[ ] is old law to be omitted.
LBD12670-03-0
S. 6606--A 2 A. 9706--A
finance law, in relation to reimbursement for firefighting costs and
funds for volunteer firefighting and emergency service providers; to
amend the vehicle and traffic law, in relation to vehicles operated by
officials of the office of fire prevention and control; to amend the
criminal procedure law, in relation to arson investigation; and to
amend the executive law, the general municipal law and the tax law, in
relation to fire safety standards of cigarettes, and to repeal certain
provisions of the county law and the executive law relating thereto
(Part B); to amend the executive law and the civil practice law and
rules, in relation to establishing a rape crisis program in the divi-
sion of criminal justice services and remove the program from the
department of health; and to repeal subdivision 15 of section 206 and
article 6-A of the public health law relating thereto (Part C); to
amend the criminal procedure law and the penal law, in relation to
terms of probation; to amend the criminal procedure law, in relation
to probation mandate relief; to amend the executive law, in relation
to the manner in which probation aid is distributed; to amend the
penal law and the criminal procedure law, in relation to warrants, the
probation detainer warrant pilot project and modification and exten-
sion thereof, waiver of extradition, conditions of probation, and
restitution; and to amend chapter 377 of the laws of 2007 amending the
correction law and the criminal procedure law relating to establishing
a probation detainer warrant pilot project, in relation to the effec-
tiveness thereof (Part D); to amend the executive law, in relation to
creating in the division of criminal justice services the office of
indigent defense; and to amend the state finance law, in relation to
the distribution of monies from the indigent legal services fund (Part
E); to amend the county law, in relation to permitting counties to
establish an office of conflict defender and providing for the repeal
of such provisions upon expiration thereof (Part F); to amend the
executive law, in relation to the collection of DNA; and to amend the
penal law, in relation to conditions of probation and conditional
discharge and refusal to provide a DNA sample (Part G); to amend the
vehicle and traffic law, in relation to the denial of registration or
renewal for certain violations; in relation to the suspension of
registration for failure to answer or pay penalties with respect to
certain violations; and in relation to establishing a photo-monitoring
program to impose fines for failing to obey work zone speed limits and
for failing to obey certain posted speed limits (Part H); to amend the
executive law, in relation to reducing the board of parole maximum
membership from nineteen to thirteen and to reduce the term of office
from six to five years (Part I); to amend the correction law, in
relation to the housing of persons nineteen, twenty and twenty-one
years of age with the department of correctional services; to amend
the criminal procedure law, in relation to permitting electronic
appearances in certain court proceedings; and to amend the correction
law, in relation to permitting the commingling of inmates in local
correctional infirmaries and to allow prisoners to voluntarily work
for nonprofit organizations (Part J); to amend the judiciary law, the
civil practice law and rules, the uniform district court act, the
uniform city court act, and the New York city civil court act, in
relation to the increase of certain civil court fees (Part K); to
amend the uniform justice court act, in relation to improving the
process for the merging of town and village courts (Part L); in
relation to requiring the judiciary to publicly account for the impact
on local governments from any new program or expanded program to be
S. 6606--A 3 A. 9706--A
required by its rules and regulations (Part M); to amend the public
authorities law, in relation to certain bonds authorized to be issued
or purchased by the municipal bond bank agency and to certain financ-
ing agreements authorized to be executed in connection therewith (Part
N); to amend the civil service law, the labor law and the executive
law, in relation to abolishing the state employment relations board
and shift responsibilities to the public employment relations board;
and to repeal certain provisions of the labor law relating thereto
(Part O); to repeal section 163-c of the state finance law, relating
to imposition of a centralized procurement contract fee (Part P); to
collect surplus funds from workers' compensation insurance carriers
and to prevent such surpluses from recurring (Part Q); to amend the
workers' compensation law and the insurance law, in relation to
providing the workers' compensation board with the powers needed to
protect injured workers' benefits (Part R); to establish a joint
appointing authority for the state financial system project (Part S);
to amend the civil service law, the state finance law and the insur-
ance law, in relation to allowing the New York state employee health
insurance plan to have the option to be self insured; and to amend the
parks, recreation and historic preservation law, in relation to the
health benefit plan for employees (Part T); to amend the civil service
law, in relation to reimbursement for medicare premium charges (Part
U); to amend the retirement and social security law, in relation to
payment by the state of certain employer retirement contributions
(Part V); to amend the executive law, the real property tax law, and
the tax law, in relation to merging the state office of real property
services and the state board of real property services into the
department of taxation and finance; and to repeal certain provisions
of the real property tax law and the tax law relating thereto (Part
W); to amend the real property tax law, the real property law and the
tax law, in relation to establishing a property taxpayers' disclosure
and assessment transparency act and simplifying the reporting of data
relating to real estate transfers (Part X); to amend the real property
tax law, in relation to restructuring the current aid program to
encourage full value reassessments (Part Y); to amend the state
finance law, in relation to aid and incentives for municipalities
(Part Z); to amend the state finance law, in relation to a program of
aid to municipalities in which a video lottery gaming facility is
located (Part AA); to amend the legislative law, in relation to
unfunded mandates on local governments and school districts; and
providing for the repeal of certain provisions upon expiration thereof
(Part BB); to amend the general municipal law, the education law, the
public authorities law and chapter 738 of the laws of 1988 amending
the administrative code of the city of New York, the public authori-
ties law and other laws relating to the New York city school
construction authority, in relation to separate specifications for
public works contracts (Part CC); to amend the general municipal law,
the public housing law, the state finance law and chapter 585 of the
laws of 1939, relating to the rate of interest to be paid by certain
public corporations upon judgments and accrued claims, in relation to
interest rates paid by certain public corporations (Part DD); to amend
the agriculture and markets law and the county law, in relation to the
sharing of the duties of weights and measures between municipalities;
to amend the town law, in relation to residency requirements of fire
districts and fire companies; and to amend the real property tax law,
in relation to entering into contracts for tax collection (Part EE);
S. 6606--A 4 A. 9706--A
to amend the general municipal law, the economic development law, the
state finance law, the public buildings law and the education law, in
relation to procurements by local governments, the state, libraries
and library systems; and providing for the repeal of certain
provisions upon expiration thereof (Part FF); to amend the town law,
in relation to eliminating compensation for town improvement district
commissioners, in relation to the provision of sanitary services in
the areas of towns outside of villages, and in relation to abolishing
the offices of improvement district commissioners (Part GG); to amend
the public officers law, in relation to fees for accident reports; to
amend the general municipal law and the banking law, in relation to
permitting local governments to make deposits in credit unions and
savings banks; to amend the general municipal law, in relation to
authorizing fees for ambulance service provided by a fire department
or fire company; to amend the general municipal law, in relation to
authorizing municipalities to charge for the cost of providing addi-
tional police protection to paid-admission events; to amend the gener-
al city law and the village law, in relation to increasing the rate of
tax authorized to be imposed by local gross receipts taxes; and to
repeal certain provisions of the public officers law relating thereto
(Part HH); to amend the public authorities law, in relation to federal
subsidy bonds of the New York city transitional finance authority
(Part II); to provide for the administration of certain funds and
accounts related to the 2010-2011 budget; to authorize certain
payments and transfers; to amend the state finance law, in relation to
the school tax relief fund; to amend the state finance law, in
relation to the expiration of certain provisions thereof; to amend the
state finance law, in relation to notes and bonds of the environmental
facilities corporation; to amend the state finance law, in relation to
the general debt service fund; to amend the state finance law, in
relation to the issuance of revenue bonds; to amend part RR of chapter
57 of the laws of 2008 providing for the administration of certain
funds and accounts related to the 2008-2009 budget, in relation to
effectiveness of certain provisions thereof; to amend the state
finance law, in relation to variable rate bonds; to amend the state
finance law, in relation to mental health service facilities financ-
ing; to amend the state finance law, in relation to the sale of state
bonds; to amend the state finance law, in relation to the sale of
housing bonds and urban renewal bonds; to amend the state finance law,
in relation to federal interest subsidy payments; to amend the public
authorities law, in relation to cultural education facilities; to
amend the public authorities law, in relation to library construction;
to amend the public authorities law, in relation to voting of direc-
tors of the local government assistance corporation; to amend part P
of chapter 57 of the laws of 2005, amending the education law relating
to establishing a program of capital financing for public broadcasting
stations, in relation to the effectiveness of certain provisions ther-
eof; to amend the public authorities law, the judiciary law, the
education law, the state finance law, chapter 57 of the laws of 2004,
amending the education law and other laws relating to the calculation
and payment of state aid to school districts and boards of cooperative
educational services, chapter 57 of the laws of 2005, amending the
labor law and other laws relating to implementing the state fiscal
plan for the 2005-2006 state fiscal year, chapter 83 of the laws of
1995, amending the state finance law and other laws relating to state
finances, chapter 7 of the laws of 1989, authorizing the New York
S. 6606--A 5 A. 9706--A
state urban development corporation to assist the state in restructur-
ing certain payment requirements, chapter 190 of the laws of 1990,
amending the tax law relating to certain taxes, fees and other imposi-
tions, chapter 61 of the laws of 2005, providing for the adminis-
tration of certain funds and accounts related to the 2005-2006 budget,
chapter 81 of the laws of 2002, providing for the administration of
certain funds and accounts related to the 2002-2003 budget, chapter 60
of the laws of 2006, relating to providing for administration of
certain funds and accounts related to the 2006-2007 budget, chapter
389 of the laws of 1997, providing for the financing of the correc-
tional facilities improvement fund and the youth facility improvement
fund, chapter 18 of the laws of 2008, amending the racing, pari-mutuel
wagering and breeding law and other laws relating to racing corpo-
rations and associations, chapter 432 of the laws of 1997, amending
the state finance law and other laws relating to the transportation,
economic development and environmental conservation budget, chapter
796 of the laws of 1992, providing for enhancements to the center for
science and technology on the campus of Syracuse University and the
Cornell super computer center on the campus of Cornell University,
chapter 684 of the laws of 1986, relating to providing for the
construction of the center for computers, microelectronics and tele-
communications on the campus of Columbia University in the city of New
York, chapter 839 of the laws of 1987, constituting the omnibus
economic development act of 1987, chapter 258 of the laws of 1993,
relating to the development of sports facilities, chapter 61 of the
laws of 2000, authorizing bonds for the strategic investment program,
chapter 84 of the laws of 2002, chapter 3 of the laws of 2004, chapter
59 of the laws of 2004, chapter 58 of the laws of 2006, and chapter 56
of the laws of 2009, authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to
issue bonds and notes, chapter 59 of the laws of 2005, relating to the
urban development corporation bonding authority and relating to the
authority of the urban development corporation and the dormitory
authority to issue bonds, chapter 62 of the laws of 2003 and chapter
161 of the laws of 2005, authorizing the urban development corporation
to issue bonds, chapter 35 of the laws of 1979, relating to appropri-
ating funds to the New York state urban development corporation, the
New York state urban development corporation act, the New York state
medical care facilities finance agency act, 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; and to
amend part R-1 of chapter 109 of the laws of 2006 relating to dormito-
ry authority bonds, in relation to state-supported debt; and providing
for the repeal of certain provisions upon the expiration thereof (Part
JJ); and to amend chapter 503 of the laws of 2009, relating to the
disposition of monies recovered by county district attorneys before
the filing of an accusatory instrument, in relation to the use of such
monies (Part KK)
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
which are necessary to implement the state fiscal plan for the 2010-2011
state fiscal year. Each component is wholly contained within a Part
S. 6606--A 6 A. 9706--A
identified as Parts A through KK. The effective 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, includ-
ing the effective date of the Part, which makes 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
Section 1. Section 240 of the executive law, as amended by chapter
134 of the laws of 1985, is amended to read as follows:
S 240. [Division] OFFICE of probation and correctional alternatives[;
director]. 1. There shall be in the [executive department a division]
DIVISION OF CRIMINAL JUSTICE SERVICES AN OFFICE of probation and correc-
tional alternatives, HEREINAFTER REFERRED TO IN THIS ARTICLE AS "THE
OFFICE". The head of the [division] OFFICE shall be the [state] direc-
tor of probation and correctional alternatives, who shall be appointed
by the [governor by and with the advice and consent of the senate, and
hold office at the pleasure of the governor by whom he was appointed and
until his successor is appointed and has qualified] COMMISSIONER.
2. The [state] director [of probation and correctional alternatives
shall have sole charge of the administration of the division of
probation and correctional alternatives], IN CONSULTATION WITH THE
COMMISSIONER, SHALL COORDINATE AND RECOMMEND POLICY RELATING TO THE
ADMINISTRATION OF PROBATION SERVICES AND CORRECTIONAL ALTERNATIVE
PROGRAMS THROUGHOUT THE STATE.
3. [The principal office of the division of probation and correctional
alternatives shall be in the county of Albany] THE COMMISSIONER, IN
CONSULTATION WITH THE DIRECTOR, SHALL APPOINT STAFF AND PERFORM SUCH
OTHER FUNCTIONS TO ENSURE THE EFFICIENT OPERATION OF THE OFFICE WITHIN
THE AMOUNTS MADE AVAILABLE THEREFOR BY APPROPRIATION.
4. As used in this article, the term "director" shall mean the [state]
director of THE OFFICE OF probation and correctional alternatives,
"OFFICE" SHALL MEAN THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES, "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND "DIVISION" SHALL MEAN THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
S 2. Section 241 of the executive law is REPEALED.
S 3. Section 836 of the executive law is amended by adding three new
subdivisions 7, 8 and 9 to read as follows:
7. THE FUNCTIONS, POWERS AND DUTIES OF THE FORMER DIVISION OF
PROBATION AND CORRECTIONAL ALTERNATIVES AS ESTABLISHED IN ARTICLE TWELVE
OF THIS CHAPTER SHALL NOW BE CONSIDERED A FUNCTION OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
8. THE FUNCTIONS, POWERS AND DUTIES OF THE FORMER NEW YORK STATE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE AS ESTABLISHED IN ARTICLE
TWENTY-ONE OF THIS CHAPTER SHALL NOW BE CONSIDERED A FUNCTION OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
9. THE FUNCTIONS, POWERS AND DUTIES OF THE FORMER CRIME VICTIMS BOARD
AS ESTABLISHED IN ARTICLE TWENTY-TWO OF THIS CHAPTER SHALL NOW BE
CONSIDERED A FUNCTION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
S 4. Transfer of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the division of probation and correctional alternatives to the
S. 6606--A 7 A. 9706--A
division of criminal justice services pursuant to subdivision 7 of
section 836 of the executive law, as added by section three of this act,
all employees of the division of probation and correctional alternatives
shall be transferred to the division of criminal justice services.
Employees transferred pursuant to this section shall be transferred
without further examination or qualification and shall retain their
respective civil service classifications, status and collective bargain-
ing unit designations and collective bargaining agreements.
S 5. Transfer of records. All books, papers, and property of the divi-
sion of probation and correctional alternatives shall be delivered to
the commissioner of the division of criminal justice services. All
books, papers, and property of the division of probation and correction-
al alternatives shall continue to be maintained by the division of crim-
inal justice services.
S 6. Continuity of authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the division of
criminal justice services shall be deemed and held to constitute the
continuation of the division of probation and correctional alternatives.
S 7. Completion of unfinished business. Any business or other matter
undertaken or commenced by the division of probation and correctional
alternatives or the director thereof pertaining to or connected with the
functions, powers, obligations and duties hereby transferred and
assigned to the division of criminal justice services and pending on the
effective date of this act, may be conducted and completed by the divi-
sion of criminal justice services in the same manner and under the same
terms and conditions and with the same effect as if conducted and
completed by the division of probation and correctional alternatives.
S 8. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the division of probation
and correctional alternatives pertaining to the functions and powers
herein transferred and assigned, in force at the time of such transfer
and assumption, shall continue in full force and effect as rules, regu-
lations, acts, orders, determinations and decisions of the division of
criminal justice services until duly modified or abrogated by the
commissioner of the division of criminal justice services.
S 9. Terms occurring in laws, contracts and other documents. Whenever
the division of probation and correctional alternatives or the director
thereof, is referred to or designated in any law, contract or document
pertaining to the functions, powers, obligations and duties hereby
transferred to and assigned to the division of criminal justice services
or the commissioner of the division of criminal justice services, such
reference or designation shall be deemed to refer to the division of
criminal justice services or commissioner of the division of criminal
justice services, as applicable.
S 10. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by any
provisions of this act.
S 11. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or against the
division of probation and correctional alternatives or the director
thereof, shall be affected by any provision of this act, but the same
may be prosecuted or defended in the name of the commissioner of the
division of criminal justice services or the division of criminal
justice services. In all such actions and proceedings, the commissioner
S. 6606--A 8 A. 9706--A
of the division of criminal justice services, upon application of the
court, shall be substituted as a party.
S 12. Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the division of probation and
correctional alternatives to the extent of remaining unexpended or unen-
cumbered balance thereof, whether allocated or unallocated and whether
obligated or unobligated, are hereby transferred to and made available
for use and expenditure by the division of criminal justice services
subject to the approval of the director of the budget for the same
purposes for which originally appropriated or reappropriated and shall
be payable on vouchers certified or approved by the commissioner of the
division of criminal justice services on audit and warrant of the comp-
troller.
S 13. Transfer of assets and liabilities. All assets and liabilities
of the division of probation and correctional alternatives are hereby
transferred to and assumed by the division of criminal justice services.
S 14. Subdivision 1 of section 221-a of the executive law, as amended
by chapter 107 of the laws of 2004, is amended to read as follows:
1. The superintendent, in consultation with the division of criminal
justice services, office of court administration, the [division] OFFICE
of probation and correctional alternatives[,] AND the [state] office for
the prevention of domestic violence [and the division for women], shall
develop a comprehensive plan for the establishment and maintenance of a
statewide computerized registry of all orders of protection issued
pursuant to articles four, five, six and eight of the family court act,
section 530.12 of the criminal procedure law and, insofar as they
involve victims of domestic violence as defined by section four hundred
fifty-nine-a of the social services law, section 530.13 of the criminal
procedure law and sections two hundred forty and two hundred fifty-two
of the domestic relations law, and orders of protection issued by courts
of competent jurisdiction in another state, territorial or tribal juris-
diction, special orders of conditions issued pursuant to subparagraph
(i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
criminal procedure law insofar as they involve a victim or victims of
domestic violence as defined by subdivision one of section four hundred
fifty-nine-a of the social services law or a designated witness or
witnesses to such domestic violence, and all warrants issued pursuant to
sections one hundred fifty-three and eight hundred twenty-seven of the
family court act, and arrest and bench warrants as defined in subdivi-
sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
nal procedure law, insofar as such warrants pertain to orders of
protection or temporary orders of protection; provided, however, that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three, seven and ten of such act and
section 530.13 of the criminal procedure law shall not be included in
the registry. The superintendent shall establish and maintain such
registry for the purposes of ascertaining the existence of orders of
protection, temporary orders of protection, warrants and special orders
of conditions, and for enforcing the provisions of paragraph (b) of
subdivision four of section 140.10 of the criminal procedure law.
S 15. The article heading of article 12 of the executive law, as
amended by chapter 134 of the laws of 1985, is amended to read as
follows:
[DIVISION] OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES
S 15-a. Intentionally omitted.
S. 6606--A 9 A. 9706--A
S 16. Subdivision 2 of section 242 of the executive law, as amended by
chapter 134 of the laws of 1985, is amended to read as follows:
2. The present members of the state probation commission who were
appointed to such commission by the governor shall continue as the
members of said commission appointed pursuant to paragraph (a) of subdi-
vision one of this section at the pleasure of the governor, and until
their successors are appointed and have qualified. The director shall be
chairman of the commission. No member of said probation commission shall
receive any compensation for his OR HER services as a member of such
commission, but the members shall be entitled to their actual necessary
expenses incurred in the performance of their duties. The [director]
COMMISSIONER may from time to time assign an employee of the division to
act as secretary to said probation commission. The duties of the members
of said probation commission shall be to attend the meetings of such
probation commission, at the time fixed by said commission, or called by
the chairman of said commission, and to consider all matters relating to
probation in the state, within the jurisdiction of the [division of
probation and correctional alternatives] OFFICE, and to advise and
consult with the director in regard thereto.
S 17. Subdivisions 1 and 2, paragraph (a) of subdivision 3, and the
opening paragraph of subdivision 4 of section 243 of the executive law,
subdivision 1 as amended by chapter 134 of the laws of 1985, subdivision
2 as amended by chapter 574 of the laws of 1985, paragraph (a) of subdi-
vision 3 as added by chapter 609 of the laws of 1997, and the opening
paragraph of subdivision 4 as added by chapter 568 of the laws of 2008,
are amended to read as follows:
1. The [director] OFFICE shall exercise general supervision over the
administration of probation services throughout the state, including
probation in family courts and shall collect statistical and other
information and make recommendations regarding the administration of
probation services in the courts. [He] THE OFFICE shall endeavor to
secure the effective application of the probation system and the
enforcement of the probation laws and the laws relating to family courts
throughout the state. After consultation with the state probation
commission, [he] THE OFFICE shall [adopt] RECOMMEND TO THE COMMISSIONER
general rules which shall regulate methods and procedure in the adminis-
tration of probation services, including investigation of defendants
prior to sentence, and children prior to adjudication, supervision, case
work, record keeping, and accounting, program planning and research so
as to secure the most effective application of the probation system and
the most efficient enforcement of the probation laws throughout the
state. Such rules shall provide that the probation investigations
ordered by the court in designated felony act cases under subdivision
one of section 351.1 of the family court act shall have priority over
other cases arising under articles three and seven of such act. [Such]
WHEN DULY ADOPTED BY THE COMMISSIONER, SUCH rules shall be binding upon
all probation officers and when duly adopted shall have the force and
effect of law, but shall not supersede rules that may be adopted pursu-
ant to the family court act. [He] THE OFFICE shall keep [himself]
informed as to the work of all probation officers and shall from time to
time inquire into and report upon their conduct and efficiency. [He] THE
OFFICE may investigate the work of any probation bureau or probation
officer and shall have access to all records and probation offices. [He]
THE OFFICE may issue subpoenas to compel the attendance of witnesses or
the production of books and papers. [He] THE OFFICE may administer oaths
and examine persons under oath. [He] THE OFFICE may recommend to the
S. 6606--A 10 A. 9706--A
appropriate authorities the removal of any probation officer. [He shall
transmit to the governor not later than February first of each year an
annual report of the work of the division of probation and correctional
alternatives for the preceding calendar year, which shall include such
information relative to the administration of probation and correctional
alternatives throughout the state as may be appropriate. He] THE OFFICE
may from time to time publish reports regarding probation including
probation in family courts, and the operation of the probation system
including probation in family courts and any other information regarding
probation as [he] THE OFFICE may determine provided expenditures for
such purpose are within amounts appropriated therefor.
2. The [director] OFFICE shall exercise general supervision over the
utilization of correctional alternative programs throughout the state.
[He] THE OFFICE shall collect statistical and other information and make
recommendations regarding the availability, identification, coordination
and utilization of such programs. The [director] OFFICE shall endeavor
to facilitate communication and coordination among and between correc-
tional alternative programs and probation services in order to assist in
making effective use of such programs. A correctional alternative
program shall be deemed to refer to those programs, including eligible
programs as defined in paragraph b of subdivision one of section two
hundred sixty-one of this chapter, which by themselves, or when used in
conjunction with one or more programs or with probation services, may
serve as an alternative to a sentence or disposition of incarceration or
a portion thereof, and which shall serve the interests of justice. The
[director] OFFICE shall further exercise general supervision over the
administration and implementation of alternatives to incarceration
service plans under the provisions of article thirteen-A of this chap-
ter. [He] THE OFFICE shall [adopt] RECOMMEND TO THE COMMISSIONER general
rules and regulations which shall regulate methods and procedures in the
administration and funding of alternative to incarceration service
plans, and any other correctional alternative program funded by the
state through the division, including but not limited to issuance of
quarterly reports as specified by section two hundred sixty-three of
this chapter. [Such] WHEN DULY ADOPTED BY THE COMMISSIONER, SUCH rules
and regulations shall be binding upon all counties and eligible programs
that may be funded in such plans and when duly adopted shall have the
force and effect of law. [He] THE OFFICE shall keep [himself] informed
as to the development, implementation and utilization of plans and fund-
ed eligible programs therein and shall from time to time inquire into
and report upon their work and efficiency. [He] THE OFFICE shall inves-
tigate the work of any funded plan or eligible program and shall have
access to their records and offices for such purpose.
(a) The [director] OFFICE shall have the authority to certify to the
commissioner [of the division of criminal justice services] those
correctional alternative programs subject to supervision of the division
and determined to perform a criminal justice function, as defined in
subdivision ten of section eight hundred thirty-five of this chapter,
for the purpose of permitting access to criminal history records for
criminal justice purposes, subject to the approval of the commissioner
[of the division of criminal justice services]. Any such correctional
alternative program may apply for certification to the division in writ-
ing, on forms prescribed by the division. Such application shall speci-
fy, at a minimum, the following: the nature and scope of the program;
the necessity for access to such records related to their criminal
justice function; the names of employees, and their job titles or posi-
S. 6606--A 11 A. 9706--A
tions, for whom access is being sought; and any other information the
division deems necessary. Certification shall include the designation of
those employees of such programs for whom access to such records is
authorized. No designated employee shall have access to such records
until such person has satisfactorily completed appropriate training,
required by the division [of criminal justice services].
The [director] OFFICE shall [promulgate] RECOMMEND TO THE COMMISSIONER
rules and regulations which shall include guidelines and procedures on
the placement of sex offenders designated as level two or level three
offenders pursuant to article six-C of the correction law. Such regu-
lations shall instruct local probation departments to consider certain
factors when investigating and approving the residence of level two or
level three sex offenders sentenced to a period of probation. Such
factors shall include the following:
S 18. Subdivision 1 of section 483-d of the social services law, as
added by chapter 392 of the laws of 2005, is amended to read as follows:
1. Committee established. There is hereby established within the
council an out-of-state placement committee comprised of the commission-
er of children and family services, the commissioner of mental health,
the commissioner of mental retardation and developmental disabilities,
the commissioner of education, the commissioner of alcoholism and
substance abuse services, the commissioner of health, and the director
of the [division] OFFICE of probation and correctional alternatives.
S 19. Section 244 of the executive law, as amended by chapter 906 of
the laws of 1974, is amended to read as follows:
S 244. Hostels and foster homes. 1. The [director] OFFICE is hereby
authorized to provide or to pay for care in a hostel or foster home
approved by [him] THE OFFICE as suitable for such cases for any proba-
tioner or parolee under the age of twenty-one years when the parole
board or a judge of a court determines that there is no other suitable
home for such probationer or parolee and that such probationer or paro-
lee should be placed in such hostel or foster home. In addition to
payment for such care, when ordered by the board or court, the [direc-
tor] OFFICE is authorized to provide or pay for clothing and other
necessities, including medical and psychiatric treatment, required for
the welfare of such probationer or parolee. The [director] OFFICE may
also provide or contract for such care in any suitable facility operated
by a department of correction or by any other public or voluntary social
welfare agency, institution or organization. A court with respect to
such a probationer and the parole board with respect to such a parolee
shall, subject to regulation by the [director] DIVISION control admis-
sions to and discharges from such hostels and foster homes. When place-
ment is made in any hostel or foster home, or in any facility other than
a public institution, such placement whenever practicable shall be in a
hostel, or facility operated by or in the home of a person or persons of
the same religious faith as the probationer or parolee.
2. The [director] OFFICE shall have authority and the duty to stimu-
late programs for the development of hostels and foster homes for the
care of probationers and parolees under the age of twenty-one years.
S 20. Section 245 of the executive law, as amended by chapter 134 of
the laws of 1985, is amended to read as follows:
S 245. Probation staff training and development. The [division] OFFICE
of probation and correctional alternatives shall conduct training
programs for city, county and state probation personnel, prepare and
execute programs of information and education to interest persons in the
field of probation as a vocation, encourage the development by schools
S. 6606--A 12 A. 9706--A
within the state of courses of study in fields related to and bearing
upon probation and engage in other activities of an educational or
informational nature designed to increase the number of qualified
probation personnel and improve the caliber of probation service within
the state. In order to effectuate the provisions of this section, the
[division] OFFICE of probation and correctional alternatives shall be
authorized to prepare and disseminate printed materials, utilize media
of public information, cooperate with public and private institutions of
learning and employ qualified persons as lecturers or consultants on a
fee basis to supplement services to be performed by its personnel here-
under. Such fees shall be payable out of funds appropriated for these
purposes on the audit and warrant of the comptroller on vouchers certi-
fied or approved by the [director] OFFICE.
S 21. Subdivisions 1 and 3 of section 246 of the executive law, as
amended by chapter 134 of the laws of 1985, are amended to read as
follows:
1. The program of state aid to county probation services shall be
continued. It shall be administered by the division [of probation and
correctional alternatives] with the advice of the state probation
commission. Funds appropriated to the division for distribution as state
aid to county probation services and to the probation services of New
York city shall be distributed by the division in accordance with the
provisions of this section, and rules adopted by the [director] COMMIS-
SIONER after consultation with the DIRECTOR AND THE state probation
commission.
3. Applications from counties or the city of New York for state aid
under this section shall be made by filing with the division [of
probation and correctional alternatives], a detailed plan, including
cost estimates covering probation services for the fiscal year or
portion thereof for which aid is requested. Included in such estimates
shall be clerical costs and maintenance and operation costs as well as
salaries of probation personnel and such other pertinent information as
the director may require. Items for which reimbursement is requested
under this section shall be duly designated in the estimates submitted.
The director, after consultation with the state probation commission,
shall approve such plan if it conforms to standards relating to the
administration of probation services as specified in the rules adopted
by him.
S 22. Section 247 of the executive law is REPEALED.
S 23. Section 248 of the executive law, as added by chapter 479 of the
laws of 1970, the opening paragraph as amended by chapter 134 of the
laws of 1985, is amended to read as follows:
S 248. Establishment of probation scholarships. The [division of
probation and correctional alternatives] OFFICE, [under regulations
which it shall prescribe, and] out of moneys appropriated to it for that
purpose, is authorized to grant scholarships for graduate training in
any course of study that would be of substantial value in the field of
probation at graduate schools located within the state whose programs
are registered by the regents.
Each such scholarship shall entitle the holder thereof to a sum not to
exceed four thousand dollars annually while in attendance at any of the
said schools for a period not to exceed two years of graduate profes-
sional study.
Scholarships under this section shall be awarded only to residents of
the state of New York who hold a degree of bachelor of arts or bachelor
of science from a college or university, or the equivalent thereof.
S. 6606--A 13 A. 9706--A
The [director] OFFICE, after consultation with the state probation
commission, shall [make] RECOMMEND TO THE COMMISSIONER rules governing
the award of such scholarships, the publication of notices offering
scholarships, the issuance and cancellation of certificates entitling
persons to the benefits thereof, the use of such scholarships by the
persons entitled thereto, the courses that may be included under such
scholarships, the schools which may be attended under such scholarships,
the rights and duties of scholarship holders and of the schools which
they attend, and providing generally for the carrying into effect of the
provisions of this section; and may, by appropriate rule, require that
holders of such scholarships be available for employment in probation
work in the state of New York upon the completion of the training for
which the scholarship is provided. The [director] OFFICE shall, after
consultation with the state probation commission, award such scholar-
ships within such established rules, and any scholarship may be revoked
for cause.
Payments of money under this section may be made to the holder of the
scholarship or to the school or college attended under the scholarship,
on behalf of, and for the benefit of, the holder of the scholarship.
Payments of money shall be ordered by the comptroller upon vouchers of
the [director] OFFICE certifying that the person named therein is enti-
tled to receive the sum either directly, or for his or her benefit.
S 24. Subdivisions 2, 3 and 4 of section 257 of the executive law, as
amended by chapter 134 of the laws of 1985, are amended to read as
follows:
2. The [state director] OFFICE of probation and correctional alterna-
tives may when necessary certify in writing the need of one or more
salaried probation officers to the official body charged with responsi-
bility for appropriating funds for support of government in the poli-
tical subdivision of the state wherein a probation department is
located. Such body shall then determine whether such need exists and if
found to exist it shall fix the salary of such probation officer and
appropriate the necessary funds, as well as provide for the necessary
expenses of such officer.
3. Each probation officer who collects or has custody of money, before
entering upon the duties of his OR HER office, shall execute a bond,
pursuant to the provisions of section eleven of the public officers law,
in a penal sum to be fixed by the local director of probation with
sufficient sureties approved thereby, conditioned for the honest
accounting for all money received by him OR HER as such probation offi-
cer. In the discretion of the local director of probation, a position
scheduled bond covering all such probation officers may be procured and
executed in lieu of such individual bonds. The accounts of all probation
officers shall be subject to audit at any time by the proper fiscal
authorities and the [division] OFFICE of probation and correctional
alternatives.
4. It shall be the duty of every probation officer to furnish to each
of his OR HER probationers a statement of the conditions of probation,
and to instruct him OR HER with regard thereto; to keep informed
concerning his OR HER conduct, habits, associates, employment, recre-
ation and whereabouts; to contact him OR HER at least once a month
pursuant to rules promulgated by the [state director of probation and
correctional alternatives] COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES; to aid and encourage him OR HER by friendly advice and
admonition; and by such other measures as may seem most suitable to
bring about improvement in his OR HER conduct, condition and general
S. 6606--A 14 A. 9706--A
attitude toward society. Probation officers shall report to the head of
the probation bureau or department who shall in turn report in writing
to the court and the [state director] OFFICE of probation and correc-
tional alternatives at least monthly or where there is no bureau or
department, directly to the court and the [state director] OFFICE of
probation and correctional alternatives concerning the conduct and
condition of probationers; keep records of their work as probation offi-
cers; keep accurate and complete accounts of all money collected from
probationers; give receipts therefor and make prompt returns thereof at
least monthly; aid in securing employment; perform such other duties in
connection with such probationer as the court may direct or as required
by the general rules adopted pursuant to section two hundred forty-three
of this chapter; and make such reports to the [state division] OFFICE of
probation and correctional alternatives as it may require.
S 25. Paragraphs a, b, e and i of subdivision 1 of section 261 of the
executive law, paragraphs a, e and i as amended by chapter 338 of the
laws of 1989 and paragraph b as amended by chapter 461 of the laws of
1990, are amended to read as follows:
a. "Service plan" or "plan" means a county plan designed to identify
and provide eligible programs as determined by either an advisory board
established pursuant to this article, or by an existing criminal justice
coordinating council, provided, however, the membership of such council
includes a majority of those persons set forth in subdivision two of
this section, provided that one person shall be the chief administrative
officer. The following factors considered, utilized and incorporated in
the plan shall include but not be limited to:
(i) an analysis of the jail population to assist in determining incar-
ceration practices and trends, including, if submitting an approved
amendment pursuant to section two hundred sixty-six of this article, an
analysis of the relationship between alcohol, drugs and crime and the
effects of alcohol and substance abuse on the local criminal justice
system and jail, probation and alternatives to incarceration popu-
lations, consistent with planning guidelines established by the [divi-
sion] OFFICE; the types and nature of alternative programming needed,
and appropriate eligibility requirements;
(ii) an analysis of recent overcrowding problems and measures taken by
the county to relieve them;
(iii) a summary of existing alternatives programs and/or related
services and previous efforts made by the county to develop alternatives
to incarceration and if an approved amendment is submitted, pursuant to
section two hundred sixty-six of this article, a summary of existing
alcohol and substance abuse programs;
(iv) a comprehensive plan for the development of alternatives programs
that addresses the specific needs identified in subparagraph (i) of this
paragraph and furthers the county's long-range goals in the area of
alternatives to incarceration;
(v) specific proposals for the use of state aid available under this
chapter, including a description of services to be provided, character-
istics of the target populations, steps to be taken to identify eligible
participants, the goals and objectives to be accomplished through the
proposals;
(vi) a detailed time frame for the implementation and evaluation of
the specific proposals described in subparagraph (v) of this paragraph;
(vii) a summary of those criteria by which the [division] OFFICE and
the state commission of correction may measure the proposal's impact on
jail overcrowding; and
S. 6606--A 15 A. 9706--A
(viii) any other information which the [division] OFFICE may request
consistent with the purposes of this chapter.
Nothing in this article shall prohibit the development of regional
programs by two or more counties.
b. "Eligible programs" means existing programs, enhancement of exist-
ing programs or initiation of new programs or, if submitting an approved
amendment pursuant to section two hundred sixty-six of this article,
eligible alcohol and substance abuse programs as defined in paragraph c
of this subdivision which serve to assist the court, public officers or
others in identifying and avoiding the inappropriate use of incarcera-
tion. Such programs may be administered by either the county or private,
community-based organizations and may include, but shall not be limited
to: new or enhanced specialized probation services which exceed those
probation services otherwise required to be performed in accordance with
applicable law, rule or regulation of the [state] division of [probation
and correctional alternatives] CRIMINAL JUSTICE SERVICES subject to the
provisions of this article; a pre-trial alternative to detention
program, including a comprehensive pre-arraignment program which screens
all defendants and ensures that the court is fully advised of the avail-
ability of alternatives based upon the defendant's suitability and needs
prior to its determination regarding the issuance of a securing order,
or an effective bail review program; alternatives to post-adjudicatory
incarceration programs, including community service, substance abuse or
alcohol intervention programs; and management information systems
designed to improve the county's ability to identify appropriate persons
for alternatives to detention or incarceration, as well as for improved
classification of persons within jail. For purposes of this paragraph,
community service programs may place persons performing community
service at worksites identified by the commissioner of the department of
environmental conservation and the commissioner of the office of parks,
recreation and historic preservation.
e. "Approved plan" means a plan submitted by the county executive upon
approval by the advisory board or council and by the local legislative
body, which has been determined by the [division of probation and
correctional alternatives] OFFICE to meet the requirements set forth in
paragraph a of this subdivision.
i. ["Division"] "OFFICE" means the [division] OFFICE of probation and
correctional alternatives.
S 26. Section 354-a of the executive law, as amended by chapter 355 of
the laws of 2004, is amended to read as follows:
S 354-a. Information on status of veterans receiving assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political subdivisions thereof, which provide assistance,
treatment, counseling, care, supervision or custody in service areas
involving health, mental health, family services, criminal justice or
employment, including but not limited to the office of alcoholism and
substance abuse services, office of mental health, [division] OFFICE of
probation and correctional alternatives, office of children and family
services, office of temporary and disability assistance, department of
health, department of labor, local workforce investment boards, office
of mental retardation and developmental disabilities, department of
correctional services and division of parole, shall request assisted
persons to provide information with regard to their veteran status and
military experiences. Individuals identifying themselves as veterans
shall be advised that the division of veterans' affairs and local veter-
ans' service agencies established pursuant to section three hundred
S. 6606--A 16 A. 9706--A
fifty-seven of this article provide assistance to veterans regarding
benefits under federal and state law. Information regarding veterans
status and military service provided by assisted persons solely to
implement this section shall be protected as personal confidential
information under article six-A of the public officers law against
disclosure of confidential material, and used only to assist in the
diagnosis, treatment, assessment and handling of the veteran's problems
within the agency requesting such information and in referring the
veteran to the division of veterans' affairs for information and assist-
ance with regard to benefits and entitlements under federal and state
law.
S 27. Subdivision 1 of section 410.92 of the criminal procedure law,
as added by chapter 377 of the laws of 2007, is amended to read as
follows:
1. The [division] OFFICE of probation and correctional alternatives
shall establish a pilot project to implement the provisions of this
section. Such pilot project shall be established in four counties
designated by the [division] OFFICE of probation and correctional alter-
natives provided that each such county shall be in a distinct region of
the state outside of the city of New York. The state [director] COMMIS-
SIONER of [probation and correctional alternatives] THE DIVISION OF
CRIMINAL JUSTICE SERVICES shall have the power to adopt rules and regu-
lations necessary to effectuate the provisions of this section.
S 28. Subdivision 5 of section 410.92 of the criminal procedure law,
as added by chapter 377 of the laws of 2007, is amended to read as
follows:
5. The [division] OFFICE of probation and correctional alternatives
shall develop a standard reporting form that will be used by probation
departments for collecting data relating to detainer warrants issued
pursuant to subdivision two of this section. The [division] OFFICE shall
prepare a report of the usage and impact of detainer warrants which
shall include but not be limited to the number of warrants requested and
granted and, for each case, the title of the individual or individuals
issuing warrants in each jurisdiction, the summary of technical
violations of conditions of probation for which a warrant is sought, the
efforts to find an available judge, the judicial action taken in
response to the warrant, the probationer's crime of conviction, the
probationer's race and ethnicity, and such additional information deemed
necessary and relevant by the [division] OFFICE. Such report shall be
submitted to the governor, the temporary president of the senate and the
speaker of the assembly no later than the first day of May following the
effective date of this subdivision and annually thereafter. Each local
director of probation shall maintain and report to the [state] director
of THE OFFICE OF probation and correctional alternatives records suffi-
cient to allow the compilation of such reports.
S 29. Paragraph (a) of subdivision 20 of section 623 of the executive
law, as amended by chapter 418 of the laws of 1986, is amended to read
as follows:
(a) Information transmitted by the [state division] OFFICE of
probation and correctional alternatives under subdivision five of
section 390.30 of the criminal procedure law and subdivision seven of
section 351.1 of the family court act which the board shall compile,
review and make recommendations on how to promote the use of restitution
and encourage its enforcement.
S 30. Subdivision 1 of section 643 of the executive law, as added by
chapter 94 of the laws of 1984, is amended to read as follows:
S. 6606--A 17 A. 9706--A
1. As used in this section, "crime victim-related agency" means any
agency of state government which provides services to or deals directly
with crime victims, including (a) the [department of social services]
OFFICE OF CHILDREN AND FAMILY SERVICES, the office [of] FOR the aging,
the division of veterans affairs, [the division of probation] the divi-
sion of parole, [the crime victims board,] the department of motor vehi-
cles, the office of vocational rehabilitation, the workers' compensation
board, the department of health, the division of criminal justice
services, the office of mental health, every transportation authority
and the division of state police, and (b) any other agency so designated
by the governor within ninety days of the effective date of this
section.
S 31. Subdivision 9 of section 835 of the executive law, as amended by
chapter 602 of the laws of 2008, is amended to read as follows:
9. "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department of
correctional services[, the state division of probation], the department
of correction of any municipality, the insurance frauds bureau of the
state department of insurance, the office of professional medical
conduct of the state department of health for the purposes of section
two hundred thirty of the public health law, the child protective
services unit of a local social services district when conducting an
investigation pursuant to subdivision six of section four hundred twen-
ty-four of the social services law, the office of Medicaid inspector
general, the temporary state commission of investigation, the criminal
investigations bureau of the banking department, police forces and
departments having responsibility for enforcement of the general crimi-
nal laws of the state and the Onondaga County Center for Forensic
Sciences Laboratory when acting within the scope of its law enforcement
duties.
S 32. Subdivision 8 of section 92 of the public officers law, as
amended by chapter 336 of the laws of 1992, is amended to read as
follows:
(8) Public safety agency record. The term "public safety agency
record" means a record of the commission of correction, the temporary
state commission of investigation, the department of correctional
services, the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES, the division of parole, the [crime victims board] OFFICE OF
VICTIM SERVICES, the [division] OFFICE of probation and correctional
alternatives or the division of state police or of any agency or compo-
nent thereof whose primary function is the enforcement of civil or crim-
inal statutes if such record pertains to investigation, law enforcement,
confinement of persons in correctional facilities or supervision of
persons pursuant to criminal conviction or court order, and any records
maintained by the division of criminal justice services pursuant to
sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight
hundred thirty-seven-b, eight hundred thirty-seven-c, eight hundred
thirty-eight, eight hundred thirty-nine, eight hundred forty-five, and
eight hundred forty-five-a of the executive law and by the department of
state pursuant to section ninety-nine of the executive law.
S 33. The opening paragraph of paragraph (b) of subdivision 6 of
section 1198 of the vehicle and traffic law, as amended by chapter 669
of the laws of 2007, is amended to read as follows:
After consultation with manufacturers of ignition interlock devices
and the national highway traffic safety administration, the commissioner
S. 6606--A 18 A. 9706--A
of the department of health, in consultation with the commissioner and
the [director of the division] OFFICE of probation and correctional
alternatives, shall promulgate regulations regarding standards for, and
use of, ignition interlock devices. Such standards shall include
provisions for setting a minimum and maximum calibration range and shall
include, but not be limited to, requirements that the devices:
S 34. Paragraph hh of subdivision 1 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 461 of the laws of 1990,
is amended to read as follows:
hh. Cooperate with the [division] OFFICE of probation and correctional
alternatives by identifying appropriate worksites where persons perform-
ing community service as part of a criminal disposition may be assigned
to provide cleanup and other maintenance services in order to preserve
and enhance the state's natural beauty and human-made scenic qualities.
Such sites may include but are not limited to the state's shorelines,
beaches, parks, roadways, historic sites and other natural or human-made
resources.
S 35. Paragraph (m) of subdivision 1 of section 2782 of the public
health law, as amended by chapter 193 of the laws of 1991, is amended to
read as follows:
(m) an employee or agent of the [division] OFFICE of probation and
correctional alternatives or any local probation department, in accord-
ance with paragraph (a) of subdivision two of section twenty-seven
hundred eighty-six of this article, to the extent the employee or agent
is authorized to access records containing such information in order to
carry out the [division's] OFFICE'S or department's functions, powers
and duties with respect to the protected individual, pursuant to arti-
cles twelve and twelve-A of the executive law;
S 36. Subdivision 2-f of section 3.09 of the parks, recreation and
historic preservation law, as amended by chapter 461 of the laws of 1990
and as separately renumbered by chapters 460 and 552 of the laws of
2001, is amended to read as follows:
2-f. Cooperate with the [division] OFFICE of probation and correction-
al alternatives by identifying appropriate worksites where persons
performing community service as part of a criminal disposition may be
assigned to provide cleanup and other maintenance services in order to
preserve and enhance the state's natural beauty and human-made scenic
qualities. Such sites may include but are not limited to the state's
shorelines, beaches, parks, roadways, historic sites and other natural
or human-made resources.
S 37. Paragraph 2 of subdivision (a) of section 19.09 of the mental
hygiene law, as added by chapter 223 of the laws of 1992, is amended to
read as follows:
(2) Upon the request of a state agency, including but not limited to
the department of correctional services, the [state division] OFFICE of
probation and correctional alternatives, the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES, and the board of parole, the commis-
sioner shall have the power to provide alcoholism, substance abuse, and
chemical dependence services either directly or through agreements with
local certified or approved providers to persons in the custody or under
the jurisdiction of the requesting agency within amounts available and
within priorities established through the planning process.
S 38. Subdivision 4 of section 65.10 of the penal law, as added by
chapter 653 of the laws of 1996, is amended to read as follows:
4. Electronic monitoring. When imposing a sentence of probation the
court may, in addition to any conditions imposed pursuant to subdivi-
S. 6606--A 19 A. 9706--A
sions two and three of this section, require the defendant to submit to
the use of an electronic monitoring device and/or to follow a schedule
that governs the defendant's daily movement. Such condition may be
imposed only where the court, in its discretion, determines that requir-
ing the defendant to comply with such condition will advance public
safety, probationer control or probationer surveillance. Electronic
monitoring shall be used in accordance with uniform procedures developed
by the [division] OFFICE of probation and correctional alternatives.
S 39. Subdivision 1 of section 89-e of the correction law, as amended
by chapter 550 of the laws of 1987, is amended to read as follows:
1. The alternate correctional facility review panel is hereby estab-
lished and shall consist of the commissioner, the chairman of the state
commission of correction, the chairman of the board of parole, the
director of the [division] OFFICE of probation and correctional alterna-
tives, the commissioner of correction of the city of New York, the pres-
ident of the New York State Sheriffs' Association Institute, Inc., and
the president of the Correctional Association of New York or their
designees. The governor shall appoint a chairman and vice-chairman from
among the members.
S 40. Subdivision 4 of section 270 of the correction law, as added by
section 1 of part SS of chapter 56 of the laws of 2009, is amended to
read as follows:
4. "Division" means the division of [probation and correctional alter-
natives] CRIMINAL JUSTICE SERVICES.
S 41. Subdivision 1 of section 705 of the correction law, as amended
by chapter 193 of the laws of 1991, is amended to read as follows:
1. All applications, certificates and orders of revocation necessary
for the purposes of this article shall be upon forms prescribed pursuant
to agreement among the state commissioner of correctional services, the
chairman of the state board of parole and the administrator of the state
judicial conference. Such forms relating to certificates of relief from
disabilities shall be distributed by the [director of the state divi-
sion] OFFICE of probation and correctional alternatives and forms relat-
ing to certificates of good conduct shall be distributed by the chairman
of the board of parole.
S 42. The opening paragraph of subdivision 4 and subdivision 5 of
section 390.30 of the criminal procedure law, the opening paragraph of
subdivision 4 as amended by chapter 618 of the laws of 1992 and subdivi-
sion 5 as added by chapter 14 of the laws of 1985, are amended to read
as follows:
In lieu of the procedure set forth in subdivisions one, two and three
OF THIS SECTION, where the conviction is of a misdemeanor the scope of
the pre-sentence investigation may be abbreviated and a short form
report may be made. The use of abbreviated investigations and short
form reports, the matters to be covered therein and the form of the
reports shall be in accordance with the general rules regulating methods
and procedures in the administration of probation as adopted from time
to time by the [state director of probation and correctional alterna-
tives] COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES pursu-
ant to the provisions of article twelve of the executive law. No such
rule, however, shall be construed so as to relieve the agency conducting
the investigation of the duty of investigating and reporting upon:
5. Information to be forwarded to the [state division] OFFICE of
probation AND CORRECTIONAL ALTERNATIVES. Investigating agencies under
this article shall be responsible for the collection, and transmission
to the [state division] OFFICE of probation AND CORRECTIONAL ALTERNA-
S. 6606--A 20 A. 9706--A
TIVES, of data on the number of victim impact statements prepared,
pursuant to regulations of the [division] OFFICE. [Such information
shall be transmitted to the crime victims board and included in the
board's annual report pursuant to subdivision twenty of section six
hundred twenty-three of the executive law.]
S 43. Subdivision 1 of section 410.80 of the criminal procedure law,
as amended by chapter 191 of the laws of 2007, is amended to read as
follows:
1. Authority to transfer supervision. Where a probationer at the time
of sentencing resides in another jurisdiction within the state, the
sentencing court shall transfer supervision to the appropriate probation
department in such other jurisdiction. Where, after a probation sentence
is pronounced, a probationer desires to reside in another jurisdiction
within the state that is not served by the sentencing court, such court,
in its discretion, may approve a change in residency and, upon approval,
shall transfer supervision to the appropriate probation department serv-
ing the county of the probationer's proposed new residence. Any transfer
under this subdivision must be in accordance with rules adopted by the
[director] COMMISSIONER of the [state] division of [probation and
correctional alternatives] CRIMINAL JUSTICE SERVICES.
S 44. Subdivision 8 of section 420.10 of the criminal procedure law,
as amended by chapter 506 of the laws of 1985, paragraph (a) as sepa-
rately amended by chapters 134, 233 and 506 of the laws of 1985 and
paragraph (b) as separately amended by chapters 134 and 506 of the laws
of 1985, is amended to read as follows:
8. Designation of restitution agency. (a) The chief elected official
in each county, and in the city of New York the mayor, shall designate
an official or organization other than the district attorney to be
responsible for the collection and administration of restitution and
reparation payments under provisions of the penal law and this chapter[;
provided, however, that where the state division of probation and
correctional alternatives provides for and delivers probation services
pursuant to the provisions of section two hundred forty-seven of the
executive law the state division of probation and correctional alterna-
tives shall have the first option of designating such agency as the
restitution agency for such county]. This official or organization shall
be eligible for the designated surcharge provided for by subdivision
eight of section 60.27 of the penal law.
(b) The restitution agency, as designated by paragraph (a) of this
subdivision, shall be responsible for the collection of data on a month-
ly basis regarding the numbers of restitution and reparation orders
issued, the numbers of satisfied restitution and reparation orders and
information concerning the types of crimes for which such orders were
required. A probation department designated as the restitution agency
shall then forward such information to the [director of the state divi-
sion] OFFICE of probation and correctional alternatives within the first
ten days following the end of each month [who shall transmit such infor-
mation to the division of criminal justice services]. In all other cases
the restitution agency shall report to the division of criminal justice
services directly. The division of criminal justice services shall
compile and review all such information and make recommendations to
promote the use of restitution and encourage its enforcement.
S 45. Section 252-a of the family court act, as added by chapter 55 of
the laws of 1992, is amended to read as follows:
S 252-a. Fees. (a) Notwithstanding any other provision of law, every
county, including the city of New York, may adopt a local law authoriz-
S. 6606--A 21 A. 9706--A
ing its probation department which is ordered to conduct an investi-
gation pursuant to section six hundred fifty-three of this [chapter]
ACT, to be entitled to a fee of not less than fifty dollars and not more
than five hundred dollars from the parties in such proceeding for
performing such investigation. Such fee shall be based on the party's
ability to pay the fee and the schedule for payment shall be fixed by
the court issuing the order for investigation, pursuant to the guide-
lines issued by the [director of the division] OFFICE of probation and
correctional alternatives, and may in the discretion of the court be
waived when the parties lack sufficient means to pay the fee. The court
shall apportion the fee between the parties based upon the respective
financial circumstances of the parties and the equities of the case.
(b) Fees pursuant to this section shall be paid directly to the local
probation department to be retained and utilized for local probation
services, and shall not be considered by the [division] OFFICE of
probation AND CORRECTIONAL ALTERNATIVES when determining state aid
[reimbursement] pursuant to section two hundred forty-six of the execu-
tive law.
S 46. Subdivision 7 of section 351.1 of the family court act, as added
by chapter 418 of the laws of 1986, is amended to read as follows:
7. The probation services which prepare the investigation reports
shall be responsible for the collection and transmission to the [state
division] OFFICE of probation and correctional alternatives, of data on
the number of victim impact statements prepared, pursuant to regulations
of the division. [Such information shall be transmitted to the crime
victims board and included in the board's annual report pursuant to
subdivision twenty of section six hundred twenty-three of the executive
law.]
S 47. Subdivision 2 of section 385.1 of the family court act, as
amended by chapter 134 of the laws of 1985, is amended to read as
follows:
2. The [division] OFFICE of probation and correctional alternatives
shall include in its annual report to the legislature and the governor
information, by county, showing the total number of delinquency cases
adjusted prior to filing.
S 48. Intentionally omitted.
S 49. Intentionally omitted.
S 50. Section 177-e of the judiciary law is REPEALED.
S 51. Paragraph (g) of subdivision 1 of section 1193 of the vehicle
and traffic law, as added by chapter 496 of the laws of 2009, is amended
to read as follows:
(g) The [division] OFFICE of probation and correctional alternatives
shall [promulgate] RECOMMEND TO THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES regulations governing the monitoring of
compliance by persons ordered to install and maintain ignition interlock
devices to provide standards for monitoring by departments of probation,
and options for monitoring of compliance by such persons, that counties
may adopt as an alternative to monitoring by a department of probation.
S 51-a. Subdivisions 5 and 6 of section 257-c of the executive law, as
added by chapter 55 of the laws of 1992, are amended to read as follows:
5. Monies collected pursuant to this section shall be utilized for
probation services by the local probation department. Such moneys shall
not be considered by the division when determining state aid [reimburse-
ment] pursuant to section two hundred forty-six of the executive law.
Monies collected shall not be used to replace federal funds otherwise
utilized for probation services.
S. 6606--A 22 A. 9706--A
6. The [director] COMMISSIONER of the division shall submit a report,
with recommendations, to the governor, temporary president of the
senate, speaker of the assembly, to the chairpersons of the senate crime
and correction committee, and assembly correction committee, senate
codes committee and assembly codes committee on or before January first,
nineteen hundred ninety-three and January first, nineteen hundred nine-
ty-four as to the effectiveness of the probation administrative fee in
enhancing the delivery of probation services throughout the state. The
report shall include, but not be limited to, amounts of fees imposed and
collected, rates of payment for different categories of convictions and
types of offenders, and remedies utilized and costs incurred for
collection in cases of non-payment.
S 51-b. Section 385.2 of the family court act, as amended by chapter
134 of the laws of 1985, is amended to read as follows:
S 385.2. Consolidation of records within a city having a population of
one million or more. Notwithstanding any other provision of law, in a
city having a population of one million or more, an index of the records
of the local probation departments located in the counties comprising
such city for proceedings under article three shall be consolidated and
filed in a central office for use by the family court and local
probation service in each such county. After consultation with the state
administrative judge, THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES IN CONSULTATION WITH the [state] director of THE OFFICE
OF probation and correctional alternatives shall specify the information
to be contained in such index and the organization of such consolidated
file.
S 51-c. Section 783-a of the family court act, as amended by chapter
134 of the laws of 1985, is amended to read as follows:
S 783-a. Consolidation of records within a city having a population of
one million or more. Notwithstanding any other provision of law, in a
city having a population of one million or more, an index of the records
of the local probation departments located in the counties comprising
such city for proceedings under article seven shall be consolidated and
filed in a central office for use by the family court and local
probation service in each such county. After consultation with the state
administrative judge, THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES, IN CONSULTATION WITH the [state] director of THE
OFFICE OF probation and correctional alternatives shall specify the
information to be contained in such index and the organization of such
consolidated file.
S 51-d. Paragraph (b) of subdivision 4 of section 34-a of the social
services law, as added by section 18 of part E of chapter 57 of the laws
of 2005, is amended to read as follows:
(b) The commissioner of the office of children and family services
shall review and approve or disapprove the diversion services portion of
the plan jointly with the director of THE OFFICE OF probation and
correctional alternatives or any other successor agency or entity. The
requirements for the portion of the plan and report regarding the
provision of diversion services shall be jointly established by the
commissioner of the office of children and family services and the
director of THE OFFICE OF probation and correctional alternatives or any
other successor agency or entity. The multi-year services plan and
where appropriate the annual implementation reports shall be based upon
a written understanding between the local social services district and
the probation department which outlines the cooperative procedures to be
followed by both parties regarding diversion services pursuant to
S. 6606--A 23 A. 9706--A
section seven hundred thirty-five of the family court act, consistent
with their respective obligations as otherwise required by law.
S 51-e. Subdivision 1 of section 483 of the social services law, as
added by section 2 of part F2 of chapter 62 of the laws of 2003, is
amended to read as follows:
1. There shall be a council on children and families established with-
in the office of children and family services consisting of the follow-
ing members: the state commissioner of children and family services, the
commissioner of temporary and disability assistance, the commissioner of
mental health, the commissioner of mental retardation and developmental
disabilities, the commissioner of the office of alcoholism and substance
abuse services, the commissioner of education, the [state] director of
THE OFFICE OF probation and correctional alternatives, the commissioner
of health, the commissioner of the division of criminal justice
services, the state advocate for persons with disabilities, the director
of the office for the aging, the commissioner of labor, and the chair of
the commission on quality of care for the mentally disabled. The gover-
nor shall designate the chair of the council and the chief executive
officer (CEO).
S 51-f. Subparagraph (i) of paragraph (a) of subdivision 3 of section
483-c of the social services law, as added by section 2 of part F2 of
chapter 62 of the laws of 2003, is amended to read as follows:
(i) State tier III team. There is hereby established a state team
designated as the "tier III team", which shall consist of the chair of
the council, the commissioners of children and family services, mental
health, health, education, alcohol and substance abuse services, and
mental retardation and developmental disabilities, and the director of
THE OFFICE OF probation and correctional alternatives, or their desig-
nated representatives, and representatives of families of children with
emotional and/or behavioral disorders. Other representatives may be
added at the discretion of such team.
S 51-g. Subdivision 3 of section 702 of the correction law, as amended
by chapter 134 of the laws of 1985, is amended to read as follows:
3. Where a certificate of relief from disabilities is not issued at
the time sentence is pronounced it shall only be issued thereafter upon
verified application to the court. The court may, for the purpose of
determining whether such certificate shall be issued, request its
probation service to conduct an investigation of the applicant, or if
the court has no probation service it may request the probation service
of the county court for the county in which the court is located to
conduct such investigation[, or if there be no such probation service
the court may request the state director of probation and correctional
alternatives to arrange for such investigation]. Any probation officer
requested to make an investigation pursuant to this section shall
prepare and submit to the court a written report in accordance with such
request.
S 51-h. Subdivision 4 of section 995-c of the executive law, as added
by chapter 737 of the laws of 1994, is amended to read as follows:
4. The commissioner of the division of criminal justice services, in
consultation with the commission, the commissioner of health, the [divi-
sions] DIVISION of parole [and], THE DIRECTOR OF THE OFFICE of probation
and correctional alternatives and the department of correctional
services, shall promulgate rules and regulations governing the proce-
dures for notifying designated offenders of the requirements of this
section.
S. 6606--A 24 A. 9706--A
S 52. Section 575 of the executive law, as added by chapter 463 of
the laws of 1992, paragraph (e) of subdivision 3 as amended and subdivi-
sion 9 as added by chapter 368 of the laws of 1997, paragraph (b) of
subdivision 4 as amended by chapter 255 of the laws of 2008, paragraphs
(c), (d) and (e) of subdivision 4 as amended and subdivisions 7 and 8 as
added by chapter 396 of the laws of 1994, and subdivision 10 as added by
chapter 297 of the laws of 1998, is amended to read as follows:
S 575. [New York state office] OFFICE for the prevention of domestic
violence. 1. Establishment of office. There is hereby established with-
in the [executive department the "New York state] DIVISION OF CRIMINAL
JUSTICE SERVICES THE office for the prevention of domestic violence["],
hereinafter in this section referred to as the "office".
1-A. THE OFFICE SHALL BE HEADED BY A DIRECTOR, WHO SHALL BE APPOINTED
BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE
DIRECTOR SHALL SERVE AS A SPECIAL ADVISOR TO THE GOVERNOR REGARDING
MATTERS PERTAINING TO THE PREVENTION OF AND RESPONSE TO DOMESTIC
VIOLENCE, AND SHALL, IN CONSULTATION WITH THE COMMISSIONER, COORDINATE
AND RECOMMEND POLICY RELATING TO THE PREVENTION OF DOMESTIC VIOLENCE
THROUGHOUT THE STATE. THE COMMISSIONER, IN CONSULTATION WITH THE DIREC-
TOR, SHALL ALSO APPOINT STAFF AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE
THE EFFICIENT OPERATION OF THE OFFICE WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR BY APPROPRIATION.
2. Duties and responsibilities. The office shall advise the governor
and the legislature on the most effective ways for state government to
respond to the problem of domestic violence. In fulfilling this respon-
sibility, the office shall consult with experts, service providers and
representative organizations in the field of domestic violence and shall
act as an advocate for domestic violence victims and programs.
3. Activities. In addition, the office shall develop and implement
policies and programs designed to assist victims of domestic violence
and their families, and to provide education and prevention, training
and technical assistance. Such domestic violence-related activities
shall include, but not be limited to:
(a) Serving as a clearinghouse for information and materials;
(b) Developing and coordinating community outreach and public educa-
tion throughout the state;
(c) Developing and delivering training to professionals, including but
not limited to professionals in the fields of:
(i) domestic violence;
(ii) health and mental health;
(iii) social and human services;
(iv) public education;
(v) law enforcement and criminal justice;
(vi) alcohol and substance abuse.
(d) Developing and promoting school-based prevention programs;
(e) Providing technical assistance to state and local government
bodies and other agencies and to private not-for-profit corporations, on
effective policies and responses to domestic violence, including devel-
opment of a model domestic violence policies[, pursuant to subdivisions
seven, eight and nine of this section];
(f) Promoting and facilitating interagency cooperation among state
agencies and intergovernmental cooperation between different levels of
government in the state in the delivery and/or funding of services;
(g) Operating as an advocate for domestic violence services and
victims;
S. 6606--A 25 A. 9706--A
(h) Undertaking program and services needs assessments on its own
initiative or at the request of the governor, the legislature or service
providers;
(i) Examining the relationship between domestic violence and other
problems and making recommendations for effective policy response;
(j) Collecting data, conducting research, and holding public hearings;
(k) Making periodic reports to the governor and the legislature recom-
mending policy and program directions and reviewing the activities of
the office;
(l) Any other activities including the making of and promulgation of
rules and regulations deemed necessary to facilitate the prevention of
domestic violence within the scope and purview of this article which are
not otherwise inconsistent with any other provisions of law.
4. Advisory council. (a) An advisory council is hereby established to
make recommendations on domestic violence related issues and effective
strategies for the prevention of domestic violence, to assist in the
development of appropriate policies and priorities for effective inter-
vention, public education and advocacy, and to facilitate and assure
communication and coordination of efforts among state agencies and
between different levels of government, state, federal, and municipal,
for the prevention of domestic violence.
(b) The advisory council shall consist of nine members and fourteen
ex-officio members. Each member shall be appointed to serve for a term
of three years and shall continue in office until a successor appointed
member is made. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member he or she is to succeed. All of the
members shall be individuals with expertise in the area of domestic
violence. Three members shall be appointed by the governor, two members
shall be appointed upon the recommendation of the temporary president of
the senate, two members shall be appointed upon the recommendation of
the speaker of the assembly, one member shall be appointed upon the
recommendation of the minority leader of the senate, and one member
shall be appointed upon the recommendation of the minority leader of the
assembly. The ex-officio members of the advisory board shall consist of
[one representative from the staff of each of the following state
departments and divisions] THE DIRECTOR OF THE OFFICE, WHO SHALL CHAIR
THE COUNCIL, AND THE FOLLOWING MEMBERS OR THEIR DESIGNEES: THE COMMIS-
SIONER OF THE office of temporary and disability services; THE COMMIS-
SIONER OF THE department of health; THE COMMISSIONER OF THE education
department; THE COMMISSIONER OF THE office of mental health; [division]
THE COMMISSIONER OF THE OFFICE of alcoholism and [alcohol] SUBSTANCE
abuse SERVICES; [division of criminal justice services; division] THE
DIRECTOR OF THE OFFICE of probation and correctional alternatives; THE
COMMISSIONER OF THE office of children and family services; [crime
victims board] THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES; THE CHIEF
ADMINISTRATIVE JUDGE OF THE office of court administration; THE COMMIS-
SIONER OF THE department of labor; THE DIRECTOR OF THE state office for
the aging; THE COMMISSIONER OF THE department of correctional services;
and THE CHAIR OF the division of parole.
(c) [The governor shall appoint a member as chair of the advisory
council to serve at the pleasure of the governor.
(d)] The advisory council shall meet as often as deemed necessary by
the chair [or executive director] but in no event less than two times
per year.
[(e)] (D) The members of the advisory council shall receive no salary
or other compensation for their services but shall be entitled to
S. 6606--A 26 A. 9706--A
reimbursement for actual and necessary expenses incurred in the perform-
ance of their duties within amounts made available by appropriation
therefor subject to the approval of the director of the budget. The
ex-officio members of the advisory council shall receive no additional
compensation for their services on the advisory council above the salary
they receive from the respective departments or divisions that employ
them.
5. [Executive director. (a) The governor shall appoint an executive
director of the office who shall serve at the pleasure of the governor.
(b) The executive director shall receive an annual salary fixed by the
governor within the amounts appropriated specifically therefor and shall
be entitled to reimbursement for reasonable expenses incurred in
connection with the performance of the director's duties.
(c) The executive director shall appoint staff and perform such other
functions to ensure the efficient operation of the office.
6.] Assistance of other agencies. The office may request and shall
receive in a timely manner from any department, division, board, bureau,
commission or agency of the state, such information and assistance as
shall enable it to properly carry out its powers and duties pursuant to
this article.
[7. Model domestic violence policy for counties. (a) The office shall
convene a task force of county level municipal officials, municipal
police and members of the judiciary, or their representatives, and
directors of domestic violence programs, including representatives from
a statewide advocacy organization for the prevention of domestic
violence, to develop a model domestic violence policy for counties. For
the purposes of this subdivision, "county" shall have the same meaning
as such term is defined in section three of the county law, except that
the city of New York shall be deemed to be one county. The office shall
give due consideration to the recommendations of the governor, the
temporary president of the senate and the speaker of the assembly for
participation by any person on the task force, and shall make reasonable
efforts to assure regional balance in membership.
(b) The purpose of the model policy shall be to provide consistency
and coordination by and between county agencies and departments, includ-
ing criminal justice agencies and the judiciary, and, as appropriate, by
municipalities or other jurisdictions within the county and other
governmental agencies and departments, by assuring that best practices,
policies, protocols and procedures are used to address the issue of
domestic violence, and to secure the safety of the victim including, but
not limited to:
(i) response, investigation and arrest policies by police agencies;
(ii) response by other criminal justice agencies, including disposi-
tion of domestic violence complaints, the provision of information and
orders of protection;
(iii) response by human services and health agencies, including iden-
tification, assessment, intervention and referral policies and responses
to victims and the perpetrators of domestic violence;
(iv) training and appropriate and relevant measures for periodic eval-
uation of community efforts; and
(v) other issues as shall be appropriate and relevant for the task
force to develop such policy.
(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
S. 6606--A 27 A. 9706--A
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than two years
after the effective date of this subdivision. Notification of the avail-
ability of such model domestic violence policy shall be made by the
office to every county in the state, and copies of the policy shall be
made available to them upon request.
(d) The office in consultation with the task force, providers of
service, the advisory council and others, including representatives of a
statewide advocacy organization for the prevention domestic violence,
shall provide technical support, information and encouragement to coun-
ties to implement the provisions of the model policy on domestic
violence.
(e) Nothing contained in this subdivision shall be deemed to prevent
the governing body of a county from designating a local advisory commit-
tee to investigate the issues, work with providers of domestic violence
programs and other interested parties, and to aid in the implementation
of the policy required by this subdivision. Such governing body or advi-
sory committee may request and shall receive technical assistance from
the office for the development of such a policy. Implementation of the
model domestic violence policy may take place in a form considered
appropriate by the governing body of a county, including guidelines,
regulations and local laws.
(f) The office shall survey county governments within four years of
the effective date of this subdivision to determine the level of compli-
ance with the model domestic violence policy, and shall take such steps
as shall be necessary to aid county governments in the implementation of
such policy.
8. State domestic violence policy. (a) The office shall survey every
state agency to determine any activities, programs, rules, regulations,
guidelines or statutory requirements that have a direct or indirect
bearing on the state's efforts and abilities to address the issue of
domestic violence including, but not limited to, the provision of
services to victims and their families. Within two years of the effec-
tive date of this subdivision, the office shall compile such information
and provide a report, with appropriate comments and recommendations, to
the governor and the legislature. For the purposes of this subdivision,
"state agency" shall have the same meaning as such term is defined in
section two-a of the state finance law.
(b) Within three years of the effective date of this subdivision the
office shall recommend a state domestic violence policy consistent with
statute and best practice, policies, procedures and protocols to the
governor and the legislature. The purpose of such model policy shall be
to provide consistency and coordination by and between state agencies
and departments to address the issue of domestic violence. In developing
such model policy, the office shall consult with a statewide advocacy
organization for the prevention of domestic violence, and shall assure
that the advisory council reviews all data and recommendations and shall
not submit such model policy until approved by the advisory council.
Such recommendations shall be provided exclusive of any study or report
the office is required to undertake pursuant to a chapter of the laws of
nineteen hundred ninety-four, entitled "the family protection and domes-
tic violence intervention act of 1994".
(c)] 6. No state agency shall promulgate a rule pursuant to the state
administrative procedure act, or adopt a guideline or other procedure,
S. 6606--A 28 A. 9706--A
including a request for proposals, directly or indirectly affecting the
provision of services to victims of domestic violence, or the provision
of services by residential or non-residential domestic violence
programs, as such terms are defined in section four hundred fifty-nine-a
of the social services law, or establish a grant program directly or
indirectly affecting such victims of domestic violence or providers of
service, without first consulting the office, which shall provide all
comments in response to such rules, guidelines or procedures in writing
directly to the chief executive officer of such agency, to the adminis-
trative regulations review committee and to the appropriate committees
of the legislature having jurisdiction of the subject matter addressed
within two weeks of receipt thereof, provided that failure of the office
to respond as required herein shall not otherwise impair the ability of
such state agency to promulgate a rule. This paragraph shall not apply
to an appropriation which finances a contract with a not-for-profit
organization which has been identified for a state agency without the
use of a request for proposals.
[9. Model domestic violence employee awareness and assistance policy.
(a) The office shall convene a task force including members of the busi-
ness community, employees, employee organizations, representatives from
the department of labor and the empire state development corporation,
and directors of domestic violence programs, including representatives
of statewide advocacy organizations for the prevention of domestic
violence, to develop a model domestic violence employee awareness and
assistance policy for businesses.
The office shall give due consideration to the recommendations of the
governor, the temporary president of the senate, and the speaker of the
assembly for participation by any person on the task force, and shall
make reasonable efforts to assure regional balance in membership.
(b) The purpose of the model employee awareness and assistance policy
shall be to provide businesses with the best practices, policies, proto-
cols and procedures in order that they ascertain domestic violence
awareness in the workplace, assist affected employees, and provide a
safe and helpful working environment for employees currently or poten-
tially experiencing the effects of domestic violence. The model plan
shall include but not be limited to:
(i) the establishment of a definite corporate policy statement recog-
nizing domestic violence as a workplace issue as well as promoting the
need to maintain job security for those employees currently involved in
domestic violence disputes;
(ii) policy and service publication requirements, including posting
said policies and service availability pamphlets in break rooms, on
bulletin boards, restrooms and other communication methods;
(iii) a listing of current domestic violence community resources such
as shelters, crisis intervention programs, counseling and case manage-
ment programs, legal assistance and advocacy opportunities for affected
employees;
(iv) measures to ensure workplace safety including, where appropriate,
designated parking areas, escort services and other affirmative safe-
guards;
(v) training programs and protocols designed to educate employees and
managers in how to recognize, approach and assist employees experiencing
domestic violence, including both victims and batterers; and
(vi) other issues as shall be appropriate and relevant for the task
force in developing such model policy.
S. 6606--A 29 A. 9706--A
(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than one year
after the effective date of this subdivision. The office shall make
every effort to notify businesses of the availability of such model
domestic violence employee awareness and assistance policy.
(d) The office in consultation with the task force, providers of
services, the advisory council, the department of labor, the empire
state development corporation, and representatives of statewide advocacy
organizations for the prevention of domestic violence, shall provide
technical support, information, and encouragement to businesses to
implement the provisions of the model domestic violence employee aware-
ness and assistance policy.
(e) Nothing contained in this subdivision shall be deemed to prevent
businesses from adopting their own domestic violence employee awareness
and assistance policy.
(f) The office shall survey businesses within four years of the effec-
tive date of this section to determine the level of model policy
adoption amongst businesses and shall take steps necessary to promote
the further adoption of such policy.
10. New York state address confidentiality program. The office shall
study and issue a report to the governor and the legislature on the
advisability and feasibility of creating an address confidentiality
program in New York state to allow victims of domestic violence who have
left abusive relationships to keep new addresses confidential. The study
shall include, but not be limited to, an analysis of the various types
of public records involved in domestic violence cases in order to deter-
mine the appropriateness of such records for such program, the potential
effects of an address confidentiality program on the record-keeping
practices of state and local agencies, issues concerning inter-agency
cooperation, enforcement and procedure, the impact on the court system
and any fiscal ramifications. The office shall consult with experts,
service providers and representative organizations in the field of
domestic violence, other states which have created similar programs, the
division of criminal justice services and the department of state. The
office shall complete such study and report within one year of the
effective date of this subdivision.]
S 53. Section 576 of the executive law is REPEALED.
S 54. The article heading of article 21 of the executive law, as added
by chapter 463 of the laws of 1992, is amended to read as follows:
[NEW YORK STATE] OFFICE FOR
THE PREVENTION OF DOMESTIC VIOLENCE
S 55. Transfer of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the office for the prevention of domestic violence to the division
of criminal justice services pursuant to subdivision 8 of section 836 of
the executive law, as added by section three of this act, all employees
of the office for the prevention of domestic violence shall be trans-
ferred to the division of criminal justice services. Employees trans-
ferred pursuant to this section shall be transferred without further
examination or qualification and shall retain their respective civil
S. 6606--A 30 A. 9706--A
service classifications, status and collective bargaining unit desig-
nations and collective bargaining agreements.
S 56. Transfer of records. All books, papers, and property of the
office for the prevention of domestic violence shall be delivered to the
commissioner of the division of criminal justice services. All books,
papers, and property of the office for the prevention of domestic
violence shall continue to be maintained by the division of criminal
justice services.
S 57. Continuity of authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the division of
criminal justice services shall be deemed and held to constitute the
continuation of the office for the prevention of domestic violence.
S 58. Completion of unfinished business. Any business or other matter
undertaken or commenced by the office for the prevention of domestic
violence or the director thereof pertaining to or connected with the
functions, powers, obligations and duties hereby transferred and
assigned to the division of criminal justice services and pending on the
effective date of this act, may be conducted and completed by the divi-
sion of criminal justice services in the same manner and under the same
terms and conditions and with the same effect as if conducted and
completed by the office for the prevention of domestic violence.
S 59. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the office for the
prevention of domestic violence pertaining to the functions and powers
herein transferred and assigned, in force at the time of such transfer
and assumption, shall continue in full force and effect as rules, regu-
lations, acts, orders, determinations and decisions of the division of
criminal justice services until duly modified or abrogated by the
commissioner of the division of criminal justice services.
S 60. Terms occurring in laws, contracts and other documents. Whenever
the office for the prevention of domestic violence or the director ther-
eof, is referred to or designated in any law, contract or document
pertaining to the functions, powers, obligations and duties hereby
transferred to and assigned to the division of criminal justice services
or the commissioner of the division of criminal justice services, such
reference or designation shall be deemed to refer to the division of
criminal justice services or commissioner of the division of criminal
justice services, as applicable.
S 61. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by any
provisions of this act.
S 62. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or against the
office for the prevention of domestic violence or the director thereof,
shall be affected by any provision of this act, but the same may be
prosecuted or defended in the name of the commissioner of the division
of criminal justice services or the division of criminal justice
services. In all such actions and proceedings, the commissioner of the
division of criminal justice services, upon application of the court,
shall be substituted as a party.
S 63. Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the office for the prevention of
domestic violence to the extent of remaining unexpended or unencumbered
balance thereof, whether allocated or unallocated and whether obligated
or unobligated, are hereby transferred to and made available for use and
S. 6606--A 31 A. 9706--A
expenditure by the division of criminal justice services subject to the
approval of the director of the budget for the same purposes for which
originally appropriated or reappropriated and shall be payable on vouch-
ers certified or approved by the commissioner of the division of crimi-
nal justice services on audit and warrant of the comptroller.
S 64. Transfer of assets and liabilities. All assets and liabilities
of the office for the prevention of domestic violence are hereby trans-
ferred to and assumed by the division of criminal justice services.
S 65. The opening paragraph and subdivision (a) of section 214-b of
the executive law, as added by chapter 222 of the laws of 1994, is
amended to read as follows:
The superintendent shall, for all members of the state police includ-
ing new and veteran officers, develop, maintain and disseminate, in
consultation with the [state] office for the prevention of domestic
violence, written policies and procedures consistent with article eight
of the family court act and applicable provisions of the criminal proce-
dure LAW and THE domestic relations [laws] LAW, regarding the investi-
gation of and intervention in incidents of family offenses. Such poli-
cies and procedures shall make provision for education and training in
the interpretation and enforcement of New York's family offense laws,
including but not limited to:
(a) intake and recording of victim statements, on a standardized
"domestic violence incident report form" promulgated by the state divi-
sion of criminal justice services in consultation with the superinten-
dent and with the [state] DIRECTOR OF THE office for the prevention of
domestic violence, and the investigation thereof so as to ascertain
whether a crime has been committed against the victim by a member of the
victim's family or household as such terms are defined in section eight
hundred twelve of the family court act and section 530.11 of the crimi-
nal procedure law;
S 66. The opening paragraph of subdivision 15 of section 837 of the
executive law, as amended by chapter 626 of the laws of 1997, is amended
to read as follows:
Promulgate, in consultation with the superintendent of state police
and the [state] DIRECTOR OF THE office for the prevention of domestic
violence, a standardized "domestic violence incident report form" for
use by state and local law enforcement agencies in the reporting,
recording and investigation of all alleged incidents of domestic
violence, regardless of whether an arrest is made as a result of such
investigation. Such form shall be prepared in multiple parts, one of
which shall be immediately provided to the victim, and shall include
designated spaces for: the recordation of the results of the investi-
gation by the law enforcement agency and the basis for any action taken;
the recordation of a victim's allegations of domestic violence; the age
and gender of the victim and the alleged offender or offenders; and
immediately thereunder a space on which the victim may sign and verify
such victim's allegations. Such form shall also include, but not be
limited to spaces to identify:
S 67. Intentionally omitted.
S 68. Section 10-a of the labor law, as added by chapter 527 of the
laws of 1995, is amended to read as follows:
S 10-a. Domestic violence policy. The commissioner shall study the
issue of employees separated from employment due to acts of domestic
violence as referred to in and qualified by section four hundred fifty-
nine-a of the social services law. The commissioner shall consult with
the [New York state] office for the prevention of domestic violence and
S. 6606--A 32 A. 9706--A
its advisory council, the department of social services[, the division
of women] and members of the public in preparing such study. Such study
shall include a review of case histories in which unemployment compen-
sation was sought and an analysis of the policies in other states. A
copy of such study shall be transmitted to the temporary president of
the senate and the speaker of the assembly on or before January
fifteenth, nineteen hundred ninety-six and shall contain policy recom-
mendations.
S 69. Section 10-b of the labor law, as added by chapter 368 of the
laws of 1997, is amended to read as follows:
S 10-b. Domestic violence employee awareness and assistance. The
commissioner shall assist the office for the prevention of domestic
violence in the creation, approval and dissemination of the model domes-
tic violence employee awareness and assistance policy [as further
defined in subdivision nine of section five hundred seventy-five of the
executive law]. Upon completion and approval of the model [plan as
outlined in subdivision nine of section five hundred seventy-five of the
executive law,] POLICY, the commissioner shall assist in the promotion
of the model policy to businesses in New York state.
S 70. Intentionally omitted.
S 71. The opening paragraph of subdivision 2 of section 2803-p of the
public health law, as added by chapter 271 of the laws of 1997, is
amended to read as follows:
Every hospital having maternity and newborn services shall provide
information concerning family violence to parents of newborn infants at
any time prior to the discharge of the mother. Such information shall
also be provided by every diagnostic and treatment center offering
prenatal care services to women upon an initial prenatal care visit.
The commissioner shall, in consultation with the [state] office for the
prevention of domestic violence and the department of social services,
prepare, produce and transmit such notice to such facilities in quanti-
ties sufficient to comply with the requirements of this section. Such
notice shall contain information which shall include but not be limited
to the effects of family violence and the services available to women
and children experiencing family violence.
S 72. Intentionally omitted.
S 73. Subdivision 1 of section 111-v of the social services law, as
added by chapter 398 of the laws of 1997, is amended to read as follows:
1. The department, in consultation with appropriate agencies including
but not limited to the [New York state] office for the prevention of
domestic violence, shall by regulation prescribe and implement safe-
guards on the confidentiality, integrity, accuracy, access, and the use
of all confidential information and other data handled or maintained,
including data obtained pursuant to section one hundred eleven-o of this
article and including such information and data maintained in the auto-
mated child support enforcement system. Such information and data shall
be maintained in a confidential manner designed to protect the privacy
rights of the parties and shall not be disclosed except for the purpose
of, and to the extent necessary to, establish paternity, or establish,
modify or enforce an order of support.
S 74. Intentionally omitted.
S 75. Intentionally omitted.
S 76. Subdivision (a) of section 483-ee of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
(a) There is established an interagency task force on trafficking in
persons, which shall consist of the following members or their desig-
S. 6606--A 33 A. 9706--A
nees: (1) the commissioner of the division of criminal justice services;
(2) the commissioner of the office of temporary and disability assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the office of children and family services; (7) the commissioner of the
office of alcoholism and substance abuse services; (8) the [chairperson]
DIRECTOR of the [crime victims board] OFFICE OF VICTIM SERVICES; (9) the
[executive] director of the office for the prevention of domestic
violence; and (10) the superintendent of the division of state police;
and others as may be necessary to carry out the duties and responsibil-
ities under this section. The task force will be co-chaired by the
commissioners of the division of criminal justice services and the
office of temporary and disability assistance, or their designees. It
shall meet as often as is necessary and under circumstances as are
appropriate to fulfilling its duties under this section.
S 77. Intentionally omitted.
S 78. Subdivision 6 of section 530.11 of the criminal procedure law,
as amended by chapter 224 of the laws of 1994, is amended to read as
follows:
6. Notice. Every police officer, peace officer or district attorney
investigating a family offense under this article shall advise the
victim of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the legal
rights and remedies available to a victim of a family offense under the
relevant provisions of the criminal procedure law, the family court act
and the domestic relations law. Such notice shall be prepared in Spanish
and English and if necessary, shall be delivered orally, and shall
include but not be limited to the following statement:
"If you are the victim of domestic violence, you may request that the
officer assist in providing for your safety and that of your children,
including providing information on how to obtain a temporary order of
protection. You may also request that the officer assist you in obtain-
ing your essential personal effects and locating and taking you, or
assist in making arrangements to take you, and your children to a safe
place within such officer's jurisdiction, including but not limited to a
domestic violence program, a family member's or a friend's residence, or
a similar place of safety. When the officer's jurisdiction is more than
a single county, you may ask the officer to take you or make arrange-
ments to take you and your children to a place of safety in the county
where the incident occurred. If you or your children are in need of
medical treatment, you have the right to request that the officer assist
you in obtaining such medical treatment. You may request a copy of any
incident reports at no cost from the law enforcement agency. You have
the right to seek legal counsel of your own choosing and if you proceed
in family court and if it is determined that you cannot afford an attor-
ney, one must be appointed to represent you without cost to you.
You may ask the district attorney or a law enforcement officer to file
a criminal complaint. You also have the right to file a petition in the
family court when a family offense has been committed against you. You
have the right to have your petition and request for an order of
protection filed on the same day you appear in court, and such request
must be heard that same day or the next day court is in session. Either
court may issue an order of protection from conduct constituting a fami-
ly offense which could include, among other provisions, an order for the
respondent or defendant to stay away from you and your children. The
family court may also order the payment of temporary child support and
S. 6606--A 34 A. 9706--A
award temporary custody of your children. If the family court is not in
session, you may seek immediate assistance from the criminal court in
obtaining an order of protection.
The forms you need to obtain an order of protection are available from
the family court and the local criminal court (the addresses and tele-
phone numbers shall be listed). The resources available in this communi-
ty for information relating to domestic violence, treatment of injuries,
and places of safety and shelters can be accessed by calling the follow-
ing 800 numbers (the statewide English and Spanish language 800 numbers
shall be listed and space shall be provided for local domestic violence
hotline telephone numbers).
Filing a criminal complaint or a family court petition containing
allegations that are knowingly false is a crime."
The division of criminal justice services in consultation with the
[state] DIRECTOR OF THE office for the prevention of domestic violence
shall prepare the form of such written notice consistent with provisions
of this section and distribute copies thereof to the appropriate law
enforcement officials pursuant to subdivision nine of section eight
hundred forty-one of the executive law.
Additionally, copies of such notice shall be provided to the chief
administrator of the courts to be distributed to victims of family
offenses through the criminal court at such time as such persons first
come before the court and to the state department of health for distrib-
ution to all hospitals defined under article twenty-eight of the public
health law. No cause of action for damages shall arise in favor of any
person by reason of any failure to comply with the provisions of this
subdivision except upon a showing of gross negligence or willful miscon-
duct.
S 79. Paragraph 2 of subdivision (a) of section 249-b of the family
court act, as added by chapter 476 of the laws of 2009, is amended to
read as follows:
2. provide for the development of training programs with the input of
and in consultation with the [state] office for the prevention of domes-
tic violence. Such training programs must include the dynamics of
domestic violence and its effect on victims and on children, and the
relationship between such dynamics and the issues considered by the
court, including, but not limited to, custody, visitation and child
support. Such training programs along with the providers of such train-
ing must be approved by the office of court administration following
consultation with and input from the [state] office for the prevention
of domestic violence; and
S 80. Subdivision 5 of section 812 of the family court act, as amended
by chapter 224 of the laws of 1994, is amended to read as follows:
5. Notice. Every police officer, peace officer or district attorney
investigating a family offense under this article shall advise the
victim of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the legal
rights and remedies available to a victim of a family offense under the
relevant provisions of the criminal procedure law, the family court act
and the domestic relations law. Such notice shall be available in
English and Spanish and, if necessary, shall be delivered orally and
shall include but not be limited to the following statement:
"If you are the victim of domestic violence, you may request that the
officer assist in providing for your safety and that of your children,
including providing information on how to obtain a temporary order of
protection. You may also request that the officer assist you in obtain-
S. 6606--A 35 A. 9706--A
ing your essential personal effects and locating and taking you, or
assist in making arrangement to take you, and your children to a safe
place within such officer's jurisdiction, including but not limited to a
domestic violence program, a family member's or a friend's residence, or
a similar place of safety. When the officer's jurisdiction is more than
a single county, you may ask the officer to take you or make arrange-
ments to take you and your children to a place of safety in the county
where the incident occurred. If you or your children are in need of
medical treatment, you have the right to request that the officer assist
you in obtaining such medical treatment. You may request a copy of any
incident reports at no cost from the law enforcement agency. You have
the right to seek legal counsel of your own choosing and if you proceed
in family court and if it is determined that you cannot afford an attor-
ney, one must be appointed to represent you without cost to you.
You may ask the district attorney or a law enforcement officer to file
a criminal complaint. You also have the right to file a petition in the
family court when a family offense has been committed against you. You
have the right to have your petition and request for an order of
protection filed on the same day you appear in court, and such request
must be heard that same day or the next day court is in session. Either
court may issue an order of protection from conduct constituting a fami-
ly offense which could include, among other provisions, an order for the
respondent or defendant to stay away from you and your children. The
family court may also order the payment of temporary child support and
award temporary custody of your children. If the family court is not in
session, you may seek immediate assistance from the criminal court in
obtaining an order of protection.
The forms you need to obtain an order of protection are available from
the family court and the local criminal court (the addresses and tele-
phone numbers shall be listed). The resources available in this communi-
ty for information relating to domestic violence, treatment of injuries,
and places of safety and shelters can be accessed by calling the follow-
ing 800 numbers (the statewide English and Spanish language 800 numbers
shall be listed and space shall be provided for local domestic violence
hotline telephone numbers).
Filing a criminal complaint or a family court petition containing
allegations that are knowingly false is a crime."
The division of criminal justice services in consultation with the
[state] office for the prevention of domestic violence shall prepare the
form of such written notice consistent with the provisions of this
section and distribute copies thereof to the appropriate law enforcement
officials pursuant to subdivision nine of section eight hundred forty-
one of the executive law. Additionally, copies of such notice shall be
provided to the chief administrator of the courts to be distributed to
victims of family offenses through the family court at such time as such
persons first come before the court and to the state department of
health for distribution to all hospitals defined under article twenty-
eight of the public health law. No cause of action for damages shall
arise in favor of any person by reason of any failure to comply with the
provisions of this subdivision except upon a showing of gross negligence
or willful misconduct.
S 81. Paragraph (f) of subdivision 3 of section 840 of the executive
law, as amended by section 5 of part Q of chapter 56 of the laws of
2009, is amended to read as follows:
(f) Develop, maintain and disseminate, in consultation with the
[state] office for the prevention of domestic violence, written policies
S. 6606--A 36 A. 9706--A
and procedures consistent with article eight of the family court act and
applicable provisions of the criminal procedure and domestic relations
laws, regarding the investigation of and intervention by new and veteran
police officers in incidents of family offenses. Such policies and
procedures shall make provisions for education and training in the
interpretation and enforcement of New York's family offense laws,
including but not limited to:
(1) intake and recording of victim statements, on a standardized
"domestic violence incident report form" promulgated by the division of
criminal justice services in consultation with the superintendent of
state police, representatives of local police forces and the [state]
office for the prevention of domestic violence, and the investigation
thereof so as to ascertain whether a crime has been committed against
the victim by a member of the victim's family or household as such terms
are defined in section eight hundred twelve of the family court act and
section 530.11 of the criminal procedure law; and
(2) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, including but not limited to immediately
providing the victim with the written notice required in subdivision six
of section 530.11 of the criminal procedure law and subdivision five of
section eight hundred twelve of the family court act;
S 82. Subdivision 1 of section 621 of the executive law, as amended
by chapter 17 of the laws of 1982, is amended and three new subdivisions
1-a, 1-b and 1-c are added to read as follows:
1. "Board" shall mean the crime victims COMPENSATION APPEALS board.
1-A. "OFFICE" SHALL MEAN THE OFFICE OF VICTIM SERVICES.
1-B. "DIVISION" SHALL MEAN THE DIVISION OF CRIMINAL JUSTICE SERVICES.
1-C. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
S 83. Section 622 of the executive law is REPEALED and a new section
622 is added to read as follows:
S 622. OFFICE OF VICTIM SERVICES. THERE IS HEREBY CREATED IN THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES THE OFFICE OF VICTIM SERVICES, HEREIN-
AFTER IN THIS ARTICLE REFERRED TO AS THE "OFFICE". THE OFFICE SHALL BE
HEADED BY A DIRECTOR, WHO SHALL BE APPOINTED BY THE COMMISSIONER FOR A
TERM OF THREE YEARS. THE DIRECTOR SHALL, IN CONSULTATION WITH THE
COMMISSIONER, COORDINATE AND RECOMMEND POLICY RELATING TO THE PROVISION
OF SERVICES TO CRIME VICTIMS. THE COMMISSIONER, IN CONSULTATION WITH THE
DIRECTOR, SHALL APPOINT STAFF AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE
THE EFFICIENT OPERATION OF THE OFFICE WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR BY APPROPRIATION.
S 84. Section 623 of the executive law, as added by chapter 894 of
the laws of 1966, subdivisions 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19,
20 and 21 as added by chapter 688 of the laws of 1985, subdivision 18 as
amended by chapter 74 of the laws of 1986, paragraph (a) of subdivision
20 as amended by chapter 418 of the laws of 1986, and subdivision 22 as
added by chapter 346 of the laws of 1986, is amended to read as follows:
S 623. Powers and duties of the [board] OFFICE. The [board] OFFICE
shall have the following powers and duties:
1. To [establish and maintain a principal office and such other
offices within the state as it may deem necessary.
2. To appoint a secretary, counsel, clerks and such other employees
and agents as it may deem necessary, fix their compensation within the
limitations provided by law, and prescribe their duties.
S. 6606--A 37 A. 9706--A
3. To adopt, promulgate, amend and rescind] RECOMMEND TO THE COMMIS-
SIONER suitable rules and regulations to carry out the provisions and
purposes of this article, including RULES FOR THE DETERMINATION OF
CLAIMS, rules for the approval of attorneys' fees for representation
before the OFFICE AND board and/or before the appellate division upon
judicial review as provided for in section six hundred twenty-nine of
this article, and rules for the authorization of qualified persons to
assist claimants in the preparation of claims for presentation to the
OFFICE AND board [or board members].
[4.] 2. To request from the division of state police, from county or
municipal police departments and agencies and from any other state or
municipal department or agency, or public authority, and the same are
hereby authorized to provide, such assistance and data as will enable
the [board] OFFICE to carry out its functions and duties.
[5.] 3. To hear and determine all claims for awards filed with the
[board] OFFICE pursuant to this article, and to reinvestigate or reopen
cases as [the board deems] necessary.
[6.] 4. To direct medical examination of victims.
[7.] 5. To hold hearings, administer oaths or affirmations, examine
any person under oath or affirmation and to issue subpoenas requiring
the attendance and giving of testimony of witnesses and require the
production of any books, papers, documentary or other evidence. The
powers provided in this subdivision may be delegated by the [board]
COMMISSIONER, AFTER CONSULTATION WITH THE DIRECTOR, to any member or
employee [thereof] OF THE DIVISION. A subpoena issued under this subdi-
vision shall be regulated by the civil practice law and rules.
[8.] 6. To take or cause to be taken affidavits or depositions within
or without the state.
[9.] 7. To establish and maintain a special investigative unit to
expedite processing of claims by senior citizens and special emergency
situations[, and to promote the establishment of a volunteer program of
home visitation to elderly and invalid victims of violent crime].
[10.] 8. To advise and assist the governor in developing policies
designed to recognize the legitimate rights, needs and interests of
crime victims.
[11.] 9. To coordinate state programs and activities relating to crime
victims.
[12.] 10. To cooperate with and assist political subdivisions of the
state and not-for-profit organizations in the development of local
programs for crime victims.
[13.] 11. To study the operation of laws and procedures affecting
crime victims and recommend to the governor AND LEGISLATURE proposals to
improve the administration and effectiveness of such laws.
[14. To establish an advisory council to assist in formulation of
policies on the problems of crime victims.
15.] 12. To [advocate] WORK WITH NATIONAL ASSOCIATIONS, STATEWIDE
COALITIONS, REGIONAL COALITIONS, VICTIM SERVICE PROVIDERS, AND OTHER
ADVOCATES TO ADDRESS AND ADVANCE the rights and interests of crime
victims of the state [before federal, state and local administrative,
regulatory, legislative, judicial and criminal justice agencies].
[16.] 13. To promote and conduct studies, research, analyses and
investigations of matters affecting the interests of crime victims.
[17.] 14. To [sponsor conferences relating to the problems of crime
victims] COORDINATE TRAINING OPPORTUNITIES FOR CRIME VICTIM ADVOCATES
AND SERVICE PROVIDERS.
S. 6606--A 38 A. 9706--A
[18. To serve as a clearinghouse for information relating to crime
victims' problems and programs.
19.] 15. To accept, with the approval of the COMMISSIONER AND gover-
nor, as agent of the state, any grant including federal grants, or any
gift for the purposes of this article. Any monies so received may be
expended by the [board] OFFICE to effectuate any purpose of this arti-
cle, subject to the applicable provisions of the state finance law.
[20. To render each year to the governor and to the legislature, on or
before December first of each year, a written report on the board's
activities including, but not limited to, specific information on each
of the subdivisions of this section, and the manner in which the rights,
needs and interests of crime victims are being addressed by the state's
criminal justice system. Such report shall also include, but not be
limited to:
(a) Information transmitted by the state division of probation and
correctional alternatives under subdivision five of section 390.30 of
the criminal procedure law and subdivision seven of section 351.1 of the
family court act which the board shall compile, review and make recom-
mendations on how to promote the use of restitution and encourage its
enforcement.
(b) Information relating to the implementation of and compliance with
article twenty-three of this chapter by the criminal justice agencies
and the "crime victim-related agencies" of the state.
21. To make grants to local crime victim service programs and carry
out related duties under section six hundred thirty-one-a of this arti-
cle.
22. To delegate to specified employees of the board the power to
disallow claims under circumstances where regulations of the board
provide for disallowance without prejudice to the reopening of claims.]
S 85. Paragraph (i) of subdivision 1 and subdivision 2 of section 624
of the executive law, paragraph (i) of subdivision 1 as amended by chap-
ter 427 of the laws of 1999 and subdivision 2 as amended by chapter 859
of the laws of 1990, are amended to read as follows:
(i) a surviving spouse of a crime victim who died from causes not
directly related to the crime when such victim died prior to filing a
claim with the [board] OFFICE or subsequent to filing a claim but prior
to the rendering of a decision by the [board] OFFICE. Such award shall
be limited to out-of-pocket loss incurred as a direct result of the
crime; and
2. A person who is criminally responsible for the crime upon which a
claim is based or an accomplice of such person shall not be eligible to
receive an award with respect to such claim. A member of the family of
a person criminally responsible for the crime upon which a claim is
based or a member of the family of an accomplice of such person, shall
be eligible to receive an award, unless the [board] OFFICE determines
pursuant to regulations [adopted by the board] PROMULGATED TO CARRY OUT
THE PROVISIONS AND PURPOSES OF THIS ARTICLE, that the person criminally
responsible will receive substantial economic benefit or unjust enrich-
ment from the compensation. In such circumstances the award may be
reduced or structured in such way as to remove the substantial economic
benefit or unjust enrichment to such person or the claim may be denied.
S 85-a. Section 625 of the executive law, as added by chapter 894 of
the laws of 1966, subdivision 1 as amended by chapter 115 of the laws of
1981, subdivision 2 as amended by chapter 359 of the laws of 2001 and
subdivision 4 as amended by chapter 726 of the laws of 1969, is amended
to read as follows:
S. 6606--A 39 A. 9706--A
S 625. Filing of claims. 1. A claim may be filed by a person eligible
to receive an award, as provided in section six hundred twenty-four of
this article, or, if such person is under the age of eighteen years, an
incompetent, or a conservatee, by his relative, guardian, committee,
conservator, or attorney.
2. A claim must be filed by the claimant not later than one year after
the occurrence or discovery of the crime upon which such claim is based,
one year after a court finds a lawsuit to be frivolous, or not later
than one year after the death of the victim, provided, however, that
upon good cause shown, the [board] OFFICE may extend the time for
filing. The [board] OFFICE shall extend the time for filing where the
claimant received no notice pursuant to section six hundred
twenty-five-a of this article and had no knowledge of eligibility pursu-
ant to section six hundred twenty-four of this article.
3. Claims shall be filed [in the office of the secretary of the board]
in person [or], by mail OR ELECTRONICALLY, IN SUCH MANNER AS THE OFFICE
MAY PRESCRIBE. The [secretary of the board] OFFICE shall accept for
filing all claims submitted by persons eligible under subdivision one of
this section and alleging the jurisdictional requirements set forth in
this article and meeting the requirements as to form in the rules and
regulations [of the board] PROMULGATED TO CARRY OUT THE PROVISIONS AND
PURPOSES OF THIS ARTICLE.
[4. Upon filing of a claim pursuant to this article, the board shall
promptly notify the district attorney of the county wherein the crime is
alleged to have occurred. If, within ten days after such notification,
such district attorney advises the board that a criminal prosecution is
pending upon the same alleged crime and requests that action by the
board be deferred, the board shall defer all proceedings under this
article until such time as such criminal prosecution has been concluded
and shall so notify such district attorney and the claimant. When such
criminal prosecution has been concluded, such district attorney shall
promptly so notify the board. Nothing in this section shall limit the
authority of the board to grant emergency awards pursuant to section six
hundred thirty of this article.]
S 86. Transfer of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the crime victims board to the division of criminal justice
services pursuant to subdivision 9 of section 836 of the executive law,
as added by section three of this act, all employees of the crime
victims board shall be transferred to the division of criminal justice
services. Employees transferred pursuant to this section shall be trans-
ferred without further examination or qualification and shall retain
their respective civil service classifications, status and collective
bargaining unit designations and collective bargaining agreements.
S 87. Transfer of records. All books, papers, and property of the
crime victims board shall be delivered to the commissioner of the divi-
sion of criminal justice services. All books, papers, and property of
the crime victims board shall continue to be maintained by the division
of criminal justice services.
S 88. Continuity of authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the division of
criminal justice services shall be deemed and held to constitute the
continuation of the crime victims board.
S 89. Completion of unfinished business. Any business or other matter
undertaken or commenced by the crime victims board or the chairman ther-
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eof pertaining to or connected with the functions, powers, obligations
and duties hereby transferred and assigned to the division of criminal
justice services and pending on the effective date of this act, may be
conducted and completed by the division of criminal justice services in
the same manner and under the same terms and conditions and with the
same effect as if conducted and completed by the crime victims board.
S 90. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the crime victims board
pertaining to the functions and powers herein transferred and assigned,
in force at the time of such transfer and assumption, shall continue in
full force and effect as rules, regulations, acts, orders, determi-
nations and decisions of the division of criminal justice services until
duly modified or abrogated by the commissioner of the division of crimi-
nal justice services.
S 91. Terms occurring in laws, contracts and other documents. Whenever
the crime victims board or the chairman thereof, is referred to or
designated in any law, contract or document pertaining to the functions,
powers, obligations and duties hereby transferred to and assigned to the
division of criminal justice services or the commissioner of the divi-
sion of criminal justice services, such reference or designation shall
be deemed to refer to the division of criminal justice services or
commissioner of the division of criminal justice services, as applica-
ble.
S 92. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by any
provisions of this act.
S 93. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or against the
crime victims board or the chairman thereof, shall be affected by any
provision of this act, but the same may be prosecuted or defended in the
name of the commissioner of the division of criminal justice services or
the division of criminal justice services. In all such actions and
proceedings, the commissioner of the division of criminal justice
services, upon application of the court, shall be substituted as a
party.
S 94. Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the crime victims board to the
extent of remaining unexpended or unencumbered balance thereof, whether
allocated or unallocated and whether obligated or unobligated, are here-
by transferred to and made available for use and expenditure by the
division of criminal justice services subject to the approval of the
director of the budget for the same purposes for which originally appro-
priated or reappropriated and shall be payable on vouchers certified or
approved by the commissioner of the division of criminal justice
services on audit and warrant of the comptroller.
S 95. Transfer of assets and liabilities. All assets and liabilities
of the crime victims board are hereby transferred to and assumed by the
division of criminal justice services.
S 96. Paragraphs (c), (e) and (f) of subdivision 1 of section 169 of
the executive law, paragraph (c) as amended by chapter 634 of the laws
of 1998, paragraph (e) as amended by chapter 437 of the laws of 1995,
and paragraph (f) as amended by chapter 83 of the laws of 1995, are
amended to read as follows:
(c) commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services, adjutant general, commissioner and
president of state civil service commission, commissioner of economic
S. 6606--A 41 A. 9706--A
development, chair of the energy research and development authority,
executive director of the board of real property services, president of
higher education services corporation, commissioner of motor vehicles,
member-chair of board of parole, [director of probation and correctional
alternatives,] chair of public employment relations board, secretary of
state, chair of the state racing and wagering board, commissioner of
alcoholism and substance abuse services, executive director of the hous-
ing finance agency, commissioner of housing and community renewal, exec-
utive director of state insurance fund, commissioner-chair of state
liquor authority, chair of the workers' compensation board;
(e) chairman of state athletic commission, chairman and executive
director of consumer protection board, [member-chairman of crime victims
board], chairman of human rights appeal board, chairman of the indus-
trial board of appeals, chairman of the employment relations board,
chairman of the state commission of correction, members of the board of
parole, members of the state racing and wagering board, member-chairman
of unemployment insurance appeal board, director of veterans' affairs,
and vice-chairman of the workers' compensation board;
(f) executive director of adirondack park agency, commissioners of the
state liquor authority, commissioners of the state civil service commis-
sion, members of state commission of correction, members of the employ-
ment relations board, [members of crime victims board,] members of unem-
ployment insurance appeal board, and members of the workers'
compensation board.
S 97. Subdivision 4-b of section 257 of the executive law, as added by
chapter 62 of the laws of 2001, is amended to read as follows:
4-b. It shall be the duty of every probation officer to provide writ-
ten notice to probationers under the officer's supervision who may be
subject to any requirement to report to the [crime victims board] OFFICE
OF VICTIM SERVICES any funds of a convicted person as defined in section
six hundred thirty-two-a of this chapter, the procedures for such
reporting and any potential penalty for a failure to comply.
S 98. Subdivision 6-a of section 259-a of the executive law, as added
by chapter 62 of the laws of 2001, is amended to read as follows:
6-a. The division shall have the duty to provide written notice to
persons who are serving a term of parole, parole supervision, condi-
tional release or post release supervision of any requirement to report
to the [crime victims board] OFFICE OF VICTIM SERVICES any funds of a
convicted person as defined in section [six hundred thirty-a] SIX
HUNDRED THIRTY-TWO-A of this chapter, the procedure for such reporting
and any potential penalty for a failure to comply.
S 99. Subdivision 16 of section 259-c of the executive law, as amended
by section 7 of part E of chapter 62 of the laws of 2003 and as renum-
bered by chapter 67 of the laws of 2008, is amended to read as follows:
16. have the duty to provide written notice to such inmates prior to
release on presumptive release, parole, parole supervision, conditional
release or post release supervision or pursuant to subdivision six of
section 410.91 of the criminal procedure law of any requirement to
report to the [crime victims board] OFFICE OF VICTIM SERVICES any funds
of a convicted person as defined in section six hundred thirty-two-a of
this chapter, the procedure for such reporting and any potential penalty
for a failure to comply.
S 100. Subdivision 1 of section 625-a of the executive law, as amended
by chapter 173 of the laws of 2006, is amended to read as follows:
1. Every police station, precinct house, any appropriate location
where a crime may be reported and any location required by the [rules
S. 6606--A 42 A. 9706--A
and regulations of the board] OFFICE shall have available informative
booklets, pamphlets and other pertinent written information, including
information cards, to be supplied by the [board] OFFICE, relating to the
availability of crime victims compensation including all necessary
application blanks required to be filed with the [board] OFFICE and
shall display prominently posters giving notification of the existence
and general provisions of this article, those provisions of the penal
law that prohibit the intimidation of crime victims and the location of
the nearest crime victim service program. The [board] OFFICE may issue
guidelines for the location of such display and shall provide posters,
application forms, information cards and general information. Every
victim who reports a crime in any manner whatsoever shall be given
notice about the rights of crime victims and the existence of all rele-
vant local victim's assistance programs and services pursuant to section
six hundred twenty-five-b of this article, and supplied by the person
receiving the report with information, application blanks, and informa-
tion cards which shall clearly state: (a) that crime victims may be
eligible for state compensation benefits; (b) the address and phone
number of the [nearest board] office; (c) that police and district
attorneys can help protect victims against harassment and intimidation;
(d) the addresses and phone numbers of local victim service programs,
where appropriate, or space for inserting that information; or (e) any
other information the [board] OFFICE deems appropriate. Such cards shall
be designed by the [board] OFFICE in consultation with local police, and
shall be printed and distributed by the [board] DIVISION. The [crime
victims board] DIVISION shall develop a system for distributing a suffi-
cient supply of the information cards referred to in this subdivision,
to all the appropriate designated locations, which shall include a sche-
dule for meeting that requirement.
S 101. Section 625-b of the executive law, as added by chapter 173 of
the laws of 2006, is amended to read as follows:
S 625-b. Standardized victim notification and verification procedures
for police officers. 1. The commissioner of the division of criminal
justice services in cooperation with the [crime victims board] OFFICE
shall develop and implement a standardized procedure to be used by
police officers, county sheriffs' departments and state police officers
whereby victims of crime are notified about the rights of crime victims
and the existence of programs designed to assist crime victims.
2. In establishing a victims assistance notification procedure,
consideration shall be given to (a) developing a uniform method of
informing victims of crime of their rights and services available, (b)
including notification as part of a routine task performed in the course
of law enforcement duties, and (c) documenting a victim's receipt of
such notice.
3. All state or municipal printed forms for a police primary investi-
gation report shall include a space to indicate that the victim did or
did not receive information on victim's rights, [crime victims board]
OFFICE OF VICTIMS SERVICES assistance and relevant local assistance
pursuant to subdivision one of section six hundred twenty-five-a of this
article.
S 101-a. Subdivisions 1 and 2 of section 626 of the executive law,
subdivision 1 as amended by chapter 408 of the laws of 2005 and subdivi-
sion 2 as amended by chapter 276 of the laws of 1998, are amended to
read as follows:
1. Out-of-pocket loss shall mean unreimbursed and unreimbursable
expenses or indebtedness reasonably incurred for medical care or other
S. 6606--A 43 A. 9706--A
services necessary as a result of the injury upon which such claim is
based, including such expenses incurred as a result of the exacerbation
of a pre-existing disability or condition directly resulting from the
crime or causally related to the crime. Such expenses or indebtedness
shall include the cost of counseling for the eligible spouse, grandpar-
ents, parents, stepparents, guardians, brothers, sisters, stepbrothers,
stepsisters, children or stepchildren of a homicide victim, and crime
victims who have sustained a personal physical injury as the direct
result of a crime and the spouse, children or stepchildren of such phys-
ically injured victim. For the purposes of this subdivision, the victim
of a sex offense as defined in article one hundred thirty of the penal
law is presumed to have suffered physical injury. Such counseling may be
provided by local victim service programs, where available. It shall
also include the cost of residing at or utilizing services provided by
shelters for battered spouses and children who are eligible pursuant to
subdivision two of section six hundred twenty-four of this article, and
the cost of reasonable attorneys' fees for representation before the
[board] OFFICE and/or before the appellate division upon judicial review
not to exceed one thousand dollars.
2. Out-of-pocket loss shall also include the cost of counseling for a
child victim and the parent, stepparent, grandparent, guardian, brother,
sister, stepbrother or stepsister of such victim, pursuant to regu-
lations [of the board] PROMULGATED TO CARRY OUT THE PROVISIONS AND
PURPOSES OF THIS ARTICLE.
S 101-b. Section 627 of the executive law is REPEALED and a new
section 627 is added to read as follows:
S 627. DETERMINATION OF CLAIMS. 1. THE OFFICE SHALL DETERMINE CLAIMS
IN ACCORDANCE WITH RULES AND REGULATIONS RECOMMENDED BY THE DIRECTOR AND
PROMULGATED BY THE COMMISSIONER.
2. THE CLAIMANT MAY, WITHIN THIRTY DAYS AFTER RECEIPT OF THE DECISION
OF THE OFFICE REGARDING A CLAIM, MAKE AN APPLICATION IN WRITING TO THE
OFFICE FOR CONSIDERATION OF SUCH DECISION BY THE CRIME VICTIMS COMPEN-
SATION APPEALS BOARD. THE BOARD SHALL CONSIDER SUCH APPLICATIONS IN
ACCORDANCE WITH RULES AND REGULATIONS RECOMMENDED BY THE DIRECTOR AND
PROMULGATED BY THE COMMISSIONER AND MAY AFFIRM OR MODIFY THE DECISION OF
THE OFFICE. THE DECISION OF THE BOARD SHALL BECOME THE FINAL DETERMI-
NATION OF THE OFFICE REGARDING THE CLAIM.
S 101-c. Section 628 of the executive law is REPEALED and a new
section 628 is added to read as follows:
S 628. CRIME VICTIMS COMPENSATION APPEALS BOARD. 1. THERE IS HEREBY
CREATED IN THE DIVISION OF CRIMINAL JUSTICE SERVICES A BOARD, TO BE
KNOWN AS THE CRIME VICTIMS COMPENSATION APPEALS BOARD. SUCH BOARD SHALL
CONSIST OF THE DIRECTOR AND TWO MEMBERS APPOINTED BY THE GOVERNOR. ONE
OF THE MEMBERS APPOINTED BY THE GOVERNOR SHALL HAVE BEEN A VICTIM OF
CRIME OR THE PARENT OR SPOUSE OF A DECEASED VICTIM OF CRIME. THE DIREC-
TOR SHALL SERVE AS CHAIR OF THE BOARD EX OFFICIO.
2. THE TERM OF OFFICE OF THE MEMBERS APPOINTED BY THE GOVERNOR SHALL
BE THREE YEARS. ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING OTHER-
WISE THAN BY EXPIRATION OF A TERM SHALL BE APPOINTED FOR THE REMAINDER
OF THE UNEXPIRED TERM.
3. THE MEMBERS OF THE BOARD APPOINTED BY THE GOVERNOR SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS. THE
DIRECTOR SHALL RECEIVE NO ADDITIONAL COMPENSATION FOR SERVICE AS CHAIR
OF THE BOARD.
S. 6606--A 44 A. 9706--A
4. THE BOARD SHALL MEET AS FREQUENTLY AS IT DEEMS NECESSARY BUT IN NO
EVENT LESS THAN MONTHLY.
S 101-d. Section 629 of the executive law, as added by chapter 894 of
the laws of 1966, subdivision 1 as amended by chapter 688 of the laws of
1985, is amended to read as follows:
S 629. Judicial review. 1. [Within fifteen days after receipt of the
copy of the report containing the final decision of the board, the comp-
troller shall, if in his judgment the award is illegal or excessive,
notify the board of his conclusion, state the reasons for that conclu-
sion, and provide specific recommendations for modification. Upon
receiving such notification, the board shall have fifteen days within
which to review and either modify or re-affirm its award. If after such
modification or reaffirmation the comptroller continues to adjudge the
award to be illegal or excessive, he may within fifteen days after
receipt of such modification or reaffirmation, commence a proceeding in
the appellate division of the supreme court, third department, to review
the decision of the board. Such proceeding shall be heard in a summary
manner and shall have precedence over all other civil cases in such
court.] Any claimant aggrieved by a final decision of the [board] OFFICE
may commence a proceeding to review that decision pursuant to article
seventy-eight of the civil practice law and rules.
2. Any such proceeding shall be commenced [by the service of notice
thereof upon the claimant and the board in person or by mail] IN ACCORD-
ANCE WITH THE CIVIL PRACTICE LAW AND RULES.
S 101-e. Section 630 of the executive law, as amended by chapter 346
of the laws of 1986, and subdivision 1 as amended by chapter 318 of the
laws of 2007, is amended to read as follows:
S 630. Emergency awards. 1. Notwithstanding the provisions of section
six hundred twenty-seven of this article, if it appears to the [board
member to whom a claim is assigned] OFFICE, that such claim is one with
respect to which an award probably will be made, and undue hardship will
result to the claimant if immediate payment is not made, [such board
member] THE OFFICE may make one or more emergency awards to the claimant
pending a final decision of the [board] OFFICE or payment of an award in
the case, provided, however, that the total amount of such emergency
awards shall not exceed twenty-five hundred dollars. The amount of such
emergency awards shall be deducted from any final award made to the
claimant, and the excess of the amount of any such emergency award over
the amount of the final award, or the full amount of any emergency
awards if no final award is made, shall be repaid by the claimant to the
board.
2. Notwithstanding the provisions of section six hundred twenty-seven
of this article, local crime victim service programs shall be authorized
to provide emergency awards to crime victims for essential personal
property, medical treatment, shelter costs, security services, coun-
seling and transportation the total amount of such emergency awards not
to exceed five hundred dollars. These programs shall be reimbursed by
the board, pursuant to the provisions of this article, if it is subse-
quently determined that the victim is an eligible claimant. Local crime
victim service programs shall be authorized to establish special
accounts for this purpose. The [board] OFFICE shall initiate a program
to assist local crime victim service programs in establishing special
accounts to provide emergency awards, within amounts designated for that
purpose.
S 101-f. Subdivisions 1, 1-a, 3, 5, 6, 13, 14, 15 and 16 of section
631 of the executive law, subdivision 1 as amended by chapter 74 of the
S. 6606--A 45 A. 9706--A
laws of 2007, subdivision 1-a as added by chapter 620 of the laws of
1997, subdivision 3 as amended by chapter 148 of the laws of 2000,
subdivision 5 as amended by chapter 351 of the laws of 1982, paragraph
(c) of subdivision 5 as amended by chapter 74 of the laws of 1986, para-
graph (d) as amended by chapter 309 of the laws of 1996, paragraph (e)
of subdivision 5 as amended by chapter 763 of the laws of 1990, subdivi-
sion 6 as amended by chapter 810 of the laws of 1983, the opening para-
graph of paragraph (a) of subdivision 6 as amended by chapter 400 of the
laws of 1991, subparagraph 1 of paragraph (b) of subdivision 6 as
amended by chapter 322 of the laws of 2005, subparagraph 7 of paragraph
(b) of subdivision 6 as amended by chapter 309 of the laws of 1987,
subdivision 13 as amended by section 1 of part E of chapter 56 of the
laws of 2009, subdivisions 14, 15, and 16 as added by chapter 21 of the
laws of 2007, are amended to read as follows:
1. No award shall be made unless the [board or board member] OFFICE,
as the case may be, finds that (a) a crime was committed, (b) such crime
directly resulted in personal physical injury to or the exacerbation of
a preexisting disability, or condition, or death of, the victim, and (c)
criminal justice agency records show that such crime was promptly
reported to the proper authorities; and in no case may an award be made
where the criminal justice agency records show that such report was made
more than one week after the occurrence of such crime unless the [board]
OFFICE, for good cause shown, finds the delay to have been justified;
provided, however, in cases involving an alleged sex offense as
contained in article one hundred thirty of the penal law or incest as
defined in section 255.25, 255.26 or 255.27 of the penal law or labor
trafficking as defined in section 135.35 of the penal law or sex traf-
ficking as defined in section 230.34 of the penal law or an offense
chargeable as a family offense as described in section eight hundred
twelve of the family court act or section 530.11 of the criminal proce-
dure law, the criminal justice agency report need only be made within a
reasonable time considering all the circumstances, including the
victim's physical, emotional and mental condition and family situation.
For the purposes of this subdivision, "criminal justice agency" shall
include, but not be limited to, a police department, a district attor-
ney's office, and any other governmental agency having responsibility
for the enforcement of the criminal laws of the state provided, however,
that in cases involving such sex offense a criminal justice agency shall
also mean a family court, a governmental agency responsible for child
and/or adult protective services pursuant to title six of article six of
the social services law and/or title one of article nine-B of the social
services law, and any medical facility established under the laws of the
state that provides a forensic physical examination for victims of rape
and sexual assault.
1-a. No award shall be made for a frivolous lawsuit unless the [board
or board member, as the case may be,] OFFICE finds that the victim has
been awarded costs pursuant to section eighty-three hundred three-a of
the civil practice law and rules and the individual responsible for the
payment of costs is unable to pay such costs provided, however, that in
no event shall the amount of such costs exceed two thousand five hundred
dollars.
3. Any award made for loss of earnings or support shall, unless
reduced pursuant to other provisions of this article, be in an amount
equal to the actual loss sustained, provided, however, that no such
award shall exceed six hundred dollars for each week of lost earnings or
support. Awards with respect to livery operator victims pursuant to
S. 6606--A 46 A. 9706--A
paragraph (b) of subdivision six of FORMER section six hundred twenty-
seven of this article shall be granted in the amount and in the manner
provided therein. The aggregate award for all such losses pursuant to
this subdivision, including any awards made pursuant to paragraph (b) of
subdivision six of FORMER section six hundred twenty-seven of this arti-
cle, shall not exceed thirty thousand dollars. If there are two or more
persons entitled to an award as a result of the death of a person which
is the direct result of a crime, the award shall be apportioned by the
[board] OFFICE among the claimants.
5. (a) In determining the amount of an award, the [board or board
member, as the case may be,] OFFICE shall determine whether, because of
his conduct, the victim of such crime contributed to the infliction of
his injury, and the [board or board member] OFFICE shall reduce the
amount of the award or reject the claim altogether, in accordance with
such determination.
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the [board or board member, as the case may be,] OFFICE shall
disregard for this purpose the responsibility of the victim for his own
injury where the record shows that the person injured was acting as a
good samaritan, as defined in this article.
(c) Notwithstanding any inconsistent provision of this article, where
the person injured acted as a good samaritan, the [board or board
member, as the case may be,] OFFICE may, without regard to the financial
difficulty of the claimant, make an award for out-of-pocket losses. Such
award may also include compensation for any loss of property up to five
thousand dollars suffered by the victim during the course of his actions
as a good samaritan.
(d) Notwithstanding any inconsistent provision of this article, where
a person acted as a good samaritan, and was killed as a direct result of
the crime, the [board or the board member, as the case may be,] OFFICE
may, without regard to the financial difficulty of the claimant, make a
lump sum award to such claimant for actual loss of support not to exceed
thirty thousand dollars.
(e) Notwithstanding any inconsistent provision of this article, where
a police officer or firefighter, both paid and volunteer, dies from
injuries received in the line of duty as a direct result of a crime, the
[board or the board member, as the case may be,] OFFICE may, without
regard to the financial difficulty of the claimant, make an award for
the unreimbursed counseling expenses of the eligible spouse, parents,
brothers, sisters or children of such victim, and/or the reasonable
burial expenses incurred by the claimant.
6. (a) Claims may be approved only if the [board or board member, as
the case may be,] OFFICE finds that unless the claimant's award is
approved he will suffer financial difficulty. However, no finding of
financial difficulty is required for a claim for an emergency award or
an award less than five thousand dollars. In determining financial
difficulty, the [board or board member] OFFICE shall consider all rele-
vant factors, including but not limited to:
(1) the number of claimant's dependents;
(2) reasonable living expenses of the claimant and his family;
(3) any special health, rehabilitative or educational needs of the
claimant and his dependents;
(4) the claimant's employment situation including income and potential
earning capacity;
(5) the claimant's net financial resources after authorized deduction
as provided in paragraphs (b) and (c) of this subdivision;
S. 6606--A 47 A. 9706--A
(6) whether claimant's financial resources will become exhausted
during his lifetime; and
(7) the nature and the amount of claimant's total debt and liabil-
ities, including the amount of debt incurred or to be incurred to pay
for losses and expenses of the crime, and the extent to which claimant's
essential assets will have to be liquidated.
(b) Claimant's net financial resources do not include the present
value of future earnings, and shall be determined by the [board] OFFICE
by deducting from his total financial resources the value, within
reasonable limits, of the following items:
(1) a homestead, not exceeding five hundred thousand dollars, or a
total of ten years' rent for a renter;
(2) personal property consisting of clothing and strictly personal
effects;
(3) household furniture, appliances and equipment;
(4) tools and equipment necessary for the claimant's trade, occupation
or business;
(5) a family automobile;
(6) life insurance, except in death claims; and
(7) retirement, education and health plans or contributions to a
retirement or pension program including but not limited to contributions
to: (i) employee profit sharing plans, (ii) employee money purchase
plans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)
individual retirement accounts (IRA), (vi) 403 (b) plans, (vii) 457
plans, (viii) Keogh plans, (self employed), and (ix) any other plan or
account for which contributions are made primarily for retirement
purposes.
(c) The [board or board member] OFFICE, after taking into consider-
ation the claimant's financial resources, may exempt that portion of the
victim's or claimant's annual income required to meet reasonable living
expenses and the value of inventory or other property necessary for the
claimant's business or occupation or the production of income required
to meet reasonable living expenses. In no event shall the aggregate
value of exemptions under this paragraph exceed one hundred thousand
dollars.
(d) Nothing contained in this subdivision shall be construed to mean
that the [board] OFFICE must maintain the same standard of living
enjoyed by the claimant prior to the death or injury.
(e) The [board] OFFICE shall [establish] RECOMMEND TO THE COMMISSIONER
such rules and regulations as are necessary for the implementation of
this section.
13. Notwithstanding any other provision of law, rule, or regulation to
the contrary, when any New York state accredited hospital, accredited
sexual assault examiner program, or licensed health care provider
furnishes services to any sexual assault survivor, including but not
limited to a health care forensic examination in accordance with the sex
offense evidence collection protocol and standards established by the
department of health, such hospital, sexual assault examiner program, or
licensed healthcare provider shall provide such services to the person
without charge and shall bill the [board] OFFICE directly. The [board]
OFFICE, in consultation with the department of health, shall define the
specific services to be covered by the sexual assault forensic exam
reimbursement fee, which must include at a minimum forensic examiner
services, hospital or healthcare facility services related to the exam,
and related laboratory tests and pharmaceuticals. Follow-up HIV post-ex-
posure prophylaxis costs shall continue to be reimbursed according to
S. 6606--A 48 A. 9706--A
established [board] OFFICE procedure. The [board] OFFICE, in consulta-
tion with the department of health, shall also generate the necessary
regulations and forms for the direct reimbursement procedure. The rate
for reimbursement shall be the amount of itemized charges not exceeding
eight hundred dollars, to be reviewed and adjusted annually by the
[board] OFFICE in consultation with the department of health. The hospi-
tal, sexual assault examiner program, or licensed health care provider
must accept this fee as payment in full for these specified services. No
additional billing of the survivor for said services is permissible. A
sexual assault survivor may voluntarily assign any private insurance
benefits to which she or he is entitled for the healthcare forensic
examination, in which case the hospital or healthcare provider may not
charge the [board] OFFICE. A hospital, sexual assault examiner program
or licensed health care provider shall, at the time of the initial
visit, request assignment of any private health insurance benefits to
which the sexual assault survivor is entitled on a form prescribed by
the [board] OFFICE; provided, however, such sexual assault survivor
shall be advised orally and in writing that he or she may decline to
provide such information regarding private health insurance benefits if
he or she believes that the provision of such information would substan-
tially interfere with his or her personal privacy or safety and in such
event, the sexual assault forensic exam fee shall be paid by the [board]
OFFICE. Such sexual assault survivor shall also be advised that provid-
ing such information may provide additional resources to pay for
services to other sexual assault victims. If he or she declines to
provide such health insurance information, he or she shall indicate such
decision on the form provided by the hospital, sexual assault examiner
program or licensed health care provider, which form shall be prescribed
by the [board] OFFICE.
14. Notwithstanding any inconsistent provision of this article, where
a victim dies from injuries received as a direct result of the World
Trade Center terrorist attacks on September eleventh, two thousand one,
the [board or the board member, as the case may be,] OFFICE may make an
award for the unreimbursed and unreimbursable expense or indebtedness
reasonably incurred for the cost of counseling for the eligible spouse,
grandparents, parents, stepparents, guardians, brothers, sisters, step-
brothers, stepsisters, children, or stepchildren of such victim. Any
award for such expense incurred on or before December thirty-first, two
thousand seven, shall be made without regard to the financial difficulty
of the claimant.
15. Notwithstanding any inconsistent provision of this article, where
a victim is injured as a direct result of the World Trade Center terror-
ist attacks on September eleventh, two thousand one, the [board or the
board member, as the case may be,] OFFICE may make an award for the
unreimbursed and unreimbursable expense or indebtedness reasonably
incurred by the claimant for medical care or counseling services neces-
sary as a result of such injury. Any award for such expense or indebt-
edness incurred on or before December thirty-first, two thousand seven,
shall be made without regard to the financial difficulty of the claim-
ant.
16. Notwithstanding any inconsistent provision of this article, and
without regard to the financial difficulty of the claimant, where a
victim dies from injuries received as a direct result of the World Trade
Center terrorist attacks on September eleventh, two thousand one, the
[board or the board member, as the case may be,] OFFICE may make an
award of reasonable burial expenses for such victim.
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S 101-g. Subdivision 2 of section 632 of the executive law, as amended
by chapter 115 of the laws of 1981, is amended to read as follows:
2. Where a person entitled to receive an award is a person under the
age of eighteen years, an incompetent, or a conservatee, the award may
be paid to a relative, guardian, committee, conservator, or attorney of
such person on behalf of and for the benefit of such person. In such
case the payee shall be required to file a periodic accounting of the
award with the [board] OFFICE and to take such other action as the
[board] OFFICE shall determine is necessary and appropriate for the
benefit of the person under the age of eighteen years, incompetent or
conservatee.
S 101-h. Section 632-a of the executive law, as amended by chapter 62
of the laws of 2001, is amended to read as follows:
S 632-a. Crime victims. 1. For the purposes of this section:
(a) "Crime" means (i) any felony defined in the laws of the state; or
(ii) an offense in any jurisdiction which includes all of the essential
elements of any felony defined in the laws of this state and: (A) the
crime victim, as defined in subparagraph (i) of paragraph (d) of this
subdivision, was a resident of this state at the time of the commission
of the offense; or (B) the act or acts constituting the offense occurred
in whole or in part in this state.
(b) "Profits from a crime" means (i) any property obtained through or
income generated from the commission of a crime of which the defendant
was convicted; (ii) any property obtained by or income generated from
the sale, conversion or exchange of proceeds of a crime, including any
gain realized by such sale, conversion or exchange; and (iii) any prop-
erty which the defendant obtained or income generated as a result of
having committed the crime, including any assets obtained through the
use of unique knowledge obtained during the commission of, or in prepa-
ration for the commission of, a crime, as well as any property obtained
by or income generated from the sale, conversion or exchange of such
property and any gain realized by such sale, conversion or exchange.
(c) "Funds of a convicted person" means all funds and property
received from any source by a person convicted of a specified crime, or
by the representative of such person as defined in subdivision six of
section six hundred twenty-one of this article excluding child support
and earned income, where such person:
(i) is an inmate serving a sentence with the department of correction-
al services or a prisoner confined at a local correctional facility or
federal correctional institute, and includes funds that a superinten-
dent, sheriff or municipal official receives on behalf of an inmate or
prisoner and deposits in an inmate account to the credit of the inmate
pursuant to section one hundred sixteen of the correction law or depos-
its in a prisoner account to the credit of the prisoner pursuant to
section five hundred-c of the correction law; or
(ii) is not an inmate or prisoner but who is serving a sentence of
probation or conditional discharge or is presently subject to an undisc-
harged indeterminate, determinate or definite term of imprisonment or
period of post-release supervision or term of supervised release, but
shall include earned income earned during a period in which such person
was not in compliance with the conditions of his or her probation,
parole, conditional release, period of post-release supervision by the
division of parole or term of supervised release with the United States
probation office or United States parole commission. For purposes of
this subparagraph, such period of non-compliance shall be measured, as
applicable, from the earliest date of delinquency determined by the
S. 6606--A 50 A. 9706--A
board or division of parole, or from the earliest date on which a decla-
ration of delinquency is filed pursuant to section 410.30 of the crimi-
nal procedure law and thereafter sustained, or from the earliest date of
delinquency determined in accordance with applicable federal law, rules
or regulations, and shall continue until a final determination sustain-
ing the violation has been made by the trial court, board or division of
parole, or appropriate federal authority; or
(iii) is no longer subject to a sentence of probation or conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-
od terminated or expired or such person was granted a discharge by a
board of parole pursuant to applicable law, or granted a discharge or
termination from probation pursuant to applicable law or granted a
discharge or termination under applicable federal or state law, rules or
regulations prior to the expiration of such full or maximum term or
period; and includes only: (A) those funds paid to such person as a
result of any interest, right, right of action, asset, share, claim,
recovery or benefit of any kind that the person obtained, or that
accrued in favor of such person, prior to the expiration of such
sentence, term or period; (B) any recovery or award collected in a
lawsuit after expiration of such sentence where the right or cause of
action accrued prior to the expiration or service of such sentence; and
(C) earned income earned during a period in which such person was not in
compliance with the conditions of his or her probation, parole, condi-
tional release, period of post-release supervision by the division of
parole or term of supervised release with the United States probation
office or United States parole commission. For purposes of this subpara-
graph, such period of non-compliance shall be measured, as applicable,
from the earliest date of delinquency determined by the board or divi-
sion of parole, or from the earliest date on which a declaration of
delinquency is filed pursuant to section 410.30 of the criminal proce-
dure law and thereafter sustained, or from the earliest date of delin-
quency determined in accordance with applicable federal law, rules or
regulations, and shall continue until a final determination sustaining
the violation has been made by the trial court, board or division of
parole, or appropriate federal authority.
(d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
tative of a crime victim as defined in subdivision six of section six
hundred twenty-one of this article; (iii) a good samaritan as defined in
subdivision seven of section six hundred twenty-one of this article;
(iv) the [crime victims board] OFFICE OF VICTIM SERVICES or other
governmental agency that has received an application for or provided
financial assistance or compensation to the victim.
(e) (i) "Specified crime" means:
(A) a violent felony offense as defined in subdivision one of section
70.02 of the penal law;
(B) a class B felony offense defined in the penal law;
(C) an offense for which a merit time allowance may not be received
against the sentence pursuant to paragraph (d) of subdivision one of
section eight hundred three of the correction law;
(D) an offense defined in the penal law that is titled in such law as
a felony in the first degree;
(E) grand larceny in the fourth degree as defined in subdivision six
of section 155.30 or grand larceny in the second degree as defined in
section 155.40 of the penal law;
S. 6606--A 51 A. 9706--A
(F) criminal possession of stolen property in the second degree as
defined in section 165.52 of the penal law; or
(G) an offense in any jurisdiction which includes all of the essential
elements of any of the crimes specified in clauses (A) through (F) of
this subparagraph and either the crime victim as defined in subparagraph
(i) of paragraph (d) of this subdivision was a resident of this state at
the time of the commission of the offense or the act or acts constitut-
ing the crime occurred in whole or in part in this state.
(ii) Notwithstanding the provisions of subparagraph (i) of this para-
graph a "specified crime" shall not mean or include an offense defined
in any of the following articles of the penal law: articles one hundred
fifty-eight, one hundred seventy-eight, two hundred twenty, two hundred
twenty-one, two hundred twenty-five, and two hundred thirty.
(f) "Earned income" means income derived from one's own labor or
through active participation in a business as distinguished from income
from, for example, dividends or investments.
2. (a) Every person, firm, corporation, partnership, association or
other legal entity, or representative of such person, firm, corporation,
partnership, association or entity, which knowingly contracts for, pays,
or agrees to pay: (i) any profits from a crime as defined in paragraph
(b) of subdivision one of this section, to a person charged with or
convicted of that crime, or to the representative of such person as
defined in subdivision six of section six hundred twenty-one of this
article; or (ii) any funds of a convicted person, as defined in para-
graph (c) of subdivision one of this section, where such conviction is
for a specified crime and the value, combined value or aggregate value
of the payment or payments of such funds exceeds or will exceed ten
thousand dollars, shall give written notice to the [crime victims board]
OFFICE of the payment or obligation to pay as soon as practicable after
discovering that the payment or intended payment constitutes profits
from a crime or funds of a convicted person.
(b) Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
vision, whenever the payment or obligation to pay involves funds of a
convicted person that a superintendent, sheriff or municipal official
receives or will receive on behalf [on] OF an inmate serving a sentence
with the department of correctional services or prisoner confined at a
local correctional facility and deposits or will deposit in an inmate
account to the credit of the inmate or in a prisoner account to the
credit of the prisoner, and the value, combined value or aggregate value
of such funds exceeds or will exceed ten thousand dollars, the super-
intendent, sheriff or municipal official shall also give written notice
to the [crime victims board] OFFICE.
Further, whenever the state or subdivision of the state makes payment
or has an obligation to pay funds of a convicted person, as defined in
subparagraph (ii) or (iii) of paragraph (c) of subdivision one of this
section, and the value, combined value or aggregate value of such funds
exceeds or will exceed ten thousand dollars, the state or subdivision of
the state shall also give written notice to the [crime victims board]
OFFICE.
In all other instances where the payment or obligation to pay involves
funds of a convicted person, as defined in subparagraph (ii) or (iii) of
paragraph (c) of subdivision one of this section, and the value,
combined value or aggregate value of such funds exceeds or will exceed
ten thousand dollars, the convicted person who receives or will receive
such funds, or the representative of such person as defined in subdivi-
S. 6606--A 52 A. 9706--A
sion six of section six hundred twenty-one of this article, shall give
written notice to the [crime victims board] OFFICE.
(c) The [board] OFFICE, upon receipt of notice of a contract, an
agreement to pay or payment of profits from a crime or funds of a
convicted person pursuant to paragraph (a) or (b) of this subdivision,
or upon receipt of notice of funds of a convicted person from the super-
intendent, sheriff or municipal official of the facility where the
inmate or prisoner is confined pursuant to section one hundred sixteen
or five hundred-c of the correction law, shall notify all known crime
victims of the existence of such profits or funds at their last known
address.
3. Notwithstanding any inconsistent provision of the estates, powers
and trusts law or the civil practice law and rules with respect to the
timely bringing of an action, any crime victim shall have the right to
bring a civil action in a court of competent jurisdiction to recover
money damages from a person convicted of a crime of which the crime
victim is a victim, or the representative of that convicted person,
within three years of the discovery of any profits from a crime or funds
of a convicted person, as those terms are defined in this section.
Notwithstanding any other provision of law to the contrary, a judgment
obtained pursuant to this section shall not be subject to execution or
enforcement against the first one thousand dollars deposited in an
inmate account to the credit of the inmate pursuant to section one
hundred sixteen of the correction law or in a prisoner account to the
credit of the prisoner pursuant to section five hundred-c of the
correction law. In addition, where the civil action involves funds of a
convicted person and such funds were recovered by the convicted person
pursuant to a judgment obtained in a civil action, a judgment obtained
pursuant to this section may not be subject to execution or enforcement
against a portion thereof in accordance with subdivision (k) of section
fifty-two hundred five of the civil practice law and rules. If an action
is filed pursuant to this subdivision after the expiration of all other
applicable statutes of limitation, any other crime victims must file any
action for damages as a result of the crime within three years of the
actual discovery of such profits or funds, or within three years of
actual notice received from or notice published by the [crime victims
board] OFFICE of such discovery, whichever is later.
4. Upon filing an action pursuant to subdivision three of this
section, the crime victim shall give notice to the [crime victims board]
OFFICE of the filing by delivering a copy of the summons and complaint
to the [board] OFFICE. The crime victim may also give such notice to
the [board] OFFICE prior to filing the action so as to allow the [board]
OFFICE to apply for any appropriate provisional remedies which are
otherwise authorized to be invoked prior to the commencement of an
action.
5. Upon receipt of a copy of a summons and complaint, or upon receipt
of notice from the crime victim prior to filing the action as provided
in subdivision four of this section, the [board] OFFICE shall immediate-
ly take such actions as are necessary to:
(a) notify all other known crime victims of the alleged existence of
profits from a crime or funds of a convicted person by certified mail,
return receipt requested, where the victims' names and addresses are
known by the [board] OFFICE;
(b) publish, at least once every six months for three years from the
date it is initially notified by a victim, pursuant to subdivision four
of this section, a legal notice in newspapers of general circulation in
S. 6606--A 53 A. 9706--A
the county wherein the crime was committed and in counties contiguous to
such county advising any crime victims of the existence of profits from
a crime or funds of a convicted person. For crimes committed in a county
located within a city having a population of one million or more, the
notice shall be published in newspapers having general circulation in
such city. The [board] OFFICE may, in its discretion, provide for such
additional notice as it deems necessary;
(c) avoid the wasting of the assets identified in the complaint as the
newly discovered profits from a crime or as funds of a convicted person,
in any manner consistent with subdivision six of this section.
6. The [board] OFFICE, acting on behalf of the plaintiff and all other
victims, shall have the right to apply for any and all provisional reme-
dies that are also otherwise available to the plaintiff.
(a) The provisional remedies of attachment, injunction, receivership
and notice of pendency available to the plaintiff under the civil prac-
tice law and rules, shall also be available to the [board] OFFICE in all
actions under this section.
(b) On a motion for a provisional remedy, the moving party shall state
whether any other provisional remedy has previously been sought in the
same action against the same defendant. The court may require the moving
party to elect between those remedies to which it would otherwise be
entitled.
7. (a) (i) Whenever it appears that a person or entity has knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of subdivision two of this section, other than the state, a subdivision
of the state, or a person who is a superintendent, sheriff or municipal
official required to give notice pursuant to this section or section one
hundred sixteen or section five hundred-c of the correction law, the
[board] OFFICE shall be authorized to serve a notice of hearing upon the
person or entity by personal service or by registered or certified mail.
The notice shall contain the time, place and purpose of the hearing. In
addition, the notice shall be accompanied by a petition alleging facts
of an evidentiary character that support or tend to support that the
person or entity, who shall be named therein as a respondent, knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of subdivision two of this section. Service of the notice and petition
shall take place at least fifteen days prior to the date of the hearing.
(ii) The [chairperson of the board,] COMMISSIONER or any [board
member] INDIVIDUAL designated by the [chairperson] COMMISSIONER, shall
preside over the hearing[. The presiding member], shall administer oaths
[and], may issue subpoenas[. The presiding member] AND shall not be
bound by the rules of evidence or civil procedure, but his or her deter-
mination shall be based on a preponderance of the evidence. At the hear-
ing, the burden of proof shall be on the [board] OFFICE[, which shall be
represented by the counsel to the board or another person designated by
the board]. The [board] OFFICE shall produce witnesses and present
evidence in support of the alleged violation, which may include relevant
hearsay evidence. The respondent, who may appear personally at the hear-
ing, shall have the right of counsel and may cross-examine witnesses and
produce evidence and witnesses in his or her behalf, which may include
relevant hearsay evidence. The issue of whether the person who received
an alleged payment or obligation to pay committed the underlying crime
shall not be re-litigated at the hearing. Where the alleged violation is
the failure to give notice of a payment amount involving two or more
payments the combined value or aggregate value of which exceeds ten
thousand dollars, no violation shall be found unless it is shown that
S. 6606--A 54 A. 9706--A
such payments were intentionally structured to conceal their character
as funds of a convicted person, as defined in this section.
(iii) At the conclusion of the hearing, if the [presiding member]
OFFICE OR DESIGNATED INDIVIDUAL is not satisfied that there is a prepon-
derance of evidence in support of a violation, [the member] OFFICE OR
DESIGNATED INDIVIDUAL shall dismiss the petition. If the [presiding
member] OFFICE OR DESIGNATED INDIVIDUAL is satisfied that there is a
preponderance of the evidence that the respondent committed one or more
violations, the [member] OFFICE OR DESIGNATED INDIVIDUAL shall so find.
Upon such a finding, the [presiding member] OFFICE OR DESIGNATED INDI-
VIDUAL shall prepare a written statement, to be made available to the
respondent and respondent's counsel, indicating the evidence relied on
and the reasons for finding the violation.
(iv) The [board] COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR,
shall adopt, promulgate, amend and repeal administrative rules and regu-
lations governing the procedures to be followed with respect to hear-
ings, including rules and regulations for the administrative appeal of a
decision made pursuant to this paragraph, provided such rules and regu-
lations are consistent with the provisions of this subdivision.
(b)(i) Whenever it is found pursuant to paragraph (a) of this subdivi-
sion that a respondent knowingly and willfully failed to give notice in
violation of paragraph (a) or (b) of subdivision two of this section,
the [board] OFFICE shall impose an assessment of up to the amount of the
payment or obligation to pay and a civil penalty of up to one thousand
dollars or ten percent of the payment or obligation to pay, whichever is
greater. If a respondent fails to pay the assessment and civil penalty
imposed pursuant to this paragraph, the assessment and civil penalty may
be recovered from the respondent by an action brought by the attorney
general, upon the request of the [board] OFFICE, in any court of compe-
tent jurisdiction. The [board] OFFICE shall deposit the assessment in an
escrow account pending the expiration of the three year statute of limi-
tations authorized by subdivision three of this section to preserve such
funds to satisfy a civil judgment in favor of a person who is a victim
of a crime committed by the convicted person to whom such failure to
give notice relates. The [board] OFFICE shall pay the civil penalty to
the state comptroller who shall deposit the 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.
(ii) The [board] OFFICE shall then notify any crime victim or crime
victims, who may have a claim against the convicted person, of the
existence of such moneys. Such notice shall instruct such person or
persons that they may have a right to commence a civil action against
the convicted person, as well as any other information deemed necessary
by the [board] OFFICE.
(iii) Upon a crime victim's presentation to the [board] OFFICE of a
civil judgment for damages incurred as a result of the crime, the
[board] OFFICE shall satisfy up to one hundred percent of that judgment,
including costs and disbursements as taxed by the clerk of the court,
with the escrowed fund obtained pursuant to this paragraph, but in no
event shall the amount of all judgments, costs and disbursements satis-
fied from such escrowed funds exceed the amount in escrow. If more than
one such crime victim indicates to the [board] OFFICE that they intend
to commence or have commenced a civil action against the convicted
person, the [board] OFFICE shall delay satisfying any judgment, costs
and disbursements until the claims of all such crime victims are reduced
S. 6606--A 55 A. 9706--A
to judgment. If the aggregate of all judgments, costs and disbursement
obtained exceeds the amount of escrowed funds, the amount used to
partially satisfy each judgment shall be reduced to a pro rata share.
(iv) After expiration of the three year statute of limitations period
established in subdivision three of this section, the [board] OFFICE
shall review all judgments that have been satisfied from such escrowed
funds. In the event no claim was filed or judgment obtained prior to the
expiration of the three year statute of limitations, the [board] OFFICE
shall return the escrowed amount to the respondent. In the event a claim
or claims are pending at the expiration of the statute of limitations,
such funds shall remain escrowed until the final determination of all
such claims to allow the [board] OFFICE to satisfy any judgment which
may be obtained by the crime victim. Upon the final determination of all
such claims and the satisfaction of up to one hundred percent of such
claims by the [board] OFFICE, the [board] OFFICE shall be authorized to
impose an additional civil penalty of up to one thousand dollars or ten
percent of the payment or obligation to pay, whichever is greater. Prior
to imposing any such penalty, the [board] OFFICE shall serve a notice
upon the respondent by personal service or by registered or certified
mail of the intent of the [board] OFFICE to impose such penalty thirty
days after the date of the notice and of the opportunity to submit
documentation concerning the [board's] OFFICE'S determination. After
imposing and deducting any such additional civil penalty, the [board]
OFFICE shall distribute such remaining escrowed funds, if any, as
follows: fifty percent to the state comptroller, who shall deposit the
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; and fifty percent to the respondent.
(v) Notwithstanding any provision of law, an alleged failure by a
convicted person to give notice under this section may not result in
proceedings for an alleged violation of the conditions of probation,
parole, conditional release, post release supervision or supervised
release unless: one or more claims were made by a crime victim against
the convicted person pursuant to this section, and the crime victims
[board] OFFICE imposes an assessment and/or penalty upon the convicted
person pursuant to this section, and the convicted person fails to pay
the total amount of the assessment and/or penalty within sixty days of
the imposition of such assessment and/or penalty.
(vi) Records maintained by the [board] OFFICE and proceedings by the
[board or a board member] OFFICE based thereon regarding a claim submit-
ted by a victim or a claimant shall be deemed confidential, subject to
the exceptions that appear in subdivision one of section six hundred
thirty-three of this article.
S 101-i. Section 633 of the executive law, as added by chapter 64 of
the laws of 1998, is amended to read as follows:
S 633. Confidentiality of records. 1. Records maintained by the
[board] OFFICE and proceedings by THE OFFICE OR the board [or a board
member] based thereon regarding a claim submitted by a victim or a
claimant shall be deemed confidential with the following exceptions:
(a) requests for information based upon legitimate criminal justice
purposes;
(b) judicial subpoenas;
(c) requests for information by the victim or claimant or his or her
authorized representative;
S. 6606--A 56 A. 9706--A
(d) for purposes necessary and proper for the administration of this
article.
2. All other records, including but not limited to, records maintained
pursuant to sections six hundred thirty-one-a and six hundred thirty-
two-a of this article and proceedings by THE OFFICE OR the board [or a
board member] based thereon shall be public record.
3. Any report or record obtained by the board OR OFFICE, the confiden-
tiality of which is protected by any other law or regulation, shall
remain confidential subject to such law or regulation.
S 101-j. Section 634 of the executive law, as amended by chapter 513
of the laws of 1982, subdivision 1 as amended and subdivision 6 as added
by chapter 477 of the laws of 1986, paragraph (c) of subdivision 1 as
amended by chapter 397 of the laws of 1993, is amended to read as
follows:
S 634. Subrogation. 1. (a) Acceptance of an award made pursuant to
this article shall subrogate the state, to the extent of such award, to
any right or right of action accruing to the claimant or the victim to
recover payments on account of losses resulting from the crime with
respect to which the award is made. Upon the payment of an award, the
[board] OFFICE may, by writing, notify the claimant that such claimant
has ninety days, or thirty days prior to the date of expiration of the
applicable statute of limitations, whichever period is shorter, within
which to commence an action against his assailant or any third party
who, as a result of the crime, may be liable in damages to the claimant.
If the claimant fails to commence an action within the time provided
herein, such failure shall, after written notification by the [board]
OFFICE to the claimant, operate as an assignment of the claimant's cause
of action against the assailant or such other third party to the state;
provided, however, that should the claimant's cause of action be in an
amount in excess of the [board's] OFFICE'S award, such assignment shall
be for only that portion of the cause of action which equals the amount
of the award.
(b) The [crime victims board] OFFICE OF VICTIM SERVICES shall review
those claims that have been approved by the [board] OFFICE and that have
resulted in an award in excess of one thousand dollars for the purpose
of identifying those causes of action that are likely to result in
recovery of the state's payment to the victim. The [board] OFFICE shall
submit a list of these claims on a monthly basis to the attorney general
with all necessary information relating to the case including whether
the [claiment's] CLAIMANT'S cause of action has been assigned to the
[board] OFFICE.
(c) The attorney general may commence an action against the defendant
convicted of the crime or third party for money damages to the extent of
the award paid, and the claimant shall retain a right of action, subject
to defenses, to recover damages for the full amount of loss incurred by
him as a result of the crime less the amount assigned to the state by
operation of this subdivision. Notwithstanding any other provision of
law, an action brought by the attorney general pursuant to this para-
graph against the defendant convicted of the crime must be commenced
within seven years of the crime or pursuant to the time frames author-
ized in subdivision three of section six hundred thirty-two-a of this
article. A claimant who retains such right of action shall be permitted
to intervene in any action brought pursuant to this subdivision by the
attorney general. Any action brought by the attorney general may be
compromised or settled provided the attorney general and the [board]
OFFICE find that such action is in the best interests of the state.
S. 6606--A 57 A. 9706--A
2. Acceptance of an award made pursuant to this article shall create a
lien in favor of the state on the proceeds of any recovery from the
person or persons liable for the injury or death giving rise to the
award by the [board] OFFICE, whether by judgment, settlement or other-
wise, after the deduction of the reasonable and necessary expenditures,
including attorney's fees, incurred in effecting such recovery, to the
total amount of the award made by the [board] OFFICE. Such lien shall
attach to any moneys received or to be received by the claimant or
victim on account of losses resulting from the crime. Should the claim-
ant or victim secure a recovery from the person or persons liable for
the injury or death giving rise to the award by the [board] OFFICE,
whether by judgment, settlement or otherwise, such claimant may, upon
notice to the [board] OFFICE, apply to the court in which the action was
instituted, or to any court of competent jurisdiction if no action was
instituted, for an order apportioning the reasonable and necessary
expenditures, including attorney's fees, incurred in effecting such
recovery. Such expenditures shall be equitably apportioned by the court
between the claimant and the [board] OFFICE. A copy of such lien shall
be mailed to the clerk of the county within which the crime occurred and
such clerk will file the copy in accordance with the duties of such
clerk as set forth in section five hundred twenty-five of the county
law. The amount of such lien may be compromised or settled by the
[board] OFFICE provided the [board] OFFICE finds that such action is in
the best interests of the state, or payment of the full amount of the
lien to the state would cause undue hardship for the victim.
3. Any claimant who has received an award under this article, or his
guardian, judicially appointed personal representative, or his estate,
who brings an action for damages against the person or persons liable
for the injury or death giving rise to an award by the [board] OFFICE
under this article shall give written notice to the [board] OFFICE of
the commencement of such action at the time such action is commenced.
Such notice shall be served personally or by certified mail, return
receipt requested.
4. The attorney general may intervene, as of right, in any such action
on behalf of the state of New York for the purpose of recovering the
subrogated interest due the state of New York under the provisions of
this article.
5. The [board] COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR, shall
adopt rules and regulations to carry out the provisions and purposes of
this section.
6. The [board] OFFICE shall compile information on the number of cases
submitted to the attorney general, the number of actions instituted by
the attorney general to recover payments made to crime victims, the
dollar amount of recoveries made in such actions both on behalf of the
state and any awards made to victims who intervene in such actions. The
[board] DIVISION shall include this information, and any recommendations
to the governor and legislature to improve the collection of awards, in
its annual report.
S 102. Subdivisions 1 and 2 of section 631-a of the executive law,
subdivision 1 as added by chapter 688 of the laws of 1985 and subdivi-
sion 2 as amended by chapter 263 of the laws of 1986, are amended to
read as follows:
1. The [crime victims board] DIVISION shall make grants, within
amounts appropriated for that purpose, for crime victim service programs
to provide services to crime victims and witnesses. These programs shall
be operated at the community level by not-for-profit organizations, by
S. 6606--A 58 A. 9706--A
agencies of local government or by any combination thereof. Crime victim
service programs may be designed to serve crime victims and witnesses in
general in a particular community, or may be designed to serve a catego-
ry of persons with special needs relating to a particular kind of crime.
2. The [crime victims board] COMMISSIONER, IN CONSULTATION WITH THE
DIRECTOR, shall promulgate regulations, relating to these grants,
including guidelines for its determinations.
(a) These regulations shall be designed to promote:
(i) alternative funding sources other than the state, including local
government and private sources;
(ii) coordination of public and private efforts to aid crime victims;
and
(iii) long range development of services to all victims of crime in
the community and to all victims and witnesses involved in criminal
prosecutions.
(b) These regulations shall also provide for services including, but
not limited to:
(i) assistance to claimants seeking crime victims compensation bene-
fits;
(ii) referrals, crisis intervention and other counseling services;
(iii) services to elderly victims and to child victims and their fami-
lies;
(iv) transportation and household assistance; and
(v) outreach to the community and education and training of law
enforcement and other criminal justice officials to the needs of crime
victims.
S 103. Subdivision 1 of section 640 of the executive law, as amended
by chapter 414 of the laws of 1985, is amended to read as follows:
1. The commissioner of the division of criminal justice services, in
consultation with the [chairman of the crime victims board] DIRECTOR and
other appropriate officials, shall promulgate standards for the treat-
ment of the innocent victims of crime by the agencies which comprise the
criminal justice system of the state.
S 104. The article heading of article 22 of the executive law, as
amended by chapter 17 of the laws of 1982, is amended to read as
follows:
[CRIME VICTIMS BOARD] OFFICE OF VICTIM SERVICES
S 105. Section 644 of the executive law, as added by chapter 94 of the
laws of 1984, is amended to read as follows:
S 644. Implementation. The commissioner of the division of criminal
justice services and the [chairman of the crime victims board] DIRECTOR
OF THE OFFICE OF VICTIM SERVICES shall assist criminal justice agencies
in implementing the guidelines promulgated by the commissioner.
S 106. Section 645 of the executive law, as added by chapter 893 of
the laws of 1986, is amended to read as follows:
S 645. Fair treatment standards for crime victims in the courts. The
chief administrator of the courts, in consultation with the commissioner
of the division of criminal justice services, the [chairman of the crime
victims board] DIRECTOR OF THE OFFICE OF VICTIM SERVICES and other
appropriate officials, shall promulgate standards for the treatment of
the innocent victims of crime by the unified court system. These stand-
ards shall conform to and be consistent with the regulations promulgated
pursuant to section six hundred forty of this article.
S 107. Subdivisions 1, 3 and 4 of section 646-a of the executive law,
subdivisions 1 as amended and 4 as added by chapter 173 of the laws of
S. 6606--A 59 A. 9706--A
2006 and subdivision 3 as added by chapter 67 of the laws of 1994, are
amended to read as follows:
1. The district attorney shall provide the victim, at the earliest
time possible, with an informational pamphlet detailing the rights of
crime victims which shall be prepared by the division of criminal
justice services in [cooperation with the crime victims board,] CONSUL-
TATION WITH THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES and distrib-
uted to each district attorney's office.
3. This pamphlet shall provide space for the insertion of the follow-
ing information:
(a) the address and phone number of the [nearest crime victims board]
office OF VICTIM SERVICES;
(b) the address and phone numbers of local victim service programs,
where appropriate;
(c) the name, phone number and office location of the person in the
district attorney's office to whom inquiries concerning the victims case
may be directed; and
(d) any other information the division deems appropriate.
4. (a) The commissioner of the division of criminal justice services
in [cooperation] CONSULTATION with the [crime victims board] DIRECTOR OF
THE OFFICE OF VICTIM SERVICES shall develop and prepare a standardized
form for the use of district attorney offices for the purpose of report-
ing compliance with this section. The form is to be distributed to each
district attorney. Every district attorney's office in the state shall
complete the reporting form annually and send it to the [chair of the
crime victims board] DIRECTOR OF THE OFFICE OF VICTIM SERVICES by the
first day of January each year subsequent to the effective date of this
subdivision.
(b) A copy of the report shall be retained by the district attorney
and upon request, a victim of a crime or relative of a victim shall be
entitled to receive from the district attorney a copy of their district
attorney's annual report without charge. Any other person requesting a
copy of the report shall pay a fee not to exceed the actual cost of
reproduction.
S 108. Paragraph (a) of subdivision 2 and subdivision 3-a of section
844-b of the executive law, paragraph (a) of subdivision 2 as amended by
chapter 393 of the laws of 1995 and subdivision 3-a as added by chapter
626 of the laws of 1997, are amended to read as follows:
(a) The committee shall consist of a representative of the commission-
er, representative of the superintendent of the New York state police,
two representatives of the New York state sheriffs association, two
representatives of the New York state association of chiefs of police,
two representatives of the New York state district attorneys' associ-
ation, a representative of the attorney general, a representative of the
[chairperson of the crime victims board] DIRECTOR OF THE OFFICE OF
VICTIM SERVICES, a representative of the director of the state office
for the aging, a representative of the commissioner of social services,
a representative of the commissioner of the New York city police depart-
ment, a representative of the New York state crime prevention coalition
and two elderly representatives one to be appointed by the temporary
president of the senate and the other by the speaker of the assembly.
The commissioner shall make appointments to the committee in accordance
with nominations submitted by the relevant agencies or organizations.
Each member of the committee shall be appointed by the commissioner to
serve a two year term. Any member appointed by the commissioner may be
reappointed for additional terms. Any vacancies shall be filled in the
S. 6606--A 60 A. 9706--A
same manner as the original appointment and vacancies created otherwise
than by expiration of term shall be filled for the remainder of that
unexpired term.
3-a. Reports. On or before March first, nineteen hundred ninety-eight
and annually thereafter the committee shall report to the temporary
president of the senate, the speaker of the assembly, the chair of the
assembly committee on aging and the chair of the senate committee on
aging, on the incidence of reports of abuse of elderly persons. Such
report shall consist of information from reports forwarded to the
committee by local law enforcement agencies pursuant to section 140.10
of the criminal procedure law including number of reported incidents,
ages of victims and alleged offenders, circumstances of the incident
whether arrests were made and the sentence, if any, of the offenders.
Such report shall also recommend policies and programs to aid law
enforcement agencies, the courts and the New York state [crime victims
board] OFFICE OF VICTIM SERVICES in efforts to assist elder victims of
domestic violence. The report shall also include recommendations
designed to assist law enforcement agencies in implementing "Triad
Programs".
S 109. Intentionally omitted.
S 110. Subdivision 12-g of section 8 of the state finance law, as
added by chapter 62 of the laws of 2001, is amended to read as follows:
12-g. Notwithstanding any other provision of the court of claims act
or any other law to the contrary, thirty days before the comptroller
issues a check for payment to an inmate serving a sentence of imprison-
ment with the state department of correctional services or to a prisoner
confined at a local correctional facility for any reason, including a
payment made in satisfaction of any damage award in connection with any
lawsuit brought by or on behalf of such inmate or prisoner against the
state or any of its employees in federal court or any other court, the
comptroller shall give written notice, if required pursuant to subdivi-
sion two of section six hundred thirty-two-a of the executive law, to
the [state crime victims board] OFFICE OF VICTIM SERVICES that such
payment shall be made thirty days after the date of such notice.
S 111. Subdivision 3 of section 97-bb of the state finance law, as
amended by section 1 of part A of chapter 56 of the laws of 2009, is
amended to read as follows:
3. Monies of the criminal justice improvement account, following
appropriation by the legislature and allocation by the director of the
budget shall be made available for local assistance services and
expenses of programs to provide services to crime victims and witnesses,
including operations of the [crime victims board] OFFICE OF VICTIM
SERVICES, and for payments to victims in accordance with the federal
crime control act of 1984, as administered pursuant to article twenty-
two of the executive law.
S 112. Paragraph (c) of subdivision 1 of section 2805-i of the public
health law, as added by chapter 571 of the laws of 2007, is amended to
read as follows:
(c) offering and making available appropriate HIV post-exposure treat-
ment therapies in cases where it has been determined, in accordance with
guidelines issued by the commissioner, that a significant exposure to
HIV has occurred, and informing the victim that payment assistance for
such therapies may be available from the [crime victims board] OFFICE OF
VICTIM SERVICES pursuant to the provisions of article twenty-two of the
executive law.
S. 6606--A 61 A. 9706--A
S 113. Section 70 of the general municipal law, as amended by chapter
62 of the laws of 2001, is amended to read as follows:
S 70. Payment of judgments against municipal corporation. When a final
judgment for a sum of money shall be recovered against a municipal
corporation, and the execution thereof shall not be stayed pursuant to
law, or the time for such stay shall have expired, the treasurer or
other financial officer of such corporation having sufficient moneys in
his hands belonging to the corporation not otherwise specifically appro-
priated, shall pay such judgment upon the production of a certified copy
of the docket thereof. Notwithstanding the provisions of any other law
to the contrary, in any case where payment for any reason is to be made
to an inmate serving a sentence of imprisonment with the state depart-
ment of correctional services or to a prisoner confined at a local
correctional facility, the treasurer or other financial officer shall
give written notice, if required pursuant to subdivision two of section
six hundred thirty-two-a of the executive law, to the [state crime
victims board] OFFICE OF VICTIM SERVICES that such payment shall be made
thirty days after the date of such notice.
S 114. Intentionally omitted.
S 115. Paragraph (b) of subdivision 4 of section 60.27 of the penal
law, as amended by chapter 619 of the laws of 2002, is amended to read
as follows:
(b) the term "victim" shall include the victim of the offense, the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was used
in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
person who has suffered a financial loss as a direct result of the acts
of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
190.83 of this chapter, a good samaritan as defined in section six
hundred twenty-one of the executive law and the [crime victims' board]
OFFICE OF VICTIM SERVICES or other governmental agency that has received
an application for or has provided financial assistance or compensation
to the victim.
S 116. Section 116 of the correction law, as amended by chapter 62 of
the laws of 2001, is amended to read as follows:
S 116. Inmates' funds. The warden or superintendent of each of the
institutions within the jurisdiction of the department of correction
shall deposit at least once in each week to his credit as such warden,
or superintendent, in such bank or banks as may be designated by the
comptroller, all the moneys received by him as such warden, or super-
intendent, as inmates' funds, and send to the comptroller and also to
the commissioner of correction monthly, a statement showing the amount
so received and deposited. Such statement of deposits shall be certified
by the proper officer of the bank receiving such deposit or deposits.
The warden, or superintendent, shall also verify by his affidavit that
the sum so deposited is all the money received by him as inmates' funds
during the month. Any bank in which such deposits shall be made shall,
before receiving any such deposits, file a bond with the comptroller of
the state, subject to his approval, for such sum as he shall deem neces-
sary. Upon a certificate of approval issued by the director of the budg-
et, pursuant to the provisions of section fifty-three of the state
finance law, the amount of interest, if any, heretofore accrued and
hereafter to accrue on moneys so deposited, heretofore and hereafter
credited to the warden, or superintendent, by the bank from time to
time, shall be available for expenditure by the warden, or superinten-
S. 6606--A 62 A. 9706--A
dent, subject to the direction of the commissioner, for welfare work
among the inmates in his custody. The withdrawal of moneys so deposited
by such warden, or superintendent, as inmates' funds, including any
interest so credited, shall be subject to his check. Each warden, or
superintendent, shall each month provide the comptroller and also the
commissioner with a record of all withdrawals from inmates' funds. As
used in this section, the term "inmates' funds" means the funds in the
possession of the inmate at the time of his admission into the institu-
tion, funds earned by him as provided in section one hundred eighty-sev-
en of this chapter and any other funds received by him or on his behalf
and deposited with such warden or superintendent in accordance with the
rules and regulations of the commissioner. Whenever the total unencum-
bered value of funds in an inmate's account exceeds ten thousand
dollars, the superintendent shall give written notice to the [state
crime victims board] OFFICE OF VICTIM SERVICES.
S 117. Subdivisions 7 and 8 of section 500-c of the correction law, as
added by chapter 62 of the laws of 2001, are amended to read as follows:
7. A sheriff, the New York city commissioner of correction, or the
Westchester county commissioner of correction, as the case may be, shall
maintain an institutional fund account on behalf of every lawfully
sentenced inmate or prisoner in his custody and shall for the benefit of
the person make deposits into said accounts of any prisoner funds. As
used in this section, the term "prisoner funds" means (i) funds in the
possession of the prisoner at the time of admission into the institu-
tion; (ii) funds earned by a prisoner as provided in section one hundred
eighty-seven of this chapter; and (iii) any other funds received by or
on behalf of the prisoner and deposited with such sheriff or municipal
official in accordance with the written procedures established by the
commission. Whenever the total value of unencumbered funds in a prison-
er's account exceeds ten thousand dollars, such sheriff or official
shall give written notice to the [state crime victims board] OFFICE OF
VICTIM SERVICES.
8. A sheriff, the New York city commissioner of correction, or the
Westchester county commissioner of correction, as the case may be, shall
provide written notice to all inmates serving a definite sentence for a
specified crime defined in paragraph (e) of subdivision one of section
six hundred thirty-two-a of the executive law who may be subject to any
requirement to report to the [crime victims board] OFFICE OF VICTIM
SERVICES any funds of a convicted person as defined in section six
hundred thirty-two-a of the executive law, the procedures for such
reporting and any potential penalty for a failure to comply.
S 118. Section 837-a of the executive law is amended by adding a new
subdivision 10 to read as follows:
10. PRESENT TO THE GOVERNOR AND TO THE LEGISLATURE, ON OR BEFORE
DECEMBER THIRTY-FIRST OF EACH YEAR, A REPORT ON THE ACTIVITIES OF THE
OFFICE OF VICTIM SERVICES, INCLUDING, BUT NOT LIMITED TO, SPECIFIC
INFORMATION ON THE MATTER IN WHICH THE RIGHTS, NEEDS AND INTERESTS OF
CRIME VICTIMS ARE BEING ADDRESSED BY THE STATE'S CRIMINAL JUSTICE
SYSTEM; INFORMATION TRANSMITTED UNDER SUBDIVISION FIVE OF SECTION 390.30
OF THE CRIMINAL PROCEDURE LAW AND SUBDIVISION SEVEN OF SECTION 351.1 OF
THE FAMILY COURT ACT WHICH THE OFFICE SHALL COMPILE, REVIEW AND MAKE
RECOMMENDATIONS ON HOW TO PROMOTE THE USE OF RESTITUTION AND ENCOURAGE
ITS ENFORCEMENT; AND INFORMATION RELATING TO THE IMPLEMENTATION OF AND
COMPLIANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER BY THE CRIMINAL
JUSTICE AGENCIES AND THE "CRIME VICTIM-RELATED AGENCIES" OF THE STATE.
S. 6606--A 63 A. 9706--A
S 119. Subdivision 3 of section 410.10 of the criminal procedure law,
as added by chapter 62 of the laws of 2001, is amended to read as
follows:
3. When the court pronounces a sentence of probation or conditional
discharge for a specified crime defined in paragraph (e) of subdivision
one of section six hundred thirty-two-a of the executive law, in addi-
tion to specifying the conditions of the sentence, the court shall
provide written notice to such defendant concerning any requirement to
report to the [crime victims board] OFFICE OF VICTIM SERVICES funds of a
convicted person as defined in section six hundred thirty-two-a of the
executive law, the procedures for such reporting and any potential
penalty for a failure to comply.
S 120. Section 2222-a of the surrogate's court procedure act, as added
by chapter 62 of the laws of 2001, is amended to read as follows:
S 2222-a. Notice of legacy or distributive share payable to inmate or
prisoner
Where the legatee, distributee or beneficiary is an inmate serving a
sentence of imprisonment with the state department of correctional
services or a prisoner confined at a local correctional facility, the
court shall give prompt written notice to the [state crime victims
board] OFFICE OF VICTIM SERVICES, and at the same time direct that no
payment be made to such inmate or prisoner for a period of thirty days
following the date of entry of the order containing such direction.
S 121. Subdivision 6-a of section 20 of the court of claims act, as
added by chapter 62 of the laws of 2001, is amended to read as follows:
6-a. Notwithstanding the provisions of subdivisions five, five-a and
six of this section, in any case where a judgment or any part thereof is
to be paid to an inmate serving a sentence of imprisonment with the
state department of correctional services or to a prisoner confined at a
local correctional facility, the comptroller shall give written notice,
if required pursuant to subdivision two of section six hundred thirty-
two-a of the executive law, to the [state crime victims board] OFFICE OF
VICTIM SERVICES that such judgment shall be paid thirty days after the
date of such notice.
S 122. Subdivision 11 of section 1311 of the civil practice law and
rules, as added by chapter 655 of the laws of 1990, is amended to read
as follows:
11. (a) Any stipulation or settlement agreement between the parties to
a forfeiture action shall be filed with the clerk of the court in which
the forfeiture action is pending. No stipulation or settlement agreement
shall be accepted for filing unless it is accompanied by an affidavit
from the claiming authority that written notice of the stipulation or
settlement agreement, including the terms of such, has been given to the
[state crime victims board] OFFICE OF VICTIM SERVICES, the state divi-
sion of criminal justice services, and in the case of a forfeiture based
on a felony defined in article two hundred twenty or section 221.30 or
221.55 of the penal law, to the state division of substance abuse
services.
(b) No judgment or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit from the claiming authority
that written notice of judgment or order, including the terms of such,
has been given to the [state crime victims board] OFFICE OF VICTIM
SERVICES, the state division of criminal justice services, and in the
case of a forfeiture based on a felony defined in article two hundred
twenty or section 221.30 or 221.55 of the penal law, to the state divi-
sion of substance abuse services.
S. 6606--A 64 A. 9706--A
(c) Any claiming authority or claiming agent which receives any prop-
erty pursuant to chapter thirteen of the food and drug laws (21 U.S.C.
S801 et seq.) of the United States and/or chapter four of the customs
duties laws (19 U.S.C. S1301 et seq.) of the United States and/or chap-
ter 96 of the crimes and criminal procedure laws (18 U.S.C. S1961 et
seq.) of the United States shall provide an affidavit to the commission-
er of the division of criminal justice services stating the estimated
present value of the property received.
S 123. Subdivision 4 of section 1349 of the civil practice law and
rules, as added by chapter 655 of the laws of 1990, is amended to read
as follows:
4. The claiming authority shall report the disposal of property and
collection of assets pursuant to this section to the [state crime
victims board] OFFICE OF VICTIM SERVICES, the state division of criminal
justice services and the state division of substance abuse services.
S 124. Subdivision (d) of section 4510 of the civil practice law and
rules, as added by chapter 432 of the laws of 1993, is amended to read
as follows:
(d) Limitation on waiver. A client who, for the purposes of obtaining
compensation under article twenty-two of the executive law or insurance
benefits, authorizes the disclosure of any privileged communication to
an employee of the [crime victims board] OFFICE OF VICTIM SERVICES or an
insurance representative shall not be deemed to have waived the privi-
lege created by this section.
S 125. Section 5011 of the civil practice law and rules, as amended by
chapter 62 of the laws of 2001, is amended to read as follows:
S 5011. Definition and content of judgment. A judgment is the determi-
nation of the rights of the parties in an action or special proceeding
and may be either interlocutory or final. A judgment shall refer to, and
state the result of, the verdict or decision, or recite the default upon
which it is based. A judgment may direct that property be paid into
court when the party would not have the benefit or use or control of
such property or where special circumstances make it desirable that
payment or delivery to the party entitled to it should be withheld. In
any case where damages are awarded to an inmate serving a sentence of
imprisonment with the state department of correctional services or to a
prisoner confined at a local correctional facility, the court shall give
prompt written notice to the [state crime victims board] OFFICE OF
VICTIM SERVICES, and at the same time shall direct that no payment be
made to such inmate or prisoner for a period of thirty days following
the date of entry of the order containing such direction.
S 126. Intentionally omitted.
S 127. Subdivision 2 of section 459-b of the real property tax law, as
added by chapter 269 of the laws of 1996, is amended to read as follows:
2. To qualify as a physically disabled crime victim or good samaritan
for the purposes of this section, an individual shall submit to the
assessor a certified statement from a physician licensed to practice in
the state of New York on a form prescribed and made available by the
state board which states that the individual has a permanent physical
impairment which substantially limits one or more of such individual's
major life activities, except that an individual who has obtained a
certificate from the state commission for the blind and visually hand-
icapped stating that such individual is legally blind may submit such
certificate in lieu of a physician's certified statement. In addition, a
copy of a police report pertaining to the crime from which the injury
resulted, a report from the [crime victims board] OFFICE OF VICTIM
S. 6606--A 65 A. 9706--A
SERVICES or other evidence or documentation which would tend to substan-
tiate that a physical disability was inflicted upon an individual as the
result of a crime shall also be submitted to the assessor.
S 128. Paragraph 2 of subdivision c of section 17-193 of the adminis-
trative code of the city of New York, as added by local law number 62 of
the city of New York for the year 2007, is amended to read as follows:
2. contact information for the New York state [crime victims board]
OFFICE OF VICTIM SERVICES and information indicating how such owner,
resident or occupant can apply to such [board] OFFICE for financial
assistance to help cover the cost of professional clean up of a trauma
scene, including how application forms can be obtained at the [board's]
OFFICE'S local office or website;
S 129. This act shall take effect on April 1, 2010; provided, however,
that:
(a) the amendments to paragraphs a, b, e and i of subdivision 1 of
section 261 of the executive law made by section twenty-five of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith;
(b) the amendments to subdivisions 1 and 5 of section 410.92 of the
criminal procedure law made by sections twenty-seven and twenty-eight of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith;
(c) the amendments to the opening paragraph of paragraph (b) of subdi-
vision 6 of section 1198 of the vehicle and traffic law made by section
thirty-three of this act shall not affect the repeal of such section and
shall be deemed repealed therewith;
(d) the amendments to section 252-a of the family court act made by
section forty-five of this act shall not affect the expiration of such
section and shall be deemed to expire therewith;
(e) the amendments to subdivisions 5 and 6 of section 257-c of the
executive law made by section fifty-one-a of this act shall not affect
the expiration of such section and shall expire therewith;
(f) the amendments to subdivision (a) of section 483-ee of the social
services law made by section seventy-six of this act shall not affect
the repeal of such section and shall be deemed repealed therewith; and
(g) the amendments to subdivisions 7 and 8 of section 500-c of the
correction law made by section one hundred seventeen of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith.
PART B
Section 1. Section 20 of the executive law, as added by chapter 640 of
the laws of 1978, paragraph a of subdivision 2 as amended by chapter 781
of the laws of 1988, is amended to read as follows:
S 20. Natural and man-made disasters; policy; definitions. 1. It shall
be the policy of the state that:
a. local government and emergency service organizations continue their
essential role as the first line of defense in times of disaster, and
that the state provide appropriate supportive services to the extent
necessary;
b. local chief executives take an active and personal role in the
development and implementation of disaster preparedness programs and be
vested with authority and responsibility in order to insure the success
of such programs;
S. 6606--A 66 A. 9706--A
c. state and local natural disaster and emergency response functions
be coordinated USING RECOGNIZED PRACTICES IN INCIDENT MANAGEMENT in
order to bring the fullest protection and benefit to the people;
d. state resources be organized and prepared for immediate effective
response to disasters which are beyond the capability of local govern-
ments and emergency service organizations; and
e. state and local plans, organizational arrangements, and response
capability required to execute the provisions of this article shall at
all times be the most effective that current circumstances and existing
resources allow.
2. As used in this article the following terms shall have the follow-
ing meanings:
a. "disaster" means occurrence or imminent threat of wide spread or
severe damage, injury, or loss of life or property resulting from any
natural or man-made causes, including, but not limited to, fire, flood,
earthquake, hurricane, tornado, high water, landslide, mudslide, wind,
storm, wave action, volcanic activity, epidemic, air contamination,
TERRORISM, CYBER EVENT, blight, drought, infestation, explosion, radio-
logical accident, NUCLEAR, CHEMICAL, BIOLOGICAL, OR BACTERIOLOGICAL
RELEASE, water contamination, bridge failure or bridge collapse.
b. "state disaster emergency" means a period beginning with a declara-
tion by the governor that a disaster exists and ending upon the termi-
nation thereof.
c. "municipality" means a public corporation as defined in subdivision
one of section sixty-six of the general construction law and a special
district as defined in subdivision sixteen of section one hundred two of
the real property tax law.
d. "commission" means the disaster preparedness commission created
pursuant to section twenty-one of this article.
e. "emergency services organization" means a public or private agency,
VOLUNTARY organization or group organized and functioning for the
purpose of providing fire, medical, ambulance, rescue, housing, food or
other services directed toward relieving human suffering, injury or loss
of life or damage to property as a result of an emergency, including
non-profit and governmentally-supported organizations, but excluding
governmental agencies.
f. "chief executive" means:
(1) a county executive or manager of a county;
(2) in a county not having a county executive or manager, the chairman
or other presiding officer of the county legislative body;
(3) a mayor of a city or village, except where a city or village has a
manager, it shall mean such manager; and
(4) a supervisor of a town, except where a town has a manager, it
shall mean such manager.
G. "DISASTER EMERGENCY RESPONSE PERSONNEL" MEANS AGENCIES, PUBLIC
OFFICERS, EMPLOYEES, OR AFFILIATED VOLUNTEERS HAVING DUTIES AND RESPON-
SIBILITIES UNDER OR PURSUANT TO A COMPREHENSIVE EMERGENCY MANAGEMENT
PLAN.
H. "EMERGENCY MANAGEMENT DIRECTOR" MEANS THE GOVERNMENT OFFICIAL
RESPONSIBLE FOR EMERGENCY PREPAREDNESS, RESPONSE AND RECOVERY FOR A
COUNTY, CITY, TOWN, OR VILLAGE.
S 2. Section 21 of the executive law, as added by chapter 640 of the
laws of 1978, subdivision 1 as amended by chapter 346 of the laws of
2002, subdivision 2 as amended by chapter 158 of the laws of 1994, para-
graph c of subdivision 3 as amended by chapter 42 of the laws of 2004,
and paragraphs f, g, h, i, and j of subdivision 3 as amended and para-
S. 6606--A 67 A. 9706--A
graph k of subdivision 3 as added by chapter 171 of the laws of 2006, is
amended to read as follows:
S 21. Disaster preparedness commission established; meetings; powers
and duties. 1. There is hereby created in the executive department a
disaster preparedness commission consisting of the commissioners of
transportation, health, division of criminal justice services, educa-
tion, social services, economic development, agriculture and markets,
housing and community renewal, general services, labor, environmental
conservation, mental health, PARKS, RECREATION AND HISTORIC PRESERVA-
TION, CORRECTIONAL SERVICES AND CHILDREN AND FAMILY SERVICES, the presi-
dent of the New York state energy research and development authority,
the superintendents of state police, insurance, banking, the secretary
of state, the state fire administrator, the [chair] CHAIRS of the public
service commission AND THE CRIME VICTIMS BOARD, the adjutant general,
the [director] DIRECTORS of the [state] OFFICES WITHIN THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES, THE office for technology, the
[chairman] CHAIRS of the thruway authority, THE METROPOLITAN TRANSPORTA-
TION AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, the chief
professional officer of the state coordinating chapter of the American
Red Cross and three additional members, to be appointed by the governor,
two of whom shall be chief executives. EACH MEMBER AGENCY MAY DESIGNATE
AN OFFICER OF THAT AGENCY, WITH RESPONSIBILITY FOR DISASTER PREPAREDNESS
MATTERS, WHO MAY REPRESENT THAT AGENCY ON THE COMMISSION. The COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
SERVE AS CHAIR OF THE COMMISSION, AND THE governor shall designate the
VICE chair of the commission. The members of the commission, except
those who serve ex officio, shall be allowed their actual and necessary
expenses incurred in the performance of their duties under this article
but shall receive no additional compensation for services rendered
pursuant to this article.
2. The commission, on call of the chairperson, shall meet at least
twice each year and at such other times as may be necessary. The agenda
and meeting place of all regular meetings shall be made available to the
public in advance of such meetings and all such meetings shall be open
to the public. The commission shall establish quorum requirements and
other rules and procedures regarding conduct of its meetings and other
affairs. [The adjutant general shall serve as secretary to the commis-
sion and provide staff services as may be necessary through the state
emergency management office.]
3. The commission shall have the following powers and responsibil-
ities:
a. study all aspects of man-made or natural disaster prevention,
response and recovery;
b. request and obtain from any state or local officer or agency any
information necessary to the commission for the exercise of its respon-
sibilities;
c. prepare [state disaster preparedness plans, to be approved by the
governor, and review such plans and report thereon] AND, AS APPROPRIATE,
REVISE A STATE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. THE COMMISSION
SHALL REPORT ALL REVISIONS TO SUCH PLAN by March thirty-first of each
year to the governor, the legislature and the chief judge of the state,
UNLESS A CURRENT VERSION OF THE PLAN IS AVAILABLE TO THE PUBLIC ON THE
WEBSITE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES. In
preparing such plans, the commission shall consult with federal and
local officials, emergency service organizations, and the public as it
deems appropriate. To the extent such plans impact upon administration
S. 6606--A 68 A. 9706--A
of the civil and criminal justice systems of the state, including their
operational and fiscal needs in times of disaster emergency, the commis-
sion, its staff and any working group, task force, agency or other
instrumentality to which it may delegate responsibility to assist it in
its duties shall consult with the chief administrator of the courts and
coordinate their preparation with him or her or with his or her repre-
sentatives;
d. prepare, keep current and distribute to chief executives and others
an inventory of programs directly relevant to prevention, minimization
of damage, readiness, operations during disasters, and recovery follow-
ing disasters;
e. direct state disaster operations and coordinate state disaster
operations with local disaster operations following the declaration of a
state disaster emergency;
f. unless it deems it unnecessary, create, following the declaration
of a state disaster emergency, a temporary organization in the disaster
area to provide for integration and coordination of efforts among the
various federal, state, municipal and private agencies involved. The
commission, upon a finding that a municipality is unable to manage local
disaster operations, may, with the approval of the governor, direct the
temporary organization to assume direction of the local disaster oper-
ations of such municipality, for a specified period of time, and in such
cases such temporary organization shall assume direction of such local
disaster operations, subject to the supervision of the commission. In
such event, such temporary organization may utilize such municipality's
local resources, provided, however, that the state shall not be liable
for any expenses incurred in using such municipality's resources;
g. assist in the coordination of federal recovery efforts and coordi-
nate recovery assistance by state and private agencies;
h. provide for periodic briefings, drills, exercises or other means to
assure that all state personnel with direct responsibilities in the
event of a disaster are fully familiar with response and recovery plans
and the manner in which they shall carry out their responsibilities, and
coordinate with federal, local or other state personnel. Such activities
may take place on a regional or county basis, and local and federal
participation shall be invited and encouraged;
i. submit to the governor, the legislature and the chief judge of the
state by March thirty-first of each year an annual report which shall
include but need not be limited to:
(1) a summary of commission and state agency activities for the year
and plans for the ensuing year with respect to the duties and responsi-
bilities of the commission;
(2) recommendations on ways to improve state and local capability to
prevent, prepare for, respond to and recover from disasters;
(3) the status of the state and local plans for disaster preparedness
and response, including the name of any locality which has failed or
refused to develop and implement its own disaster preparedness plan and
program; AND
j. [coordinate and, to the extent possible and feasible, integrate
commission activities, responsibilities and duties with those of the
civil defense commission; and
k.] develop public service announcements to be distributed to tele-
vision and radio stations and other media throughout the state informing
the public how to prepare and respond to disasters. Such public service
announcements shall be distributed in English and such other languages
as such commission deems appropriate.
S. 6606--A 69 A. 9706--A
4. ALL POWERS OF THE STATE CIVIL DEFENSE COMMISSION ARE ASSIGNED TO
THE COMMISSION.
5. THE OFFICE OF EMERGENCY MANAGEMENT WITHIN THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES SHALL SERVE AS THE STAFF ARM OF THE
COMMISSION AND SHALL BE RESPONSIBLE FOR IMPLEMENTING PROVISIONS OF THIS
ARTICLE AND THE RULES AND POLICIES ADOPTED BY THE COMMISSION.
S 3. Subdivision 3 of section 22 of the executive law, as added by
chapter 640 of the laws of 1978, subparagraph 8 of paragraph b as
amended by chapter 42 of the laws of 2004 and subparagraphs 14 and 15 of
paragraph b as amended and subparagraph 16 of paragraph b as added by
chapter 677 of the laws of 2006, is amended to read as follows:
3. Such plans shall be prepared with such assistance from other agen-
cies as the commission deems necessary, and shall include, but not be
limited to:
a. Disaster prevention AND MITIGATION. Plans to prevent and minimize
the effects of disasters shall include, but not be limited to:
(1) identification of [potential disasters and disaster sites] HAZARDS
AND ASSESSMENT OF RISK;
(2) recommended disaster prevention AND MITIGATION projects, policies,
priorities and programs, with suggested implementation schedules, which
outline federal, state and local roles;
(3) suggested revisions and additions to building and safety codes,
and zoning and other land use programs;
(4) suggested ways in which state agencies can provide technical
assistance to municipalities in the development of local disaster
prevention AND MITIGATION plans and programs;
(5) such other measures as reasonably can be taken to [prevent disas-
ters or mitigate their impact] PROTECT LIVES, PREVENT DISASTERS, AND
REDUCE THE IMPACT OF DISASTERS.
b. Disaster response. Plans to coordinate the use of resources and
manpower for service during and after disaster emergencies and to deliv-
er services to aid citizens and reduce human suffering resulting from a
disaster emergency shall include, but not be limited to:
(1) [centralized] coordination of resources, manpower and services,
USING RECOGNIZED PRACTICES IN INCIDENT MANAGEMENT AND utilizing existing
organizations and lines of authority and centralized direction of
requests for assistance;
(2) the location, procurement, construction, processing, transporta-
tion, storing, maintenance, renovation, distribution, DISPOSAL or use of
materials, INCLUDING THOSE DONATED, AND facilities and services;
(3) a system for warning populations who are or may be endangered;
(4) arrangements for activating state, municipal and volunteer forces,
through normal chains of command so far as possible and for continued
communication and reporting;
(5) a specific plan for rapid and efficient communication, and for the
integration of state communication facilities during a state disaster
emergency, including the assignment of responsibilities and the estab-
lishment of communication priorities, and liaison with municipal,
private and federal communication facilities;
(6) a plan for coordinated evacuation procedures, including the estab-
lishment of temporary housing and other necessary facilities;
(7) criteria for establishing priorities with respect to the restora-
tion of vital services and debris removal;
(8) plans for the continued effective operation of the civil and crim-
inal justice systems;
S. 6606--A 70 A. 9706--A
(9) provisions for training state and local government personnel and
volunteers in disaster response operations;
(10) providing information to the public;
(11) care for the injured and needy and identification and disposition
of the dead;
(12) utilization and coordination of programs to assist victims of
disasters, with particular attention to the needs of the poor, the
elderly, the [handicapped] DISABLED, and other groups which may be espe-
cially affected;
(13) control of ingress and egress to and from a disaster area;
(14) arrangements to administer federal disaster assistance;
(15) a system for obtaining and coordinating [disaster information]
SITUATIONAL AWARENESS including the centralized assessment of disaster
effects and resultant needs; and
(16) utilization and coordination of programs to assist individuals
with household pets and service animals following a disaster, with
particular attention to means of evacuation, shelter and transportation
options.
c. Recovery. Plans to provide for recovery and redevelopment after
disaster emergencies shall include, but not be limited to:
(1) measures to coordinate state agency assistance in recovery
efforts;
(2) arrangements to administer federal recovery assistance; and
(3) such other measures as reasonably can be taken to assist in the
development and implementation of local disaster recovery plans.
S 4. Section 23 of the executive law, as added by chapter 640 of the
laws of 1978, subdivision 1 as amended by chapter 603 of the laws of
1993, subdivision 5 and subparagraph 8 of paragraph b of subdivision 7
as amended by chapter 42 of the laws of 2004, and subparagraphs 16 and
17 of paragraph b of subdivision 7 as amended and subparagraph 18 of
paragraph b of subdivision 7 as added by chapter 677 of the laws of
2006, is amended to read as follows:
S 23. Local disaster preparedness plans. 1. Each county, except those
contained within the city of New York, and each city, town and village
is authorized to prepare [disaster preparedness] COMPREHENSIVE EMERGENCY
MANAGEMENT plans. The disaster preparedness commission shall provide
assistance and advice for the development of such plans. City, town and
village plans shall be coordinated with the county plan.
2. The purpose of such plans shall be to minimize the effect of disas-
ters by (i) identifying appropriate local measures to prevent disasters,
(ii) developing mechanisms to coordinate the use of local resources and
manpower for service during and after disasters and the delivery of
services to aid citizens and reduce human suffering resulting from a
disaster, and (iii) providing for recovery and redevelopment after
disasters.
3. Plans for coordination of resources, manpower and services shall
provide for a centralized coordination and direction of requests for
assistance.
4. Plans for coordination of assistance shall provide for utilization
of existing organizations and lines of authority.
5. In preparing such plans, cooperation, advice and assistance shall
be sought from local government officials, regional and local planning
agencies, police agencies, fire departments and fire companies, local
[civil defense] EMERGENCY MANAGEMENT agencies, commercial and volunteer
ambulance services, health and social services officials, community
action agencies, the chief administrator of the courts, organizations
S. 6606--A 71 A. 9706--A
for the elderly and the handicapped, other interested groups and the
general public. Such advice and assistance may be obtained through
public hearings held on public notice, or through other appropriate
methods.
6. All plans for [disaster preparedness] COMPREHENSIVE EMERGENCY
MANAGEMENT developed by local governments or any revisions thereto shall
be submitted to the commission by December thirty-first of each year to
facilitate state coordination of disaster operations.
7. Such plans shall include, but not be limited to:
a. Disaster prevention AND MITIGATION. Plans to prevent and minimize
the effects of disasters shall include, but not be limited to:
(1) [identification of potential disasters and disaster sites] IDEN-
TIFICATION OF HAZARDS AND ASSESSMENT OF RISK;
(2) recommended disaster prevention AND MITIGATION projects, policies,
priorities and programs, with suggested implementation schedules, which
outline federal, state and local roles;
(3) suggested revisions and additions to building and safety codes and
zoning and other land use programs;
(4) such other measures as reasonably can be taken to [prevent disas-
ters or mitigate their impact] PROTECT LIVES, PREVENT DISASTERS, AND
REDUCE THEIR IMPACT.
b. Disaster response. Plans to coordinate the use of resources and
manpower for service during and after disasters and to deliver services
to aid citizens and reduce human suffering resulting from a disaster
shall include, but not be limited to:
(1) centralized coordination of resources, manpower and services,
utilizing existing organizations and lines of authority and centralized
direction of requests for assistance;
(2) the location, procurement, construction, processing, transporta-
tion, storing, maintenance, renovation, distribution or use of materi-
als, facilities and services which may be required in time of disaster;
(3) a system for warning populations who are or may be endangered;
(4) arrangements for activating municipal and volunteer forces,
through normal chains of command so far as possible, and for continued
communication and reporting;
(5) a specific plan for rapid and efficient communication and for the
integration of local communication facilities during a disaster includ-
ing the assignment of responsibilities and the establishment of communi-
cation priorities and liaison with municipal, private, state and federal
communication facilities;
(6) a plan for coordination evacuation procedures including the estab-
lishment of temporary housing and other necessary facilities;
(7) criteria for establishing priorities with respect to the restora-
tion of vital services and debris removal;
(8) plans for the continued effective operation of the civil and crim-
inal justice systems;
(9) provisions for training local government personnel and volunteers
in disaster response operations;
(10) providing information to the public;
(11) care for the injured and needy and identification and disposition
of the dead;
(12) utilization and coordination of programs to assist victims of
disasters, with particular attention to the needs of the poor, the
elderly, the handicapped, and other groups which may be especially
affected;
(13) control of ingress and egress to and from a disaster area;
S. 6606--A 72 A. 9706--A
(14) arrangements to administer state and federal disaster assistance;
(15) procedures under which the county, city, town, village or other
political subdivision and emergency organization personnel and resources
will be used in the event of a disaster;
(16) a system for obtaining and coordinating disaster information
including the centralized assessment of local disaster effects and
resultant needs;
(17) continued operation of governments of political subdivisions; and
(18) utilization and coordination of programs to assist individuals
with household pets and service animals following a disaster, with
particular attention to means of evacuation, shelter and transportation
options.
c. Recovery. Local plans to provide for recovery and redevelopment
after disasters shall include, but not be limited to:
(1) recommendations for replacement, reconstruction, removal or relo-
cation of damaged or destroyed public or private facilities, proposed
new or amendments to zoning, subdivision, building, sanitary or fire
prevention regulations and recommendations for economic development and
community development in order to minimize the impact of any potential
future disasters on the community.
(2) provision for cooperation with state and federal agencies in
recovery efforts.
(3) provisions for training and educating local disaster officials or
organizations in the preparation of applications for federal and state
disaster recovery assistance.
S 5. Paragraph f of subdivision 1 of section 24 of the executive law,
as added by chapter 158 of the laws of 1994, is amended to read as
follows:
f. the establishment or designation of emergency shelters [and/or],
emergency medical shelters, AND IN CONSULTATION WITH THE STATE COMMIS-
SIONER OF HEALTH AND ALTERNATE MEDICAL CARE SITES;
S 6. Subdivisions 2 and 3 of section 26 of the executive law, subdivi-
sion 2 as added by chapter 640 of the laws of 1978 and subdivision 3 as
amended by chapter 158 of the laws of 1994, are amended to read as
follows:
2. Coordination of assistance shall utilize existing organizations and
lines of authority and shall utilize any [disaster preparedness or civil
defense plans] COMPREHENSIVE EMERGENCY MANAGEMENT PLANS prepared by the
affected municipality.
3. A chief executive or any elected or appointed county, city, town or
village official shall not be held responsible for acts or omissions of
municipal employees, disaster preparedness forces or civil defense forc-
es when performing disaster assistance pursuant to a declared disaster
emergency or when exercising [disaster preparedness] COMPREHENSIVE EMER-
GENCY MANAGEMENT plans.
S 7. Section 29-b of the executive law, as added by chapter 640 of the
laws of 1978, is amended to read as follows:
S 29-b. Use of [civil defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL in disasters. 1. The governor may, in his OR HER discretion,
direct the state [civil defense commission] DISASTER PREPAREDNESS
COMMISSION to conduct [a civil defense drill] AN EMERGENCY EXERCISE OR
DRILL, under its direction, in which all or any of the [civil defense
forces] PERSONNEL AND RESOURCES OF THE AGENCIES OF THE COMMISSION of the
state may be utilized to perform the duties assigned to them in a [civil
defense emergency] DISASTER, for the purpose of protecting and preserv-
ing human life or property in a disaster. [In such event, civil defense
S. 6606--A 73 A. 9706--A
forces] DURING A DISASTER OR SUCH DRILL OR EXERCISE, DISASTER EMERGENCY
RESPONSE PERSONNEL in the state shall operate under the direction and
command of the [state director of civil defense] CHAIR OF SUCH COMMIS-
SION, and shall possess the same powers, duties, rights, privileges and
immunities as are applicable in a civil defense drill held at the direc-
tion of the state civil defense commission under the provisions of the
New York state defense emergency act.
2. Local use of [civil defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL. a. Upon the threat or occurrence of a disaster, and during
and immediately following the same, and except as otherwise provided in
paragraph d of this subdivision, the county chief executive may direct
the [civil defense director] EMERGENCY MANAGEMENT DIRECTOR of a county
to assist in the protection and preservation of human life or property
by [holding a civil defense drill and training exercise at the scene of
the disaster and at any other appropriate places within the county, in
which all or any civil defense forces may be called upon] CALLING UPON
DISASTER EMERGENCY RESPONSE PERSONNEL EMPLOYED BY OR SUPPORTING THAT
COUNTY, AS SPECIFIED IN THE COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT
PLAN, to perform the [civil defense] EMERGENCY RESPONSE duties assigned
to them.
b. The [civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL of
the county shall be regarded as a reserve disaster force to be acti-
vated, in whole [in] OR in part, by the county [civil defense director]
EMERGENCY MANAGEMENT DIRECTOR upon the direction of the county chief
executive when the county chief executive, in his discretion, is
convinced that the personnel and resources of local municipal and
private agencies normally available for disaster assistance are insuffi-
cient adequately to cope with the disaster.
c. Except as provided in paragraph d of this subdivision, the county
chief executive may exercise the power conferred upon him in paragraph a
of this subdivision, or may deactivate the [civil defense forces] DISAS-
TER EMERGENCY RESPONSE PERSONNEL of the county in whole or in part, on
his own motion or upon the request of the chief executive officer of a
village, town or city located within the county of which he is an offi-
cer.
d. Where the local office of [civil defense] PUBLIC SAFETY OR EMERGEN-
CY MANAGEMENT in a city is independent of the county office of [civil
defense] PUBLIC SAFETY OR EMERGENCY MANAGEMENT and is not consolidated
therewith, the county chief executive may direct the [civil defense
director] EMERGENCY MANAGEMENT DIRECTOR of the county to render assist-
ance within such city only when the chief executive officer of such city
has certified to him that the [civil defense forces] DISASTER EMERGENCY
RESPONSE PERSONNEL of the city have been activated pursuant to the
provisions of subdivision three of this section and that all resources
available locally are insufficient adequately to cope with the disaster.
e. When performing disaster assistance pursuant to this section, coun-
ty [civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL shall
operate under the direction and command of the county [civil defense]
EMERGENCY MANAGEMENT director and his duly authorized deputies, and
shall possess the same powers, duties, rights, privileges and immunities
they would possess when performing their duties in a locally sponsored
civil defense drill or training exercise in the civil or political
subdivision in which they are enrolled, employed or assigned [civil
defense] EMERGENCY RESPONSE responsibilities.
f. The chief executive officer of a city shall be responsible for the
conduct of disaster operations within the city, including the operations
S. 6606--A 74 A. 9706--A
directed by the county [civil defense] EMERGENCY MANAGEMENT director
when rendering disaster assistance within a city pursuant to this
section.
g. Outside of a city, the sheriff of the county, and in Nassau county
the commissioner of police of the county of Nassau, shall supervise the
operations of the [civil defense director] EMERGENCY MANAGEMENT DIRECTOR
when rendering peace officer duties incident to disaster assistance. The
sheriff and such commissioner may delegate such supervisory power to an
elected or appointed town or village official in the area affected.
h. Neither the chief executive officer of a city, nor the county chief
executive, nor any elected or appointed town or village official to whom
the county chief executive has delegated supervisory power as aforesaid
shall be held responsible for acts or omissions of [civil defense forc-
es] DISASTER EMERGENCY RESPONSE PERSONNEL when performing disaster
assistance.
3. City use of [civil defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL. a. Upon the threat or occurrence of a disaster, and during
and immediately following the same, and except as otherwise provided in
paragraph d of this subdivision, the chief executive of a city may
direct the [civil defense] EMERGENCY MANAGEMENT director of the city to
assist in the protection and preservation of human life or property by
[holding a civil defense drill and training exercise at the scene of the
disaster and at any other appropriate places within the city, in which
all or any civil defense forces may be called upon] CALLING UPON CITY
DISASTER EMERGENCY RESPONSE PERSONNEL to perform the [civil defense]
EMERGENCY RESPONSE duties assigned to them.
b. The [civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL of
the city shall be regarded as a reserve disaster force to be activated,
in whole or in part, by the city [civil defense] EMERGENCY MANAGEMENT
director upon the direction of the chief executive officer of the city
when the latter, in his discretion, is convinced that the personnel and
resources of local municipal and private agencies normally available for
disaster assistance are insufficient adequately to cope with the disas-
ter.
c. Except as provided in paragraph d of this subdivision, the chief
executive officer of a city may exercise the power conferred upon him in
paragraph a of this subdivision, or may deactivate the [civil defense
forces] DISASTER EMERGENCY RESPONSE PERSONNEL of the city in whole or in
part, on his own motion or upon the request of the head of the city
police force.
d. Where the local office of [civil defense] EMERGENCY MANAGEMENT in a
city is under the jurisdiction of a consolidated county office of civil
defense as provided in the New York state defense emergency act, the
chief executive officer of such city seeking the assistance of [civil
defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL in the protection
and preservation of human life or property within such city because of
such disaster, must request the same from the county chief executive in
which such city is located, in the same manner as provided for assist-
ance to towns and villages in subdivision two of this section.
e. When performing disaster assistance pursuant to this subdivision,
[city civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL shall
operate under the direction and command of the city [civil defense
director] EMERGENCY MANAGEMENT DIRECTOR and his duly authorized depu-
ties, and shall possess the same powers, duties, rights, privileges, and
immunities they would possess when performing their duties in a locally
sponsored civil defense drill or training exercise in the city in which
S. 6606--A 75 A. 9706--A
they are enrolled, employed or assigned [civil defense] EMERGENCY
RESPONSE responsibilities.
f. Where the city [civil defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL have been directed to assist in local disaster operations
pursuant to paragraph a of this subdivision, and the chief executive
officer of the city is convinced that the personnel and resources of
local municipal and private agencies normally available for disaster
assistance, including local [civil defense forces] DISASTER EMERGENCY
RESPONSE PERSONNEL, are insufficient adequately to cope with the disas-
ter, he may certify the fact to the county chief executive and request
the county chief executive to direct the county [civil defense] EMERGEN-
CY MANAGEMENT director to render assistance in the city, as provided in
subdivision two of this section.
g. The chief executive officer of a city shall be responsible for the
conduct of disaster operations within the city, including the operations
directed by the county [civil defense] EMERGENCY MANAGEMENT director,
when rendering disaster assistance within a city pursuant to this subdi-
vision.
h. Neither the chief executive officer of a city, nor the county chief
executive, shall be held responsible for acts or omissions of [civil
defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL when performing
disaster assistance.
S 8. Paragraph (e) of subdivision 1 of section 29-e of the executive
law, as added by chapter 603 of the laws of 1993, is amended to read as
follows:
(e) "The [state] OFFICE OF emergency management [office]" shall mean
the office within the [office of military and naval affairs that assists
the disaster preparedness commission in implementing the powers and
duties of the disaster preparedness commission] DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
S 9. Paragraphs (a), (f) and (g) of subdivision 3 of section 29-e of
the executive law, as added by chapter 603 of the laws of 1993, are
amended to read as follows:
(a) Upon the issuance of a declaration of significant economic
distress due to unanticipated natural disaster by the governor, a muni-
cipality recognized by the governor as being affected by such disaster
[which occurred on or after December first, nineteen hundred ninety-
two,] may apply to the [state emergency management office] DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES WITHIN NINETY DAYS OF SUCH
DECLARATION on a form prescribed by such office, for reimbursement from
the state's contingency reserve fund for reimbursement of extraordinary
and unanticipated costs associated with the reconstruction or repair of
public buildings, facilities or infrastructure.
(f) In providing assistance pursuant to this section, the [state emer-
gency management office] DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES may give preference to applicants which demonstrate the great-
est need or which document that such assistance will be utilized to
bring the applicant into compliance with federal or state law.
(g) In the event that amounts appropriated are insufficient to provide
for full reimbursement of all extraordinary and unanticipated costs
incurred by such municipality approved for reimbursement pursuant to
this section, the [state emergency management office] DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES is authorized to provide a pro rata
share of the appropriations, appropriated herein, to such municipality.
S. 6606--A 76 A. 9706--A
S 10. Paragraphs (a) and (b) of subdivision 4 of section 29-e of the
executive law, as added by chapter 603 of the laws of 1993, are amended
to read as follows:
(a) The [adjutant general] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES as defined in article [nine] TWENTY-SIX
of this chapter with the [advise] ADVICE and consent of the disaster
preparedness commission created pursuant to this article, shall have the
power to make such rules and regulations as may be necessary and proper
to effectuate the purposes of this section.
(b) The [adjutant general] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall by March fifteenth of each year
report to the governor and the legislature describing the activities and
operation of the program authorized by this section. Such report shall
set forth the number of reimbursement applications received and
approved; the identities of the counties, cities, towns and villages
receiving reimbursement together with the amount and purpose of the
reimbursement.
S 11. The executive law is amended by adding a new section 29-h to
read as follows:
S 29-H. INTRASTATE MUTUAL AID PROGRAM. 1. CREATION. THERE IS HEREBY
CREATED THE INTRASTATE MUTUAL AID PROGRAM TO COMPLEMENT EXISTING MUTUAL
AID AGREEMENTS IN THE EVENT OF A DISASTER THAT RESULTS IN A FORMAL
DECLARATION OF AN EMERGENCY BY A PARTICIPATING LOCAL GOVERNMENT. ALL
LOCAL GOVERNMENTS WITHIN THE STATE, EXCEPTING THOSE WHICH AFFIRMATIVELY
CHOOSE NOT TO PARTICIPATE IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS
SECTION, ARE DEEMED TO BE PARTICIPANTS IN THE PROGRAM.
2. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
A. "EMPLOYEE" MEANS ANY PERSON HOLDING A POSITION BY ELECTION,
APPOINTMENT, OR EMPLOYMENT BY A LOCAL GOVERNMENT, OR A VOLUNTEER
EXPRESSLY AUTHORIZED TO ACT BY A LOCAL GOVERNMENT;
B. "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY, TOWN OR VILLAGE OF THE
STATE;
C. "LOCAL EMERGENCY MANAGEMENT OFFICER" MEANS THE LOCAL GOVERNMENT
OFFICIAL RESPONSIBLE FOR EMERGENCY PREPAREDNESS, RESPONSE AND RECOVERY;
D. "REQUESTING LOCAL GOVERNMENT" MEANS THE LOCAL GOVERNMENT THAT ASKS
ANOTHER LOCAL GOVERNMENT FOR ASSISTANCE DURING A DECLARED EMERGENCY, OR
FOR THE PURPOSES OF CONDUCTING TRAINING, OR UNDERTAKING A DRILL OR EXER-
CISE;
E. "ASSISTING LOCAL GOVERNMENT" MEANS ONE OR MORE LOCAL GOVERNMENTS
THAT PROVIDE ASSISTANCE PURSUANT TO A REQUEST FOR ASSISTANCE FROM A
REQUESTING LOCAL GOVERNMENT DURING A DECLARED EMERGENCY, OR FOR THE
PURPOSES OF CONDUCTING TRAINING, OR UNDERTAKING A DRILL OR EXERCISE; AND
F. "VOLUNTEER" MEANS AN INDIVIDUAL, OR MEMBER OF A VOLUNTEER ORGANIZA-
TION, WHO IS NOT A REGULAR EMPLOYEE OF THE ASSISTING LOCAL GOVERNMENT
AND WHO PROVIDES EMERGENCY OR DISASTER RELIEF SERVICES AT THE REQUEST OF
AN ASSISTING LOCAL GOVERNMENT, OTHER THAN AN ENROLLED MEMBER OF A VOLUN-
TEER AMBULANCE SERVICE AS DEFINED IN SECTION THREE THOUSAND ONE OF THE
PUBLIC HEALTH LAW, OR VOLUNTEER MEMBERS OF FIRE COMPANIES AS DEFINED IN
SECTION SIXTEEN-A OF THE GENERAL CITY LAW, SECTION ONE HUNDRED SEVENTY-
SIX-B OF THE TOWN LAW, AND SECTION 10-1006 OF THE VILLAGE LAW, REGARD-
LESS OF WHETHER OR NOT THE INDIVIDUAL RECEIVES COMPENSATION FROM HIS OR
HER REGULAR EMPLOYER; THIS INCLUDES BUT IS NOT LIMITED TO MEDICAL
RESERVE CORPS, COMMUNITY EMERGENCY RESPONSE TEAMS, AND COUNTY ANIMAL
RESPONSE TEAMS.
S. 6606--A 77 A. 9706--A
3. INTRASTATE MUTUAL AID PROGRAM COMMITTEE ESTABLISHED; MEETINGS;
POWERS AND DUTIES. A. THERE IS HEREBY CREATED WITHIN THE DISASTER
PREPAREDNESS COMMISSION AN INTRASTATE MUTUAL AID PROGRAM COMMITTEE, FOR
PURPOSES OF THIS SECTION TO BE REFERRED TO AS THE COMMITTEE, WHICH SHALL
BE CHAIRED BY THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, AND SHALL INCLUDE THE STATE FIRE ADMINISTRATOR, THE
COMMISSIONER OF HEALTH, AND THE COMMISSIONER OF AGRICULTURE AND MARKETS,
PROVIDED THAT EACH SUCH OFFICIAL MAY APPOINT A DESIGNEE TO SERVE IN HIS
OR HER PLACE ON THE COMMITTEE. THE COMMITTEE SHALL ALSO INCLUDE FIVE
REPRESENTATIVES FROM LOCAL PUBLIC SAFETY OR EMERGENCY RESPONSE AGENCIES,
WHO SHALL SERVE A MAXIMUM TWO-YEAR TERM, TO BE APPOINTED BY THE COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, WITH
REGARD TO A BALANCE OF GEOGRAPHIC REPRESENTATION AND DISCIPLINE EXPER-
TISE.
B. THE COMMITTEE, ON THE CALL OF THE CHAIRPERSON, SHALL MEET AT LEAST
TWICE EACH YEAR AND AT SUCH OTHER TIMES AS MAY BE NECESSARY. THE AGENDA
AND MEETING PLACE OF ALL REGULAR MEETINGS SHALL BE MADE AVAILABLE TO THE
PUBLIC IN ADVANCE OF SUCH MEETINGS AND ALL SUCH MEETINGS SHALL BE OPEN
TO THE PUBLIC.
C. THE COMMITTEE SHALL HAVE THE FOLLOWING POWERS AND RESPONSIBILITIES:
(1) TO PROMULGATE RULES AND REGULATIONS, ACTING THROUGH THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, TO IMPLEMENT THE INTRASTATE
MUTUAL AID PROGRAM AS DESCRIBED IN THIS SECTION;
(2) TO DEVELOP POLICIES, PROCEDURES AND GUIDELINES ASSOCIATED WITH THE
PROGRAM, INCLUDING A PROCESS FOR THE REIMBURSEMENT OF ASSISTING LOCAL
GOVERNMENTS BY REQUESTING LOCAL GOVERNMENTS;
(3) TO EVALUATE THE USE OF THE INTRASTATE MUTUAL AID PROGRAM;
(4) TO EXAMINE ISSUES FACING PARTICIPATING LOCAL GOVERNMENTS REGARDING
THE IMPLEMENTATION OF THE INTRASTATE MUTUAL AID PROGRAM; AND
(5) TO PREPARE REPORTS TO THE DISASTER PREPAREDNESS COMMISSION
DISCUSSING THE EFFECTIVENESS OF MUTUAL AID IN THE STATE AND MAKING
RECOMMENDATIONS FOR IMPROVING THE EFFICACY OF THE SYSTEM, IF APPROPRI-
ATE.
4. LOCAL GOVERNMENT PARTICIPATION IN THE INTRASTATE MUTUAL AID
PROGRAM. A. A LOCAL GOVERNMENT MAY ELECT NOT TO PARTICIPATE IN THE
INTRASTATE MUTUAL AID PROGRAM, OR TO WITHDRAW FROM THE PROGRAM, BY ITS
GOVERNING BODY ENACTING A RESOLUTION DECLARING THAT IT ELECTS NOT TO
PARTICIPATE IN THE PROGRAM AND PROVIDING SUCH RESOLUTION TO THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES. PARTICIPATION IN THE
PROGRAM WILL CONTINUE UNTIL A COPY OF SUCH RESOLUTION IS RECEIVED AND
CONFIRMED BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
B. A LOCAL GOVERNMENT THAT HAS DECLINED TO PARTICIPATE IN THE PROGRAM
MAY, ACTING BY RESOLUTION THROUGH ITS GOVERNING BODY AND PROVIDING A
COPY OF THE RESOLUTION TO THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES, ELECT TO PARTICIPATE IN THE PROGRAM.
C. NOTHING IN THIS SECTION SHALL PRECLUDE A LOCAL GOVERNMENT FROM
ENTERING INTO MUTUAL AID AGREEMENTS WITH OTHER LOCAL GOVERNMENTS OR
OTHER ENTITIES WITH TERMS THAT SUPPLEMENT OR DIFFER FROM THE PROVISIONS
OF THIS SECTION.
D. NOTHING IN THIS SECTION SHALL AFFECT ANY OTHER AGREEMENT TO WHICH A
LOCAL GOVERNMENT MAY CURRENTLY BE A PARTY, OR LATER ENTER INTO, INCLUD-
ING, BUT NOT LIMITED TO, THE STATE FIRE MOBILIZATION AND MUTUAL AID
PLAN.
5. FIRE RELATED RESOURCES. NOTWITHSTANDING THE AUTHORITY VESTED
PURSUANT TO THIS SECTION, ALL FIRE RELATED RESOURCES SHALL BE ADMINIS-
S. 6606--A 78 A. 9706--A
TERED PURSUANT TO SECTION TWO HUNDRED NINE-E OF THE GENERAL MUNICIPAL
LAW.
6. REQUESTING ASSISTANCE UNDER THE INTRASTATE MUTUAL AID PROGRAM. A. A
PARTICIPATING LOCAL GOVERNMENT MAY REQUEST ASSISTANCE OF OTHER PARTIC-
IPATING LOCAL GOVERNMENTS IN PREVENTING, MITIGATING, RESPONDING TO AND
RECOVERING FROM DISASTERS THAT RESULT IN LOCALLY-DECLARED EMERGENCIES,
OR FOR THE PURPOSE OF CONDUCTING MULTI-JURISDICTIONAL OR REGIONAL TRAIN-
ING, DRILLS OR EXERCISES. REQUESTS FOR ASSISTANCE MAY BE MADE VERBALLY
OR IN WRITING; VERBAL REQUESTS SHALL BE MEMORIALIZED IN WRITING AS SOON
THEREAFTER AS IS PRACTICABLE.
B. ONCE AN EMERGENCY IS DECLARED AT THE COUNTY LEVEL, ALL REQUESTS AND
OFFERS FOR ASSISTANCE, TO THE EXTENT PRACTICAL, SHALL BE MADE THROUGH
THE COUNTY EMERGENCY MANAGEMENT OFFICE, OR IN THE CASE OF THE CITY OF
NEW YORK, THROUGH THE CITY EMERGENCY MANAGEMENT OFFICE. ALL REQUESTS
FOR ASSISTANCE SHOULD INCLUDE:
(1) A DESCRIPTION OF THE DISASTER;
(2) A DESCRIPTION OF THE ASSISTANCE NEEDED;
(3) A DESCRIPTION OF THE MISSION FOR WHICH ASSISTANCE IS REQUESTED;
(4) AN ESTIMATE OF THE LENGTH OF TIME THE ASSISTANCE WILL BE NEEDED;
(5) THE SPECIFIC PLACE AND TIME FOR STAGING OF THE ASSISTANCE AND A
POINT OF CONTACT AT THAT LOCATION; AND
(6) ANY OTHER INFORMATION THAT WILL ENABLE AN ASSISTING LOCAL GOVERN-
MENT TO RESPOND APPROPRIATELY TO THE REQUEST.
C. ASSISTING LOCAL GOVERNMENTS SHALL SUBMIT TO THE REQUESTING LOCAL
GOVERNMENT AN INVENTORY OF THE RESOURCES BEING DEPLOYED.
D. THE WRITTEN REQUEST FOR ASSISTANCE AND ALL INVENTORIES OF RESOURCES
BEING DEPLOYED SHALL BE SUBMITTED TO THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES WITHIN THREE CALENDAR DAYS OF THE REQUEST FOR OR
DEPLOYMENT OF SUCH RESOURCES.
7. PERFORMANCE OF SERVICES. A. (1) EMERGENCY RESPONSE PERSONNEL OF AN
ASSISTING LOCAL GOVERNMENT SHALL CONTINUE UNDER THE ADMINISTRATIVE
CONTROL OF THEIR JURISDICTION. HOWEVER, IN ALL OTHER CASES WHERE NOT
PROHIBITED BY EXISTING STATUTE OR OTHER AUTHORITY, EMERGENCY RESPONSE
PERSONNEL OF AN ASSISTING LOCAL GOVERNMENT SHALL BE UNDER THE DIRECTION
AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCIDENT MANAGEMENT
SYSTEM OF THE REQUESTING LOCAL GOVERNMENT;
(2) PERFORMANCE BY EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT OR
VOLUNTEERS OF SERVICES FOR A REQUESTING LOCAL GOVERNMENT, PURSUANT TO
THIS SECTION, SHALL HAVE NO IMPACT UPON WHETHER NEGOTIATING UNIT EMPLOY-
EES REPRESENTED BY AN EMPLOYEE ORGANIZATION, RECOGNIZED OR CERTIFIED
PURSUANT TO SECTIONS TWO HUNDRED SIX OR TWO HUNDRED SEVEN OF THE CIVIL
SERVICE LAW, EXCLUSIVELY PERFORM SUCH SERVICES, AS THAT PHRASE IS USED
BY THE NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, ON BEHALF OF
THE REQUESTING LOCAL GOVERNMENT;
B. ASSETS AND EQUIPMENT OF AN ASSISTING LOCAL GOVERNMENT SHALL CONTIN-
UE UNDER THE OWNERSHIP OF THE ASSISTING JURISDICTION, BUT SHALL BE UNDER
THE DIRECTION AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCI-
DENT MANAGEMENT SYSTEM OF THE REQUESTING LOCAL GOVERNMENT.
8. DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES RESPONSIBIL-
ITIES UNDER THE INTRASTATE MUTUAL AID PROGRAM. THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES SHALL:
A. MAINTAIN A CURRENT LIST OF PARTICIPATING JURISDICTIONS WITH THEIR
AUTHORIZED REPRESENTATIVES AND CONTACT INFORMATION, AND PROVIDE A COPY
OF THE LIST TO EACH OF THE PARTICIPATING JURISDICTIONS ON AN ANNUAL
BASIS DURING THE SECOND QUARTER OF EACH CALENDAR YEAR;
S. 6606--A 79 A. 9706--A
B. MONITOR AND REPORT TO THE INTRASTATE MUTUAL AID PROGRAM COMMITTEE
ON THE USE OF THE INTRASTATE MUTUAL AID PROGRAM;
C. COORDINATE THE PROVISION OF MUTUAL AID RESOURCES IN ACCORDANCE WITH
THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND SUPPORTING PROTOCOLS;
D. IDENTIFY MUTUAL AID BEST PRACTICES;
E. WHEN PRACTICAL, PROVIDE THE COMMITTEE WITH STATISTICAL INFORMATION
RELATED TO THE USE OF MUTUAL AID DURING RECENT REGIONAL DISASTER
RESPONSES; AND
F. ASSIST WITH THE DEVELOPMENT, IMPLEMENTATION AND MANAGEMENT OF A
STATE-WIDE RESOURCE TYPING SYSTEM.
9. LICENSE, CERTIFICATE AND PERMIT PORTABILITY. A. STATE CERTIFIED
EMERGENCY MEDICAL SERVICES PROVIDERS WHO RESPOND OUTSIDE OF THEIR NORMAL
JURISDICTION PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM
SHALL FOLLOW THEIR NORMAL OPERATING PROTOCOLS AS IF THEY WERE RESPONDING
AND RENDERING SERVICES IN THEIR HOME JURISDICTION.
B. ANY OTHER INDIVIDUAL DEPLOYED THROUGH A PARTICIPATING LOCAL GOVERN-
MENT WHO IS CERTIFIED OR PERMITTED EITHER LOCALLY OR REGIONALLY WHEN
RESPONDING PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM SHALL
HAVE THE SAME POWERS AND DUTIES AS IF THEY WERE RESPONDING IN THEIR HOME
JURISDICTION.
C. THE OFFICERS AND MEMBERS OF ANY POLICE DEPARTMENT, INCLUDING A
SHERIFF AND HIS OR HER DEPUTIES, WHILE ENGAGED IN DUTY AND RENDERING
SERVICE IN A REQUESTING LOCAL GOVERNMENT THAT IS OUTSIDE THEIR GEOGRAPH-
ICAL AREA OF EMPLOYMENT, SHALL HAVE THE SAME POWERS, DUTIES, RIGHTS,
BENEFITS, PRIVILEGES AND IMMUNITIES AS IF THEY WERE PERFORMING THEIR
DUTIES IN THE CIVIL OR POLITICAL SUBDIVISION IN OR BY WHICH THEY ARE
NORMALLY EMPLOYED.
10. REIMBURSEMENT OF ASSISTING JURISDICTION BY REQUESTING JURISDIC-
TION; RESOLVING DISPUTES REGARDING REIMBURSEMENT. A. ANY ASSISTING LOCAL
GOVERNMENT REQUESTING AID UNDER THIS PROGRAM FOR LOSS, DAMAGE OR
EXPENSES INCURRED IN CONNECTION WITH THE PROVISION OF AID THAT SEEKS
REIMBURSEMENT BY THE REQUESTING LOCAL GOVERNMENT SHALL MAKE SUCH REQUEST
IN ACCORDANCE WITH PROCEDURES DEVELOPED BY THE INTRASTATE MUTUAL AID
COMMITTEE.
B. WHERE A DISPUTE ARISES BETWEEN AN ASSISTING LOCAL GOVERNMENT AND A
REQUESTING LOCAL GOVERNMENT REGARDING REIMBURSEMENT FOR LOSS, DAMAGES OR
EXPENSES INCURRED IN CONNECTION WITH THE PROVISION OF AID, THE PARTIES
WILL MAKE EVERY EFFORT TO RESOLVE THE DISPUTE WITHIN THIRTY BUSINESS
DAYS OF WRITTEN NOTICE OF THE DISPUTE BY THE PARTY ASSERTING NONCOMPLI-
ANCE. IN THE EVENT THAT THE DISPUTE IS NOT RESOLVED WITHIN NINETY BUSI-
NESS DAYS OF THE NOTICE OF THE CLAIM, AT THE REQUEST OF EITHER PARTY,
THE DISPUTE SHALL BE RESOLVED THROUGH ARBITRATION CONDUCTED UNDER THE
COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
11. LIABILITY. A. EACH LOCAL GOVERNMENT IS RESPONSIBLE FOR PROCURING
AND MAINTAINING INSURANCE OR OTHER COVERAGE AS IT DEEMS APPROPRIATE.
B. ALL ACTIVITIES PERFORMED UNDER THE INTRASTATE MUTUAL AID PROGRAM
ARE DEEMED TO BE GOVERNMENTAL FUNCTIONS, AND EMPLOYEES OF ASSISTING
LOCAL GOVERNMENTS SHALL BE PROVIDED THE SAME PROTECTIONS FROM LIABILITY
AS IF THEY WERE EMPLOYEES OF THE REQUESTING JURISDICTION.
C. EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT RESPONDING TO OR RENDER-
ING ASSISTANCE PURSUANT TO A REQUEST WHO SUSTAIN INJURY OR DEATH IN THE
COURSE OF, AND ARISING OUT OF, THEIR RESPONSE ARE ENTITLED TO ALL APPLI-
CABLE BENEFITS AS IF THEY WERE RESPONDING IN THEIR HOME JURISDICTION.
D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROVIDE ANY
PROTECTION AGAINST LIABILITY, OR TO CREATE ANY LIABILITY, FOR AN INDI-
VIDUAL WHO RESPONDS TO A STATE OF EMERGENCY WHERE AID HAS NOT BEEN
S. 6606--A 80 A. 9706--A
REQUESTED, OR WHERE AID HAS NOT BEEN AUTHORIZED BY THE INDIVIDUAL'S
LOCAL GOVERNMENT.
12. OBLIGATION OF INSURERS. NOTHING IN THIS SECTION SHALL IMPAIR,
ALTER, LIMIT OR MODIFY THE RIGHTS OR OBLIGATIONS OF ANY INSURER UNDER
ANY POLICY OF INSURANCE.
S 12. Section 31 of the executive law, as amended by chapter 37 of
the laws of 1962, subdivision 11 as amended by chapter 827 of the laws
of 1972 and subdivision 13 as added by chapter 430 of the laws of 1997,
is amended to read as follows:
S 31. Divisions. There shall be in the executive department the
following divisions:
1. The division of the budget.
2. The division of military and naval affairs.
3. The office of general services.
4. The division of state police.
5. The division of parole.
6. The division of housing.
7. The division of alcoholic beverage control.
8. [Commission against discrimination] THE DIVISION OF HUMAN RIGHTS.
9. [The division of safety.
10.] The division of veterans' affairs.
[11. The office of planning services.
12. State civil defense commission] 10. THE DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES.
[13.] 11. Office for technology.
The governor may establish, consolidate, or abolish additional divi-
sions and bureaus.
S 13. (a) Findings. The functions of the office for fire prevention
and control and the state office of emergency management are critical to
public health and safety, as is the function of the office of homeland
security. The purpose of this section is to preserve and enhance these
functions by consolidating these agencies. The goal of consolidation is
not to reduce the performance of either function, but rather to inte-
grate them so as to perform them in the most effective possible way.
(b) Consolidation. The powers, duties and unfinished business of the
state emergency management office in the executive department and the
office for fire prevention and control in the department of state are
transferred to the division of homeland security and emergency services,
created in article 26 of the executive law and formerly known as the
office of homeland security. All assets, liabilities and records of the
state emergency management office and the office for fire prevention and
control are transferred to the division of emergency response and home-
land security. For the purpose of succession to functions, powers,
duties and obligations transferred and assigned to, devolved upon and
assumed by it pursuant to this act, the division of homeland security
and emergency services shall be deemed and held to constitute the
continuation of the state emergency management office, and the office
for fire prevention and control.
(c) Transfer of employees. All employees of the state emergency
management office and certain employees of the office of fire prevention
and control shall be transferred to the division of homeland security
and emergency services. For those officers and employees of the state
emergency management office and office for fire prevention and control
in the unclassified service of the state, the provisions of section 45
of the civil service law shall apply.
S. 6606--A 81 A. 9706--A
(d) Pending actions and proceedings. No action pending as of the
effective date of this act brought by or against the state office of
emergency management or the office for fire prevention and control or
their directors shall be affected by any provision of this act, but the
same may be prosecuted or defended in the name of the commissioner of
the division of homeland security and emergency services who shall, upon
application to the court, be substituted as a party.
(e) Continuation of rules and regulations. All rules, regulations,
acts, determinations and decisions of the state office of emergency
management or office for fire prevention and control in force at the
time of the effective date of this act shall continue in force and
effect as rules, regulations, acts, determinations and decisions of the
commissioner of the division of homeland security and emergency services
until duly modified or abrogated by the commissioner of the division of
homeland security and emergency services.
(f) Transfer of appropriations. All appropriations and reappropri-
ations heretofore made to the state office of emergency management, to
the extent of remaining unexpended or unencumbered balances thereof,
whether allocated or unallocated and whether obligated or unobligated,
shall be transferred to and made available for use and expenditure by
the division of homeland security and emergency services.
S 14. The article heading of article 26 of the executive law, as added
by section 1 of part B of chapter 1 of the laws of 2004, is amended to
read as follows:
[STATE OFFICE OF HOMELAND SECURITY]
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
S 15. Section 709 of the executive law, as added by section 2 of part
B of chapter 1 of the laws of 2004, paragraph (p) of subdivision 2 as
amended and paragraph (r) of subdivision 2 as added by chapter 620 of
the laws of 2005, paragraph (q) of subdivision 2 as separately amended
by chapters 537 and 620 of the laws of 2005, and paragraph (r) of subdi-
vision 2 as added by chapter 537 of the laws of 2005, is amended to read
as follows:
S 709. [State office of homeland security] DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES; creation; powers and duties. 1. There is
hereby created within the executive department the [office of homeland
security] DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, which
shall have and exercise the powers and duties set forth in this article.
Any reference to the 'office of public security', THE 'OFFICE OF HOME-
LAND SECURITY', THE 'STATE EMERGENCY MANAGEMENT OFFICE', THE 'OFFICE OF
CYBER SECURITY' OR THE 'OFFICE FOR FIRE PREVENTION AND CONTROL' in the
laws of New York state, executive orders, or contracts entered into on
behalf of the state shall be deemed to refer to the [state office of
homeland security] DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
2. The [office] DIVISION shall have the power and duty to:
(a) oversee and coordinate the state's homeland security AND COMPRE-
HENSIVE EMERGENCY MANAGEMENT resources, subject to any laws, rules or
regulations governing the budgeting and appropriation of funds;
(b) review homeland security AND COMPREHENSIVE EMERGENCY MANAGEMENT
policies, protocols and strategies of state agencies. The agencies shall
include, but not be limited to, [the division of state police, division
of military and naval affairs, state emergency management office,
department of health, department of environmental conservation, division
of criminal justice services, department of state, office for technolo-
gy, and the department of transportation] THE STATE AGENCIES INCLUDED ON
S. 6606--A 82 A. 9706--A
THE DISASTER PREPAREDNESS COMMISSION AS IDENTIFIED IN SECTION TWENTY-ONE
OF THIS CHAPTER;
(c) develop policies, protocols and strategies, which may be used to
prevent, detect, respond to and recover from terrorist acts or threats
AND OTHER NATURAL AND MAN-MADE DISASTERS, WHICH FOR PURPOSES OF THIS
SECTION SHALL HAVE THE SAME MEANING AS DEFINED IN ARTICLE TWO-B OF THIS
CHAPTER;
(d) identify potential inadequacies in the state's policies, protocols
and strategies to detect, respond to and recover from terrorist acts or
threats AND OTHER NATURAL AND MAN-MADE DISASTERS;
(e) undertake periodic drills and simulations designed to assess and
prepare responses to terrorist acts or threats AND OTHER NATURAL AND
MAN-MADE DISASTERS;
(f) coordinate state resources for the collection and analysis of
information relating to terrorist threats and terrorist activities AND
OTHER NATURAL AND MAN-MADE DISASTERS throughout the state subject to any
applicable laws, rules, or regulations;
(g) coordinate and facilitate information sharing among local, state,
and federal law enforcement agencies to ensure appropriate intelligence
to assist in the early identification of and response to potential
terrorist activities AND OTHER NATURAL AND MAN-MADE DISASTERS, subject
to any applicable laws, rules, or regulations governing the release,
disclosure or sharing of any such information;
(h) assess the preparedness of state and local public health systems
to respond to terrorist acts AND OTHER NATURAL AND MAN-MADE DISASTERS,
including ensuring the availability of early warning systems designed to
detect potential threats and determining adequacy and availability of
necessary vaccines and pharmaceuticals and hospital capacity;
(i) coordinate strategies, protocols and first-responder equipment
needs that may be used to monitor, detect, respond to and mitigate the
consequences of a potential biological, chemical or radiological terror-
ist act or threat;
(j) work with local, state and federal agencies and private entities
to conduct assessments of the vulnerability of critical infrastructure
to terrorist attack AND OTHER NATURAL AND MAN-MADE DISASTERS, including,
but not limited to, nuclear facilities, power plants, telecommunications
systems, mass transportation systems, public roadways, railways, bridges
and tunnels, and develop strategies that may be used to protect such
infrastructure from terrorist attack AND OTHER NATURAL AND MAN-MADE
DISASTERS;
(k) develop plans that may be used to promote rapid recovery from
terrorist attacks AND OTHER NATURAL AND MAN-MADE DISASTERS, to ensure
prompt restoration of transportation, utilities, critical communications
and information systems and to protect such infrastructure;
(l) develop plans that may be used to contain and remove hazardous
materials used in a terrorist attack OR RELEASED AS A RESULT OF NATURAL
OR MAN-MADE DISASTER;
(m) act as primary contact with the federal department of homeland
security;
(n) adopt, promulgate, amend and rescind rules and regulations to
effectuate the provisions and purposes of this article and the powers
and duties of the [office] DIVISION in connection therewith;
(o) consult with appropriate state and local governments, institutions
of higher learning, first responders, health care providers and private
entities as necessary to effectuate the provisions of this article, and
work with those entities to establish, facilitate and foster cooperation
S. 6606--A 83 A. 9706--A
to better prepare the state to prevent and respond to threats and acts
of terrorism AND OTHER NATURAL AND MAN-MADE DISASTERS;
(p) to serve as a clearinghouse for the benefit of municipalities
regarding information relating to available federal, state and regional
grant programs in connection with homeland security, disaster prepared-
ness, communication infrastructure and emergency first responder
services, and to promulgate rules and regulations necessary to ensure
that grant information is timely posted on the [office's] DIVISION'S
website;
(q) request from any department, division, office, commission or other
agency of the state or any political subdivision thereof, and the same
are authorized to provide, such assistance, services and data as may be
required by the [office of homeland security] DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES in carrying out the purposes of this arti-
cle, subject to applicable laws, rules, and regulations; [and]
(r) develop standards and a certification process for training
programs for training of private security officers in commercial build-
ings which shall:
(i) improve observation, detection and reporting skills;
(ii) improve coordination with local police, fire and emergency
services;
(iii) provide and improve skills in working with advanced security
technology including surveillance and access control procedures;
(iv) require at least forty hours of training including three hours of
training devoted to terrorism awareness; and
(v) have been certified as a qualified program by the [state office of
homeland security.] DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES;
[(r)] (S) work in consultation with or make recommendations to the
commissioner of agriculture and markets in developing rules and regu-
lations relating to ammonium nitrate security[.]; AND
(T) DEVELOP, MAINTAIN, AND DEPLOY STATE, REGIONAL AND LOCAL ALL-HAZARD
INCIDENT MANAGEMENT TEAMS.
3. THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
CONSIST OF SEVERAL OFFICES INCLUDING, BUT NOT LIMITED TO, THE OFFICE OF
HOMELAND SECURITY, WHICH SHALL HAVE THE POWERS, AND BE RESPONSIBLE FOR
CARRYING OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN
THIS ARTICLE; THE OFFICE OF EMERGENCY MANAGEMENT, WHICH SHALL HAVE THE
POWERS, AND BE RESPONSIBLE FOR CARRYING OUT THE DUTIES, INCLUDING BUT
NOT LIMITED TO THOSE SET FORTH IN ARTICLE TWO-B OF THIS CHAPTER; THE
OFFICE OF FIRE PREVENTION AND CONTROL, WHICH SHALL HAVE THE POWERS, AND
BE RESPONSIBLE FOR CARRYING OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO
THOSE SET FORTH IN ARTICLE 6-C OF THIS CHAPTER; THE OFFICE OF CYBER
SECURITY, WHICH SHALL HAVE THE POWERS, AND BE RESPONSIBLE FOR CARRYING
OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN SECTION
SEVEN HUNDRED FIFTEEN OF THIS ARTICLE; AND THE OFFICE OF INTEROPERABLE
AND EMERGENCY COMMUNICATIONS, WHICH SHALL HAVE THE POWERS, AND BE
RESPONSIBLE FOR CARRYING OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO
THOSE SET FORTH IN SECTION SEVEN HUNDRED SEVENTEEN OF THIS ARTICLE.
4. AS SET FORTH IN SECTION SEVEN HUNDRED TEN OF THIS ARTICLE, THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE
SENATE, AND HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR. THE DIRECTORS
OF THE OFFICES OF HOMELAND SECURITY, EMERGENCY MANAGEMENT, FIRE
PREVENTION AND CONTROL, CYBER SECURITY, AND INTEROPERABLE AND EMERGENCY
COMMUNICATIONS, AND SUCH OTHER OFFICES AS MAY BE ESTABLISHED, SHALL BE
S. 6606--A 84 A. 9706--A
APPOINTED BY, AND HOLD OFFICE AT THE PLEASURE OF, THE GOVERNOR AND THEY
SHALL REPORT TO THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES EXCEPT, IN CASE OF EMERGENCY, SHALL REPORT TO THE
COMMISSIONER AND TO THE DEPUTY SECRETARY FOR PUBLIC SAFETY.
5. THE DIRECTORS OF THE OFFICES OF HOMELAND SECURITY, EMERGENCY
MANAGEMENT, FIRE PREVENTION AND CONTROL, CYBER SECURITY, INTEROPERABLE
AND EMERGENCY COMMUNICATIONS, AND SUCH OTHER OFFICES AS MAY BE ESTAB-
LISHED, SHALL, IN CONSULTATION WITH THE COMMISSIONER, HAVE THE AUTHORITY
TO PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE DUTIES OF THEIR
OFFICE, INCLUDING THE ESTABLISHMENT OF FEES NECESSARY TO COMPENSATE FOR
COSTS ASSOCIATED WITH THE DELIVERY OF TRAINING AND SERVICES.
6. THE DIRECTORS OF THE OFFICES OF HOMELAND SECURITY, EMERGENCY
MANAGEMENT, FIRE PREVENTION AND CONTROL, CYBER SECURITY, INTEROPERABLE
AND EMERGENCY COMMUNICATIONS, AND SUCH OTHER OFFICES AS MAY BE ESTAB-
LISHED, SHALL HAVE THE AUTHORITY TO ENTER INTO CONTRACTS WITH ANY
PERSON, FIRM, CORPORATION, MUNICIPALITY, OR GOVERNMENT ENTITY.
S 16. Section 710 of the executive law, as added by section 2 of part
B of chapter 1 of the laws of 2004, is amended to read as follows:
S 710. [Director of the office of homeland security] COMMISSIONER OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES; appointment of
the [director] COMMISSIONER; powers and duties. 1. The [director of the
office of homeland security (director)] COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES (COMMISSIONER) shall be
appointed by the governor, by and with the advice and consent of the
senate, and hold office at the pleasure of the governor. [The salary of
the director shall be fixed at a level commensurate with that of the
state officers identified in paragraph (a) of subdivision one of section
one hundred sixty-nine of this chapter.]
2. The [director] COMMISSIONER, acting by and through the [office]
DIVISION, shall have the power and duty to:
(a) administer the duties of the [office] DIVISION pursuant to this
section;
(b) administer such other duties as may be devolved upon the [office]
DIVISION from time to time pursuant to law;
(c) cooperate with and assist other state and federal departments,
boards, commissions, agencies and public authorities in the development
and administration of policies and protocols which will enhance the
SAFETY AND security of the citizens of the state;
(d) enter into contracts with any person, firm, corporation or govern-
mental agency, and do all things necessary to carry out the functions,
powers and duties expressly set forth in this article, subject to any
applicable laws, rules or regulations;
(e) establish offices, departments and bureaus and make changes there-
in as he or she may deem necessary to carry out the functions of the
[office] DIVISION. One of the [divisions] UNITS within the [office]
DIVISION shall be the office of cyber security [and critical infrastruc-
ture coordination] which shall be dedicated to the identification and
mitigation of the state's cyber security infrastructure vulnerabilities;
[and]
(f) subject to the provisions of this article and the civil service
law, and the rules and regulations adopted pursuant thereto, the [direc-
tor] COMMISSIONER may appoint other officers, employees, agents and
consultants as may be necessary, prescribe their duties, fix their
compensation, and provide for payment of their reasonable expenses, all
within amounts available therefor by appropriation. The [director]
COMMISSIONER may transfer officers or employees from their positions to
S. 6606--A 85 A. 9706--A
other positions in the [office] COMMISSIONER, or abolish or consolidate
such positions[.];
(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ACCEPT
AND CONTRACT AS AGENT OF THE STATE FOR ANY GIFT TO SUPPORT THE DEVELOP-
MENT AND TRAINING MISSIONS OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES.
S 17. Section 713 of the executive law, as added by chapter 403 of the
laws of 2003, paragraphs (a) and (b) of subdivision 2 as amended by
chapter 426 of the laws of 2004, and such section as renumbered by
section 2 of part B of chapter 1 of the laws of 2004, is amended to read
as follows:
S 713. Protection of critical infrastructure including energy generat-
ing and transmission facilities. 1. Notwithstanding any other provision
of law, the [director of public security] COMMISSIONER OF THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES shall conduct a review and
analysis of measures being taken by the public service commission and
any other agency or authority of the state or any political subdivision
thereof and, to the extent practicable, of any federal entity, to
protect the security of critical infrastructure related to energy gener-
ation and transmission located within the state. The [director of public
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES shall have the authority to review any audits or reports
related to the security of such critical infrastructure, including
audits or reports conducted at the request of the public service commis-
sion or any other agency or authority of the state or any political
subdivision thereof or, to the extent practicable, of any federal enti-
ty. The owners and operators of such energy generating or transmission
facilities shall, in compliance with any federal and state requirements
regarding the dissemination of such information, provide access to the
[director of public security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES to such audits or reports regarding such
critical infrastructure provided, however, that exclusive custody and
control of such audits and reports shall remain solely with the owners
and operators of such energy generating or transmission facilities. For
the purposes of this article, the term "critical infrastructure" has the
meaning ascribed to that term in subdivision five of section eighty-six
of the public officers law.
2. (a) On or before December thirty-first, two thousand four, and not
later than three years after such date, and every five years thereafter,
the [director of public security] COMMISSIONER OF THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES shall report to the governor, the
temporary president of the senate, the speaker of the assembly, the
chairperson of the public service commission and the chief executive of
any such affected generating or transmission company or his or her
designee. Such report shall review the security measures being taken
regarding critical infrastructure related to energy generating and tran-
smission facilities, assess the effectiveness thereof, and include
recommendations to the legislature or the public service commission if
the [director of public security] COMMISSIONER OF THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES determines that additional measures
are required to be implemented, considering, among other factors, the
unique characteristics of each energy generating or transmission facili-
ty. [On or before April thirtieth, two thousand four, the director of
public security shall make a preliminary report to the governor, the
temporary president of the senate, the speaker of the assembly, the
chairman of the public service commission, and the chief executive of
S. 6606--A 86 A. 9706--A
any such affected generating or transmission company or his or her
designee.]
(b) Before the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop confiden-
tiality protocols, which shall be binding upon the recipient who issues
the protocols and anyone to whom the recipient shows a copy of the
report, in consultation with the [director of public security] COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES for
the maintenance and use of such report so as to ensure the confidential-
ity of the report and all information contained therein, provided,
however, that such [protocols shall not be binding upon a person who is
provided access to such report or any information contained therein
pursuant to section eighty-nine of the public officers law after a final
determination that access to such report or any information contained
therein could not be denied pursuant to subdivision two of section
eighty-seven] REPORT AND ANY INFORMATION CONTAINED OR USED IN ITS PREPA-
RATION SHALL BE EXEMPT AND NOT MADE AVAILABLE PURSUANT TO ARTICLE SIX of
the public officers law. The [director of public security] COMMISSIONER
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall also
develop protocols for his or her office related to the maintenance and
use of such report so as to ensure the confidentiality of the report and
all information contained therein. On each report, the [director of
public security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES shall prominently display the following statement:
"this report may contain information that if disclosed could endanger
the life or safety of the public, and therefore, pursuant to section
seven hundred [ten] ELEVEN of the executive law, this report is to be
maintained and used in a manner consistent with protocols established to
preserve the confidentiality of the information contained herein in a
manner consistent with law".
(c) Except in the case of federally licensed electric generating
facilities, the public service commission shall have the discretion to
require that the recommendations of the [director of public security]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
be implemented by any owner or operator of an energy generating or tran-
smission facility. Recommendations regarding federally licensed electric
generating facilities shall instead only be made available by the
[director of public security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES to the appropriate federal agency in
compliance with any federal and state requirements regarding the dissem-
ination of such information.
3. Any reports prepared pursuant to this article shall not be subject
to disclosure pursuant to [section] SECTIONS EIGHTY-SEVEN AND eighty-
eight of the public officers law.
S 18. Section 714 of the executive law, as added by section 1 of part
C of chapter 1 of the laws of 2004, is amended to read as follows:
S 714. Protection of critical infrastructure; storage facilities for
hazardous substances. 1. Notwithstanding any other provision of law and
subject to the availability of an appropriation, the [director of the
office of homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall conduct a review and analysis of
measures being taken by the owners and operators of facilities identi-
fied pursuant to paragraph (b) of subdivision two of this section to
protect the security of critical infrastructure related to such facili-
ties. The [director of the office of homeland security] COMMISSIONER OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall have the
S. 6606--A 87 A. 9706--A
authority to review all audits or reports related to the security of
such critical infrastructure, including all such audits or reports
mandated by state and federal law or regulation, including spill
prevention reports and risk management plans, audits and reports
conducted at the request of the department of environmental conservation
or at the request of any federal entity, or any other agency or authori-
ty of the state or any political subdivision thereof, and reports
prepared by owners and operators of such facilities as required in this
subdivision. The owners and operators of such facilities shall, in
compliance with any federal and state requirements regarding the dissem-
ination of such information, provide access to the [director of the
office of homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES to such audits and reports regarding
such critical infrastructure provided, however, exclusive custody and
control of such audits and reports shall remain solely with the owners
and operators of such facilities to the extent not inconsistent with any
other law. For the purposes of this section, the term "critical infras-
tructure" has the meaning ascribed to that term in subdivision five of
section eighty-six of the public officers law.
2. To effectuate his or her duties pursuant to this section and iden-
tify risks to the public, the [director of the office of homeland secu-
rity] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES shall:
(a) within six months of the effective date of this section, in
consultation with the commissioner of environmental conservation, the
commissioner of health, and such representatives of the chemical indus-
try and higher education as may be appropriate, prepare a list that
identifies toxic or hazardous substances, including but not limited to
those substances listed as hazardous to public health, safety or the
environment in regulations promulgated pursuant to article thirty-seven
of the environmental conservation law, as well as those substances for
which the state possesses insufficient or limited toxicological informa-
tion but for which there exists preliminary evidence that the substance
or the class of chemicals with similar physical and chemical properties
to which it belongs has the potential to cause death, injury, or serious
adverse effects to human health or the environment, based on the severi-
ty of the threat posed to the public by the unauthorized release of such
substances. Such list will be promulgated in accord with the provisions
of the state administrative procedure act;
(b) upon completion of the list required pursuant to paragraph (a) of
this subdivision, but no later than one hundred twenty days after such
date, in consultation with the commissioner of environmental conserva-
tion, the commissioner of health and such representatives of the chemi-
cal industry and any state, local and municipal officials as may be
appropriate, identify facilities, including facilities regulated pursu-
ant to title nine and title eleven of article twenty-seven and article
forty of the environmental conservation law, but excluding facilities
that hold liquified petroleum gas for fuel at retail sale as described
in section 112(1)(4)(B) of the Clean Air Act (42 U.S.C. section
7412(r)(4)(b)) and those facilities that are defined as "water suppli-
ers" in subdivision one of section eleven hundred twenty-five of the
public health law, which because of their storage of or relationship to
such substances identified pursuant to paragraph (a) of this subdivision
pose risks to the public should an unauthorized release of such hazard-
ous substances occur; and
S. 6606--A 88 A. 9706--A
(c) require such facilities identified pursuant to paragraph (b) of
this subdivision, as the [director] COMMISSIONER so determines, to
prepare a vulnerability assessment of the security measures taken by
such facilities to prevent and respond to the unauthorized release of
hazardous substances as may be stored therein, which assessments the
[director of the office of homeland security] COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall review and
consider in light of the seriousness of the risk posed and vulnerability
of such facility and, where appropriate, make recommendations with
respect thereto.
3. (a) On or before June first, two thousand five, the [director of
homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES shall make a preliminary report to the governor, the
temporary president of the senate, the speaker of the assembly, the
commissioner of environmental conservation, the commissioner of health
and the chief executive officer of any such affected facility or his or
her designee, and on or before December thirty-first, two thousand five,
and not later than three years after such date, and every five years
thereafter, the [director of the office of homeland security] COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall
report to the governor, the temporary president of the senate, the
speaker of the assembly, the commissioner of environmental conservation,
the commissioner of health and the chief executive officer of any such
affected facility or his or her designee. Such report shall review the
security measures being taken regarding critical infrastructure related
to such facilities, assess the effectiveness thereof, and include recom-
mendations to the legislature, the department of environmental conserva-
tion or the department of health if the [director of the office of home-
land security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES determines that additional measures are required to
be implemented.
(b) Before the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop confiden-
tiality protocols which shall be binding upon the recipient who issues
the protocols and anyone to whom the recipient shows a copy of the
report in consultation with the [director of the office of homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES, for the maintenance and use of such report so as to ensure
the confidentiality of the report and all information contained therein,
provided, however, that such protocols shall not be binding upon a
person who is provided access to such report or any information
contained therein pursuant to section eighty-nine of the public officers
law after a final determination that access to such report or any infor-
mation contained therein could not be denied pursuant to subdivision two
of section eighty-seven of the public officers law. The [director of the
office of homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall also develop protocols for such
[office] DIVISION related to the maintenance and use of such report so
as to ensure the confidentiality of all sensitive information contained
in such report. On each report, the [director of the office of homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES shall prominently display the following statement: "This
report may contain information that if disclosed could endanger the life
or safety of the public, and therefore, pursuant to section seven
hundred eleven of the executive law[, as added by a chapter of the laws
of two thousand four], this report is to be maintained and used in a
S. 6606--A 89 A. 9706--A
manner consistent with protocols established to preserve the confiden-
tiality of the information contained herein in a manner consistent with
law."
(c) The department of environmental conservation shall have the
discretion to require that recommendations of the [director of the
office of homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES be implemented by any owner or operator
of a hazardous substances storage facility as defined in this section.
S 19. Section 715 of the executive law, as added by chapter 604 of the
laws of 2007, is amended to read as follows:
S 715. [Records and data] OFFICE OF CYBER SECURITY. 1. THE OFFICE OF
CYBER SECURITY SHALL BE DEDICATED TO THE PROTECTION OF THE STATE'S CYBER
SECURITY INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO, THE IDENTIFICA-
TION AND MITIGATION OF VULNERABILITIES, DETERRING AND RESPONDING TO
CYBER EVENTS, AND PROMOTING CYBER SECURITY AWARENESS WITHIN THE STATE.
THE OFFICE SHALL ALSO BE RESPONSIBLE FOR STATEWIDE POLICIES, STANDARDS,
PROGRAMS, AND SERVICES RELATING TO CYBER SECURITY AND GEOGRAPHIC INFOR-
MATION SYSTEMS, INCLUDING THE STATEWIDE COORDINATION OF GEOGRAPHICALLY
REFERENCED CRITICAL INFRASTRUCTURE INFORMATION. THE DIRECTOR OF THE
OFFICE SHALL BE THE CHIEF CYBER SECURITY OFFICER OF NEW YORK STATE.
2. THE DIRECTOR MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL
SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION
AND DATA AS WILL ENABLE THE OFFICE PROPERLY TO CARRY OUT ITS FUNCTIONS,
POWERS AND DUTIES.
3. The director of the office [of cyber security and critical infras-
tructure coordination] is authorized to maintain, in electronic or paper
formats, maps, geographic images, geographic data and metadata.
[2.] 4. The director of the office [of cyber security and critical
infrastructure coordination] is authorized to promulgate any rules and
regulations necessary to implement the provisions of this section.
S 20. Section 715 of the executive law, as added by chapter 630 of the
laws of 2007, is amended to read as follows:
S [715.] 716. Protection of critical infrastructure; commercial
aviation, petroleum and natural gas fuel transmission facilities and
pipelines. 1. Notwithstanding any other provision of law, the [director
of the office of homeland security] COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES shall conduct a review and
analysis of measures being taken by any other agency or authority of the
state or any political subdivision thereof and, to the extent practica-
ble, of any federal entity, to protect the security of critical infras-
tructure related to commercial aviation fuel, petroleum and natural gas
transmission facilities and pipelines in this state which are not
located upon the premises of a commercial airport. As deemed appropriate
by such [director] COMMISSIONER, the [office of homeland security] DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall have the authori-
ty to physically inspect the premises and review any audits or reports
related to the security of such critical infrastructure, including
audits or reports conducted at the request of any other agency or
authority of the state or any political subdivision thereof or, to the
extent practicable, of any federal entity. The operators of such commer-
cial aviation fuel, petroleum or natural gas transmission facilities and
pipelines shall, in compliance with any federal and state requirements
regarding the dissemination of such information, provide access to the
[director of the office of homeland security] COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES to such audits or
S. 6606--A 90 A. 9706--A
reports regarding such critical infrastructure provided, however, that
exclusive custody and control of such audits and reports shall remain
solely with the operators of such commercial aviation fuel, petroleum or
natural gas transmission facilities and pipelines. For the purposes of
this article, the term "critical infrastructure" has the meaning
ascribed to that term in subdivision five of section eighty-six of the
public officers law.
2. (a) On or before December thirty-first, two thousand [eight, and
not later than three years after such date] ELEVEN, and every five years
thereafter, the [director of the office of homeland security] COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall
report to the governor, the temporary president of the senate, the
speaker of the assembly, the public service commission, and the operator
of any such affected commercial aviation fuel, petroleum or natural gas
transmission facility or pipeline. Such report shall review the security
measures being taken regarding critical infrastructure related to
commercial aviation fuel, petroleum or natural gas transmission facili-
ties and pipelines, assess the effectiveness thereof, and include recom-
mendations to the legislature, the public service commission, or the
operator of a commercial aviation fuel, petroleum or natural gas trans-
mission facility or pipeline, or any appropriate state or federal regu-
lating entity or agency if the [director of the office of homeland secu-
rity] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES determines that additional measures are required to be imple-
mented, considering among other factors, the unique characteristics of
each commercial aviation fuel, petroleum or natural gas transmission
facility or pipeline. [On or before April thirtieth, two thousand eight,
the director of the office of homeland security shall make a preliminary
report to the governor, the temporary president of the senate, the
speaker of the assembly, the public service commission, and the operator
of any such affected commercial aviation fuel, petroleum or natural gas
transmission facility or pipeline.]
(b) Before the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop confiden-
tiality protocols, which shall be binding upon the recipient who issues
the protocols and anyone to whom the recipient shows a copy of the
report, in consultation with the [director of the office of homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES for the maintenance and use of such report so as to ensure
the confidentiality of the report and all information contained therein,
provided, however, that such report and any information contained or
used in its preparation shall be exempt and not made available pursuant
to article six of the public officers law. The [director of the office
of homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES shall also develop protocols for his or her
office related to the maintenance and use of such report so as to ensure
the confidentiality of the report and all information contained therein.
On each report, the [director of the office of homeland security]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
shall prominently display the following statement: "this report may
contain information that if disclosed could endanger the life or safety
of the public, and therefore, pursuant to section seven hundred [ten]
ELEVEN of the executive law, this report is to be maintained and used in
a manner consistent with protocols established to preserve the confiden-
tiality of the information contained herein in a manner consistent with
law".
S. 6606--A 91 A. 9706--A
(c) The public service commission shall have the discretion to
require, through regulation or otherwise, that the recommendations of
the [director of the office of homeland security] COMMISSIONER OF THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES be implemented at
an affected commercial aviation fuel, petroleum or natural gas trans-
mission facility or pipeline.
(d) The [office of homeland security] DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES shall receive necessary appropriations for the
performance of its duties pursuant to this section.
S 21. Paragraph (a) of subdivision 1 of section 169 of the executive
law, as amended by section 1 of part F of chapter 56 of the laws of
2005, is amended to read as follows:
(a) commissioner of correctional services, commissioner of education,
commissioner of health, commissioner of mental health, commissioner of
mental retardation and developmental disabilities, commissioner of chil-
dren and family services, commissioner of temporary and disability
assistance, chancellor of the state university of New York, commissioner
of transportation, commissioner of environmental conservation, super-
intendent of state police, [and] commissioner of general services AND
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES;
S 21-a. The executive law is amended by adding a new section 717 to
read as follows:
S 717. OFFICE OF INTEROPERABLE AND EMERGENCY COMMUNICATIONS. 1. THE
OFFICE OF INTEROPERABLE AND EMERGENCY COMMUNICATIONS SHALL BE DEDICATED
TO THE DEVELOPMENT, COORDINATION AND IMPLEMENTATION OF POLICIES, PLANS,
STANDARDS, PROGRAMS AND SERVICES RELATED TO INTEROPERABLE AND EMERGENCY
COMMUNICATIONS. THE OFFICE SHALL COORDINATE WITH FEDERAL, STATE, LOCAL,
TRIBAL, NON-GOVERNMENTAL AND OTHER APPROPRIATE ENTITIES.
2. THE OFFICE SHALL BE RESPONSIBLE FOR COORDINATING RELEVANT GRANT
PROGRAMS AND OTHER FUNDING SOURCES TO ENHANCE INTEROPERABLE AND EMERGEN-
CY COMMUNICATIONS, AS CONSISTENT WITH THE MISSION OF THE DIVISION. THE
DIRECTOR SHALL MAKE FINAL DETERMINATIONS REGARDING THE DISTRIBUTION OF
GRANTS, IN CONSULTATION WITH THE BOARD.
3. THE DIRECTOR OF THIS OFFICE SHALL SERVE AS THE STATEWIDE INTEROPER-
ABLE AND EMERGENCY COMMUNICATIONS COORDINATOR.
4. TO ENSURE APPROPRIATE COORDINATION AND CONSULTATION WITH RELEVANT
ENTITIES, THE DIRECTOR SHALL BE THE CHAIRPERSON OF THE STATEWIDE INTER-
OPERABLE AND EMERGENCY COMMUNICATION BOARD AS DEFINED IN SECTION THREE
HUNDRED TWENTY-SEVEN OF THE COUNTY LAW, AND WHOSE DUTIES SHALL INCLUDE,
BUT NOT BE LIMITED TO ALL THE DUTIES REGULARLY ASSIGNED TO THE BOARD AS
DEFINED BY SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW.
S 22. Subdivision 2 of section 709 of the executive law is amended by
adding a new paragraph (u) to read as follows:
(U) NOTWITHSTANDING ARTICLE SIX-C OF THIS CHAPTER, OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES SHALL ESTABLISH BEST PRACTICES REGARDING TRAINING AND
EDUCATION FOR FIREFIGHTERS AND FIRST RESPONDERS WHICH SHALL INCLUDE BUT
NOT BE LIMITED TO: MINIMUM BASIC TRAINING FOR FIREFIGHTERS AND FIRST
RESPONDERS; IN-SERVICE TRAINING AND CONTINUING EDUCATION; AND SPECIAL-
IZED TRAINING AS IT MAY APPLY TO THE SPECIFIC DUTIES OF A CATEGORY OF
EMERGENCY PERSONNEL.
S 23. Section 155 of the executive law, as added by chapter 225 of the
laws of 1979, is amended to read as follows:
S 155. Office of fire prevention and control; creation; state fire
administrator; employees. There is hereby created in the [department of
S. 6606--A 92 A. 9706--A
state] DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES an office of
fire prevention and control. The head of such office shall be the state
fire administrator, who shall be appointed by the [secretary of state]
GOVERNOR and shall hold office during the pleasure of the [secretary of
state] GOVERNOR. He shall receive an annual salary to be fixed by the
[secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES within the amount available by appropriation. He
shall also be entitled to receive reimbursement for expenses actually
and necessarily incurred by him in the performance of his duties within
the amount available by appropriation. [The state fire administrator
may, from time to time, with the approval of the secretary of state,
create, abolish, transfer and consolidate divisions, bureaus, and other
units within the office of fire prevention and control as he may deter-
mine necessary for the efficient operation of such office. The state
fire administrator may, with the approval of the secretary of state,
appoint such deputies, directors and others within the office as he may
deem necessary to the proper implementation of this article, prescribe
their duties, fix their compensation and provide for reimbursement of
their actual and necessary expenses within the amounts available by
appropriation.]
S 24. Section 156-c of the executive law is REPEALED.
S 25. Section 156-f of the executive law, as added by chapter 21 of
the laws of 2006, is amended to read as follows:
S 156-f. Evacuation drills. Except as may be otherwise provided in
rules and regulations promulgated by the [department of state] DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES pursuant to article eighteen
of this chapter, in any building owned or leased in whole by the state
or any agency thereof, an evacuation drill shall be conducted at least
twice each year in which all of the occupants of the buildings shall
participate simultaneously and which shall conduct all such occupants to
a place of safety. In New York city, the state fire administrator shall
make rules, regulations and special orders necessary and suitable to
each situation, as appropriate.
S 26. Section 156-g of the executive law, as added by chapter 303 of
the laws of 2007, is amended to read as follows:
S 156-g. Establishment of teams for urban search and rescue, specialty
rescue and incident support. 1. Authorization to establish urban search
and rescue task force teams, specialty rescue teams, and incident
support teams. The [state fire administrator] COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES AFTER CONSULTATION WITH
THE STATE FIRE ADMINISTRATOR shall have the authority to establish,
organize, administer, support, train, and fund urban search and rescue
task force teams, specialty rescue teams, and incident support teams
created pursuant to this section.
2. Definitions. For the purposes of this section, the following terms
shall have the following meanings:
(a) "urban search and rescue task force team" shall mean a specialized
team or group of teams, formed pursuant to this section, organized with
capabilities equivalent to urban search and rescue task force teams
established under the federal emergency management agency in order to
assist in the removal of trapped victims in emergency situations includ-
ing, but not limited to, collapsed structures, trench excavations,
elevated locations, and other technical rescue situations.
(b) "specialty rescue team" shall mean a specialized team, formed
pursuant to this section, organized to provide technical rescue assist-
ance to first responders including, but not limited to, canine search
S. 6606--A 93 A. 9706--A
and rescue/disaster response, cave search and rescue, collapse search
and rescue, mine and tunnel search and rescue, and swift water/flood
search and rescue teams. Such teams shall be aligned with one or more of
the search and rescue categories within the federal emergency management
agency's national resource typing system.
(c) "incident support team" shall mean a team of trained response
personnel, formed pursuant to this section, organized to provide coordi-
nation with governmental agencies and non-governmental organizations as
well as technical, and logistical support to urban search and rescue
task force teams and specialty rescue teams.
3. Appointment and training of team members; equipment. (a) The [state
fire administrator] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES is hereby authorized to appoint members to any
team created pursuant to this section. Team membership shall consist of
local emergency response personnel, state agency personnel and specialty
personnel as required.
(b) The [state fire administrator] COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES shall be responsible for train-
ing and equipping the teams established pursuant to this section and for
training such other teams located within the state for response to man-
made or natural disasters to the extent appropriations are provided.
The [state fire administrator] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall support the capabilities of each
team established pursuant to this section with the necessary training
and equipment to ensure mobilization and deployment for rapid response
to emergencies and disasters to the extent appropriations are provided.
4. Accreditation of teams. The [state fire administrator] COMMISSIONER
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall have
the authority to establish an accreditation program to review and evalu-
ate new and existing local and regional technical rescue capabilities,
and provide recommendations for capability enhancement in accordance
with the national incident management system, the national response
plan, and nationally recognized standards.
5. Defense, indemnification and insurance coverage of team members.
Members of the teams formed pursuant to this section who are volunteer
firefighters, volunteer ambulance workers, municipal or state employees,
or employees of a non-governmental entity shall be provided coverage by
their respective municipalities, organizations, and entities for
purposes of sections seventeen and eighteen of the public officers law
and/or other defense and indemnification coverage and workers' compen-
sation coverage pursuant to applicable provisions of the workers'
compensation law or benefits pursuant to applicable provisions of the
volunteer firefighters' [benefits] BENEFIT law or the volunteer ambu-
lance workers' benefit law. Individuals appointed to an urban search and
rescue task force team, a specialty rescue team or an incident support
team, for which such coverage is not available, shall be deemed volun-
teer state employees for purposes of section seventeen of the public
officers law and section three of the workers' compensation law.
6. Rules and regulations. The [state fire administrator] COMMISSIONER
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AFTER
CONSULTATION WITH THE STATE FIRE ADMINISTRATOR shall have the authority
to promulgate rules and regulations as deemed necessary relating to the
accreditation of urban search and rescue task force teams, specialty
rescue teams, and incident support teams and to the formation and opera-
tion of all teams established pursuant to this section.
S. 6606--A 94 A. 9706--A
7. Funding. The [secretary of state and the state fire administrator]
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall expend the
necessary monies for training, equipment, and other items necessary to
support the operations of urban search and rescue task force teams,
specialty rescue teams and incident support teams within appropriations
provided. The [secretary of state and the state fire administrator]
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES also may, pursuant
to applicable rules and regulations approved by the director of the
division of the budget, approve grants of funds from monies allocated
and appropriated for any or all such teams.
S 27. Section 157 of the executive law, as added by chapter 225 of the
laws of 1979, is amended to read as follows:
S 157. Granting authority. The [office of fire prevention and control,
by and through the state fire administrator] DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES BY AND THROUGH THE COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES or his duly authorized
officers and employees, shall administer, carry out and approve grants
of funds from moneys allocated and appropriated therefor, for authorized
arson, fire prevention and control expenditures as defined herein, that
are conducted by municipal corporations. "Authorized arson, fire
prevention and control expenditures" shall mean those expenditures
utilized by a municipal corporation for fire or arson prevention, fire
or arson investigation and arson prosecution. No expenditure which has
not been specifically designated by the local legislative body for
arson, fire prevention and control and approved by the office of fire
prevention and control pursuant to rules and regulations promulgated
thereby shall be considered an "authorized arson, fire prevention and
control expenditure." The [office of fire prevention and control] DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall adopt, amend and
rescind such rules, regulations and guidelines as may be necessary for
the performance of its functions, powers and duties under this section.
The [office of fire prevention and control] DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES shall allocate grants under this article among
the municipalities whose applications have been approved in such a
manner as will most nearly provide an equitable distribution of the
grants among municipalities, taking into consideration such factors as
the level of suspected arson activity, population and population densi-
ty, the need for state funding to carry out local programs, and the
potential of the municipalities to effectively employ such grants.
S 28. Section 158 of the executive law is REPEALED and a new section
158 is added to read as follows:
S 158. FIREFIGHTING TRAINING. 1. FOR THE PURPOSE OF THIS SECTION, THE
TERM FIRE FIGHTER SHALL MEAN A MEMBER OF A FIRE DEPARTMENT WHOSE DUTIES
INCLUDE FIRE SERVICE AS DEFINED IN PARAGRAPH D OF SUBDIVISION ELEVEN OF
SECTION THREE HUNDRED TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
2. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS ARTICLE, THE STATE FIRE ADMINISTRATOR MAY PROMULGATE RULES AND
REGULATIONS WITH RESPECT TO:
(A) THE APPROVAL, OR REVOCATION THEREOF, OF FIRE TRAINING PROGRAMS FOR
FIRE FIGHTERS;
(B) MINIMUM COURSES OF STUDY, ATTENDANCE REQUIREMENTS, AND EQUIPMENT
AND FACILITIES TO BE REQUIRED FOR APPROVED FIRE TRAINING PROGRAMS FOR
FIRE FIGHTERS;
(C) MINIMUM QUALIFICATIONS FOR INSTRUCTORS FOR APPROVED FIRE TRAINING
PROGRAMS FOR FIRE FIGHTERS;
S. 6606--A 95 A. 9706--A
(D) THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH FIRE FIGHTERS
APPOINTED TO PROBATIONARY TERMS SHALL COMPLETE BEFORE BEING ELIGIBLE FOR
PERMANENT APPOINTMENT, AND THE TIME WITHIN WHICH SUCH BASIC TRAINING
MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT TO A PROBATIONARY TERM;
(E) THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH FIRE FIGHTERS NOT
APPOINTED FOR PROBATIONARY TERMS BUT APPOINTED ON OTHER THAN A PERMANENT
BASIS SHALL COMPLETE IN ORDER TO BE ELIGIBLE FOR CONTINUED EMPLOYMENT OR
PERMANENT APPOINTMENT, AND THE TIME WITHIN WHICH SUCH BASIC TRAINING
MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT ON A NON-PERMANENT BASIS;
(F) THE REQUIREMENTS FOR IN-SERVICE TRAINING PROGRAMS DESIGNED TO
ASSIST FIRE FIGHTERS IN MAINTAINING SKILLS AND BEING INFORMED OF TECHNO-
LOGICAL ADVANCES;
(G) CATEGORIES OR CLASSIFICATIONS OF ADVANCED IN-SERVICE TRAINING
PROGRAMS AND MINIMUM COURSES OF STUDY AND ATTENDANCE REQUIREMENTS WITH
RESPECT TO SUCH CATEGORIES OR CLASSIFICATIONS;
(H) EXEMPTIONS FROM PARTICULAR PROVISIONS OF THIS ARTICLE IN THE CASE
OF ANY COUNTY, CITY, TOWN, VILLAGE OR FIRE DISTRICT, IF IN THE OPINION
OF THE STATE FIRE ADMINISTRATOR THE STANDARDS OF FIRE TRAINING ESTAB-
LISHED AND MAINTAINED BY SUCH COUNTY, CITY, TOWN, VILLAGE OR FIRE
DISTRICT ARE EQUAL TO OR HIGHER THAN THOSE ESTABLISHED PURSUANT TO THIS
ARTICLE; OR REVOCATION IN WHOLE OR IN PART OF SUCH EXEMPTION, IF IN HIS
OR HER OPINION THE STANDARDS OF FIRE TRAINING ESTABLISHED AND MAINTAINED
BY SUCH COUNTY, CITY, TOWN, VILLAGE OR FIRE DISTRICT ARE LOWER THAN
THOSE ESTABLISHED PURSUANT TO THIS ARTICLE; AND
(I) EDUCATION, HEALTH AND PHYSICAL FITNESS REQUIREMENTS FOR ELIGIBIL-
ITY OF PERSONS FOR PROVISIONAL OR PERMANENT APPOINTMENT IN THE COMPET-
ITIVE CLASS OF THE CIVIL SERVICE AS FIRE FIGHTERS AS IT DEEMS NECESSARY
AND PROPER FOR THE EFFICIENT PERFORMANCE OF SUCH DUTIES;
3. IN FURTHERANCE OF HIS OR HER FUNCTIONS, POWERS AND DUTIES AS SET
FORTH IN THIS SECTION, THE STATE FIRE ADMINISTRATOR MAY:
(A) RECOMMEND STUDIES, SURVEYS AND REPORTS TO BE MADE BY THE STATE
FIRE ADMINISTRATOR REGARDING THE CARRYING OUT OF THE OBJECTIVES AND
PURPOSES OF THIS SECTION;
(B) VISIT AND INSPECT ANY FIRE TRAINING PROGRAMS APPROVED BY THE STATE
FIRE ADMINISTRATOR OR FOR WHICH APPLICATION FOR SUCH APPROVAL HAS BEEN
MADE; AND
(C) RECOMMEND STANDARDS FOR PROMOTION TO SUPERVISORY POSITIONS.
4. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS SECTION, THE STATE FIRE ADMINISTRATOR SHALL:
(A) APPROVE FIRE TRAINING PROGRAMS FOR FIRE FIGHTERS AND ISSUE CERTIF-
ICATES OF APPROVAL TO SUCH PROGRAMS, AND REVOKE SUCH APPROVAL OR CERTIF-
ICATE;
(B) CERTIFY, AS QUALIFIED, INSTRUCTORS FOR APPROVED FIRE TRAINING
PROGRAMS FOR FIRE FIGHTERS AND CODE ENFORCEMENT PERSONNEL AND ISSUE
APPROPRIATE CERTIFICATES TO SUCH INSTRUCTORS;
(C) CERTIFY FIRE FIGHTERS WHO HAVE SATISFACTORILY COMPLETED BASIC
TRAINING PROGRAMS AND IN-SERVICE TRAINING PROGRAMS, AND ISSUE APPROPRI-
ATE CERTIFICATES TO SUCH FIRE FIGHTERS AND REVOKE SUCH CERTIFICATES;
(D) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE ESTABLISH-
MENT, OPERATION, EFFECTIVENESS AND APPROVAL OF FIRE TRAINING PROGRAMS;
(E) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE COMPLETION OR
PARTIAL COMPLETION OF TRAINING PROGRAMS BY VIDEO OR COMPUTER TO THE
MAXIMUM EXTENT PRACTICABLE; AND
(F) CONSULT WITH AND COOPERATE WITH THE STATE UNIVERSITY OF NEW YORK
AND PRIVATE UNIVERSITIES, COLLEGES AND INSTITUTES IN THE STATE FOR THE
S. 6606--A 96 A. 9706--A
DEVELOPMENT OF SPECIALIZED COURSES OF STUDY FOR FIRE FIGHTERS IN FIRE
SCIENCE AND FIRE ADMINISTRATION.
S 28-a. The executive law is amended by adding a new section 376-a to
read as follows:
S 376-A. CODE ENFORCEMENT TRAINING. 1. FOR THE PURPOSE OF THIS
SECTION, THE TERM CODE ENFORCEMENT PERSONNEL SHALL MEAN A CODE ENFORCE-
MENT OFFICIAL CHARGED WITH ENFORCEMENT OF THE UNIFORM FIRE PREVENTION
AND BUILDING CODE OR THE STATE ENERGY CONSERVATION CONSTRUCTION CODE.
2. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS ARTICLE, THE SECRETARY OF STATE MAY PROMULGATE RULES AND REGU-
LATIONS WITH RESPECT TO:
(A) THE APPROVAL, OR REVOCATION THEREOF, OF CODE ENFORCEMENT TRAINING
PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
(B) MINIMUM COURSES OF STUDY, ATTENDANCE REQUIREMENTS, AND EQUIPMENT
AND FACILITIES TO BE REQUIRED FOR APPROVED CODE ENFORCEMENT TRAINING
PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
(C) MINIMUM QUALIFICATIONS FOR INSTRUCTORS FOR APPROVED CODE ENFORCE-
MENT TRAINING PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
(D) THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH CODE ENFORCEMENT
PERSONNEL SHALL COMPLETE IN ORDER TO BE ELIGIBLE FOR CONTINUED EMPLOY-
MENT OR PERMANENT APPOINTMENT, AND THE TIME WITHIN WHICH SUCH BASIC
TRAINING MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT;
(E) THE REQUIREMENTS FOR IN-SERVICE TRAINING PROGRAMS DEIGNED TO
ASSIST CODE ENFORCEMENT PERSONNEL IN MAINTAINING SKILLS AND BEING
INFORMED OF TECHNOLOGICAL ADVANCES;
(F) CATEGORIES OR CLASSIFICATIONS OF ADVANCED IN-SERVICE TRAINING
PROGRAMS AND MINIMUM COURSES OF STUDY AND ATTENDANCE REQUIREMENTS WITH
RESPECT TO SUCH CATEGORIES OR CLASSIFICATIONS;
(G) EXEMPTIONS FROM PARTICULAR PROVISIONS OF THIS ARTICLE IN THE CASE
OF ANY COUNTY, CITY, TOWN, OR VILLAGE IF IN THE OPINION OF THE SECRETARY
OF STATE THE STANDARDS OF CODE ENFORCEMENT TRAINING ESTABLISHED AND
MAINTAINED BY SUCH COUNTY, CITY, TOWN, OR VILLAGE ARE EQUAL TO OR HIGHER
THAN THOSE ESTABLISHED PURSUANT TO THIS ARTICLE; OR REVOCATION IN WHOLE
OR IN PART OF SUCH EXEMPTION, IF IN HIS OR HER OPINION THE STANDARDS OF
CODE ENFORCEMENT TRAINING ESTABLISHED AND MAINTAINED BY SUCH COUNTY,
CITY, TOWN, OR VILLAGE ARE LOWER THAN THOSE ESTABLISHED PURSUANT TO THIS
ARTICLE;
3. IN FURTHERANCE OF HIS OR HER FUNCTIONS, POWERS AND DUTIES AS SET
FORTH IN THIS SECTION, THE SECRETARY OF STATE MAY:
(A) RECOMMEND STUDIES, SURVEYS AND REPORTS TO BE MADE BY THE DEPART-
MENT OF STATE REGARDING THE CARRYING OUT OF THE OBJECTIVES AND PURPOSES
OF THIS SECTION;
(B) VISIT AND INSPECT ANY CODE ENFORCEMENT TRAINING PROGRAMS APPROVED
BY THE SECRETARY OF STATE OR FOR WHICH APPLICATION FOR SUCH APPROVAL HAS
BEEN MADE; AND
(C) RECOMMEND STANDARDS FOR PROMOTION TO SUPERVISORY POSITIONS.
4. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS SECTION, THE SECRETARY OF STATE SHALL:
(A) APPROVE CODE ENFORCEMENT TRAINING PROGRAMS FOR CODE ENFORCEMENT
PERSONNEL AND ISSUE CERTIFICATES OF APPROVAL TO SUCH PROGRAMS, AND
REVOKE SUCH APPROVAL OR CERTIFICATE;
(B) CERTIFY, AS QUALIFIED, INSTRUCTORS FOR APPROVED CODE ENFORCEMENT
TRAINING PROGRAMS FOR CODE ENFORCEMENT PERSONNEL AND ISSUE APPROPRIATE
CERTIFICATES TO SUCH INSTRUCTORS;
(C) CERTIFY CODE ENFORCEMENT PERSONNEL WHO HAVE SATISFACTORILY
COMPLETED BASIS TRAINING PROGRAMS AND IN-SERVICE TRAINING PROGRAMS, AND
S. 6606--A 97 A. 9706--A
ISSUE APPROPRIATE CERTIFICATES TO SUCH CODE ENFORCEMENT PERSONNEL, AND
REVOKE SUCH CERTIFICATE;
(D) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE ESTABLISH-
MENT, OPERATION, EFFECTIVENESS AND APPROVAL OF CODE ENFORCEMENT TRAINING
PROGRAMS;
(E) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE COMPLETION OR
PARTIAL COMPLETION OF TRAINING PROGRAMS BY VIDEO OR COMPUTER TO THE
MAXIMUM EXTENT PRACTICABLE;
(F) CONSULT WITH AND COOPERATE WITH THE STATE UNIVERSITY OF NEW YORK
AND PRIVATE UNIVERSITIES, COLLEGES AND INSTITUTES IN THE STATE FOR THE
DEVELOPMENT OF SPECIALIZED COURSES OF STUDY FOR CODE ENFORCEMENT PERSON-
NEL.
S 29. Section 159 of the executive law is REPEALED.
S 30 Section 159-a of the executive law is REPEALED.
S 31. Section 159-b of the executive law is REPEALED.
S 32. Section 159-c of the executive law is REPEALED.
S 33. Section 159-d of the executive law is REPEALED.
S 34. Section 580 of the executive law is REPEALED.
S 35. Section 97-pp of the state finance law, as amended by chapter
631 of the laws of 1994, subdivisions 4, 5 and 6 as amended by chapter
72 of the laws of 2006, is amended to read as follows:
S 97-pp. New York state emergency services revolving loan account. 1.
There is hereby established within the combined expendable trust
fund-020 in the custody of the state comptroller a new account to be
known as the "New York state emergency services revolving loan account".
2. The account shall consist of all moneys appropriated for its
purpose, all moneys transferred to such account pursuant to law, and all
moneys required by this section or any other law to be paid into or
credited to this account, including all moneys received by the account
or donated to it, payments of principal and interest on loans made from
the account, and any interest earnings which may accrue from the invest-
ment or reinvestment of moneys from the account.
3. Moneys of the account, when allocated, shall be available to the
[secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES to make loans as provided in this section. Up to
five percent of the moneys of the account or two hundred fifty thousand
dollars, whichever is less, may be used to pay the expenses, including
personal service and maintenance and operation, in connection with the
administration of such loans.
4. (a) The [secretary of state] COMMISSIONER OF THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES, on recommendation of the [emergen-
cy services loan board] STATE FIRE ADMINISTRATOR, may make, upon appli-
cation duly made, up to the amounts available by appropriation, loans
for:
(i) Purchasing fire fighting apparatus. A loan for purchasing fire
fighting apparatus shall not exceed the lesser of two hundred twenty-
five thousand dollars or seventy-five percent of the cost of the fire
fighting apparatus; provided, however, that loans issued in response to
a joint application shall not exceed the lesser of four hundred thousand
dollars or seventy-five percent of the cost of the fire fighting appara-
tus.
(ii) Purchasing ambulances or rescue vehicles. A loan for purchasing
an ambulance or a rescue vehicle shall not exceed the lesser of one
hundred fifty thousand dollars or seventy-five percent of the cost of
the ambulance or rescue vehicle; provided, however, that loans issued in
response to a joint application shall not exceed the lesser of two
S. 6606--A 98 A. 9706--A
hundred sixty-five thousand dollars or seventy-five percent of the cost
of the ambulance or rescue vehicle.
(iii) Purchasing protective equipment or communication equipment. A
loan for purchasing protective equipment or communication equipment or
both shall not exceed one hundred thousand dollars. Communication equip-
ment purchased with such loan shall, to the maximum extent practicable,
be compatible with the communication equipment of adjacent services and
jurisdictions; provided, however, that loans issued in response to a
joint application shall not exceed one hundred sixty-five thousand
dollars.
(iv) Repairing or rehabilitating fire fighting apparatus, ambulances,
or rescue vehicles. A loan for repairing or rehabilitating fire fighting
apparatus, ambulances, or rescue vehicles shall not exceed the lesser of
seventy-five thousand dollars or one hundred percent of the cost of the
repair or rehabilitation; provided, however, that loans issued in
response to a joint application shall not exceed the lesser of one
hundred thirty-five thousand dollars or one hundred percent of the cost
of the repair or rehabilitation.
(v) Purchasing accessory equipment. A loan for purchasing accessory
equipment shall not exceed seventy-five thousand dollars; provided,
however, that loans issued in response to a joint application shall not
exceed one hundred thirty-five thousand dollars.
(vi) Renovating, rehabilitating or repairing facilities that house
firefighting equipment, ambulances, rescue vehicles and related equip-
ment. A loan for this purpose shall not exceed the lesser of one hundred
fifty thousand dollars or seventy-five percent of the cost of the
project; provided, however, that loans issued in response to a joint
application shall not exceed the lesser of two hundred sixty-five thou-
sand dollars or seventy-five percent of the cost of the project.
(vii) Construction costs associated with the establishment of facili-
ties that house firefighting equipment, ambulances, rescue vehicles and
related equipment. A loan for this purpose shall not exceed the lesser
of three hundred thousand dollars or seventy-five percent of the cost of
the construction, or be used for the payment of fees for design, plan-
ning, preparation of applications or other costs not directly attribut-
able to land acquisitions or construction; provided, however, that loans
issued in response to a joint application shall not exceed the lesser of
five hundred twenty-five thousand dollars or seventy-five percent of the
cost of the construction, or be used for the payment of fees for design,
planning, preparation of applications or other costs not directly
attributable to land acquisitions or construction.
(viii) Construction costs associated with the establishment of facili-
ties for the purpose of live fire training. A loan for this purpose
shall not be granted if another live fire training facility is located
within the boundaries of the county or within twenty-five miles. A loan
for this purpose shall not exceed the lesser of one hundred fifty thou-
sand dollars or seventy-five percent of the cost of construction,
provided, however, joint applications shall not exceed the lesser of two
hundred sixty-five thousand dollars or seventy-five percent of the cost
of construction or be used for the payment of fees for design, planning,
preparation of applications or other costs not directly attributable to
land acquisitions or construction.
(b) No loan authorized by this section shall have an interest rate
exceeding two and one-half percent. No applicant shall receive a loan
for any purpose under paragraph (a) of this subdivision more than once
in any five-year period; provided, however, that joint applicants may
S. 6606--A 99 A. 9706--A
receive up to two loans in any five year period. The minimum amount of
any loan shall be five thousand dollars. The period of any loan shall
not exceed the period of probable usefulness, prescribed by section
11.00 of the local finance law, for the emergency equipment to be
purchased with the proceeds of the loan or, if no period be there
prescribed, five years. The total amount of any interest earned by the
investment or reinvestment of all or part of the principal of any loan
made under this section shall be returned to the [secretary of state]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
for deposit in the account and shall not be credited as payment of prin-
cipal or interest on the loan. The [secretary of state] COMMISSIONER OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES may require
security for any loan and may specify the priority of liens against any
emergency equipment wholly or partially purchased with moneys loaned
under this section. The [secretary of state] COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES may make loans under
this section subject to such other terms and conditions the [secretary]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
deems proper.
(c) The [secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall have the power to make such rules
and regulations as may be necessary and proper to effectuate the
purposes of this section.
(d) The [secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall annually report by March fifteenth
to the governor and the legislature describing the activities and opera-
tion of the loan program authorized by this section. Such report shall
set forth the number of loan applications received and approved; the
number of joint applications received and approved; the names of coun-
ties, cities, towns, villages and fire districts receiving loans togeth-
er with the amount and purpose of the loan, the interest rate charged,
and the outstanding balance; and the balance remaining in the New York
state emergency services revolving loan account, along with fund reven-
ues and expenditures for the previous fiscal year, and projected reven-
ues and expenditures for the current and following fiscal years.
5. (a) Application for loans may be made by a town, village, city,
fire district, fire protection district, independent, not-for-profit
fire and ambulance corporation or county, other than a county wholly
contained within a city, provided that the application is otherwise
consistent with its respective powers. Applications may also be submit-
ted jointly by multiple applicants provided that the application is
otherwise consistent with each applicant's respective powers.
(b) Every application shall be in a form acceptable to the [secretary
of state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES. Every application shall accurately reflect the conditions
which give rise to the proposed expenditure and accurately reflect the
ability of the applicant to make such an expenditure without the
proceeds of a loan under this section.
(c) (i) The [emergency services loan board] COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall give preference
to those applications which demonstrate the greatest need, joint appli-
cations, and to those applications the proceeds of which will be applied
toward attaining compliance with federal and state laws and may disap-
prove any application which contains no adequate demonstration of need
or which would result in inequitable or inefficient use of the moneys in
the account.
S. 6606--A 100 A. 9706--A
(ii) In making determinations on loan applications, the [emergency
services loan board] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES shall assure that loan fund moneys are equitably
distributed among all sectors of the emergency services community and
all geographical areas of the state. Loans for the purpose of personal
protective firefighting equipment shall be given preference for a period
of two years from the date the first loan is made. Not less than fifty
percent of the loans annually made shall be made to applicants whose
fire protection or ambulance service is provided by a fire department or
ambulance service whose membership is comprised exclusively of volun-
teers and whose budget for the fiscal year immediately preceding did not
exceed one hundred thousand dollars.
(d) [An application or joint application shall be referred by the
secretary of state to the emergency services loan board. The board shall
consist of the following thirteen members: the secretary of state as
chair, or the secretary's designee, the state fire administrator, five
members appointed by the governor, two members appointed by the tempo-
rary president of the senate, two members appointed by the speaker of
the assembly, one member appointed by the minority leader of the senate,
and one member appointed by the minority leader of the assembly. Each
member of the board shall serve at the pleasure of the appointing offi-
cial. Members of the board shall serve without salary or per diem allow-
ance, but shall be entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties under this
section, provided, however, that such members are not, at the time such
expenses are incurred, public employees otherwise entitled to such
reimbursement. Notwithstanding any inconsistent provisions of law,
general, special or local, no officer or employee of the state, or poli-
tical subdivision of the state, any governmental entity operating any
public school or college or other public agency or instrumentality or
unit of government which exercises governmental powers under the laws of
the state, shall forfeit office or employment by reason of acceptance or
appointment as a member, representative, officer, employee or agent of
the board nor shall service as such member, representative, officer,
employee or agent of the board be deemed incompatible or in conflict
with such office or employment.
(e)] An application or joint application shall not be approved:
(i) if the applicant or applicants are in arrears on any prior loan
under this section,
(ii) if it shall be shown that at any time in the prior ten years the
applicant or applicants used state funds to repay all or part of any
loan made under this section.
[(f)] (E) The [emergency services loan board] COMMISSIONER OF THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall, to the maxi-
mum extent feasible, and consistent with the other provisions of this
section, seek to provide that loans authorized by this section reflect
an appropriate geographic distribution, are distributed equitably and
encourage regional cooperation.
6. For purposes of this section, the following terms shall have the
accompanying meanings:
(a) "Fire companies" means (i) a fire company, the members of which
are firefighters, volunteer, paid or both, of a county, city, town,
village, fire district or fire department, or (ii) a fire corporation,
the members of which are firefighters, volunteer, paid or both, provid-
ing fire protection pursuant to a fire protection contract within a fire
protection district of a town.
S. 6606--A 101 A. 9706--A
(b) "Volunteer ambulance service" means an individual, partnership,
association, corporation, municipality or any legal or public entity or
subdivision thereof engaged in providing emergency medical services and
the transportation of sick, disabled or injured persons by motor vehi-
cle, aircraft or other form of transportation to or from facilities
providing hospital services which is (i) operating not for pecuniary
profit or financial gain, and (ii) no part of the assets or income of
which is distributable to, or inures to the benefit of, its members,
directors or officers.
(c) "Ambulance" means a motor vehicle designed, appropriately
equipped, and used for carrying sick or injured persons.
(d) "Accessory equipment" means equipment necessary to support the
ordinary functions of fire fighting, emergency medical services, or
rescue activities other than communication equipment, protective equip-
ment, and motor vehicles together with their fixtures and appointments.
(e) "Account" means the New York state emergency services revolving
loan account established by this section within the combined expendable
trust fund-020.
(f) "Communication equipment" means any voice or original transmission
system or telemetry system used to enhance fire fighter safety on the
grounds of a fire or other emergency.
(g) "Emergency equipment" means any or all of the following: ambu-
lances, accessory equipment, communication equipment, fire fighting
apparatus, protective equipment, and rescue vehicles.
(h) "Fire fighting apparatus" means elevated equipment, pumpers, tank-
ers, ladder trucks, hazardous materials emergency response vehicles, or
other such specially equipped motor vehicles used for fire protection,
together with the fixtures and appointments necessary to support their
functions.
(i) "Joint application" means an application submitted by two or more
towns, villages, cities, fire districts, fire protection districts,
not-for-profit fire and ambulance corporations or counties, other than a
county wholly contained within a city, for any purposes provided in
subdivision four of this section.
(j) "Protective equipment" means any clothing and devices that comply
with occupational safety and health administration standards (federal
occupational safety and health act regulations) used to protect person-
nel who provide emergency services from injury while performing their
functions, including, but not limited to, helmets, coats, boots, eyesh-
ields, gloves and self contained respiratory protection devices.
(k) "Rescue vehicle" means a motor vehicle, other than an ambulance or
fire fighting apparatus, appropriately equipped and used to support fire
department operations and includes a vehicle specifically for carrying
accessory equipment.
S 36. Section 326 of the county law, as added by section 1 of part G
of chapter 81 of the laws of 2002, is amended to read as follows:
S 326. New York state [911] INTEROPERABLE AND EMERGENCY COMMUNICATION
board. The "New York state [911] INTEROPERABLE AND EMERGENCY COMMUNI-
CATION board" is hereby established within the [department of state]
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES. The board shall
assist local governments, service suppliers, wireless telephone service
suppliers and appropriate state agencies by facilitating the most effi-
cient and effective routing of 911 emergency calls; developing minimum
standards for public safety answering points; promoting the exchange of
information, including emerging technologies; and encouraging the use of
S. 6606--A 102 A. 9706--A
best practice standards among the public safety answering point communi-
ty.
S 37. Section 328 of the county law is amended by adding a new subdi-
vision 10 to read as follows:
10. THE NEW YORK STATE INTEROPERABLE AND EMERGENCY COMMUNICATION BOARD
SHALL ADVISE THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES ON PRIORITIES AND APPROVAL OF ALL INTEROPERABLE
EXPENDITURES AND REQUESTS FOR EXPENDITURE OF GRANTS AND OTHER FUNDING
PROGRAMS RELATED TO INTEROPERABLE COMMUNICATIONS. IN CARRYING OUT THIS
RESPONSIBILITY, AND CONSISTENT WITH THE MISSION OF THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES, THE BOARD WILL PROVIDE GUIDANCE
RELATED TO THE DEVELOPMENT, COORDINATION AND IMPLEMENTATION OF POLICIES,
PLANS, STANDARDS, PROGRAMS AND SERVICES RELATED TO INTEROPERABLE AND
EMERGENCY COMMUNICATIONS.
S 38. Section 327 of the county law, as added by section 1 of part G
of chapter 81 of the laws of 2002, subdivision 5 as amended by section 2
of part Y of chapter 62 of the laws of 2003, is amended to read as
follows:
S 327. New York state [911] INTEROPERABLE AND EMERGENCY COMMUNICATION
board membership. 1. The board shall consist of [thirteen] TWENTY-FIVE
members who shall be selected as follows:
(a) one shall be the [secretary of state] STATEWIDE INTEROPERABLE AND
EMERGENCY COMMUNICATION COORDINATOR, or his or her designee, who shall
be the chairperson of the board;
(b) one shall be the commissioner of criminal justice services, or his
or her designee;
(c) [five] ONE SHALL BE THE SUPERINTENDENT OF THE STATE POLICE, OR HIS
OR HER DESIGNEE;
(D) ONE SHALL BE THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND
NAVAL AFFAIRS, OR HIS OR HER DESIGNEE;
(E) ONE SHALL BE THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES, OR HIS OR HER DESIGNEE;
(F) ONE SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION,
OR HIS OR HER DESIGNEE;
(G) ONE SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR HIS
OR HER DESIGNEE;
(H) ONE SHALL BE THE DIRECTOR OF THE OFFICE FOR TECHNOLOGY, OR HIS OR
HER DESIGNEE;
(I) SEVEN shall be appointed by the governor; provided, however, that
no more than two such appointments made pursuant to this paragraph shall
be from the same category of members as provided for in subdivision two
of this section;
[(d) three] (J) FIVE shall be appointed by the governor upon the
recommendation of the temporary president of the senate; provided,
however, that no more than one such appointment made pursuant to this
paragraph shall be from the same category of members as provided for in
subdivision two of this section; and
[(e) three] (K) FIVE shall be appointed by the governor upon the
recommendation of the speaker of the assembly; provided, however, that
no more than one such appointment made pursuant to this paragraph shall
be from the same category of members as provided for in subdivision two
of this section.
2. The members appointed upon the recommendation of the temporary
president of the senate and the speaker of the assembly, and the members
appointed by the governor pursuant to paragraph (c) of subdivision one
of this section, shall be representative of chiefs of police, sheriffs,
S. 6606--A 103 A. 9706--A
fire chiefs and departments, ambulance service providers, including
proprietary or volunteer ambulance services, county 911 coordinators,
emergency managers, local elected officials, NON-GOVERNMENTAL ORGANIZA-
TIONS SPECIALIZING IN DISASTER RELIEF, TRIBAL NATION REPRESENTATION, AND
STATEWIDE FIRST RESPONDER ASSOCIATIONS, wireless telephone service
suppliers, service suppliers or representatives of consumer interests.
3. Each board member shall be appointed for a term of four years.
Vacancies in the board occurring otherwise than by expiration of a term
shall be filled for the unexpired term in the same manner as the
original appointment. The board shall meet as frequently as it may deem
necessary and at least four times each year on such dates as agreed upon
by the board. The board may approve and from time to time amend bylaws
in relation to its meetings and the transaction of its business. A
majority of the members of the board then in office shall constitute a
quorum for the transaction of any business or the exercise of any power
by the board.
4. Members of the board shall receive no compensation for their
services, but shall be reimbursed for actual and necessary expenses
incurred by them in the performance of their duties. Notwithstanding any
inconsistent provisions of law, no officer or employee of the state or
any political subdivision of the state shall forfeit such office or
employment by reason of acceptance or appointment as a member of the
board. For purposes of section thirteen of article thirteen of the state
constitution, membership on the board by a sheriff shall not constitute
public office.
5. Article two of the state administrative procedure act shall not
apply, provided, however, that the board shall publicly post the stand-
ards proposed pursuant to section three hundred twenty-eight of this
article no later than forty-five days prior to their adoption. Such
standards shall be posted in appropriate publications, the state regis-
ter and on the [department of state's] DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES' website. During such forty-five day period, the
board shall receive and consider public comment on the proposed stand-
ards before adopting final standards. Upon final adoption, those stand-
ards adopted pursuant to section three hundred twenty-eight of this
article shall be posted in appropriate publications, the state register
and on the [department of state's] DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES' website.
6. The board shall be subject to articles six and seven of the public
officers law.
S 39. Section 328-a of the county law is REPEALED.
S 40. Section 328-b of the county law, as added by section 1 of part G
of chapter 81 of the laws of 2002, is amended to read as follows:
S 328-b. Powers and duties of the chairperson. 1. The chairperson of
the board shall coordinate efforts among other executive agencies having
an interest in the duties of the board, and shall consult with such
agencies in carrying out the duties of the board.
2. The chairperson shall receive such assistance as required to carry
out its duties from staff of the [department of state] DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES designated for such purposes, as
well as staff members recommended by other state agencies to the chair-
person.
3. The board may request and receive from any department, division,
board, bureau, commission, or other agency of the state or any political
subdivision thereof such assistance, information, and data as will
S. 6606--A 104 A. 9706--A
enable the board to properly carry out its functions, powers, and duties
under this article.
S 41. Section 331 of the county law is REPEALED.
S 42. Section 332 of the county law is REPEALED.
S 43. Paragraph (c) of subdivision 6 of section 186-f of the tax law,
as added by section 3 of part B of chapter 56 of the laws of 2009, is
amended to read as follows:
(c) [To fund costs associated with the design, construction, and oper-
ation of the statewide wireless network annually pursuant to appropri-
ation by the legislature] UP TO THE SUM OF SEVENTY-FIVE MILLION DOLLARS
ANNUALLY MAY BE USED FOR THE PROVISION OF GRANTS OR REIMBURSEMENTS TO
COUNTIES FOR THE DEVELOPMENT, CONSOLIDATION, OR OPERATION OF PUBLIC
SAFETY COMMUNICATIONS SYSTEMS OR NETWORKS DESIGNED TO SUPPORT STATEWIDE
INTEROPERABLE COMMUNICATIONS FOR FIRST RESPONDERS, TO BE DISTRIBUTED
PURSUANT TO STANDARDS AND GUIDELINES ISSUED BY THE STATE. ANNUAL GRANTS
MAY CONSIDER COSTS BORNE BY A MUNICIPALITY RELATED TO THE ISSUANCE OF
LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS PURSUANT TO SECTION TWENTY-FOUR
HUNDRED THIRTY-TWO OF THE PUBLIC AUTHORITIES LAW, WHEN THE MUNICIPALITY
HAS QUALIFIED AS AN APPROVED PARTICIPANT IN A STATEWIDE INTEROPERABLE
COMMUNICATIONS SYSTEM UNDER THE STANDARDS AND GUIDELINES ISSUED BY THE
STATE, AND MAINTAINS COMPLIANCE WITH SUCH STANDARDS AND GUIDELINES. THE
GRANT AMOUNT WILL BE PRESCRIBED PURSUANT TO AN AGREEMENT WITH THE MUNI-
CIPALITY, AND MAY NOT EXCEED THIRTY PERCENT OF THE ANNUAL COST BORNE BY
THE MUNICIPALITY IN RELATION TO SUCH BONDS;
S 44. Paragraph (d) of subdivision 6 of section 186-f of the tax law
is REPEALED, paragraph (e) as added by section 3 of part B of chapter 56
of the laws of 2009 is relettered paragraph (d) and amended and a new
paragraph (e) is added to read as follows:
(d) To provide the costs of debt service for bonds and notes issued to
finance expedited deployment funding pursuant to the provisions of
section three hundred thirty-three of the county law and section sixteen
hundred eighty-nine-h of the public authorities law[.]; AND
(E) SERVICES AND EXPENSES THAT SUPPORT THE OPERATIONS AND MISSION OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AS APPROPRIATED
BY THE LEGISLATURE.
S 45. Section 156-e of the executive law, as added by section 2 of
part A of chapter 81 of the laws of 2002, is amended to read as follows:
S 156-e. College fire safety. 1. Notwithstanding the provisions of any
law to the contrary, the office of fire prevention and control OF THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, by and through the
state fire administrator or their duly authorized officers and employ-
ees, shall have the responsibility to annually inspect buildings under
the jurisdiction of public colleges and independent colleges, as these
terms are defined in section eight hundred seven-b of the education law,
for compliance with and violations of the uniform fire prevention and
building code; or any other applicable code, rule or regulation pertain-
ing to fire safety. Buildings subject to inspection are all buildings
under the jurisdiction of such colleges used for classroom, dormitory,
fraternity, sorority, laboratory, physical education, dining, recre-
ational or other purposes.
2. a. The office of fire prevention and control shall have the power
to issue a notice of violation and orders requiring the remedying of any
condition found to exist in, on or about any such building which
violates the uniform fire prevention and building code, or any other
code, rule or regulation pertaining to fire safety, fire safety equip-
ment and fire safety devices. Such office is further authorized to
S. 6606--A 105 A. 9706--A
promulgate regulations regarding the issuance of violations, compliance
with orders, and providing for time for compliance, reinspection proce-
dures, and issuance of certificates of conformance.
b. Where any college authority in general charge of the operation of
any public or independent college buildings is served personally or by
registered or certified mail with an order of the office of fire
prevention and control to remedy any violation and fails to comply with
such order immediately or within such other time as specified in the
order, the office of fire prevention and control may avail itself of any
or all of the following remedies: (1) assess a civil penalty of up to
five hundred dollars per day until the violation is corrected; (2) order
immediate closure of the building, buildings or parts thereof where a
violation exists that poses an imminent threat to public health and
safety; (3) [exercise all of the authority conferred upon the secretary
of state pursuant to article eighteen of this chapter to obtain compli-
ance with its orders; or (4)] refer violations to the appropriate local
government authorities for enforcement pursuant to article eighteen of
this chapter.
c. The office of fire prevention and control [by and through the
secretary of state] is authorized to commence necessary proceedings in a
court of competent jurisdiction seeking enforcement of any of its orders
and payment of assessed penalties.
3. a. Except as provided herein, any county, city, town or village,
pursuant to resolution of their respective legislative bodies, may apply
to the office of fire prevention and control for delegation of all or
part of the duties, rights and powers conferred upon the office of fire
prevention and control by this section and section eight hundred seven-b
of the education law. Upon acceptable demonstration of adequate capabil-
ity, resources and commitment on the part of the applicant local govern-
ment, the office of fire prevention and control may make such deleg-
ation, in which case the local government shall also have all of the
rights, duties and powers provided to local governments in article eigh-
teen of this chapter and in any city charter or code. The authority
granted in this section to assess civil penalties, order closure of
buildings [and take action possessed by the secretary of state under
article eighteen of this chapter,] shall not be delegated to the local
government. Such powers shall continue in the office of fire prevention
and control which may exercise them in the case of violations, on its
own volition or at the request of the delegee local government. The
delegation shall expire after three years, and may be renewed at the
discretion of the office of fire prevention and control. All inspection
reports conducted pursuant to a delegation of authority shall be prompt-
ly filed with the office of fire prevention and control. In the event
any such report is not filed or reasonable grounds exist to believe that
inspections or enforcement are inadequate or ineffective, the office of
fire prevention and control may revoke the delegation or continue it
subject to terms and conditions specified by the office of fire
prevention and control.
b. The authorities in a city having a population of one million or
more shall exercise all of the rights, powers and duties pertaining to
inspection of independent and public college buildings and enforcement
provided in this section and section eight hundred seven-b of the educa-
tion law, without impairing any existing authority of such city. A copy
of all inspection reports shall be filed with the office of fire
prevention and control by the authorities conducting inspections.
S. 6606--A 106 A. 9706--A
S 46. Subdivision 2 and paragraph (b) of subdivision 3 of section
837-o of the executive law, as amended by chapter 689 of the laws of
2002, are amended to read as follows:
2. Within ten business days of receipt from the applicant, the chief
of the fire company shall send the completed search request form to
either (i) the sheriff's department of the county in which the fire
company is located, or (ii) the [department of state,] office of fire
prevention and control, as follows:
(a) the sheriff's department of the county in which the fire company
is located shall be responsible for receiving the search requests and
processing the search requests with the division within ten business
days of receipt from the chief of the fire company, unless the county
legislative body adopts and files with the [secretary of state] OFFICE
OF FIRE PREVENTION AND CONTROL pursuant to the municipal home rule law a
local law providing that the sheriff's department shall not have such
responsibility;
(b) in all other instances where a county legislative body has adopted
a local law pursuant to paragraph (a) of this subdivision, the [depart-
ment of state,] office of fire prevention and control shall be responsi-
ble for receiving search requests and forwarding the search requests to
the division.
The [department of state,] office of fire prevention and control is
hereby authorized to establish a communication network with the division
for the purpose of forwarding search requests and receiving search
results pursuant to paragraph (b) of this subdivision.
(b) The results of the search shall be communicated in writing, within
ten business days of receipt from the division, to the chief of the fire
company from which the search request originated by either the sheriff's
department or the [department of state,] office of fire prevention and
control, and shall be kept confidential by the chief, except as provided
in paragraph (c) of this subdivision. The results of the search shall
only state either that: (i) the applicant stands convicted of arson, or
(ii) the applicant has no record of conviction for arson. The results of
the search shall not divulge any other information relating to the crim-
inal history of the applicant.
S 47. Subdivisions 1 and 2 of section 225-a of the county law, as
amended by chapter 225 of the laws of 1979, are amended to read as
follows:
1. In order to develop and maintain programs for fire training, fire
service-related activities and mutual aid in cases of fire and other
emergencies in which the services of firemen would be used and to coop-
erate with the office of fire prevention and control [in the department
of state] in furthering such programs, the board of supervisors of any
county may create a county fire advisory board and may establish the
office of county fire coordinator.
2. A county fire advisory board shall consist of not less than five
nor more than twenty-one members, each of whom shall be appointed by the
board of supervisors for a term of not to exceed one year, two years or
three years. Such terms of office need not be the same for all members.
It shall be the duty of such board to cooperate with the office of fire
prevention and control [in the department of state] in relation to such
programs for fire training, fire service-related activities and mutual
aid; to act as an advisory body to the board of supervisors and to the
county fire coordinator, if any, in connection with the county partic-
ipation in such programs for fire training, fire service-related activ-
ities and mutual aid and in connection with the county establishment and
S. 6606--A 107 A. 9706--A
maintenance of a county fire training school and mutual aid programs in
cases of fire and other emergencies in which the services of firemen
would be used; to perform such other duties as the board of supervisors
may prescribe in relation to fire training, fire service-related activ-
ities and mutual aid in cases of fire and other emergencies in which the
services of firemen would be used. The members of such board shall be
county officers, and shall serve without compensation.
S 48. Section 399-n of the general business law, as added by chapter
576 of the laws of 1985, is amended to read as follows:
S 399-n. Approval of electrical devices. Whenever electrical devices
or electrical wiring or electrical apparatus are required to be approved
by underwriters laboratories for fire safety by any statute, law, rule
or regulation, of the state or any municipality thereof, approval by any
qualified laboratory or testing organization that tests for fire safety
in the state of New York will be deemed to be satisfaction of such
requirement. For the purposes of this section, a qualified laboratory or
testing organization is one which meets the criteria of (1) the American
Society for Testing Materials test E548-76, or (2) any rules or regu-
lations relating thereto that may be promulgated by [the office of fire
prevention and control of] the department of state.
S 49. Section 204-d of the general municipal law, as amended by chap-
ter 583 of the laws of 2006, is amended to read as follows:
S 204-d. Duties of the fire chief. The fire chief of any fire depart-
ment or company shall, in addition to any other duties assigned to him
by law or contract, to the extent reasonably possible determine or cause
to be determined the cause of each fire or explosion which the fire
department or company has been called to suppress. He shall file with
the office of fire prevention and control [of the department of state] a
report containing such determination and any additional information
required by such office regarding the fire or explosion. The report
shall be in the form designated by such office. He shall contact or
cause to be contacted the appropriate investigatory authority if he has
reason to believe the fire or explosion is of incendiary or suspicious
origin. For all fires that are suspected to have been ignited by a ciga-
rette, within fourteen days after completing the investigation into such
fire, the fire chief shall forward to [the office of fire prevention and
control] THE DEPARTMENT OF STATE information detailing, to the extent
possible: (a) the specific brand and style of the cigarette suspected of
having ignited such fire; (b) whether the cigarette package was marked
as required by subdivision six of section one hundred fifty-six-c of the
executive law; and (c) the location and manner in which such cigarette
was purchased.
S 50. Subdivisions 1 and 2 of section 209-e of the general municipal
law, as amended by chapter 225 of the laws of 1979, are amended to read
as follows:
1. Plan. The state fire administrator shall prepare a state fire mobi-
lization and mutual aid plan which may provide for the establishment of
fire mobilization and mutual aid zones of the state. Upon filing of the
plan in the office [of the department of state] OF FIRE PREVENTION AND
CONTROL such plan shall become the state fire mobilization and mutual
aid plan. Such plan may be amended from time to time in the same manner
as originally adopted.
2. Regional fire administrators. The state fire administrator may
appoint and remove a regional fire administrator for each fire mobiliza-
tion and mutual aid zone established pursuant to the state fire mobili-
zation and mutual aid plan. Before he enters on the duties of the
S. 6606--A 108 A. 9706--A
office, each regional fire administrator shall take and subscribe before
an officer authorized by law to administer oaths the constitutional oath
of office, which shall be administered and certified by the officer
taking the same without compensation and shall be filed in the office of
[the department of state] FIRE PREVENTION AND CONTROL.
S 51. Subdivision (b) of section 318 of the insurance law is amended
to read as follows:
(b) The information contained in such reports shall, in accordance
with such regulations, be available to law enforcement agencies, to tax
districts which have, pursuant to the provisions of section twenty-two
of the general municipal law, filed with the superintendent a notice of
intention to claim against the proceeds of a policy of fire insurance,
to the office of fire prevention and control [of the department of
state,] and to appropriate governmental agencies charged with the
responsibility for demolition of structures.
S 52. Section 54-e of the state finance law, as added by chapter 741
of the laws of 1978, paragraph g of subdivision 1 as amended by chapter
225 of the laws of 1979, is amended to read as follows:
S 54-e. State assistance to reimburse municipalities for firefighting
costs. 1. As used in this section, unless otherwise expressly stated:
a. "Normal operating expenses" shall mean those costs, losses and
expenses which are ordinarily associated with the maintenance, adminis-
tration and day-to-day operations of the fire department of a munici-
pality. Such expenses shall include, but not be limited to, the ordinary
wages of firefighters, administrative and other overhead costs, depreci-
ation, the costs of litigation and the costs of employee's benefits,
including insurance, disability, death, or health care whether or not
such costs are incurred as the result of firefighting services rendered
to property under the jurisdiction of the state of New York.
b. "Firefighting costs" shall mean those expenses and losses which
would not have been incurred had not the fire in question taken place.
Such costs shall include, but not be limited to, salaries for specially
employed personnel, costs of supplies expended, and the lesser of (1)
the cost of repairing any destroyed or damaged equipment or (2) the
value of such equipment immediately preceding the fire. Firefighting
costs shall not include: normal operating expenses as defined herein,
any firefighting cost for which the municipality is reimbursed under a
policy of insurance or any costs associated with false alarms, regard-
less of cause.
c. "Claim" shall mean that amount which is equal to those firefighting
costs incurred by a municipality to the extent that such costs exceed
the sum of two hundred fifty dollars.
d. "Fire" shall mean any instance of destructive and uncontrolled
burning on property under the jurisdiction of the state of New York
including scorch burns and explosions of combustible dust or solids,
flammable liquids and gases.
e. "Municipality" shall mean any county, city, village, town or fire
district, having a fire department consisting of personnel, apparatus
and equipment which has as its purpose protecting property and maintain-
ing the safety and welfare of the public from the dangers of fire, or,
in the case of a fire protection district or that portion of a town
outside a village or fire district, a fire company as defined in section
three of the volunteer [firemen's] FIREFIGHTERS' benefit law. The
personnel of any such fire department may be paid employees or unpaid
volunteers or any combination thereof.
S. 6606--A 109 A. 9706--A
f. "Property under the jurisdiction of the state of New York" shall
mean real property and improvements thereon and appurtenances thereto in
which the state of New York holds legal fee simple title and further,
any real property conveyed or made available to the New York state hous-
ing finance agency or the dormitory authority of the state of New York
under agreements for the financing and construction of facilities for
the state university of New York; provided however, with the exception
of property occupied by the state university of New York, such property
shall not include leasehold interest; provided further, such property
shall not include any property for which a municipality receives any
payments-in-lieu of taxes or any other payments, including real property
taxes, that are or may be used for providing fire protection to such
property.
[g. "Secretary" shall mean the secretary of state or the state fire
administrator as his designee.]
2. Any municipality whose fire department has responded to a fire on
property under the jurisdiction of the state of New York:
a. shall, within thirty days after such fire, submit a report, on a
form prescribed by the [secretary of state] OFFICE OF FIRE PREVENTION
AND CONTROL, to the [secretary] OFFICE OF FIRE PREVENTION AND CONTROL
stating the location of such a fire and the firefighting costs incurred
while fighting such a fire; and
b. may, within thirty days after such a fire, submit a claim, on a
form prescribed by the [secretary of state,] OFFICE OF FIRE PREVENTION
AND CONTROL to the [secretary] OFFICE OF FIRE PREVENTION AND CONTROL
pursuant to the provisions of this section.
3. The [secretary] OFFICE OF FIRE PREVENTION AND CONTROL shall review
each claim to determine if such claim shall be approved, reduced,
amended or rejected and shall notify the municipality, within sixty days
of receipt of such claim, as to his determination. The municipality
shall notify the [secretary,] OFFICE OF FIRE PREVENTION AND CONTROL
within thirty days after receipt of the [secretary's] OFFICE OF FIRE
PREVENTION AND CONTROL'S notification, as to its acceptance or rejection
of such determination. Failure to so notify the [secretary] OFFICE OF
FIRE PREVENTION AND CONTROL shall constitute an acceptance of the deter-
mination. If accepted by the municipality, such acceptance shall consti-
tute the final and conclusive determination for such claim. If rejected
by the municipality, such municipality shall resubmit its claim, within
thirty days after receipt of the [secretary's] OFFICE OF FIRE PREVENTION
AND CONTROL'S notification, together with its reasons for objection and
any additional documentation which may justify its claim. Upon receipt
of a resubmitted claim, the [secretary] OFFICE OF FIRE PREVENTION AND
CONTROL shall review such claim and within sixty days of receipt of such
resubmitted claim, make a final determination as to the amount to be
approved for such claim. If the municipality shall dispute such final
determination it may commence an action, within sixty days of such final
determination, in the court of claims which shall have jurisdiction to
adjudicate the claim and enter judgment, which judgment shall be a final
determination for purposes of this section and shall be payable in
accordance with the provisions of subdivisions four and five of this
section.
4. The [secretary] OFFICE OF FIRE PREVENTION AND CONTROL shall certify
all claims for which a final determination has been made. The [secre-
tary] OFFICE OF FIRE PREVENTION AND CONTROL shall submit all claims
certified during the preceding year to the comptroller of the department
of audit and control on or before April first of each year. Any claim
S. 6606--A 110 A. 9706--A
that has been received prior to April first of such year, but for which
no certification has been made, shall, for purposes of payment, be
considered as a claim for the year in which such certification is made.
5. All claims certified by the [secretary] OFFICE OF FIRE PREVENTION
AND CONTROL shall be paid annually and shall be paid upon a warrant from
the comptroller from funds appropriated in the local assistance fund. In
the event such appropriation is insufficient to permit the aggregate
annual payments authorized under this section, each municipality's
payment for any claim or claims certified during the preceding year
shall be decreased proportionally until the total payments are equal to
the amount appropriated.
6. The chief fiscal officer of the municipality shall pay the amounts
received under this section into the fund or funds from which moneys
were expended to provide the firefighting services for which a
reimbursement was made under this section.
7. This section shall not in any way impair, limit or modify the
rights and obligations of any insurer under any policy of insurance.
8. The [secretary of state] OFFICE OF FIRE PREVENTION AND CONTROL
shall annually prepare a report on the effectiveness of this section and
shall submit such report to the legislature. Such report shall include
the number and location of any fire on property under the jurisdiction
of the state of New York, the number of claims and the amount of each
such claim filed pursuant to this section and further, the total amount
of all claims filed and the total amount of payments made under the
provisions of this section. The first such report shall be submitted to
the legislature on or before June first, nineteen hundred seventy-nine.
S 53. Subdivisions 4 and 5 of section 99-q of the state finance law,
as added by chapter 490 of the laws of 2009, are amended to read as
follows:
4. Monies shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the [secretary of
state upon the recommendation of the office of fire prevention and
control] STATE FIRE ADMINISTRATOR.
5. To the extent practicable, the [secretary of state] STATE FIRE
ADMINISTRATOR shall ensure that all monies received during a fiscal year
are expended prior to the end of that fiscal year.
S 54. Subdivision 1 of section 115-a of the vehicle and traffic law,
as amended by chapter 225 of the laws of 1979, is amended to read as
follows:
1. a vehicle operated by officials of the office of fire prevention
and control [in the department of state],
S 55. Subdivision 79 of section 2.10 of the criminal procedure law, as
added by chapter 241 of the laws of 2004, is amended to read as follows:
79. Supervisors and members of the arson investigation bureau and fire
inspection bureau of the [department of state's] office of fire
prevention and control when acting pursuant to their special duties in
matters arising under the laws relating to fires, their prevention,
extinguishment, investigation thereof, and fire perils; provided, howev-
er, that nothing in this subdivision shall be deemed to authorize such
employees to carry, possess, repair, or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section 400.00
of the penal law.
S 56. The executive law is amended by adding a new section 100-c to
read as follows:
S 100-C. FIRE SAFETY STANDARDS FOR CIGARETTES. 1. DEFINITIONS. AS
USED IN THIS SECTION, A. "CIGARETTE" SHALL MEAN ANY ROLL FOR SMOKING
S. 6606--A 111 A. 9706--A
MADE WHOLLY OR IN PART OF TOBACCO OR OF ANY OTHER SUBSTANCE, IRRESPEC-
TIVE OF SIZE OR SHAPE AND WHETHER OR NOT SUCH TOBACCO OR SUBSTANCE IS
FLAVORED, ADULTERATED OR MIXED WITH ANY OTHER INGREDIENT, THE WRAPPER OR
COVER OF WHICH IS MADE OF PAPER OR ANY OTHER SUBSTANCE OR MATERIAL
EXCEPT TOBACCO.
B. "SELL" SHALL MEAN TO SELL, OR TO OFFER OR AGREE TO DO THE SAME.
2. A. WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
DEPARTMENT OF STATE SHALL PROMULGATE FIRE SAFETY STANDARDS FOR CIGA-
RETTES SOLD OR OFFERED FOR SALE IN THIS STATE. SUCH STANDARDS SHALL TAKE
EFFECT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION AND SHALL INSURE
EITHER:
(1) THAT SUCH CIGARETTES, IF IGNITED, WILL STOP BURNING WITHIN A TIME
PERIOD SPECIFIED BY THE STANDARDS IF THE CIGARETTES ARE NOT SMOKED
DURING THAT PERIOD; OR
(2) THAT SUCH CIGARETTES MEET PERFORMANCE STANDARDS PRESCRIBED BY THE
DEPARTMENT OF STATE TO LIMIT THE RISK THAT SUCH CIGARETTES WILL IGNITE
UPHOLSTERED FURNITURE, MATTRESSES OR OTHER HOUSEHOLD FURNISHINGS.
B. IN PROMULGATING FIRE SAFETY STANDARDS FOR CIGARETTES PURSUANT TO
THIS SECTION, THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, SHALL CONSIDER WHETHER CIGARETTES MANUFACTURED IN
ACCORDANCE WITH SUCH STANDARDS MAY REASONABLY RESULT IN INCREASED HEALTH
RISKS TO CONSUMERS.
C. THE DEPARTMENT OF STATE SHALL BE RESPONSIBLE FOR ADMINISTERING THE
PROVISIONS OF THIS SECTION.
D. THE DEPARTMENT OF STATE SHALL REPORT TO THE GOVERNOR AND THE LEGIS-
LATURE NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION ON THE STATUS OF ITS WORK IN PROMULGATING THE FIRE SAFETY STAND-
ARDS REQUIRED BY THIS SUBDIVISION.
E. WHEN A CIGARETTE IS SUSPECTED OF HAVING IGNITED A FIRE, AND THE
DEPARTMENT OF STATE RECEIVES INFORMATION REGARDING THE BRAND AND STYLE
OF SUCH CIGARETTE PURSUANT TO SECTION TWO HUNDRED FOUR-D OR SECTION
NINETY-ONE-A OF THE GENERAL MUNICIPAL LAW, AND WHERE SUCH BRAND AND
STYLE HAD BEEN PREVIOUSLY CERTIFIED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION AND THE PACKAGE HAS BEEN MARKED AS REQUIRED BY SUBDIVISION
SIX OF THIS SECTION, THE DEPARTMENT OF STATE SHALL CONDUCT RANDOM TEST-
ING ON CIGARETTES OF THE SAME BRAND AND STYLE IN ORDER TO DETERMINE
WHETHER SUCH CIGARETTES MEET THE FIRE SAFETY STANDARDS MANDATED BY THIS
SECTION; PROVIDED HOWEVER THAT SUCH TESTING SHALL NOT BE REQUIRED IF THE
DEPARTMENT OF STATE HAS TESTED SUCH BRAND AND STYLE WITHIN THE PRECEDING
THREE MONTHS.
3. ON AND AFTER THE DATE THE FIRE SAFETY STANDARDS TAKE EFFECT IN
ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION, NO CIGARETTES SHALL BE
SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THE MANUFACTURER THEREOF
HAS CERTIFIED IN WRITING TO THE DEPARTMENT OF STATE THAT SUCH CIGARETTES
MEET THE PERFORMANCE STANDARDS PRESCRIBED BY THE DEPARTMENT OF STATE
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
A. SUCH CERTIFICATIONS MUST BE BASED UPON TESTING CONDUCTED BY A LABO-
RATORY THAT HAS BEEN ACCREDITED PURSUANT TO STANDARD ISO/IEC 17025 OF
THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION, OR SUCH OTHER COMPA-
RABLE ACCREDITATION STANDARD AS THE DEPARTMENT OF STATE SHALL REQUIRE BY
REGULATION.
B. SUCH CERTIFICATION SHALL BE SIGNED BY AN OFFICER OF THE MANUFACTUR-
ER AND SHALL CONTAIN FOR EACH CIGARETTE BRAND STYLE SUCH INFORMATION AS
SHALL BE DEEMED NECESSARY BY THE DEPARTMENT OF STATE, INCLUDING BUT NOT
LIMITED TO: (I) THE BRAND AND STYLE; (II) LENGTH IN MILLIMETERS; (III)
CIRCUMFERENCE IN MILLIMETERS; (IV) FLAVOR, IF APPLICABLE; (V) FILTER OR
S. 6606--A 112 A. 9706--A
NON-FILTER; (VI) PACKAGE DESCRIPTION; (VII) THE NAME, ADDRESS AND TELE-
PHONE NUMBER OF THE LABORATORY, IF DIFFERENT THAN THE MANUFACTURER THAT
CONDUCTED THE TEST; (VIII) THE DATE THAT THE TESTING OCCURRED; AND (IX)
A NOTARIZED STATEMENT FROM AN OFFICER OR DIRECTOR OF THE LABORATORY
CERTIFYING THAT THE CIGARETTE MEETS THE PERFORMANCE STANDARDS PRESCRIBED
BY THE DEPARTMENT OF STATE.
C. IF A MANUFACTURER HAS CERTIFIED A CIGARETTE PURSUANT TO THIS SUBDI-
VISION, AND THEREAFTER MAKES ANY CHANGE TO SUCH CIGARETTE THAT IS LIKELY
TO ALTER ITS COMPLIANCE WITH THE FIRE SAFETY STANDARDS MANDATED BY THIS
SECTION, THEN BEFORE SUCH CIGARETTE MAY BE SOLD OR OFFERED FOR SALE IN
THIS STATE SUCH MANUFACTURER SHALL RETEST SUCH CIGARETTE IN ACCORDANCE
WITH THE TESTING STANDARDS PRESCRIBED BY THE DEPARTMENT OF STATE AND
MAINTAIN RECORDS OF SUCH RETESTING AS REQUIRED BY SUBDIVISION SEVEN OF
THIS SECTION. ANY SUCH ALTERED CIGARETTE WHICH DOES NOT MEET THE
PERFORMANCE STANDARD PRESCRIBED BY THE DEPARTMENT OF STATE MAY NOT BE
SOLD IN THE STATE. COPIES OF SUCH WRITTEN CERTIFICATIONS SHALL BE
PROVIDED BY THE CERTIFYING MANUFACTURER TO ALL WHOLESALE DEALERS, AS
DEFINED IN SUBDIVISION EIGHT OF SECTION FOUR HUNDRED SEVENTY OF THE TAX
LAW, AND ALL AGENTS, AS DEFINED IN SUBDIVISION ELEVEN OF SECTION FOUR
HUNDRED SEVENTY OF THE TAX LAW. THE DEPARTMENT OF STATE SHALL PRESCRIBE
PROCEDURES BY WHICH STAMPING AGENTS, WHOLESALE DEALERS OR RETAIL DEALERS
ARE NOTIFIED OF WHICH CIGARETTES HAVE BEEN CERTIFIED BY MANUFACTURERS AS
MEETING THE PERFORMANCE STANDARDS PRESCRIBED BY THE DEPARTMENT OF STATE,
WHICH MAY INCLUDE THE MAINTENANCE OF A WEBSITE LISTING CERTIFIED CIGA-
RETTE BRANDS AND STYLES.
4. THE FIRE SAFETY STANDARDS REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL TAKE EFFECT ON SUCH DATE AS THE DEPARTMENT OF STATE
SHALL SPECIFY IN PROMULGATING SUCH STANDARDS AND SUCH DATE SHALL BE THE
EARLIEST PRACTICABLE DATE BY WHICH MANUFACTURERS OF CIGARETTES CAN
COMPLY WITH SUCH STANDARDS; PROVIDED, HOWEVER, THAT SUCH DATE SHALL NOT
BE LATER THAN ONE HUNDRED EIGHTY DAYS AFTER SUCH STANDARDS ARE PROMUL-
GATED. ON AND AFTER SUCH DATE, NO PERSON OR ENTITY SHALL SELL IN THIS
STATE CIGARETTES THAT HAVE NOT BEEN CERTIFIED BY THE MANUFACTURER IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION OR THAT HAVE NOT BEEN
MARKED IN THE MANNER REQUIRED BY SUBDIVISION SIX OF THIS SECTION;
PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED
TO PROHIBIT ANY PERSON OR ENTITY FROM SELLING OR OFFERING FOR SALE CIGA-
RETTES THAT HAVE NOT BEEN CERTIFIED BY THE MANUFACTURER IN ACCORDANCE
WITH SUBDIVISION THREE OF THIS SECTION AND HAVE NOT BEEN MARKED IN THE
MANNER REQUIRED BY SUBDIVISION SIX OF THIS SECTION IF SUCH CIGARETTES
ARE OR WILL BE STAMPED FOR SALE IN ANOTHER STATE OR ARE PACKAGED FOR
SALE OUTSIDE THE UNITED STATES.
5. A. ANY WHOLESALE DEALER, AS DEFINED IN SUBDIVISION EIGHT OF SECTION
FOUR HUNDRED SEVENTY OF THE TAX LAW, OR ANY AGENT, AS DEFINED IN SUBDI-
VISION ELEVEN OF SECTION FOUR HUNDRED SEVENTY OF THE TAX LAW, OR ANY
OTHER PERSON OR ENTITY WHO KNOWINGLY SELLS OR OFFERS TO SELL CIGARETTES
IN VIOLATION OF SUBDIVISION FOUR OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH PACK OF SUCH
CIGARETTES SOLD OR OFFERED FOR SALE PROVIDED THAT IN NO CASE SHALL THE
PENALTY AGAINST ANY WHOLESALE DEALER EXCEED ONE HUNDRED THOUSAND DOLLARS
FOR SALES OR OFFERS TO SELL DURING ANY THIRTY DAY PERIOD. ANY RETAIL
DEALER, AS DEFINED IN SUBDIVISION NINE OF SECTION FOUR HUNDRED SEVENTY
OF THE TAX LAW, WHO KNOWINGLY SELLS OR OFFERS TO SELL CIGARETTES IN
VIOLATION OF SUBDIVISION FOUR OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH PACK OF SUCH
CIGARETTES SOLD OR OFFERED FOR SALE, PROVIDED THAT IN NO CASE SHALL THE
S. 6606--A 113 A. 9706--A
PENALTY AGAINST ANY RETAIL DEALER EXCEED TWENTY-FIVE THOUSAND DOLLARS
FOR SALES OR OFFERS TO SELL DURING ANY THIRTY DAY PERIOD. ANY PERSON
ENGAGED IN THE BUSINESS OF SELLING CIGARETTES IN OR FOR SHIPMENT INTO
NEW YORK WHO POSSESSES CIGARETTES THAT HAVE NOT BEEN CERTIFIED OR MARKED
IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION SHALL BE DEEMED TO
BE OFFERING SUCH CIGARETTES FOR SALE IN NEW YORK. AN AGENT LICENSED IN
MORE THAN ONE STATE MAY REBUT SUCH PRESUMPTION BY ESTABLISHING: (I) THAT
SUCH CIGARETTES HAVE BEEN PHYSICALLY SEGREGATED FROM CIGARETTES OFFERED
FOR SALE IN NEW YORK; AND (II) NO NEW YORK TAX STAMPS HAVE BEEN PLACED
ON ANY CIGARETTES THAT HAVE NOT BEEN CERTIFIED OR MARKED IN ACCORDANCE
WITH THIS SECTION. IN ADDITION TO ANY PENALTIES IMPOSED BY THIS SECTION
THE COMMISSIONER OF TAXATION AND FINANCE, AFTER AN OPPORTUNITY FOR A
HEARING HAS BEEN AFFORDED PURSUANT TO SUBDIVISION FIVE OF SECTION FOUR
HUNDRED EIGHTY OF THE TAX LAW, SHALL SUSPEND FOR SIX MONTHS THE LICENSE
OF ANY AGENT ISSUED PURSUANT TO SECTION FOUR HUNDRED SEVENTY-TWO OF THE
TAX LAW, THE LICENSE OF ANY WHOLESALE DEALER ISSUED PURSUANT TO SECTION
FOUR HUNDRED EIGHTY OF THE TAX LAW, OR THE REGISTRATION OF ANY RETAIL
DEALER ISSUED PURSUANT TO SECTION FOUR HUNDRED EIGHTY-A OF THE TAX LAW,
WHEN SUCH AGENT, WHOLESALE DEALER OR RETAIL DEALER VIOLATES THIS SECTION
THREE OR MORE TIMES WITHIN A THREE YEAR PERIOD, PROVIDED SUCH VIOLATIONS
OCCURRED ON AT LEAST THREE SEPARATE CALENDAR DAYS.
B. IN ADDITION TO ANY PENALTY PRESCRIBED BY LAW, ANY CORPORATION,
PARTNERSHIP, SOLE PROPRIETOR, LIMITED PARTNERSHIP, ASSOCIATION OR ANY
OTHER BUSINESS ENTITY ENGAGED IN THE MANUFACTURE OF CIGARETTES THAT
KNOWINGLY MAKES A FALSE CERTIFICATION PURSUANT TO SUBDIVISION THREE OF
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF AT LEAST
SEVENTY-FIVE THOUSAND DOLLARS AND NOT TO EXCEED TWO HUNDRED FIFTY THOU-
SAND DOLLARS FOR EACH SUCH FALSE CERTIFICATION, AND ANY ENTITY THAT
FAILS TO PAY A CIVIL PENALTY IMPOSED PURSUANT TO THIS PARAGRAPH WITHIN
THIRTY DAYS AFTER SUCH PENALTY IS IMPOSED, SHALL BE SUBJECT TO A BAR
FROM SELLING CIGARETTES COVERED BY THAT FALSE CERTIFICATION IN THIS
STATE UNTIL THE STATE RECEIVES FULL PAYMENT OF SUCH PENALTY.
C. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER
A SPECIAL FUND TO BE KNOWN AS THE "CIGARETTE FIRE SAFETY ACT FUND". SUCH
FUND SHALL CONSIST OF ALL MONEYS RECOVERED FROM THE ASSESSMENT OF CIVIL
PENALTIES AUTHORIZED BY THIS SUBDIVISION. SUCH MONIES SHALL BE DEPOSIT-
ED TO THE CREDIT OF THE FUND AND SHALL, IN ADDITION TO ANY OTHER MONEYS
MADE AVAILABLE FOR SUCH PURPOSE, BE AVAILABLE TO THE DEPARTMENT OF STATE
FOR THE PURPOSE OF FIRE SAFETY AND PREVENTION PROGRAMS. ALL PAYMENTS
FROM THE CIGARETTE FIRE SAFETY ACT FUND SHALL BE MADE ON THE AUDIT AND
WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED AND SUBMITTED BY
THE STATE FIRE ADMINISTRATOR.
6. NO CIGARETTES SHALL BE DISTRIBUTED, SOLD OR OFFERED FOR SALE IN
THIS STATE UNLESS THE MANUFACTURER HAS PLACED ON EACH INDIVIDUAL PACKAGE
THE LETTERS "FSC" WHICH SIGNIFIES FIRE STANDARDS COMPLIANT. SUCH LETTERS
SHALL APPEAR IN EIGHT POINT TYPE AND BE PERMANENTLY PRINTED, STAMPED,
ENGRAVED OR EMBOSSED ON THE PACKAGE AT OR NEAR THE UPC CODE, IF PRESENT.
ANY PACKAGE CONTAINING SUCH SYMBOL IS DEEMED TO BE IN COMPLIANCE WITH
THE DEPARTMENT OF STATE REGULATIONS SET FORTH IN 19 NYCRR 429.8.
7. A. EACH MANUFACTURER SHALL MAINTAIN COPIES OF THE REPORTS OF ALL
TESTS CONDUCTED ON ALL CIGARETTES FOR A PERIOD OF THREE YEARS, AND SHALL
MAKE COPIES OF SUCH REPORTS AVAILABLE TO THE DEPARTMENT OF STATE AND THE
ATTORNEY GENERAL UPON WRITTEN REQUEST; PROVIDED, HOWEVER, THAT ANY
MANUFACTURER THAT FAILS TO MAKE COPIES OF SUCH REPORTS AVAILABLE WITHIN
SIXTY DAYS OF RECEIVING SUCH A WRITTEN REQUEST SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR EACH DAY AFTER THE
S. 6606--A 114 A. 9706--A
SIXTIETH DAY THAT SUCH MANUFACTURER DOES NOT MAKE SUCH COPIES AVAILABLE
AND SHALL BE SUBJECT TO A BAR FROM SELLING OR OFFERING TO SELL CIGA-
RETTES IN NEW YORK UNTIL SUCH COPIES ARE MADE AVAILABLE.
B. TESTING PERFORMED OR SPONSORED BY THE DEPARTMENT OF STATE IN ORDER
TO DETERMINE A CIGARETTE'S COMPLIANCE WITH THE FIRE SAFETY STANDARDS
MANDATED BY THIS SECTION SHALL BE CONDUCTED (I) IN ACCORDANCE WITH THE
REQUIREMENTS APPLICABLE TO MANUFACTURERS PURSUANT TO THE REGULATIONS OF
THE DEPARTMENT OF STATE, AND (II) BY A LABORATORY THAT HAS BEEN ACCRED-
ITED PURSUANT TO STANDARD ISO/IEC 17025 OF THE INTERNATIONAL ORGANIZA-
TION FOR STANDARDIZATION OR SUCH OTHER COMPARABLE ACCREDITATION STANDARD
AS THE DEPARTMENT OF STATE SHALL REQUIRE BY REGULATION.
8. A. TO ENFORCE THE PROVISIONS OF THIS SECTION, THE COMMISSIONER OF
TAXATION AND FINANCE AND THE SECRETARY OF STATE MAY TAKE ADMINISTRATIVE
ACTION IMPOSING THE CIVIL PENALTIES AND SUSPENSIONS AUTHORIZED BY SUBDI-
VISION FIVE OF THIS SECTION. IN ADDITION, THE ATTORNEY GENERAL MAY BRING
AN ACTION ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN
ACTS IN VIOLATION OF THIS SECTION AND TO RECOVER ANY CIVIL PENALTIES
UNLESS CIVIL PENALTIES HAVE BEEN PREVIOUSLY RECOVERED IN SUCH ADMINIS-
TRATIVE PROCEEDINGS.
B. ANY ENFORCEMENT OFFICER AS DEFINED IN SECTION THIRTEEN HUNDRED
NINETY-NINE-T OF THE PUBLIC HEALTH LAW SHALL HAVE THE POWER TO IMPOSE
UPON ANY RETAIL DEALER THE CIVIL PENALTIES AUTHORIZED BY SUBDIVISION
FIVE OF THIS SECTION, FOLLOWING A HEARING CONDUCTED IN THE SAME MANNER
AS HEARINGS CONDUCTED UNDER ARTICLE THIRTEEN-E OF THE PUBLIC HEALTH LAW.
C. TO ENFORCE THE PROVISIONS OF THIS SECTION, THE COMMISSIONER OF
TAXATION AND FINANCE AND THE SECRETARY OF STATE, OR THEIR DULY AUTHOR-
IZED REPRESENTATIVES, ARE HEREBY AUTHORIZED TO EXAMINE THE BOOKS,
PAPERS, INVOICES AND OTHER RECORDS OF ANY PERSON IN POSSESSION, CONTROL
OR OCCUPANCY OF ANY PREMISES WHERE CIGARETTES ARE PLACED, STORED, SOLD
OR OFFERED FOR SALE, AS WELL AS THE STOCK OF CIGARETTES IN ANY SUCH
PREMISES. EVERY PERSON IN THE POSSESSION, CONTROL OR OCCUPANCY OF ANY
PREMISES WHERE CIGARETTES ARE PLACED, SOLD OR OFFERED FOR SALE, IS HERE-
BY DIRECTED AND REQUIRED TO GIVE THE COMMISSIONER OF TAXATION AND
FINANCE AND THE SECRETARY OF STATE, AND THEIR DULY AUTHORIZED REPRESEN-
TATIVES, THE MEANS, FACILITIES AND OPPORTUNITY FOR SUCH EXAMINATIONS AS
ARE HEREIN PROVIDED FOR AND REQUIRED.
D. WHENEVER ANY POLICE OFFICER DESIGNATED IN SECTION 1.20 OF THE CRIM-
INAL PROCEDURE LAW SHALL DISCOVER ANY CIGARETTES WHICH HAVE NOT BEEN
MARKED IN THE MANNER REQUIRED BY SUBDIVISION SIX OF THIS SECTION, SUCH
OFFICER IS HEREBY AUTHORIZED AND EMPOWERED TO SEIZE AND TAKE POSSESSION
OF SUCH CIGARETTES. SUCH SEIZED CIGARETTES SHALL BE TURNED OVER TO THE
COMMISSIONER OF TAXATION AND FINANCE, AND SHALL BE FORFEITED TO THE
STATE. CIGARETTES SEIZED PURSUANT TO THIS SECTION SHALL BE DESTROYED.
E. THE SECRETARY OF STATE AND THE COMMISSIONER OF TAXATION AND FINANCE
ARE HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE SUCH REGULATIONS AS ARE
DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 57. Subdivision 2 of section 91-a of the general municipal law, as
added by chapter 583 of the laws of 2006, is amended to read as follows:
2. Where an investigative unit formed by this section has investigated
a fire and such fire is suspected to have been ignited by a cigarette
and not caused by arson, the investigative unit shall forward to the
office of fire prevention and control AND THE SECRETARY OF STATE within
fourteen days of completing the investigation into such fire information
detailing, to the extent possible: (a) the specific brand and style of
the cigarette suspected of having ignited such fire; (b) whether the
cigarette package was marked as required by subdivision six of section
S. 6606--A 115 A. 9706--A
[one hundred fifty-six-c] ONE HUNDRED-C of the executive law; and (c)
the location and manner in which such cigarette was purchased.
S 58. Section 204-d of the general municipal law, as amended by chap-
ter 583 of the laws of 2006, is amended to read as follows:
S 204-d. Duties of the fire chief. The fire chief of any fire depart-
ment or company shall, in addition to any other duties assigned to him
by law or contract, to the extent reasonably possible determine or cause
to be determined the cause of each fire or explosion which the fire
department or company has been called to suppress. He shall file with
the office of fire prevention and control [of the department of state] a
report containing such determination and any additional information
required by such office regarding the fire or explosion. The report
shall be in the form designated by such office. He shall contact or
cause to be contacted the appropriate investigatory authority if he has
reason to believe the fire or explosion is of incendiary or suspicious
origin. For all fires that are suspected to have been ignited by a ciga-
rette, within fourteen days after completing the investigation into such
fire, the fire chief shall forward to the office of fire prevention and
control information detailing, to the extent possible: (a) the specific
brand and style of the cigarette suspected of having ignited such fire;
(b) whether the cigarette package was marked as required by subdivision
six of section [one hundred fifty-six-c] ONE HUNDRED-C of the executive
law; and (c) the location and manner in which such cigarette was
purchased.
S 59. Subdivision 2-a of section 480-b of the tax law, as amended by
section 2 of part MM-1 of chapter 57 of the laws of 2008, is amended to
read as follows:
2-a. An agent may not affix, or cause to be affixed, a New York state
cigarette tax stamp to a package of cigarettes unless: (a) the ciga-
rettes have been certified by the manufacturer if certification is
required under subdivision three of section [one hundred fifty-six-c]
ONE HUNDRED-C of the executive law; and (b) the package has been marked
in such manner as may be required by subdivision six of section [one
hundred fifty-six-c] ONE HUNDRED-C of the executive law.
S 59-a. Section 380 of the executive law, as added by chapter 707 of
the laws of 1981, is amended to read as follows:
S 380. Granting authority. The secretary[, by and through the office
of fire prevention and control,] shall administer a program of local
assistance to aid local governments in the administration and enforce-
ment of locally adopted or state promulgated building and fire codes.
Said program of local assistance shall conform to the requirements of
section fifty-four-g of the state finance law. The secretary shall
adopt, amend and rescind such rules, regulations and guidelines as may
be necessary for the performance of his functions, powers and duties
under this section.
S 60. This act shall take effect on April 1, 2010; provided however
that section eleven of this act shall take effect one year after it
shall have become a law; and provided further that sections forty-one
and forty-two of this act shall take effect on April 1, 2010 so long as
nothing in this act may adversely affect any state agency from distrib-
uting funds to political subdivisions of the state in a like manner as
the year prior; provided, however, that if anything in this act adverse-
ly affects any state agency from distributing funds to political subdi-
visions of this state in a like manner as the year prior then sections
forty-one and forty-two of this act shall take effect upon the cessation
of such adverse affects, provided that the director of the division of
S. 6606--A 116 A. 9706--A
the budget shall notify the legislative bill drafting commission upon
the cessation of such adverse affects provided for in this section 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 legisla-
tive law and section 70-b of the public officers law; provided however
that section fifty-three of this act shall take effect on the same date
and in the same manner as section 3 of chapter 490 of the laws of 2009,
takes effect; and provided further that agencies are hereby authorized
to promulgate and establish any rules and regulations that are necessary
for the implementation of this act on its effective date.
PART C
Section 1. Section 837 of the executive law is amended by adding a new
subdivision 19 to read as follows:
19. (A) PROMULGATE RULES AND REGULATIONS WHICH ESTABLISH:
(I) PROCEDURES TO REVIEW AND APPROVE RAPE CRISIS PROGRAMS THAT PROVIDE
TRAINING TO RAPE CRISIS COUNSELORS AS DEFINED IN SECTION FORTY-FIVE
HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES;
(II) MINIMUM TRAINING STANDARDS FOR RAPE CRISIS COUNSELORS;
(III) PROCEDURES TO ENABLE APPROVED RAPE CRISIS PROGRAMS TO CERTIFY
CURRENT AND FUTURE RAPE CRISIS COUNSELORS, INCLUDING VOLUNTEER COUNSE-
LORS, PROVIDED SUCH RAPE CRISIS COUNSELORS HAVE MET THE MINIMUM TRAINING
STANDARDS AS SET FORTH IN THIS SUBDIVISION; AND
(IV) PROCEDURES TO PERIODICALLY REVIEW APPROVED TRAINING PROGRAMS TO
ASSURE THEY CONTINUE TO SATISFY ESTABLISHED STANDARDS.
(B) RAPE CRISIS PROGRAMS APPROVED BY THE DIVISION SHALL PROVIDE TRAIN-
ING PROGRAMS CONSISTING OF AT LEAST THIRTY HOURS OF PRE-SERVICE TRAINING
AND WITHIN THE FIRST YEAR OF SERVICE AT LEAST TEN HOURS OF IN-SERVICE
TRAINING FOR RAPE CRISIS COUNSELORS. THIS TRAINING SHALL INCLUDE BUT NOT
BE LIMITED TO, INSTRUCTION ON THE FOLLOWING:
(I) THE DYNAMICS OF SEXUAL OFFENSES, SEXUAL ABUSES OR INCEST;
(II) CRISIS INTERVENTION TECHNIQUES;
(III) CLIENT-COUNSELOR CONFIDENTIALITY REQUIREMENTS;
(IV) COMMUNICATION SKILLS AND INTERVENTION TECHNIQUES;
(V) AN OVERVIEW OF THE STATE CRIMINAL JUSTICE SYSTEM;
(VI) AN UPDATE AND REVIEW OF STATE LAWS ON SEXUAL OFFENSES, SEXUAL
ABUSE OR INCEST;
(VII) THE AVAILABILITY OF STATE AND COMMUNITY RESOURCES FOR CLIENTS;
(VIII) WORKING WITH A DIVERSE POPULATION;
(IX) AN OVERVIEW OF CHILD ABUSE AND MALTREATMENT IDENTIFICATION AND
REPORTING RESPONSIBILITIES; AND
(X) INFORMATION ON THE AVAILABILITY OF MEDICAL AND LEGAL ASSISTANCE
FOR SUCH CLIENTS.
(C) THE DIVISION SHALL PROVIDE TECHNICAL ASSISTANCE TO APPROVED RAPE
CRISIS PROGRAMS TO IMPLEMENT TRAINING PROGRAMS IN ACCORDANCE WITH THE
MINIMUM STANDARDS SET FORTH IN THIS SUBDIVISION.
S 2. The executive law is amended by adding a new article 36-B to read
as follows:
ARTICLE 36-B
RAPE CRISIS INTERVENTION AND PREVENTION PROGRAM
SECTION 846-N. SHORT TITLE.
846-O. DEFINITIONS.
846-P. AUTHORIZATION OF PROGRAMS.
846-Q. TECHNICAL ASSISTANCE.
S. 6606--A 117 A. 9706--A
846-R. EVALUATION AND REPORTS.
846-S. ASSISTANCE OF OTHER AGENCIES.
S 846-N. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "RAPE CRISIS INTERVENTION AND PREVENTION ACT".
S 846-O. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
2. "RAPE CRISIS INTERVENTION AND PREVENTION PROGRAM" MEANS ANY PROGRAM
WHICH HAS BEEN APPROVED BY THE DIVISION OFFERING COUNSELING AND ASSIST-
ANCE TO CLIENTS CONCERNING SEX OFFENSES, SEXUAL ABUSE, OR INCEST.
3. "COMMUNITY SUPPORT SYSTEM" MEANS A SYSTEM OF SERVICE PROVIDERS IN A
COMMUNITY DESIGNED TO MEET THE NEEDS OF A VICTIM OF A SEX OFFENSE, SEXU-
AL ABUSE OR INCEST.
4. "COMPREHENSIVE SERVICES" MEANS HOTLINE, COUNSELING, COMMUNITY
PREVENTION, RECRUITMENT AND TRAINING PROGRAMS, ACCOMPANIMENT SERVICES,
AND REFERRAL.
5. "COUNSELING" MEANS INDIVIDUAL COMMUNICATION AND INTERACTION WHICH
HELPS THE CLIENT MAKE CHOICES AND ACT UPON THOSE CHOICES, PROVIDED TO A
CLIENT CONCERNING ANY SEX OFFENSE, SEXUAL ABUSE, INCEST, OR ATTEMPT TO
COMMIT A SEX OFFENSE, SEXUAL ABUSE, OR INCEST.
6. "CLIENT" MEANS ANY PERSON SEEKING OR RECEIVING THE SERVICES OF A
RAPE CRISIS COUNSELOR FOR THE PURPOSE OF SECURING COUNSELING OR ASSIST-
ANCE CONCERNING ANY SEX OFFENSE, SEXUAL ABUSE, INCEST, OR ATTEMPT TO
COMMIT A SEX OFFENSE, SEXUAL ABUSE, OR INCEST.
7. "HOTLINE" MEANS TWENTY-FOUR-HOUR ACCESS TO RAPE CRISIS INTERVENTION
AND PREVENTION SERVICES, INCLUDING TELEPHONE HOTLINE AND TELEPHONE COUN-
SELING CAPABILITIES.
8. "COMMUNITY PREVENTION" MEANS PUBLIC EDUCATION PROJECTS DESIGNED TO
ENCOURAGE VICTIM USE OF RAPE CRISIS INTERVENTION SERVICES, EDUCATING THE
GENERAL PUBLIC ABOUT THE AVAILABILITY AND SIGNIFICANCE OF RAPE CRISIS
INTERVENTION SERVICES, PROVIDING SEX OFFENSE, SEXUAL ABUSE OR INCEST
PREVENTION AND PERSONAL SAFETY INFORMATION, PROVIDING OTHER EDUCATION
PROGRAMS WHICH SENSITIZE SERVICE PROVIDERS AND THE GENERAL PUBLIC ABOUT
THE NATURE OF SEX OFFENSES, SEXUAL ABUSE OR INCEST AND THE NEEDS OF
SURVIVORS OF A SEX OFFENSE, SEXUAL ABUSE OR INCEST. "COMMUNITY
PREVENTION" ALSO MEANS AND INCLUDES PUBLIC EDUCATION PROJECTS DESIGNED
TO TEACH THE GENERAL PUBLIC ABOUT THE PROBLEM OF ACQUAINTANCE RAPE,
INCLUDING BUT NOT LIMITED TO:
(A) THE IMPORTANCE OF PROMPTLY RESPECTING THE DECISION OF ANOTHER
PERSON NOT TO ENGAGE IN SEXUAL CONDUCT; AND
(B) THE RIGHT OF EVERY INDIVIDUAL TO MAKE SUCH A DECISION AND HAVE IT
RESPECTED.
9. "RECRUITMENT AND TRAINING PROGRAMS" MEANS PROGRAMS DESIGNED TO
RECRUIT AND TRAIN STAFF OR VOLUNTEERS IN A RAPE CRISIS INTERVENTION AND
PREVENTION PROGRAM AS WELL AS TRAINING OR EDUCATION TO OTHER AGENCIES
PARTICIPATING IN A COMMUNITY SUPPORT SYSTEM.
10. "ACCOMPANIMENT SERVICES" MEANS SERVICES THAT ASSURE THE PRESENCE
OF A TRAINED RAPE CRISIS WORKER TO ASSIST AND SUPPORT THE CLIENT, AT
HOSPITALS, LAW ENFORCEMENT AGENCIES, DISTRICT ATTORNEYS' OFFICES, COURTS
AND OTHER AGENCIES.
11. "REFERRAL" MEANS REFERRAL TO AND ASSISTANCE WITH MEDICAL SERVICES
AND SERVICES OF CRIMINAL JUSTICE AGENCIES, MENTAL HEALTH AGENCIES, OR
OTHER ENTITIES PROVIDING RELATED SERVICES.
S 846-P. AUTHORIZATION OF PROGRAMS. 1. THE DIVISION IS HEREBY AUTHOR-
IZED TO CONTRACT, WITHIN AMOUNTS APPROPRIATED, FOR THE PROVISION OF RAPE
CRISIS INTERVENTION AND PREVENTION PROGRAMS AS PROVIDED HEREIN. RULES,
S. 6606--A 118 A. 9706--A
REGULATIONS AND GUIDELINES AS SHALL BE NECESSARY OR APPROPRIATE TO
ASSURE SUCCESSFUL IMPLEMENTATION OF THIS PROGRAM SHALL BE PROMULGATED BY
THE DIVISION.
2. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT A PROGRAM, WITH
THE APPROVAL OF THE DIVISION, FROM SUBCONTRACTING FOR, OR OTHERWISE
ENSURING THAT THE REQUIRED SERVICES ARE AVAILABLE.
S 846-Q. TECHNICAL ASSISTANCE. THE DIVISION SHALL PROVIDE OR ARRANGE
TO PROVIDE TECHNICAL ASSISTANCE AS REQUESTED AND NECESSARY TO PROGRAMS
TO DEVELOP APPROPRIATE SERVICES, TRAIN STAFF, AND IMPROVE COORDINATION
WITH OTHER APPROPRIATE SUPPORT SERVICES, THE CRIMINAL JUSTICE SYSTEM AND
OTHER APPROPRIATE OFFICIALS AND SERVICES.
S 846-R. EVALUATION AND REPORTS. TO THE EXTENT RESOURCES ARE AVAIL-
ABLE, THE DIVISION SHALL UNDERTAKE A COMPREHENSIVE EVALUATION OF EACH
PROGRAM PERIODICALLY AND IN ADDITION SHALL MONITOR EACH PROGRAM'S
COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE. THE EVALUATION SHALL
MEASURE UNIFORM INDICATORS OF PROGRAM OPERATION AND EFFECTIVENESS.
S 846-S. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, THE DIVISION MAY REQUEST FROM ANY DEPARTMENT, BOARD,
BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE, AND THE SAME ARE
AUTHORIZED TO PROVIDE SUCH ASSISTANCE, SERVICES AND DATA AS WILL ENABLE
THE DIVISION TO ASSURE THAT THE PROVISIONS AND INTENT OF THIS ARTICLE
ARE CARRIED OUT.
S 3. Subdivision (a) of section 4510 of the civil practice law and
rules, as added by chapter 432 of the laws of 1993, is amended to read
as follows:
(a) Definitions. When used in this section, the following terms shall
have the following meanings:
1. "Rape crisis program" means any office, institution or center which
has been approved pursuant to subdivision [fifteen of section two
hundred six of the public health] NINETEEN OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE law, offering counseling and assistance to
clients concerning sexual offenses, sexual abuses or incest.
2. "Rape crisis counselor" means any person who has been certified by
an approved rape crisis program as having satisfied the training stand-
ards specified in subdivision [fifteen of section two hundred six of the
public health] NINETEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE
EXECUTIVE law, and who, regardless of compensation, is acting under the
direction and supervision of an approved rape crisis program.
3. "Client" means any person who is seeking or receiving the services
of a rape crisis counselor for the purpose of securing counseling or
assistance concerning any sexual offenses, sexual abuse, incest or
attempts to commit sexual offenses, sexual abuse, or incest, as defined
in the penal law.
S 4. Subdivision 15 of section 206 of the public health law, as added
by chapter 432 of the laws of 1993, is REPEALED.
S 5. Article 6-A of the public health law is REPEALED.
S 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, the rape crisis programs approved by the department of health
prior to the effective date of this act shall remain certified unless
such approval is terminated pursuant to the rules and regulations
adopted pursuant to section three of this act and that rape crisis coun-
selors certified by such programs shall remain certified for purposes of
section 4510 of the civil practice law and rules; and provided further
that the commissioner of the division of criminal justice services is
S. 6606--A 119 A. 9706--A
authorized to promulgate such rules and regulations as may be necessary
to effectuate the purposes of this act prior to such effective date.
PART D
Section 1. Paragraphs (b) and (c) of subdivision 2 of section 390.20
of the criminal procedure law, as amended by chapter 413 of the laws of
1991, are amended to read as follows:
(b) A sentence of imprisonment for a term in excess of [ninety] ONE
HUNDRED EIGHTY days;
(c) Consecutive sentences of imprisonment with terms aggregating more
than [ninety] ONE HUNDRED EIGHTY days.
S 2. The opening paragraph of subdivision 1 of section 720.20 of the
criminal procedure law, as amended by chapter 652 of the laws of 1974,
is amended to read as follows:
Upon FELONY conviction of an eligible youth, the court must order a
pre-sentence investigation [of the defendant] AND MAY NOT DETERMINE
YOUTHFUL OFFENDER STATUS AND PRONOUNCE SENTENCE UNLESS IT HAS RECEIVED A
WRITTEN REPORT OF THE INVESTIGATION. UPON MISDEMEANOR CONVICTION OF AN
ELIGIBLE YOUTH AND WHERE PARAGRAPH (B) OF THIS SUBDIVISION APPLIES, THE
COURT MAY NOT PRONOUNCE A SENTENCE OF PROBATION OR A SENTENCE OF IMPRI-
SONMENT IN EXCESS OF ONE HUNDRED EIGHTY DAYS OR CONSECUTIVE SENTENCES OF
IMPRISONMENT AGGREGATING IN EXCESS OF ONE HUNDRED EIGHTY DAYS UNLESS IT
HAS ORDERED A PRE-SENTENCE INVESTIGATION AND RECEIVED A WRITTEN REPORT
OF THE INVESTIGATION. [After receipt of a written report of the inves-
tigation and at] AT the time of pronouncing sentence the court must
determine whether or not the eligible youth is a youthful offender.
Such determination shall be in accordance with the following criteria:
S 3. The opening paragraph of subdivision 6 of section 390.50 of the
criminal procedure law, as added by chapter 866 of the laws of 1980, is
amended to read as follows:
Professional licensing agencies. Probation departments shall provide a
copy of presentence reports prepared in the case of individuals who are
known to be licensed pursuant to title eight of the education law to the
state department of health if the licensee is a physician, a special-
ist's assistant or a physician's assistant, and to the state education
department with respect to all other such licensees. Such reports shall
be accumulated and forwarded every three months, shall be in writing,
MAY BE SUBMITTED IN A HARD COPY OR ELECTRONICALLY, and shall contain the
following information:
S 4. Subdivision 30 of section 1.20 of the criminal procedure law, as
amended by chapter 265 of the laws of 1976, is amended to read as
follows:
30. "Bench warrant" means a process of a criminal court in which a
criminal action is pending, directing a police officer, or a uniformed
court officer, pursuant to paragraph [b] (B) of subdivision two of
section 530.70 of this chapter, to take into custody a defendant in such
action who has previously been arraigned upon the accusatory instrument
by which the action was commenced, and to bring him OR HER before such
court. The function of a bench warrant is to achieve the court appear-
ance of a defendant in a pending criminal action for some purpose other
than his initial arraignment in the action. THE TERM SHALL ALSO INCLUDE
A PROCESS IN WHICH A CRIMINAL PROCEEDING IS PENDING OR IMMINENT, DIRECT-
ING A PROBATION OFFICER OR POLICE OFFICER PURSUANT TO SUBDIVISION TWO OF
SECTION 410.40 OF THIS CHAPTER OR PURSUANT TO SUBDIVISION TWO OR SIX OF
SECTION 530.70 OF THIS CHAPTER, TO TAKE INTO CUSTODY AN INDIVIDUAL UNDER
S. 6606--A 120 A. 9706--A
PROBATION SUPERVISION AND TO BRING HIM OR HER BEFORE THE COURT. FOR
PURPOSES OF THIS DEFINITION, ANY WARRANT ISSUED UPON REASONABLE GROUNDS
TO BELIEVE THAT SUCH AN INDIVIDUAL HAS VIOLATED A CONDITION OF HIS OR
HER TERM OF RELEASE UNDER PROBATION SUPERVISION OR FAILED TO APPEAR IN
CONNECTION WITH THE VIOLATION OF PROBATION ACTION SHALL BE RECOGNIZED AS
A BENCH WARRANT AND CONSTRUED AS A PROBATION WARRANT FOR PURPOSES OF
SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-ONE OF THE EXECUTIVE LAW.
S 5. Subdivisions 1 and 2 of section 410.92 of the criminal procedure
law, subdivision 1 as added by chapter 377 of the laws of 2007 and
subdivision 2 as amended by chapter 16 of the laws of 2008, are amended
to read as follows:
1. The division of [probation and correctional alternatives] CRIMINAL
JUSTICE SERVICES shall [establish a pilot project to] implement the
provisions of this section. [Such pilot project shall be established in
four counties designated by the division of probation and correctional
alternatives provided that each such county shall be in a distinct
region of the state outside of the city of New York.] The [state direc-
tor of probation and correctional alternatives] COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES shall have the power to adopt
rules and regulations necessary to effectuate the provisions of this
section.
2. A person under probation supervision for conviction of a sex
offense or a sexually violent offense, as such terms are defined by
subdivision two or three of section one hundred sixty-eight-a of the
correction law, [or] a family offense as defined in subdivision one of
section 530.11 of this chapter, CONVICTION OF A CRIME DEFINED IN SECTION
ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW, OR CONVICTION OF CRIMI-
NAL CONTEMPT IN THE FIRST DEGREE OR AGGRAVATED CRIMINAL CONTEMPT AS
DEFINED IN SECTIONS 215.51 AND 215.52 OF THE PENAL LAW, WHERE THE
CONDUCT UNDERLYING SUCH CRIMINAL CONTEMPT CONVICTION IS RELATED TO A SEX
OFFENSE, A SEXUALLY VIOLENT OFFENSE, A FAMILY OFFENSE, OR A CRIME
DEFINED IN SECTION ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW, who
has been taken into custody pursuant to section 410.40 or section 410.50
of this article in a county designated pursuant to subdivision one of
this section for violation of a condition of a sentence of probation
must forthwith be brought before the court that imposed the sentence.
Where the court that imposed sentence is a local criminal court and no
judge from that court is available, and such person has been taken into
custody pursuant to subdivision four of section 410.50 of this article,
such person shall be brought before any available alternative court as
described in subdivision five of section 120.90 of this chapter. Where
the court that imposed the sentence is a superior court and no judge
from that court is available, such person shall be brought before any
available local criminal court in the same county. When no such alterna-
tive court is available, the probation officer shall report such fact
and such efforts to locate an available alternative court to the direc-
tor or deputy director of the local probation department, and thereupon
a warrant may be issued by such director or deputy director for the
temporary detention of such person upon that official's determination
that a public safety risk requires that the probationer be immediately
taken into custody. A warrant issued pursuant to this subdivision shall
constitute sufficient authority to the superintendent or other person in
charge of any jail, penitentiary, lockup or detention pen to whom it is
delivered to hold in temporary detention the person named therein.
During such period of temporary detention, a warrant issued pursuant to
S. 6606--A 121 A. 9706--A
this subdivision shall have the same effect as a warrant issued by a
court pursuant to subdivision two of section 410.40 of this article.
S 6. The criminal procedure law is amended by adding a new section
570.51 to read as follows:
S 570.51 PRE-SIGNED WAIVER OF EXTRADITION.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A LAW ENFORCEMENT AGENCY
IN THE STATE OF NEW YORK HOLDING A PERSON WHO IS ALLEGED TO HAVE
VIOLATED THE TERMS OR CONDITIONS OF HIS OR HER PROBATION, PAROLE, BAIL
OR ANY OTHER RELEASE IN THE DEMANDING STATE SHALL IMMEDIATELY DELIVER
THAT PERSON TO THE DULY AUTHORIZED AGENT OF THE DEMANDING STATE WITHOUT
THE REQUIREMENT OF A GOVERNOR'S WARRANT IF THE FOLLOWING APPLY:
1. THE PERSON HAS PREVIOUSLY SIGNED A WRITTEN WAIVER OF EXTRADITION
AS A TERM OF HIS OR HER CURRENT PROBATION, PAROLE, BAIL OR OTHER RELEASE
IN THE DEMANDING STATE;
2. THE LAW ENFORCEMENT AGENCY HOLDING THE PERSON HAS RECEIVED AN
AUTHENTICATED COPY OF THE WRITTEN WAIVER OF EXTRADITION PREVIOUSLY
SIGNED BY THE PERSON AND PHOTOGRAPHS OR FINGERPRINTS OR OTHER EVIDENCE
PROPERLY IDENTIFYING THE PERSON AS THE PERSON WHO SIGNED THE WAIVER; AND
3. ALL OPEN CRIMINAL CHARGES IN THE STATE OF NEW YORK HAVE BEEN
DISPOSED OF THROUGH TRIAL AND SENTENCING.
S 7. Section 60.27 of the penal law is amended by adding a new subdi-
vision 14 to read as follows:
14. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER IT SHALL
APPEAR TO THE SATISFACTION OF THE APPROPRIATE DISTRICT ATTORNEY, THAT AN
ORDER OF RESTITUTION THAT IS PART OF ANY DISPOSITION DOES NOT INCLUDE AN
AMOUNT OWED TO A VICTIM, DOES NOT REFLECT THE AMOUNT WHICH WAS IMPOSED
BY THE COURT OR AGREED TO BY ALL PARTIES, AS THE CASE MAY BE, OR IS
CONTRARY TO APPLICABLE LAW, IT SHALL BE HIS OR HER DUTY TO IMMEDIATELY
MOVE TO SET ASIDE SUCH SENTENCE PURSUANT TO SECTION 440.40 OF THE CRIMI-
NAL PROCEDURE LAW.
(B) WHERE A TRANSFER OF PROBATION HAS OCCURRED PURSUANT TO SECTION
410.80 OF THE CRIMINAL PROCEDURE LAW AND THE PROBATIONER IS SUBJECT TO A
RESTITUTION CONDITION, THE DEPARTMENT OF PROBATION IN THE COUNTY IN
WHICH THE ORDER OF RESTITUTION WAS IMPOSED SHALL NOTIFY THE APPROPRIATE
DISTRICT ATTORNEY. UPON NOTIFICATION BY THE DEPARTMENT OF PROBATION,
SUCH DISTRICT ATTORNEY SHALL FILE A CERTIFIED COPY OF THE JUDGMENT WITH
THE CLERK OF THE COUNTY IN THE RECEIVING JURISDICTION FOR PURPOSES OF
ESTABLISHING A FIRST LIEN AND TO PERMIT INSTITUTION OF CIVIL PROCEEDINGS
PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX OF SECTION 420.10 OF THE
CRIMINAL PROCEDURE LAW.
S 8. Paragraph (b) of subdivision 3 of section 65.10 of the penal law
is amended to read as follows:
(b) Remain within the jurisdiction of the court unless granted permis-
sion to leave by the court or the probation officer[; and]. WHERE A
DEFENDANT IS GRANTED PERMISSION TO MOVE OR TRAVEL OUTSIDE THE JURISDIC-
TION OF THE COURT, THE DEFENDANT SHALL SIGN A WRITTEN WAIVER OF EXTRADI-
TION AGREEING TO WAIVE EXTRADITION PROCEEDINGS AND NOT TO CONTEST ANY
EFFORT BY ANY JURISDICTION TO RETURN THE DEFENDANT TO THIS STATE. WHERE
ANY COUNTY OR THE CITY OF NEW YORK INCURS COSTS ASSOCIATED WITH THE
RETURN OF ANY PROBATIONER, THE JURISDICTION MAY COLLECT THE EXPENSES
INVOLVED IN CONNECTION WITH HIS OR HER RETURN, FROM THE PROBATIONER.
S 9. Section 4 of chapter 377 of the laws of 2007, amending the
correction law and the criminal procedure law relating to establishing a
probation detainer warrant pilot project, is amended to read as follows:
S 4. This act shall take effect immediately and shall expire and be
deemed repealed March 31, [2010] 2013.
S. 6606--A 122 A. 9706--A
S 10. The section heading and subdivisions 1, 2, 3 and 4 of section
246 of the executive law, the section heading and subdivisions 2 and 4
as added by chapter 479 of the laws of 1970, subdivisions 1 and 3 as
amended by chapter 134 of the laws of 1985, and the second undesignated
paragraph of subdivision 4 as amended by chapter 55 of the laws of 1992,
are amended to read as follows:
State [reimbursement] AID for probation services. 1. The program of
state aid to county probation services shall be [continued. It shall be]
administered by the division of [probation and correctional alterna-
tives] CRIMINAL JUSTICE SERVICES with the advice of the [state probation
commission] DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTER-
NATIVES. Funds appropriated to the division for distribution as state
aid to county probation services and to the probation services of New
York city shall be distributed by the division in accordance with [the
provisions of this section, and] rules AND REGULATIONS adopted by the
[director] COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
after consultation with the [state probation commission] DIRECTOR OF THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
2. State aid shall be granted to the city of New York and the respec-
tive counties outside the city of New York [only to the extent of reim-
bursing fifty per centum of the approved] FOR expenditures TO BE
incurred by the county or city in maintaining and improving local
probation services SUBJECT TO AMOUNTS APPROPRIATED FOR THIS PURPOSE.
[It] STATE AID GRANTS shall not [include] BE USED FOR expenditures for
capital additions or improvements, or for debt service costs for capital
improvements.
State aid shall be granted by the [director] COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES after consultation with the [state
probation commission] DIRECTOR OF THE OFFICE OF PROBATION AND CORREC-
TIONAL ALTERNATIVES, provided the respective counties or the city of New
York conform to standards relating to the administration of probation
services as adopted by the [director] COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES after consultation with the [state probation
commission] DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTER-
NATIVES.
3. Applications from counties or the city of New York for state aid
under this section shall be made by filing with the division of
[probation and correctional alternatives] CRIMINAL JUSTICE SERVICES, a
detailed plan, including cost estimates covering probation services for
the fiscal year or portion thereof for which aid is requested. Included
in such estimates shall be clerical costs and maintenance and operation
costs as well as salaries of probation personnel and such other perti-
nent information as the [director] COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES may require. Items for which [reimbursement] STATE
AID is requested under this section shall be duly designated in the
estimates submitted. The [director] COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, after consultation with the [state probation
commission] DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTER-
NATIVES, shall approve such plan if it conforms to standards relating to
the administration of probation services as specified in the rules
adopted by him OR HER.
4. An approved plan and compliance with standards relating to the
administration of probation services promulgated by the [director]
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES shall be a
prerequisite to eligibility for [reimbursement] STATE AID. [At the end
of each quarter, each county outside the city of New York approved as
S. 6606--A 123 A. 9706--A
eligible for reimbursement under this section, and the city of New York
if approved as eligible for reimbursement under this section, shall
submit to the division, in such form as the director requires, a veri-
fied accounting of all expenditures made by the county, or the city of
New York, in providing probation services. Such accounting shall desig-
nate those items for which reimbursement is claimed, and shall be
presented together with a claim for reimbursement.
In submitting a claim for reimbursement each] THE COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES MAY TAKE INTO CONSIDERATION GRANT-
ING ADDITIONAL STATE AID FROM AN APPROPRIATION MADE FOR STATE AID FOR
COUNTY PROBATION SERVICES FOR COUNTIES OR THE CITY OF NEW YORK WHEN A
COUNTY OR THE CITY OF NEW YORK DEMONSTRATES THAT ADDITIONAL PROBATION
SERVICES WERE DEDICATED TO INTENSIVE SUPERVISION PROGRAMS, INTENSIVE
PROGRAMS FOR SEX OFFENDERS OR PROGRAMS DEFINED AS JUVENILE RISK INTER-
VENTION SERVICES. THE ADMINISTRATION OF SUCH ADDITIONAL GRANTS SHALL BE
MADE ACCORDING TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. EACH county and the city
of New York shall certify the total amount collected pursuant to section
two hundred fifty-seven-c of this chapter [during the period for which
such reimbursement is claimed]. The [director] COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES shall thereupon certify to the comp-
troller for payment by the state out of funds appropriated for that
purpose, the amount to which the county or the city of New York shall be
entitled under this section.
S 11. The second undesignated paragraph of subdivision 4 of section
246 of the executive law, as added by chapter 479 of the laws of 1970,
is amended to read as follows:
The [director] COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES shall thereupon certify to the comptroller for payment by the
state out of funds appropriated for that purpose, the amount to which
the county or the city of New York shall be entitled under this section.
S 12. This act shall take effect immediately; provided, however, that:
(a) sections one, two, three, four, five, six, seven, and eight of
this act shall take effect on the ninetieth day after it shall have
become a law;
(b) the provisions of section nine of this act shall be deemed to have
been in full force and effect on or after March 31, 2010;
(c) the amendments to subdivisions 1 and 2 of section 410.92 of the
criminal procedure law made by section five of this act shall not affect
the repeal of such section and shall be deemed repealed therewith; and
(d) the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section ten of this act
shall not affect the expiration and reversion of such undesignated para-
graph and shall expire therewith when upon such date the provisions of
section eleven of this act shall take effect.
PART E
Section 1. The executive law is amended by adding two new sections
837-s and 837-t to read as follows:
S 837-S. OFFICE OF INDIGENT DEFENSE. 1. THERE IS HEREBY CREATED WITHIN
THE DIVISION THE OFFICE OF INDIGENT DEFENSE, HEREINAFTER IN THIS SECTION
REFERRED TO AS "THE OFFICE". THE OFFICE SHALL OPERATE UNDER THE ADMINIS-
TRATIVE SUPERVISION OF THE DIVISION AND EMPLOYEES OF THE OFFICE SHALL
ABIDE BY ALL ADMINISTRATIVE POLICIES, PROCEDURES, AND REGULATIONS OF THE
DIVISION; PROVIDED THAT THE OFFICE SHALL FUNCTION INDEPENDENTLY OF THE
S. 6606--A 124 A. 9706--A
DIVISION REGARDING THE ESTABLISHMENT OF POLICY AND STANDARDS FOR THE
PROVISION OF INDIGENT DEFENSE SERVICES AND SHALL REPORT DIRECTLY TO THE
INDIGENT DEFENSE BOARD ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED
THIRTY-SEVEN-T OF THIS ARTICLE REGARDING THE ESTABLISHMENT OF POLICY AND
STANDARDS FOR THE PROVISION OF INDIGENT DEFENSE SERVICES.
2. (A) THE GOVERNOR SHALL APPOINT A DIRECTOR OF THE OFFICE WHO SHALL
SERVE AT THE PLEASURE OF THE GOVERNOR. THE PERSON APPOINTED AS DIRECTOR
SHALL, UPON HIS OR HER APPOINTMENT, HAVE BEEN ADMITTED TO PRACTICE LAW
IN THE STATE OF NEW YORK AND SHALL HAVE NOT LESS THAN FIVE YEARS PROFES-
SIONAL EXPERIENCE IN THE AREA OF INDIGENT DEFENSE.
(B) THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR, SHALL APPOINT
EMPLOYEES AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE THE EFFICIENT OPER-
ATION OF THE OFFICE WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY APPRO-
PRIATION.
3. DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL, IN CONSULTATION WITH
THE INDIGENT DEFENSE BOARD, HAVE THE FOLLOWING DUTIES AND RESPONSIBIL-
ITIES:
(A) TO EXAMINE AND EVALUATE INDIGENT DEFENSE SERVICES PROVIDED TO
INDIGENT CRIMINAL DEFENDANTS IN EACH COUNTY;
(B) TO COLLECT INFORMATION AND DATA REGARDING THE PROVISION OF INDI-
GENT DEFENSE SERVICES INCLUDING, BUT NOT LIMITED TO:
(I) THE TYPES AND COMBINATIONS OF DEFENDER SYSTEMS NOW BEING UTILIZED
IN EACH COUNTY;
(II) THE EXISTING PUBLIC DEFENDER SALARY SCALE STATEWIDE;
(III) THE ACTUAL YEARLY CASELOADS OF ATTORNEYS PROVIDING SERVICES TO
INDIGENT CRIMINAL DEFENDANTS AS PUBLIC DEFENDERS, LEGAL AID ATTORNEYS OR
PURSUANT TO ANY OTHER CITY OR COUNTY PLAN FOR REPRESENTATION PLACED IN
OPERATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW;
(IV) HOW THE YEARLY CASELOADS OF INDIGENT DEFENSE COUNSEL COMPARE WITH
THE YEARLY CASELOADS OF PROSECUTORS IN EACH COUNTY;
(V) DISPOSITION RATES, INCLUDING WHETHER BY DISMISSAL OF CHARGES, PLEA
OR TRIAL, OF PUBLIC DEFENSE ATTORNEYS ACTING UNDER EACH TYPE OF INDIGENT
DEFENSE PLAN;
(VI) THE AVERAGE NUMBER OF ATTORNEY HOURS CURRENTLY BEING SPENT IN
EACH COUNTY TO DEFEND AGAINST DIFFERENT TYPES OF CRIMINAL CHARGES;
(VII) ACTUAL EXPENDITURES CURRENTLY BEING MADE IN EACH COUNTY ON CRIM-
INAL DEFENSE AND PROSECUTION SERVICES;
(VIII) THE FUNDS CURRENTLY BEING SPENT ON CRIMINAL DEFENSE AND PROSE-
CUTION SERVICES, AND THE AMOUNT BEING SPENT ON ANCILLARY SERVICES, SUCH
AS INVESTIGATORS, SUPPORT STAFF, SOCIAL WORKERS, AND EXPERT WITNESSES;
(IX) THE STANDARDS AND CRITERIA USED IN EACH COUNTY TO DETERMINE
WHETHER A CRIMINAL DEFENDANT IS ELIGIBLE TO RECEIVE PUBLIC DEFENSE
SERVICES; AND
(X) THE STANDARDS AND CRITERIA USED IN EACH COUNTY TO DETERMINE WHETH-
ER AN ATTORNEY IS QUALIFIED TO PROVIDE SERVICES AS A PUBLIC DEFENDER, A
LEGAL AID ATTORNEY OR PURSUANT TO ANY OTHER CITY OR COUNTY PLAN FOR
REPRESENTATION PLACED IN OPERATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE
COUNTY LAW, INCLUDING AS ASSIGNED COUNSEL ON A CASE BY CASE BASIS;
(C) TO ANALYZE AND EVALUATE THE COLLECTED DATA, AND UNDERTAKE ANY
NECESSARY RESEARCH AND STUDIES, IN ORDER TO CONSIDER AND RECOMMEND MEAS-
URES TO ENHANCE THE PROVISION OF DEFENSE SERVICES TO INDIGENT DEFENDANTS
AND TO ENSURE THAT INDIGENT CRIMINAL DEFENDANTS ARE PROVIDED WITH
CONSTITUTIONALLY EFFECTIVE REPRESENTATION IN A MANNER THAT IS FISCALLY
RESPONSIBLE FOR COUNTIES AND THE STATE, WHICH MAY INCLUDE BUT NOT BE
LIMITED TO: ESTABLISHING A DEFINITION OF INDIGENCY AND UNIFORM STANDARDS
AND PROCEDURES TO GUIDE COURTS IN DETERMINING WHETHER A DEFENDANT IS
S. 6606--A 125 A. 9706--A
ELIGIBLE FOR INDIGENT DEFENSE SERVICES; AND ESTABLISHING STANDARDS,
CRITERIA AND A PROCESS FOR QUALIFYING ATTORNEYS TO PROVIDE DEFENSE
SERVICES TO INDIGENT CRIMINAL DEFENDANTS;
(D) TO DEVELOP RECOMMENDATIONS TO IMPROVE THE DELIVERY OF DEFENSE
SERVICES STATEWIDE IN A MANNER THAT IS CONSISTENT WITH THE NEEDS OF THE
COUNTIES, THE EFFICIENCY AND ADEQUACY OF THE INDIGENT DEFENSE PLAN OPER-
ATED IN THE COUNTIES AND THE QUALITY OF REPRESENTATION OFFERED, WHICH
MAY INCLUDE THE DISTRIBUTION OF GRANTS PURSUANT TO SPECIFIED CRITERIA;
(E) TO DEVELOP RECOMMENDATIONS REGARDING THE DISTRIBUTION OF ANY
MONIES APPROPRIATED FOR INDIGENT DEFENSE SERVICES, INCLUDING BUT NOT
LIMITED TO MONIES FROM THE INDIGENT LEGAL SERVICES FUND, FOR CONSIDER-
ATION BY THE INDIGENT DEFENSE BOARD;
(F) TO INVESTIGATE AND MONITOR ANY OTHER MATTER RELATED TO INDIGENT
DEFENSE SERVICES THAT THE EXECUTIVE DIRECTOR DEEMS IMPORTANT;
(G) TO REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDI-
VISION THEREOF OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION AND
DATA AS WILL ENABLE THE OFFICE PROPERLY TO CARRY OUT ITS FUNCTIONS,
POWERS AND DUTIES;
(H) TO PRESENT FINDINGS AND MAKE RECOMMENDATIONS FOR CONSIDERATION BY
THE INDIGENT DEFENSE BOARD AS ESTABLISHED PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-T OF THIS ARTICLE; AND
(I) TO EXECUTE DECISIONS OF THE INDIGENT DEFENSE BOARD ESTABLISHED
PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-T OF THIS ARTICLE,
INCLUDING THE DISTRIBUTION OF FUNDS.
S 837-T. INDIGENT DEFENSE BOARD. 1. THERE IS HEREBY CREATED WITHIN THE
DIVISION THE INDIGENT DEFENSE BOARD, HEREINAFTER REFERRED TO IN THIS
SECTION AS THE BOARD, WHICH SHALL CONSIST OF NINE MEMBERS WHO SHALL BE
APPOINTED AS FOLLOWS:
(A) ONE SHALL BE THE CHIEF JUDGE OF THE COURT OF APPEALS, WHO SHALL BE
THE CHAIR OF THE BOARD;
(B) ONE SHALL BE APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF THE
TEMPORARY PRESIDENT OF THE SENATE;
(C) ONE SHALL BE APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF THE
SPEAKER OF THE ASSEMBLY;
(D) ONE SHALL BE APPOINTED BY THE GOVERNOR FROM A LIST OF AT LEAST
FOUR NOMINEES SUBMITTED BY THE NEW YORK STATE BAR ASSOCIATION;
(E) TWO SHALL BE APPOINTED BY THE GOVERNOR FROM A LIST OF AT LEAST
FOUR NOMINEES SUBMITTED BY THE NEW YORK STATE ASSOCIATION OF COUNTIES;
(F) ONE SHALL BE APPOINTED BY THE GOVERNOR AND SHALL BE AN ATTORNEY
WHO HAS PROVIDED INDIGENT DEFENSE SERVICES AS AN EMPLOYEE OF A PUBLIC
DEFENDER'S OFFICE FOR AT LEAST FIVE YEARS; AND
(G) TWO SHALL BE APPOINTED BY THE GOVERNOR.
2. ALL MEMBERS OF THE BOARD SHALL BE APPOINTED FOR TERMS OF TWO YEARS,
SUCH TERMS TO COMMENCE ON APRIL FIRST, AND EXPIRE ON MARCH THIRTY-FIRST,
EXCEPT THE CHIEF JUDGE OF THE COURT OF APPEALS WHO SHALL SERVE EX OFFI-
CIO. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHERWISE THAN BY EXPI-
RATION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER
WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY EXPIRATION OF A TERM
OR OTHERWISE SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINT-
MENTS. ANY MEMBER MAY BE REAPPOINTED FOR ADDITIONAL TERMS.
3. MEMBERSHIP ON THE BOARD SHALL NOT CONSTITUTE THE HOLDING OF AN
OFFICE, AND MEMBERS OF THE BOARD SHALL NOT BE REQUIRED TO TAKE AND FILE
OATHS OF OFFICE BEFORE SERVING ON THE BOARD. THE BOARD SHALL NOT HAVE
THE RIGHT TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE.
S. 6606--A 126 A. 9706--A
4. THE BOARD SHALL MEET AT LEAST FOUR TIMES IN EACH YEAR. SPECIAL
MEETINGS MAY BE CALLED BY THE CHAIR AND SHALL BE CALLED BY THE CHAIR
UPON THE WRITTEN REQUEST OF FIVE MEMBERS OF THE BOARD. THE BOARD MAY
ESTABLISH ITS OWN PROCEDURES WITH RESPECT TO THE CONDUCT OF ITS MEETINGS
AND OTHER AFFAIRS; PROVIDED, HOWEVER, THAT THE QUORUM AND MAJORITY
PROVISIONS OF SECTION FORTY-ONE OF THE GENERAL CONSTRUCTION LAW SHALL
GOVERN ALL ACTIONS TAKEN BY THE BOARD.
5. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS HEREUNDER.
6. NO MEMBER OF THE BOARD SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT, BY REASON OF HIS OR HER APPOINTMENT HEREUNDER, NOTWITH-
STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE
OR CITY CHARTER.
7. THE BOARD SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
(A) TO EVALUATE EXISTING INDIGENT DEFENSE PROGRAMS AND DETERMINE THE
TYPE OF INDIGENT DEFENSE SERVICES THAT SHOULD BE PROVIDED IN NEW YORK
STATE TO BEST SERVE THE INTERESTS OF INDIGENT DEFENDANTS;
(B) TO CONSULT WITH AND ADVISE THE OFFICE OF INDIGENT DEFENSE IN
CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF SUCH OFFICE;
(C) TO ACCEPT, REJECT OR MODIFY RECOMMENDATIONS MADE BY THE OFFICE OF
INDIGENT DEFENSE REGARDING THE ALLOCATION OF FUNDS FROM THE INDIGENT
LEGAL SERVICES FUND AND THE AWARDING OF GRANTS, INCLUDING INCENTIVE
GRANTS; AND
(D) TO ADVISE THE GOVERNOR AND LEGISLATURE AND MAKE RECOMMENDATIONS
REGARDING THE PROVISION OF INDIGENT DEFENSE SERVICES IN NEW YORK STATE.
S 2. Section 98-b of the state finance law, as added by section 12 of
part J of chapter 62 of the laws of 2003, subdivision 3 as amended by
section 1 of part H of chapter 56 of the laws of 2004 and paragraph (b)
of subdivision 3 as amended by section 1 of part G of chapter 56 of the
laws of 2005, is amended to read as follows:
S 98-b. Indigent legal services fund. 1. There is hereby established
in the joint custody of the comptroller and the commissioner of taxation
and finance a special fund to be known as the indigent legal services
fund.
2. Such fund shall consist of all moneys appropriated for the purpose
of such fund, all other moneys required to be paid into or credited to
such fund, and all moneys received by the fund or donated to it.
3. (a) [As provided in this subdivision, moneys received by the indi-
gent legal services fund each calendar year from January first through
December thirty-first shall be made available by the state comptroller
in the immediately succeeding calendar year to (i) assist counties and,
in the case of a county wholly contained within a city, such city, in
providing legal representation for persons who are financially unable to
afford counsel pursuant to article eighteen-B of the county law; and
(ii) assist the state, in funding representation provided by assigned
counsel paid in accordance with section thirty-five of the judiciary
law. Moneys from the fund shall be distributed at the direction of the
state comptroller in accordance with the provisions of this subdivision.
(b) (i) Commencing on March thirty-first, two thousand five, moneys
from such fund shall first be made available, in the calendar year next
succeeding the calendar year in which collected, to reimburse the state
for payments, made in the previous calendar year, for] THE OFFICE OF
COURT ADMINISTRATION MAY EXPEND A PORTION OF THE FUNDS AVAILABLE IN THE
INDIGENT LEGAL SERVICES FUND TO SUPPORT assigned counsel paid in accord-
S. 6606--A 127 A. 9706--A
ance with section thirty-five of the judiciary law, up to an annual sum
of twenty-five million dollars.
[(ii) Commencing with the payment on April first, two thousand five or
as soon thereafter as practicable, and subsequent quarterly payments
thereafter, moneys from such fund shall be available to reimburse the
state for providing funding for legal representation in periods and at
rates of compensation in effect after January first, two thousand four
in accordance with section thirty-five of the judiciary law, in an
amount equal to such funding provided during the preceding quarter, less
the amount of funding provided during that quarter in accordance with
such section at rates of compensation in effect immediately prior to
January first, two thousand four, up to but not exceeding six million
two hundred fifty thousand dollars per quarter.
(c) The balance of moneys received by such fund shall be distributed
by the state comptroller, in the calendar year next succeeding the
calendar year in which collected, to counties and, in the case of a
county wholly contained within a city, such city, to assist such coun-
ties and such city in providing representation pursuant to article eigh-
teen-B of the county law. The amount to be made available each year to
such counties and such city shall be calculated by the state comptroller
as follows:
(i) The county executive or chief executive officer of each county or,
in the case of a county wholly contained within a city, such city shall,
in accordance with subdivision two of section seven hundred twenty-two-f
of the county law, certify to the state comptroller, by March first of
each year, the total expenditure of local funds by each such county or
city, during the period January first through December thirty-first of
the previous calendar year, for providing legal representation to
persons who were financially unable to afford counsel, pursuant to arti-
cle eighteen-B of the county law.
(ii) The state comptroller shall then total the amount of local funds
expended by all such counties and such city to determine the sum of such
moneys expended by all such counties and such city for providing such
representation in such calendar year.
(iii) The state comptroller shall then calculate the percentage share
of the statewide sum of such expenditures for each county and such city
for such calendar year.
(iv) The state comptroller shall then determine:
(A) the fund amount available to be distributed pursuant to this para-
graph, which shall be the amount received by the indigent legal services
fund in the immediately preceding calendar year, minus the amount to be
distributed to the state under paragraph (b) of this subdivision
provided, however, that with respect to the first payment made to coun-
ties and such city on March thirty-first, two thousand five, such
payment shall be made from the amounts received by the indigent legal
services fund in the immediately preceding two calendar years, minus the
amount to be distributed to the state under paragraph (b) of this subdi-
vision; and
(B) the annual payment amount to be paid to each county and such city
pursuant to this subdivision, which shall be the product of the percent-
age share of statewide local funds expended by each such county and
city, as determined pursuant to subparagraph (iii) of this paragraph,
multiplied by the fund amount available for distribution, as determined
pursuant to clause (A) of this subparagraph.]
(B) AN ANNUAL SUM OF FORTY MILLION DOLLARS SHALL BE AVAILABLE TO THE
CITY OF NEW YORK FOR THE PROVISION OF INDIGENT DEFENSE SERVICES.
S. 6606--A 128 A. 9706--A
(C) REMAINING MONEYS RECEIVED BY THE INDIGENT LEGAL SERVICES FUND
SHALL BE DISTRIBUTED IN ACCORDANCE WITH SECTIONS EIGHT HUNDRED
THIRTY-SEVEN-S AND EIGHT HUNDRED THIRTY-SEVEN-T OF THE EXECUTIVE LAW
WITHIN AMOUNTS APPROPRIATED THEREIN.
(d) All payments from this account shall be made upon vouchers
approved and certified and upon audit and warrant of the state comp-
troller. The state comptroller shall, as soon as practicable, make such
payments to the state and each county and each city in a lump sum
payment.
[4. Maintenance of effort. (a) As used in this section, "local funds"
shall mean all funds appropriated or allocated by a county or, in the
case of a county wholly contained within a city, such city, for services
and expenses in accordance with article eighteen-B of the county law,
other than funds received from: (i) the federal government or the state;
or (ii) a private source, where such city or county does not have
authority or control over the payment of such funds by such private
source.
(b) State funds received by a county or city pursuant to subdivision
three of this section shall be used to supplement and not supplant any
local funds which such county or city would otherwise have had to expend
for the provision of counsel and expert, investigative and other
services pursuant to article eighteen-B of the county law. All such
state funds received by a county or city shall be used to improve the
quality of services provided pursuant to article eighteen-B of the coun-
ty law.
(c) Notwithstanding the provisions of any other law, as a precondition
for receiving state assistance pursuant to subdivision three of this
section, a county or city shall be required pursuant to this paragraph
to demonstrate compliance with the maintenance of effort provisions of
paragraph (b) of this subdivision. Such compliance shall be shown as a
part of the annual report submitted by the county or city in accordance
with subdivision two of section seven hundred twenty-two-f of the county
law. Such maintenance of effort shall be shown by demonstrating with
specificity:
(i) that the total amount of local funds expended for services and
expenses pursuant to article eighteen-B of the county law during the
applicable calendar year reporting period did not decrease from the
amount of such local funds expended during the previous calendar year
provided, however, that with respect to the report filed in two thousand
six regarding calendar year two thousand five, such maintenance of
effort shall be shown by demonstrating with specificity that the total
amount of local funds expended for services and expenses pursuant to
article eighteen-B of the county law during the two thousand five calen-
dar year did not decrease from the amount of such local funds expended
during calendar year two thousand two; or
(ii) where the amount of local funds expended for such services
decreased over such period, that all state funds received during the
most recent state fiscal year pursuant to subdivision three of this
section were used to assure an improvement in the quality of services
provided in accordance with article eighteen-B of the county law and
have not been used to supplant local funds. For purposes of this subpar-
agraph, whether there has been an improvement in the quality of such
services shall be determined by considering the expertise, training and
resources made available to attorneys, experts and investigators provid-
ing such services; the total caseload handled by such attorneys, experts
and investigators as such relates to the time expended in each case and
S. 6606--A 129 A. 9706--A
the quality of services provided; the system by which attorneys were
matched to cases with a degree of complexity suitable to each attorney's
training and experience; the provision of timely and confidential access
to such attorneys and expert and investigative services; and any other
similar factors related to the delivery of quality public defense
services.]
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.
PART F
Section 1. Section 716 of the county law, as amended by chapter 714
of the laws of 1966, is amended to read as follows:
S 716. Public defender AND CONFLICT DEFENDER; appointment; term; other
employees. 1. The board of supervisors of any county may create an
office of public defender, or may authorize a contract between its coun-
ty and one or more other such counties to create an office of public
defender to serve such counties. A city may create an office of public
defender in any county wholly contained within its borders and such city
shall possess with respect to such office all the powers conferred upon
a board of supervisors by the provisions of this article. The board or
boards of supervisors may designate an attorney-at-law as public defen-
der and shall fix his OR HER term and compensation. Subject to the
approval of such board or boards, the public defender may appoint as
many assistant attorneys, clerks, investigators, stenographers and other
employees as he OR SHE may deem necessary and as shall be authorized by
such board or boards. The public defender shall fix the compensation of
such aides and assistants within the amounts such board or boards may
appropriate for such purposes. Notwithstanding any other provision of
law relating to the creation of county offices, where the board of
supervisors of any county has established an office of public defender
by resolution, and thereafter such office is created by local law, such
local law may authorize the payment of compensation and other expenses
incurred in the operation of said office retroactive to the date of the
adoption of said resolution.
2. THE BOARD OF SUPERVISORS OF ANY COUNTY WHICH HAS CREATED THE OFFICE
OF PUBLIC DEFENDER, MAY CREATE AN OFFICE OF CONFLICT DEFENDER INDEPEND-
ENT FROM THE PUBLIC DEFENDER'S OFFICE, OR MAY AUTHORIZE A CONTRACT
BETWEEN ITS COUNTY AND ONE OR MORE OTHER SUCH COUNTIES TO CREATE SUCH
OFFICE OF CONFLICT DEFENDER TO SERVE SUCH COUNTIES. A CITY WHICH HAS
CREATED THE OFFICE OF PUBLIC DEFENDER MAY CREATE SUCH OFFICE OF CONFLICT
DEFENDER IN ANY COUNTY WHOLLY CONTAINED WITHIN ITS BORDERS AND SUCH CITY
SHALL POSSESS WITH RESPECT TO SUCH OFFICE ALL THE POWERS CONFERRED UPON
A BOARD OF SUPERVISORS BY THE PROVISIONS OF THIS ARTICLE. THE BOARD OR
BOARDS OF SUPERVISORS MAY DESIGNATE AN ATTORNEY-AT-LAW DULY LICENSED TO
PRACTICE IN THE STATE OF NEW YORK AS CONFLICT DEFENDER AND SHALL FIX HIS
OR HER TERM AND COMPENSATION. SUBJECT TO THE APPROVAL OF SUCH BOARD OR
BOARDS, THE CONFLICT DEFENDER MAY APPOINT AS MANY ASSISTANT ATTORNEYS,
CLERKS, INVESTIGATORS, STENOGRAPHERS AND OTHER EMPLOYEES AS HE OR SHE
MAY DEEM NECESSARY AND AS SHALL BE AUTHORIZED BY SUCH BOARD OR BOARDS.
THE CONFLICT DEFENDER SHALL FIX THE COMPENSATION OF SUCH AIDES AND
ASSISTANTS WITHIN THE AMOUNTS SUCH BOARD OR BOARDS MAY APPROPRIATE FOR
SUCH PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW RELATING TO
THE CREATION OF COUNTY OFFICES, WHERE THE BOARD OF SUPERVISORS OF ANY
COUNTY HAS ESTABLISHED AN OFFICE OF CONFLICT DEFENDER BY RESOLUTION, AND
THEREAFTER SUCH OFFICE IS CREATED BY LOCAL LAW, SUCH LOCAL LAW MAY
S. 6606--A 130 A. 9706--A
AUTHORIZE THE PAYMENT OF COMPENSATION AND OTHER EXPENSES INCURRED IN THE
OPERATION OF SAID OFFICE RETROACTIVE TO THE DATE OF THE ADOPTION OF SAID
RESOLUTION.
S 2. Section 717 of the county law, as amended by chapter 682 of the
laws of 1975 and subdivision 2 as amended by chapter 453 of the laws of
1999, is amended to read as follows:
S 717. Public defender AND CONFLICT DEFENDER; duties. 1. The public
defender shall represent, without charge, at the request of the defend-
ant, or by order of the court with the consent of the defendant, each
indigent defendant who is charged with a crime as defined in section
seven hundred twenty-two-a of [the county law] THIS CHAPTER in the coun-
ty or counties in which such public defender serves. When representing
an indigent defendant, the public defender shall counsel and represent
him OR HER at every stage of the proceedings following arrest, shall
initiate such proceedings as in his OR HER judgment are necessary to
protect the rights of the accused, and may, in his OR HER discretion,
prosecute any appeal, if in his OR HER judgment the facts and circum-
stances warrant such appeal.
2. The public defender shall also represent, without charge, in a
proceeding in family court or surrogate's court in the county or coun-
ties where such public defender serves, any person entitled to counsel
pursuant to section two hundred sixty-two and section eleven hundred
twenty of the family court act and section four hundred seven of the
surrogate's court procedure act, or any person entitled to counsel
pursuant to article six-C of the correction law, who is financially
unable to obtain counsel. When representing such person, the public
defender shall counsel and represent him OR HER at every stage of the
proceedings, shall initiate such proceedings as in the judgment of the
public defender are necessary to protect the rights of such person, and
may prosecute any appeal when, in his OR HER judgment the facts and
circumstances warrant such appeal.
3. (A) WHENEVER THE PUBLIC DEFENDER HAS BEEN REQUESTED OR ASSIGNED TO
UNDERTAKE REPRESENTATION OF A PARTY OR REPRESENTS A PARTY WHOSE INTER-
ESTS CONFLICT WITH THE INTERESTS OF A PARTY REPRESENTED OR PROPOSED TO
BE REPRESENTED BY THE PUBLIC DEFENDER, THE CONFLICT DEFENDER SHALL
REPRESENT, WITHOUT CHARGE, ANY SUCH PERSON WITH A CONFLICTING INTEREST
WHO IS CHARGED WITH A CRIME AS DEFINED IN SECTION SEVEN HUNDRED TWENTY-
TWO-A OF THIS CHAPTER IN THE COUNTY OR COUNTIES IN WHICH SUCH CONFLICT
DEFENDER SERVES. WHEN REPRESENTING AN INDIGENT DEFENDANT, THE CONFLICT
DEFENDER SHALL COUNSEL AND REPRESENT HIM OR HER AT EVERY STAGE OF THE
PROCEEDINGS FOLLOWING ARREST, SHALL INITIATE SUCH PROCEEDINGS AS IN HIS
OR HER JUDGMENT ARE NECESSARY TO PROTECT THE RIGHTS OF THE ACCUSED, AND
MAY, IN HIS OR HER DISCRETION, PROSECUTE ANY APPEAL, IF IN HIS OR HER
JUDGMENT THE FACTS AND CIRCUMSTANCES WARRANT SUCH APPEAL.
(B) THE CONFLICT DEFENDER SHALL ALSO REPRESENT SUCH PERSON WITH A
CONFLICTING INTEREST AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION,
WITHOUT CHARGE, IN A PROCEEDING IN FAMILY COURT OR SURROGATE'S COURT IN
THE COUNTY OR COUNTIES WHERE SUCH CONFLICT DEFENDER SERVES, ANY PERSON
ENTITLED TO COUNSEL PURSUANT TO SECTION TWO HUNDRED SIXTY-TWO AND
SECTION ELEVEN HUNDRED TWENTY OF THE FAMILY COURT ACT AND SECTION FOUR
HUNDRED SEVEN OF THE SURROGATE'S COURT PROCEDURE ACT, OR ANY PERSON
ENTITLED TO COUNSEL PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, WHO
IS FINANCIALLY UNABLE TO OBTAIN COUNSEL. WHEN REPRESENTING SUCH PERSON,
THE CONFLICT DEFENDER SHALL COUNSEL AND REPRESENT HIM OR HER AT EVERY
STAGE OF THE PROCEEDINGS, SHALL INITIATE SUCH PROCEEDINGS AS IN THE
JUDGMENT OF THE CONFLICT DEFENDER ARE NECESSARY TO PROTECT THE RIGHTS OF
S. 6606--A 131 A. 9706--A
SUCH PERSON, AND MAY PROSECUTE ANY APPEAL WHEN, IN HIS OR HER JUDGMENT
THE FACTS AND CIRCUMSTANCES WARRANT SUCH APPEAL.
S 4. Section 718 of the county law, as amended by chapter 682 of the
laws of 1977, is amended to read as follows:
S 718. Appointment of other counsel. Nothing contained herein shall
preclude a court on its own motion or upon application by the public
defender OR CONFLICT DEFENDER or by the indigent defendant or person
described in section two hundred sixty-two or section eleven hundred
twenty of the family court act, or section four hundred seven of the
surrogate's court procedure act, from appointing an attorney other than
the public defender OR CONFLICT DEFENDER to represent such defendant or
person or to assist in the representation of such defendant or person at
any stage of the proceedings or on appeal. If such attorney is
appointed, he OR SHE shall serve without compensation, unless such
compensation is otherwise provided for by law.
S 5. Section 719 of the county law, as amended by chapter 682 of the
laws of 1975, is amended to read as follows:
S 719. Expenses. If a public defender OR CONFLICT DEFENDER serves more
than one county, the expenses of salaries, maintenance and operation of
his OR HER office shall be shared by the participating counties in
accordance with the provisions of the agreement establishing the office.
Expenses incidental to individual cases shall be paid by the county for
which the services were rendered. All expenses chargeable to a county
hereunder shall be a county charge to be paid upon certification by the
county treasurer out of an appropriation made for such purposes.
S 6. Section 720 of the county law, as amended by chapter 761 of the
laws of 1966, is amended to read as follows:
S 720. Annual report. The public defender AND THE CONFLICT DEFENDER
shall EACH make an annual report to the board or boards of supervisors
covering all cases handled by his OR HER office during the preceding
year.
S 7. Subdivision 1 of section 722 of the county law, as amended by
chapter 682 of the laws of 1977, is amended to read as follows:
1. Representation by a public defender OR A CONFLICT DEFENDER
appointed pursuant to [county law] article eighteen-A OF THIS CHAPTER.
S 8. This act shall take effect immediately provided, however, the
provisions of this act shall expire and be deemed repealed March 31,
2012.
PART G
Section 1. Subdivision 7 of section 995 of the executive law, as
amended by chapter 2 of the laws of 2006, paragraph (a) as separately
amended by chapter 320 of the laws of 2006, is amended to read as
follows:
7. "Designated offender" means a person convicted of [and sentenced
for] any [one or more of the following provisions of the penal law (a)
sections 120.05, 120.10, and 120.11, relating to assault; sections
125.15 through 125.27 relating to homicide; sections 130.25, 130.30,
130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70, relating to
sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to
escape and other offenses, where the offender has been convicted within
the previous five years of one of the other felonies specified in this
subdivision; or sections 255.25, 255.26 and 255.27, relating to incest,
a violent felony offense as defined in subdivision one of section 70.02
of the penal law, attempted murder in the first degree, as defined in
S. 6606--A 132 A. 9706--A
section 110.00 and section 125.27 of the penal law, kidnapping in the
first degree, as defined in section 135.25 of the penal law, arson in
the first degree, as defined in section 150.20 of the penal law,
burglary in the third degree, as defined in section 140.20 of the penal
law, attempted burglary in the third degree, as defined in section
110.00 and section 140.20 of the penal law, a felony defined in article
four hundred ninety of the penal law relating to terrorism or any
attempt to commit an offense defined in such article relating to terror-
ism which is a felony; or (b) criminal possession of a controlled
substance in the first degree, as defined in section 220.21 of the penal
law; criminal possession of a controlled substance in the second degree,
as defined in section 220.18 of the penal law; criminal sale of a
controlled substance, as defined in article 220 of the penal law; or
grand larceny in the fourth degree, as defined in subdivision five of
section 155.30 of the penal law; or (c) any misdemeanor or felony
defined as a sex offense or sexually violent offense pursuant to para-
graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
three of section one hundred sixty-eight-a of the correction law; or (d)
any of the following felonies, or an attempt thereof where such attempt
is a felony offense:
aggravated assault upon a person less than eleven years old, as
defined in section 120.12 of the penal law; menacing in the first
degree, as defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in section 125.10
of the penal law; vehicular manslaughter in the second degree, as
defined in section 125.12 of the penal law; vehicular manslaughter in
the first degree, as defined in section 125.13 of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth degree, as defined in section
130.65-a of the penal law; female genital mutilation, as defined in
section 130.85 of the penal law; facilitating a sex offense with a
controlled substance, as defined in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law; patronizing a prostitute in the
S. 6606--A 133 A. 9706--A
first degree, as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined in
section 230.33 of the penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law; use of a
child in a sexual performance, as defined in section 263.05 of the penal
law; promoting an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene sexual perform-
ance by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a child, as defined in
section 263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the penal law; criminal
sale of a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to a minor, as defined in
section 265.16 of the penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes as defined in
section 485.05 of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law; or (e) a felony defined in the penal
law or an attempt thereof where such attempt is a felony; or (f) any of
the following misdemeanors: assault in the third degree as defined in
section 120.00 of the penal law; attempted aggravated assault upon a
person less than eleven years old, as defined in section 110.00 and
section 120.12 of the penal law; attempted menacing in the first degree,
as defined in section 110.00 and section 120.13 of the penal law; menac-
ing in the second degree as defined in section 120.14 of the penal law;
menacing in the third degree as defined in section 120.15 of the penal
law; reckless endangerment in the second degree as defined in section
120.20 of the penal law; stalking in the fourth degree as defined in
section 120.45 of the penal law; stalking in the third degree as defined
in section 120.50 of the penal law; attempted stalking in the second
degree, as defined in section 110.00 and section 120.55 of the penal
law; forcible touching as defined in section 130.52 of the penal law
regardless of the age of the victim; sexual abuse in the third degree as
defined in section 130.55 of the penal law regardless of the age of the
victim; unlawful imprisonment in the second degree as defined in section
135.05 of the penal law regardless of the age of the victim; attempted
unlawful imprisonment in the first degree, as defined in section 110.00
and section 135.10 of the penal law regardless of the age of the victim;
criminal trespass in the second degree as defined in section 140.15 of
the penal law; possession of burglar's tools as defined in section
140.35 of the penal law; petit larceny as defined in section 155.25 of
the penal law; endangering the welfare of a child as defined in section
260.10 of the penal law; endangering the welfare of an incompetent or
S. 6606--A 134 A. 9706--A
physically disabled person as defined in section 260.25] FELONY DEFINED
IN THE PENAL LAW OR ANY MISDEMEANOR DEFINED IN THE PENAL LAW, OR A
PERSON ADJUDICATED AND SENTENCED AS A YOUTHFUL OFFENDER PURSUANT TO
ARTICLE SEVEN HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW FOR ANY SUCH
MISDEMEANOR OR FELONY, OR A PERSON WHO IS REQUIRED TO REGISTER AS A SEX
OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
S 2. Subdivision 3 of section 995-c of the executive law, as amended
by chapter 576 of the laws of 2004, is amended to read as follows:
3. (A) Any designated offender [subsequent to conviction and sentenc-
ing for a crime specified in subdivision seven of section nine hundred
ninety-five of this article,] shall be required to provide a sample
appropriate for DNA testing to determine identification characteristics
specific to such person and to be included in a state DNA identification
index pursuant to this article.
(B) (I) IN THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A
TERM OF IMPRISONMENT, SUCH SAMPLE SHALL BE COLLECTED BY THE PUBLIC SERV-
ANT TO WHOSE CUSTODY THE DESIGNATED OFFENDER HAS BEEN COMMITTED.
(II) IN THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A TERM
OF PROBATION, INCLUDING A SENTENCE OF PROBATION IMPOSED IN CONJUNCTION
WITH A SENTENCE OF IMPRISONMENT WHEN A SAMPLE HAS NOT ALREADY BEEN
TAKEN, SUCH SAMPLE SHALL BE COLLECTED BY THE PROBATION DEPARTMENT SUPER-
VISING THE DESIGNATED OFFENDER.
(III) IN THE CASE OF A DESIGNATED OFFENDER WHOSE SENTENCE DOES NOT
INCLUDE EITHER A TERM OF IMPRISONMENT OR A TERM OF PROBATION, THE COURT,
OR IN THE CASE OF A PERSON REGISTERED AS A SEX OFFENDER ON OR BEFORE THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH WHO HAS NOT HAD A DNA SAMPLE TAKEN,
THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL ORDER THAT THE DESIG-
NATED OFFENDER REPORT TO AN OFFICE OF THE SHERIFF OF THAT COUNTY, AND
WHEN THE DESIGNATED OFFENDER DOES SO, SUCH SAMPLE SHALL BE COLLECTED BY
THE SHERIFF'S OFFICE.
(IV) IN THE CASE OF A DESIGNATED SEX OFFENDER WHO IS REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
LAW AS A RESULT OF A CONVICTION OBTAINED IN A FOREIGN JURISDICTION ON OR
AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH, SUCH SAMPLE SHALL BE
COLLECTED BY THE PROBATION DEPARTMENT OF THE COUNTY IN WHICH THE DESIG-
NATED OFFENDER RESIDES.
(V) NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE COLLECTION OF A DNA
SAMPLE FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR LOCAL
CORRECTION OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER,
POLICE OFFICER, PEACE OFFICER, OR OTHER PUBLIC SERVANT WHO HAS BEEN
NOTIFIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT SUCH DESIG-
NATED OFFENDER HAS NOT PROVIDED A DNA SAMPLE. UPON NOTIFICATION BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES THAT A DESIGNATED OFFENDER HAS NOT
PROVIDED A DNA SAMPLE, SUCH COURT OFFICIAL, STATE OR LOCAL CORRECTION
OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, POLICE OFFICER,
PEACE OFFICER OR OTHER PUBLIC SERVANT SHALL COLLECT THE DNA SAMPLE.
S 3. Section 65.10 of the penal law is amended by adding a new subdi-
vision 4-b to read as follows:
4-B. MANDATORY DNA CONDITION FOR DESIGNATED OFFENDERS AND CERTAIN
OTHER OFFENDERS. WHEN IMPOSING A SENTENCE OF PROBATION OR CONDITIONAL
DISCHARGE UPON A PERSON DEFINED AS A DESIGNATED OFFENDER PURSUANT TO
SUBDIVISION SEVEN OF SECTION NINE HUNDRED NINETY-FIVE OF THE EXECUTIVE
LAW, THE COURT SHALL REQUIRE AS A MANDATORY CONDITION OF SUCH SENTENCE
THAT SUCH PERSON PROVIDE A DNA SAMPLE AS REQUIRED BY SECTION NINE
HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW. NOTHING IN THIS SUBDIVISION
S. 6606--A 135 A. 9706--A
SHALL BE CONSTRUED AS PROHIBITING A DNA CONDITION UPON ANY OTHER OFFEN-
DER WHERE AUTHORIZED BY ARTICLE FORTY-NINE-B OF THE EXECUTIVE LAW.
S 4. The penal law is amended by adding a new section 270.40 to read
as follows:
S 270.40 FAILURE TO PROVIDE A DNA SAMPLE.
A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE WHEN HE OR SHE
(A) IS A DESIGNATED OFFENDER, AS DEFINED IN SUBDIVISION SEVEN OF SECTION
NINE HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW, REQUIRED TO PROVIDE A
SAMPLE APPROPRIATE FOR DNA TESTING PURSUANT TO THE PROVISIONS OF SUBDI-
VISION THREE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW;
(B) HAS BEEN NOTIFIED BY A COURT, STATE OR LOCAL CORRECTION OFFICIAL OR
EMPLOYEE, PAROLE OFFICER, PROBATION OFFICER, POLICE OFFICER, PEACE OFFI-
CER OR OTHER PUBLIC SERVANT OF THE OBLIGATION TO PROVIDE SUCH A SAMPLE;
AND (C) UPON REQUEST TO PROVIDE SUCH SAMPLE MADE BY A PUBLIC SERVANT
AUTHORIZED TO COLLECT IT, FAILS TO PROVIDE SUCH A SAMPLE.
FAILURE TO PROVIDE A DNA SAMPLE IS A CLASS A MISDEMEANOR.
S 5. This act shall take effect January 1, 2011; provided, however,
that the amendments to subdivision 7 of section 995 of the executive law
made by section one of this act shall apply to designated offenses
committed on or after such effective date; and provided, further that
the amendments to subdivision 7 of section 995 of the executive law made
by section one of this act relating to a person who is required to
register as a sex offender pursuant to article six-C of the correction
law shall apply to a person registered as a sex offender prior to, on,
or after such effective date.
PART H
Section 1. Section 401 of the vehicle and traffic law is amended by
adding a new subdivision 5-b to read as follows:
5-B. DENIAL OF REGISTRATION OR RENEWAL FOR CERTAIN VIOLATIONS. A. IF
AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THEREOF THERE
IS A NOTIFICATION FROM OR ON BEHALF OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES, OR ANY AGENCY, DIVISION OR AUTHORITY SO DESIGNATED BY SUCH
DIVISION, THAT THE REGISTRANT OR HIS REPRESENTATIVE HAS FAILED TO ANSWER
OR HAS FAILED TO PAY ANY PENALTY IMPOSED BY SUCH DIVISION, AGENCY OR
AUTHORITY FOLLOWING THE ENTRY OF A FINAL DECISION OF LIABILITY IN
RESPONSE TO A TOTAL OF THREE OR MORE NOTICES OF LIABILITY CHARGING THE
REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-
ONE-A OF THIS CHAPTER FOR A VIOLATION OF PARAGRAPH TWO OF SUBDIVISION
(D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
THE COMMISSIONER, OR HIS AGENT, SHALL DENY THE REGISTRATION OR RENEWAL
APPLICATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES THAT IN EACH SUCH INSTANCE, THE REGISTRANT HAS
APPEARED IN RESPONSE TO SUCH NOTICES OF LIABILITY OR HAS PAID SUCH
PENALTIES. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS SECTION, THE
COMMISSIONER MAY, IN HIS OR HER DISCRETION, DENY A REGISTRATION OR
RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE AND MAY
DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER MOTOR VEHICLE
REGISTERED IN THE NAME OF THE APPLICANT WHERE THE COMMISSIONER HAS
DETERMINED THAT SUCH APPLICANT'S INTENT IS TO EVADE THE PURPOSES OF THIS
SUBDIVISION AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE
THAT SUCH REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE
PURPOSES OF THIS SUBDIVISION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT
AS LONG AS THE NOTICES OF LIABILITY REMAIN UNANSWERED OR THE PENALTIES
S. 6606--A 136 A. 9706--A
UNPAID. TERMS DEFINED IN SECTION ELEVEN HUNDRED EIGHTY-ONE-A OF THIS
CHAPTER SHALL BE DEFINED IN THE SAME WAY FOR PURPOSES OF THIS SECTION.
B. ANY NOTICES REQUIRED TO BE SENT TO THE COMMISSIONER PURSUANT TO
THIS SECTION SHALL BE SUBMITTED IN SUCH FORM AND MANNER AS THE COMMIS-
SIONER MAY PRESCRIBE.
S 2. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-f to read as follows:
4-F. SUSPENSION OF REGISTRATION FOR FAILURE TO ANSWER OR PAY PENALTIES
WITH RESPECT TO CERTAIN VIOLATIONS. A. UPON THE RECEIPT OF A NOTIFICA-
TION BY OR ON BEHALF OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, OR
ANY AGENCY, DIVISION OR AUTHORITY SO DESIGNATED BY SUCH DIVISION, THAT
AN OWNER OF A MOTOR VEHICLE HAS FAILED TO ANSWER WITHIN THE REQUIRED
TIME OR HAS FAILED TO PAY ANY PENALTY IMPOSED FOLLOWING THE ENTRY OF A
FINAL DECISION OF LIABILITY BY SUCH DIVISION, AGENCY OR AUTHORITY IN
RESPONSE TO A TOTAL OF SIX OR MORE NOTICES OF LIABILITY CHARGING SUCH
OWNER WITH A VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVI-
SION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-ONE-A OF THIS CHAP-
TER, THE COMMISSIONER, OR HIS OR HER AGENT, SHALL SUSPEND THE REGISTRA-
TION OF THE VEHICLE OR VEHICLES INVOLVED IN THE VIOLATIONS OR THE PRIVI-
LEGE OF OPERATION OF ANY MOTOR VEHICLE OWNED BY THE REGISTRANT. SUCH
SUSPENSION SHALL TAKE EFFECT NO LESS THAN THIRTY DAYS FROM THE DATE ON
WHICH NOTICE THEREOF IS SENT BY THE COMMISSIONER TO THE PERSON WHOSE
REGISTRATION OR PRIVILEGE IS SUSPENDED, AND SHALL REMAIN IN EFFECT UNTIL
SUCH REGISTRANT HAS APPEARED IN RESPONSE TO SUCH NOTICE OF LIABILITY OR
HAS PAID SUCH PENALTY IN EACH SUCH INSTANCE. TERMS DEFINED IN SECTION
ELEVEN HUNDRED EIGHTY-ONE-A OF THIS CHAPTER SHALL BE DEFINED IN THE SAME
WAY FOR PURPOSES OF THIS SECTION.
B. ANY NOTICES REQUIRED TO BE SENT TO THE COMMISSIONER PURSUANT TO
THIS SECTION SHALL BE SUBMITTED IN SUCH FORM AND MANNER AS THE COMMIS-
SIONER MAY PRESCRIBE.
S 3. The vehicle and traffic law is amended by adding a new section
1181-a to read as follows:
S 1181-A. OWNER LIABILITY FOR OPERATION IN EXCESS OF CERTAIN POSTED
SPEED LIMITS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN
ACCORDANCE WITH THIS SECTION, RULES AND REGULATIONS MAY BE PROMULGATED
BY THE DIVISION OF STATE POLICE, THE DIVISION OF CRIMINAL JUSTICE
SERVICES, AND ANY AGENCY, DIVISION OR AUTHORITY SO DESIGNATED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES, TO ESTABLISH A PHOTO-MONITORING
PROGRAM AND TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE THAT
IS OPERATED IN EXCESS OF A MAXIMUM SPEED LIMIT IN VIOLATION OF PARAGRAPH
TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE FOR FAILING TO OBEY POSTED SPEED LIMITS IN WORK
ZONES AND DESIGNATED STRETCHES OF HIGHWAY. THE SUPERINTENDENT OF STATE
POLICE SHALL DETERMINE THE LOCATIONS IN WHICH THE PHOTO-MONITORING
PROGRAM SHALL BE ESTABLISHED IN CONSULTATION WITH THE COMMISSIONER OF
THE DEPARTMENT OF TRANSPORTATION. NO MORE THAN FIFTY OPERATING
PHOTO-MONITORING SYSTEMS SHALL BE IN PLACE AT ANY GIVEN TIME. SIGNS
ALERTING MOTORISTS TO THE PRESENCE OF PHOTO-MONITORING DEVICES SHALL BE
PLACED AT LEAST THREE HUNDRED YARDS IN ADVANCE OF THE LOCATION OF SUCH
DEVICE.
2. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED
PURSUANT TO THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISIONS TEN AND
ELEVEN OF THIS SECTION AND, PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
CLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE
S. 6606--A 137 A. 9706--A
THE OPERATOR OF SUCH VEHICLE HAS BEEN CHARGED WITH A VIOLATION OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE FOR THE SAME INCIDENT.
3. FOR PURPOSES OF THIS SECTION, THE TERM "OWNER" SHALL MEAN ANY
PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR
ORGANIZATION WHO, AT THE TIME OF THE VIOLATION AND WITH RESPECT TO THE
VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY: (A) IS THE BENEFICIAL OR
EQUITABLE OWNER OF SUCH VEHICLE; OR (B) HAS TITLE TO SUCH VEHICLE; OR
(C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
TERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER
STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION AND
INCLUDES (D) A PERSON ENTITLED TO THE USE AND POSSESSION OF A VEHICLE
SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON. FOR PURPOSES OF THIS
SECTION, THE TERM "PHOTO-MONITORING SYSTEM" SHALL MEAN A VEHICLE SPEED
SENSOR THAT AUTOMATICALLY PRODUCES ONE OR MORE PHOTOGRAPHS, ONE OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF VEHICLES TRAV-
ELING AT THE LOCATION OF SUCH DEVICE. FOR PURPOSES OF THIS SECTION, THE
TERM "VEHICLE" SHALL MEAN EVERY DEVICE IN, UPON OR BY WHICH A PERSON OR
PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN UPON A HIGHWAY.
4. A CERTIFICATE, SWORN TO OR AFFIRMED BY AN AGENT OF THE DIVISION,
AGENCY OR AUTHORITY WHICH CHARGED THAT THE VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO-MONITOR-
ING SYSTEM SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN
AND SHALL BE ADMISSIBLE INTO EVIDENCE IN ANY REVIEW OF THE LIABILITY FOR
SUCH VIOLATION.
5. AN OWNER FOUND LIABLE FOR A VIOLATION OF PARAGRAPH TWO OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION SHALL BE LIABLE FOR A MONETARY PENALTY OF FIFTY DOLLARS.
AN OWNER FOUND LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR A MONETARY PENALTY OF ONE HUNDRED DOLLARS.
6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL BE BASED
UPON A PREPONDERANCE OF EVIDENCE AS SUBMITTED. AN IMPOSITION OF LIABIL-
ITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE MOTOR VEHICLE OPERATING
RECORD, FURNISHED PURSUANT TO SECTION THREE HUNDRED FIFTY-FOUR OF THIS
CHAPTER, OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT
BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSUR-
ANCE COVERAGE.
7. (A) A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE, PURSUANT TO THIS SECTION, AS AN OWNER FOR A
VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. SUCH NOTICE SHALL BE
MAILED NO LATER THAN FORTY-FIVE DAYS AFTER THE ALLEGED VIOLATION EXCEPT
AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION. PERSONAL DELIVERY ON THE
OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING
PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE
EVIDENCE OF THE MAILING OF THE NOTICE.
(B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF PARAGRAPH TWO
OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS ARTICLE, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF THE PHOTO-MONITOR-
ING SYSTEM THAT RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
S. 6606--A 138 A. 9706--A
(C) THE NOTICE OF LIABILITY SHALL ALSO CONTAIN INFORMATION ADVISING
THE PERSON CHARGED OF THE MANNER AND TIME IN WHICH SUCH PERSON MAY
REQUEST A COPY OF THE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES PRODUCED BY A PHOTO-MONITORING SYSTEM AND THE CERTIF-
ICATE THAT CHARGED THAT THE VIOLATION OCCURRED. SUCH REQUEST SHALL BE
SUBMITTED WITHIN FORTY-FIVE DAYS OF MAILING OF THE NOTICE OF LIABILITY.
(D) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY CHAL-
LENGE THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE
TO ANSWER OR CHALLENGE IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED AS
A FINAL DECISION OF LIABILITY THEREON.
(E) FAILURE TO ANSWER A NOTICE OF LIABILITY WITHIN FORTY-FIVE DAYS OF
MAILING OF THE NOTICE SHALL RESULT IN THE ENTRY OF A DEFAULT JUDGMENT
AND THE IMMEDIATE CONVERSION OF THE NOTICE OF LIABILITY INTO A FINAL
DECISION OF LIABILITY AGAINST THE OWNER.
8. REVIEW OF A CHALLENGE TO THE LIABILITY IMPOSED UPON OWNERS BY THIS
SECTION SHALL BE CONDUCTED BY A LIABILITY REVIEW EXAMINER. LIABILITY
REVIEW EXAMINERS SHALL BE APPOINTED BY THE COMMISSIONER OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES AND SHALL BE EMPLOYEES OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES. THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES MAY APPOINT AS MANY LIABILITY REVIEW EXAMINERS AS ARE
NEEDED FOR REVIEW OF CHALLENGES TO LIABILITY PURSUANT TO THIS SECTION,
WITHIN AMOUNTS APPROPRIATED THEREFOR. WRITTEN CHALLENGES TO LIABILITY
SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES BY
OWNERS WITHIN FORTY-FIVE DAYS OF MAILING OF THE NOTICE OF LIABILITY OR
WITHIN FORTY-FIVE DAYS OF MAILING OF THE PHOTOGRAPHS, MICROPHOTOGRAPHS,
VIDEOTAPE OR OTHER RECORDED IMAGES AND THE CERTIFICATE, WHICHEVER IS
LATER. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE REVIEW OF CHAL-
LENGES TO LIABILITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION WHICH
SHALL, AT A MINIMUM, REQUIRE A LIABILITY REVIEW EXAMINER TO INSPECT THE
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
PRODUCED BY A PHOTO-MONITORING SYSTEM AND THE CERTIFICATE, OR ANY OTHER
WRITTEN INFORMATION THE EXAMINER DEEMS RELEVANT, REVIEW THE OWNER'S
WRITTEN CHALLENGE TO LIABILITY AND THE ACCURACY OF THE INFORMATION
ALLEGED IN THE NOTICE OF LIABILITY, AND ISSUE A FINAL DECISION OF
LIABILITY WITHIN THIRTY DAYS OF RECEIPT OF THE CHALLENGE.
9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE
DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
ALLEGATION OF LIABILITY FOR A VIOLATION OF PARAGRAPH TWO OF SUBDIVISION
(D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
THAT PRIOR TO THE TIME OF THE VIOLATION, THE VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN, AND THAT IT HAD NOT BEEN RECOVERED BY SUCH
TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE DIVISION HAVING JURIS-
DICTION.
10. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL NOT
BE LIABLE FOR THE VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR
SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PROVIDED THAT HE OR SHE SENDS TO THE DIVISION SERVING THE NOTICE OF
LIABILITY A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
S. 6606--A 139 A. 9706--A
COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND
ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY DAYS AFTER RECEIV-
ING THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION
WITHIN SUCH THIRTY DAY TIME PERIOD SHALL RENDER THE LESSOR LIABLE FOR
THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH
THE PROVISIONS OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE
DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE
FOR PURPOSES OF THIS SECTION AND SHALL BE SUBJECT TO LIABILITY FOR THE
VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT THE DIVI-
SION MAILS A NOTICE OF LIABILITY TO THE LESSEE WITHIN THIRTY DAYS AFTER
RECEIVING SUCH NOTICE FROM THE LESSOR. FOR PURPOSES OF THIS SUBDIVISION
THE TERM "LESSOR" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
AGENCY, ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING
OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE WHEREIN THE SAID LESSEE HAS THE USE OF SAID VEHICLE FOR ANY
PERIOD OF TIME. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "LESSEE"
SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, ASSOCI-
ATION OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR THE USE OF ONE
OR MORE VEHICLES AND HAS USE THEREOF FOR ANY PERIOD OF TIME.
11. EXCEPT AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION, IF A PERSON
RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF PARAGRAPH
TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE THAT THE INDIVIDUAL WHO RECEIVED THE NOTICE OF
LIABILITY PURSUANT TO THIS SECTION WAS NOT AN OWNER OF THE VEHICLE AT
THE TIME THE VIOLATION OCCURRED OR THAT THE VEHICLE WAS USED WITHOUT THE
OWNER'S EXPRESS OR IMPLIED PERMISSION. IF THE OWNER LIABLE FOR A
VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
12. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF ANY PROVISION OF LAW.
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED PURSUANT
TO THIS SECTION SHALL BE FOR THE USE OF GOVERNMENTAL AGENCIES OR AUTHOR-
ITIES IN THE DISCHARGE OF THEIR DUTIES AND SHALL NOT BE MADE AVAILABLE
TO THE PUBLIC EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS SECTION.
S 4. This act shall take effect immediately.
PART I
Section 1. Subdivision 1 of section 259-b of the executive law, as
amended by chapter 123 of the laws of 1987, is amended to read as
follows:
1. There shall be in the state division of parole a state board of
parole which shall possess the powers and duties hereinafter specified.
Such board shall consist of not more than [nineteen] THIRTEEN members
appointed by the governor with the advice and consent of the senate. The
term of office of each member of such board shall be for [six] FIVE
years; provided, however, that any member chosen to fill a vacancy
occurring otherwise than by expiration of term shall be appointed for
the remainder of the unexpired term of the member whom he is to succeed.
In the event of the inability to act of any member, the governor may
S. 6606--A 140 A. 9706--A
appoint some competent informed person to act in his stead during the
continuance of such disability.
S 2. This act shall take effect immediately; provided that (a) for all
current members of the state board of parole that have served five years
or more of their current term of office, their term of office shall
expire on the effective date of this act, and (b) all other current
members of the state board of parole shall serve no more than five years
of their current term provided that such members of the state board of
parole shall continue to discharge their duties after the expiration of
their term until a successor is chosen and confirmed.
PART J
Section 1. Subdivisions 4 and 13 of section 500-b of the correction
law, subdivision 4 as added by chapter 907 of the laws of 1984 and
subdivision 13 as amended by chapter 574 of the laws of 1985, are
amended to read as follows:
4. (A) No person under nineteen years of age shall be placed or kept
or allowed to be at any time with any prisoner or prisoners [nineteen]
TWENTY-TWO years of age or older, in any room, dormitory, cell or tier
of the buildings of such institution unless separately grouped to
prevent access to persons under nineteen years of age by prisoners
[nineteen] TWENTY-TWO years of age or older.
(B) PERSONS NINETEEN, TWENTY OR TWENTY-ONE YEARS OF AGE MAY, AT THE
DISCRETION OF THE CHIEF ADMINISTRATIVE OFFICER, BE PLACED OR KEPT EITHER
WITH PERSONS UNDER NINETEEN YEARS OF AGE OR WITH PERSONS OVER TWENTY-TWO
YEARS OF AGE, PROVIDED HOWEVER THAT IN MAKING THE DECISION ON WHERE TO
HOUSE SUCH NINETEEN, TWENTY OR TWENTY-ONE YEAR OLD PERSONS, THE CHIEF
ADMINISTRATIVE OFFICER SHALL CONSIDER ALL OF THE FACTORS SET FORTH IN
PARAGRAPH (A) OF SUBDIVISION SEVEN OF THIS SECTION.
13. Where in the opinion of the chief administrative officer an emer-
gency overcrowding condition exists in a local correctional facility
caused in part by the [prohibition against the commingling of persons
under nineteen years of age with persons nineteen years of age or older
or the commingling of persons nineteen years of age or older with
persons under nineteen years of age] RESTRICTIONS UPON COMMINGLING OF
CATEGORIES OF PERSONS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, the
chief administrative officer may apply to the commission for permission
to commingle the aforementioned categories of inmates for a period not
to exceed thirty days as provided herein. The commission shall acknowl-
edge to the chief administrative officer the receipt of such application
upon its receipt. The chief administrative officer shall be permitted
to commingle such inmates upon acknowledgment of receipt of the applica-
tion by the commission. The commission shall assess the application
within seven days of receipt. The commission shall deny any such appli-
cation and shall prohibit the continued commingling of such inmates
where it has found that the local correctional facility does not meet
the criteria set forth in this subdivision and further is in substantial
noncompliance with minimum staffing requirements as provided in commis-
sion rules and regulations. In addition, the commission shall determine
whether the commingling of such inmates presents a danger to the health,
safety or welfare of any such inmate. If no such danger exists the chief
administrative officer may continue the commingling until the expiration
of the aforementioned thirty day period or until such time as he deter-
mines that the overcrowding which necessitated the commingling no longer
exists, whichever occurs first. In the event the commission determines
S. 6606--A 141 A. 9706--A
that such danger exists, it shall immediately notify the chief adminis-
trative officer, and the commingling of such inmates shall cease. Such
notification shall include specific measures which should be undertaken
by the chief administrative officer, to correct such dangers. The chief
administrative officer may correct such dangers and reapply to the
commission for permission to commingle; however, no commingling may take
place until such time as the commission certifies that the facility is
now in compliance with the measures set forth in the notification under
this subdivision. When such certification has been received by the chief
administrative officer, the commingling may continue for thirty days,
less any time during which the chief administrative officer commingled
such inmates following his application to the commission, or until such
time as he determines that the overcrowding which necessitated the
commingling no longer exists, whichever occurs first. The chief adminis-
trative officer may apply for permission to commingle such inmates for
up to two additional thirty day periods, in conformity with the
provisions and the requirements of this subdivision, in a given calendar
year. For the period ending December thirtieth, nineteen hundred eight-
y-four, a locality may not apply for more than one thirty day commin-
gling period.
S 2. Subdivisions 1 and 2 of section 182.20 of the criminal procedure
law, subdivision 1 as amended by chapter 332 of the laws of 2009 and
subdivision 2 as added by chapter 689 of the laws of 1993, are amended
to read as follows:
1. Notwithstanding any other provision of law and except as provided
in section 182.30 of this article, the court, in its discretion, may
dispense with the personal appearance of the defendant, except an
appearance at a hearing or trial, and conduct an electronic appearance
in connection with a criminal action [pending in Albany, Bronx, Broome,
Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-
gus, Clinton, Essex, Montgomery, Rensselaer, Warren, Westchester,
Suffolk, Herkimer or Franklin county], provided that the chief adminis-
trator of the courts has authorized the use of electronic appearance
[and the defendant, after consultation with counsel, consents on the
record. Such consent shall be required at the commencement of each elec-
tronic appearance to such electronic appearance].
2. If, for any reason, the court determines on its own motion or on
the motion of any party that the conduct of an electronic appearance may
impair the legal rights of the defendant, it shall not permit the elec-
tronic appearance to proceed. If[, for any other articulated reason,
either party requests at any time during the electronic appearance that
such appearance be terminated] THE COURT COMMENCES AND THEN TERMINATES
AN ELECTRONIC APPEARANCE, the court shall [grant such request and]
adjourn the proceeding to a date certain. Upon the adjourned date the
proceeding shall be recommenced from the point at which [the request for
termination of] the electronic appearance [had been granted] WAS TERMI-
NATED.
S 3. Subdivisions 6 and 12 of section 500-b of the correction law, as
added by chapter 907 of the laws of 1984, are amended to read as
follows:
6. The commission shall promulgate rules and regulations in accordance
with subdivisions seven and eight of this section to assure that persons
in custody in local correctional facilities will be afforded appropriate
precautions for their personal safety and welfare in assignment to hous-
ing, INCLUDING CARE OR TREATMENT IN A FACILITY OPERATED INFIRMARY.
S. 6606--A 142 A. 9706--A
12. (A) The provisions of this section shall govern only the assign-
ment of persons to facility housing units and shall not be construed to
prohibit the commingling of persons during their participation in any
facility program or activity, including meals and visitations.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL NOT BE
PROHIBITED TO HOUSE MEN AND WOMEN RECEIVING CARE OR TREATMENT IN A
FACILITY OPERATED INFIRMARY, PROVIDED THAT PROPER SEPARATION IS MAIN-
TAINED ACCORDING TO RULES AND REGULATIONS THAT SHALL BE PROMULGATED BY
THE COMMISSION.
S 4. Subdivision 2-a of section 72 of the correction law, as added by
chapter 268 of the laws of 1973, is amended to read as follows:
2-a. The commissioner, superintendent, or director of an institution
in which an inmate is confined, may permit an inmate, wishing to do so,
to leave the institution under guard for the purpose of performing
volunteer labor or services when in the public interest upon the threat
or occurrence of a natural disaster, including but not limited to flood,
earthquake, hurricane, landslide or fire. AN INMATE MAY ALSO BE PERMIT-
TED TO LEAVE THE INSTITUTION UNDER GUARD TO VOLUNTARILY PERFORM WORK FOR
A NONPROFIT ORGANIZATION PURSUANT TO THIS SUBDIVISION. AS USED IN THIS
SUBDIVISION, THE TERM "NONPROFIT ORGANIZATION" MEANS AN ORGANIZATION
OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES,
NO PART OF THE NET EARNINGS OF WHICH INURES TO THE BENEFIT OF ANY
PRIVATE SHAREHOLDER OR INDIVIDUAL.
S 5. Section 170 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN INMATE MAY BE
PERMITTED TO LEAVE THE INSTITUTION UNDER GUARD TO VOLUNTARILY PERFORM
WORK FOR A NONPROFIT ORGANIZATION. AS USED IN THIS SECTION, THE TERM
"NONPROFIT ORGANIZATION" MEANS AN ORGANIZATION OPERATED EXCLUSIVELY FOR
RELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES, NO PART OF THE NET EARN-
INGS OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDI-
VIDUAL.
S 6. Subdivision 6 of section 177 of the correction law, as renumbered
by section 1 of part K of chapter 56 of the laws of 2009, is renumbered
subdivision 7 and a new subdivision 6 is added to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN INMATE MAY BE
PERMITTED TO LEAVE THE INSTITUTION UNDER GUARD TO VOLUNTARILY PERFORM
WORK FOR A NONPROFIT ORGANIZATION. AS USED IN THIS SECTION, THE TERM
"NONPROFIT ORGANIZATION" MEANS AN ORGANIZATION OPERATED EXCLUSIVELY FOR
RELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES, NO PART OF THE NET EARN-
INGS OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDI-
VIDUAL.
S 7. Section 500-d of the correction law, as amended by chapter 403 of
the laws of 1986, is amended to read as follows:
S 500-d. Food and labor. (1) Prisoners detained for trial, and those
under sentence, shall be provided with a sufficient quantity of plain
but wholesome food, at the expense of the county; such foods shall be
purchased in the manner and subject to the regulations provided in
section four hundred eight of the county law; but prisoners detained for
trial may, at their own expense, and under the direction of the keeper,
be supplied with any other proper articles of food.
(2) Such keeper shall cause each prisoner committed to his jail for
imprisonment under sentence, to be constantly employed at hard labor
when practicable, during every day, except Sunday but the Sunday excep-
tion shall not apply where a prisoner under sentence of intermittent
imprisonment serves less than the five preceding days in the jail and
S. 6606--A 143 A. 9706--A
the keeper has adopted an employment program designed especially for
intermittent imprisonment, and the board of supervisors of the county,
or judge of the county, may prescribe the kind of labor at which such
prisoner shall be employed; and the keeper shall account, at least annu-
ally, with the board of supervisors of the county, for the proceeds of
such labor.
(3) Such keeper may, with the consent of the board of supervisors of
the county, or the county judge, from time to time, cause such of the
convicts under his charge as are capable of hard labor, to be employed
outside of the jail in the same, or in an adjoining county, upon such
terms as may be agreed upon between the keepers and the officers, or
persons, under whose direction such convicts shall be placed, subject to
such regulations as the board or judge may prescribe; and the board of
supervisors of the several counties are authorized to employ convicts
under sentence to confinement in the county jails, in building and
repairing penal institutions of the county and in building and repairing
the highways in their respective counties or in preparing the materials
for such highways for sale to and for the use of the state, counties,
towns, villages or cities, and in cutting wood and performing other work
which is commonly carried on at a prison camp, and to make rules and
regulations for their employment; and the said board of supervisors are
hereby authorized to cause money to be raised by taxation for the
purpose of furnishing materials and carrying this provision into effect;
and the courts of this state are hereby authorized to sentence convicts
committed to detention in the county jails to such hard labor as may be
provided for them by the boards of supervisors. This section as amended
shall not affect a county wholly included within a city. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, AN INMATE MAY BE PERMITTED TO LEAVE THE
INSTITUTION UNDER GUARD TO VOLUNTARILY PERFORM WORK FOR A NONPROFIT
ORGANIZATION PURSUANT TO THIS SUBDIVISION. AS USED IN THIS SECTION, THE
TERM "NONPROFIT ORGANIZATION" MEANS AN ORGANIZATION OPERATED EXCLUSIVELY
FOR RELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES, NO PART OF THE NET
EARNINGS OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR
INDIVIDUAL.
S 8. This act shall take effect immediately, provided however that:
(a) the amendments to section 500-b of the correction law made by
sections one and three of this act shall not affect the repeal of such
section and shall be deemed to be repealed therewith; and
(b) the amendments to section 182.20 of the criminal procedure law
made by section two of this act shall not affect the repeal of such
section and shall be deemed to be repealed therewith; and
(c) section three of this act shall take effect upon promulgation of
rules and regulations by the commission of correction as provided for in
such section three; provided that the chairman of the commission of
correction shall notify the legislative bill drafting commission upon
the occurrence of the promulgation of the rules and regulations as
provided for in section three of this act in order that the commission
may maintain an accurate and timely effective database 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.
PART K
S. 6606--A 144 A. 9706--A
Section 1. Paragraph (e) of subdivision 2 of section 39 of the judici-
ary law, as amended by section 22 of part J of chapter 62 of the laws of
2003, is amended to read as follows:
(e) All fees collected pursuant to sections eighteen hundred three,
eighteen hundred three-A and nineteen hundred eleven of the New York
city civil court act, all fees collected pursuant to state law by the
county clerks in the city of New York, except as otherwise provided
herein with respect to fees collected pursuant to subdivision (a) of
section eight thousand eighteen of the civil practice law and rules and
except those fees collected by the clerk of Richmond county which in the
other counties of the city of New York are collected by the city regis-
ters, all fees collected pursuant to section eight thousand eighteen of
the civil practice law and rules except only to the extent of [one
hundred sixty-five] TWO HUNDRED FIFTEEN dollars of any fee collected
pursuant to subdivision (a) of such section and except for those
collected pursuant to paragraph three of such subdivision (a), all fees
collected pursuant to section eight thousand twenty of the civil prac-
tice law and rules except for those collected pursuant to subdivisions
(f), (g) and (h) of said section, all fees collected pursuant to section
eight thousand twenty-two of the civil practice law and rules, all fees
collected pursuant to section twenty-four hundred two of the surrogate's
court procedure act, all fees collected pursuant to section eighteen
hundred three, eighteen hundred three-A and subdivision (a) of section
nineteen hundred eleven of the uniform district court act, all fees
collected pursuant to section eighteen hundred three, eighteen hundred
three-A and subdivision (a) of section nineteen hundred eleven of the
uniform city court act and all fines, penalties and forfeitures
collected pursuant to subdivision eight of section eighteen hundred
three of the vehicle and traffic law, except such fines, penalties and
forfeitures collected by the Nassau county traffic and parking
violations agency, section 71-0211 of the environmental conservation
law, section two hundred one of the navigation law and subdivision one
of section 27.13 of the parks, recreation and historic preservation law
shall be paid to the state commissioner of taxation and finance on a
monthly basis no later than ten days after the last day of each month.
The additional fee of five dollars collected by county clerks in New
York city pursuant to paragraph three of subdivision (a) of section
eight thousand eighteen of the civil practice law and rules shall be
distributed monthly by the county clerks as follows: four dollars and
seventy-five cents to the commissioner of education for deposit into the
local government records management improvement funds; and twenty-five
cents to the city of New York.
S 2. Paragraph 1 of subdivision (a) of section 8018 of the civil prac-
tice law and rules, as amended by section 23 of part J of chapter 62 of
the laws of 2003, is amended to read as follows:
1. A county clerk is entitled, for the assignment of an index number
to an action pending in a court of which he or she is clerk, to a fee of
[one hundred ninety] TWO HUNDRED FORTY dollars, payable in advance.
S 3. Subdivision (a) of section 8020 of the civil practice law and
rules, as amended by section 25 of part J of chapter 62 of the laws of
2003, is amended to read as follows:
(a) Placing cause on calendar. For placing a cause on a calendar for
trial or inquest, one hundred twenty-five dollars in the supreme court
and county court; except that where rules of the chief administrator of
the courts require that a request for judicial intervention be made in
an action pending in supreme court or county court, the county clerk
S. 6606--A 145 A. 9706--A
shall be entitled to a fee of ninety-five dollars, payable before a
judge may be assigned pursuant to such request, and thereafter, for
placing such a cause on a calendar for trial or inquest, the county
clerk shall be entitled to an additional fee of thirty dollars, and no
other fee may be charged thereafter pursuant to this subdivision; except
that the county clerk shall be entitled to a fee of [forty-five] ONE
HUNDRED TWENTY dollars upon the filing of each motion or cross motion in
such action. However, no fee shall be imposed for a motion which seeks
leave to proceed as a poor person pursuant to subdivision (a) of section
eleven hundred one of this chapter.
S 4. Subdivision (b) of section 8022 of the civil practice law and
rules, as amended by section 6 of part B of chapter 686 of the laws of
2003, is amended to read as follows:
(b) The clerks of the appellate divisions of the supreme court and the
clerk of the court of appeals are entitled, upon the filing of a record
on a civil appeal or a statement in lieu of record on a civil appeal, as
required by rule 5530 of this chapter, to a fee of three hundred fifteen
dollars, payable in advance. The clerks of the appellate divisions also
shall be entitled to such fee upon the filing of a notice of petition or
order to show cause commencing a special proceeding in their respective
courts. In addition, the clerks of the appellate divisions of the
supreme court and the clerk of the court of appeals are entitled, upon
the filing of each motion or cross motion with respect to a civil appeal
or special proceeding, to a fee of [forty-five] ONE HUNDRED TWENTY
dollars, payable in advance. However, no fee shall be imposed for a
motion or cross motion which seeks leave to prosecute or defend a civil
appeal or special proceeding as a poor person pursuant to subdivision
(a) of section eleven hundred one of this chapter.
S 5. Paragraph 2 of subdivision (a) of section 1911 of the uniform
district court act, as amended by section 33 of part J of chapter 62 of
the laws of 2003, is amended to read as follows:
(2) Upon filing the first paper in an action or proceeding, including
a special proceeding for the settlement of a claim of an infant or
incompetent, [forty-five] SIXTY dollars, unless there has been paid a
fee of forty-five dollars for the issuance of a summons, order of arrest
or attachment, requisition or warrant of seizure, or a notice of
petition or order to show cause in lieu thereof in a summary proceeding,
as provided for by [subparagraph (1) hereof] PARAGRAPH (1) OF THIS
SUBDIVISION.
S 6. Paragraph 1 of subdivision (a) of section 1911 of the uniform
city court act, as amended by section 5 of part B of chapter 686 of the
laws of 2003, is amended to read as follows:
(1) Upon the filing of the first paper in any action or proceeding,
[forty-five] SIXTY dollars, unless there has already been paid a fee of
forty-five dollars as provided for by paragraph (11) [hereof] OF THIS
SUBDIVISION.
S 7. Subdivision (b) of section 1911 of the New York city civil court
act, as amended by section 36 of part J of chapter 62 of the laws of
2003, is amended to read as follows:
(b) Upon filing summons with proof of service thereof, or upon filing
of the first paper in that county in any action or proceeding,
[forty-five] SIXTY dollars, unless there has been paid in that county a
fee of forty-five dollars pursuant to subdivision (a) [hereof] OF THIS
SECTION.
S 8. This act shall take effect July 1, 2010.
S. 6606--A 146 A. 9706--A
PART L
Section 1. Subdivision 1 of section 106 of the uniform justice court
act, as amended by chapter 499 of the laws of 1977, is amended to read
as follows:
1. A justice may hold court anywhere in the municipality including in
the case of a town justice anywhere within a village wholly or partly
contained within the town of which he is a justice regardless of whether
or not said village has a village court and in the event two or more
contiguous villages maintain offices in the same building, a village
justice of any such village may hold court in such building, notwith-
standing that the building is outside the boundaries of such village. A
town justice may hold court in an adjacent town providing such justice
has been elected or holds office pursuant to a plan established by
resolution which was adopted pursuant to the provisions of section one
hundred six-a of this [chapter] ARTICLE OR THE PROVISIONS OF SECTION ONE
HUNDRED SIX-B OF THIS ARTICLE. A JUSTICE MAY HOLD COURT IN ONE OR MORE
MUNICIPALITIES THAT FORM A CONTIGUOUS GEOGRAPHIC AREA, INCLUDING IN A
TOWN AND ONE OR MORE VILLAGES EACH OF WHICH IS WHOLLY OR PARTLY
CONTAINED WITHIN SUCH TOWN, WITHIN THE SAME COUNTY PROVIDING THERE IS AN
AGREEMENT BETWEEN SUCH MUNICIPALITIES PURSUANT TO ARTICLE FIVE-G OF THE
GENERAL MUNICIPAL LAW TO HOLD ALL COURT PROCEEDINGS IN ANY OF THE SUCH
MUNICIPALITIES IN A COURTROOM OR OTHER SUITABLE FACILITY OPEN TO THE
PUBLIC.
S 2. Subdivision 1 of section 106-a of the uniform justice court act,
as amended by chapter 237 of the laws of 2007, is amended to read as
follows:
1. The town boards of two or more towns that form a contiguous
geographic area within the same county are hereby authorized to estab-
lish a single town court to be comprised of town justices to be elected
from each of such towns in the same manner and for the same terms as
town justices are so elected except that [such terms shall not expire
during the same year] THE NUMBER OF SUCH TERMS EXPIRING IN ANY ONE YEAR
MAY NOT EXCEED BY MORE THAN ONE THE NUMBER OF TERMS EXPIRING IN ANY
OTHER YEAR IN WHICH TERMS EXPIRE. The procedure to establish such
single court may be initiated by the town board or may be initiated by
petition. In the event the procedure is initiated by petition, the peti-
tion shall be addressed to each town board and shall be signed by at
least twenty percent of the registered voters in such towns.
S 3. Subdivision 3 of section 106-a of the uniform justice court act,
as amended by chapter 237 of the laws of 2007, is amended to read as
follows:
3. Such petition shall be filed in the office of the town clerk of one
of such towns and a certified copy shall be filed in the office of the
town clerk of the other town OR TOWNS.
S 4. Subdivision 8 of section 106-a of the uniform justice court act,
as amended by chapter 237 of the laws of 2007, is amended to read as
follows:
8. In the event that each respective town board approves such resol-
ution or petition, such boards shall prepare a joint resolution which
shall provide that the office of one justice in each town shall be abol-
ished and that the remaining justice in each town shall have jurisdic-
tion in each town to the same extent as if each such justice was elected
in each town. Such joint resolution shall provide for the election of AT
LEAST one town justice every two years BUT IN NO CASE SHALL THE NUMBER
OF TERMS EXPIRING IN ANY ONE YEAR EXCEED BY MORE THAN ONE THE NUMBER OF
S. 6606--A 147 A. 9706--A
TERMS EXPIRING IN ANY OTHER YEAR IN WHICH TERMS EXPIRE, and shall iden-
tify each justice whose office shall be abolished, and shall identify
each justice whose office shall be continued [to so provide for the
election of one justice every two years].
S 5. Subdivision 9 of section 106-a of the uniform justice court act,
as amended by chapter 237 of the laws of 2007, is amended to read as
follows:
9. In the event no agreement can be reached as to which offices shall
be abolished, the [office] OFFICES to be [first] abolished by such
resolution shall be chosen from each of the offices of town justice by
lot. [In the event it is determined by lot that the office of justice to
be first abolished is an office, the term of which will expire in more
than two years, such office shall be abolished as provided in such
resolution. The office of town justice that shall also then be abolished
in the other town shall be that office which would have expired in less
than two years. In the event it is determined by lot that the office of
town justice to be abolished is an office, the term of which will expire
in less than two years, such office shall be abolished as provided in
such resolution. The office of town justice that shall also be abol-
ished in any town shall be that office which would have expired in more
than two years] HOWEVER IN NO CASE SHALL AN OFFICE BE CHOSEN BY LOT TO
BE ABOLISHED THAT WOULD CAUSE THE REMAINING OFFICES TO VIOLATE THE
REQUIREMENTS OF SUBDIVISION EIGHT OF THIS SECTION.
S 6. Subdivision 11 of section 106-a of the uniform justice court act,
as added by chapter 499 of the laws of 1977, is amended to read as
follows:
11. If such resolution is approved by a majority of the qualified
persons voting thereon in each town such resolution shall be deemed to
be adopted and the plan to establish a single town court shall be imple-
mented in the manner provided in such resolution. If such resolution is
disapproved by a majority of the qualified persons voting thereon in one
[town] or [in both] MORE towns, such resolution shall be defeated and no
further action shall be taken to implement such plan.
S 7. Subdivision 12 of section 106-a of the uniform justice court act,
as added by chapter 499 of the laws of 1977, is amended to read as
follows:
12. Any town justice continuing in office pursuant to such plan and
any town justice hereafter elected pursuant to the plan established in
such resolution shall have jurisdiction in each [adjacent] town IN THE
CONTIGUOUS GEOGRAPHIC AREA to the same extent and effect as if such town
justice were elected in each such town.
S 8. This act shall take effect April 1, 2010.
PART M
Section 1. 1. Mandates. As used in this section, "mandate" means any
rule or regulation issued by the chief judge of the court of appeals or
the chief administrative judge that creates a new program or requires a
higher level of service for an existing program that a local government
is required to provide.
2. Impact of local mandates. (a) There shall be no new mandates
imposed on a local government without a public accounting of the
expected impact on such local government, which public accounting shall
include the fiscal impacts of such mandate, a cost-benefit analysis,
documentation of input sought and received from the affected local
government, and proposed sources of revenue to fund such mandate.
S. 6606--A 148 A. 9706--A
(b) Notwithstanding paragraph (a) of this subdivision, such a mandate
may be imposed without such accounting if such mandate is necessary to
protect against an urgent threat to public health or safety, provided
that such accounting shall be completed promptly thereafter.
S 2. This act shall take effect immediately.
PART N
Section 1. Section 2431 of the public authorities law is amended by
adding a new closing paragraph to read as follows:
IT IS FURTHER DECLARED TO BE IN THE PUBLIC INTEREST AND IT IS THE
POLICY OF THE STATE TO PROVIDE A MEANS BY WHICH STATE AND LOCAL FIRST-
RESPONDER PUBLIC SAFETY AGENCIES CAN ESTABLISH REGIONAL COMMUNICATIONS
CAPABILITIES, INTENDED TO SERVE AS A PART OF A STATEWIDE INTEROPERABLE
NETWORK, AND TO DO SO BY AUTHORIZING A STATE INSTRUMENTALITY TO BORROW
MONEY AND USE THE PROCEEDS TO PURCHASE OBLIGATIONS ISSUED BY A MUNICI-
PALITY OR ENTER INTO SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING
AGREEMENTS WITH A MUNICIPALITY TO FUND THESE COMMUNICATIONS CAPABILI-
TIES, THEREBY RESULTING IN SAVINGS FOR TAXPAYERS.
S 2. Subdivisions 2, 3 and 10 of section 2432 of the public authori-
ties law, as amended by section 2 of part E of chapter 494 of the laws
of 2009, are amended, subdivisions 25 and 26 are renumbered subdivisions
26 and 27 and three new subdivisions 25, 28 and 29 are added to read as
follows:
(2) "Bonds" and "Notes". The bonds and notes, including any special
program bonds, special school purpose bonds, [and] recovery act bonds,
AND PUBLIC SAFETY COMMUNICATIONS BONDS respectively issued by the agency
pursuant to this title. Bonds and notes shall not include any tax lien
collateralized securities issued pursuant to this title.
(3) "Municipal Bond". A bond or note or evidence of debt payable from
any local revenues, including taxes, assessments and rents, which a
municipality may lawfully issue to finance local improvements and public
purposes, including local ARRA bonds AND LOCAL PUBLIC SAFETY COMMUNI-
CATIONS BONDS, but does not include (a) any bond or note or evidence of
debt issued by any other state or any public body or municipal corpo-
ration thereof, (b) any special program agreement, or (c) any special
school purpose agreement or any special school deficit program agree-
ment.
(10) "Debt Service Reserve Fund Requirement". With respect to any debt
service reserve fund created by section twenty-four hundred thirty-nine
of this title relating to bonds other than special program bonds or
special school purpose bonds or special school deficit program bonds or
recovery act bonds OR PUBLIC SAFETY COMMUNICATIONS BONDS, as of any
particular date of computation, an amount of money equal to the greatest
of the respective amounts, for the then current or any succeeding calen-
dar year, of annual debt service payments required to be made to the
agency on all municipal bonds purchased with the proceeds of bonds which
bonds are secured by such debt service reserve fund, such annual debt
service payments for any calendar year being an amount of money equal to
the aggregate of (a) all interest payable during such calendar year on
all municipal bonds purchased by the agency and then outstanding on said
date of computation which are secured by such debt service reserve fund,
plus (b) the principal amount of all municipal bonds purchased by the
agency and then outstanding on said date of computation which mature
during such calendar year and are secured by such debt service reserve
fund; and with respect to any debt service reserve fund created by
S. 6606--A 149 A. 9706--A
section twenty-four hundred thirty-nine of this title relating to an
issue or issues of special program bonds or special school purpose bonds
or special school deficit program bonds or recovery act bonds OR PUBLIC
SAFETY COMMUNICATIONS BONDS, such amount as shall be determined by the
agency.
(25) "PUBLIC SAFETY COMMUNICATIONS BONDS". BONDS OF THE AGENCY, ALL OR
A PORTION OF THE PROCEEDS OF WHICH ARE USED TO PURCHASE A LOCAL PUBLIC
SAFETY COMMUNICATION BOND OR ENTER INTO A SPECIAL PUBLIC SAFETY COMMUNI-
CATIONS FINANCING AGREEMENT, PAYABLE, IN EACH CASE, FROM SUCH FUNDS AS
SHALL BE PROVIDED THEREFOR. THE AMOUNT OF SUCH BONDS ISSUED BY THE AGEN-
CY SHALL NOT EXCEED ONE BILLION DOLLARS.
(28) "LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS". A MUNICIPAL BOND
ISSUED TO FINANCE OR FUND ALL OR A PORTION OF THE COSTS OF BUILDING
REGIONAL, INTEROPERABLE PUBLIC COMMUNICATIONS NETWORKS FOR STATEWIDE USE
BY FIRST-RESPONDER AGENCIES IN THE STATE, INCLUDING EQUIPMENT AND INCI-
DENTAL COSTS. LOCAL PUBLIC SAFETY COMMUNICATION BONDS MAY ALSO BE
ISSUED TO REFINANCE OUTSTANDING BONDS ISSUED BY MUNICIPALITIES FOR THE
PURPOSES DESCRIBED HEREIN PROVIDED THAT PRESENT VALUE SAVINGS ARE REAL-
IZED FROM SUCH A REFUNDING.
(29) "SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENT". AN
AGREEMENT BETWEEN THE AGENCY AND A MUNICIPALITY ENTERED INTO PURSUANT TO
SECTION TWENTY-FOUR HUNDRED THIRTY-FIVE-F OF THIS TITLE.
S 3. Subdivisions 11 and 18 of section 2434 of the public authorities
law, as amended by section 68 of part H of chapter 83 of the laws of
2002, are amended and a new subdivision 7-c is added to read as follows:
(7-C) TO ACQUIRE AND CONTRACT TO ACQUIRE, AND TO ENTER INTO ARRANGE-
MENTS WITH A MUNICIPALITY FOR THE PURCHASE OF ITS LOCAL PUBLIC SAFETY
COMMUNICATIONS BONDS.
(11) To make and execute contracts for the servicing of municipal
bonds acquired by the agency pursuant to this title, and for the servic-
ing of special program agreements, special school purpose agreements
[and], special school deficit program agreements, AND SPECIAL PUBLIC
SAFETY COMMUNICATIONS FINANCING AGREEMENTS, and to pay the reasonable
value of services rendered to the agency pursuant to those contracts;
(18) To establish any terms and provisions with respect to any special
program agreement, special school purpose agreement [or], special school
deficit program agreement OR SPECIAL PUBLIC SAFETY COMMUNICATIONS
FINANCING AGREEMENT, including any terms for payment, and any other
matters which are necessary, desirable or advisable in the judgment of
the agency;
S 4. Subdivisions 1 and 2 of section 2435 of the public authorities
law, as amended by section 4 of part E of chapter 494 of the laws of
2009, are amended to read as follows:
1. The agency may purchase, and contract to purchase, municipal bonds
from municipalities at such price or prices, upon such terms and condi-
tions and in such manner, not inconsistent with the provisions of the
local finance law, as the agency shall deem advisable; provided, howev-
er, that the average interest rate payable on all municipal bonds (taken
as a group) purchased with the proceeds of an issue of bonds shall equal
or exceed the interest rate on such issue of bonds. The agency shall not
purchase the municipal bonds of any municipality if (i) the aggregate
principal amount thereof, together with the aggregate principal balances
of the municipal bonds of such municipality then outstanding and held by
the agency, exceed an amount equal to ten percent of the aggregate prin-
cipal amount of the statutory authorization at the time for the issuance
of bonds and notes, as provided in section twenty-four hundred thirty-
S. 6606--A 150 A. 9706--A
eight of this title, and (ii) the aggregate principal amount thereof
exceeds an amount equal to fifty percent of the aggregate principal
amount of all municipal bonds proposed to be so purchased at the time;
provided, however, that this sentence shall not apply to local ARRA
bonds OR LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS.
2. The agency shall require as a condition of purchase of municipal
bonds from municipalities that each such municipality shall agree (i) to
pledge its full faith and credit for the payment of the principal of and
interest on such municipal bonds, (ii) to make annual appropriations for
amounts required for the payment of such principal and interest, and
(iii) if at any time the municipality fails to make the required appro-
priation to pay such principal and interest, or fails to make the
payment of the required principal and interest, the provisions of
section twenty-four hundred thirty-six and/or twenty-four hundred thir-
ty-six-b of this title shall take effect, PROVIDED THAT IN CONNECTION
WITH SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENTS, THE
AGENCY MAY REQUIRE THAT EACH MUNICIPALITY THAT HAS ENTERED INTO SUCH AN
AGREEMENT WITH THE AGENCY SHALL AGREE, TO THE EXTENT PERMITTED BY LAW,
(I) TO PLEDGE ITS FULL FAITH AND CREDIT FOR THE PAYMENT OF ITS OBLI-
GATIONS UNDER SUCH SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREE-
MENTS, (II) TO MAKE ANNUAL APPROPRIATIONS FOR AMOUNTS REQUIRED FOR THE
PAYMENT REQUIRED TO BE MADE UNDER SUCH SPECIAL PUBLIC SAFETY COMMUNI-
CATIONS FINANCING AGREEMENTS. IF AT ANY TIME THE MUNICIPALITY FAILS TO
MAKE THE REQUIRED APPROPRIATION TO PAY ITS OBLIGATIONS UNDER SUCH
SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENTS, OR FAILS TO
MAKE THE PAYMENT OF THE REQUIRED AMOUNTS THEREUNDER, THE PROVISIONS OF
SECTION TWENTY-FOUR HUNDRED THIRTY-SIX OF THIS TITLE SHALL TAKE EFFECT.
All municipalities selling municipal bonds to the agency are hereby
authorized to make and carry out the agreements with the agency required
in this subdivision.
S 5. The public authorities law is amended by adding a new section
2436-c to read as follows:
S 2436-C. LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS. (1) THE AGENCY MAY
PURCHASE LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS USING THE PROCEEDS OF
PUBLIC SAFETY COMMUNICATION BONDS, SUBJECT TO THE PROVISIONS OF THIS
SECTION AND TO ANY OTHER PROVISION OF LAW APPLICABLE TO THE MUNICIPALITY
AND BONDS IT ISSUES, INCLUDING ANY DEBT LIMITATION APPLICABLE TO THE
MUNICIPALITY THAT ISSUED THE LOCAL PUBLIC SAFETY COMMUNICATIONS BOND, AS
WELL AS TO THE OTHER PROVISIONS OF THIS TITLE. TO THE EXTENT THAT ANY
SUCH OTHER PROVISION OF LAW CONFLICTS WITH A PROVISION OF THIS SECTION,
THE PROVISION OF THIS SECTION SHALL CONTROL, EXCEPT AS OTHERWISE STATED.
(2) LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS SHALL BE PAYABLE FROM
FUNDS PROVIDED BY A MUNICIPALITY FOR PAYMENT THEREOF AS WELL AS ANY
MONIES AVAILABLE FROM SPECIAL PUBLIC SAFETY COMMUNICATIONS AGREEMENTS.
(3) THE AGENCY'S PUBLIC SAFETY COMMUNICATIONS BONDS SECURED BY
PAYMENTS OF PRINCIPAL AND INTEREST DUE WITH RESPECT TO LOCAL PUBLIC
SAFETY COMMUNICATIONS BONDS SHALL NOT BE A DEBT OF EITHER THE STATE OR
ANY MUNICIPALITY, AND NEITHER THE STATE NOR ANY MUNICIPALITY SHALL BE
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE OF THE AGENCY; AND SUCH LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS
SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.
(4) SUBJECT TO THE PROVISIONS OF ANY CONTRACT WITH HOLDERS OF BONDS,
NOTES OR OTHER OBLIGATIONS, PROCEEDS OF PUBLIC SAFETY COMMUNICATIONS
BONDS TO BE PAID TO A MUNICIPALITY TO PURCHASE ITS LOCAL PUBLIC SAFETY
COMMUNICATIONS BONDS SHALL BE PAID TO THE MUNICIPALITY AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEY OF THE AGENCY.
S. 6606--A 151 A. 9706--A
(5) NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED TO CREATE A
DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
PROVISIONS.
(6) (A) A MUNICIPALITY MAY COVENANT AND AGREE THAT THE MUNICIPALITY
WILL NOT LIMIT, ALTER OR IMPAIR THE RIGHTS HEREBY VESTED IN THE AGENCY
TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH HOLDERS OF THE AGENCY'S
PUBLIC SAFETY COMMUNICATIONS BONDS, THE PROCEEDS OF WHICH WERE USED TO
PURCHASE THE MUNICIPALITY'S LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS, OR
IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS OR THE SECURI-
TY FOR SUCH BONDS, UNTIL SUCH BONDS, TOGETHER WITH THE INTEREST THEREON
AND ALL COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING
BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY PAID AND DISCHARGED.
(B) ANY SUCH AGREEMENT WITH A MUNICIPALITY MAY BE PLEDGED BY THE AGEN-
CY TO SECURE ITS PUBLIC SAFETY COMMUNICATIONS BONDS USED TO PURCHASE
LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS ISSUED BY THAT MUNICIPALITY AND
MAY NOT BE MODIFIED THEREAFTER EXCEPT AS PROVIDED BY THE TERMS OF THE
PLEDGE OR SUBSEQUENT AGREEMENTS WITH THE HOLDERS OF SUCH PUBLIC SAFETY
COMMUNICATIONS BONDS.
S 6. Subdivision 5 of section 2437 of the public authorities law, as
amended by section 6 of part E of chapter 494 of the laws of 2009, is
amended to read as follows:
(5) Any bonds or notes of the agency other than special program bonds,
special school purpose bonds, special school deficit program bonds [or],
recovery act bonds OR PUBLIC SAFETY COMMUNICATIONS BONDS shall be sold
at public sale and from time to time upon such terms and at such prices
as may be determined by the agency, and the agency may pay all expenses,
premiums and commissions which it may deem necessary or advantageous in
connection with the issuance and sale thereof. Any special program
bonds, special school purpose bonds, special school deficit program
bonds [or], recovery act bonds OR PUBLIC SAFETY COMMUNICATIONS BONDS
shall be sold at public or private sale and from time to time upon such
terms and at such prices as may be determined by the agency, and the
agency may pay all expenses, premiums and commissions which it may deem
necessary or advantageous in connection with the issuance and sale ther-
eof provided, however, that special program bonds relating to a special
program agreement entered for the purpose described in paragraph (b) of
subdivision one of section twenty-four hundred thirty-five-a of this
title shall be sold on or before June thirtieth, two thousand one. No
special program bonds, special school purpose bonds, special school
deficit program bonds, or recovery act bonds, OR PUBLIC SAFETY COMMUNI-
CATIONS BONDS of the agency may be sold by the agency at private sale,
however, unless such sale and the terms thereof have been approved in
writing by (a) the comptroller, where such sale is not to the comp-
troller, or (b) the director of the budget, where such sale is to the
comptroller.
S 7. Subdivision 1 of section 2438 of the public authorities law, as
amended by section 7 of part E of chapter 494 of the laws of 2009, is
amended as follows:
(1) The agency shall not issue bonds and notes in an aggregate princi-
pal amount at any one time outstanding exceeding one billion dollars,
excluding tax lien collateralized securities, special school purpose
bonds, special school deficit program bonds, special program bonds
issued to finance the reconstruction, rehabilitation or renovation of an
educational facility pursuant to the provisions of subdivision (b) of
section sixteen of chapter six hundred five of the laws of two thousand,
special program bonds issued to finance the cost of a project for
S. 6606--A 152 A. 9706--A
design, reconstruction or rehabilitation of a school building pursuant
to the provisions of section fourteen of the city of Syracuse and the
board of education of the city school district of the city of Syracuse
cooperative school reconstruction act, recovery act bonds, PUBLIC SAFETY
COMMUNICATIONS BONDS and bonds and notes issued to refund outstanding
bonds and notes.
S 8. The public authorities law is amended by adding a new section
2435-f to read as follows:
S 2435-F. SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENTS.
(1) IN ORDER TO FULFILL THE PURPOSES OF THIS TITLE AND NOTWITHSTANDING
ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, THE AGENCY AND THE APPLICA-
BLE MUNICIPALITY ARE HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE SPECIAL
PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENTS, WHICH SPECIAL PUBLIC
SAFETY COMMUNICATIONS FINANCING AGREEMENTS SHALL, CONSISTENT WITH THE
PROVISIONS OF THIS TITLE, CONTAIN SUCH TERMS, PROVISIONS AND CONDITIONS
AS, IN THE JUDGMENT OF THE AGENCY, SHALL BE NECESSARY OR DESIRABLE. EACH
SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENT SHALL SPECIFY
THE AMOUNT TO BE MADE AVAILABLE TO THE APPLICABLE MUNICIPALITY THROUGH
THE PROCEEDS OF AN ISSUE OF PUBLIC SAFETY COMMUNICATIONS BONDS AND SHALL
REQUIRE SUCH MUNICIPALITY TO MAKE PAYMENTS TO THE AGENCY IN THE AMOUNTS
AND THE TIMES DETERMINED BY THE AGENCY TO BE NECESSARY TO PROVIDE FOR
THE PAYMENT OF SUCH PUBLIC SAFETY COMMUNICATIONS BONDS AND FOR SUCH
OTHER FEES, CHARGES, COSTS, AND OTHER AMOUNTS AS THE AGENCY SHALL IN ITS
JUDGMENT DETERMINE TO BE NECESSARY OR DESIRABLE. SUCH PAYMENT OR
PAYMENTS TO BE MADE BY THE APPLICABLE MUNICIPALITY TO THE AGENCY AS SET
FORTH IN THIS SECTION SHALL BE MADE FROM SUCH SOURCES AS SHALL BE AGREED
UPON BETWEEN THE APPLICABLE MUNICIPALITY AND THE AGENCY PURSUANT TO THE
APPLICABLE SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENT.
(2) ANY SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENT
ENTERED INTO PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL PROVIDE
THAT THE OBLIGATIONS THEREUNDER TO FUND OR PAY THE AMOUNTS THEREIN
PROVIDED FOR SHALL NOT CONSTITUTE A DEBT OF THE STATE OR SUCH MUNICI-
PALITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION
AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT OF MONEYS AVAILABLE AND
THAT NO LIABILITY SHALL BE INCURRED BY THE STATE OR SUCH MUNICIPALITY
BEYOND THE MONEYS AVAILABLE FOR SUCH PURPOSE.
S 9. This act shall take effect immediately.
PART O
Section 1. Subdivision 5 of section 205 of the civil service law is
amended by adding a new paragraph (m) to read as follows:
(M) TO ADMINISTER THE PROVISIONS OF ARTICLE TWENTY OF THE LABOR LAW TO
THE EXTENT PROVIDED FOR IN SUCH ARTICLE, AND TO SERVE ALL THE FUNCTIONS
OF THE BOARD AS DEFINED IN SECTION SEVEN HUNDRED ONE OF THE LABOR LAW,
INCLUDING TO MAKE, AMEND AND RESCIND SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY TO CARRY OUT THE PROVISIONS OF SUCH ARTICLE.
S 2. Subdivisions 1, 2, 3 and 4 of section 205 of the civil service
law, subdivision 1 as amended by chapter 391 of the laws of 1969, subdi-
vision 2 as added by chapter 392 of the laws of 1967, subdivision 3 as
amended by chapter 307 of the laws of 1979 and subdivision 4 as amended
by chapter 503 of the laws of 1971, are amended to read as follows:
1. There is hereby created in the [state] department [of civil
service] a board, to be known as the public employment relations board,
which shall consist of three members appointed by the governor, by and
with the advice and consent of the senate from persons representative of
S. 6606--A 153 A. 9706--A
the public. Not more than two members of the board shall be members of
the same political party. Each member shall be appointed for a term of
six years, except that of the members first appointed, one shall be
appointed for a term to expire on May thirty-first, nineteen hundred
sixty-nine, one for a term to expire on May thirty-first, nineteen
hundred seventy-one, and one for a term to expire on May thirty-first,
nineteen hundred seventy-three. The governor shall designate one member
who shall serve as [chairman] CHAIRPERSON of the board until the expira-
tion of his OR HER term. A member appointed to fill a vacancy shall be
appointed for the unexpired term of the member whom he OR SHE is to
succeed.
2. Members of the board shall hold no other public office or public
employment in the state. The [chairman] CHAIRPERSON shall give his OR
HER whole time to his OR HER duties.
3. Members of the board other than the [chairman] CHAIRPERSON shall,
when performing the work of the board, be compensated at the rate of two
hundred [and] fifty dollars per day, together with an allowance for
actual and necessary expenses incurred in the discharge of their duties
hereunder. The [chairman] CHAIRPERSON shall receive an annual salary to
be fixed within the amount available therefor by appropriation, in addi-
tion to an allowance for expenses actually and necessarily incurred by
him OR HER in the performance of his OR HER duties.
4. (a) The CHAIRPERSON OF THE board may appoint an executive director
and such other persons, including but not limited to attorneys, media-
tors, members of fact-finding boards and representatives of employee
organizations and public employers to serve as technical advisers to
such fact-finding boards, as it may from time to time deem necessary for
the performance of its functions, prescribe their duties, fix their
compensation and provide for reimbursement of their expenses within the
amounts made available therefor by appropriation. Attorneys appointed
under this section may, at the direction of the CHAIRPERSON OF THE
board, appear for and represent the board in any case in court.
(b) No member of the board or its appointees pursuant to this subdivi-
sion, including without limitation any mediator or fact-finder employed
or retained by the board, shall, except as required by this article, be
compelled to nor shall he OR SHE voluntarily disclose to any administra-
tive or judicial tribunal or at the legislative hearing, held pursuant
to subparagraph (iii) of paragraph (e) of subdivision three of section
two hundred nine OF THIS ARTICLE, any information relating to the resol-
ution of a particular dispute in the course of collective negotiations
acquired in the course of his OR HER official activities under this
article, nor shall any reports, minutes, written communications, or
other documents pertaining to such information and acquired in the
course of his OR HER official activities under this article be subject
to subpoena or voluntarily disclosed; except that where the information
so required indicates that the person appearing or who has appeared
before the board has been the victim of, or otherwise involved in, a
crime, other than a criminal contempt in a case involving or growing out
of a violation of this article, said members of the board and its
appointees may be required to testify fully in relation thereto upon any
examination, trial, or other proceeding in which the commission of such
crime is the subject of inquiry.
S 3. Subdivision 9 of section 701 of the labor law, as amended by
chapter 166 of the laws of 1991, is amended to read as follows:
9. The term "board" means the PUBLIC employment relations board
created by section [seven hundred two of this article] TWO HUNDRED FIVE
S. 6606--A 154 A. 9706--A
OF THE CIVIL SERVICE LAW, IN CARRYING OUT ITS FUNCTIONS UNDER THIS ARTI-
CLE.
S 4. Section 702 of the labor law is REPEALED, and a new section 702
is added to read as follows:
S 702. SPECIAL MEDIATORS. THE BOARD MAY, WHEN NECESSARY, APPOINT OR
DESIGNATE SPECIAL MEDIATORS WHO SHALL HAVE THE AUTHORITY AND POWER OF
MEMBERS OF THE BOARD WITH REGARD TO SUCH MATTER, PROVIDED THAT THEIR
AUTHORITY AND POWER TO ACT FOR THE BOARD SHALL CEASE UPON THE CONCLUSION
OF THE SPECIFIC MATTER SO ASSIGNED TO THEM OR BY REVOCATION BY THE BOARD
OF THEIR APPOINTMENT OR DESIGNATION. SUCH SPECIAL MEDIATORS SHALL, WHEN
PERFORMING THE WORK OF THE BOARD AS AFORESAID, BE COMPENSATED AT A RATE
TO BE DETERMINED BY THE BOARD SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE BUDGET, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE DISCHARGE OF THEIR DUTIES HEREUNDER.
S 5. Subdivisions 3 and 4 of section 707 of the labor law, subdivision
3 as amended by chapter 210 of the laws of 1942 and subdivision 4 as
amended by chapter 676 of the laws of 1963, are amended to read as
follows:
3. The jurisdiction of the supreme court shall be exclusive and its
judgment and decree shall be final, except that appeals shall lie to the
appellate division of said court and to the court of appeals, in the
manner and subject to the limitations provided in the civil practice
[act] LAW AND RULES irrespective of the nature of the decree or judgment
or the amount involved.
4. Any person aggrieved by a final order of the board granting or
denying in whole or in part the relief sought may obtain a review of
such order in the supreme court of the county where the unfair labor
practice in question was alleged to have been engaged in or wherein such
person resides or transacts business by filing in such court a written
petition praying that the order of the board be modified or set aside,
or if such court be on vacation or in recess, then to the supreme court
of any county adjoining the county wherein the unfair labor practice in
question occurred or wherein any such person resides or [tranacts] TRAN-
SACTS business. A copy of such petition shall be forthwith served upon
the board, and thereupon the aggrieved party shall file in the court a
transcript of the entire record in the proceeding, certified by the
board, including the pleading and testimony and order of the board. Upon
such filing, the court shall proceed in the same manner as in the case
of an application by the board under subdivision one of this section,
and shall have the same exclusive jurisdiction to grant to the board
such temporary relief or restraining order as it deems just and proper,
and in like manner to make and enter a decree enforcing, modifying and
enforcing as so modified, or setting aside in whole or in part the order
of the board; and the findings of the board as to the facts shall in
like manner be conclusive.
S 6. Subdivision 1 of section 708 of the labor law, as added by chap-
ter 443 of the laws of 1937, is amended to read as follows:
1. The board, or its duly authorized agents or agencies, shall at all
reasonable times have access to, for the purposes of examination, and
the right to examine, copy or photograph any evidence, including
payrolls or lists of employees, of any person being investigated or
proceeded against that relates to any matter under investigation or in
question. [Any member of the] THE board shall have power to issue
subpoenas requiring the attendance and testimony of witnesses and the
production of any evidence that relates to any matter under investi-
gation or in question before the board, its member, agent, or agency,
S. 6606--A 155 A. 9706--A
conducting the hearing or investigation. Any member of the board, or any
agent or agency designated by the board for such purposes, may adminis-
ter oaths and affirmations, examine witnesses, and receive evidence.
S 7. Section 710 of the labor law, as added by chapter 443 of the laws
of 1937, is amended to read as follows:
S 710. Public records and proceedings. Subject to rules and regu-
lations to be made by the board CONSISTENT WITH ARTICLE SIX OF THE
PUBLIC OFFICERS LAW, the complaints, orders and testimony relating to a
proceeding instituted by the board under section seven hundred six OF
THIS ARTICLE may be made public records and be made available for
inspection or copying. All proceedings pursuant to section seven hundred
[and] six OF THIS ARTICLE shall be open to the public.
S 8. Section 717 of the labor law, as added by chapter 166 of the laws
of 1991, is amended to read as follows:
S 717. State mediation board [and], state labor relations board, AND
STATE EMPLOYMENT RELATIONS BOARD abolished. The state mediation board
created by chapter five hundred sixty-nine of the laws of nineteen
hundred sixty-eight [and], the New York state labor relations board
created by chapter four hundred forty-three of the laws of nineteen
hundred thirty-seven, AND THE STATE EMPLOYMENT RELATIONS BOARD CREATED
BY CHAPTER ONE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINE-
TY-ONE are hereby abolished. All the functions, powers and duties of
such boards are hereby assigned to and shall hereafter be exercised and
performed by and through the board. Any controversy, proceeding or other
matter pending before the New York state board of mediation [or], the
state labor relations board OR THE STATE EMPLOYMENT RELATIONS BOARD at
the time this section takes effect, may be conducted and completed by
the board and for such purposes the board shall be deemed to be a
continuation of the functions, powers and duties of the New York state
board of mediation [or], the state labor relations board OR THE STATE
EMPLOYMENT RELATIONS BOARD, respectively, and not a new entity. Upon the
transfer of functions to the board pursuant to this section, all appro-
priations and reappropriations heretofore or hereafter made to the
department of labor relating to the state board of mediation or the
state labor relations board or segregated pursuant to law, to the extent
of remaining unexpended or unencumbered balances thereof, whether allo-
cated or unallocated and whether obligated or unobligated are hereby
made available for use and expenditure by the board for the same
purposes for which originally appropriated or reappropriated. Whenever
the state board of mediation or the state labor relations board or the
chairman of the state board of mediation or of the state labor relations
board OR THE STATE EMPLOYMENT RELATIONS BOARD is referred to or desig-
nated in any general, special or local law or in any rule, regulation,
contract OR other document, such reference or designation shall be
deemed to refer to the board and the chairman thereof, respectively.
S 9. Subdivisions (a) and (b) of section 12 of the executive law, as
added by section 2 of part B of chapter 383 of the laws of 2001, are
amended to read as follows:
(a) Notwithstanding any other law, the state, through the governor,
may execute a tribal-state compact with the Seneca Nation of Indians
pursuant to the Indian Gaming Regulatory Act of 1988 (P.L. 100-497; 25
U.S.C. [SS]SS 2701-2721 and 18 U.S.C. [SS]SS 1166-1168) consistent with
a memorandum of understanding between the governor and the president of
the Seneca Nation of Indians executed on June twentieth, two thousand
one and filed with the department of state on June twenty-first, two
thousand one. Such tribal-state compact shall be deemed ratified by the
S. 6606--A 156 A. 9706--A
legislature upon the governor's certification to the temporary president
of the senate, the speaker of the assembly, and the secretary of state,
that such compact, through its terms, by a memorandum of understanding
or other agreement between the state and Nation, by a Nation's ordinance
or resolution, by statute, by executive order, or by the terms of any
other agreement entered into by or on behalf of the Nation, provides:
(i) assurances that the Nation will provide (1) reasonable access to the
gaming and related facilities to labor union organizers for purposes of
a campaign to solicit employee support for labor union representation;
(2) permission for labor union organizers to distribute labor union
authorization cards on site for the purpose of soliciting employee
support for labor union representation; and (3) recognition of labor
unions as the exclusive collective bargaining representatives of employ-
ees in appropriate bargaining units based upon a demonstration of major-
ity employee support of such labor unions by union authorization card
check as verified, if necessary, by an independent arbitrator appointed
by the [State] PUBLIC Employment Relations Board in consultation with
the Nation and the labor union; (ii) assurances that the Nation has an
adequate civil recovery system which guarantees fundamental due process
to visitors and guests of the facility and related facilities; and (iii)
assurances that the Nation will maintain during the term of the compact
sufficient liability insurance to assure that visitors and guests will
be compensated for their injuries.
(b) Notwithstanding any other law, the state, through the governor,
may execute tribal-state compacts pursuant to the Indian Gaming Regula-
tory Act of 1988 (P.L. 100-497; 25 U.S.C. [SS]SS 2701-2721 and 18 U.S.C.
[SS]SS 1166-1168) authorizing up to three Class III gaming facilities in
the counties of Sullivan and Ulster. Such tribal-state compact shall be
deemed ratified by the legislature upon the governor's certification to
the temporary president of the senate, the speaker of the assembly and
the secretary of state, that such compact, through its terms, by a memo-
randum of understanding or other agreement between the state and Nation,
by a Nation's ordinance or resolution, by statute, by executive order,
or by the terms of any other agreement entered into by or on behalf of
the Nation, provides: (i) assurances that the Nation will provide (1)
reasonable access to the gaming and related facilities to labor union
organizers for purposes of a campaign to solicit employee support for
labor union representation; (2) permission for labor union organizers to
distribute labor union authorization cards on site for the purpose of
soliciting employee support for labor union representation; (3)
provision of employees' names and addresses to labor union represen-
tatives and tribal/employer/management neutrality in labor union organ-
izing campaigns; (4) recognition of labor unions as the exclusive
collective bargaining representatives of employees in appropriate
bargaining units based upon a demonstration of majority employee support
of such labor unions by union authorization card check as verified, if
necessary, by an independent arbitrator appointed by the [State] PUBLIC
Employment Relations Board in consultation with the Nation and the labor
union; and (5) final and binding arbitration of organized labor matters
or disputes including negotiations for collective bargaining agreements
with arbitrators' awards enforceable in a state or federal court of
competent jurisdiction; (ii) assurances that the Nation has an adequate
civil recovery system which guarantees fundamental due process to visi-
tors and guests of the facility and related facilities; and (iii) assur-
ances that the Nation will maintain during the term of the compact
S. 6606--A 157 A. 9706--A
sufficient liability insurance to assure that visitors and guests will
be compensated for their injuries.
S 10. Paragraphs (e) and (f) of subdivision 1 of section 169 of the
executive law, paragraph (e) as amended by chapter 437 of the laws of
1995 and paragraph (f) as amended by chapter 83 of the laws of 1995, are
amended to read as follows:
(e) chairman of state athletic commission, chairman and executive
director of consumer protection board, member-chairman of crime victims
board, chairman of human rights appeal board, chairman of the industrial
board of appeals, [chairman of the employment relations board,] chairman
of the state commission of correction, members of the board of parole,
members of the state racing and wagering board, member-chairman of unem-
ployment insurance appeal board, director of veterans' affairs, and
vice-chairman of the workers' compensation board;
(f) executive director of adirondack park agency, commissioners of the
state liquor authority, commissioners of the state civil service commis-
sion, members of state commission of correction, [members of the employ-
ment relations board,] members of crime victims board, members of unem-
ployment insurance appeal board, and members of the workers'
compensation board.
S 11. This act shall not revoke or rescind any regulations or opinions
issued by the state employment relations board in effect upon the effec-
tive date of this act, to the extent that such regulations or opinions
are not inconsistent with any law of the state of New York. The public
employment relations board shall undertake a comprehensive review of all
such regulations and opinions, which will address the consistency of
such regulations and opinions among each other and will propose any
regulatory changes necessitated by such review.
S 12. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that effective immediately, the
chair of the public employment relations board and the chair of the
state employment relations board are hereby authorized to take such
actions as are necessary and proper to prepare for an orderly transition
of the functions, powers and duties as herein provided.
PART P
Section 1. Section 163-c of the state finance law is REPEALED.
S 2. This act shall take effect immediately.
PART Q
Section 1. (a) For the purpose of this section, "insurance carrier,"
and "workers' compensation rating board" shall have the meaning set
forth in section 2 of the workers' compensation law.
(b) For the purposes of this section, "excess assessment funds" shall
mean any excess of the amount collected by an insurance carrier from its
policy holders in accordance with a calculation provided by the workers'
compensation rating board pursuant to subdivision 8 of section 15,
subdivision 3 of section 25-a or section 151 of the workers' compen-
sation law attributable to the period April 1, 2008, through March 31,
2009, over the amount paid to the workers' compensation board pursuant
to subdivision 8 of section 15, subdivision 3 of section 25-a or section
151 of the workers' compensation law attributable to the period April 1,
2008, through March 31, 2009.
S. 6606--A 158 A. 9706--A
(c) Any insurance carrier or affiliated group of insurance carriers
that has collected excess assessment funds shall pay over to the chair
of the workers' compensation board, within sixty days of the effective
date of this subdivision, the amount of such funds. Such funds shall be
credited to the workers' compensation account. Any amounts collected
pursuant to this section shall be transferred by the comptroller to the
general fund, at the request of the director of the budget.
S 2. This act shall take effect immediately.
PART R
Section 1. Subdivisions 2 and 3 of section 50-a of the workers'
compensation law, as added by chapter 139 of the laws of 2008, are
amended to read as follows:
2. At any time prior to April first, two thousand [nine] ELEVEN, the
chair may withdraw funds from the uninsured employers fund provided for
under section twenty-six-a of this chapter, up to such amount as the
chair determines is sufficient to fund any anticipated additional
expenses of such fund, taking into account anticipated available reven-
ues, but in no event to exceed [fifty-two] SEVENTY-FIVE million dollars
in the aggregate. Such funds shall be deposited into the group self-in-
surer offset fund, and used in accordance with subdivision one of this
section. As consistent with this section, the chair may set the timing
of such withdrawals in its discretion.
3. Beginning on January first, two thousand [ten] TWELVE, and each
year thereafter, the chair shall add to the total of each annual assess-
ment made under paragraph g of subdivision five of section fifty of this
article the sum of up to three million dollars, to be allocated to
private group and individual self-insurers in accordance with such para-
graph. The chair shall assess additional funds under this paragraph as
necessary to insure that there are sufficient funds in the fund for
uninsured employers to meet its liabilities, or if necessary in accord-
ance with section one hundred fifty-one of this chapter. Such funds as
are collected pursuant to this subdivision shall be deposited into the
uninsured employer fund until all funds withdrawn therefrom under subdi-
vision one of this section are returned with interest calculated at an
annual rate equal to the rate of return on funds in the fund for unin-
sured employers from the prior year.
S 2. Section 1108 of the insurance law is amended by adding a new
subsection (j) to read as follows:
(J) ANY GROUP OF EMPLOYERS AUTHORIZED BY THE WORKERS' COMPENSATION
BOARD TO PROVIDE WORKERS' COMPENSATION BENEFITS FOR THE EMPLOYEES OF ALL
MEMBER EMPLOYERS PURSUANT TO SUBDIVISION THREE-A OF SECTION FIFTY OF THE
WORKERS' COMPENSATION LAW.
S 3. The second undesignated paragraph of subdivision 3 of section 50
of the workers' compensation law, as amended by chapter 6 of the laws of
2007, is amended to read as follows:
If for any reason the status of an employer under this subdivision is
terminated, the securities or the surety bond, or the securities, cash,
or irrevocable letters of credit and surety bond, on deposit referred to
herein shall remain in the custody of the chair for [a period of at
least twenty-six months. At the expiration of] such time [or such
further time period] as the chair may deem proper and warranted under
the circumstances[, and so designates, the chair may accept in]. IN
lieu thereof, [and for the additional purpose of] AND AT THE DISCRETION
OF THE CHAIR, THE EMPLOYER, HIS OR HER HEIRS OR ASSIGNS OR OTHERS CARRY-
S. 6606--A 159 A. 9706--A
ING ON OR LIQUIDATING SUCH BUSINESS, MAY EXECUTE AN ASSUMPTION OF WORK-
ERS' COMPENSATION LIABILITY INSURANCE POLICY securing such further and
future contingent liability as may arise from prior injuries to workers
and be incurred by reason of any change in condition of such workers
warranting the board making subsequent awards for payment of additional
compensation[, a policy of insurance furnished by the employer, his
heirs or assigns or others carrying on or liquidating such business].
Such policy shall be in a form approved by the superintendent of insur-
ance and issued by the state fund or any insurance company licensed to
issue this class of insurance in this state. IN THE EVENT THAT SUCH
POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE FUND, THEN
SAID POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN
OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE
INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS
CREATED AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER. It shall only be
issued for a single complete premium payment in advance by the employer
AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT
OF INSURANCE. IN LIEU OF THE APPLICABLE PREMIUM CHARGE ORDINARILY
REQUIRED TO BE IMPOSED BY A CARRIER, SAID PREMIUM SHALL INCLUDE A
SURCHARGE IN AN AMOUNT TO BE DETERMINED BY THE CHAIR TO: (I) SATISFY
ALL ASSESSMENT LIABILITY DUE AND OWING TO THE BOARD AND/OR THE CHAIR
UNDER THIS CHAPTER; AND (II) SATISFY ALL FUTURE ASSESSMENT LIABILITY
UNDER THIS SECTION. SAID SURCHARGE SHALL BE PAYABLE TO THE BOARD SIMUL-
TANEOUS TO THE EXECUTION OF THE ASSUMPTION OF WORKERS' COMPENSATION
LIABILITY INSURANCE POLICY. HOWEVER, THE PAYMENT OF SAID SURCHARGE DOES
NOT RELIEVE THE CARRIER FROM ANY OTHER LIABILITY, INCLUDING LIABILITY
OWED TO THE SUPERINTENDENT OF INSURANCE PURSUANT TO ARTICLE SIX-A OF
THIS CHAPTER. [It shall be given in an amount to be determined by the
chair and when] WHEN issued SUCH POLICY shall be non-cancellable WITHOUT
RECOURSE for any cause during the continuance of the liability secured
and so covered.
S 4. Paragraph 7 of subdivision 3-a of section 50 of the workers'
compensation law, as amended by chapter 139 of the laws of 2008, is
amended to read as follows:
(7) (a) If for any reason, the status of a group self-insurer under
this subdivision is terminated, the securities or cash or the surety
bond on deposit referred to herein shall remain in the custody of the
chair for [a period of at least twenty-six months. At the expiration of]
such time [or such further period] as the chair may deem proper and
warranted[, he or she may accept in]. IN lieu thereof, [and for the
additional purpose of] AND AT THE DISCRETION OF THE CHAIR, THE GROUP
SELF-INSURER, ITS HEIRS OR ASSIGNS OR OTHERS CARRYING ON OR LIQUIDATING
SUCH GROUP SELF-INSURER, INCLUDING THE CHAIR ON THE GROUP SELF-INSURER'S
BEHALF, MAY EXECUTE AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY
INSURANCE POLICY securing such further and future contingent liability
as may arise from prior injuries to workers and be incurred by reason of
any change in the condition of such workers warranting the board making
subsequent awards for payment of additional compensation[, a policy of
insurance furnished by the group self-insurer, its successor or assigns
or others carrying on or liquidating such group self-insurer]. Such
policy shall be in a form approved by the superintendent of insurance
and issued by the state fund or any insurance company licensed to issue
this class of insurance in this state. IN THE EVENT THAT SUCH POLICY IS
ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE FUND, THEN SAID
POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF
SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE
S. 6606--A 160 A. 9706--A
INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS
CREATED AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER. It shall only be
issued for a single complete premium payment in advance by the group
self-insurer AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE
SUPERINTENDENT OF INSURANCE. IN LIEU OF THE APPLICABLE PREMIUM CHARGE
ORDINARILY REQUIRED TO BE IMPOSED BY A CARRIER, SAID PREMIUM SHALL
INCLUDE A SURCHARGE IN AN AMOUNT TO BE DETERMINED BY THE CHAIR TO: (I)
SATISFY ALL ASSESSMENT LIABILITY DUE AND OWING TO THE BOARD AND/OR THE
CHAIR UNDER THIS CHAPTER; AND (II) SATISFY ALL FUTURE ASSESSMENT LIABIL-
ITY UNDER THIS SECTION. SAID SURCHARGE SHALL BE PAYABLE TO THE BOARD
SIMULTANEOUS TO THE EXECUTION OF THE ASSUMPTION OF WORKERS' COMPENSATION
LIABILITY INSURANCE POLICY. HOWEVER, THE PAYMENT OF SAID SURCHARGE DOES
NOT RELIEVE THE CARRIER FROM ANY OTHER LIABILITY, INCLUDING LIABILITY
OWED TO THE SUPERINTENDENT OF INSURANCE PURSUANT TO ARTICLE SIX-A OF
THIS CHAPTER. [It shall be given in an amount to be determined by the
chair and when] WHEN issued SUCH POLICY shall be noncancellable WITHOUT
RECOURSE for any cause during the continuance of the liability secured
and so covered.
(b) The chair shall levy an assessment on the members of a defaulted
group self-insurer within one hundred twenty days of such default or of
the effective date of the chapter of the laws of two thousand eight
which amended this subdivision, whichever is later, and against the
members of any other terminated group self-insurer when necessary, for
such an amount as he or she determines to be necessary to discharge all
liabilities of the group self-insurer, including the reasonable cost of
liquidation such as claims administration costs, actuarial and account-
ing services, and the value of future assessments on members of such
group self-insurer. The chair may impose subsequent deficit assessments,
or return funds to members, to adjust the moneys collected to reflect
the time of participation, and percent of group self-insurer liabilities
for such time. Notwithstanding any such action by the chair, each member
of the group self-insurer shall remain jointly and severally responsible
for all liabilities provided by this chapter including but not limited
to outstanding and estimated future liabilities and assessments.
FURTHER, SEPARATE AND APART FROM, AND IN ADDITION TO A MEMBER'S JOINT
AND SEVERAL LIABILITY AND NOTWITHSTANDING ANY PAYMENTS MADE BY ANY OTHER
MEMBERS OF THE GROUP SELF-INSURER PURSUANT TO THIS SUBPARAGRAPH, IN THE
EVENT THAT A MEMBER NEGLECTS OR FAILS TO PAY AN ASSESSMENT LEVIED PURSU-
ANT TO THIS SUBPARAGRAPH, THE MEMBER SHALL BE DEEMED IN DEFAULT IN THE
PAYMENT OF COMPENSATION. SUCH DEFAULTING MEMBER IS SUBJECT TO THE
ENFORCEMENT PROVISIONS OF SECTION TWENTY-SIX OF THIS CHAPTER FOR THE
PAYMENT OF ALL COMPENSATION RELATIVE TO AWARDS DUE AND OWING ON CLAIMS
FILED BY THE EMPLOYEES OF SUCH MEMBER THAT HAVE NEITHER BEEN PAID BY THE
MEMBER OR THE GROUP SELF-INSURER. Nothing in this paragraph shall
prevent the chair from offering payment plans or settling claims against
members of any group self-insurer as necessary to facilitate collection.
(C) UPON THE ASSUMPTION OF THE ASSETS AND LIABILITIES OF A GROUP
SELF-INSURER BY THE CHAIR OR HIS OR HER DESIGNEE PURSUANT TO REGULATION
OF THE CHAIR, ALL RECORDS, DOCUMENTS AND FILES OF WHATEVER NATURE,
PERTAINING TO THE GROUP SELF-INSURER, BE THEY IN THE POSSESSION OF THE
GROUP SELF-INSURER OR A THIRD PARTY, AND ALL REMAINING ASSETS OF THE
GROUP SELF-INSURER, SHALL BECOME THE PROPERTY OF THE CHAIR. ALL CUSTO-
DIANS OF SUCH RECORDS AND/OR FUNDS SHALL TURN OVER TO THE CHAIR OR HIS
DESIGNEE ALL SUCH ORIGINAL RECORDS UPON DEMAND.
S 5. Subdivision 4 of section 50 of the workers' compensation law is
amended by adding a new paragraph e to read as follows:
S. 6606--A 161 A. 9706--A
E. IF FOR ANY REASON THE STATUS OF A COUNTY, CITY, VILLAGE, TOWN,
SCHOOL DISTRICT, FIRE DISTRICT OR OTHER POLITICAL SUBDIVISION OF STATE
IS TERMINATED, AT THE DISCRETION OF THE CHAIR, THE COUNTY, CITY,
VILLAGE, TOWN, SCHOOL DISTRICT, FIRE DISTRICT OR OTHER POLITICAL SUBDI-
VISION OF STATE, MAY EXECUTE AN ASSUMPTION OF WORKERS' COMPENSATION
LIABILITY INSURANCE POLICY SECURING SUCH FURTHER AND FUTURE CONTINGENT
LIABILITY AS MAY ARISE FROM PRIOR INJURIES TO WORKERS AND BE INCURRED BY
REASON OF ANY CHANGE IN THE CONDITION OF SUCH WORKERS WARRANTING THE
BOARD MAKING SUBSEQUENT AWARDS FOR PAYMENT OF ADDITIONAL COMPENSATION.
SUCH POLICY SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF INSUR-
ANCE AND SHALL BE ISSUED BY THE STATE FUND OR ANY INSURANCE COMPANY
LICENSED TO ISSUE THIS CLASS OF POLICY IN THIS STATE. IN THE EVENT THAT
SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE FUND,
THEN SAID POLICY SHALL BE DEEMED TO BE INSURANCE OF THE KIND SPECIFIED
IN PARAGRAPH FIFTEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE
HUNDRED THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE WORKERS'
COMPENSATION SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF
THIS CHAPTER. IT SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM
PAYMENT IN ADVANCE BY THE COUNTY, CITY, VILLAGE, TOWN, SCHOOL DISTRICT,
FIRE DISTRICT OR OTHER POLITICAL SUBDIVISION OF STATE AND IN AN AMOUNT
DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT OF INSURANCE. IN
LIEU OF THE APPLICABLE PREMIUM CHARGE ORDINARILY REQUIRED TO BE IMPOSED
BY A CARRIER, SAID PREMIUM SHALL INCLUDE A SURCHARGE IN AN AMOUNT TO BE
DETERMINED BY THE CHAIR TO SATISFY ALL ASSESSMENT LIABILITY DUE AND
OWING TO THE BOARD AND/OR THE CHAIR UNDER THIS CHAPTER. SAID SURCHARGE
SHALL BE PAYABLE TO THE BOARD SIMULTANEOUS TO THE EXECUTION OF THE
ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY. HOWEVER,
THE PAYMENT OF SAID SURCHARGE DOES NOT RELIEVE THE CARRIER FROM ANY
OTHER LIABILITY, INCLUDING LIABILITY OWED TO THE SUPERINTENDENT OF
INSURANCE PURSUANT TO ARTICLE SIX-A OF THIS CHAPTER. WHEN ISSUED SUCH
POLICY SHALL BE NON-CANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING
THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED.
S 6. Section 73 of the workers' compensation law, as added by chapter
849 of the laws of 1955, is amended to read as follows:
S 73. Abandonment of plan. The board of supervisors of a county may by
local law provide for the abandonment of a plan, effective as of the
close of the calendar year then in progress. Such plan, however, shall
continue to operate thereafter until all liabilities of the plan
incurred prior to such effective date shall have been satisfied and all
advances to the county self-insurance fund shall have been repaid. Such
local law shall provide a method for the distribution of any assets of
the plan remaining after all such liabilities have been satisfied. The
provisions of this section shall not apply to any plan abandoned pursu-
ant to section sixty-one of this chapter. AT THE DISCRETION OF THE
CHAIR, THE BOARD OF SUPERVISORS OF A COUNTY MAY EXECUTE AN ASSUMPTION OF
WORKERS' COMPENSATION LIABILITY INSURANCE POLICY SECURING SUCH FURTHER
AND FUTURE CONTINGENT LIABILITY AS MAY ARISE FROM PRIOR INJURIES TO
WORKERS AND BE INCURRED BY REASON OF ANY CHANGE IN THE CONDITION OF SUCH
WORKERS WARRANTING THE BOARD MAKING SUBSEQUENT AWARDS FOR PAYMENT OF
ADDITIONAL COMPENSATION. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE
SUPERINTENDENT OF INSURANCE AND SHALL BE ISSUED BY THE STATE FUND OR ANY
INSURANCE COMPANY LICENSED TO ISSUE THIS CLASS OF INSURANCE IN THIS
STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY
OTHER THAN THE STATE FUND, THEN SAID POLICY SHALL BE DEEMED TO BE OF THE
KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION (A) OF SECTION ONE
THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE
S. 6606--A 162 A. 9706--A
WORKERS' COMPENSATION SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE
SIX-A OF THIS CHAPTER. IT SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE
PREMIUM PAYMENT IN ADVANCE BY THE COUNTY, CITY, VILLAGE, TOWN, SCHOOL
DISTRICT, FIRE DISTRICT OR OTHER POLITICAL SUBDIVISION OF STATE AND IN
AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT OF
INSURANCE. IN LIEU OF THE APPLICABLE PREMIUM CHARGE ORDINARILY REQUIRED
TO BE IMPOSED BY A CARRIER, SAID PREMIUM SHALL INCLUDE A SURCHARGE IN AN
AMOUNT TO BE DETERMINED BY THE CHAIR TO SATISFY ALL ASSESSMENT LIABILITY
DUE AND OWING TO THE BOARD AND/OR THE CHAIR UNDER THIS CHAPTER. SAID
SURCHARGE SHALL BE PAYABLE TO THE BOARD SIMULTANEOUS TO THE EXECUTION OF
THE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY.
HOWEVER, THE PAYMENT OF SAID SURCHARGE DOES NOT RELIEVE THE CARRIER FROM
ANY OTHER LIABILITY, INCLUDING LIABILITY OWED TO THE SUPERINTENDENT OF
INSURANCE PURSUANT TO ARTICLE SIX-A OF THIS CHAPTER. WHEN ISSUED SUCH
POLICY SHALL BE NON-CANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING
THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED.
S 7. The eighth undesignated paragraph of section 106 of the workers'
compensation law, as amended by chapter 598 of the laws of 2000, is
amended to read as follows:
"Carrier" means a stock or mutual corporation or a reciprocal insurer
or a nonprofit property/casualty insurance company, if such corporation
or insurer is authorized to transact the business of workers' compen-
sation insurance in this state, INCLUDING BUT NOT LIMITED TO THE ISSU-
ANCE OF AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLI-
CY, but not including any such corporation or insurer which is
insolvent.
S 8. This act shall take effect immediately.
PART S
Section 1. The division of the budget and office of the state comp-
troller may dedicate such officers and employees as may be needed to a
joint project, which shall be known as the state financial system
project, and which shall be responsible for the development, implementa-
tion and maintenance of a single, statewide financial management system
for use by the state comptroller and all agencies. The division of the
budget and the office of the state comptroller shall serve jointly as
the appointing authority for all titles within the project, and shall
jointly appoint a project manager therefor. For purposes of appointment
and promotion under the civil service law, the state financial system
project shall be treated as if it were a single department.
S 2. This act shall take effect immediately.
PART T
Section 1. The section heading and subdivision 1 of section 160 of the
civil service law, as amended by chapter 329 of the laws of 1960, are
amended to read as follows:
Regulations governing the health [insurance] BENEFIT plan; advisory
committee. 1. The president, subject to the provisions of this article,
is hereby empowered to establish regulations relating to:
(1) the eligibility of (a) active and (b) retired employees to partic-
ipate in the health [insurance] BENEFIT plan authorized by this article,
(2) the terms and conditions of the insurance AND/OR PLAN ADMINISTRA-
TOR contract or contracts, as applied to (a) active employees and (b)
retired employees, and
S. 6606--A 163 A. 9706--A
(3) the purchase of such insurance AND/OR PLAN ADMINISTRATOR contract
or contracts and the administration of such health [insurance] BENEFIT
plan.
The president shall adopt such further regulations as may be required
for the effective administration of this article, including the right to
require advance payments of any portion of the amount required to be
paid by any participating employer as its share in connection with the
operation of the health [insurance] BENEFIT plan hereunder.
S 2. Subdivisions 1 and 3 of section 161 of the civil service law, as
amended by chapter 329 of the laws of 1960, are amended to read as
follows:
1. The president is hereby authorized and directed to establish a
health [insurance] BENEFIT plan for state officers and employees and
their dependents and officers and employees of the state colleges of
agriculture, home economics, industrial labor relations and veterinary
medicine, the state agricultural experiment station at Geneva, and any
other institution or agency under the management and control of Cornell
university as the representative of the board of trustees of the state
university of New York, and the state college of ceramics under the
management and control of Alfred university as the representative of the
board of trustees of the state university of New York and their depen-
dents which, subject to the conditions and limitations contained in this
article, and in the regulations of the president, will provide for group
hospitalization, surgical and medical insurance against the financial
costs of hospitalization, surgery, medical treatment and care, and may
include, among other things prescribed drugs, medicines, prosthetic
appliances, hospital in-patient and out-patient service benefits and
medical expense indemnity benefits.
3. The health [insurance] BENEFIT plan shall be designed by the presi-
dent (1) to provide a reasonable relationship between the hospital,
surgical and medical benefits to be included, and the expected distrib-
ution of expenses of each such type to be incurred by the covered
employees and dependents, and (2) to include reasonable controls, which
may include deductible and coinsurance provisions applicable to some or
all of the benefits, to reduce unnecessary utilization of the various
hospital, surgical and medical services to be provided and to provide
reasonable assurance of stability in future years of the plan, and (3)
to provide benefits on a non-discriminatory basis to the extent possi-
ble, to active members throughout the state, wherever located.
S 3. The section heading and subdivisions 1 and 2 of section 162 of
the civil service law, the section heading and subdivision 2 as amended
by chapter 329 of the laws of 1960 and subdivision 1 as amended by chap-
ter 805 of the laws of 1984, are amended to read as follows:
Contract for health [insurance] BENEFITS. 1. The president is hereby
authorized and directed to purchase a contract or contracts to provide
the benefits under the plan of health [insurance] benefits determined
upon in accordance with the provisions of this article. Such contract or
contracts shall be purchased from one or more corporations licensed to
transact accident and health insurance business in this state or subject
to article forty-three of the insurance law. ALTERNATIVELY, THE PRESI-
DENT MAY PROVIDE HEALTH BENEFITS DIRECTLY TO PLAN PARTICIPANTS, IN WHICH
CASE THE PRESIDENT IS HEREBY AUTHORIZED TO PURCHASE A CONTRACT OR
CONTRACTS WITH ONE OR MORE FIRMS QUALIFIED TO ADMINISTER, ON NEW YORK
STATE HEALTH BENEFIT PLAN'S BEHALF, THE PLAN OF BENEFITS REQUIRED UNDER
THIS ARTICLE. ANY HEALTH INSURANCE COVERAGE MANDATED BY LAW APPLICABLE
TO CONTRACTS FOR HEALTH INSURANCE ENTERED INTO UNDER THIS SECTION SHALL
S. 6606--A 164 A. 9706--A
ALSO APPLY TO THE PROVISION OF ANY BENEFITS PURSUANT TO THIS SUBDIVI-
SION. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE PRESI-
DENT'S ELECTION TO PROVIDE HEALTH BENEFITS DIRECTLY TO PLAN PARTICIPANTS
SHALL NOT CONSTITUTE THE DOING OF INSURANCE BUSINESS WITHIN THE MEANING
OF ARTICLE ELEVEN OF THE INSURANCE LAW. All of the benefits to be
provided under this article may be included in one or more similar
contracts, or the benefits may be classified into different types with
each type included under one or more similar contracts issued by the
same or different companies.
2. A reasonable time before entering into any insurance contract OR
CONTRACT WITH AN ADMINISTRATOR OR ADMINISTRATORS hereunder, the presi-
dent shall invite proposals from such qualified insurers OR ADMINISTRA-
TORS as in his OR HER opinion would desire to accept any part of the
insurance coverage OR ADMINISTRATIVE SERVICES authorized by this arti-
cle.
S 4. Subdivisions 1, 2, 5, 7 and 8 of section 163 of the civil service
law, subdivisions 1 and 5 as amended by chapter 329 of the laws of 1960,
subdivision 2 as amended by chapter 617 of the laws of 1967, subdivision
7 as amended by chapter 198 of the laws of 1966 and subdivision 8 as
added by chapter 394 of the laws of 1984, are amended to read as
follows:
1. All persons in the service of the state, whether elected, appointed
or employed, who elect to participate in such health [insurance] BENEFIT
plan shall be eligible to participate therein, provided, however, that
the president may adopt such regulations as he OR SHE may deem appropri-
ate excluding temporary, part time or intermittent employment.
2. The contract or contracts shall provide for health [insurance]
BENEFITS for retired employees of the state and of the state colleges of
agriculture, home economics, industrial labor relations and veterinary
medicine, the state agricultural experiment station at Geneva, and any
other institution or agency under the management and control of Cornell
university as the representative of the board of trustees of the state
university of New York, and the state college of ceramics under the
management and control of Alfred university as the representative of the
board of trustees of the state university of New York, and their spouses
and dependent children as defined by the regulations of the president,
on such terms as the president may deem appropriate, and the president
may authorize the inclusion in the plan of the employees and retired
employees of public authorities, public benefit corporations, school
districts, special districts, district corporations, municipal corpo-
rations excluding active employees and retired employees of cities
having a population of one million or more inhabitants whose compen-
sation is or was before retirement paid out of the city treasury, or
other appropriate agencies, subdivisions or quasi-public organizations
of the state and their spouses and dependent children as defined by the
regulations of the president. Any such corporation, district, agency or
organization electing to participate in the plan shall be required to
pay its proportionate share of the expenses of administration of the
plan in such amounts and at such times as determined and fixed by the
president. All amounts payable for such expenses of administration
shall be paid to the commissioner of taxation and finance and shall be
applied to the reimbursement of funds previously advanced for such
purposes. Neither the state nor any other participant in the plan shall
be charged with the particular experience attributable to the employees
of the participant, and all dividends or retroactive rate credits shall
S. 6606--A 165 A. 9706--A
be distributed pro-rata based upon the number of employees of such
participant covered by the plan.
5. The chief fiscal officer of any such participating employer shall
be authorized to deduct from the wages or salary paid to its employees
who are participants in such health [insurance] BENEFIT plan the sums
required to be paid by them under such plan. Each such participating
employer is authorized to appropriate such sums as are required to be
paid by it as its share in connection with the operation of such plan.
7. For purposes of eligibility for participation in the health [insur-
ance] BENEFIT plan no person shall be deemed to be a state officer or
employee or to be in the service of the state unless his salary or
compensation is paid directly by the state, and no person shall be
deemed to be a retired officer or employee of the state unless his sala-
ry or compensation immediately preceding his retirement was paid direct-
ly by the state; provided, however, that all active and retired
justices, judges, officers and employees of the supreme court, surro-
gate's court, county court, family court, civil court of the city of New
York, criminal court of the city of New York and district court in any
county, officers and employees of the office of probation for the courts
of New York city shall be eligible for participation in the health
[insurance] BENEFIT plan whether or not their salaries are paid or
before retirement were paid directly by the state.
8. Notwithstanding any other law, rule or regulation to the contrary,
where the state and an employee organization representing state officers
and employees who are in positions which are in the collective negotiat-
ing unit established by chapter four hundred three of the laws of nine-
teen hundred eighty-three enter into a collectively negotiated agreement
pursuant to article fourteen of this chapter providing that officers and
employees who hold positions in such unit on or after April first, nine-
teen hundred eighty-four and who immediately upon termination from such
position are eligible to receive a retirement benefit from either the
New York state or New York city retirement systems shall continue to be
eligible to participate in the employee benefit fund established by
section two hundred six-a of the state finance law, such officers and
employees upon retirement shall continue to participate in and receive
the benefits of such fund as provided in such collectively negotiated
agreement and shall not be eligible to receive and shall not receive
from the statewide health [insurance] BENEFIT plan established pursuant
to this article coverage for benefits covered by such employee benefit
fund.
S 4-a. Section 163-a of the civil service law, as added by chapter 302
of the laws of 1985, is amended to read as follows:
S 163-a. [Health insurance adjustment] SUPPLEMENTARY PLAN. 1. For the
purposes of this section, the term "supplementary plan" shall mean a
health [insurance] BENEFIT plan which provides an adjustment to the
deductible or co-insurance liability or to the benefits provided by the
statewide health [insurance] BENEFIT plan purchased pursuant to section
one hundred sixty-two of this article.
2. The president may require the insurer of a supplementary plan to
the statewide health [insurance] BENEFIT plan, provided as a result of a
collectively negotiated agreement pursuant to article fourteen of this
chapter, to make a comparable supplementary plan available to partic-
ipating employers as of the implementation date of the state employees'
supplementary plan. The comparable supplementary plan shall be experi-
ence rated as to those participating employers electing it, with the
costs thereof allocated equitably among them.
S. 6606--A 166 A. 9706--A
3. Every participating employer which, on or before July first, nine-
teen hundred eighty-five, entered into a collectively negotiated agree-
ment pursuant to article fourteen of this chapter with employee organ-
izations representing its employees to provide the statewide health
[insurance] BENEFIT plan shall provide such comparable supplementary
plan on the date established by the president until the expiration of
such negotiated agreement.
S 5. Section 165 of the civil service law, as amended by chapter 810
of the laws of 1964, subdivision 2 as amended by chapter 608 of the laws
of 1977, is amended to read as follows:
S 165. Termination of active employment. 1. The health [insurance]
BENEFIT coverage of any employee and his OR HER dependents, if any,
shall cease upon the discontinuance of his OR HER term of office or
employment, subject to regulations which may be prescribed by the presi-
dent for extension of coverage and for conversion to an individual
contract providing for such of the benefits provided under this article
as may be provided under such individual contracts, under terms approved
by the president, the total cost of any such contract to be borne by the
employee.
2. In the event of death of an employee having coverage at the time of
death for himself OR HERSELF and his OR HER dependents, and where the
circumstances of death are such that beneficiaries or dependents of such
deceased employee are entitled to an accidental death benefit payable by
a retirement system or pension plan administered by the state or a civil
division thereof on account of death resulting from an accident
sustained in the performance of his OR HER duties or to death benefits
provided for under the [workmen's] WORKERS' compensation law, the unre-
married spouse of such employee covered at the time of his OR HER death
and his OR HER covered dependents, for so long as they would otherwise
qualify as dependents eligible for coverage under the regulations of the
president, shall be eligible to continue full coverage under the health
[insurance] BENEFIT plan upon payment at intervals determined by the
president of the full cost of such coverage; provided, however, that the
state shall pay and any participating employer may elect to pay the full
cost of such coverage, except that in the case of those enrolled in an
optional benefit plan, the employer shall contribute not more than the
same dollar amount which would be paid if such unremarried spouse and
dependents were enrolled in the basic statewide health [insurance] BENE-
FIT plan. The president shall adopt such regulations as may be required
to carry out the provisions of this subdivision which shall include, but
need not be limited to, provisions for filing application for continued
coverage, including reasonable time limits therefor, and provisions for
continued coverage of spouse and dependents pending determination of an
application for accidental death benefits from a retirement system or
pension plan administered by the state or a civil division thereof or
pending determination of a claim for death benefits under the [work-
men's] WORKERS' compensation law.
S 6. Section 165-a of the civil service law, as amended by chapter 467
of the laws of 1991, the closing paragraph as added by chapter 105 of
the laws of 2005, is amended to read as follows:
S 165-a. Continuation of state health [insurance] BENEFIT plans for
survivors of employees of the state and/or of a political subdivision or
of a public authority. Notwithstanding any other provision of law to the
contrary, the president shall permit the unremarried spouse and the
dependents, otherwise qualified as eligible for coverage under regu-
lations of the president, of a person who was an employee of the state
S. 6606--A 167 A. 9706--A
and/or of a political subdivision thereof or of a public authority for
not less than ten years, provided however, that the ten-year service
requirement shall not apply to such employees on active military duty in
connection with the Persian Gulf conflict who die on or after August
second, nineteen hundred ninety while in the Persian Gulf combat zone or
while performing such military duties, who had been a participant in any
of the state health [insurance] BENEFIT plans, to continue under the
coverage which such deceased employee had in effect at the time of
death, upon the payment at intervals determined by the president of the
full cost of such coverage, provided, however, that the unremarried
spouse of an active employee of the State who died on or after April
first nineteen hundred seventy-five and before April first nineteen
hundred seventy-nine who timely elected to continue dependent coverage,
or such unremarried spouse who timely elected individual coverage shall
continue to pay at intervals determined by the president one-quarter of
the full cost of dependent coverage and provided further, that, with
regard to employees of the State, where and to the extent that an agree-
ment pursuant to article fourteen of this chapter so provides, or where
the director of employee relations, with respect to employees of the
State who are not included within a negotiating unit so recognized or
certified pursuant to article fourteen of this chapter whom the director
of employee relations determines should be declared eligible for the
continuation of health [insurance] BENEFIT plans for the survivors of
such employees of the State, the president shall adopt regulations
providing for the continuation of such health [insurance] BENEFIT OR
BENEFITS by the unremarried spouse of an active employee of the State
who died on or after April first nineteen hundred seventy-nine who
elects to continue dependent coverage, or such unremarried spouse who
elects individual coverage, and upon such election shall pay at inter-
vals determined by the president one-quarter of the full cost of depend-
ent coverage and, provided further with respect to enrolled employees of
a political subdivision or public authority in a negotiating unit recog-
nized or certified pursuant to article fourteen of this chapter, where
an agreement negotiated pursuant to said article so provides, and with
respect to enrolled employees of a political subdivision or public
authority not included within a negotiating unit so recognized or certi-
fied, at the discretion of the appropriate political subdivision or
public authority, the unremarried spouse of an active employee of the
political subdivision or of the public authority who died on or after
April first nineteen hundred seventy-five, may elect to continue depend-
ent coverage or such unremarried spouse may elect individual coverage
and upon such election shall pay at intervals determined by the presi-
dent one-quarter of the full cost of dependent coverage.
The president shall adopt such regulations as may be required to carry
out the provisions of this subdivision which shall include, but need not
be limited to, provisions for filing application for continued coverage.
Notwithstanding any law to the contrary, the survivors of any employee
subject to this section shall be entitled to the health [insurance]
benefits granted pursuant to this section, provided that such employee
died while on active duty other than for training purposes, pursuant to
Title 10 of the United States Code, with the armed forces of the United
States, and such member died on such active duty on or after the effec-
tive date of [the] chapter ONE HUNDRED FIVE of the laws of two thousand
five [which added this paragraph] as a result of injuries, disease or
other medical condition sustained or contracted in such active duty with
the armed forces of the United States.
S. 6606--A 168 A. 9706--A
S 7. Paragraph (a) of subdivision 1 and subdivisions 2, 4, 5 and 6 of
section 167 of the civil service law, paragraph (a) of subdivision 1 as
amended by chapter 582 of the laws of 1988, subdivision 2 as amended by
chapter 534 of the laws of 1998, subdivision 4 as amended by chapter 407
of the laws of 1970, subdivision 5 as amended by chapter 617 of the laws
of 1967, and subdivision 6 as amended by section 2 of part C of chapter
56 of the laws of 2006, are amended to read as follows:
(a) The full cost of premium or subscription charges for the coverage
of retired state employees who are enrolled in the statewide and the
supplementary health [insurance] BENEFIT plans established pursuant to
this article and who retired prior to January first, nineteen hundred
eighty-three shall be paid by the state. Nine-tenths of the cost of
premium or subscription charges for the coverage of state employees and
retired state employees retiring on or after January first, nineteen
hundred eighty-three who are enrolled in the statewide and supplementary
health [insurance] BENEFIT plans shall be paid by the state. Three-
quarters of the cost of premium or subscription charges for the coverage
of dependents of such state employees and retired state employees shall
be paid by the state. Except as provided in paragraph (b) of this subdi-
vision, the state shall contribute toward the premium or subscription
charges for the coverage of each state employee or retired state employ-
ee who is enrolled in an optional benefit plan and for the dependents of
such state employee or retired state employee the same dollar amount
which would be paid by the state for the premium or subscription charges
for the coverage of such state employee or retired state employee and
his or her dependents if he or she were enrolled in the statewide and
the supplementary health [insurance] BENEFIT plans, but not in excess of
the premium or subscription charges for the coverage of such state
employee or retired state employee and his or her dependents under such
optional benefit plan. For purposes of this subdivision, employees of
the state colleges of agriculture, home economics, industrial labor
relations, and veterinary medicine, the state agricultural experiment
station at Geneva, and any other institution or agency under the manage-
ment and control of Cornell university as the representative of the
board of trustees of the state university of New York, and employees of
the state college of ceramics under the management and control of Alfred
university as the representative of the board of trustees of the state
university of New York, shall be deemed to be state employees whose
salaries or compensation are paid directly by the state.
2. Each participating employer shall be required to pay not less than
fifty percentum of the cost of premium or subscription charges for the
coverage of its employees and retired employees who are enrolled in the
statewide only or the statewide and comparable supplementary health
[insurance] BENEFIT plans established pursuant to this article. Such
employer shall be required to pay not less than thirty-five percentum of
the cost of premium or subscription charges for the coverage of depen-
dents of such employees and retired employees. Such employer shall
contribute toward the premium or subscription charges for the coverage
of each employee or retired employee who is enrolled in an optional
benefit plan and for the dependents of such employee or retired employee
the same dollar amount which would be paid by such employer for the
premium or subscription charges for the coverage of such employee or
retired employee and his or her dependents if he or she were enrolled in
the statewide health [insurance] BENEFIT plan, but not in excess of the
premium or subscription charges for the coverage of such employee or
retired employee and his or her dependents under such optional benefit
S. 6606--A 169 A. 9706--A
plan. Such employer shall not be required to pay the cost of premium or
subscription charges for the coverage of unpaid elected officials, or
unpaid board members of a public authority, or their dependents,
provided, however that no unpaid board member of a public authority
shall be eligible to participate in such [insurance] BENEFIT plan until
he or she has served in such position for at least six months. Subject
to such regulations as the president may prescribe, any participating
employer may elect to pay higher rates of contribution for the coverage
of employees, retired employees and their dependents; provided, however,
that if a participating employer elects to pay a higher or lower rate of
contribution for its retired employees or their dependents, or both,
than that paid by the state for its retired employees or their depen-
dents, or both, amounts withheld from the retirement allowances of such
retired employees for their share of premium or subscription charges, if
any, shall, if the president so requires, be paid to such participating
employer which shall pay into the health insurance fund the full cost of
premium or subscription charges for the coverage of such retired employ-
ees and their dependents. Such election shall be exercised by the
adoption of a resolution by its governing body which, if required by law
to be approved by any other body or officer, shall have been so
approved.
4. Upon the retirement, on or after July first, nineteen hundred
sixty-five, of a state employee whose salary or compensation is paid
directly by the state, who is subject to a plan established by law,
rule, regulation, written order or written policy which provides for the
regular earning and accumulation of sick leave, and who is eligible to
continue coverage under the health [insurance] BENEFIT plan after
retirement, the department [of civil service] shall determine, based on
the employee's age at the time of retirement, the actuarial equivalent
in monthly installments for the remaining life expectancy of such
retired employee, of the dollar value of the earned and accumulated but
unused sick leave standing to his OR HER credit at the time of retire-
ment, without interest. Such dollar value shall be based on the employ-
ee's salary at the time of retirement. In addition to regular employer
contributions, contributions in the amount of such monthly installments
shall be paid from the state's appropriation to the health insurance
fund and applied towards the charges for health [insurance] BENEFITS on
account of such retired employee and his OR HER dependents, to the
extent necessary to pay such charges. The remaining amount, if any,
necessary to pay such charges shall be contributed by such retired
employee. On or after October first, nineteen hundred seventy when such
dollar value of such sick leave amounts to less than one hundred dollars
for a particular retired employee, in lieu of contributions which would
otherwise be required from such retired employee, additional contrib-
utions shall be paid for the state's appropriation to the health insur-
ance fund and applied towards the charges for health [insurance] BENE-
FITS on account of such retired employee and his OR HER dependents until
the sum of such additional contributions equals such dollar value of
such sick leave. The remaining amount, if any, necessary to pay such
charges shall be contributed by such retired employee. For purposes of
this subdivision, employees of the state colleges of agriculture, home
economics, industrial labor relations, and veterinary medicine, the
state agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state university of
New York, and employees of the state college of ceramics under the
S. 6606--A 170 A. 9706--A
management and control of Alfred university as the representative of the
board of trustees of the state university of New York, shall be deemed
to be state employees whose salaries or compensation is paid directly by
the state.
5. Subject to such regulations as the president may prescribe, any
participating employer may elect to make additional contributions
towards charges for health [insurance] BENEFIT coverage on account of
its retired employees and their dependents, based on the dollar value of
their sick leave accumulated but unused at the time of retirement. Such
election shall apply to employees in the service of the participating
employer who retire on or after the effective date of such election, who
are subject to a plan established by law, rule, regulation, written
order or written policy which provides for the regular earning and accu-
mulation of sick leave, and who are eligible to continue coverage under
the health [insurance] BENEFIT plan after retirement. The participating
employer shall certify to the department [of civil service] the dollar
value of earned and accumulated but unused sick leave standing to the
credit of an employee at the time of his OR HER retirement. Additional
contributions shall be paid by such participating employer and applied
towards charges for health [insurance] BENEFITS on account of its
retired employees and their dependents in the same manner as provided in
subdivision four of this section with respect to retired state employees
and their dependents.
6. There is hereby created a health insurance fund which shall be
available without fiscal year limitation for premium or subscription
charge payments, FOR PAYMENT OF HEALTH BENEFITS TO PLAN PARTICIPANTS,
AND FOR ADMINISTRATIVE SERVICES under any contract or contracts
purchased in accordance with this article. The amounts withheld from
employees and retired employees under subdivision three of this section,
all amounts appropriated by the state to such health insurance fund, and
all amounts contributed by any participating employer pursuant to subdi-
vision two of this section, shall be credited to such health insurance
fund. The income derived from any dividends, premium rate adjustments or
other refunds under any such contract or contracts shall be credited to
such fund and retained therein as a special reserve for adverse fluctu-
ation in future charges under any such contract or contracts. Any inter-
est earned by the investment of moneys in such health insurance fund
shall be added to such special reserve, become a part of such special
reserve, and be used for the purpose of such special reserve.
S 8. Section 167-a of the civil service law, as added by chapter 602
of the laws of 1966, is amended to read as follows:
S 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health [insurance] BENEFIT plan of supplementa-
ry medical insurance benefits for which an active or retired employee or
a dependent covered by the health [insurance] BENEFIT plan is or would
be eligible under the federal old-age, survivors and disability insur-
ance program, an amount equal to the premium charge for such supplemen-
tary medical insurance benefits for such active or retired employee and
his OR HER dependents, if any, shall be paid monthly or at other inter-
vals to such active or retired employee from the health insurance fund.
Where appropriate, such amount may be deducted from contributions paya-
ble by the employee or retired employee; or where appropriate in the
case of a retired employee receiving a retirement allowance, such amount
may be included with payments of his OR HER retirement allowance.
Employer contributions to the health insurance fund shall be adjusted as
necessary to provide for such payments.
S. 6606--A 171 A. 9706--A
S 9. Section 168 of the civil service law, as amended by chapter 329
of the laws of 1960, subdivisions 1 and 2 as amended by chapter 585 of
the laws of 1968 and subdivision 3 as amended by chapter 198 of the laws
of 1966, is amended to read as follows:
S 168. Assessment of certain costs. 1. If the salary or compensation
of any officers and employees of the state is paid from a special or
administrative fund or funds, other than the state purposes fund or the
local assistance fund of the general fund of the state or the capital
construction fund or an income fund of the state university or the
mental hygiene services fund, such fund or funds shall be charged, and
there shall be paid therefrom as [hereinafter] provided IN THIS SECTION
the employer's share of the premium for the coverage of such officers
and employees under the health [insurance] BENEFIT plan. If the amounts
appropriated or allocable from such special or administrative fund or
funds are insufficient for such purpose, the director of the budget is
hereby authorized to allocate such additional sums from such fund or
funds as may be necessary therefor; provided, however, that no transfer
shall be made between two or more of such funds. Such amounts shall be
paid, at such times as shall be required by the president, to the
commissioner of taxation and finance and shall be credited to the health
insurance fund to pay, or reimburse the health insurance fund for the
payment of, the employer's share of the premium for coverage of such
officers and employees under the health [insurance] BENEFIT plan.
2. If the salary or compensation of any officers and employees of the
state is payable from a special or administrative fund or funds, other
than the state purposes fund or the local assistance fund of the general
fund of the state or the capital construction fund or an income fund of
the state university or the mental hygiene services fund, a propor-
tionate share of the expenses of administration of the health [insur-
ance] BENEFIT plan, on account of coverage of such officers and employ-
ees, shall be payable from such fund or funds. If the amounts
appropriated or allocable from such special or administrative fund or
funds are insufficient for such purpose, the director of the budget is
hereby authorized to allocate such additional sums from such funds or
funds as may be necessary therefor; provided, however, that no transfer
shall be made between two or more of such funds. The proportionate share
of the expenses of administration of the health [insurance] BENEFIT plan
chargeable pursuant to this subdivision to any special or administrative
fund shall be determined by the president and shall be payable at such
times as may be fixed by him OR HER. Such sums shall be payable to the
commissioner of taxation and finance and shall be applied to the
reimbursement of funds previously advanced for the expenses of adminis-
tration of the health [insurance] BENEFIT plan.
3. (a) If the salary or compensation of any justices, judges, officers
and employees of the supreme court, surrogate's court, county court,
family court, civil court of the city of New York, criminal court of the
city of New York and district court in any county, officers and employ-
ees of the office of probation for the courts of New York city is not
paid in whole or in part from the treasury of the state, but is paid
directly from the treasury of a civil division, such civil division
shall be required to pay the employer's share of the premium charges for
the coverage of such justices, judges, officers and employees under the
state health [insurance] BENEFIT plan. The appropriate fiscal officer of
such civil division shall deduct from the salary or wages paid to such
justices, judges, officers and employees the sums required to be paid by
them under such plan. Such deductions and the corresponding employer's
S. 6606--A 172 A. 9706--A
share of premium charges shall be paid, at such times as required by the
president, to the commissioner of taxation and finance and shall be
credited to the health insurance fund.
(b) If the salary or compensation of any retired justices, judges,
officers and employees of the supreme court, surrogate's court, county
court, family court, civil court of the city of New York, criminal court
of the city of New York and district court in any county, officers and
employees of the office of probation for the courts of New York city
prior to retirement was not paid in whole or in part from the treasury
of the state but was paid directly from the treasury of a civil divi-
sion, such civil division shall be required to pay the employer's share
of the premium charges for the coverage of such retired justices, judg-
es, officers and employees under the state health [insurance] BENEFIT
plan. If such retired justices, judges, officers and employees are
receiving retirement allowances from a pension or retirement plan or
system administered by such civil division, the amounts required to be
paid by such retired justices, judges, officers and employees as their
share of premium charges shall be deducted from their retirement allow-
ances. Such deductions and the employer's share of premium charges shall
be paid, at such times as required by the president, to the commissioner
of taxation and finance and shall be credited to the health insurance
fund.
(c) Any civil division required by this subdivision to pay the employ-
er's share of the premium charges for the coverage of active or retired
justices, judges, officers and employees of the supreme court, surro-
gate's court, county court, family court, civil court of the city of New
York, criminal court of the city of New York and district court in any
county, officers and employees of the office of probation for the courts
of New York city shall also be assessed and required to pay a propor-
tionate share of the expenses of administration of the health [insur-
ance] BENEFIT plan in such amounts and at such times as determined by
the president. Such sums shall be payable to the commissioner of taxa-
tion and finance and shall be applied to the reimbursement of funds
previously advanced for the expenses of administration of the health
[insurance] BENEFIT plan.
S 10. Subdivisions 1 and 3 of section 161-a of the civil service law,
subdivision 1 as amended by chapter 302 of the laws of 1985 and subdivi-
sion 3 as added by chapter 307 of the laws of 1979, are amended to read
as follows:
1. Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to article fourteen of
this chapter provides for health [insurance] benefits, the president,
after receipt of written directions from the director of employee
relations, shall implement the provisions of such agreement consistent
with the terms thereof and to the extent necessary shall adopt regu-
lations providing for the benefits to be thereunder provided. The presi-
dent, with the approval of the director of the budget, may extend such
benefits, in whole or in part, to employees not subject to the
provisions of such agreement.
3. There is hereby created a council on employee health insurance to
supervise the administration of changes to the health [insurance] BENE-
FIT plan negotiated in collective negotiations and to provide continuing
policy direction to insurance plans administered by the state the
provisions of any other law to the contrary notwithstanding. The council
shall consist of the president [of the civil service commission], the
S. 6606--A 173 A. 9706--A
director of the division of the budget, and the director of employee
relations.
S 11. Paragraph (a) of subdivision 1 of section 11 of the civil
service law, as amended by chapter 299 of the laws of 1968, is amended
to read as follows:
(a) The term "expenses of administration" means the total cost of
administration of the department [of civil service], excluding costs of
providing services to municipalities and costs of administration of the
health [insurance] BENEFIT plan, and excluding costs of special programs
or activities of the department as may be determined by the president,
subject to approval of the director of the budget, which do not serve
generally all state departments and agencies under the jurisdiction of
the department;
S 12. Section 158 of the civil service law, as added by chapter 1047
of the laws of 1973, subdivision 1 as amended by section 4 of part C of
chapter 56 of the laws of 2006, is amended to read as follows:
S 158. Group term life insurance plan and group accident and health
[insurance] BENEFIT plan. 1. The president, subject to the provisions of
this section, is hereby empowered to establish regulations relating to,
and to enter into and administer contracts providing for, a group term
life insurance plan, and a group accident and health [insurance] BENEFIT
plan on behalf of legislators, employees of the legislature hired on an
annual basis, judges and justices of the unified court system, and state
employees and retired employees who, for the purposes of article four-
teen of this chapter, have been for a period of time prescribed by the
regulations and, except for such retirees, continue to be in positions
designated as managerial or confidential positions. The president may
authorize the inclusion in the plan of such employees and retired
employees of other governments or public employers as defined in subdi-
vision [seven] SIX of section two hundred one of this chapter. The pres-
ident may adopt whatever other regulations which may be necessary to
fulfill the intentions of this section. No regulation shall be adopted,
repealed or amended, and no other action taken with respect to such
employees affecting the amount of, or eligibility for, benefits or rates
of contribution under this section without the approval of the director
of employee relations.
The full costs of any insurance program or programs established pursu-
ant to this subdivision, excluding administrative costs, shall be borne
by insureds and retirees. Any interest earned by the moneys in the life
insurance fund shall be added to such fund, become a part of such fund,
be used for the purpose of such fund, and be available without fiscal
year limitation.
2. The regulations of the president authorized by this section shall
provide that the entire cost of premiums or subscription charges for
coverage under the insurance plans established pursuant to such regu-
lations shall be borne by the employees electing such coverage. Such
regulations may provide for the allocation of any administrative
expenses, other than those of the insurer, among employers or employees
or retired employees participating in such coverage.
S 13. Subdivision 1 of section 174 of the civil service law, as added
by chapter 585 of the laws of 1998, is amended to read as follows:
1. All persons who, as of the effective date of this article, are or
shall become eligible to participate in the state health [insurance]
BENEFIT plan established under article eleven of this chapter, shall be
eligible to participate in the long term care insurance plan established
under this article. The president shall adopt regulations prescribing
S. 6606--A 174 A. 9706--A
the conditions under which an eligible individual may elect to partic-
ipate in the long term care insurance plan.
S 14. The article heading of article 11 of the civil service law, as
added by chapter 461 of the laws of 1956 and such article as renumbered
by chapter 790 of the laws of 1958, is amended to read as follows:
HEALTH [INSURANCE] BENEFITS FOR STATE AND RETIRED STATE EMPLOYEES
S 15. Subparagraph (i) of paragraph f of subdivision 2 of section 5 of
the state finance law, as added by section 1 of part E of chapter 56 of
the laws of 2000, is amended to read as follows:
(i) in the unclassified service of the state and, notwithstanding any
other provision of law to the contrary, shall be designated managerial
and, as such, eligible for benefits provided by subdivision two of
section eleven and subdivision (a) of section twelve of chapter four
hundred sixty of the laws of nineteen hundred eighty-two, as amended;
section one hundred fifty-eight of the civil service law; eligible to
participate in the state deferred compensation plan, the New York state
and local employees' retirement system; the health [insurance] BENEFIT
plan for state employees; and subject to coverage under sections seven-
teen and eighteen of the public officers law, or
S 16. Subdivisions 1 and 3 of section 99-c of the state finance law,
as added by chapter 55 of the laws of 1977, are amended to read as
follows:
1. In the event a county, city, town, village or school district which
has elected to receive distribution or distributions from the health
insurance reserve receipts fund, pursuant to an agreement between such
municipality or school district and the state and which has elected to
terminate its contractual agreement for health [insurance] BENEFITS with
the New York state department of civil service, or if called upon by the
New York state department of civil service, pursuant to such agreement,
to return such distribution within the time period and under the condi-
tions specified in such agreement, shall be in default of its obligation
to repay such distribution, the allotment, apportionment, and payment of
local assistance aid, education aid or other state aid as appropriate
and as determined by the comptroller shall be withheld by the state upon
the following terms and conditions.
3. Notwithstanding any inconsistent provisions of law, the comptroller
shall establish a fund, to be called the health insurance reserve
receipts fund, to receive transfers of funds from the health insurance
carriers OR THE PLAN ADMINISTRATOR OR ADMINISTRATORS of the New York
state employee health [insurance] BENEFIT plan, pursuant to contractual
agreements between such carriers and the New York state department of
civil service and/or from the health insurance fund. Moneys returned by
the municipalities and school districts or withheld from state aid by
the comptroller pursuant to provisions governing termination of the
contractual agreements shall be deposited in this fund. Disbursements
from the health insurance reserve receipts fund shall be [for the
purpose of returning to participating governments and school districts
the appropriate share of moneys remitted by such health insurance carri-
ers and/or] for the purpose of remitting to the carriers any moneys due
them as a result of termination of the state's contract with the carri-
ers or termination of agreements between the state and municipalities
and school districts and/or for the purpose of transferring funds to the
health insurance fund. Disbursements from such fund shall be made pursu-
ant to the procedures for authorization of expenditures contained in
article [XI] ELEVEN of the civil service law upon the issuance of a
S. 6606--A 175 A. 9706--A
certificate of approval of availability by the director of the budget
and subject to audit and warrant of the comptroller.
S 17. Subdivision 2 of section 9.09 of the parks, recreation and
historic preservation law is amended to read as follows:
2. For the purposes of eligibility for participation in the state
health [insurance] BENEFIT plan under article eleven of the civil
service law and for survivor's benefits for active and retired state
employees [as provided by sections one hundred fifty-four and one
hundred fifty-five of the civil service law], employees of the commis-
sion, to the extent to which the compensation paid for their services is
derived from funds appropriated by this state, shall be deemed to be
employees of this state and qualified for such participation and bene-
fits. For the purpose of determining their rights under the [workmen's]
WORKERS' compensation law of this state, employees of the commission
employed wholly or partly in this state shall be deemed to be employees
of this state provided, however, that the amount of any payment made
under such compensation law to an employee of the commission employed
only partly in this state shall be only in such proportion as the amount
of his OR HER salary paid by the state of New York shall bear to his OR
HER total salary.
S 18. Subsection (b) of section 1101 of the insurance law is amended
by adding a new subparagraph 6 to read as follows:
(6) NOTWITHSTANDING THE FOREGOING, THE ELECTION BY THE PRESIDENT OF
THE CIVIL SERVICE COMMISSION TO PROVIDE HEALTH BENEFITS DIRECTLY TO NEW
YORK STATE HEALTH BENEFIT PLAN PARTICIPANTS SHALL NOT CONSTITUTE THE
DOING OF INSURANCE BUSINESS WITHIN THE MEANING OF ARTICLE ELEVEN OF THE
INSURANCE LAW.
S 19. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.
PART U
Section 1. Section 167-a of the civil service law, as added by chapter
602 of the laws of 1966, is amended to read as follows:
S 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health insurance plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health insurance plan is or would be eligible under
the federal old-age, survivors and disability insurance program, an
amount equal to the premium charge for such supplementary medical insur-
ance benefits for such active or retired employee and his OR HER depen-
dents, if any, shall be paid monthly or at other intervals to such
active or retired employee from the health insurance fund. Where appro-
priate, such amount may be deducted from contributions payable by the
employee or retired employee; or where appropriate in the case of a
retired employee receiving a retirement allowance, such amount may be
included with payments of his OR HER retirement allowance. [Employer]
ALL STATE EMPLOYER, EMPLOYEE, RETIRED EMPLOYEE AND DEPENDENT CONTRIB-
UTIONS TO THE HEALTH INSURANCE FUND SHALL BE ADJUSTED AS NECESSARY TO
PROVIDE FOR PAYMENT OF PREMIUM CHARGES UNDER THIS SECTION. ALL OTHER
EMPLOYER contributions to the health insurance fund shall be adjusted as
necessary to provide for such payments.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.
PART V
S. 6606--A 176 A. 9706--A
Section 1. The retirement and social security law is amended by adding
a new section 16-e to read as follows:
S 16-E. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO THOUSAND NINE
AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL DETERMINE THE
AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFICIENCY
PAYMENTS, ADJUSTMENTS RELATING TO PRIOR TO FISCAL YEARS' OBLIGATIONS AND
OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLIGATIONS
THAT THE STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS) REQUIRED TO BE
PAID PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN. THE AMOUNT BY WHICH
THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND ELEVEN EXCEEDS NINE AND ONE-HALF PERCENT OF
THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND ELEVEN SHALL BE THE "AMOUNT ELIGIBLE FOR
AMORTIZATION." THE "AMOUNT ELIGIBLE FOR AMORTIZATION" MAY BE AMORTIZED
OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO BE
DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE
AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A
MARKET RATE OF RETURN ON TAXABLE FIXED RATE SECURITIES WITH SIMILAR
TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS
PAYABLE DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
TWELVE.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN, PAY A LESSER AMOUNT DURING THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN WHICH SHALL
BE DETERMINED BY THE COMPTROLLER TO EQUAL THE FOLLOWING AMOUNT:
THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST, TWO
THOUSAND ELEVEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A OF THIS
ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE
FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE, CALCULATED PURSUANT TO SECTION TWEN-
TY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION), LESS THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SECTION
SIXTEEN-F OF THIS TITLE, IF APPLICABLE, AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTION
SIXTEEN-C AND SIXTEEN-D OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL
BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING THE APPLICABLE
AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT
THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR
AMORTIZATION," DETERMINED PURSUANT TO BOTH SUCH SECTIONS SUBJECT TO THE
FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND TEN, IN ADDITION TO ADVIS-
ING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR
THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT TO
SECTIONS SIXTEEN-C AND SIXTEEN-D OF THIS TITLE AND PURSUANT TO THIS
S. 6606--A 177 A. 9706--A
SECTION, THE COMPTROLLER SHALL ADVISE THE STATE OF THE TOTAL AMOUNT DUE
AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 2. The retirement and social security law is amended by adding a new
section 16-f to read as follows:
S 16-F. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO THOUSAND TEN
AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL DETERMINE THE
AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFICIENCY
PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS AND
OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLIGATIONS
THAT THE STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS) REQUIRED TO BE
PAID PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE. THE AMOUNT BY WHICH
THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE EXCEEDS TEN AND ONE-HALF PERCENT OF
THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE SHALL BE THE "AMOUNT ELIGIBLE FOR
AMORTIZATION." THE "AMOUNT ELIGIBLE FOR AMORTIZATION" MAY BE AMORTIZED
OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO BE
DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE
AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A
MARKET RATE OF RETURN ON TAXABLE FIXED RATE SECURITIES WITH SIMILAR
TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS
PAYABLE DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
THIRTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, PAY A LESSER AMOUNT DURING THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE WHICH SHALL
BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING TWO AMOUNTS
TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND TWELVE, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS
SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING THREE AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN, CALCULATED PURSUANT TO SECTION
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS
S. 6606--A 178 A. 9706--A
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SECTION
SIXTEEN-G OF THIS ARTICLE, IF APPLICABLE,
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
SIXTEEN-C, SIXTEEN-D, AND SIXTEEN-E OF THIS TITLE AND PURSUANT TO THIS
SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING THE
APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY
TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION," DETERMINED PURSUANT TO BOTH SUCH SECTIONS SUBJECT
TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND ELEVEN, IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS SIXTEEN-C, SIXTEEN-D, AND SIXTEEN-E OF THIS TITLE AND PURSU-
ANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE STATE OF THE TOTAL
AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 3. The retirement and social security law is amended by adding a new
section 16-g to read as follows:
S 16-G. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO THOUSAND
ELEVEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL DETERMINE
THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFI-
CIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS
AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLI-
GATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS)
REQUIRED TO BE PAID PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE
FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN.
THE AMOUNT BY WHICH THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN EXCEEDS ELEVEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION." THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO
THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED
RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING THE FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, PAY A LESSER AMOUNT DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN WHICH
S. 6606--A 179 A. 9706--A
SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING THREE
AMOUNTS TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND THIRTEEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS
SECTION;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING FOUR AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN, CALCULATED PURSUANT TO SECTION
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION), LESS
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SECTION
SIXTEEN-H OF THIS BILL, IF APPLICABLE,
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE, AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, AND SIXTEEN-F OF THIS TITLE AND PURSU-
ANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR
DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE
THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE
"AMOUNT ELIGIBLE FOR AMORTIZATION," DETERMINED PURSUANT TO BOTH SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND TWELVE, IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTION SIXTEEN-C, SIXTEEN-D, SIXTEEN-E AND SIXTEEN-F OF THIS TITLE
AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE STATE OF
THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF
SAID AMOUNT FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
THIRTEEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 4. The retirement and social security law is amended by adding a new
section 16-h to read as follows:
S 16-H. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
S. 6606--A 180 A. 9706--A
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO THOUSAND
TWELVE AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL DETERMINE
THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFI-
CIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS
AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLI-
GATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS)
REQUIRED TO BE PAID PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE
FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
THE AMOUNT BY WHICH THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN EXCEEDS TWELVE AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION." THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO
THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED
RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING THE FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, PAY A LESSER AMOUNT DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN WHICH
SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING FOUR
AMOUNTS TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND FOURTEEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS
SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING FIVE AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN, CALCULATED PURSUANT TO SECTION TWEN-
TY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SECTION
SIXTEEN-I OF THIS TITLE, IF APPLICABLE,
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
S. 6606--A 181 A. 9706--A
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, AND SIXTEEN-G OF THIS TITLE
AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT
FISCAL YEAR DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER
SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING
BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION," DETERMINED PURSUANT
TO BOTH SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND THIRTEEN, IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, AND SIXTEEN-G OF
THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE
THE STATE OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAY-
MENT IN FULL OF SAID AMOUNT FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST,
TWO THOUSAND FOURTEEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 5. The retirement and social security law is amended by adding a new
section 16-i to read as follows:
S 16-I. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO THOUSAND
THIRTEEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL DETER-
MINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE,
DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLI-
GATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER
OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS)
REQUIRED TO BE PAID PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE
FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE
AMOUNT BY WHICH THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN EXCEEDS THIRTEEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION." THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO
THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED
RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING THE FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, PAY A LESSER AMOUNT DURING THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN WHICH SHALL
S. 6606--A 182 A. 9706--A
BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING FIVE AMOUNTS
TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND FIFTEEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS
SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING SIX AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH THIRTY-
FIRST, TWO THOUSAND SIXTEEN, CALCULATED PURSUANT TO SECTION
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SECTION
SIXTEEN-J OF THIS TITLE, IF APPLICABLE,
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, SIXTEEN-G, AND SIXTEEN-H OF
THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH
SUBSEQUENT FISCAL YEAR DURING THE APPLICABLE AMORTIZATION PERIOD. THE
COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE
REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION," DETERMINED
PURSUANT TO BOTH SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND FOURTEEN, IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, SIXTEEN-G AND
SIXTEEN-H OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO
S. 6606--A 183 A. 9706--A
ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 6. The retirement and social security law is amended by adding a new
section 16-j to read as follows:
S 16-J. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO THOUSAND
FOURTEEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL DETER-
MINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE,
DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLI-
GATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER
OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS)
REQUIRED TO BE PAID PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE
FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN. THE
AMOUNT BY WHICH THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN EXCEEDS FOURTEEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION." THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO
THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED
RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING THE FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, PAY A LESSER AMOUNT DURING THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN WHICH SHALL
BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SIX AMOUNTS
TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND SIXTEEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS
SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-I OF
THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
S. 6606--A 184 A. 9706--A
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING SEVEN AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN, CALCULATED PURSUANT TO SECTION
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION);
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-I OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(7) THE SIXTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, SIXTEEN-G, SIXTEEN-H AND
SIXTEEN-I OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND
PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING THE APPLICABLE AMORTIZATION
PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAY-
MENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION,"
DETERMINED PURSUANT TO BOTH SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND FIFTEEN, IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, SIXTEEN-G,
SIXTEEN-H AND SIXTEEN-I OF THIS TITLE AND PURSUANT TO THIS SECTION, THE
COMPTROLLER SHALL ADVISE THE STATE OF THE TOTAL AMOUNT DUE AND BE
AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 7. Paragraph 2 of subdivision b of section 23-a of the retirement
and social security law, as added by section 1 of part A of chapter 49
of the laws of 2003, is amended to read as follows:
2. requiring a minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives or any
other obligations that the state or participating employer is permitted
S. 6606--A 185 A. 9706--A
to pay on an amortized basis) equal to [four] FIVE and one-half percent
of pensionable salaries. Effective immediately upon implementation by
the comptroller of the comprehensive structural reform program set forth
in this section, and in all subsequent years, participating employers
shall pay either the required annual contribution determined under the
revised schedule pertaining to the valuation, billing and payment of
contributions pursuant to paragraph one of this subdivision, or the
required minimum annual contribution of [four] FIVE and one-half percent
of pensionable salaries, whichever is greater; and
S 8. The retirement and social security law is amended by adding a new
section 316-e to read as follows:
S 316-E. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILLS
FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO
THOUSAND NINE AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND ELEVEN. THE AMOUNT BY WHICH THE CONTRIBUTION
AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOU-
SAND ELEVEN EXCEEDS SEVENTEEN AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND ELEVEN SHALL BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED OVER A TEN-YEAR
PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE
FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY
COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN
WHICH SHALL BE DETERMINED BY THE COMPTROLLER EQUALING THE FOLLOWING
AMOUNT,
THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST, TWO
THOUSAND ELEVEN, CALCULATED PURSUANT TO SECTION THREE HUNDRED
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVI-
SION A OF THIS SECTION.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE, CALCULATED PURSUANT TO SECTION THREE
HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS
SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSU-
ANT TO SECTION THREE HUNDRED SIXTEEN-F OF THIS TITLE, IF APPLICABLE;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
S. 6606--A 186 A. 9706--A
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SIXTEEN-C AND THREE HUNDRED SIXTEEN-D OF THIS TITLE AND
PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL
YEAR DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL
HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO BOTH SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND TEN IN ADDITION TO ADVIS-
ING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR
THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT TO
SECTIONS THREE HUNDRED SIXTEEN-C AND THREE HUNDRED SIXTEEN-D OF THIS
TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE
STATE OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN
FULL OF SAID AMOUNT FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND ELEVEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 9. The retirement and social security law is amended by adding a new
section 316-f to read as follows:
S 316-F. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILLS
FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO
THOUSAND TEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE. THE AMOUNT BY WHICH THE CONTRIBUTION
AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOU-
SAND TWELVE EXCEEDS EIGHTEEN AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND TWELVE SHALL BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED OVER A TEN-YEAR
PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE
FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY
COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE
WHICH SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING TWO
AMOUNTS TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND TWELVE, CALCULATED PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE
S. 6606--A 187 A. 9706--A
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A
OF THIS SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E OF THIS
TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING THREE AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN, CALCULATED PURSUANT TO SECTION
THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS
SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSU-
ANT TO SECTION THREE HUNDRED SIXTEEN-G OF THIS ARTICLE, IF APPLICABLE;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-E OF THIS ARTICLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, AND THREE HUNDRED
SIXTEEN-E OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND
PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING THE APPLICABLE AMORTIZATION
PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAY-
MENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
DETERMINED PURSUANT TO BOTH SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND ELEVEN IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, AND THREE
HUNDRED SIXTEEN-E OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMP-
TROLLER SHALL ADVISE THE STATE OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED
TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR THE FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND TWELVE.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 10. The retirement and social security law is amended by adding a
new section 316-g to read as follows:
S 316-G. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILLS
FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO
THOUSAND ELEVEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN. THE AMOUNT BY WHICH THE CONTRIB-
UTION AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
S. 6606--A 188 A. 9706--A
THOUSAND THIRTEEN EXCEEDS NINETEEN AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND THIRTEEN SHALL BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED OVER A TEN-YEAR
PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE
FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY
COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN
WHICH SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING
THREE AMOUNTS TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND THIRTEEN, CALCULATED PURSUANT TO SECTION THREE HUNDRED
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVI-
SION A OF THIS SECTION;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-F OF THIS
TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E OF THIS
TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING FOUR AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN, CALCULATED PURSUANT TO SECTION
THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS
SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT
TO SECTION THREE HUNDRED SIXTEEN-H OF THIS TITLE, IF APPLICABLE;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION;
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-F OF THIS ARTICLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-E OF THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, THREE HUNDRED
SIXTEEN-E, AND THREE HUNDRED SIXTEEN-F OF THIS TITLE AND PURSUANT TO
THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING
THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE
AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO BOTH SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND TWELVE IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, THREE
HUNDRED SIXTEEN-E, AND THREE HUNDRED SIXTEEN-F OF THIS TITLE AND PURSU-
S. 6606--A 189 A. 9706--A
ANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE STATE OF THE TOTAL
AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIR-
TEEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 11. The retirement and social security law is amended by adding a
new section 316-h to read as follows:
S 316-H. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILLS
FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO
THOUSAND TWELVE AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN. THE AMOUNT BY WHICH THE CONTRIB-
UTION AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND FOURTEEN EXCEEDS TWENTY AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND FOURTEEN SHALL BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED OVER A TEN-YEAR
PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE
FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY
COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN
WHICH SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING
FOUR AMOUNTS TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND FOURTEEN, CALCULATED PURSUANT TO SECTION THREE HUNDRED
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVI-
SION A OF THIS SECTION;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-G OF THIS
TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-F OF THIS
TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E OF THIS
TITLE, IF APPLICABLE.
S. 6606--A 190 A. 9706--A
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING FIVE AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH THIRTY-
FIRST, TWO THOUSAND FIFTEEN, CALCULATED PURSUANT TO SECTION THREE
HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS
SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSU-
ANT TO SECTION THREE HUNDRED SIXTEEN-I OF THIS TITLE, IF APPLICABLE;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-G OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-E OF THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, THREE HUNDRED
SIXTEEN-E, THREE HUNDRED SIXTEEN-F, AND THREE HUNDRED SIXTEEN-G OF THIS
TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSE-
QUENT FISCAL YEAR DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMP-
TROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE
REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO BOTH SUCH SECTION SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND THIRTEEN IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, THREE
HUNDRED SIXTEEN-E, THREE HUNDRED SIXTEEN-F, AND THREE HUNDRED SIXTEEN-G
OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE
THE STATE OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAY-
MENT IN FULL OF SAID AMOUNT FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 12. The retirement and social security law is amended by adding a
new section 316-i to read as follows:
S 316-I. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILLS
FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO
THOUSAND THIRTEEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
S. 6606--A 191 A. 9706--A
TY-THREE-A OF THIS ARTICLE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE AMOUNT BY WHICH THE CONTRIBUTION
AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOU-
SAND FIFTEEN EXCEEDS TWENTY ONE AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND FIFTEEN SHALL BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED OVER A TEN-YEAR
PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE
FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY
COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN
WHICH SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING
FIVE AMOUNTS TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND FIFTEEN, CALCULATED PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A
OF THIS SECTION;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-H OF THIS
TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-G OF THIS
TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-F OF THIS
TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E OF THIS
TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING SIX AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN, CALCULATED PURSUANT TO SECTION THREE
HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS
SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSU-
ANT TO SECTION THREE HUNDRED SIXTEEN-J OF THIS TITLE, IF APPLICABLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-H OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-G OF THIS ARTICLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-F OF THIS TITLE, IF APPLICABLE; AND
S. 6606--A 192 A. 9706--A
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-E OF THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, THREE HUNDRED
SIXTEEN-E, THREE HUNDRED SIXTEEN-F, THREE HUNDRED SIXTEEN-G, AND THREE
HUNDRED SIXTEEN-H OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE
DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING THE APPLICABLE AMOR-
TIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE
PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO BOTH SUCH SECTION SUBJECT TO THE FOLLOW-
ING:
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND FOURTEEN IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, THREE
HUNDRED SIXTEEN-E, THREE HUNDRED SIXTEEN-F, THREE HUNDRED SIXTEEN-G, AND
THREE HUNDRED SIXTEEN-H OF THIS TITLE AND PURSUANT TO THIS SECTION, THE
COMPTROLLER SHALL ADVISE THE STATE OF THE TOTAL AMOUNT DUE AND BE
AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 13. The retirement and social security law is amended by adding a
new section 316-j to read as follows:
S 316-J. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILLS
FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO
THOUSAND FOURTEEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN. THE AMOUNT BY WHICH THE CONTRIBUTION
AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOU-
SAND SIXTEEN EXCEEDS TWENTY-TWO AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND SIXTEEN SHALL BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED OVER A TEN-YEAR
PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE
FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY
COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN
S. 6606--A 193 A. 9706--A
WHICH SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SIX
AMOUNTS TOGETHER:
(1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND SIXTEEN, CALCULATED PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A
OF THIS SECTION;
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-I OF THIS
TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-H OF THIS
TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-G OF THIS
TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-F OF THIS
TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E OF THIS
TITLE, IF APPLICABLE.
C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING SEVEN AMOUNTS TOGETHER:
(1) THE STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH THIRTY-
FIRST, TWO THOUSAND SEVENTEEN, CALCULATED PURSUANT TO SECTION THREE
HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS
SECTION);
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-I OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-H OF THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-G OF THIS TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(7) THE SIXTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-E OF THIS TITLE, IF APPLICABLE.
D. THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, THREE HUNDRED
SIXTEEN-E, THREE HUNDRED SIXTEEN-F, THREE HUNDRED SIXTEEN-G, THREE
HUNDRED SIXTEEN-H, AND THREE HUNDRED SIXTEEN-I OF THIS TITLE AND PURSU-
ANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR
DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE
THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO BOTH SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
S. 6606--A 194 A. 9706--A
(1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND FIFTEEN IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, THREE
HUNDRED SIXTEEN-E, THREE HUNDRED SIXTEEN-F, THREE HUNDRED SIXTEEN-G,
THREE HUNDRED SIXTEEN-H, AND THREE HUNDRED SIXTEEN-I OF THIS TITLE AND
PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE STATE OF THE
TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
SIXTEEN.
(2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
S 14. The retirement and social security law is amended by adding a
new section 17-e to read as follows:
S 17-E. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND TEN -- TWO THOUSAND ELEVEN FISCAL YEAR.
A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMOR-
TIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON OR
ABOUT OCTOBER FIFTEENTH, TWO THOUSAND NINE, ON THE BASIS OF THE ANNUAL
ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSUR-
ANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'
OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY
OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO PAY ON
AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPATING
EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE DUE FOR THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN. THE AMOUNT
BY WHICH SUCH CONTRIBUTION EXCEEDS NINE AND ONE-HALF PERCENT OF THE
ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH THIR-
TY-FIRST, TWO THOUSAND ELEVEN SHALL BE THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR AMORTIZATION" MAY BE
AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST PER ANNUM
TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE
OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROX-
IMATES A MARKET RATE OF RETURN ON TAXABLE FIXED RATE SECURITIES WITH
SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL
PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND TWELVE.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND ELEVEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND ELEVEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
EQUALING THE FOLLOWING AMOUNTS,
THE ENTIRE FEBRUARY FIRST, TWO THOUSAND ELEVEN BILL, CALCULATED PURSU-
ANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS
SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT
TO SUBDIVISION A OF THIS SECTION;
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND TWELVE AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING TWO AMOUNTS
TOGETHER;
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND TWELVE BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
S. 6606--A 195 A. 9706--A
THIS SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF THIS ARTICLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C, AND SEVENTEEN-D OF THIS TITLE AND PURSUANT TO THIS SECTION
SHALL BE DUE AND PAYABLE ON FEBRUARY FIRST OF EACH YEAR DURING THE
APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY
TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION" DETERMINED PURSUANT TO ALL SUCH SECTIONS SUBJECT
TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND ELEVEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTION SEVEN-
TEEN-B, SEVENTEEN-C, AND SEVENTEEN-D OF THIS TITLE AND PURSUANT TO THIS
SECTION, THE COMPTROLLER SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE
TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT BY FEBRUARY FIRST, TWO THOUSAND TWELVE.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 15. The retirement and social security law is amended by adding a
new section 17-f to read as follows:
S 17-F. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE FISCAL YEAR.
A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMOR-
TIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON OR
ABOUT OCTOBER FIFTEENTH, TWO THOUSAND TEN, ON THE BASIS OF THE ANNUAL
ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSUR-
ANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'
OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY
OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO PAY ON
AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPATING
EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE DUE FOR THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE. THE AMOUNT
BY WHICH SUCH CONTRIBUTION EXCEEDS TEN AND ONE-HALF PERCENT OF THE ESTI-
MATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE SHALL BE THE "AMOUNT ELIGIBLE FOR
AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST PER
ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID
BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH
APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED RATE SECURITIES
WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN
EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND THIRTEEN.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND TWELVE BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND TWELVE WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND TWELVE BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
S. 6606--A 196 A. 9706--A
THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS ARTICLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND THIRTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING THREE
AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND THIRTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF THIS TITLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C, SEVENTEEN-D, AND SEVENTEEN-E OF THIS TITLE, AND PURSUANT TO
THIS SECTION SHALL BE DUE AND PAYABLE ON FEBRUARY FIRST OF EACH YEAR
DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE
THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO ALL SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND TWELVE IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS SEVEN-
TEEN-B, SEVENTEEN-C, SEVENTEEN-D, AND SEVENTEEN-E OF THIS TITLE AND
PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE PARTICIPATING
EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT
IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO THOUSAND THIRTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 16. The retirement and social security law is amended by adding a
new section 17-g to read as follows:
S 17-G. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND ELEVEN, ON THE BASIS OF THE
ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER
SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO
PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPAT-
ING EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE DUE FOR
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN. THE
AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS ELEVEN AND ONE-HALF PERCENT OF
THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN SHALL BE THE "AMOUNT ELIGIBLE FOR
S. 6606--A 197 A. 9706--A
AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST PER
ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID
BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH
APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED RATE SECURITIES
WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN
EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND FOURTEEN.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND THIRTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND THIRTEEN WHICH SHALL BE DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING THREE AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND THIRTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND FOURTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING FOUR
AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FOURTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SECTION SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, AND SEVENTEEN-F OF THIS TITLE AND
PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE ON FEBRUARY FIRST OF
EACH YEAR DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER
SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING
BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO
ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND THIRTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS SEVEN-
TEEN-B, SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, AND SEVENTEEN-F OF THIS
TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE
PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO
ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO THOU-
SAND FOURTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
S. 6606--A 198 A. 9706--A
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 17. The retirement and social security law is amended by adding a
new section 17-h to read as follows:
S 17-H. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND TWELVE, ON THE BASIS OF THE
ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER
SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO
PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPAT-
ING EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE DUE FOR
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. THE
AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS TWELVE AND ONE-HALF PERCENT OF
THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL BE THE "AMOUNT ELIGIBLE FOR
AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST PER
ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID
BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH
APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED RATE SECURITIES
WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN
EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND FIFTEEN.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND FOURTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND FOURTEEN WHICH SHALL BE DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING FOUR AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FOURTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND FIFTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING FIVE
AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FIFTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SECTION SEVENTEEN-I OF THIS TITLE, IF APPLICABLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
S. 6606--A 199 A. 9706--A
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F AND SEVENTEEN-G OF
THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE ON
FEBRUARY FIRST OF EACH YEAR DURING THE APPLICABLE AMORTIZATION PERIOD.
THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF
THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETER-
MINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND FOURTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS SEVEN-
TEEN-B, SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F AND SEVEN-
TEEN-G OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL
ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHOR-
IZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO
THOUSAND FIFTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 18. The retirement and social security law is amended by adding a
new section 17-i to read as follows:
S 17-I. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND THIRTEEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMP-
TROLLER SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM
LIFE INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR
FISCAL YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT
INCENTIVES OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS
PERMITTED TO PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A
PARTICIPATING EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTI-
CLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
FIFTEEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS THIRTEEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE
FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED
RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE
APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION
OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE
FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS,
WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO
THOUSAND SIXTEEN.
S. 6606--A 200 A. 9706--A
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND FIFTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND FIFTEEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING FIVE AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FIFTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND SIXTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SIX AMOUNTS
TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SIXTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SECTION SEVENTEEN-J OF THIS TITLE, IF APPLICABLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F, SEVENTEEN-G AND
SEVENTEEN-H OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND
PAYABLE ON FEBRUARY FIRST OF EACH YEAR DURING THE APPLICABLE AMORTI-
ZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE
PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOW-
ING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND FIFTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS SEVEN-
TEEN-B, SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F, SEVENTEEN-G
AND SEVENTEEN-H OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMP-
TROLLER SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE
S. 6606--A 201 A. 9706--A
AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRU-
ARY FIRST, TWO THOUSAND SIXTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 19. The retirement and social security law is amended by adding a
new section 17-j to read as follows:
S 17-J. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO
PERMIT AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION,
THEN, ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND FOURTEEN, ON THE BASIS
OF THE ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE
COMPTROLLER SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP
TERM LIFE INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR
FISCAL YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT
INCENTIVES OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS
PERMITTED TO PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A
PARTICIPATING EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTI-
CLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
SIXTEEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS FOURTEEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE
FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED
RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE
APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION
OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE
FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS,
WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO
THOUSAND SEVENTEEN.
B. A PARTICIPATING EMPLOYER MAY, IN LIEU OF PAYING ITS ENTIRE FEBRUARY
FIRST, TWO THOUSAND SIXTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY FIRST,
TWO THOUSAND SIXTEEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER BY
ADDING THE FOLLOWING SIX AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SIXTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-I OF
THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
S. 6606--A 202 A. 9706--A
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND SEVENTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SEVEN
AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SEVENTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION); AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-I OF
THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
(7) THE SIXTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F, SEVENTEEN-G, SEVEN-
TEEN-H AND SEVENTEEN-I OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL
BE DUE AND PAYABLE ON FEBRUARY FIRST OF EACH YEAR DURING THE APPLICABLE
AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT
THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR
AMORTIZATION" DETERMINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE
FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND SIXTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS SEVEN-
TEEN-B, SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F, SEVENTEEN-G,
SEVENTEEN-H AND SEVENTEEN-I OF THIS TITLE AND PURSUANT TO THIS SECTION,
THE COMPTROLLER SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL
AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT BY FEBRUARY FIRST, TWO THOUSAND SEVENTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 20. The retirement and social security law is amended by adding a
new section 317-e to read as follows:
S 317-E. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN FISCAL YEAR. A.
IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON OR
ABOUT OCTOBER FIFTEENTH, TWO THOUSAND NINE, ON THE BASIS OF THE ANNUAL
S. 6606--A 203 A. 9706--A
ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSUR-
ANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'
OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY
OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO PAY ON
AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPATING
EMPLOYER PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTI-
CLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
ELEVEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS SEVENTEEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN SHALL BE THE "AMOUNT
ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR
AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO
THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED
RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND
TWELVE.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND ELEVEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND ELEVEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
EQUALING THE FOLLOWING AMOUNTS,
THE ENTIRE FEBRUARY FIRST, TWO THOUSAND ELEVEN BILL, CALCULATED PURSU-
ANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT
REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND TWELVE AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING TWO AMOUNTS
TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND TWELVE BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS THREE HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, AND THREE HUNDRED SEVENTEEN-D OF
THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE ON
FEBRUARY FIRST OF EACH YEAR DURING THE APPLICABLE AMORTIZATION PERIOD.
THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF
THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETER-
MINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND ELEVEN IN ADDITION
TO THE THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT
OF THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, AND THREE HUNDRED
SEVENTEEN-D OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER
SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE AND BE
AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY
FIRST, TWO THOUSAND TWELVE.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
S. 6606--A 204 A. 9706--A
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 21. The retirement and social security law is amended by adding a
new section 317-f to read as follows:
S 317-F. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE FISCAL YEAR.
A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMOR-
TIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON OR
ABOUT OCTOBER FIFTEENTH, TWO THOUSAND TEN, ON THE BASIS OF THE ANNUAL
ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSUR-
ANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'
OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY
OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO PAY ON
AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPATING
EMPLOYER PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTI-
CLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
TWELVE. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS EIGHTEEN AND ONE-
HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE SHALL BE THE "AMOUNT
ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR
AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO
THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED
RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND
THIRTEEN.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND TWELVE BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND TWELVE WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND TWELVE BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND THIRTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING THREE
AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND THIRTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS THREE HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, AND
S. 6606--A 205 A. 9706--A
THREE HUNDRED SEVENTEEN-E OF THIS TITLE, AND PURSUANT TO THIS SECTION
SHALL BE DUE AND PAYABLE ON FEBRUARY FIRST OF EACH YEAR DURING THE
APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORI-
TY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT
ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO ALL SUCH SECTIONS
SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND TWELVE IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVEN-
TEEN-D, AND THREE HUNDRED SEVENTEEN-E OF THIS TITLE AND PURSUANT TO THIS
SECTION, THE COMPTROLLER SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE
TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT BY FEBRUARY FIRST, TWO THOUSAND THIRTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 22. The retirement and social security law is amended by adding a
new section 317-g to read as follows:
S 317-G. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND ELEVEN, ON THE BASIS OF THE
ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER
SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO
PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPAT-
ING EMPLOYER PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS
ARTICLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
THIRTEEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS NINETEEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE
FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED
RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE
APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION
OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE
FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS,
WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO
THOUSAND FOURTEEN.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND THIRTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND THIRTEEN WHICH SHALL BE DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING THREE AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND THIRTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
S. 6606--A 206 A. 9706--A
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND FOURTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING FOUR
AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FOURTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION SEVENTEEN-H OF THIS TITLE, IF
APPLICABLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS THREE HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, THREE
HUNDRED SEVENTEEN-E, AND THREE HUNDRED SEVENTEEN-F OF THIS TITLE AND
PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE ON FEBRUARY FIRST OF
EACH YEAR DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER
SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING
BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO
ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND THIRTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVEN-
TEEN-D, THREE HUNDRED SEVENTEEN-E, AND THREE HUNDRED SEVENTEEN-F OF THIS
TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE
PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO
ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO THOU-
SAND FOURTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 23. The retirement and social security law is amended by adding a
new section 317-h to read as follows:
S 317-H. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND TWELVE, ON THE BASIS OF THE
ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER
SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL
S. 6606--A 207 A. 9706--A
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO
PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPAT-
ING EMPLOYER PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS
ARTICLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
FOURTEEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS TWENTY AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE
FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED
RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE
APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION
OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE
FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS,
WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO
THOUSAND FIFTEEN.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND FOURTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND FOURTEEN WHICH SHALL BE DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING FOUR AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FOURTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND FIFTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING FIVE
AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FIFTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION, LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SEVENTEEN-I OF THIS
TITLE, IF APPLICABLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS THREE HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, THREE
HUNDRED SEVENTEEN-E, THREE HUNDRED SEVENTEEN-F AND THREE HUNDRED SEVEN-
S. 6606--A 208 A. 9706--A
TEEN-G OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYA-
BLE ON FEBRUARY FIRST OF EACH YEAR DURING THE APPLICABLE AMORTIZATION
PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAY-
MENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
DETERMINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND FOURTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVEN-
TEEN-D, THREE HUNDRED SEVENTEEN-E, THREE HUNDRED SEVENTEEN-F AND THREE
HUNDRED SEVENTEEN-G OF THIS TITLE AND PURSUANT TO THIS SECTION, THE
COMPTROLLER SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT
DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY
FEBRUARY FIRST, TWO THOUSAND FIFTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 24. The retirement and social security law is amended by adding a
new section 317-i to read as follows:
S 317-I. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND THIRTEEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMP-
TROLLER SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM
LIFE INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR
FISCAL YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT
INCENTIVES OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS
PERMITTED TO PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A
PARTICIPATING EMPLOYER PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A
OF THIS ARTICLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND FIFTEEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS TWENTY-
ONE AND ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN SHALL BE
THE "AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT
ELIGIBLE FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A
FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO
BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTI-
ZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON
TAXABLE FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE
ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST,
TWO THOUSAND SIXTEEN.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND FIFTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND FIFTEEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING FIVE AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FIFTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
S. 6606--A 209 A. 9706--A
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND SIXTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SIX AMOUNTS
TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SIXTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SEVENTEEN-J OF THIS
TITLE, IF APPLICABLE; AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS THREE HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, THREE
HUNDRED SEVENTEEN-E, THREE HUNDRED SEVENTEEN-F, THREE HUNDRED SEVEN-
TEEN-G AND THREE HUNDRED SEVENTEEN-H OF THIS TITLE AND PURSUANT TO THIS
SECTION SHALL BE DUE AND PAYABLE ON FEBRUARY FIRST OF EACH YEAR DURING
THE APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE
AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO ALL SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND FIFTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVEN-
TEEN-D, THREE HUNDRED SEVENTEEN-E, THREE HUNDRED SEVENTEEN-F, THREE
HUNDRED SEVENTEEN-G AND THREE HUNDRED SEVENTEEN-H OF THIS TITLE AND
PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE PARTICIPATING
EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT
IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO THOUSAND SIXTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
S. 6606--A 210 A. 9706--A
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 25. The retirement and social security law is amended by adding a
new section 317-j to read as follows:
S 317-J. AMORTIZATION OF A PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND FOURTEEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMP-
TROLLER SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM
LIFE INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR
FISCAL YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT
INCENTIVES OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS
PERMITTED TO PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A
PARTICIPATING EMPLOYER PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A
OF THIS ARTICLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND SIXTEEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS TWENTY-
TWO AND ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN SHALL BE
THE "AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT
ELIGIBLE FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A
FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO
BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTI-
ZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON
TAXABLE FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE
ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST,
TWO THOUSAND SEVENTEEN.
B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND SIXTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND SIXTEEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING SIX AMOUNTS TOGETHER:
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SIXTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION); AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-I OF THIS TITLE, IF APPLICABLE; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND SEVENTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SEVEN
AMOUNTS TOGETHER:
S. 6606--A 211 A. 9706--A
(1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SEVENTEEN BILL, CALCULATED
PURSUANT TO SECTIONS THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION); AND
(2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
(3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-I OF THIS TITLE, IF APPLICABLE; AND
(4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
(5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
(6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
(7) THE SIXTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS THREE HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, THREE
HUNDRED SEVENTEEN-E, THREE HUNDRED SEVENTEEN-F, THREE HUNDRED SEVEN-
TEEN-G, THREE HUNDRED SEVENTEEN-H AND THREE HUNDRED SEVENTEEN-I OF THIS
TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE ON FEBRUARY
FIRST OF EACH YEAR DURING THE APPLICABLE AMORTIZATION PERIOD. THE COMP-
TROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE
REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
(1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND SIXTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVEN-
TEEN-D, THREE HUNDRED SEVENTEEN-E, THREE HUNDRED SEVENTEEN-F, THREE
HUNDRED SEVENTEEN-G, THREE HUNDRED SEVENTEEN-H AND THREE HUNDRED SEVEN-
TEEN-I OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL
ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHOR-
IZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO
THOUSAND SEVENTEEN.
(2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
S 26. Paragraph 2 of subdivision b of section 323-a of the retirement
and social security law, as added by section 2 of part A of chapter 49
of the laws of 2003, is amended to read as follows:
2. requiring a minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives or any
other obligations that the state or participating employer is permitted
to pay on an amortized basis) equal to [four] FIVE and one-half percent
of pensionable salaries. Effective immediately upon implementation by
the comptroller of the comprehensive structural reform program set forth
S. 6606--A 212 A. 9706--A
in this section, and in all subsequent years, participating employers
shall pay either the required annual contribution determined under the
revised schedule pertaining to the valuation, billing and payment of
contributions pursuant to paragraph one of this subdivision, or the
required minimum annual contribution of [four] FIVE and one-half percent
of pensionable salaries, whichever is greater; and
S 27. Severability clause. If any clause, sentence, paragraph, subdi-
vision, 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.
S 28. This act shall take effect immediately.
FISCAL NOTE.--This bill would amend the Retirement and Social Security
Law as it pertains to employer bills of the New York State and Local
Employees Retirement System (ERS) and the New York State and Local
Police and Fire Retirement System (PFRS).
This bill puts in place a 6 year program that allows ERS and PFRS
employers, if they choose to participate, to amortize a portion of their
bill with their respective Retirement System when employer contributions
rates rise above certain levels. In ERS these levels are 9.5% for
2010/11 bills, 10.5% for 2011/12 bills, 11.5% for 2012/13 bills, 12.5%
for 2013/14 bills, 13.5% for 2014/15 bills, and 14.5% for 2015/16 bills.
In PFRS these levels are 17.5% for 2010/11 bills, 18.5% for 2011/12
bills, 19.5% for 2012/13 bills, 20.5% for 2013/14 bills, 21.5% for
2014/15 bills, and 22.5% for 2015/16 bills. The amortization is over a
period of 10 years at a rate of interest determined by the Comptroller
(which approximates a market rate of return on taxable fixed rate secu-
rities with similar terms issued by comparable issuers), with the first
of the ten equal annual payments payable one year following the respec-
tive billing date.
Further, this bill increases the current minimum contribution to the
System from 4.5% of payroll to 5.5% of payroll for all future years.
Over the long term, this provision will act to reduce the contribution
rate volatility and enhance the long term fiscal health of the System.
If this bill is enacted, we estimate that there would be a small
administrative cost to the System to revise the current billing proc-
esses.
This estimate, dated December 17, 2009, and intended for use only
during the 2010 Legislative Session, is Fiscal Note No. 2010-45,
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System.
PART W
Section 1. (a) The purpose of this act is to provide for an orderly
transfer of responsibilities relating to real property tax adminis-
tration to the commissioner of taxation and finance and the department
of taxation and finance, from the state board of real property services
and the state office of real property services.
(b) Wherever the terms "state board of real property services," "state
board" or "state office of real property services" appear in the real
S. 6606--A 213 A. 9706--A
property tax law, such terms are hereby changed to "commissioner",
provided that in sections 614, 816, 818, 1253 and 1263 of the real prop-
erty tax law, such terms shall be changed to "tax appeals tribunal," and
provided further that the text of sections 202, 216, 324, 489-o, 489-11,
1210 and 1218 of the real property tax law shall be changed only as
provided by the ensuing provisions of this act.
(c) Wherever the terms "state board of real property services," "state
board" or "state office of real property services" appear in the tax
law, such terms are hereby changed to "commissioner", provided further
that the text of subdivision (e) of section 15, paragraph 5 of subdivi-
sion (b) of section 22, subdivision 25th of section 171 and sections
171-o, 697, and 1564 of the tax law shall only be changed to the extent
provided by the ensuing provisions of this act.
(d) Wherever the term "state board of real property services" or
"state office of real property services" appears in the consolidated or
unconsolidated laws of this state other than the real property tax law
or the tax law, such term is hereby changed to "commissioner of taxation
and finance". Wherever the term "state board of real property services"
is followed by the term "state board" in such a statute, such term is
hereby changed to "commissioner".
(e) The legislative bill drafting commission is hereby directed to
effectuate this provision, and shall be guided by a memorandum of
instruction setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the legislative bill drafting
commission within sixty days of enactment of this provision. Such memo-
randum shall be issued jointly by the governor, the temporary president
of the senate, and the speaker of the assembly, or by the delegate of
each.
S 2. Paragraph (c) of subdivision 1 of section 169 of the executive
law, as amended by chapter 634 of the laws of 1998, is amended to read
as follows:
(c) commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services, adjutant general, commissioner and
president of state civil service commission, commissioner of economic
development, chair of the energy research and development authority,
[executive director of the board of real property services,] president
of higher education services corporation, commissioner of motor vehi-
cles, member-chair of board of parole, director of probation and correc-
tional alternatives, chair of public employment relations board, secre-
tary of state, chair of the state racing and wagering board,
commissioner of alcoholism and substance abuse services, executive
director of the housing finance agency, commissioner of housing and
community renewal, executive director of state insurance fund, commis-
sioner-chair of state liquor authority, chair of the workers' compen-
sation board;
S 3. Section 102 of the real property tax law is amended by adding
three new subdivisions 5-a, 9-b and 20-a to read as follows:
5-A. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE.
9-B. "DEPARTMENT" MEANS THE DEPARTMENT OF TAXATION AND FINANCE.
20-A. "TAX APPEALS TRIBUNAL" MEANS THE BODY ESTABLISHED BY SECTION TWO
THOUSAND FOUR OF THE TAX LAW.
S 4. Sections 200, 201, 204, 206, 208, 210, 212 and 214 of the real
property tax law are REPEALED.
S 5. The real property tax law is amended by adding a new section 200
to read as follows:
S. 6606--A 214 A. 9706--A
S 200. ASSUMPTION OF RESPONSIBILITIES BY THE DEPARTMENT OF TAXATION
AND FINANCE. 1. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
FUNCTIONS, POWERS AND DUTIES OF THE STATE BOARD OF REAL PROPERTY
SERVICES AS FORMERLY ESTABLISHED BY THIS CHAPTER SHALL BE CONSIDERED
FUNCTIONS, POWERS AND DUTIES OF THE COMMISSIONER OF TAXATION AND
FINANCE, EXCEPT TO THE EXTENT PROVIDED BY SECTION TWO HUNDRED SIX OF
THIS ARTICLE.
2. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, THE FUNCTIONS,
POWERS AND DUTIES OF THE OFFICE OF REAL PROPERTY SERVICES AS FORMERLY
ESTABLISHED BY THIS CHAPTER SHALL BE CONSIDERED FUNCTIONS, POWERS AND
DUTIES OF THE COMMISSIONER OF TAXATION AND FINANCE.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
THE CONTRARY, UPON THE TRANSFER OF FUNCTIONS FROM THE OFFICE OF REAL
PROPERTY SERVICES TO THE DEPARTMENT OF TAXATION AND FINANCE PURSUANT TO
THIS SECTION, ALL EMPLOYEES OF THE OFFICE OF REAL PROPERTY SERVICES
SUBSTANTIALLY ENGAGED IN THE PERFORMANCE OF THE TRANSFERRED FUNCTIONS
SHALL BE TRANSFERRED TO THE DEPARTMENT OF TAXATION AND FINANCE. EMPLOY-
EES TRANSFERRED PURSUANT TO THIS SECTION SHALL BE TRANSFERRED WITHOUT
FURTHER EXAMINATION OR QUALIFICATION AND SHALL RETAIN THEIR RESPECTIVE
CIVIL SERVICE CLASSIFICATIONS, STATUS AND COLLECTIVE BARGAINING UNIT
DESIGNATIONS AND COLLECTIVE BARGAINING AGREEMENTS.
4. ALL BOOKS, PAPERS, AND PROPERTY OF THE OFFICE OF REAL PROPERTY
SERVICES SHALL BE DELIVERED TO THE COMMISSIONER. ALL BOOKS, PAPERS, AND
PROPERTY OF THE OFFICE OF REAL PROPERTY SERVICES SHALL CONTINUE TO BE
MAINTAINED BY THE DEPARTMENT.
5. FOR THE PURPOSE OF SUCCESSION OF ALL FUNCTIONS, POWERS, DUTIES AND
OBLIGATIONS TRANSFERRED AND ASSIGNED TO, DEVOLVED UPON AND ASSUMED BY IT
PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL BE DEEMED AND HELD TO
CONSTITUTE THE CONTINUATION OF THE OFFICE OF REAL PROPERTY SERVICES.
6. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, ANY BUSI-
NESS OR OTHER MATTER UNDERTAKEN OR COMMENCED BY THE STATE BOARD, THE
OFFICE OF REAL PROPERTY SERVICES OR THE EXECUTIVE DIRECTOR THEREOF
PERTAINING TO OR CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND
DUTIES HEREBY TRANSFERRED AND ASSIGNED TO THE COMMISSIONER OR THE
DEPARTMENT AND PENDING ON THE EFFECTIVE DATE OF THIS SECTION, MAY BE
CONDUCTED AND COMPLETED BY THE COMMISSIONER OR THE DEPARTMENT IN THE
SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS AND WITH THE SAME
EFFECT AS IF CONDUCTED AND COMPLETED BY THE STATE BOARD, THE OFFICE OF
REAL PROPERTY SERVICES OR ITS EXECUTIVE DIRECTOR.
7. NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL PROVIDE THE PRESIDENT OF THE TAX APPEALS TRIBUNAL
WITH A LIST OF ALL TENTATIVE SPECIAL FRANCHISE VALUES, SPECIAL FRANCHISE
ASSESSMENTS, RAILROAD CEILINGS, STATE EQUALIZATION RATES AND OTHER
EQUALIZATION PRODUCTS ESTABLISHED PURSUANT TO THIS CHAPTER FOR WHICH A
COMPLAINT HAD BEEN FILED AND NOT BEEN RESOLVED BY THE STATE BOARD, AS
WELL AS ANY OTHER TENTATIVE SPECIAL FRANCHISE VALUE, SPECIAL FRANCHISE
ASSESSMENT, RAILROAD CEILING, STATE EQUALIZATION RATE OR ANY OTHER
EQUALIZATION PRODUCT ESTABLISHED PURSUANT TO THIS CHAPTER FOR WHICH A
TIMELY COMPLAINT COULD BE FILED AFTER SUCH DATE, AS WELL AS ANY PENDING
COUNTY EQUALIZATION REVIEWS. UPON RECEIPT OF SUCH LIST, THE TAX APPEALS
TRIBUNAL SHALL PERFORM THE REVIEW FUNCTIONS PREVIOUSLY PERFORMED BY THE
STATE BOARD.
8. (A) ALL RULES, REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECI-
SIONS OF THE STATE BOARD OR THE OFFICE OF REAL PROPERTY SERVICES
PERTAINING TO THE FUNCTIONS AND POWERS HEREIN TRANSFERRED AND ASSIGNED
TO THE COMMISSIONER OR THE DEPARTMENT, IN FORCE AT THE TIME OF SUCH
S. 6606--A 215 A. 9706--A
TRANSFER AND ASSUMPTION, SHALL CONTINUE IN FULL FORCE AND EFFECT AS
RULES, REGULATIONS, ACTS, ORDERS, DETERMINATIONS AND DECISIONS OF THE
DEPARTMENT UNTIL DULY MODIFIED OR ABROGATED BY THE COMMISSIONER OR THE
DEPARTMENT.
(B) ALL RULES, REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECI-
SIONS OF THE STATE BOARD OR THE OFFICE OF REAL PROPERTY SERVICES
PERTAINING TO THE FUNCTIONS AND POWERS HEREIN TRANSFERRED AND ASSIGNED
TO THE TAX APPEALS TRIBUNAL, IN FORCE AT THE TIME OF SUCH TRANSFER AND
ASSUMPTION, SHALL CONTINUE IN FULL FORCE AND EFFECT AS RULES, REGU-
LATIONS, ACTS, ORDERS, DETERMINATIONS AND DECISIONS OF THE TAX APPEALS
TRIBUNAL UNTIL DULY MODIFIED OR ABROGATED BY THE TAX APPEALS TRIBUNAL.
9. WHENEVER THE STATE BOARD, THE OFFICE OF REAL PROPERTY SERVICES OR
ITS EXECUTIVE DIRECTOR IS REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT
OR DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES
HEREBY TRANSFERRED TO AND ASSIGNED TO THE COMMISSIONER OR THE DEPART-
MENT, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO REFER TO THE
COMMISSIONER OR DEPARTMENT, AS APPLICABLE OR INDICATED BY THE CONTEXT.
10. NO EXISTING RIGHT OR REMEDY OF ANY CHARACTER SHALL BE LOST,
IMPAIRED OR AFFECTED BY ANY PROVISIONS OF THIS SECTION.
11. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, NO ACTION
OR PROCEEDING PENDING ON THE EFFECTIVE DATE OF THIS SECTION, BROUGHT BY
OR AGAINST THE STATE BOARD, THE OFFICE OF REAL PROPERTY SERVICES OR ITS
EXECUTIVE DIRECTOR SHALL BE AFFECTED BY ANY PROVISION OF THIS SECTION,
BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF THE COMMIS-
SIONER OR THE DEPARTMENT. IN ALL SUCH ACTIONS AND PROCEEDINGS, THE
COMMISSIONER, UPON APPLICATION OF THE COURT, SHALL BE SUBSTITUTED AS A
PARTY.
12. ALL APPROPRIATIONS OR REAPPROPRIATIONS MADE TO THE OFFICE OF REAL
PROPERTY SERVICES TO THE EXTENT OF REMAINING UNEXPENDED OR UNENCUMBERED
BALANCE THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED
OR UNOBLIGATED, ARE HEREBY TRANSFERRED TO AND MADE AVAILABLE FOR USE AND
EXPENDITURE BY THE DEPARTMENT SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE BUDGET FOR THE SAME PURPOSES FOR WHICH ORIGINALLY APPROPRIATED OR
REAPPROPRIATED AND SHALL BE PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY
THE COMMISSIONER ON AUDIT AND WARRANT OF THE COMPTROLLER.
13. ALL ASSETS AND LIABILITIES OF THE OFFICE OF REAL PROPERTY SERVICES
ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE DEPARTMENT.
S 6. Section 202 of the real property tax law, paragraph (c) of subdi-
vision 1 as amended by chapter 615 of the laws of 1972, paragraph (h) of
subdivision 1 as amended by chapter 261 of the laws of 1992, paragraph
(k) of subdivision 1 as amended, paragraph (m) of subdivision 1 as added
and paragraph (n) of subdivision 1 as relettered by chapter 833 of the
laws of 1960, paragraph (o) of subdivision 1 as added by chapter 716 of
the laws of 1990, paragraph (p) of subdivision 1 as added by chapter 166
of the laws of 1991, paragraph (q) of subdivision 1 as added by chapter
450 of the laws of 2004, subdivision 1-a as added by chapter 739 of the
laws of 1978, subdivision 1-b as added by chapter 237 of the laws of
1995, subdivision 2 as added by chapter 522 of the laws of 1981, the
opening paragraph of subdivision 2 as amended by chapter 385 of the laws
of 1994, and paragraph (a) of subdivision 2 as amended by chapter 776 of
the laws of 1988, is amended to read as follows:
S 202. Powers and duties of [state board] THE COMMISSIONER IN RELATION
TO REAL PROPERTY TAX ADMINISTRATION. 1. The [board] COMMISSIONER shall:
(a) Assess special franchises;
(b) Establish state equalization rates for each county, city, town and
village;
S. 6606--A 216 A. 9706--A
[(c) Hear and determine reviews relating to determinations made by
county equalization agencies;
(d)] (C) Approve assessments of state lands subject to taxation;
[(e)] (D) Have general supervision of the function of assessing
throughout the state;
[(f)] (E) Investigate, from time to time, the methods of assessment
throughout the state, and confer with, advise and assist assessors and
other officials whose duties relate to assessments;
[(g)] (F) Furnish assessors with such information and instructions as
may be necessary or proper to aid them in making assessments, which
instructions shall be followed and compliance with which may be enforced
by [the board] HIM OR HER;
[(h)] (G) Prescribe, and in [its] HIS OR HER discretion furnish to
assessors at the expense of the state, forms relating to assessments,
including applications for exemption from real property taxation, which
forms shall be used by the assessors and applicants for an exemption
granted pursuant to this or any other chapter, and the use of which
shall be enforced by the [board] COMMISSIONER;
[(i)] (H) Obtain from state and local officers, bodies or other agen-
cies such information as may be necessary for the proper discharge of
[its] THE duties CONFERRED UPON HIM OR HER IN RELATION TO REAL PROPERTY
TAX ADMINISTRATION, which information shall be furnished on HIS OR HER
demand [of the state board];
[(j)] (I) Inquire into the provisions of the laws of other states and
confer with the appropriate officials thereof regarding the most effec-
tual and equitable methods of assessing and taxing real property;
[(k)] (J) Prepare an annual report to the legislature which shall
include therein recommendations concerning amendments to existing law
and such other information as [it] HE OR SHE may deem advisable;
[(l)] (K) Adopt and amend such rules, regulations, orders and determi-
nations, not inconsistent with law, as may be necessary for the exercise
of [its] HIS OR HER powers and the performance of [its] HIS OR HER
duties under this chapter;
[(m)] (L) Establish railroad ceilings for railroad real property;
[(n)] (M) Exercise and perform such other powers and duties as may be
conferred or imposed on [it] HIM OR HER by law.
[(o) monitor] (N) MONITOR the quality of local assessment practices by
individual assessing units.
[(p) impose,] (O) IMPOSE, collect and receive such charges or fees as
may be authorized by statute.
[(q)] (P) Promulgate rules and regulations for the ascertainment and
reporting of "assessment record billing owner" information, as defined
in section one hundred three of the eminent domain procedure law, for
the purposes of the administration of [said] SUCH law.
[1-a] 2. In any instance where an assessing unit has acted pursuant
to the rules, regulations, orders, determinations or instructions of the
[state board] COMMISSIONER ACTING PURSUANT TO THE AUTHORITY CONFERRED
UPON HIM OR HER BY THIS CHAPTER, and such action is the subject of a
judicial review, the [state board] COMMISSIONER may upon request of the
assessing unit assist such assessing unit by the filing of a brief
amicus curiae or through such other means as may be appropriate.
[1-b] 3. The [state board] COMMISSIONER may adopt rules and regu-
lations, as necessary, to implement the computerized statewide school
district address match and income verification system set forth in
section one hundred seventy-one of the tax law.
S. 6606--A 217 A. 9706--A
[2. The members of the board, or a majority thereof, shall act as a
body when determining reviews relating to county equalization rates and
adopting and amending rules, regulations and orders in accordance with
law. The board may by resolution delegate to any officer or employee of
the office of real property services any other power or duty to be exer-
cised or performed by it under this chapter or any other law subject to
the following:
(a) Any resolution which delegates powers and duties relating to the
assessment of special franchises, the approval of assessments of state
lands subject to taxation, and the establishment of state equalization
rates pursuant to article twelve of this chapter shall be adopted annu-
ally. Any such resolution shall specify the assessment rolls for which
said delegation is made and shall set forth the full value standard
which shall be used. However, no such resolution may delegate the power
to make a final determination in a matter in which a complaint has been
filed pursuant to articles six and twelve of this chapter; provided,
however, that the power to adjust a final special franchise assessment
which is affected by a special equalization rate established pursuant to
section twelve hundred twenty-two of this chapter may be delegated
whether or not a complaint has been filed pursuant to article six of
this chapter. The executive director shall report to the members of the
board all actions taken pursuant to any such resolution within ten days
of taking said actions. Within ten days of receipt of the report of the
executive director, if any member of the board has an objection, a meet-
ing of the board shall be convened for the purpose of considering the
objection. Failure to make a report shall not, however, affect the
legality of any such actions.
(b) Any resolution which delegates powers and duties relating to the
establishment of special state equalization rates pursuant to sections
eight hundred six and thirteen hundred fourteen of this chapter and
special equalization ratios pursuant to articles twelve-A and twelve-B
of this chapter and certifications of changes in the level of assessment
pursuant to this chapter or any other law shall prescribe the policies
or criteria to be observed in the exercise of such powers and duties by
the officer or employee to whom they are delegated. However, no such
resolution may delegate the power to make a final determination in a
matter in which a complaint has been filed pursuant to articles twelve-A
and twelve-B of this chapter.]
4. ANY RECORDS THAT COME INTO THE COMMISSIONER'S CUSTODY IN THE COURSE
OF DISCHARGING THE DUTIES IMPOSED UPON HIM OR HER BY THIS CHAPTER SHALL
BE SUBJECT TO PUBLIC ACCESS TO THE FULL EXTENT PROVIDED BY THIS CHAPTER
AND THE PUBLIC OFFICERS LAW, AND SHALL NOT BE SUBJECT TO THE SECRECY
PROVISIONS OF THE TAX LAW.
S 7. The real property tax law is amended by adding two new sections
204 and 206 to read as follows:
S 204. OFFICE OF REAL PROPERTY TAX SERVICES. THERE IS HEREBY CREATED
WITHIN THE DEPARTMENT OF TAXATION AND FINANCE AN OFFICE OF REAL PROPERTY
TAX SERVICES. THE HEAD OF THE OFFICE SHALL BE A DEPUTY COMMISSIONER FOR
REAL PROPERTY TAX SERVICES, WHO SHALL BE APPOINTED BY THE GOVERNOR. THE
DEPUTY COMMISSIONER FOR REAL PROPERTY TAX SERVICES SHALL EXERCISE SUCH
POWERS AND DUTIES IN RELATION TO REAL PROPERTY TAX ADMINISTRATION AS MAY
BE DELEGATED TO HIM OR HER BY THE COMMISSIONER, SHALL REPORT DIRECTLY TO
THE COMMISSIONER ON THE ACTIVITIES OF THE OFFICE, AND SHALL HOLD OFFICE
AT THE PLEASURE OF THE COMMISSIONER. THE COMMISSIONER MAY APPOINT SUCH
OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND SPECIAL COMMITTEES AS HE OR
S. 6606--A 218 A. 9706--A
SHE MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER, AND
SHALL PRESCRIBE THEIR DUTIES.
S 206. REVIEWS OF CERTAIN DETERMINATIONS. 1. THE TAX APPEALS TRIBUNAL
SHALL HAVE THE FOLLOWING POWERS IN RELATION TO REAL PROPERTY TAX ADMIN-
ISTRATION:
(A) THE POWER TO DETERMINE THE FINAL SPECIAL FRANCHISE VALUE, SPECIAL
FRANCHISE ASSESSMENT, RAILROAD CEILING, STATE EQUALIZATION RATE OR ANY
OTHER EQUALIZATION PRODUCT ESTABLISHED PURSUANT TO THIS CHAPTER FOR
WHICH A COMPLAINT HAS BEEN FILED, AS PROVIDED BY SECTIONS FOUR HUNDRED
EIGHTY-NINE-O, FOUR HUNDRED EIGHTY-NINE-LL, SIX HUNDRED FOURTEEN, TWELVE
HUNDRED TEN, TWELVE HUNDRED FIFTY-THREE, AND TWELVE HUNDRED SIXTY-THREE
OF THIS CHAPTER;
(B) THE POWER TO HEAR AND DETERMINE REVIEWS RELATING TO DETERMINATIONS
MADE BY COUNTY EQUALIZATION AGENCIES, AS PROVIDED BY SECTIONS EIGHT
HUNDRED SIXTEEN AND EIGHT HUNDRED EIGHTEEN OF THIS CHAPTER.
2. THE PROVISIONS OF SECTION FIVE HUNDRED TWENTY-FIVE OF THIS CHAPTER
SHALL APPLY SO FAR AS PRACTICABLE TO A HEARING CONDUCTED BY THE TAX
APPEALS TRIBUNAL PURSUANT TO THIS CHAPTER.
S 8. Section 216 of the real property tax law, as added by chapter 490
of the laws of 1988, subdivision 5 as amended by chapter 529 of the laws
of 1990, is amended to read as follows:
S 216. Powers of [board] COMMISSIONER upon neglect or refusal of offi-
cials to perform duties. 1. Whenever it appears to the satisfaction of
the [state board] COMMISSIONER that any assessor or other public offi-
cer, employee or board of assessment review whose duties relate directly
to real property tax administration has failed to comply with the
provisions of this chapter or any other law relating to such duties, or
the rules and regulations of the [board] COMMISSIONER made pursuant
thereto, after a hearing on the facts, the [board] COMMISSIONER may
issue an order directing such assessor, officer, employee or board of
assessment review to comply with such law, rule or regulation.
2. If any assessor or other public officer, employee or board of
assessment review whose duties relate directly to real property tax
administration shall [wilfully] WILLFULLY and intentionally refuse or
neglect to perform any duty or do any act required by or pursuant to
this chapter, in addition to any other penalty provided by law, such
assessor, public officer, employee or member of a board of assessment
review shall forfeit to the municipal corporation of which such asses-
sor, public officer, employee or member is an officer a sum not to
exceed fifty dollars for each [wilful] WILLFUL and intentional
violation, which may be recovered by the [state board] COMMISSIONER.
3. Where a property owner is, in a proceeding conducted pursuant to
this section, found to be directly affected by the violation of state
law or rule, the [board] COMMISSIONER in its order shall establish
procedures by which an assessor, officer, employee or board of assess-
ment review whose duties relate directly to real property tax adminis-
tration, whether or not a party to the proceeding, shall remedy the
failure to comply with such state law or rules with respect to an
assessment roll filed not more than three years prior to the commence-
ment of the proceeding. Such remedy may include reconvening the board of
assessment review, identifying the class of persons eligible to complain
when the board of assessment review reconvenes, and issuing instructions
to such board of assessment review on the law and any documentation
required of eligible complainants in relation to the findings of the
[state board] COMMISSIONER. A copy of such order shall be mailed to such
assessor, officer, employee or board of assessment review and to each
S. 6606--A 219 A. 9706--A
municipal corporation which utilizes such assessment roll. Such order
shall, where appropriate, require the assessing unit to mail a copy of
the order to each eligible complainant whose name and address is readily
ascertainable from the record of the proceeding.
4. (a) Where the [state board] COMMISSIONER has ordered the board of
assessment review to reconvene to receive complaints, a copy of the
order shall be mailed by the assessing unit to each eligible complain-
ant, which mailing shall be accompanied by the form prescribed by the
[state board] COMMISSIONER for complaints on tentative assessments or
such other form as may be prescribed [by the state board] for such
purpose. Included with such order and form shall be a notice stating the
date, time and place at which the board of assessment review will recon-
vene. This material shall be mailed to the eligible complainant no later
than fifteen days prior to the meeting of the board of assessment
review. On the date and time specified in such notice, the board of
assessment review will reconvene to hear any complaints filed pursuant
to such order and shall have the powers and duties set forth in section
five hundred twenty-five of this chapter, except that it may receive
only complaints with respect to assessments of those parcels to which
the [state board's] COMMISSIONER'S order applies. A petition for review
of the assessment of such property pursuant to either title one or one-A
of article seven of this chapter may be filed no later than thirty days
after the determination of the board of assessment review is mailed to
the petitioner, notwithstanding the provisions of section seven hundred
two or seven hundred thirty of this chapter.
(b) The assessor shall correct the assessment roll upon receipt of the
verified statement of changes from the board of assessment review. If
the assessor no longer has custody of the assessment roll when such
verified statement is received, he or she shall forward a copy of such
verified statement and a copy of the [state board's] COMMISSIONER'S
order to the person having custody of the assessment roll or tax roll,
which person shall thereupon make the appropriate corrections. The
assessor shall also forward a copy of the verified statement of changes
to the clerk of each tax levying body which levies taxes on such assess-
ment roll.
(c) Where a tax, special assessment or special ad valorem levy has
been paid prior to the correction of the tax roll pursuant to this
section and the order of the board of assessment review results in a
reduction of the tax liability of a parcel, the tax levying body shall
refund to the person who paid such tax, special assessment or special ad
valorem levy the amount which exceeds the tax, special assessment, or
special ad valorem levy due upon the corrected tax roll. Any such refund
shall be a charge upon each municipal corporation or special district to
the extent that the taxes, special assessments or special ad valorem
levies were levied on its behalf or as is otherwise provided by law with
respect to Nassau and Suffolk counties; provided, however, that no
application need be made by the petitioner for such refund. The verified
statement of changes provided to the clerk of the tax district shall
constitute an application for refund for the purposes of this section.
Where a refund is not made within ninety days of the receipt of the
verified statement of changes, interest in the amount of one percent per
month shall be added to the amount to be refunded for each month or part
thereof in excess of ninety days and paid to the property owner.
(d) Where taxes, special assessments or special ad valorem levies have
been levied prior to the correction of the tax roll pursuant to this
section and the verified statement of changes of the board of assessment
S. 6606--A 220 A. 9706--A
review results in an increase in the tax liability of a parcel or the
imposition of a tax liability upon a parcel, the additional tax, special
assessment, or special ad valorem levy shall be levied, collected and
accounted for as provided in the [state board's] COMMISSIONER'S order.
(e) The provisions of title three of article five of this chapter
shall apply as far as practicable to the correction of an assessment
roll or tax roll and, if applicable, to a refund of taxes pursuant to
this section; provided however that no application, except as provided
herein, need be made for such correction or refund.
5. If an assessor, or other public officer, employee or board of
assessment review whose duties relate directly to real property tax
administration fails or refuses to comply with the [state board's]
COMMISSIONER'S order within ten days after service of such order or
within such time as is prescribed by the [state board] COMMISSIONER for
compliance with its order, the [state board] COMMISSIONER may commence a
special proceeding pursuant to article four of the civil practice law
and rules to compel compliance with such order. Such special proceeding
shall be commenced by the counsel to the [state board] DEPARTMENT OF
TAXATION AND FINANCE, except that the attorney general of the state
shall commence such proceeding on behalf of the [state board] DEPARTMENT
if he or she deems it necessary.
S 9. Section 324 of the real property tax law, as added by chapter 361
of the laws of 1986, is amended to read as follows:
S 324. Local disciplinary actions. An assessor may be removed from
office for just cause by the appointing authority after a hearing upon
notice. A determination to remove an assessor or take other disciplinary
action as a result of the removal proceeding against an assessor shall
be subject to review by the [state board] CIVIL SERVICE COMMISSION upon
application filed with [such board] THE CIVIL SERVICE COMMISSION by the
assessor within thirty days after receipt by him or her of written
notice of such determination. The review by the [state board] CIVIL
SERVICE COMMISSION shall be based upon the record and a transcript of
the hearing held by the appointing authority and such oral or written
argument as may be presented to [such board] THE CIVIL SERVICE COMMIS-
SION by the parties to the proceeding. Upon completion of such review
the [state board] CIVIL SERVICE COMMISSION shall affirm, reverse or
modify the determination of the appointing authority. The determination
of the [state board] CIVIL SERVICE COMMISSION shall be subject to judi-
cial review in accordance with the provision of article seventy-eight of
the civil practice law and rules.
S 10. Subparagraphs (iv) and (v) of paragraph (b) of subdivision 4 of
section 425 of the real property tax law, subparagraph (iv) as amended
by section 3 of part E of chapter 83 of the laws of 2002, subparagraph
(v) as amended by chapter 631 of the laws of 2006, are amended to read
as follows:
(iv) Effective with applications for the enhanced exemption on final
assessment rolls to be completed in two thousand three, the application
form shall indicate that the owners of the property and any owners'
spouses residing on the premises may authorize the assessor to have
their income eligibility verified annually thereafter by the state
department of taxation and finance, in lieu of furnishing copies of the
applicable income tax return or returns with the application. If the
owners of the property and any owners' spouses residing on the premises
elect to participate in this program, which shall be known as the STAR
income verification program, they must furnish their taxpayer identifi-
cation numbers in order to facilitate matching with records of the
S. 6606--A 221 A. 9706--A
department [of taxation and finance]. Thereafter, their income eligibil-
ity shall be verified annually by the [state] department [of taxation
and finance] and the assessor shall not request income documentation
from them, unless such department advises the assessor [through the
state board] that they do not satisfy the applicable income eligibility
requirements, or that it is unable to determine whether they satisfy
those requirements.
(v) (A) Except in the case of a city with a population of one million
or more, the assessor shall forward to the [state board] DEPARTMENT, in
the time and manner required by the [state board] DEPARTMENT, informa-
tion identifying the persons who have elected to participate in the STAR
income verification program. [The state board shall forward such infor-
mation to the department of taxation and finance in the manner provided
by the agreement executed pursuant to section one hundred seventy-one-o
of the tax law, and shall notify the assessor of the response or
responses it receives from such department pursuant to such agreement.]
After receiving [such] THE DEPARTMENT'S response or responses, the
assessing authority shall cause notices to be mailed to participants as
provided by paragraph (b) of subdivision five of this section. Informa-
tion [obtained by the state board] PROVIDED TO THE DEPARTMENT identify-
ing such persons, and responses obtained from such department shall be
confidential and shall not be subject to disclosure under article six of
the public officers law.
(B) In the case of a city of one million or more, the assessor shall
forward to the department of taxation and finance, in the time and
manner required by the department, information identifying the persons
who have elected to participate in the STAR income verification program.
The department shall advise the assessor of its findings in the manner
provided by the agreement executed pursuant to section one hundred
seventy-one-o of the tax law. After receiving such response or
responses, the assessing authority shall cause notices to be mailed to
participants as provided by paragraph (b) of subdivision five of this
section. Information [obtained by the state board] PROVIDED TO THE
DEPARTMENT identifying such persons, and responses obtained from such
department shall be confidential and shall not be subject to disclosure
under article six of the public officers law.
S 11. The opening paragraph of paragraph (b) of subdivision 5 of
section 425 of the real property tax law, as amended by chapter 742 of
the laws of 2005, is amended to read as follows:
Informational notice for participants in the STAR income verification
program. In the case of a parcel which is owned by an owner or owners
who have elected to participate in the STAR income verification program,
the assessing authority shall cause a notice, preferably on a postcard,
to be mailed to such owner or owners after the assessor has been noti-
fied of their income eligibility by the department [of taxation and
finance through the state board]. Each such notice shall be mailed with-
out restrictions upon forwarding or delivery, and shall contain, in
language prescribed by the [state board] DEPARTMENT, the substance of
one of the following statements, whichever is appropriate:
S 12. Paragraph (a) of subdivision 12 of section 425 of the real prop-
erty tax law, as amended by section 9 of part E of chapter 83 of the
laws of 2002, is amended to read as follows:
(a) Generally. In addition to discontinuing the exemption on the next
ensuing tentative assessment roll, if the assessor determines that the
property improperly received the exemption on one or more of the three
preceding assessment rolls, or is advised by the department [of taxation
S. 6606--A 222 A. 9706--A
and finance through the state board] that the applicable income standard
was not satisfied with regard to a property which received the enhanced
exemption on one or more of those rolls, he or she shall proceed to
revoke the improperly granted prior exemption or exemptions. If the
assessor is advised [through the state board] that the department [of
taxation and finance] was unable to verify the income eligibility of one
or more participants in the income verification program, the assessor
shall mail that person or those persons a notice in a form prescribed by
the [state board] DEPARTMENT requesting that the person or persons docu-
ment their income in the same manner and to the same extent as if the
person or persons were submitting an initial application for the
enhanced STAR exemption. If such income documentation is not provided
within forty-five days of such request, or if the documentation provided
does not establish the eligibility of the person or persons to the
assessor's satisfaction, the assessor shall treat the exemption as an
improperly granted exemption and proceed in the manner provided by this
subdivision.
S 13. Section 489-o of the real property tax law, as added by chapter
86 of the laws of 1963, subdivision 2 as amended by chapter 735 of the
laws of 1983, and subdivision 3 as added by chapter 841 of the laws of
1986, is amended to read as follows:
S 489-o. Final determination of railroad ceiling; certificate. 1.
After the hearing provided for in section four hundred eighty-nine-n of
this [chapter] TITLE, the [state board] TAX APPEALS TRIBUNAL shall
finally determine the railroad ceiling for the railroad real property of
each railroad company situated in each assessing unit. Whenever upon
complaint the [state board] TAX APPEALS TRIBUNAL shall revise the local
reproduction cost of a railroad company in an assessing unit, it shall
revise the railroad ceiling therefor to reflect such revision, but it
shall not, on account of such revision, modify any other determination
with respect to the railroad ceilings for such railroad company for such
year. Notwithstanding the fact that no complaint shall have been filed
with respect to a tentative determination of a railroad ceiling, the
[state board] TAX APPEALS TRIBUNAL shall give effect to any special
equalization rate established, pursuant to subdivision two of section
four hundred eighty-nine-l of this [chapter] TITLE prior to the final
determination of the railroad ceiling.
2. Not later than ten days before the last date prescribed by law for
the levy of taxes, the state board shall file a certificate setting
forth each railroad ceiling as finally determined with the assessor of
the appropriate assessing unit or the town or county assessor who
prepares a copy of the applicable part of the town or county assessment
roll for village tax purposes as provided in subdivision three of
section fourteen hundred two of this chapter, and at the same time
shall transmit to each railroad company for which such ceiling has been
determined a duplicate copy of such certificate.
3. Any final determination of a railroad ceiling by the [state board]
TAX APPEALS TRIBUNAL pursuant to subdivision one of this section shall
be subject to judicial review in a proceeding under article seventy-
eight of the civil practice law and rules.
S 14. Section 489-ll of the real property tax law, as added by chapter
920 of the laws of 1977, subdivision 2 as amended by chapter 735 of the
laws of 1983, subdivision 3 as added by chapter 841 of the laws of 1986,
is amended to read as follows:
S 489-ll. Final determination of railroad ceiling; certificate. 1.
After the hearing provided for in section four hundred eighty-nine-kk of
S. 6606--A 223 A. 9706--A
this [chapter] TITLE, the [state board] TAX APPEALS TRIBUNAL shall
finally determine the railroad ceiling for the railroad real property of
each railroad company situated in each assessing unit. Whenever upon
complaint the [state board] TAX APPEALS TRIBUNAL shall revise the local
reproduction cost of a railroad company in an assessing unit, it shall
revise the appropriate railroad ceiling to reflect such revision, but it
shall not, on account of such revision, modify any other determination
with respect to the railroad ceilings for such railroad company for such
year. Notwithstanding the fact that no complaint shall have been filed
with respect to a tentative determination of a railroad ceiling, the
[state board] TAX APPEALS TRIBUNAL shall give effect to any special
equalization rate established pursuant to subdivision two of section
four hundred eighty-nine-jj of this [chapter] TITLE prior to the final
determination of the railroad ceiling.
2. Not later than ten days before the last date prescribed by law for
the levy of taxes, the [state board] TAX APPEALS TRIBUNAL shall file a
certificate setting forth each railroad ceiling as finally determined
with the assessor of the appropriate assessing unit or the town or coun-
ty assessor who prepares a copy of the applicable part of the town or
county assessment roll for village tax purposes as provided in subdivi-
sion three of section fourteen hundred two of this chapter, and at the
same time shall transmit to each railroad company for which such ceiling
has been determined a duplicate copy of such certificate.
3. Any final determination of a railroad ceiling by the [state board]
TAX APPEALS TRIBUNAL pursuant to subdivision one of this section shall
be subject to judicial review in a proceeding under article seventy-
eight of the civil practice law and rules.
S 15. Section 614 of the real property tax law is amended to read as
follows:
S 614. Determination of final assessment of special franchises.
After [the hearing of complaints, if any, as provided in] RECEIVING THE
COMMISSIONER'S REPORT REGARDING ANY COMPLAINT FILED PURSUANT TO section
six hundred twelve of this [chapter] ARTICLE, the [state board] TAX
APPEALS TRIBUNAL shall determine the final assessment of each special
franchise.
S 16. Subdivision 2 of section 740 of the real property tax law, as
added by chapter 732 of the laws of 1983, is amended to read as follows:
2. A petition and notice shall be served by delivering two copies to
[a member of the state board] THE COMMISSIONER or to an officer or
employee authorized by [the board] HIM OR HER to accept service, not
more than sixty days after the written notice of the final assessment
prescribed by section six hundred eighteen of this chapter has been
served. Where a proceeding is commenced by an assessing unit in which a
special franchise is situated, an additional copy shall be filed by the
petitioner with the owner of that special franchise. Where a proceeding
is commenced by a special franchise owner, the petitioner, within ten
days after service, shall file an additional copy with the clerk of the
city, town or village and with the clerk of the school district in which
that special franchise is situated except a school district governed by
the provisions of article fifty-two of the education law.
S 17. Section 1210 of the real property tax law, as amended by chapter
355 of the laws of 1990, is amended to read as follows:
S 1210. Establishment of final state equalization rates, class ratios
and class equalization rates. After [hearing the complaints, if any, as
provided in] RECEIVING THE COMMISSIONER'S REPORT REGARDING ANY COMPLAINT
FILED PURSUANT TO section twelve hundred eight of this [chapter] TITLE,
S. 6606--A 224 A. 9706--A
the [state board] TAX APPEALS TRIBUNAL shall establish the final state
equalization rate, class ratios, and class equalization rates, if
required, for each city, town, village, special assessing unit, or
approved assessing unit or eligible non-assessing unit village which has
adopted the provisions of section nineteen hundred three of this chap-
ter.
S 18. Section 1218 of the real property tax law, as amended by chapter
685 of the laws of 2004, is amended to read as follows:
S 1218. Review of final determinations of [state board] TAX APPEALS
TRIBUNAL relating to state equalization rates. A final determination of
the [state board] TAX APPEALS TRIBUNAL relating to state equalization
rates may be reviewed by commencing an action in the appellate division
of the supreme court in the manner provided by article seventy-eight of
the civil practice law and rules upon application of the county, city,
town or village for which the rate or rates were established. The stand-
ard of review in such a proceeding shall be as specified in subdivision
four of section seventy-eight hundred three of the civil practice law
and rules. Whenever a final order is issued in such a proceeding
directing a revised state equalization rate, any county, village or
school district that used the former rate in the apportionment of taxes
must, upon receipt of such final order, recalculate the levy that used
such former rate and credit or debit as appropriate its constituent
municipalities in its next levy. Any special franchise assessments that
were established using the former rate must, upon receipt of such final
order, be revised by the [state board] TAX APPEALS TRIBUNAL in accord-
ance with the new rate, and, if taxes have already been levied upon such
assessments, the affected special franchise owners shall either automat-
ically receive a refund if there is a decrease or be taxed on an
increase in the next levy in the manner provided for omitted parcels in
title three of article five of this chapter.
S 19. Subdivision (e) of section 15 of the tax law, as amended by
chapter 161 of the laws of 2005, is amended to read as follows:
(e) Eligible real property taxes. The term "eligible real property
taxes" means taxes imposed on real property which is owned by the QEZE
and located in an empire zone with respect to which the QEZE is certi-
fied pursuant to article eighteen-B of the general municipal law,
provided such taxes are paid by the QEZE which is the owner of the real
property or are paid by a tenant which either (i) does not meet the
eligibility requirements under section fourteen of this article to be a
QEZE or (ii) cannot treat such payment as eligible real property taxes
pursuant to this paragraph and such taxes become a lien on the real
property during a taxable year in which the owner of the real property
is both certified pursuant to article eighteen-B of the general munici-
pal law and a qualified empire zone enterprise. In addition, "eligible
real property taxes" shall include taxes paid by a QEZE which is a
lessee of real property if the following conditions are satisfied: (1)
the taxes must be paid by the lessee pursuant to explicit requirements
in a written lease executed or amended on or after June first, two thou-
sand five, (2) such taxes become a lien on the real property during a
taxable year in which the lessee of the real property is both certified
pursuant to article eighteen-B of the general municipal law and a quali-
fied empire zone enterprise, and (3) the lessee has made direct payment
of such taxes to the taxing authority and has received a receipt for
such payment of taxes from the taxing authority. In addition, the term
"eligible real property taxes" includes payments in lieu of taxes made
by the QEZE to the state, a municipal corporation or a public benefit
S. 6606--A 225 A. 9706--A
corporation pursuant to a written agreement entered into between the
QEZE and the state, municipal corporation, or public benefit corpo-
ration. Provided, however, a payment in lieu of taxes made by the QEZE
pursuant to a written agreement executed or amended on or after January
first, two thousand one, shall not constitute eligible real property
taxes in any taxable year to the extent that such payment exceeds the
product of (A) the greater of (i) the basis for federal income tax
purposes, calculated without regard to depreciation, determined as of
the effective date of the QEZE's certification pursuant to article eigh-
teen-B of the general municipal law of real property, including build-
ings and structural components of buildings, owned by the QEZE and
located in empire zones with respect to which the QEZE is certified
pursuant to such article eighteen-B of the general municipal law, and
provided that if such basis is further adjusted or reduced pursuant to
any provision of the internal revenue code, the QEZE may petition the
department[,] AND the department of economic development [and the office
of real property services] to disregard such reduction or adjustment for
the purpose of this subdivision or (ii) the basis for federal income tax
purposes of such real property described in clause (i) of this subpara-
graph, calculated without regard to depreciation, on the last day of the
taxable year, and provided that if such basis is further adjusted or
reduced pursuant to any provision of the internal revenue code, the QEZE
may petition the department, the department of economic development and
the office of real property services to disregard such reduction or
adjustment for the purpose of this subdivision; and (B) the estimated
effective full value tax rate within the county in which such property
is located, as most recently [reported to] CALCULATED BY the commission-
er [by the secretary of the state board of real property services, or
his or her designee]. The [state board] COMMISSIONER shall annually
calculate estimated effective full value tax rates within each county
for this purpose based upon the most current information available to
[it] HIM OR HER in relation to county, city, town, village and school
district taxes.
S 20. Paragraph 5 of subdivision (b) of section 22 of the tax law, as
amended by section 4 of part H of chapter 577 of the laws of 2004, is
amended to read as follows:
(5) Eligible real property taxes. The term "eligible real property
taxes" means taxes imposed on real property which consists of a quali-
fied site owned by the developer, provided such taxes become a lien on
the real property in a period during which the real property is a quali-
fied site. In addition, the term "eligible real property taxes" includes
payments in lieu of taxes by the developer, with respect to a qualified
site, to the state, a municipal corporation or a public benefit corpo-
ration pursuant to a written agreement entered into between the develop-
er and the state, a municipal corporation or a public benefit corpo-
ration. Provided, however, such a payment in lieu of taxes shall not
constitute eligible real property taxes in any taxable year to the
extent that such payment exceeds the product of (A) the greater of (i)
the basis for federal income tax purposes, determined on the date the
taxpayer becomes a developer as defined under this section, of real
property, including buildings and structural components of buildings,
owned by the developer and located on a qualified site with respect to
which the taxpayer is a developer, or (ii) the basis for federal income
tax purposes of such real property described in clause (i) of this
subparagraph on the last day of the taxable year, and (B) the estimated
effective full value tax rate within the county in which such property
S. 6606--A 226 A. 9706--A
is located, as most recently [reported to] CALCULATED BY the commission-
er [by the secretary of the state board of real property services, or
his or her designee]. The [state board] COMMISSIONER shall annually
calculate estimated and effective full value tax rates within each coun-
ty for this purpose based upon the most current information available to
[it] HIM OR HER in relation to county, city, town, village and school
district taxes. Provided further, where the amount of the credit deter-
mined under paragraph two of this subdivision is the total product of
the factors and tax specified therein, the term "eligible real property
taxes" under this paragraph shall apply only to taxes imposed on real
property which is attributed to a qualified site located in an environ-
mental zone. Where the developer is a partner in a partnership or a
shareholder in a New York S corporation, such real property shall be
owned by the partnership or the New York S corporation, respectively.
S 21. Subdivision twenty-fifth of section 171 of the tax law, as
amended by chapter 170 of the laws of 1994, paragraph a as amended by
section 93 of part A of chapter 436 of the laws of 1997, paragraph b as
amended and paragraph c as added by chapter 474 of the laws of 1996, is
amended to read as follows:
Twenty-fifth. a. With respect to the income to be used in the computa-
tion of school aid payable in the school year nineteen hundred ninety-
four--ninety-five and thereafter, be required to design, develop and
implement a permanent computerized statewide school district address
match and income verification system in regard to each school district's
valuation of total New York adjusted gross income as determined by the
department, for use in determining state aid to education. The depart-
ment shall promulgate rules and regulations to effect the provisions of
this paragraph within ninety days of the enactment of the chapter of the
laws of nineteen hundred ninety-four amending this paragraph. Commencing
September first, nineteen hundred ninety-seven, the commissioner[,] AND
the commissioner of education[, and the executive director of the office
of real property services], subject to the approval of the director of
the budget shall be required to enter into a cooperative agreement by
September first of each year, which will govern the validation and
correction and completion of the total New York adjusted gross income of
school districts until September first of the following year. Such
agreement shall include, but not be limited to: (i) procedures to
improve the accuracy of school district income data, in a manner which
gives appropriate recognition to computerized processing capabilities,
administrative feasibility of manual processes and confidentiality
implications; (ii) procedures to verify the school district codes
reported by taxpayers; (iii) procedures to correct identified inaccura-
cies; (iv) procedures to assign school district codes based on the
permanent residence addresses of taxpayers who failed to complete the
school district code; (v) the schedule for the transmittal of electronic
data between the agencies, as necessary, to implement such system; and
(vi) beginning in the nineteen hundred ninety-six state fiscal year,
procedures for the review process provided for in paragraph c of this
subdivision. All state departments and agencies, and school districts
and other local governments and agencies, shall cooperate with the
parties to such agreement in its implementation.
b. 1. [With respect to income used in the computation of school aid
payable in the school years nineteen hundred ninety-four--ninety-five
through nineteen hundred ninety-seven--ninety-eight, be required to
design, develop and implement a process whereby school districts may
request a review of the assignment of taxpayer addresses to their school
S. 6606--A 227 A. 9706--A
district. In addition to the cooperative agreement developed pursuant to
paragraph a of this subdivision between the commissioner, the commis-
sioner of education and the director of the office of real property
services, the parties shall enter into a second cooperative agreement to
establish procedures for such a review process. Such procedures shall
include but not be limited to: (i) general criteria to be used for the
purpose of evaluating suspected inaccuracies in the assignment of tax
returns to school districts; (ii) a process for rating the requests for
review, giving appropriate recognition to the relative incidence of
suspected inaccuracies, the relative effect of suspected inaccuracies on
the aggregate income, income per return and relative income per pupil of
the school district, and the relative effect of suspected inaccuracies
on state aid payable to the school district pursuant to the education
law; (iii) a process for identifying the school districts for partic-
ipation in the review process from the rated list of applicants; (iv)
processes by which addresses assigned to identified school districts
will be reviewed and by which corrections to inaccuracies will be iden-
tified; (v) a process by which corrections to inaccurate assignments
will be made to appropriate files; and (vi) deadlines by which school
districts must submit requests for review to the commissioner of educa-
tion and timelines for each of the procedures included in the agreement.
2. School districts requesting a review in accordance with the
provisions of this paragraph shall be required, in consultation with the
district superintendent of schools for the supervisory district in which
the school district is located, appointed pursuant to section nineteen
hundred fifty of the education law, to submit to the commissioner of
education evidence in support of a contention that the assignment of tax
returns to their district is inaccurate. Identified school districts may
be required to review ordered listings, prepared by the department or
the office of real property services or an authorized vendor contracted
by the department, of the permanent resident address of selected taxpay-
ers who filed personal income tax returns with the department reporting
a school district code or address which indicates that the taxpayer was
a resident of such identified school district at the close of the taxa-
ble year for which the return was filed. In no case shall ordered
address listings for school district review include those addresses
which the school district had the opportunity to review pursuant to
paragraph a of this subdivision. District superintendents of schools
appointed pursuant to section nineteen hundred fifty of the education
law, having an identified school district within their supervisory
district, shall be required to verify any suspected inaccuracies indi-
cated by an identified district as a result of the district's review of
ordered address listings pursuant to this paragraph.
3.] Any correction, pursuant to this paragraph, of verified inaccura-
cies of income data shall only result in the removal of such returns
from the identified school district.
[4.] 2. All state departments and agencies, and school districts and
other local governments and agencies, shall cooperate with the parties
to such agreement in the implementation of the review process provided
pursuant to this paragraph.
c. 1. With respect to income used in the computation of school aid
payable in the school years nineteen hundred ninety-eight--ninety-nine
and thereafter, be required to design, develop and implement a process
whereby school districts may request a review of the assignment of
taxpayer addresses to their school district. Procedures for such a
S. 6606--A 228 A. 9706--A
review process shall be included in the cooperative agreement entered
into pursuant to paragraph a of this subdivision.
2. School districts requesting a review in accordance with the
provisions of this paragraph shall be required, in consultation with the
district superintendent of schools for the supervisory district in which
the school district is located, appointed pursuant to section nineteen
hundred fifty of the education law, to submit to the commissioner of
education evidence in support of a contention that the assignment of tax
returns to their district is inaccurate. Identified school districts may
be required to review ordered listings, prepared by the department [or
the office of real property services] or an authorized vendor contracted
by the department, of the permanent resident address of selected taxpay-
ers who filed personal income tax returns with the department reporting
a school district code or address which indicates that the taxpayer was
a resident of such identified school district at the close of the taxa-
ble year for which the return was filed. In no case shall ordered
address listings for school district review include those addresses
which the school district had the opportunity to review pursuant to
paragraph a of this subdivision. District superintendents of schools
appointed pursuant to section nineteen hundred fifty of the education
law, having an identified school district within their supervisory
district, shall be required to verify any suspected inaccuracies indi-
cated by an identified district as a result of the district's review of
ordered address listings pursuant to this paragraph.
3. Any correction, pursuant to this paragraph, of verified inaccura-
cies of income data shall only result in the removal of such returns
from the identified school district.
4. All state departments and agencies, and school districts and other
local governments and agencies, shall cooperate with the parties to such
agreement in the implementation of the review process provided pursuant
to this paragraph.
S 22. Section 171-o of the tax law, as amended by chapter 631 of the
laws of 2006, is amended to read as follows:
S 171-o. Income verification for [the state board of real property
services and] a city with a population of one million or more. (1) The
department shall enter into an agreement with [the state board of real
property services to verify, to the extent practicable, whether persons
described in paragraph (b) of subdivision four of section four hundred
twenty-five of the real property tax law meet the income eligibility
requirements prescribed therein for the applicable income tax year,
beginning with the income tax year ending in two thousand two. The
department shall also enter into an agreement with] a city with a popu-
lation of one million or more to verify, to the extent practicable,
whether persons described in paragraph (b) of subdivision four of
section four hundred twenty-five of the real property tax law meet the
income eligibility requirements prescribed therein for the applicable
income tax year, beginning with the income tax year ending in two thou-
sand five. The department shall advise the [state board of real property
services, or] city[, as the case may be,] of its findings, stating in
each case either that such person or persons do or do not satisfy such
requirements, or that the eligibility of such person or persons cannot
be verified, whichever is appropriate. The department shall not provide
any other information about the income of such persons to the [state
board of real property services or] city.
(2) The provisions of article six of the public officers law shall not
apply to any information that the department obtains from or provides to
S. 6606--A 229 A. 9706--A
the [state board of real property services or] city pursuant to this
section.
(3) Any information furnished by the department pursuant to this
section shall be deemed confidential and the assessor, any municipal
officer or municipal employees are prohibited from disclosing any such
information, except for any disclosure necessary in the performance of
their official duties in connection with the school tax relief (STAR)
exemption pursuant to section four hundred twenty-five of the real prop-
erty tax law. Any unauthorized disclosure of such information shall be
deemed a violation of section eight hundred five-a of the general munic-
ipal law.
S 23. Paragraph 12 of subsection (e) of section 606 of the tax law is
REPEALED.
S 24. Paragraphs 3, 4 and 5 of subsection (k) of section 697 of the
tax law, as amended by chapter 237 of the laws of 1995, are amended to
read as follows:
[(3) Notwithstanding the provisions of subsection (e) of this section,
the department or authorized vendor contracted by the department shall
furnish annually, as required pursuant to subdivision twenty-fifth of
section one hundred seventy-one of this chapter, to the executive direc-
tor of the office of real property services, electronic file transfers
of the permanent residence address of each taxpayer who has filed a
personal income tax return with the department. Such transfers shall be
in accordance with the schedule established pursuant to the agreement
developed in accordance with paragraph d of subdivision twenty-fifth of
section one hundred seventy-one of this chapter. Similarly, the office
of real property services shall, subject to the availability of funds
appropriated for this purpose, verify or correct or determine the school
district for each such residence address provided by the department and
shall return such updated data to the department in accordance with the
provisions of such agreement.]
(4) Notwithstanding the provisions of subsection (e) of this section,
the department [or the office of real property services] or an author-
ized vendor contracted by the department shall furnish, as required
pursuant to subdivision twenty-fifth of section one hundred seventy-one
of this chapter, to the superintendents of schools of identified school
districts and district superintendents of schools appointed pursuant to
section nineteen hundred fifty of the education law, having an identi-
fied school district within their supervisory district, an ordered list-
ing, for such identified school districts electing to participate in the
appeals process for a limited school district address review validation
and correction process.
(5) The information provided pursuant to this section and subdivision
twenty-fifth of section one hundred seventy-one of this chapter shall be
used solely for the purpose of verifying the legal residence and school
district of a taxpayer in determining the distribution of state aid for
education and such information may only be disclosed by such commission-
er, [director,] superintendents and authorized vendor contracted by the
department for such purposes to employees of the state education depart-
ment, [employees of the state office of real property services] and to
employees under the control of such superintendents. In addition,
notwithstanding the provisions of subsection (e) of this section, the
department may furnish to an authorized vendor contracted by the depart-
ment the permanent resident address and school code data necessary for
the implementation of the temporary school district address review vali-
dation and correction process, the pilot computerized address match and
S. 6606--A 230 A. 9706--A
income verification project, or the permanent computerized statewide
school district address match and income verification system pursuant to
subdivision twenty-fifth of section one hundred seventy-one of this
chapter. Any violation of the provisions of this section shall be
punishable in the manner provided for in subsection (e) of this section.
Any information obtained by any agency or person pursuant to the
provisions of this section shall not be deemed a "record", as defined in
subdivision four of section eighty-six of the public officers law.
S 25. Subdivision 3 of section 1564 of the tax law, as amended by
chapter 17 of the laws of 2008, is amended to read as follows:
3. An exemption from the tax which is equal to the median sales price
of residential real property within the applicable town or city, as
determined by the [office of real property services pursuant to proce-
dures adopted for this purpose by the state board of real property
services established pursuant to article two of the real property tax
law] COMMISSIONER, shall be allowed on the consideration of the convey-
ance of improved or unimproved real property or an interest therein.
S 26. This act shall take effect immediately.
PART X
Section 1. The real property tax law is amended by adding a new
section 509 to read as follows:
S 509. PROPERTY TAXPAYERS' DISCLOSURE AND ASSESSMENT TRANSPARENCY ACT.
1. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, THE ASSESSORS IN TOWNS, CITIES AND COUNTIES HAVING
POWER TO ASSESS PROPERTY FOR TAX PURPOSES SHALL, NOT LATER THAN SIXTY
DAYS PRIOR TO THE DATE SET BY LAW FOR THE FILING OF THE TENTATIVE
ASSESSMENT ROLL, PROVIDE TO THE STATE BOARD IN AN ELECTRONIC FORMAT THE
FOLLOWING INFORMATION:
(A) THE PRELIMINARY ASSESSMENT OF EACH PARCEL ON SUCH TENTATIVE
ASSESSMENT ROLL;
(B) THE LEVEL OF ASSESSMENT WHICH THE ASSESSOR EXPECTS TO APPLY TO
THAT ROLL;
(C) THE FINAL ASSESSMENT OF THE PARCEL, IF ANY, ON THE PRIOR YEAR'S
FINAL ASSESSMENT ROLL;
(D) THE PROPERTY ADDRESS AND TAX MAP IDENTIFICATION NUMBER OF EACH
SUCH PARCEL;
(E) THE DATE BY WHICH COMPLAINTS MAY BE FILED RELATIVE TO THE TENTA-
TIVE ASSESSMENTS THAT ARE TO APPEAR ON THE TENTATIVE ASSESSMENT ROLL, IF
OTHER THAN THE FOURTH TUESDAY OF MAY; AND
(F) THE DATES AND TIMES WHEN THE ASSESSOR WILL BE AVAILABLE TO DISCUSS
PRELIMINARY ASSESSMENTS ON AN INFORMAL BASIS PRIOR TO THE FILING OF THE
TENTATIVE ASSESSMENT ROLL, AND THE CONTACT INFORMATION WHICH HE OR SHE
WOULD LIKE TO BE GIVEN TO THE GENERAL PUBLIC.
2. NOT LATER THAN FORTY-FIVE DAYS PRIOR TO THE DATE SET BY LAW FOR THE
FILING OF THE TENTATIVE ASSESSMENT ROLL, THE STATE BOARD SHALL POST ON
ITS WEBSITE A REPORT PERTAINING TO THE ASSESSING UNIT, WHICH REPORT
SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION:
(A) FOR THE TENTATIVE ASSESSMENT ROLL:
(I) THE PRELIMINARY ASSESSMENT OF EACH PARCEL ON SUCH TENTATIVE
ASSESSMENT ROLL;
(II) THE LEVEL OF ASSESSMENT WHICH THE ASSESSOR EXPECTS TO APPLY TO
THAT ROLL;
(III) THE MARKET VALUE WHICH EACH PRELIMINARY ASSESSMENT REPRESENTS,
AND
S. 6606--A 231 A. 9706--A
(IV) THE PROPERTY ADDRESS AND TAX MAP IDENTIFICATION NUMBER OF EACH
SUCH PARCEL.
(B) FOR THE PRIOR YEAR'S FINAL ASSESSMENT ROLL:
(I) THE FINAL ASSESSMENT OF EACH PARCEL, IF ANY, ON THE PRIOR YEAR'S
FINAL ASSESSMENT ROLL;
(II) THE STATE EQUALIZATION RATE WHICH WAS APPLICABLE TO THAT ROLL;
(III) THE FULL VALUE WHICH EACH SUCH FINAL ASSESSMENT REPRESENTED; AND
(IV) THE PROPERTY ADDRESS AND TAX MAP IDENTIFICATION NUMBER OF EACH
SUCH PARCEL.
(C) THE DATES AND TIMES WHEN THE ASSESSOR WILL BE AVAILABLE TO DISCUSS
PRELIMINARY ASSESSMENTS ON AN INFORMAL BASIS PRIOR TO THE FILING OF THE
TENTATIVE ASSESSMENT ROLL, TOGETHER WITH THE CONTACT INFORMATION WHICH
HE OR SHE SUPPLIED TO THE STATE BOARD.
(D) THE DATE BY WHICH COMPLAINTS MAY BE FILED RELATIVE TO THE TENTA-
TIVE ASSESSMENTS THAT ARE TO APPEAR ON THE TENTATIVE ASSESSMENT ROLL.
(E) A LINK TO THE MOST RECENT PUBLICATION OF THE STATE BOARD THAT
DESCRIBES THE PROCESS FOR SEEKING REVIEW OF TENTATIVE ASSESSMENTS.
3. THE STATE BOARD SHALL PUBLICIZE THE POSTING OF ITS REPORT THROUGH
SUCH REASONABLE MEANS AS MAY BE AT ITS DISPOSAL, INCLUDING THE DISTRIB-
UTION OF MEDIA RELEASES.
4. (A) THE ASSESSING UNIT SHALL MAKE THE DATA CONTAINED IN THE STATE
BOARD'S REPORT AVAILABLE TO THE PUBLIC AT ITS MUNICIPAL OFFICES OR IF
THERE BE NONE, AT AN ALTERNATIVE LOCATION DESIGNATED BY THE GOVERNING
BODY, AND AT SUCH OTHER CONVENIENT PLACES AS MAY BE DESIGNATED BY THE
GOVERNING BODY. IN ADDITION, IF THE ASSESSING UNIT MAINTAINS A WEBSITE,
IT SHALL POST A LINK THEREON TO SUCH DATA.
(B) THE ASSESSING UNIT MAY PUBLICIZE THE AVAILABILITY OF SUCH DATA
THROUGH SUCH REASONABLE MEANS AS MAY BE AT ITS DISPOSAL.
5. WHERE AN ASSESSMENT APPEARING ON A TENTATIVE ASSESSMENT ROLL IS
GREATER THAN THE PRELIMINARY ASSESSMENT OF THE SAME PARCEL REPORTED TO
THE STATE BOARD PURSUANT TO THIS SECTION, THE ASSESSOR SHALL MAIL A
NOTICE TO THE PROPERTY OWNER AT LEAST TEN DAYS PRIOR TO THE DATE FOR
HEARING COMPLAINTS IN RELATION TO ASSESSMENTS. SUCH NOTICE SHALL BE
SUBSTANTIALLY IN THE SAME FORM AS IS PRESCRIBED BY SECTION FIVE HUNDRED
TEN OF THIS TITLE.
6. FAILURE TO POST OR OTHERWISE PROVIDE ANY OF THE INFORMATION
DESCRIBED BY THIS SECTION, IN WHOLE OR IN PART, OR FAILURE OF AN OWNER
TO RECEIVE THE SAME SHALL NOT PREVENT THE LEVY, COLLECTION AND ENFORCE-
MENT OF THE PAYMENT OF THE TAXES ON SUCH REAL PROPERTY.
7. THE STATE BOARD MAY ADOPT SUCH RULES AS IT DEEMS NECESSARY TO THE
IMPLEMENTATION OF THIS SECTION.
8. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SPECIAL ASSESSING
UNITS.
9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RELIEVE ASSESSING
UNITS OF THE OBLIGATION TO SEND NOTICES OF INCREASES WHEN REQUIRED UNDER
THE PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS TITLE.
S 2. Section 511 of the real property tax law is amended by adding a
new subdivision 9 to read as follows:
9. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ASSESSING UNITS
WHICH ARE SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED NINE OF THIS
TITLE, NOR TO SPECIAL ASSESSING UNITS.
S 3. Subdivision 5 of section 574 of the real property tax law, as
amended by chapter 257 of the laws of 1993, is amended to read as
follows:
5. [Forms or reports filed] DATA COLLECTED pursuant to this section or
section three hundred thirty-three of the real property law shall be
S. 6606--A 232 A. 9706--A
made available for public inspection or copying in accordance with rules
promulgated by the state board, EXCEPT THAT WHERE THE STATE BOARD AND
THE DEPARTMENT OF TAXATION AND FINANCE HAVE DEVELOPED A COMBINED PROCESS
FOR COLLECTING DATA PURSUANT TO PARAGRAPH VIII OF SUBDIVISION ONE-E OF
SECTION THREE HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW, ANY DATA SO
COLLECTED WHICH IS NOT REQUIRED TO BE FURNISHED TO THE STATE BOARD BY
STATUTE OR BY THE STATE BOARD'S RULES SHALL NOT BE SUBJECT TO INSPECTION
OR COPYING.
S 4. Paragraphs i and v of subdivision 1-e of section 333 of the real
property law, as amended by section 1 of part B of chapter 57 of the
laws of 2004 and paragraph i as separately amended by chapter 521 of the
laws of 2004, are amended and two new paragraphs vii and viii are added
to read as follows:
i. A recording officer shall not record or accept for record any
conveyance of real property affecting land in New York state unless
accompanied by a transfer report form prescribed by the state board of
real property services OR IN LIEU THEREOF, CONFIRMATION FROM THE STATE
BOARD THAT THE REQUIRED DATA HAS BEEN REPORTED TO IT PURSUANT TO PARA-
GRAPH VII OF THIS SUBDIVISION, and the fee prescribed pursuant to subdi-
vision three of this section.
v. The provisions of this subdivision shall not operate to invalidate
any conveyance of real property where one or more of the items desig-
nated as subparagraphs one through eight of paragraph ii of this subdi-
vision, have not been reported or which has been erroneously reported,
nor affect the record contrary to the provisions of this subdivision,
nor impair any title founded on such conveyance or record. Such form
shall [be certified] CONTAIN AN AFFIRMATION as to the accuracy of the
contents MADE BOTH by the transferor or transferors and BY the transfer-
ee or transferees. Provided, however, THAT if the conveyance of real
property occurs as a result of a taking by eminent domain, tax foreclo-
sure, or other involuntary proceeding such [form] AFFIRMATION may be
[certified] MADE only by either the condemnor, tax district, or other
party to whom the property has been conveyed, or by that party's attor-
ney. THE AFFIRMATIONS REQUIRED BY THIS PARAGRAPH SHALL BE MADE IN THE
FORM AND MANNER PRESCRIBED BY THE STATE BOARD, PROVIDED THAT NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, AFFIRMANTS MAY BE
ALLOWED, BUT SHALL NOT BE REQUIRED, TO SIGN SUCH AFFIRMATIONS ELECTRON-
ICALLY.
VI. Any deed executed and delivered prior to July first, nineteen
hundred ninety-four may nevertheless be recorded in the office of the
county clerk providing there is submitted therewith, and in place of
such form, a separate statement signed by the transferor or transferors
and the transferee or transferees or any person having sufficient know-
ledge to sign such form which contains the same information required by
the state board of real property services as set forth in subparagraphs
one through four of paragraph ii of this subdivision.
VII. THE STATE BOARD IS HEREBY AUTHORIZED TO DEVELOP AND OVERSEE THE
IMPLEMENTATION OF A SYSTEM TO ALLOW THE DATA REQUIRED BY THIS SUBDIVI-
SION AND SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROPERTY TAX LAW
TO BE REPORTED TO IT ELECTRONICALLY, NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY. THE STATE BOARD IS FURTHER AUTHORIZED TO ADOPT ANY
RULES NECESSARY TO IMPLEMENT SUCH A SYSTEM. SUCH RULES SHALL SET FORTH
SUCH STANDARDS AND PROCEDURES AS MAY BE NEEDED FOR THE EFFECTIVE AND
EFFICIENT ADMINISTRATION OF THE PROGRAM, INCLUDING STANDARDS FOR PROVID-
ING CONFIRMATION TO RECORDING OFFICERS OF THE REPORTING OF REQUIRED DATA
TO THE STATE BOARD.
S. 6606--A 233 A. 9706--A
VIII. UPON AGREEMENT BETWEEN THE STATE BOARD OF REAL PROPERTY SERVICES
AND THE DEPARTMENT OF TAXATION AND FINANCE, THE PROCESS FOR COLLECTING
DATA PURSUANT TO THIS SUBDIVISION AND SECTION FIVE HUNDRED SEVENTY-FOUR
OF THE REAL PROPERTY TAX LAW MAY BE COMBINED IN WHOLE OR IN PART WITH
THE PROCESS FOR COLLECTING DATA PURSUANT TO ARTICLES THIRTY-ONE, ELEVEN,
TWENTY-TWO AND SUBSECTION (A) OF SECTION SIX HUNDRED SIXTY-THREE OF THE
TAX LAW IN CONNECTION WITH THE REAL ESTATE TRANSFER TAX, NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY. THE STATE BOARD AND THE COMMIS-
SIONER OF TAXATION AND FINANCE ARE AUTHORIZED TO ADOPT ANY RULES NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH, INDIVIDUALLY OR
JOINTLY.
S 5. Section 693 of the tax law is amended by adding a new subsection
(e) to read as follows:
(E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF SUBSECTION (E)
OF SECTION SIX HUNDRED NINETY-SEVEN OF THIS PART, THE COMMISSIONER MAY
FURNISH TO THE STATE BOARD OF REAL PROPERTY SERVICES INFORMATION RELAT-
ING TO REAL PROPERTY TRANSFERS OBTAINED OR DERIVED FROM RETURNS FILED
PURSUANT TO THIS ARTICLE IN RELATION TO THE REAL ESTATE TRANSFER TAX, TO
THE EXTENT THAT SUCH INFORMATION IS ALSO REQUIRED TO BE REPORTED TO THE
STATE BOARD BY SECTION THREE HUNDRED THIRTY-THREE OF THE REAL PROPERTY
LAW AND SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROPERTY TAX LAW
AND THE RULES ADOPTED THEREUNDER, PROVIDED SUCH INFORMATION WAS
COLLECTED THROUGH A COMBINED PROCESS ESTABLISHED PURSUANT TO AN AGREE-
MENT ENTERED INTO WITH THE STATE BOARD PURSUANT TO PARAGRAPH VIII OF
SUBDIVISION ONE-E OF SECTION THREE HUNDRED THIRTY-THREE OF THE REAL
PROPERTY LAW. THE STATE BOARD MAY REDISCLOSE SUCH INFORMATION TO THE
EXTENT AUTHORIZED BY SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROP-
ERTY TAX LAW.
S 6. Section 1418 of the tax law is amended by adding a new subdivi-
sion (h) to read as follows:
(H) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE COMMISSIONER MAY FURNISH TO THE STATE BOARD OF REAL PROPERTY
SERVICES INFORMATION RELATING TO REAL PROPERTY TRANSFERS OBTAINED OR
DERIVED FROM RETURNS FILED PURSUANT TO THIS ARTICLE IN RELATION TO THE
REAL ESTATE TRANSFER TAX, TO THE EXTENT THAT SUCH INFORMATION IS ALSO
REQUIRED TO BE REPORTED TO THE STATE BOARD BY SECTION THREE HUNDRED
THIRTY-THREE OF THE REAL PROPERTY LAW AND SECTION FIVE HUNDRED SEVENTY-
FOUR OF THE REAL PROPERTY TAX LAW AND THE RULES ADOPTED THEREUNDER,
PROVIDED SUCH INFORMATION WAS COLLECTED THROUGH A COMBINED PROCESS
ESTABLISHED PURSUANT TO AN AGREEMENT ENTERED INTO WITH THE STATE BOARD
PURSUANT TO PARAGRAPH VIII OF SUBDIVISION ONE-E OF SECTION THREE HUNDRED
THIRTY-THREE OF THE REAL PROPERTY LAW. THE STATE BOARD MAY REDISCLOSE
SUCH INFORMATION TO THE EXTENT AUTHORIZED BY SECTION FIVE HUNDRED SEVEN-
TY-FOUR OF THE REAL PROPERTY TAX LAW.
S 7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that the
state board of real property services and the department of taxation and
finance are hereby authorized to adopt any rules needed to implement the
provisions of this act prior to such date.
PART Y
Section 1. Paragraphs (a), (b) and (c) of subdivision 1 and subdivi-
sion 2 of section 1573 of the real property tax law, paragraph (a) of
subdivision 1 as amended and paragraphs (b) and (c) of subdivision 1 as
added by chapter 309 of the laws of 1996, subdivision 2 as amended by
S. 6606--A 234 A. 9706--A
chapter 655 of the laws of 2004 and paragraph (a) of subdivision 2 as
amended by chapter 212 of the laws of 2006, are amended to read as
follows:
(a) the assessing unit has satisfied standards of quality assessment
administration, as established by the state board pursuant to regu-
lations promulgated by the state board, subject to the approval of the
director of the budget[. Such rules shall be based upon but not limited
to the following criteria:
(i) quality and maintenance of valuation data;
(ii) presentation of public information and data;
(iii) administration of exemptions;
(iv) an acceptable level of assessment uniformity as measured annually
by the state board; and
(v) compliance with statutes and rules.] AND HAS IMPLEMENTED A REVALU-
ATION PURSUANT TO AN APPROVED PLAN AS PROVIDED IN THIS SUBDIVISION;
(b) [any revaluation or update of assessments, implemented on an
assessment roll finalized after the first day of January, nineteen
hundred ninety-six,] THE REVALUATION is at one hundred percent of value;
however, in special assessing units the revaluation or update of assess-
ments must be at a uniform percentage of value for each class;
(c) [the assessing unit has published, on the tentative assessment
roll, the uniform percentage of value at which all real property is
assessed, or in special assessing units, the uniform percentage of value
at which each class of property is assessed;] THE REVALUATION WAS IMPLE-
MENTED PURSUANT TO A PLAN, APPROVED PURSUANT TO THE RULES OF THE STATE
BOARD, OF NOT LESS THAN FOUR YEARS THAT PROVIDES, AT A MINIMUM, FOR A
REVALUATION IN THE FIRST AND LAST YEAR OF SUCH PLAN, BUT IN NO CASE LESS
THAN ONCE EVERY FOUR YEARS, AND FOR INVENTORY DATA TO BE COLLECTED AT
LEAST ONCE EVERY SIX YEARS;
2. (A) State assistance pursuant to subdivision one of this section
shall be payable [as follows] in an amount not to exceed five dollars
per parcel for [each separately assessed parcel appearing on the appli-
cable] AN assessment roll[, excluding] UPON WHICH A REVALUATION IS
IMPLEMENTED IN ACCORDANCE WITH AN APPROVED PLAN, AND NOT TO EXCEED TWO
DOLLARS PER PARCEL FOR ANY ASSESSMENT ROLL UPON WHICH A REVALUATION IS
NOT IMPLEMENTED IN ACCORDANCE WITH AN APPROVED PLAN. THE AMOUNT PAYABLE
ON A PER PARCEL BASIS SHALL EXCLUDE parcels which are wholly exempt or
assessed by the state board[: (a) Triennial aid shall be payable when
the state board determines that the assessing unit has implemented a
revaluation or update that includes the reinspection and reappraisal of
all locally assessed properties. However, no assessing unit may qualify
for this payment more than once in a three year period, and no aid may
be paid pursuant to this paragraph with respect to any assessment roll
filed after the year two thousand eleven.
(b) (i) Annual aid shall be payable when the state board determines
that the assessing unit has maintained an equitable assessment roll.
Such determination shall be made in accordance with standards estab-
lished pursuant to regulations promulgated by the state board, subject
to the approval of the director of the budget, and shall be based upon
criteria including but not limited to:
(A) annually maintaining assessments at the percentage of value speci-
fied in subdivision one of this section;
(B) annually conducting a systematic analysis of all locally assessed
properties using a methodology specified in such regulations;
(C) annually revising assessments as necessary to maintain the stated
uniform percentage of value; and
S. 6606--A 235 A. 9706--A
(D) implementing a local program for physically inspecting and reap-
praising each parcel at least once every six years.
(E) Such standards shall contain ranges of acceptable performance as
determined by the state board in accordance with nationally recognized
assessment methods.
(ii) No aid shall be paid pursuant to this paragraph with respect to
any assessment roll which receives triennial aid pursuant to paragraph
(a) of this subdivision].
[(iii)] (B) ANY ASSESSING UNIT THAT FAILS TO IMPLEMENT A REVALUATION
AS PRESCRIBED IN AN APPROVED PLAN SHALL REMIT TO THE STATE THE FULL
AMOUNT OF ANY STATE AID RECEIVED PURSUANT TO THIS SUBDIVISION FOR THE
ASSESSMENT ROLLS FOLLOWING THE ONE UPON WHICH THE MOST RECENT REVALU-
ATION WAS IMPLEMENTED.
(C) NOTHING HEREIN SHALL BE DEEMED TO PREVENT AN ASSESSING UNIT FROM
WITHDRAWING FROM AN APPROVED PLAN. ANY ASSESSING UNIT THAT DOES SO SHALL
ONLY BE RESPONSIBLE FOR REMISSION OF PER PARCEL PAYMENTS FOR NON-REVALU-
ATION YEARS.
(D) No grant awarded to any individual assessing unit in any given
year pursuant to this subdivision shall exceed five hundred thousand
dollars.
S 2. This act shall take effect immediately and shall apply to assess-
ment rolls with taxable status dates occurring on and after March 1,
2010.
PART Z
Section 1. Clause 2 of subparagraph (viii) of paragraph a of subdivi-
sion 10 of section 54 of the state finance law, as amended by section 5
of part GG of chapter 56 of the laws of 2009, is amended to read as
follows:
(2) for the state fiscal year commencing April first, two thousand
eight and in each state fiscal year thereafter, the base level grant
received in the immediately preceding state fiscal year pursuant to
paragraph b of this subdivision, EXCLUDING ANY DEFICIT REDUCTION ADJUST-
MENT PURSUANT TO PARAGRAPH E-1 OF THIS SUBDIVISION, plus any additional
apportionments received in such year pursuant to paragraph d of this
subdivision and any per capita adjustments received in such year pursu-
ant to paragraph e of this subdivision plus any additional aid received
in such year pursuant to paragraph p of this subdivision.
S 2. Paragraph b of subdivision 10 of section 54 of the state finance
law, as amended by section 2 of part O of chapter 56 of the laws of
2008, is amended to read as follows:
b. Base level grants. (I) Within amounts appropriated in the state
fiscal year commencing April first, two thousand seven and in each state
fiscal year thereafter, there shall be apportioned and paid to a county
with a population of less than one million but more than nine hundred
twenty-five thousand according to the federal decennial census of two
thousand, cities with a population of less than one million, towns and
villages a base level grant in an amount equal to the prior year aid
received by such county, city, town or village.
(II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN
AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST,
TWO THOUSAND TEN, THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI-
PALITY A BASE LEVEL GRANT IN AN AMOUNT EQUAL TO THE PRIOR YEAR AID
RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT CALCU-
LATED IN ACCORDANCE WITH CLAUSE TWO OF THIS SUBPARAGRAPH.
S. 6606--A 236 A. 9706--A
(1) WHEN USED IN THIS SUBPARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
(A) "2008-09 AIM FUNDING" SHALL MEAN THE SUM OF THE BASE LEVEL GRANT
PURSUANT TO THIS PARAGRAPH, ADDITIONAL ANNUAL APPORTIONMENT PURSUANT TO
PARAGRAPH D OF THIS SUBDIVISION, PER CAPITA ADJUSTMENT PURSUANT TO PARA-
GRAPH E OF THIS SUBDIVISION AND SPECIAL AID AND INCENTIVES TO CERTAIN
ELIGIBLE CITIES AS APPROPRIATED IN CHAPTER FIFTY OF THE LAWS OF TWO
THOUSAND EIGHT, AS AMENDED BY CHAPTER ONE OF THE LAWS OF TWO THOUSAND
NINE, APPORTIONED AND PAID TO SUCH MUNICIPALITY IN THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND EIGHT.
(B) "2008 TOTAL REVENUES" SHALL MEAN "TOTAL REVENUES" FOR SUCH MUNICI-
PALITY AS REPORTED IN THE STATE COMPTROLLER'S SPECIAL REPORT ON LOCAL
GOVERNMENT FINANCES FOR NEW YORK STATE FOR LOCAL FISCAL YEARS ENDED IN
TWO THOUSAND EIGHT.
(C) "AIM RELIANCE" SHALL MEAN 2008-09 AIM FUNDING EXPRESSED AS A
PERCENTAGE OF 2008 TOTAL REVENUES.
(2) THE BASE LEVEL GRANT ADJUSTMENT SHALL EQUAL:
(A) TWO PERCENT OF PRIOR YEAR AID IF AIM RELIANCE WAS AT LEAST TEN
PERCENT, OR
(B) FIVE PERCENT OF PRIOR YEAR AID IF AIM RELIANCE WAS LESS THAN TEN
PERCENT.
(III) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A COUNTY
WITH A POPULATION OF LESS THAN ONE MILLION BUT MORE THAN NINE HUNDRED
TWENTY-FIVE THOUSAND ACCORDING TO THE FEDERAL DECENNIAL CENSUS OF TWO
THOUSAND SHALL NOT RECEIVE A BASE LEVEL GRANT IN THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND TEN OR IN ANY STATE FISCAL YEAR
THEREAFTER.
S 3. Paragraph i of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (vii) to read as follows:
(VII) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND TEN, THE BASE LEVEL
GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS
SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A TOWN
OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL YEAR
BEGINS JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY WHOSE
FISCAL YEAR DOES NOT BEGIN ON JANUARY FIRST.
S 4. Paragraph j of subdivision 10 of section 54 of the state finance
law, as amended by section 3 of part D of chapter 503 of the laws of
2009, is amended to read as follows:
j. Special aid and incentives for municipalities to the city of New
York. In the state fiscal year commencing April first, two thousand
seven a city with a population of one million or more shall receive
twenty million dollars on or before December fifteenth. In the state
fiscal year commencing April first, two thousand eight, a city with a
population of one million or more shall receive two hundred forty-five
million nine hundred forty-four thousand eight hundred thirty-four
dollars payable on or before December fifteenth. In the state fiscal
year commencing April first, two thousand nine, [and in each state
fiscal year thereafter,] a city with a population of one million or more
shall receive three hundred one million six hundred fifty-eight thousand
four hundred ninety-five dollars payable on or before December
fifteenth. Special aid and incentives for municipalities to the city of
New York shall be apportioned and paid as required as follows:
(i) Any amounts required to be paid to the city university
construction fund pursuant to the city university construction fund act;
S. 6606--A 237 A. 9706--A
(ii) Any amounts required to be paid to the New York city housing
development corporation pursuant to the New York city housing develop-
ment corporation act;
(iii) Five hundred thousand dollars to the chief fiscal officer of the
city of New York for payment to the trustees of the police pension fund
of such city;
(iv) Eighty million dollars to the special account for the municipal
assistance corporation for the city of New York in the municipal assist-
ance tax fund created pursuant to section ninety-two-d of this chapter
to the extent that such amount has been included by the municipal
assistance corporation for the city of New York in any computation for
the issuance of bonds on a parity with outstanding bonds pursuant to a
contract with the holders of such bonds prior to the issuance of any
other bonds secured by payments from the municipal assistance corpo-
ration for the city of New York in the municipal assistance state aid
fund created pursuant to section ninety-two-e of this chapter;
(v) The balance of the special account for the municipal assistance
corporation for the city of New York in the municipal assistance state
aid fund created pursuant to section ninety-two-e of this chapter;
(vi) Any amounts to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the municipal
assistance state aid fund;
(vii) To the state of New York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the public
authorities law; and
(viii) To the transit construction fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law, and
thereafter to the city of New York.
Notwithstanding any other law to the contrary, the amount paid to any
city with a population of one million or more on or before December
fifteenth shall be for an entitlement period ending the immediately
preceding June thirtieth.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.
PART AA
Section 1. Subdivision 2 of section 54-l of the state finance law, as
amended by section 1 of part KK of chapter 56 of the laws of 2009, is
amended to read as follows:
2. Within amounts appropriated therefor, an eligible city and an
eligible municipality shall receive a state aid payment as follows:
a. An eligible city shall receive: (i) for the state fiscal years
commencing April first, two thousand seven and April first, two thousand
eight, a state aid payment equal to three and one-half percent of the
"estimated net machine income" generated by a video lottery gaming
facility located in such eligible city. Such state aid payment shall not
exceed twenty million dollars per eligible city; and (ii) for the state
fiscal year commencing April first, two thousand nine and for each state
fiscal year thereafter, an amount equal to the state aid payment
received in the state fiscal year commencing April first, two thousand
eight.
b. Eligible municipalities shall receive: (i) for the state fiscal
years commencing April first, two thousand seven and April first, two
thousand eight, a share of three and one-half percent of the "estimated
net machine income" generated by a video lottery gaming facility located
S. 6606--A 238 A. 9706--A
within such eligible municipality as follows: (1) twenty-five percent
shall be apportioned and paid to the county; and (2) seventy-five
percent shall be apportioned and paid on a pro rata basis to eligible
municipalities, other than the county, based upon the population of such
eligible municipalities. Such state aid payment shall not exceed twen-
ty-five percent of an eligible municipality's total expenditures as
reported in the statistical report of the comptroller in the preceding
state fiscal year pursuant to section thirty-seven of the general munic-
ipal law; [and] (ii) for the state fiscal year commencing April first,
two thousand nine [and for each state fiscal year thereafter]: (1) for
an eligible municipality which is located in a county that has a poverty
rate equal to or greater than seventy-five percent of the New York state
poverty rate, an amount equal to the state aid payment received in the
state fiscal year commencing April first, two thousand eight; and (2)
for an eligible municipality which is located in a county that has a
poverty rate less than seventy-five percent of the New York state pover-
ty rate, an amount equal to fifty percent of the state aid payment
received in the state fiscal year commencing April first, two thousand
eight; AND (III) FOR THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO
THOUSAND TEN AND FOR EACH STATE FISCAL YEAR THEREAFTER, AN AMOUNT EQUAL
TO NINETY PERCENT OF THE STATE AID PAYMENT RECEIVED IN THE STATE FISCAL
YEAR COMMENCING APRIL FIRST, TWO THOUSAND NINE.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.
PART BB
Section 1. The legislative law is amended by adding a new section 51-a
to read as follows:
S 51-A. MORATORIUM ON UNFUNDED MANDATES. 1. DEFINITIONS. AS USED IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, OR SPECIAL DISTRICT.
(B) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING ANY PROGRAM, PROJECT, OR ACTIVITY AFTER
SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH LOCAL
GOVERNMENT IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
BUT NOT LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
ITY;
(II) STATE OR FEDERAL FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
ACTIVITY; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW
REQUIRES SUCH LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
(C) "UNFUNDED MANDATE" MEANS:
(I) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE OR
UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND
DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
(II) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGH-
ER LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR
ACTIVITY THAT RESULTS IN AN ANNUAL NET ADDITIONAL COST TO ANY LOCAL
GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET
S. 6606--A 239 A. 9706--A
ADDITIONAL COST TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF
ONE MILLION DOLLARS; OR
(III) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
(IV) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKE-
LY HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
DOLLARS IN ANY LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS
STATEWIDE.
2. MORATORIUM ON UNFUNDED MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
3. EXEMPTIONS. (A) A STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
MANDATE WHERE SUCH LAW:
(I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
(II) IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW
THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
(III) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A LOCAL
GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
FIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE PROGRAM OR
SERVICE; OR
(IV) IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLEMENTS A
FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL
GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR EXECU-
TIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT; OR
(V) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
(VI) REPEALS OR REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
THAT A LOCAL GOVERNMENT PROVIDE OR UNDERTAKE A PROGRAM, PROJECT, OR
ACTIVITY, OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
MENTS; OR
(VII) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
HEALTH OR SAFETY.
(B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
MENTATION THEREOF AND SHALL BE CONSISTENT WITH THE AVAILABILITY OF
REQUIRED FUNDS.
S 2. Section 51 of the legislative law, as added by chapter 985 of the
laws of 1983, is amended to read as follows:
S 51. Fiscal [impact] notes on bills affecting political subdivisions.
1. For the purpose of this section, the term "political subdivision"
means any county, city, town, village, special district or school
district.
2. [The legislature shall by concurrent resolution of the senate and
assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
rate form, bills and amendments to bills, except as otherwise prescribed
by such rules, which] A BILL THAT would substantially affect the reven-
ues or expenses, or both, of any political subdivision SHALL CONTAIN A
FISCAL NOTE STATING THE ESTIMATED ANNUAL COST TO THE POLITICAL SUBDIVI-
SION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
3. Fiscal notes shall not, however, be required for bills: (a) subject
to the provisions of section fifty of this chapter, or (b) accompanied
S. 6606--A 240 A. 9706--A
by special home rule requests submitted by political subdivisions, or
(c) which provide discretionary authority to political subdivisions, or
(d) submitted pursuant to section twenty-four of the state finance law.
4. If the estimate or estimates contained in a fiscal note are inaccu-
rate, such inaccuracies shall not affect, impair or invalidate such
bill.
S 3. This act shall take effect immediately, provided, however, that
section one of this act shall only apply to laws enacted after such
effective date and shall expire and be deemed repealed four years after
such effective date.
PART CC
Section 1. Section 101 of the general municipal law is amended by
adding a new subdivision 6 to read as follows:
6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION AND ANY OTHER LAW
TO THE CONTRARY, ANY CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVEN-
ANT, OR OTHER AGREEMENT FOR PROJECTS UNDERTAKEN BY SCHOOL DISTRICTS
SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SEPARATE SPECIFICATIONS
(REFERRED TO AS THE WICKS LAW).
S 2. Subdivisions 2 and 2-a of section 458 of the education law,
subdivision 2 as amended and subdivision 2-a as added by section 5 of
part MM of chapter 57 of the laws of 2008, are amended to read as
follows:
2. [Except as otherwise provided in section two hundred twenty-two of
the labor law, every contract, lease or other agreement entered into by
or on behalf of the fund for the acquisition, lease, construction,
reconstruction, rehabilitation or improvement of the school portion of
the work in any combined occupancy structure shall contain a provision
that, when the entire cost of any such contemplated construction, recon-
struction, rehabilitation or improvement for the school portion of the
work shall exceed three million dollars in the counties of the Bronx,
Kings, New York, Queens, and Richmond; one million five hundred thousand
dollars in the counties of Nassau, Suffolk and Westchester; and five
hundred thousand dollars in all other counties within the state, sepa-
rate specifications shall be prepared for the following three subdivi-
sions of the work on the school portion to be performed:
a. Plumbing and gas fitting;
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
c. Electric wiring and standard illuminating fixtures.
Such specifications shall be drawn so as to permit the letting of
separate and independent contracts for each of the above three subdivi-
sions of work. Within the above three subdivisions of work, any equip-
ment, apparatus and/or installations which shall be designed to service
the entire combined occupancy structure shall be included within the
school portion of the work or let as separate and independent contracts
even if physically located within the non-school portion of the work.]
Except as otherwise provided by the public housing law, the provisions
of which shall apply when the developer is the New York city housing
authority, every developer or general contractor undertaking the
construction, reconstruction, rehabilitation or improvement of any such
combined occupancy structure pursuant to or in furtherance of the
provisions of this article shall let [separate] contracts to the lowest
responsible bidder for the [three subdivisions of the above specified]
work to persons, firms or corporations approved by the chairman of the
S. 6606--A 241 A. 9706--A
fund as being qualified, responsible and reliable bidders engaged in
these classes of work. All such qualified bidders engaged in [the above
specified] THIS work shall be entitled to bid and to receive, upon
request, a copy of the plans and specifications. All such bids shall be
submitted to the fund and shall be opened publicly at a stated time and
place.
2-a. Each bidder on a public work contract[, where the preparation of
separate specifications is not required,] shall submit with its bid a
separate sealed list that names each subcontractor that the bidder will
use to perform work on the contract, and the agreed-upon amount to be
paid to each, for: a. plumbing and gas fitting, b. steam heating, hot
water heating, ventilating and air conditioning apparatus and c. elec-
tric wiring and standard illuminating fixtures. After the low bid is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and thereafter any change of subcontractor or agreed-upon amount to be
paid to each shall require the approval of the public owner, upon a
showing presented to the public owner of legitimate construction need
for such change, which shall be open to public inspection. Legitimate
construction need shall include, but not be limited to, a change in
project specifications, a change in construction material costs, a
change to subcontractor status as determined pursuant to paragraph (e)
of subdivision two of section two hundred twenty-two of the labor law,
or the subcontractor has become otherwise unwilling, unable or unavail-
able to perform the subcontract. The sealed lists of subcontractors
submitted by all other bidders shall be returned to them unopened after
the contract award.
S 3. Subdivisions 2 and 2-a of section 482 of the education law,
subdivision 2 as amended and subdivision 2-a as added by section 6 of
part MM of chapter 57 of the laws of 2008, are amended to read as
follows:
2. [Except as otherwise provided in section two hundred twenty-two of
the labor law, every contract, lease or other agreement entered into by
or on behalf of the fund for the acquisition, lease, construction,
reconstruction, rehabilitation or improvement of any combined occupancy
structure shall contain a provision that, when the entire cost of any
such contemplated construction, reconstruction, rehabilitation or
improvement shall exceed three million dollars in the counties of the
Bronx, Kings, New York, Queens, and Richmond; one million five hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and
five hundred thousand dollars in all other counties within the state,
separate specifications shall be prepared for the following three subdi-
visions of the work to be performed:
a. Plumbing and gas fitting;
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
c. Electric wiring and standard illuminating fixtures.
Such specifications shall be drawn so as to permit the letting of
separate and independent contracts for each of the above three subdivi-
sions of work.] Except as otherwise provided by the public housing law,
the provisions of which shall apply when the developer is the Yonkers
city housing authority, every developer or general contractor undertak-
ing the construction, reconstruction, rehabilitation or improvement of
any such combined occupancy structure pursuant to or in furtherance of
the provisions of this article shall let [separate] contracts to the
lowest responsible bidder for the [three subdivisions of the above spec-
S. 6606--A 242 A. 9706--A
ified] work to persons, firms or corporations approved by the chairman
of the fund as being qualified, responsible and reliable bidders engaged
in these classes of work. All such qualified bidders engaged in [the
above specified] THIS work shall be entitled to bid and to receive, upon
request, a copy of the plans and specifications. All such bids shall be
submitted to the fund and shall be opened publicly at a stated time and
place.
2-a. Each bidder on a public work contract[, where the preparation of
separate specifications is not required,] shall submit with its bid a
separate sealed list that names each subcontractor that the bidder will
use to perform work on the contract, and the agreed-upon amount to be
paid to each, for: a. plumbing and gas fitting, b. steam heating, hot
water heating, ventilating and air conditioning apparatus and c. elec-
tric wiring and standard illuminating fixtures. After the low bid is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and thereafter any change of subcontractor or agreed-upon amount to be
paid to each shall require the approval of the public owner, upon a
showing presented to the public owner of legitimate construction need
for such change, which shall be open to public inspection. Legitimate
construction need shall include, but not be limited to, a change in
project specifications, a change in construction material costs, a
change to subcontractor status as determined pursuant to paragraph (e)
of subdivision two of section two hundred twenty-two of the labor law,
or the subcontractor has become otherwise unwilling, unable or unavail-
able to perform the subcontract. The sealed lists of subcontractors
submitted by all other bidders shall be returned to them unopened after
the contract award.
S 4. Subdivision 1 of section 1735 of the public authorities law, as
amended by chapter 345 of the laws of 2009, is amended to read as
follows:
1. Notwithstanding the provisions of paragraph b of subdivision one of
section seventeen hundred thirty-four of this title, the award of
construction contracts by the authority [between July first, nineteen
hundred eighty-nine and June thirtieth, two thousand fourteen,] shall
not be subject to the provisions of section one hundred one of the
general municipal law.
S 5. Section 19 of chapter 738 of the laws of 1988, amending the
administrative code of the city of New York, the public authorities law
and other laws relating to the New York city school construction author-
ity, as amended by chapter 345 of the laws of 2009, is amended to read
as follows:
S 19. This act shall take effect immediately, provided, however, that
the provisions of subdivision 6 of section 209 of the civil service law,
as added by section four of this act, shall expire and be deemed
repealed on and after June 30, 1995[, and further provided that the
provisions of section 1735 of the public authorities law, as added by
section fourteen of this act, shall expire and be deemed repealed on
June 30, 2014].
S 6. This act shall take effect immediately and shall control all
contracts advertised or solicited for bid on or after such date under
the provisions of any law requiring contracts to be let pursuant to
provisions of law amended by this act.
PART DD
S. 6606--A 243 A. 9706--A
Section 1. Subdivision 1 of section 3-a of the general municipal law,
as amended by chapter 4 of the laws of 1991, is amended to read as
follows:
1. Except as provided in subdivisions two, four and five of this
section, the rate of interest to be paid by a municipal corporation upon
any judgment or accrued claim against the municipal corporation shall
[not exceed nine per centum per annum] BE CALCULATED AT A RATE EQUAL TO
THE WEEKLY AVERAGE ONE YEAR CONSTANT MATURITY TREASURY YIELD, AS
PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR
THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARD-
ING DAMAGES. IN NO EVENT, HOWEVER, SHALL A MUNICIPAL CORPORATION PAY A
RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED CLAIM MORE THAN NINE PER
CENTUM PER ANNUM.
S 2. Subdivision 5 of section 157 of the public housing law, as
amended by chapter 681 of the laws of 1982, is amended to read as
follows:
5. The rate of interest to be paid by an authority upon any judgment
or accrued claim against the authority shall [not exceed nine per centum
per annum] BE CALCULATED AT A RATE EQUAL TO THE WEEKLY AVERAGE ONE YEAR
CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES. IN NO EVENT, HOWEVER,
SHALL AN AUTHORITY PAY A RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED
CLAIM MORE THAN NINE PER CENTUM PER ANNUM.
S 3. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
S 16. Rate of interest on judgments and accrued claims against the
state. The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT A RATE EQUAL TO THE WEEKLY AVERAGE ONE YEAR
CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES. IN NO EVENT, HOWEVER,
SHALL THE STATE PAY A RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED CLAIM
MORE THAN NINE PER CENTUM PER ANNUM.
S 4. Section 1 of chapter 585 of the laws of 1939, relating to the
rate of interest to be paid by certain public corporations upon judg-
ments and accrued claims, as amended by chapter 681 of the laws of 1982,
is amended to read as follows:
Section 1. The rate of interest to be paid by a public corporation
upon any judgment or accrued claim against the public corporation shall
[not exceed nine per centum per annum] BE CALCULATED AT A RATE EQUAL TO
THE WEEKLY AVERAGE ONE YEAR CONSTANT MATURITY TREASURY YIELD, AS
PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR
THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARD-
ING DAMAGES. IN NO EVENT, HOWEVER, SHALL A PUBLIC CORPORATION PAY A
RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED CLAIM MORE THAN NINE PER
CENTUM PER ANNUM. The term "public corporation" as used in this act
shall mean and include every corporation created for the construction of
public improvements, other than a county, city, town, village, school
district or fire district or an improvement district established in a
town or towns, and possessing both the power to contract indebtedness
and the power to collect rentals, charges, rates or fees for services or
facilities furnished or supplied.
S 5. This act shall take effect immediately.
S. 6606--A 244 A. 9706--A
PART EE
Section 1. Section 180 of the agriculture and markets law, as added
by chapter 874 of the laws of 1977, is amended to read as follows:
S 180. Municipal directors of weights and measures. 1. There shall be
a county director of weights and measures in each county, except where
(A) a county is wholly embraced within a city there shall be a city
director of weights and measures, OR (B) WHERE TWO OR MORE COUNTIES HAVE
ENTERED INTO AN INTERMUNICIPAL AGREEMENT, PURSUANT TO ARTICLE FIVE-G OF
THE GENERAL MUNICIPAL LAW, TO SHARE THE FUNCTIONS, POWERS, AND DUTIES OF
ONE DIRECTOR OF WEIGHTS AND MEASURES. Any county or city having a popu-
lation of one million or more may elect to designate its commissioner of
consumer affairs as its director of weights and measures. Subdivision
four of this section shall not apply to a commissioner of consumer
affairs so designated.
2. No city may institute a weights and measures program. Provided,
that any city which maintained a weights and measures program on January
first, nineteen hundred seventy-six may continue such program under a
city director of weights and measures.
a. Any such city may contract with the legislature of the county in
which it is located for the county director of weights and measures to
perform the duties of and have the same powers within such city as the
city director. Such contract shall fix the amount to be paid annually by
the city to the county for such services. During the period such
contract is in force and effect, the office of city director of weights
and measures shall be abolished.
b. The county director shall not have jurisdiction in any city which
has a city director of weights and measures, except in the county of
Westchester the county director shall have concurrent jurisdiction with
city directors of weights and measures in such county.
3. Nothing contained herein shall prohibit the governing body of any
county or city from assigning to its municipal director powers and
duties in addition to the powers and duties prescribed by this article
provided such additional powers and duties deal primarily with services
designed to aid and protect the consumer and are not inconsistent with
the provisions of this article.
4. The municipal director shall be appointed by the appropriate
authority of the municipality in which he resides having the general
power of appointment of officers and employees. WHERE TWO OR MORE COUN-
TIES HAVE ENTERED INTO AN INTERMUNICIPAL AGREEMENT, PURSUANT TO ARTICLE
FIVE-G OF THE GENERAL MUNICIPAL LAW, TO SHARE THE FUNCTIONS, POWERS, AND
DUTIES OF ONE DIRECTOR OF WEIGHTS AND MEASURES, SUCH MUNICIPAL DIRECTOR
MAY RESIDE IN ANY COUNTY THAT IS A PARTY TO THE INTERMUNICIPAL AGREE-
MENT. He shall be paid a salary determined by the appropriate authority
and shall be provided by such authority with the working standards of
weights, measures and other equipment as required by rules and regu-
lations promulgated in accordance with this article. The position of
municipal director shall be in the competitive class of the civil
service with respect to all persons appointed on or after the effective
date of this act.
S 2. Section 775 of the county law is amended to read as follows:
S 775. [County sealer] DIRECTOR OF WEIGHTS AND MEASURES; duties. The
[county sealer] DIRECTOR OF WEIGHTS AND MEASURES shall perform the
duties prescribed by law for the enforcement of honest weights and meas-
ures. He shall perform such additional and related duties as may be
prescribed by law and directed by the board of supervisors.
S. 6606--A 245 A. 9706--A
S 3. Subdivision 7 of section 176-b of the town law, as separately
amended by chapters 302, 314, 468 and 474 of the laws of 2009, is
amended to read as follows:
7. (A) The membership of any volunteer firefighter shall not be
continued pursuant to subdivision five of this section, and persons
shall not be elected to membership pursuant to subdivision six of this
section, if, by so doing, the percentage of such non-resident members in
the fire company would exceed forty-five per centum of the actual
membership of the fire company, provided however, that the provisions of
this subdivision shall not apply to the memberships of the Shelter
Island Heights fire district, the Cherry Grove fire district, the Fire
Island Pines fire district, the Davis Park fire department, and the Cold
Spring Harbor fire district in Suffolk county, the New Hampton fire
district, the Mechanicstown fire district, the Pocatello fire district,
the Washington Heights fire district and the Good Will fire district in
Orange county, the Jericho fire district and the Westbury fire district
in Nassau county, the Orangeburg fire district in Rockland county, the
South Lockport Fire Company and the Terry's Corners volunteer fire
company in Niagara County, the Taunton fire district and the Onondaga
Hill fire department in Onondaga county, the Town of Batavia fire
department in Genesee County, the Schuyler Heights fire district and the
Slingerlands fire district I in Albany county, the town of Providence
fire district in Saratoga county, the River Road fire district, No. 3 in
Erie county, the Sir William Johnson Fire Company in Fulton county, the
Fort Johnson Fire district in Montgomery county or the memberships of
the Millwood fire district, the Purchase Fire District, the North Castle
South Fire District, No. 1 in Westchester county, the Thornwood fire
company, No. 1 in Westchester county and the Rockland Lake fire district
in Rockland county.
(B) UPON APPLICATION BY A FIRE DISTRICT OR FIRE COMPANY TO THE STATE
FIRE ADMINISTRATOR, THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL BE WAIVED, PROVIDED THAT NO ADJACENT FIRE DISTRICT OBJECTS
WITHIN SIXTY DAYS OF NOTICE, PUBLISHED IN THE STATE REGISTER. ANY SUCH
OBJECTION SHALL BE MADE IN WRITING TO THE STATE FIRE ADMINISTRATOR
SETTING FORTH THE REASONS SUCH WAIVER SHOULD NOT BE GRANTED. IN CASES
WHERE AN OBJECTION IS PROPERLY FILED, THE STATE FIRE ADMINISTRATOR SHALL
HAVE THE AUTHORITY TO GRANT A WAIVER UPON CONSIDERATION OF (1) THE
DIFFICULTY OF THE FIRE COMPANY OR DISTRICT IN RETAINING AND RECRUITING
ADEQUATE PERSONNEL; (2) ANY ALTERNATIVE MEANS AVAILABLE TO THE FIRE
COMPANY OR DISTRICT TO ADDRESS SUCH DIFFICULTIES; AND (3) THE IMPACT OF
SUCH WAIVER ON ADJACENT FIRE DISTRICTS.
S 4. Section 578 of the real property tax law, as added by chapter 636
of the laws of 1970, is amended to read as follows:
S 578. County assistance under cooperative agreements. 1. The legis-
lative bodies of the counties and the governing boards of the cities,
towns, villages and school districts or appropriate officers thereof
authorized by such legislative body or governing board, as the case may
be, shall have power to enter into contracts with each other for data
processing and other mechanical assistance in the preparation of assess-
ment rolls, tax rolls, tax bills and other assessment and property tax
records and for supplies of field books, assessment rolls and other
assessment and property tax forms.
2. THE LEGISLATIVE BODY OF A COUNTY AND THE GOVERNING BODY OF ANY
CITY, TOWN, VILLAGE OR SCHOOL DISTRICT THEREIN SHALL HAVE THE POWER TO
ENTER INTO CONTRACTS WITH EACH OTHER UNDER WHICH THE COUNTY TREASURER
SHALL SERVE AS THE TAX COLLECTING OFFICER FOR SUCH CITY, TOWN, VILLAGE
S. 6606--A 246 A. 9706--A
OR SCHOOL DISTRICT. SUCH AN AGREEMENT SHALL BE CONSIDERED AN AGREEMENT
FOR THE PROVISION OF A "JOINT SERVICE" FOR PURPOSES OF ARTICLE FIVE-G OF
THE GENERAL MUNICIPAL LAW. ANY SUCH AGREEMENT SHALL BE APPROVED BY BOTH
THE CITY, TOWN, VILLAGE OR SCHOOL DISTRICT AND THE COUNTY, BY A MAJORITY
VOTE OF THE VOTING STRENGTH OF EACH GOVERNING BODY.
S 5. This act shall take effect immediately.
PART FF
Section 1. Subdivision 1 of section 103 of the general municipal law,
as amended by section 1 of part D of chapter 494 of the laws of 2009, is
amended to read as follows:
1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an expenditure of
more than [thirty-five] FIFTY thousand dollars and all purchase
contracts involving an expenditure of more than [ten] TWENTY thousand
dollars, shall be awarded by the appropriate officer, board or agency of
a political subdivision or of any district therein including but not
limited to a soil conservation district, to the lowest responsible
bidder furnishing the required security after advertisement for [sealed]
bids in the manner provided by this section. In any case where a respon-
sible bidder's gross price is reducible by an allowance for the value of
used machinery, equipment, apparatus or tools to be traded in by a poli-
tical subdivision, the gross price shall be reduced by the amount of
such allowance, for the purpose of determining the low bid. In cases
where two or more responsible bidders furnishing the required security
submit identical bids as to price, such officer, board or agency may
award the contract to any of such bidders. Such officer, board or agency
may, in his OR HER or its discretion, reject all bids and readvertise
for new bids in the manner provided by this section. [For purposes of
this section, "sealed bids", as that term applies to purchase contracts,
shall include bids] IN DETERMINING WHETHER A PURCHASE IS AN EXPENDITURE
WITHIN THE DISCRETIONARY THRESHOLD AMOUNTS ESTABLISHED BY THIS SUBDIVI-
SION, THE OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR OF ANY
DISTRICT THEREIN SHALL CONSIDER THE REASONABLY EXPECTED AGGREGATE AMOUNT
OF ALL PURCHASES OF THE SAME COMMODITIES, SERVICES OR TECHNOLOGY TO BE
MADE WITHIN THE TWELVE-MONTH PERIOD COMMENCING ON THE DATE OF PURCHASE.
PURCHASES OF COMMODITIES, SERVICES OR TECHNOLOGY SHALL NOT BE ARTI-
FICIALLY DIVIDED FOR THE PURPOSE OF SATISFYING THE DISCRETIONARY BUYING
THRESHOLDS ESTABLISHED BY THIS SUBDIVISION. A CHANGE TO OR A RENEWAL OF
A DISCRETIONARY PURCHASE SHALL NOT BE PERMITTED IF THE CHANGE OR RENEWAL
WOULD BRING THE REASONABLY EXPECTED AGGREGATE AMOUNT OF ALL PURCHASES OF
THE SAME COMMODITIES, SERVICES OR TECHNOLOGY FROM THE SAME PROVIDER
WITHIN THE TWELVE-MONTH PERIOD COMMENCING ON THE DATE OF THE FIRST
PURCHASE TO AN AMOUNT GREATER THAN THE DISCRETIONARY BUYING THRESHOLD
AMOUNT. BIDS MAY BE submitted in an electronic format INCLUDING
SUBMISSION OF THE STATEMENT OF NON-COLLUSION REQUIRED BY SECTION ONE
HUNDRED THREE-D OF THIS ARTICLE, provided that the governing board of
the political subdivision or district, by resolution, has authorized the
receipt of bids in such format. Submission in electronic format may
[not, however,] be required as the sole method for the submission of
bids. Bids submitted in an electronic format shall be transmitted by
bidders to the receiving device designated by the political subdivision
or district. Any method used to receive electronic bids shall comply
with article three of the state technology law, and any rules and regu-
S. 6606--A 247 A. 9706--A
lations promulgated and guidelines developed thereunder and, at a mini-
mum, must (a) document the time and date of receipt of each bid received
electronically; (b) authenticate the identity of the sender; (c) ensure
the security of the information transmitted; and (d) ensure the confi-
dentiality of the bid until the time and date established for the open-
ing of bids. The timely submission of an electronic bid in compliance
with instructions provided for such submission in the advertisement for
bids and/or the specifications shall be the responsibility solely of
each bidder or prospective bidder. No political subdivision or district
therein shall incur any liability from delays of or interruptions in the
receiving device designated for the submission and receipt of electronic
bids.
S 2. Subdivision 1 of section 103 of the general municipal law, as
amended by chapter 413 of the laws of 1991, is amended to read as
follows:
1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an expenditure of
more than [twenty] FIFTY thousand dollars and all purchase contracts
involving an expenditure of more than [ten] TWENTY thousand dollars,
shall be awarded by the appropriate officer, board or agency of a poli-
tical subdivision or of any district therein including but not limited
to a soil conservation district, to the lowest responsible bidder
furnishing the required security after advertisement for [sealed] bids
in the manner provided by this section. IN DETERMINING WHETHER A
PURCHASE IS AN EXPENDITURE WITHIN THE DISCRETIONARY THRESHOLD AMOUNTS
ESTABLISHED BY THIS SUBDIVISION, THE OFFICER, BOARD OR AGENCY OF A POLI-
TICAL SUBDIVISION OR OF ANY DISTRICT THEREIN SHALL CONSIDER THE REASON-
ABLY EXPECTED AGGREGATE AMOUNT OF ALL PURCHASES OF THE SAME COMMODITIES,
SERVICES OR TECHNOLOGY TO BE MADE WITHIN THE TWELVE-MONTH PERIOD
COMMENCING ON THE DATE OF PURCHASE. PURCHASES OF COMMODITIES, SERVICES
OR TECHNOLOGY SHALL NOT BE ARTIFICIALLY DIVIDED FOR THE PURPOSE OF
SATISFYING THE DISCRETIONARY BUYING THRESHOLDS ESTABLISHED BY THIS
SUBDIVISION. A CHANGE TO OR A RENEWAL OF A DISCRETIONARY PURCHASE SHALL
NOT BE PERMITTED IF THE CHANGE OR RENEWAL WOULD BRING THE REASONABLY
EXPECTED AGGREGATE AMOUNT OF ALL PURCHASES OF THE SAME COMMODITIES,
SERVICES OR TECHNOLOGY FROM THE SAME PROVIDER WITHIN THE TWELVE-MONTH
PERIOD COMMENCING ON THE DATE OF THE FIRST PURCHASE TO AN AMOUNT GREATER
THAN THE DISCRETIONARY BUYING THRESHOLD AMOUNT. In any case where a
responsible bidder's gross price is reducible by an allowance for the
value of used machinery, equipment, apparatus or tools to be traded in
by a political subdivision, the gross price shall be reduced by the
amount of such allowance, for the purpose of determining the low bid. In
cases where two or more responsible bidders furnishing the required
security submit identical bids as to price, such officer, board or agen-
cy may award the contract to any of such bidders. Such officer, board or
agency may, in his, HER or its discretion, reject all bids and readver-
tise for new bids in the manner provided by this section.
S 3. Subdivision 5 of section 103 of the general municipal law, as
amended by chapter 413 of the laws of 1991, is amended to read as
follows:
5. Upon the adoption of a resolution by a vote of at least three-
fifths of all the members of the governing body of a political subdivi-
sion or district therein stating that, for reasons of efficiency or
economy, there is need for standardization, purchase contracts for a
particular type or kind of equipment, material or supplies [of more than
S. 6606--A 248 A. 9706--A
ten thousand dollars] IN EXCESS OF THE MONETARY THRESHOLD FIXED FOR
PURCHASE CONTRACTS IN THIS SECTION may be awarded by the appropriate
officer, board or agency of such political subdivision or any such
district therein, to the lowest responsible bidder furnishing the
required security after advertisement for [sealed] bids therefor in the
manner provided in this section. Such resolution shall contain a full
explanation of the reasons for its adoption.
S 4. Section 103-d of the general municipal law, as amended by chapter
675 of the laws of 1966, is amended to read as follows:
S 103-d. Statement of non-collusion in bids and proposals to political
subdivision of the state. 1. Every bid or proposal hereafter made to a
political subdivision of the state or any public department, agency or
official thereof where competitive bidding is required by statute, rule,
regulation or local law, for work or services performed or to be
performed or goods sold or to be sold, shall contain the following
statement subscribed by the bidder and affirmed by such bidder as true
under the penalties of perjury: Non-collusive bidding certification.
"(a) By submission of this bid, each bidder and each person signing on
behalf of any bidder certifies, and in the case of a joint bid each
party thereto certifies as to its own organization, under penalty of
perjury, that to the best of knowledge and belief:
(1) The prices in this bid have been arrived at independently without
collusion, consultation, communication, or agreement, for the purpose of
restricting competition, as to any matter relating to such prices with
any other bidder or with any competitor;
(2) Unless otherwise required by law, the prices which have been quot-
ed in this bid have not been knowingly disclosed by the bidder and will
not knowingly be disclosed by the bidder prior to opening, directly or
indirectly, to any other bidder or to any competitor; and
(3) No attempt has been made or will be made by the bidder to induce
any other person, partnership or corporation to submit or not to submit
a bid for the purpose of restricting competition. "
(A-1) NOTWITHSTANDING THE FOREGOING, THE STATEMENT OF NON-COLLUSION
MAY BE SUBMITTED ELECTRONICALLY IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION ONE OF SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL
LAW.
(b) A bid shall not be considered for award nor shall any award be
made where (a) (1) (2) and (3) above have not been complied with;
provided however, that if in any case the bidder cannot make the forego-
ing certification, the bidder shall so state and shall furnish with the
bid a signed statement which sets forth in detail the reasons therefor.
Where (a) (1) (2) and (3) above have not been complied with, the bid
shall not be considered for award nor shall any award be made unless the
head of the purchasing unit of the political subdivision, public depart-
ment, agency or official thereof to which the bid is made, or his desig-
nee, determines that such disclosure was not made for the purpose of
restricting competition.
The fact that a bidder (a) has published price lists, rates, or
tariffs covering items being procured, (b) has informed prospective
customers of proposed or pending publication of new or revised price
lists for such items, or (c) has sold the same items to other customers
at the same prices being bid, does not constitute, without more, a
disclosure within the meaning of subparagraph one (a).
2. Any bid hereafter made to any political subdivision of the state or
any public department, agency or official thereof by a corporate bidder
for work or services performed or to be performed or goods sold or to be
S. 6606--A 249 A. 9706--A
sold, where competitive bidding is required by statute, rule, regu-
lation, or local law, and where such bid contains the certification
referred to in subdivision one of this section, shall be deemed to have
been authorized by the board of directors of the bidder, and such
authorization shall be deemed to include the signing and submission of
the bid and the inclusion therein of the certificate as to non-collusion
as the act and deed of the corporation.
S 5. Section 103 of the general municipal law is amended by adding
three new subdivisions 1-b, 1-c and 13 to read as follows:
1-B. WHEN THE OFFICER, BOARD OR AGENCY OF ANY POLITICAL SUBDIVISION OR
OF ANY DISTRICT THEREIN CHARGED WITH THE AWARDING OF CONTRACTS UNDER
THIS SECTION DETERMINES THAT IT IS IN THE BEST INTEREST OF THE POLITICAL
SUBDIVISION OR DISTRICT THEREIN, THEY MAY AWARD CONTRACTS FOR SERVICES
ON THE BASIS OF BEST VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE
OF THE STATE FINANCE LAW TO RESPONSIVE AND RESPONSIBLE OFFERERS.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CONTRACT FOR
SERVICES MAY BE AWARDED ON THE BASIS OF BEST VALUE PROVIDED THAT THE
CONTRACTING PROCESS AND AWARD SHALL COMPLY WITH THE GUIDELINES ESTAB-
LISHED UNDER SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW BY
THE STATE PROCUREMENT COUNCIL. ANY PROCUREMENT MADE UNDER THIS SUBDIVI-
SION SHALL BE APPROVED BY THE GOVERNING BODY OF THE PURCHASING POLITICAL
SUBDIVISION OR DISTRICT THEREIN.
1-C. A POLITICAL SUBDIVISION OR ANY DISTRICT THEREIN SHALL HAVE THE
OPTION OF PURCHASING INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS HARD-
WARE, SOFTWARE AND PROFESSIONAL SERVICES THROUGH COOPERATIVE PURCHASING
PERMISSIBLE PURSUANT TO FEDERAL GENERAL SERVICES ADMINISTRATION INFORMA-
TION TECHNOLOGY SCHEDULE SEVENTY OR ANY SUCCESSOR SCHEDULE. A POLITICAL
SUBDIVISION OR ANY DISTRICT THEREIN THAT PURCHASES THROUGH GENERAL
SERVICES ADMINISTRATION SCHEDULE SEVENTY, INFORMATION TECHNOLOGY AND
CONSOLIDATED SCHEDULE CONTRACTS SHALL COMPLY WITH FEDERAL SCHEDULE
ORDERING PROCEDURES AS PROVIDED IN FEDERAL ACQUISITION REGULATION
8.405-1 OR 8.405-2 OR SUCCESSOR REGULATIONS, WHICHEVER IS APPLICABLE.
ADHERENCE TO SUCH PROCEDURES SHALL CONSTITUTE COMPLIANCE WITH THE
COMPETITIVE BIDDING REQUIREMENTS UNDER THIS SECTION.
13. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
AND IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION
AND SECTION ONE HUNDRED FOUR OF THIS ARTICLE, ANY OFFICER, BOARD OR
AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN AUTHORIZED
TO MAKE PURCHASES OF MATERIALS, EQUIPMENT AND SUPPLIES MAY MAKE SUCH
PURCHASES AS MAY BE REQUIRED BY SUCH POLITICAL SUBDIVISION OR ANY
DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER STATE OR
POLITICAL SUBDIVISION IF SUCH CONTRACT WAS LET IN ACCORDANCE WITH
COMPETITIVE BIDDING REQUIREMENTS THAT ARE CONSISTENT WITH THIS SECTION
AND WITH THE INTENT OF EXTENDING ITS USE TO CERTAIN OTHER GOVERNMENTAL
ENTITIES. PRIOR TO MAKING SUCH A PURCHASE, THE GOVERNING BOARD OF THE
POLITICAL SUBDIVISION OR DISTRICT MAKING THE PURCHASE SHALL DETERMINE,
UPON REVIEW OF ANY NECESSARY DOCUMENTATION AND, AS APPROPRIATE, UPON
ADVICE OF ITS COUNSEL, THAT THE REQUIREMENTS OF THIS PARAGRAPH HAVE BEEN
MET, AND SHALL CERTIFY, BY RESOLUTION, THAT SUCH PURCHASE IS PERMITTED
UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLITICAL SUBDIVI-
SION OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED FOUR-B OF THIS
ARTICLE.
S 6. Section 104 of the general municipal law, as amended by chapter
137 of the laws of 2008, is amended to read as follows:
S 104. Purchase through office of general services; CERTAIN FEDERAL
CONTRACTS. 1. Notwithstanding the provisions of section one hundred
S. 6606--A 250 A. 9706--A
three of this article or of any other general, special or local law, any
officer, board or agency of a political subdivision, of a district ther-
ein, of a fire company or of a voluntary ambulance service authorized to
make purchases of materials, equipment, food products, or supplies, or
services available pursuant to sections one hundred sixty-one and one
hundred sixty-seven of the state finance law, may make such purchases,
except of printed material, through the office of general services
subject to such rules as may be established from time to time pursuant
to sections one hundred sixty-three and one hundred sixty-seven of the
state finance law [or through the general services administration pursu-
ant to section 1555 of the federal acquisition streamlining act of 1994,
P.L. 103-355]; provided that any such purchase shall exceed five hundred
dollars and that the political subdivision, district, fire company or
voluntary ambulance service for which such officer, board or agency acts
shall accept sole responsibility for any payment due the vendor. All
purchases shall be subject to audit and inspection by the political
subdivision, district, fire company or voluntary ambulance service for
which made. No officer, board or agency of a political subdivision, or a
district therein, of a fire company or of a voluntary ambulance service
shall make any purchase through such office when bids have been received
for such purchase by such officer, board or agency, unless such purchase
may be made upon the same terms, conditions and specifications at a
lower price through such office. Two or more fire companies or voluntary
ambulance services may join in making purchases pursuant to this
section, and for the purposes of this section such groups shall be
deemed "fire companies or voluntary ambulance services."
2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS
ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY OFFICER,
BOARD OR AGENCY OF A POLITICAL SUBDIVISION, OR OF A DISTRICT THEREIN,
MAY MAKE PURCHASES FROM FEDERAL GENERAL SERVICE ADMINISTRATION SUPPLY
SCHEDULES PURSUANT TO SECTION 211 OF THE FEDERAL E-GOVERNMENT ACT OF
2002, P.L. 107-347, AND PURSUANT TO SECTION 1122 OF THE NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 1994, P.L. 103-160, OR ANY SUCCESSOR
SCHEDULES IN ACCORDANCE WITH PROCEDURES ESTABLISHED PURSUANT THERETO.
PRIOR TO MAKING SUCH PURCHASES THE OFFICER, BOARD OR AGENCY SHALL
CONSIDER WHETHER SUCH PURCHASES WILL RESULT IN COST SAVINGS AFTER ALL
FACTORS, INCLUDING CHARGES FOR SERVICE, MATERIAL, AND DELIVERY, HAVE
BEEN CONSIDERED.
S 7. Subdivision 2 of section 103 of the general municipal law, as
amended by section 5 of part X of chapter 62 of the laws of 2003, is
amended to read as follows:
2. Advertisement for bids shall be published in the official newspaper
or newspapers, if any, or otherwise in a newspaper or newspapers desig-
nated for such purpose, OR IN THE STATEWIDE PROCUREMENT OPPORTUNITIES
NEWSLETTER. Such advertisement shall contain a statement of the time
when and place where all bids received pursuant to such notice will be
publicly opened and read, and the designation of the receiving device if
the political subdivision or district has authorized the receipt of bids
in an electronic format. Such board or agency may by resolution desig-
nate any officer or employee to open the bids at the time and place
specified in the notice. Such designee shall make a record of such bids
in such form and detail as the board or agency shall prescribe and pres-
ent the same at the next regular or special meeting of such board or
agency. All bids received shall be publicly opened and read at the time
and place so specified. At least five days shall elapse between the
S. 6606--A 251 A. 9706--A
first publication of such advertisement and the date so specified for
the opening and reading of bids.
S 8. Subdivision 2 of section 103 of the general municipal law, as
amended by chapter 296 of the laws of 1958, is amended to read as
follows:
2. Advertisement for bids shall be published in the official newspaper
or newspapers, if any, or otherwise in a newspaper or newspapers desig-
nated for such purpose, OR IN THE STATEWIDE PROCUREMENT OPPORTUNITIES
NEWSLETTER. Such advertisement shall contain a statement of the time
when and place where all bids received pursuant to such notice will be
publicly opened and read. Such board or agency may by resolution desig-
nate any officer or employee to open the bids at the time and place
specified in the notice. Such designee shall make a record of such bids
in such form and detail as the board or agency shall prescribe and pres-
ent the same at the next regular or special meeting of such board or
agency. All bids received shall be publicly opened and read at the time
and place so specified. At least five days shall elapse between the
first publication of such advertisement and the date so specified for
the opening and reading of bids.
S 9. Subdivisions 1 and 4 of section 142 of the economic development
law, as amended by chapter 137 of the laws of 2008, are amended to read
as follows:
1. The commissioner shall publish on a daily basis a procurement
opportunities newsletter, which shall contain notices of procurement
contract opportunities and any other information the commissioner deems
necessary to effectuate the purposes of this article. [Notices of
procurement contract opportunities shall be available on the internet
for at least fifteen days.]
4. The commissioner may publish in the procurement opportunities news-
letter (a) notices of procurement opportunities originating from poli-
tical subdivisions of the state or business enterprises, and (b) notices
from government or potential government contractors seeking subcontrac-
tors and suppliers, in such form and manner as the commissioner shall
determine. The commissioner may charge a fee for the publication of such
notices of procurement opportunities based upon the amounts estimated to
be necessary to defray the expenses of preparing, publishing, marketing
and distributing such additional notices of procurement opportunities.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, THE PUBLICATION REQUIREMENTS SHALL BE DEEMED SUFFI-
CIENT FOR ANY AGENCY OR POLITICAL SUBDIVISION OF THE STATE WITH PUBLICA-
TION OF SUCH NOTICES OF PROCUREMENT OPPORTUNITIES OR OTHER SOLICITATIONS
IN THE PROCUREMENT OPPORTUNITIES NEWSLETTER.
S 10. Subdivision 7 of section 163 of the state finance law, as sepa-
rately amended by sections 12 and 20 of chapter 137 of the laws of 2008,
is amended to read as follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may accept bids electronically INCLUDING SUBMISSION OF THE
STATEMENT OF NON-COLLUSION REQUIRED BY SECTION ONE HUNDRED THIRTY-NINE-D
OF THE STATE FINANCE LAW and may[, for technology contracts only,]
require electronic submission as the sole method for the submission of
bids for the solicitation, provided that the agency has made a determi-
nation, which shall be documented in the procurement record, that such
S. 6606--A 252 A. 9706--A
method affords a fair and equal opportunity for offerers to submit
responsive offers. Except where otherwise provided by law, procurements
shall be competitive, and state agencies shall conduct formal compet-
itive procurements to the maximum extent practicable. State agencies
shall document the determination of the method of procurement and the
basis of award in the procurement record. Where the basis for award is
the best value offer, the state agency shall document, in the procure-
ment record and in advance of the initial receipt of offers, the deter-
mination of the evaluation criteria, which whenever possible, shall be
quantifiable, and the process to be used in the determination of best
value and the manner in which the evaluation process and selection shall
be conducted.
S 11. Subdivision 1 of section 139-d of the state finance law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) NOTWITHSTANDING THE FOREGOING, THE STATEMENT OF NON-COLLUSION
MAY BE SUBMITTED ELECTRONICALLY IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW.
S 12. Section 20 of the public buildings law, as amended by chapter
640 of the laws of 1989, is amended to read as follows:
S 20. Work done by special order. The commissioner of general
services shall determine when minor work of construction, recon-
struction, alteration or repair of any state building may be done by
special order. Special orders for such work shall be short-form
contracts approved by the attorney general and by the comptroller. No
work shall be done by special order in an amount in excess of [fifty]
ONE HUNDRED thousand dollars and a bond shall not be required for
special orders. No work shall be done by special order unless the
commissioner has presented to the comptroller evidence that he has made
a diligent effort to obtain competition sufficient to protect the inter-
ests of the state prior to selecting the contractor to perform the work.
Notwithstanding the provisions of subdivision two of section eight of
this chapter, work done by special order under this section may be
advertised solely through the regular public notification service of the
office of general services. At least five days shall elapse between the
first publication of such public notice and the date so specified for
the public opening of bids. All payments on special orders shall be
made on the certificate of the commissioner of general services and
audited and approved by the state comptroller. All special orders shall
contain a clause that the special order shall only be deemed executory
to the extent of the moneys available and no liability shall be incurred
by the state beyond the moneys available for the purpose.
S 12-a. Section 255 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. THE BOARD OF TRUSTEES OF ANY TWO, OR MORE, PUBLIC LIBRARIES, PUBLIC
LIBRARY SYSTEMS, REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEMS, AS
DEFINED IN THIS CHAPTER, SHALL HAVE THE POWER TO ENTER INTO, AMEND,
CANCEL AND TERMINATE AGREEMENTS FOR PERFORMANCE AMONG THEMSELVES OR ONE
FOR THE OTHER OF THEIR RESPECTIVE FUNCTIONS, FOR THE PURPOSE OF COOPERA-
TIVELY ADVERTISING AND AWARDING BIDS FOR EQUIPMENT, SUPPLIES AND
SERVICES, PROVIDED:
A. SUCH ADVERTISING AND AWARDS HAVE BEEN MADE IN ACCORDANCE WITH THE
REQUIREMENTS OF ARTICLE FIVE-A OF THE GENERAL MUNICIPAL LAW;
B. THE PURCHASING AND MAKING OF CONTRACTS SHALL BE SUBJECT TO GENERAL
LAWS APPLICABLE THERETO; AND
S. 6606--A 253 A. 9706--A
C. THAT ANY SUCH AGREEMENTS SHALL INCLUDE A MANNER OF RESPONDING FOR
ANY LIABILITIES THAT MIGHT BE INCURRED IN THE OPERATION OF THE JOINT
SERVICE OR AGREEMENT.
S 13. This act shall take effect immediately and shall apply to any
contract let or awarded on or after such date; provided, however, that:
1. the amendments to subdivision 1 of section 103 of the general
municipal law made by section one of this act shall not affect the expi-
ration and reversion of such subdivision as provided in subdivision (a)
of section 41 of part X of chapter 62 of the laws of 2003, as amended,
when upon such date the provisions of section two of this act shall take
effect; and
2. the amendments to section 103-d of the general municipal law made
by section four of this act shall expire and be deemed repealed on the
same date and in the same manner as section 4 of part X of chapter 62 of
the laws of 2003, as provided in subdivision (a) of section 41 of part X
of chapter 62 of the laws of 2003, as amended; and
3. the amendments to subdivision 2 of section 103 of the general
municipal law made by section seven of this act shall not affect the
expiration and reversion of such subdivision as provided in subdivision
(a) of section 41 of part X of chapter 62 of the laws of 2003, as
amended, when upon such date the provisions of section eight of this act
shall take effect; and
4. the amendments to subdivision 7 of section 163 of the state finance
law made by section ten of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith; and
5. the amendments to section 139-d of the state finance law made by
section eleven of this act shall expire and be deemed repealed on the
same date and in the same manner as section 33 of chapter 83 of the laws
of 1995, as provided in subdivision 5 of section 362 of chapter 83 of
the laws of 1995, as amended.
PART GG
Section 1. Section 214 of the town law, as amended by chapter 344 of
the laws of 2005, is amended to read as follows:
S 214. Oaths, undertakings and compensation of commissioners. Each
commissioner, before entering upon the duties of his office, shall take
the constitutional oath of office and execute to the town and file with
the town clerk an official undertaking in such sum and with such sure-
ties as the town board may direct. The town board at any time may
require any such commissioners to file a new official undertaking for
such sum and with such sureties as the board shall approve. [Such]
NOTWITHSTANDING ANY PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW,
ORDINANCE, RESOLUTION, RULE OR REGULATION TO THE CONTRARY, SUCH commis-
sioners [may be paid such an amount as the town board may designate, but
not to exceed the sum of one hundred dollars per day each for each day
actually and necessarily spent in the service of the district. Such
compensation shall be deemed an expense of maintaining the district]
SHALL NOT RECEIVE ANY COMPENSATION OF ANY KIND, INCLUDING BUT NOT LIMIT-
ED TO WAGES, SALARIES, GRATUITIES, VEHICLES ASSIGNED TO THEM, INSURANCE,
ANNUITIES OR RETIREMENT PLANS, OR ANY OTHER PERQUISITE OR FRINGE BENE-
FIT, BUT SHALL BE REIMBURSED FOR THE ACTUAL AND NECESSARY EXPENSES
INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES.
S 2. The town law is amended by adding a new section 198-b to read as
follows:
S. 6606--A 254 A. 9706--A
S 198-B. POWERS OF TOWN BOARDS WITH RESPECT TO CERTAIN SANITARY,
REFUSE AND GARBAGE DISTRICTS. 1. APPLICABILITY. THIS SECTION SHALL APPLY
TO SANITARY DISTRICTS, REFUSE AND GARBAGE DISTRICTS, OR ANY SIMILAR TOWN
IMPROVEMENT DISTRICTS THAT PROVIDE SANITARY, REFUSE, OR GARBAGE
SERVICES.
2. POWERS OF TOWN BOARDS IN SUCH DISTRICTS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, IN SUCH DISTRICTS ALL POWERS AND
DUTIES WITH RESPECT TO THE DISTRICTS, INCLUDING THE POWERS AND DUTIES OF
IMPROVEMENT DISTRICT COMMISSIONERS AS PROVIDED FOR IN SECTION TWO
HUNDRED FIFTEEN OF THIS CHAPTER OR IN ANY OTHER GENERAL, SPECIAL, OR
LOCAL LAW, AND EXCEPTING THOSE POWERS PROVIDED FOR IN SUBDIVISIONS THREE
AND FOUR OF THIS SECTION, SHALL RESIDE WITH THE BOARD OF THE TOWN IN
WHICH SUCH DISTRICT IS LOCATED.
3. POWERS OF DISTRICT COMMISSIONERS IN SUCH DISTRICTS. IN SUCH
DISTRICTS THAT HAVE DISTRICT COMMISSIONERS, THE COMMISSIONERS SHALL
RETAIN THE POWER AND DUTIES TO:
(A) ELECT OFFICERS OF THE BOARD AS CURRENTLY PROVIDED FOR IN SUBDIVI-
SION ONE OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER;
(B) GIVE NOTICE OF ANNUAL ELECTION AS CURRENTLY PROVIDED FOR IN SUBDI-
VISION THREE OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER; AND
(C) PROVIDE FOR A NOMINATING PROCESS AND THE FILLING OF VACANCIES AS
CURRENTLY PROVIDED FOR IN SUBDIVISIONS TWENTY AND TWENTY-ONE OF SECTION
TWO HUNDRED FIFTEEN OF THIS CHAPTER.
4. LEVEL OF SERVICE. IN SUCH DISTRICTS THAT HAVE DISTRICT COMMISSION-
ERS, THE COMMISSIONERS MAY ALSO HOLD A REFERENDUM ON WHETHER THE LEVEL
OF SERVICE PROVIDED BY THE TOWN SHALL BE INCREASED OR DECREASED. PRIOR
TO THE REFERENDUM, THE TOWN SHALL PROVIDE COST ESTIMATES FOR SUCH
INCREASE OR SUCH DECREASE IN SERVICES THAT ARE TO BE CONSIDERED IN SUCH
REFERENDUM.
5. TRANSFER OF FUNCTION. EMPLOYEES OF THE DISTRICT WHO ARE TRANSFERRED
TO THE TOWN SHALL BE TRANSFERRED PURSUANT TO THE CIVIL SERVICE LAW.
S 3. The opening paragraph of section 215 of the town law is amended
to read as follows:
Subject to law and the provisions of this chapter, the commissioners
of every improvement district shall constitute and be known as the board
of commissioners of such improvement district. Such board of commission-
ers, EXCEPT WHEN RESTRICTED BY SECTION ONE HUNDRED NINETY-EIGHT-B OF
THIS CHAPTER:
S 4. The town law is amended by adding a new section 217 to read as
follows:
S 217. ABOLITION OF OFFICES OF COMMISSIONERS. 1. RESOLUTION. THE TOWN
BOARD OF ANY TOWN MAY AND WITHIN THIRTY DAYS AFTER THE DATE OF FILING
WITH THE TOWN CLERK OF A PETITION MEETING THE REQUIREMENTS OF SUBDIVI-
SION TWO OF THIS SECTION SHALL ADOPT A RESOLUTION CALLING A PUBLIC HEAR-
ING UPON THE ABOLITION OF THE OFFICES OF COMMISSIONERS IN ANY DISTRICT
WHOLLY LOCATED IN SUCH TOWN, AND THE TRANSFER TO THE TOWN BOARD OF ALL
THE RIGHTS, POWERS AND DUTIES OF SUCH COMMISSIONERS.
2. PETITION TO INITIATE. A. THE ELECTORS OF A TOWN IMPROVEMENT
DISTRICT MAY PETITION TO ABOLISH THE OFFICES OF COMMISSIONERS BY FILING
AN ORIGINAL PETITION, CONTAINING NOT LESS THAN THE NUMBER OF SIGNATURES
PROVIDED FOR IN PARAGRAPH B OF THIS SUBDIVISION AND IN THE FORM PROVIDED
FOR IN PARAGRAPH C OF THIS SUBDIVISION, WITH THE CLERK OF THE TOWN IN
WHICH THE IMPROVEMENT DISTRICT IS LOCATED. ACCOMPANYING THE FILED PETI-
TION SHALL BE A COVER SHEET CONTAINING THE NAME, ADDRESS AND TELEPHONE
NUMBER OF AN INDIVIDUAL WHO SIGNED THE PETITION AND WHO WILL SERVE AS A
CONTACT PERSON.
S. 6606--A 255 A. 9706--A
B. THE PETITION SHALL CONTAIN THE SIGNATURES OF AT LEAST TEN PERCENT
OF THE NUMBER OF ELECTORS OR FIVE THOUSAND ELECTORS, WHICHEVER IS LESS,
IN THE IMPROVEMENT DISTRICT; PROVIDED, HOWEVER, THAT WHERE THE IMPROVE-
MENT DISTRICT CONTAINS FIVE HUNDRED OR FEWER ELECTORS, THE PETITION
SHALL CONTAIN THE SIGNATURES OF AT LEAST TWENTY PERCENT OF THE NUMBER OF
ELECTORS. NO SIGNATURE ON A PETITION IS VALID UNLESS IT IS AN ORIGINAL
SIGNATURE OF AN ELECTOR.
C. A PETITION FOR THE ABOLITION OF THE OFFICES OF COMMISSIONERS SHALL
SUBSTANTIALLY COMPLY WITH, AND BE CIRCULATED IN, THE FOLLOWING FORM:
PETITION FOR THE ABOLITION OF THE OFFICES OF COMMISSIONERS
WE, THE UNDERSIGNED, ELECTORS AND LEGAL VOTERS OF (INSERT NAME OF
DISTRICT), IN THE TOWN OF (INSERT NAME OF TOWN IN WHICH THE DISTRICT IS
LOCATED), NEW YORK, QUALIFIED TO VOTE AT THE NEXT GENERAL OR SPECIAL
ELECTION, RESPECTFULLY PETITION THAT THERE BE SUBMITTED TO THE ELECTORS
OF (INSERT NAME OF DISTRICT), FOR THEIR APPROVAL OR REJECTION AT A
REFERENDUM HELD FOR THAT PURPOSE, A PROPOSAL TO ABOLISH THE OFFICES OF
COMMISSIONERS OF (INSERT NAME OF DISTRICT).
IN WITNESS WHEREOF, WE HAVE SIGNED OUR NAMES ON THE DATES INDICATED NEXT
TO OUR SIGNATURES.
DATE NAME - PRINT NAME UNDER SIGNATURE HOME ADDRESSES
1. _______ _________________________________ ______________
2. _______ _________________________________ ______________
3. _______ _________________________________ ______________
(ON THE BOTTOM OF EACH PAGE OF THE PETITION, AFTER ALL OF THE NUMBERED
SIGNATURES, INSERT A SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALI-
FIED VOTER OF THE STATE OF NEW YORK. SUCH A STATEMENT SHALL BE ACCEPTED
FOR ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT CONTAINS A
MATERIAL FALSE STATEMENT, SHALL SUBJECT THE PERSON SIGNING IT TO THE
SAME PENALTIES AS IF HE OR SHE HAS BEEN DULY SWORN. THE FORM OF SUCH
STATEMENT SHALL BE SUBSTANTIALLY AS FOLLOWS:
I, (INSERT NAME OF WITNESS), STATE THAT I AM A DULY QUALIFIED VOTER OF
THE STATE OF NEW YORK. EACH OF THE PERSONS THAT HAVE SIGNED THIS PETI-
TION SHEET CONTAINING (INSERT NUMBER) SIGNATURES, HAVE SIGNED THEIR
NAMES IN MY PRESENCE ON THE DATES INDICATED ABOVE AND IDENTIFIED THEM-
SELVES TO BE THE SAME PERSON WHO SIGNED THE SHEET. I UNDERSTAND THAT
THIS STATEMENT WILL BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN
AFFIDAVIT, AND IF IT CONTAINS A MATERIALLY FALSE STATEMENT, SHALL
SUBJECT ME TO THE PENALTIES OF PERJURY.
_________ _____________________________________
DATE SIGNATURE OF WITNESS)
(IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALIFIED
VOTER OF THE STATE OF NEW YORK, THE FOLLOWING STATEMENT SIGNED BY A
NOTARY PUBLIC OR A COMMISSIONER OF DEEDS SHALL BE ACCEPTED:
ON THE DATE ABOVE INDICATED BEFORE ME PERSONALLY CAME EACH OF THE ELEC-
TORS AND LEGAL VOTERS WHOSE SIGNATURES APPEAR ON THIS PETITION SHEET
CONTAINING (INSERT NUMBER) SIGNATURES, WHO SIGNED THE PETITION IN MY
PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR HERSELF,
IDENTIFIED HIMSELF OR HERSELF AS THE ONE AND SAME PERSON WHO SIGNED THE
PETITION AND THAT THE FOREGOING INFORMATION THEY PROVIDED WAS TRUE.
_________ ______________________________________
DATE NOTARY PUBLIC OR COMMISSIONER OF DEEDS)
S. 6606--A 256 A. 9706--A
D. AN ALTERATION OR CORRECTION OF INFORMATION APPEARING ON A
PETITION'S SIGNATURE LINE, OTHER THAN AN UNINITIALED SIGNATURE AND DATE,
SHALL NOT INVALIDATE SUCH SIGNATURE.
E. IN MATTERS OF FORM, THIS SUBDIVISION SHALL BE GIVEN A LIBERAL
CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
F. WITHIN TEN DAYS OF THE FILING OF THE PETITION, THE CLERK WITH WHOM
THE PETITION WAS FILED SHALL MAKE A FINAL DETERMINATION REGARDING THE
SUFFICIENCY OF THE SIGNATURES ON THE PETITION AND PROVIDE TIMELY WRITTEN
NOTICE OF SUCH DETERMINATION TO THE CONTACT PERSON NAMED IN THE COVER
SHEET ACCOMPANYING THE PETITION. THE CONTACT PERSON OR ANY INDIVIDUAL
WHO SIGNED THE PETITION MAY SEEK JUDICIAL REVIEW OF SUCH DETERMINATION
IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
LAW AND RULES.
3. NOTICE. THE TOWN CLERK SHALL GIVE NOTICE OF SUCH HEARING BY THE
PUBLICATION OF A NOTICE IN AT LEAST ONE BUT NOT MORE THAN TWO NEWSPAPERS
DESIGNATED PURSUANT TO SUBDIVISION ELEVEN OF SECTION SIXTY-FOUR OF THIS
CHAPTER. SUCH NOTICE SHALL SPECIFY THE TIME WHEN AND THE PLACE WHERE
SUCH HEARING WILL BE HELD AND SHALL SPECIFICALLY STATE THAT THE OFFICES
OF COMMISSIONERS ARE PROPOSED TO BE ABOLISHED. THE FIRST PUBLICATION OF
SUCH NOTICE SHALL BE AT LEAST TEN DAYS PRIOR TO THE TIME FIXED FOR SUCH
PUBLIC HEARING.
4. HEARING. THE TOWN BOARD SHALL MEET AT THE TIME AND PLACE SPECIFIED
IN SUCH NOTICE AND HEAR ALL PERSONS INTERESTED IN THE SUBJECT MATTER
THEREOF CONCERNING THE SAME. A. IF THE TOWN BOARD ADOPTED THE RESOL-
UTION CALLING THE PUBLIC HEARING WITHOUT A PETITION TO INITIATE BEING
FILED WITH THE TOWN CLERK PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
AND IF THE TOWN BOARD SHALL DETERMINE UPON THE EVIDENCE GIVEN THEREAT
THAT IT IS IN THE PUBLIC INTEREST TO ABOLISH THE OFFICES OF COMMISSION-
ERS, THE BOARD MAY ADOPT A RESOLUTION SUBJECT TO A PERMISSIVE REFEREN-
DUM, SO ABOLISHING THE OFFICES OF COMMISSIONERS.
B. IF THE TOWN BOARD ADOPTED THE RESOLUTION CALLING THE PUBLIC HEARING
BECAUSE A PETITION TO INITIATE WAS FILED WITH THE TOWN CLERK PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, THE TOWN BOARD SHALL ADOPT A RESOLUTION
ABOLISHING THE OFFICES OF COMMISSIONERS AND SHALL ADOPT A RESOLUTION TO
HOLD A SPECIAL ELECTION UPON THE PROPOSITION AS IF A PETITION HAD BEEN
FILED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
5. NOTICE OF ADOPTION OF RESOLUTION. WITHIN TEN DAYS AFTER THE
ADOPTION BY THE TOWN BOARD OF A RESOLUTION ABOLISHING THE OFFICES OF
COMMISSIONERS IN ANY DISTRICT, THE TOWN CLERK SHALL GIVE NOTICE THEREOF
AT THE EXPENSE OF THE DISTRICT, BY THE PUBLICATION OF A NOTICE IN AT
LEAST ONE BUT NOT MORE THAN TWO NEWSPAPERS DESIGNATED PURSUANT TO SUBDI-
VISION ELEVEN OF SECTION SIXTY-FOUR OF THIS CHAPTER. IN ADDITION, THE
TOWN CLERK SHALL POST OR CAUSE TO BE POSTED ON THE BULLETIN BOARD IN HIS
OR HER OFFICE A COPY OF SUCH NOTICE. IN THE EVENT THAT THE TOWN MAIN-
TAINS A WEBSITE, SUCH INFORMATION MAY ALSO BE PROVIDED ON THE WEBSITE.
SUCH NOTICE SHALL SET FORTH THE DATE OF ADOPTION OF THE RESOLUTION AND
CONTAIN AN ABSTRACT OF SUCH RESOLUTION AND SHALL SPECIFY THAT THE
OFFICES OF COMMISSIONERS SHALL BE ABOLISHED SUBJECT TO PERMISSIVE OR
MANDATORY (AS APPLICABLE) REFERENDUM.
6. PETITION. THE RESOLUTION OF THE TOWN BOARD ABOLISHING THE OFFICES
OF COMMISSIONERS SHALL NOT TAKE EFFECT UNTIL FORTY-FIVE DAYS AFTER ITS
ADOPTION; NOR UNTIL APPROVED BY THE AFFIRMATIVE VOTE OF A MAJORITY OF
THE QUALIFIED ELECTORS OF SUCH DISTRICT VOTING UPON SUCH PROPOSITION, IF
WITHIN FORTY-FIVE DAYS AFTER ITS ADOPTION, THERE BE FILED WITH THE TOWN
CLERK A PETITION CIRCULATED, SIGNED AND AUTHENTICATED IN SUBSTANTIAL
COMPLIANCE WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THAT
S. 6606--A 257 A. 9706--A
CONTAINS THE SIGNATURES OF AT LEAST TWENTY-FIVE PERCENT OF THE NUMBER OF
ELECTORS OR FIFTEEN THOUSAND ELECTORS, WHICHEVER IS LESS, IN THE TOWN
IMPROVEMENT DISTRICT PROTESTING AGAINST SUCH RESOLUTION AND REQUESTING
THAT IT BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT AFFECTED,
FOR THEIR APPROVAL OR DISAPPROVAL. THE TOWN CLERK SHALL CAUSE TO BE
PREPARED AND HAVE AVAILABLE FOR DISTRIBUTION PROPER FORMS FOR THE PETI-
TION AND SHALL DISTRIBUTE A SUPPLY TO ANY PERSON REQUESTING THE SAME.
7. NOTICE OF ELECTION. IF SUCH A PETITION SHALL BE FILED WITH THE TOWN
CLERK, THE TOWN BOARD SHALL ADOPT A RESOLUTION SPECIFYING A DATE NOT
LESS THAN TWENTY NOR MORE THAN THIRTY DAYS THEREAFTER FOR THE HOLDING OF
A SPECIAL ELECTION, FIXING THE HOURS OF OPENING AND CLOSING OF THE
POLLS, DESIGNATING THE VOTING PLACE AND SETTING FORTH, IN FULL, THE
PROPOSITION TO BE VOTED UPON. THE TOWN BOARD SHALL DESIGNATE A VOTING
PLACE AND NOT LESS THAN TWO OR MORE THAN FOUR PERSONS TO ACT AS ELECTION
INSPECTORS AND BALLOT CLERKS. EACH OF SUCH PERSONS SHALL BE A QUALIFIED
ELECTOR OF SUCH DISTRICT AND SUCH ELECTION INSPECTORS AND BALLOT CLERKS
SHALL RECEIVE FOR THEIR SERVICES AN AMOUNT TO BE FIXED BY THE TOWN BOARD
BUT NOT TO EXCEED TEN DOLLARS EACH. THE POLLS SHALL REMAIN OPEN FROM SIX
O'CLOCK IN THE EVENING UNTIL NINE O'CLOCK IN THE EVENING AND SUCH ADDI-
TIONAL CONSECUTIVE HOURS PRIOR THERETO AS THE TOWN BOARD MAY DETERMINE.
8. ELECTION. THE VOTING UPON SUCH PROPOSITION SHALL BE BY BALLOT AND
THE TOWN CLERK SHALL CAUSE SUCH BALLOTS TO BE PREPARED. NO PERSON SHALL
BE ENTITLED TO VOTE UPON ANY SUCH PROPOSITION UNLESS HE OR SHE HAS THE
FOLLOWING QUALIFICATIONS: A. IS AN ELECTOR OF THE TOWN, AND B. IS A
RESIDENT OF SUCH DISTRICT.
9. CANVASS. UPON THE CLOSING OF THE POLLS AT ANY SUCH ELECTION, THE
ELECTION INSPECTORS AND BALLOT CLERKS SHALL IMMEDIATELY CANVASS THE
BALLOTS CAST AND SHALL COMPLETE SUCH CANVASS WITHOUT ADJOURNMENT. AS
SOON AS POSSIBLE AFTER COMPLETION, THEY SHALL FILE WITH THE TOWN CLERK A
CERTIFICATE SETTING FORTH THE HOLDING OF SUCH ELECTION, THE NUMBER OF
VOTES CAST, THE NUMBER OF VOTES CAST FOR AND AGAINST SUCH PROPOSITION,
TOGETHER WITH THE NAME AND ADDRESS OF EVERY PERSON VOTING AT SUCH
ELECTION.
10. ADOPTION. A PROPOSITION FOR THE ABOLITION OF THE OFFICES OF
COMMISSIONERS SHALL REQUIRE FOR ITS ADOPTION THE AFFIRMATIVE VOTE OF A
MAJORITY OF THE ELECTORS VOTING THEREON. IF ANY PROPOSITION SO SUBMITTED
SHALL NOT BE ADOPTED, THE TOWN BOARD SHALL NOT ADOPT A SIMILAR RESOL-
UTION ABOLISHING THE OFFICES OF COMMISSIONERS WITHIN ONE YEAR FROM THE
DATE OF THE ORIGINAL RESOLUTION.
11. EXPENSE. THE EXPENSE OF CONDUCTING ANY SUCH ELECTION, INCLUDING
THE PUBLICATION OF NOTICES, THE PRINTING OF BALLOTS, THE COMPENSATION OF
ELECTION INSPECTORS AND BALLOT CLERKS AND ALL OTHER EXPENSE OCCASIONED
BY THE ELECTION SHALL BE A CHARGE AGAINST THE DISTRICT AFFECTED.
12. ABOLITION OF OFFICES OF COMMISSIONERS. WHENEVER ANY RESOLUTION
SHALL BECOME EFFECTIVE PURSUANT TO THIS SECTION ABOLISHING THE OFFICES
OF COMMISSIONERS IN ANY DISTRICT AND TRANSFERRING TO THE TOWN BOARD ALL
THE POWERS AND DUTIES THEREOF, THE OFFICES OF COMMISSIONERS EXISTING IN
ANY AFFECTED DISTRICT SHALL BE ABOLISHED AS OF THE THIRTY-FIRST DAY OF
DECEMBER NEXT SUCCEEDING, PROVIDED, HOWEVER, THAT IF ANY SUCH RESOLUTION
BE ADOPTED SUBSEQUENT TO THE FIRST DAY OF OCTOBER IN ANY YEAR, THE
OFFICES OF COMMISSIONERS SHALL BE ABOLISHED ON THE THIRTY-FIRST DAY OF
DECEMBER OF THE NEXT SUCCEEDING CALENDAR YEAR. WHEN SUCH OFFICES OF
COMMISSIONERS SHALL BE ABOLISHED, THE COMMISSIONERS OF SUCH DISTRICT
SHALL: A. DELIVER TO THE TOWN CLERK WITHIN TEN DAYS ALL THE RECORDS,
BOOKS AND PAPERS OF SUCH COMMISSIONERS, B. DELIVER TO THE SUPERVISOR ALL
FUNDS, C. DELIVER TO THE TOWN BOARD ALL OTHER PROPERTY IN THEIR
S. 6606--A 258 A. 9706--A
POSSESSION OR UNDER THEIR CONTROL AND D. MAKE COMPLETE AND PROPER
ACCOUNTING THEREFOR TO THE TOWN BOARD. ALL POWERS PREVIOUSLY EXERCISED
BY SUCH COMMISSIONERS WHOSE OFFICES ARE SO ABOLISHED SHALL THEREAFTER BE
VESTED IN AND EXERCISED BY THE TOWN BOARD.
S 5. This act shall take effect immediately; provided, however, that
sections one, two and three of this act shall take effect January 1,
2011.
PART HH
Section 1. Subdivision 3 of section 66-a of the public officers law is
REPEALED and a new subdivision 3 is added to read as follows:
3. NOTWITHSTANDING THE PROVISIONS OF SECTION TWENTY-THREE HUNDRED
SEVEN OF THE CIVIL PRACTICE LAW AND RULES, THIS CHAPTER, OR ANY OTHER
LAW TO THE CONTRARY, ANY COUNTY, CITY, TOWN OR VILLAGE, UPON ADOPTION OF
A LOCAL LAW, IS HEREBY AUTHORIZED TO REQUIRE THE POLICE DEPARTMENT OR
FORCE OF SUCH COUNTY, CITY, TOWN OR VILLAGE TO CHARGE FEES FOR THE
SEARCH FOR ACCIDENT REPORTS, CERTIFIED COPIES THEREOF, PHOTOGRAPHS AND
CONTACT SHEETS AT RATES NOT TO EXCEED THE RATES AUTHORIZED FOR THE DIVI-
SION OF STATE POLICE PURSUANT TO SUBDIVISION TWO OF THIS SECTION;
PROVIDED, HOWEVER, THAT NO FEE SHALL BE CHARGED FOR A PHOTOCOPY OF AN
ACCIDENT REPORT. THE FEES FOR INVESTIGATIVE REPORTS SHALL BE THE SAME AS
THOSE FOR ACCIDENT REPORTS. ANY COUNTY WHOSE POLICE DEPARTMENT CHARGES
ANY OF THE FEES AUTHORIZED BY THIS SUBDIVISION PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION MAY, HOWEVER, CONTINUE SUCH FEES AT THE RATE IN
EFFECT AT SUCH TIME OR MAY, UPON ADOPTION OF A LOCAL LAW, INCREASE SUCH
FEES TO THE SAME RATE AUTHORIZED BY THIS SUBDIVISION.
S 2. Paragraph d of subdivision 1 of section 10 of the general munici-
pal law, as amended by chapter 623 of the laws of 1998, is amended to
read as follows:
d. "Bank" shall mean a bank as defined by the banking law or a
national banking association located and authorized to do business in
New York; A CREDIT UNION AS DEFINED BY THE BANKING LAW OR A FEDERAL
CREDIT UNION LOCATED AND AUTHORIZED TO DO BUSINESS IN NEW YORK WHICH HAS
ITS PRINCIPAL OFFICE IN A LOCATION DESCRIBED IN PARAGRAPH (A) OF SUBDI-
VISION THIRTY-SEVEN OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE BANKING
LAW, OR A BRANCH OFFICE IN A LOCATION DESCRIBED IN PARAGRAPH (B) OF
SUBDIVISION THIRTY-SEVEN OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE BANK-
ING LAW; OR A SAVINGS BANK AS DEFINED BY THE BANKING LAW, A SAVINGS AND
LOAN ASSOCIATION AS DEFINED BY THE BANKING LAW OR A FEDERAL SAVINGS
ASSOCIATION LOCATED AND AUTHORIZED TO DO BUSINESS IN NEW YORK WHICH HAS
ITS PRINCIPAL OFFICE IN A LOCATION DESCRIBED IN PARAGRAPH (A) OF SUBDI-
VISION TWO OF SECTION TWO HUNDRED THIRTY-SEVEN OF THE BANKING LAW, OR A
BRANCH OFFICE IN A LOCATION DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION
TWO OF SECTION TWO HUNDRED THIRTY-SEVEN OF THE BANKING LAW.
S 3. Section 454 of the banking law is amended by adding a new subdi-
vision 37 to read as follows:
37. (A) TO ACCEPT DEPOSITS FOR CREDIT TO A LOCAL GOVERNMENT, AS
DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION TEN OF THE GENERAL
MUNICIPAL LAW, AT ITS PRINCIPAL OFFICE WHERE SUCH CREDIT UNION MAINTAINS
ITS PRINCIPAL OFFICE WITHIN THE JURISDICTION OF SUCH LOCAL GOVERNMENT.
(B) TO ACCEPT DEPOSITS FOR CREDIT TO A LOCAL GOVERNMENT, AS DEFINED IN
PARAGRAPH A OF SUBDIVISION ONE OF SECTION TEN OF THE GENERAL MUNICIPAL
LAW, AT ITS BRANCH OFFICE WHERE SUCH CREDIT UNION MAINTAINS A BRANCH
OFFICE WITHIN THE JURISDICTION OF SUCH LOCAL GOVERNMENT.
S. 6606--A 259 A. 9706--A
S 4. The banking law is amended by adding a new section 454-a to read
as follows:
S 454-A. DEPOSITS OF PUBLIC MONEY WITH CREDIT UNIONS; SECURITY. A
CREDIT UNION MAY ACCEPT DEPOSITS OF PUBLIC MONEY SUBJECT TO THE LIMITA-
TIONS PROVIDED IN SUBDIVISION THIRTY-SEVEN OF SECTION FOUR HUNDRED
FIFTY-FOUR OF THIS ARTICLE. SUCH CREDIT UNION SHALL PLEDGE ASSETS OR
FURNISH OTHER SECURITY SATISFACTORY IN FORM AND AMOUNT TO THE DEPOSITOR,
FOR THE REPAYMENT OF MONIES HELD IN THE NAME OF SUCH DEPOSITOR, WHEN
REQUIRED TO BE SECURED BY APPLICABLE LAW, DECREE OR REGULATION.
S 5. Subdivision 2 of section 237 of the banking law, as amended by
chapter 360 of the laws of 1984, is amended to read as follows:
2. [No savings bank shall accept any deposit for credit to any munici-
pal corporation.] (A) A SAVINGS BANK WHICH MAINTAINS ITS PRINCIPAL
OFFICE WITHIN A LOCAL GOVERNMENT, AS DEFINED IN PARAGRAPH A OF SUBDIVI-
SION ONE OF SECTION TEN OF THE GENERAL MUNICIPAL LAW, MAY ACCEPT DEPOS-
ITS AT SUCH PRINCIPAL OFFICE FOR CREDIT TO SUCH LOCAL GOVERNMENT.
(B) A SAVINGS BANK WHICH MAINTAINS A BRANCH OFFICE WITHIN A LOCAL
GOVERNMENT, AS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION TEN
OF THE GENERAL MUNICIPAL LAW, MAY ACCEPT DEPOSITS AT SUCH BRANCH OFFICE
FOR CREDIT TO SUCH LOCAL GOVERNMENT.
S 6. Section 234 of the banking law is amended by adding a new subdi-
vision 26 to read as follows:
26. PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTY-SEVEN OF
THIS ARTICLE, TO PLEDGE ASSETS OR FURNISH OTHER SECURITY SATISFACTORY IN
FORM AND AMOUNT TO THE DEPOSITOR, FOR THE REPAYMENT OF MONIES HELD IN
THE NAME OF SUCH DEPOSITOR, WHEN REQUIRED TO BE SECURED BY APPLICABLE
LAW, DECREE OR REGULATION AND TO EXERCISE THE POWERS CONTAINED IN
SECTION NINETY-SIX-B OF THIS CHAPTER.
S 7. Section 383 of the banking law is amended by adding a new subdi-
vision 17 to read as follows:
17. PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTY-SEVEN OF
THIS CHAPTER, TO PLEDGE ASSETS OR FURNISH OTHER SECURITY SATISFACTORY IN
FORM AND AMOUNT TO THE DEPOSITOR, FOR THE REPAYMENT OF MONIES HELD IN
THE NAME OF SUCH DEPOSITOR, WHEN REQUIRED TO BE SECURED BY APPLICABLE
LAW, DECREE OR REGULATION AND TO EXERCISE THE POWERS CONTAINED IN
SECTION NINETY-SIX-B OF THIS CHAPTER.
S 8. Subdivision 4 of section 209-b of the general municipal law, as
amended by chapter 718 of the laws of 1958, is amended and a new subdi-
vision 6 is added to read as follows:
4. Fees and charges [prohibited] AUTHORIZED. Emergency and general
ambulance service, INCLUDING EMERGENCY MEDICAL SERVICE, authorized
pursuant to this section [shall] MAY be furnished without cost to the
person served; PROVIDED, HOWEVER, THE AUTHORITIES HAVING CONTROL OF A
FIRE DEPARTMENT OR FIRE COMPANY, EXCEPT IN CITIES OF ONE MILLION OR
MORE, WHO HAVE AUTHORIZED SUCH FIRE DEPARTMENT OR FIRE COMPANY TO
PROVIDE SUCH SERVICE OR SERVICES, MAY ESTABLISH FEES AND CHARGES FOR
SERVICES RENDERED. SUCH AUTHORITIES MAY FORMULATE RULES AND REGULATIONS
FOR THE COLLECTION OF SUCH FEES AND CHARGES. The acceptance by any
fireman of any personal remuneration or gratuity, directly or indirect-
ly, from a person served shall be a ground for [his] expulsion or
suspension as a member of the fire department or fire company.
6. THE TERM "EMERGENCY MEDICAL SERVICE" AS USED IN THIS SECTION MEANS
INITIAL EMERGENCY MEDICAL ASSISTANCE INCLUDING, BUT NOT LIMITED TO, THE
TREATMENT OF TRAUMA, BURNS, RESPIRATORY, CIRCULATORY AND OBSTETRICAL
EMERGENCIES.
S. 6606--A 260 A. 9706--A
S 9. The general municipal law is amended by adding a new section
207-r to read as follows:
S 207-R. POLICE PROTECTION AT SPECIAL EVENTS. A MUNICIPALITY MAY ADOPT
A LOCAL LAW TO PROVIDE THAT THE PERSON OR PERSONS RESPONSIBLE FOR EITHER
OPERATING, CONDUCTING, PROMOTING, OR SPONSORING ANY SPECIAL EVENT, EXHI-
BITION, OR CONTEST TO BE HELD IN THE MUNICIPALITY AT WHICH A PRICE FOR
ADMISSION OR ATTENDANCE IS CHARGED OR IS TO BE CHARGED SHALL PAY THE
COSTS INCURRED BY THE MUNICIPALITY AS A RESULT OF PROVIDING ADDITIONAL
POLICE PERSONNEL, IF ANY, BEYOND THE NORMAL NUMBER OF OFFICERS WHO WOULD
HAVE OTHERWISE BEEN ON DUTY. THE LOCAL LAW SHALL IDENTIFY THE TYPE OR
TYPES OF SPECIAL EVENTS, EXHIBITIONS, OR CONTESTS FOR WHICH AN ACTIV-
ITY'S OPERATOR, CONDUCTOR, PROMOTER, OR SPONSOR MAY BE CHARGED FOR ADDI-
TIONAL POLICE PERSONNEL THAT IS EITHER REQUESTED BY THE OPERATOR,
CONDUCTOR, PROMOTER, OR SPONSOR OR DETERMINED TO BE NECESSARY BY THE
MUNICIPALITY. THE LOCAL LAW MAY ALSO PROVIDE THAT: (A) THE OPERATOR,
CONDUCTOR, PROMOTER, OR SPONSOR OF THE ACTIVITY SHALL COMPLETE SUCH
FORMS OR APPLICATIONS PROVIDING THE INFORMATION DEEMED NECESSARY BY THE
MUNICIPALITY TO DETERMINE WHETHER ANY ADDITIONAL POLICE PERSONNEL SHOULD
BE SCHEDULED FOR THE EVENT; (B) THE LOCAL LAW SHALL NOT APPLY TO ANY
CORPORATION FORMED UNDER THE NOT-FOR-PROFIT CORPORATION LAW; AND (C) THE
OPERATOR, CONDUCTOR, PROMOTER, OR SPONSOR OF THE ACTIVITY SHALL PAY ALL
OR A PORTION OF THE ESTIMATED COST OF ADDITIONAL POLICE PROTECTION PRIOR
TO THE COMMENCEMENT OF THE EVENT.
S 10. Section 20-b of the general city law, as amended by chapter 310
of the laws of 1962, the opening paragraph as amended by chapter 287 of
the laws of 1979, is amended to read as follows:
S 20-b. Cities authorized to impose taxes on utilities. 1. Notwith-
standing any other provisions of law to the contrary, any city of this
state, acting through its local legislative body, is hereby authorized
and empowered to adopt and amend local laws imposing in any such city a
tax such as was imposed by section one hundred eighty-six-a of the tax
law, in effect on January first, nineteen hundred fifty-nine, except
that the rate thereof shall not exceed [one] THREE per centum of gross
income or of gross operating income, as the case may be, and may make
provision for the collection thereof by the chief fiscal officer of such
city; provided, however, [that the rate of such tax imposed by the
cities of Rochester, Buffalo and Yonkers shall not exceed three per
centum of gross income or gross operating income, as the case may be;
and provided further] that nothing herein contained shall be construed
so as to prevent any city from adopting local laws exempting from such
tax omnibus corporations subject to the supervision of the state depart-
ment of public service under article three-a of the public service law,
IN EFFECT ON JANUARY FIRST, NINETEEN HUNDRED FIFTY-NINE. A tax imposed
pursuant to this section shall have application only within the territo-
rial limits of any such city, and shall be in addition to any and all
other taxes. This section shall not authorize the imposition of a tax on
any transaction originating or consummated outside of the territorial
limits of any such city, notwithstanding that some act be necessarily
performed with respect to such transaction within such limits.
2. Revenues resulting from the imposition of taxes authorized by this
section heretofore or hereafter imposed shall be paid into the treasury
of the city imposing the same, and shall be credited to and deposited in
the general fund of such city.
3. All of the provisions of section one hundred eighty-six-a of the
tax law, so far as the same are or can be made applicable, with such
limitations as are set forth in this section, and such modifications as
S. 6606--A 261 A. 9706--A
may be necessary in order to adapt such taxes to local conditions shall
apply to the taxes authorized by this section.
4. Any final determination of the amount of any tax payable hereunder
shall be reviewable for error, illegality or unconstitutionality or any
other reason whatsoever by a proceeding under article seventy-eight of
the civil practice law and rules if application therefor is made to the
supreme court within thirty days after the giving of the notice of such
final determination, provided, however, that any such proceeding under
article seventy-eight of the civil practice law and rules shall not be
instituted unless the amount of any tax sought to be reviewed, with such
interest and penalties thereon as may be provided for by local law or
regulation, shall be first deposited and an undertaking filed, in such
amount and with such sureties as a justice of the supreme court shall
approve to the effect that if such proceeding be dismissed or the tax
confirmed the petitioner will pay all costs and charges which may accrue
in the prosecution of such proceeding.
5. Where any tax imposed hereunder shall have been erroneously, ille-
gally or unconstitutionally collected and application for the refund
thereof duly made to the proper fiscal officer or officers, and such
officer or officers shall have made a determination denying such refund,
such determination shall be reviewable by a proceeding under article
seventy-eight of the civil practice law and rules, provided, however,
that such proceeding is instituted within thirty days after the giving
of the notice of such denial, that a final determination of tax due was
not previously made, and that an undertaking is filed with the proper
fiscal officer or officers in such amount and with such sureties as a
justice of the supreme court shall approve to the effect that if such
proceeding be dismissed or the tax confirmed, the petitioner will pay
all costs and charges which may accrue in the prosecution of such
proceeding.
S 11. Subdivision 1 of section 5-530 of the village law is amended to
read as follows:
l. Notwithstanding any other provisions of law to the contrary, any
village is hereby authorized and empowered to adopt and amend local laws
imposing in any such village a tax such as was imposed by section one
hundred eighty-six-a of the tax law, in effect on January first, nine-
teen hundred fifty-nine, except that the rate thereof shall not exceed
[one] THREE per centum of gross income or of gross operating income, as
the case may be, and may make provision for the collection thereof by
the chief fiscal officer of such village; provided, however, that noth-
ing herein contained shall be construed so as to prevent any village
from adopting local laws exempting from such tax omnibus corporations
subject to the supervision of the state department of public service
under article three-a of the public service law, IN EFFECT ON JANUARY
FIRST, NINETEEN HUNDRED FIFTY-NINE. A tax imposed pursuant to this
section shall have application only within the territorial limits of any
such village, and shall be in addition to any and all other taxes. This
section shall not authorize the imposition of a tax on any transaction
originating or consummated outside of the territorial limits of any such
village, notwithstanding that some act be necessarily performed with
respect to such transaction within such limits.
S 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that:
(a) sections two through seven of this act shall take effect on the
ninetieth day after this act shall have become a law;
S. 6606--A 262 A. 9706--A
(b) section eight of this act shall take effect on the thirtieth day
after this act shall have become a law; and
(c) section nine of this act shall take effect on the one hundred
eightieth day after this act shall have become a law.
PART II
Section 1. Section 2799-uu of the public authorities law, as renum-
bered by section 1 of part A-3 of chapter 58 of the laws of 2006, is
renumbered section 2799-vv and a new section 2799-uu is added to read as
follows:
S 2799-UU. FEDERAL SUBSIDY BONDS OF THE AUTHORITY. NOTWITHSTANDING
ANY INCONSISTENT PROVISION OF LAW, INCLUDING BUT NOT LIMITED TO SUBDIVI-
SION THREE OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-GG OF THIS TITLE,
THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE FEDERAL SUBSIDY BONDS, NOTES
OR OTHER OBLIGATIONS SUBJECT TO SECTION 54F OF THE INTERNAL REVENUE CODE
OF 1986, AS AMENDED, WITHOUT REGARD TO THE LIMITATIONS ON SINKING FUND
BONDS IMPOSED BY THE LOCAL FINANCE LAW, AS AMENDED FROM TIME TO TIME, SO
LONG AS SUCH BONDS ARE AMORTIZED THROUGH STATED MATURITIES, MANDATORY
REDEMPTION, CONTRIBUTIONS TO AN INVESTED SINKING FUND OR ANY COMBINATION
THEREOF PROVIDING, WITH OTHER BONDS OF THE SAME ISSUE, IF ANY, FOR
SUBSTANTIALLY LEVEL OR DECLINING DEBT SERVICE AS DEFINED IN SECTION
21.00 OF THE LOCAL FINANCE LAW, AS AMENDED FROM TIME TO TIME. BONDS
ISSUED PURSUANT TO THIS SECTION SHALL HAVE A MAXIMUM MATURITY OF UP TO
TWENTY YEARS.
S 2. This act shall take effect immediately.
PART JJ
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. Tuition reimbursement fund (050):
a. Tuition reimbursement account (01).
b. Proprietary vocational school supervision account (02).
2. Local government records management improvement fund (052):
a. Local government records management account (01).
3. Dedicated highway and bridge trust fund (072):
a. Highway and bridge capital account (01).
4. State University Residence Hall Rehabilitation Fund (074).
5. State parks infrastructure trust fund (076):
a. State parks infrastructure account (01).
6. Clean water/clean air implementation fund (079).
7. State lottery fund (160):
a. Education - New (03).
b. VLT - Sound basic education fund (06).
8. Medicaid management information system escrow fund (179).
9. Federal operating grants fund (290) federal capital grants fund
(291).
10. Sewage treatment program management and administration fund (300).
11. Environmental conservation special revenue fund (301):
a. Hazardous bulk storage account (F7).
b. Utility environmental regulation account (H4).
c. Low level radioactive waste siting account (K5).
d. Recreation account (K6).
S. 6606--A 263 A. 9706--A
e. Conservationist magazine account (S4).
f. Environmental regulatory account (S5).
g. Natural resource account (S6).
h. Mined land reclamation program account (XB).
i. Federal grants indirect cost recovery account (IC).
12. Environmental protection and oil spill compensation fund (303).
13. Hazardous waste remedial fund (312):
a. Site investigation and construction account (01).
b. Hazardous waste remedial clean up account (06).
14. Mass transportation operating assistance fund (313):
a. Public transportation systems account (01).
b. Metropolitan mass transportation (02).
15. Clean air fund (314):
a. Operating permit program account (01).
b. Mobile source account (02).
16. Centralized services fund (323).
17. State exposition special fund (325).
18. Agency enterprise fund (331):
a. OGS convention center account (55).
19. Agencies internal service fund (334):
a. Archives records management account (02).
b. Federal single audit account (05).
c. Civil service law: sec 11 admin account (09).
d. Civil service EHS occupational health program account (10).
e. Banking services account (12).
f. Cultural resources survey account (14).
g. Neighborhood work project (17).
h. Automation & printing chargeback account (18).
i. OFT NYT account (20).
j. Data center account (23).
k. Human service telecom account (24).
l. Centralized Technology services account (30).
m. OMRDD copy center account (26).
n. Intrusion detection account (27).
o. Domestic violence grant account (28).
p. Learning management system account.
20. Miscellaneous special revenue fund (339):
a. Statewide planning and research cooperative system account (03).
b. OMRDD provider of service account (05).
c. New York state thruway authority account (08).
d. Mental hygiene patient income account (13).
e. Financial control board account (15).
f. Regulation of racing account (16).
g. New York metropolitan transportation council account (17).
h. Quality of care account (20).
i. Cyber upgrade account (25).
j. Certificate of need account (26).
k. Hospital and nursing home management account (44).
l. State university dormitory income reimbursable account (47).
m. Energy research account (60).
n. Criminal justice improvement account (62).
o. Fingerprint identification and technology account (68).
p. Environmental laboratory reference fee account (81).
q. Clinical laboratory reference system assessment account (90).
r. Public employment relations board account (93).
s. Radiological health protection account (95).
S. 6606--A 264 A. 9706--A
t. Teacher certification account (A4).
u. Banking department account (A5).
v. Cable television account (A6).
w. Indirect cost recovery account (AH).
x. High school equivalency program account (AI).
y. Rail safety inspection account (AQ).
z. Child support revenue account (AX).
aa. Multi-agency training account (AY).
bb. Critical infrastructure account (B3).
cc. Insurance department account (B6).
dd. Bell jar collection account (BJ).
ee. Industry and utility service account (BK).
ff. Real property disposition account (BP).
gg. Parking account (BQ).
hh. Asbestos safety training program account (BW).
ii. Improvement of real property tax administration account (BZ).
jj. Public service account (C3).
kk. Batavia school for the blind account (D9).
ll. Investment services account (DC).
mm. Surplus property account (DE).
nn. OMRDD day services account (DH).
oo. Financial oversight account (DI).
pp. Regulation of indian gaming account (DT).
qq. Special conservation activities account (CU).
rr. Interest assessment account (DZ).
ss. Office of the professions account (E3).
tt. Rome school for the deaf account (E6).
uu. Seized assets account (E8).
vv. Administrative adjudication account (E9).
ww. Federal salary sharing account (EC).
xx. Cultural education account (EN).
yy. Examination and miscellaneous revenue account (ER).
zz. Transportation regulation account (F1).
aaa. Local services account (G3).
bbb. Electronic benefit transfer and common benefit identification
card account (GD).
ccc. Housing special revenue account (H2).
ddd. Department of motor vehicles compulsory insurance account (H7).
eee. Housing Indirect cost recovery (HI).
fff. Housing credit agency application fee account (J5).
ggg. EPIC premium account (J6).
hhh. Federal gasoline and diesel fuel excise tax account (L6).
iii. OTDA earned revenue account (L7).
jjj. Low income housing credit monitoring fee account (NG).
kkk. Procurement opportunities newsletter account (P4).
lll. Corporation administration account (P6).
mmm. Montrose veteran's home account (Q6).
nnn. Excelsior capital corporation reimbursement account (R1).
ooo. Motor fuel quality account (R4).
ppp. Deferred compensation administration account (R7).
qqq. Rent revenue other account (RR).
rrr. Batavia medicaid income account (S1).
sss. Rent revenue account (S8).
ttt. Tax revenue arrearage account (TR).
uuu. Solid waste management account (W3).
vvv. Occupational health clinics account (W4).
S. 6606--A 265 A. 9706--A
www. Capacity contracting (XU).
xxx. Point insurance reduction program account.
yyy. Internet point insurance reduction program account.
zzz. Mental hygiene program fund account (10).
aaaa. Third party debt collection account.
21. State university income fund (345):
a. State university general income offset account (11).
22. State police and motor vehicle law enforcement fund (354):
a. State police motor vehicle law enforcement account (02).
23. Youth facilities improvement fund (357):
a. Youth facilities improvement account (01).
24. Highway safety program fund (362):
a. Highway safety program account (01).
25. Drinking water program management and administration fund (366):
a. EFC drinking water program account (01).
b. DOH drinking water program account (02).
26. New York city county clerks offset fund (368):
a. NYCCC operating offset account (01).
27. Housing assistance fund (374).
28. Housing program fund (376).
29. Department of transportation - engineering services fund (380):
a. Highway facility purpose account (01).
30. Miscellaneous capital projects fund (387):
a. Clean air capital account (08).
b. New York racing account.
31. Mental hygiene facilities capital improvement fund (389).
32. Joint labor/management administration fund (394):
a. Joint labor/management administration fund (01).
33. Audit and control revolving fund (395):
a. Executive direction internal audit account (04).
34. Health insurance internal service fund (396):
a. Health insurance internal service account (00).
b. Civil service employee benefits div admin (01).
35. Correctional industries revolving fund (397).
36. Correctional facilities capital improvement fund (399).
37. HCRA resources fund (061):
a. EPIC premium account (J6).
b. Maternal and child HIV services account (LC).
c. Hospital based grants program account (AF).
d. Child health plus program account (29).
S 1-a. 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 nutrition services fund (261).
2. Federal health and human services fund (265).
3. Federal education grants fund (267).
4. Federal block grant fund (269).
5. Federal operating grants fund (290).
6. Federal capital projects fund (291).
7. Federal unemployment insurance administration fund (480).
8. Federal unemployment insurance occupational training fund (484).
9. Federal employment and training grants (486).
S. 6606--A 266 A. 9706--A
S 2. 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, 2011, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $100,000 from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund (339), business and licensing services account
(AG), to the general fund.
3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
Education:
1. $2,281,000,000 from the general fund to the state lottery fund
(160), education account (03), 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 1612 of the tax
law.
2. $562,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), 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. Moneys from the state lottery fund (160) up to an amount deposited
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.
4. $300,000 from the local government records management improvement
fund (052) to the archives partnership trust fund (024).
5. $700,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
6. $400,000 from the general fund to the miscellaneous special revenue
fund (339), Rome school for the deaf account (E6).
7. $1,500,000 from the general fund for the private schools for the
blind and deaf may be transferred to the department of health miscella-
neous special revenue fund (339), quality assurance and audit revenue
activities account (GB). Notwithstanding any other law, rule or regu-
lation to the contrary, funds shall be available for transfer to the
department of health miscellaneous special revenue fund (339), quality
assurance and audit revenue activities account (GB), upon the approval
by the director of the budget of a staffing and expenditure plan devel-
oped by the department of health in consultation with the state educa-
tion department.
8. $55,000,000 from the state university dormitory income fund (330)
to the state university residence hall rehabilitation fund (074).
9. $315,000,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
10. $1,000,000 from the miscellaneous special revenue fund (339),
cultural education account (EN), to the miscellaneous special revenue
fund (339), summer school of the arts account (38).
11. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).
S. 6606--A 267 A. 9706--A
12. $8,318,000 from the general fund to the state university income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
Environmental Affairs:
1. $500,000 from the department of transportation's federal capital
projects fund (291) to the office of parks and recreation federal oper-
ating grants fund (290), miscellaneous operating grants account.
2. $5,000,000 from the general fund to the hazardous waste remedial
fund (312), hazardous waste remediation oversight and assistance account
(00).
3. $1,000,000 from the special revenue fund (339), snowmobile account
(41), to the general fund.
4. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the special revenue fund (301)
federal grant indirect cost recovery account.
5. $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 special revenue fund (339) federal grant indirect cost
recovery account (Z1).
6. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special revenue fund
(339), I love NY water account (39).
7. $105,000 from the state exposition special fund (325), state fair
receipts account (01), to the general fund.
Family Assistance:
1. $10,000,000 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 (339), office of human resources development state match
account (2C).
2. $3,000,000 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 (339), family preserva-
tion and support services and family violence services account (GC).
3. $6,000,000 from any of the office of children and family services
special revenue federal funds to the general fund for title IV-E
reimbursement of youth facility costs.
4. $28,000,000 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 any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the miscellaneous special revenue fund (339), office of
children and family services income account (AR).
5. $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous special revenue fund (339),
connections account (WK).
6. $41,000,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund
(265) to the general fund.
7. $8,300,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund
(265) to the miscellaneous special revenue fund (339), client notices
account (EG).
S. 6606--A 268 A. 9706--A
8. $100,728,000 from any of the office of temporary and disability
assistance, department of health or office of children and family
services special revenue funds to the miscellaneous special revenue fund
(339), office of temporary and disability assistance earned revenue
account (L7).
9. $2,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
10. $50,000,000 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 children and family services miscellaneous special revenue
fund (339), multi-agency training contract account (AY).
11. $24,170,000 from the office of temporary and disability assistance
federal health and human services fund (265) to the miscellaneous
special revenue fund (339), child support revenue account (AX).
12. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, or
department of health special revenue funds to the office of temporary
and disability assistance miscellaneous special revenue fund (339),
multi-agency systems development account (MD).
13. $10,073,000 from any of the office of temporary and disability
assistance special revenue federal funds, to the miscellaneous special
revenue fund (339), OTDA training contract account (48).
14. $161,300,000 from the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
15. $10,000,000 from any of the office of temporary and disability
assistance special revenue federal funds, to the miscellaneous special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
16. $1,381,800 from the general fund to the combined gifts, grants and
bequests fund (020), WB Hoyt Memorial account (78).
17. $7,000,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund
(265), to the general fund.
General Government:
1. $1,545,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
3. $192,400,000 from the health insurance reserve receipts fund (167)
to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
5. $150,000 from the not-for-profit revolving loan fund (055) to the
general fund.
6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
7. $3,000,000 from the miscellaneous special revenue fund (339),
surplus property account (DE), to the general fund.
8. $22,335,000 from the general fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
9. $2,000,000 from the miscellaneous special revenue fund (339),
federal liability account (FL), to the general fund.
S. 6606--A 269 A. 9706--A
10. $23,000,000 from the miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
11. $1,826,000 from the miscellaneous special revenue fund (339)
revenue arrearage account (CR), to the miscellaneous special revenue
fund (339) authority budget office account.
12. $60,000,000 from any account within the special revenue federal
funds receiving money pursuant to federal Medicare Part D legislation to
the general fund.
13. $11,000,000 from the general fund to the miscellaneous special
revenue fund (339), statewide financial system account (FM).
14. $1,000,000 from the miscellaneous special revenue fund (339),
parking services account (BQ), to the general debt service fund (311),
general debt service account.
15. $2,000,000 from the miscellaneous special revenue fund (339),
procurement account (CH), to the general fund.
16. $10,000,000 from the centralized services fund (323), OGS building
administration account (ZY), to the general fund.
Health:
1. $12,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the general fund.
2. $139,560,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), quality of care account (20).
3. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account (BD),
an amount equal to the monies collected and deposited into that account
in the previous fiscal year.
4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous special revenue fund (339), statewide planning and
research cooperation system (SPARCS) program account (03).
5. $250,000 from the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
6. $500,000 from the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
7. $1,000,000 from the miscellaneous special revenue fund (339),
administration account (AP), to the general fund.
8. $600,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), federal state health reform partnership
account (FS).
9. $70,000,000 from the general fund to the miscellaneous special
revenue fund (339) empire state stem cell trust fund account (SR).
10. $1,250,000 from the miscellaneous New York state agency fund
(169), medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health insurance account
(35).
11. $3,700,000 from the miscellaneous New York state agency fund
(169), medical assistance account to the office of medicaid inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
Labor:
S. 6606--A 270 A. 9706--A
1. $700,000 from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the child performer
protection fund (025), child performer protection account (CP).
2. $8,000,000 from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
3. $10,500,000 from the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
4. $2,700,000 from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
5. $1,500,000 from the training and education program on occupational
safety and health fund (305), occupational safety and health inspection
account (02), to the general fund.
Mental Hygiene:
1. $5,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
2. $240,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous special
revenue fund (339), provider of service accounts (05).
3. $190,000,000 from the miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the miscellaneous special
revenue fund (339), provider of service account (05).
4. $150,000,000 from the general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
5. $150,000,000 from the general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
6. $300,000,000 from the miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
7. $150,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
8. $750,000 from the federal operating grants fund (290), to the
general fund.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund (339), recruitment incentive account (U2).
3. $14,000,000 from the general fund to the correctional industries
revolving fund (397), correctional industries internal service account
(00).
4. $25,500,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the miscella-
neous special revenue fund (339), seized assets account (E8).
5. $1,500,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the combined
gifts, grants and bequests fund (020), New York state emergency services
revolving loan account (AU).
6. $8,677,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the general debt
service fund (311), revenue bond tax account (02).
7. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
8. $16,000,000 from the general fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
S. 6606--A 271 A. 9706--A
9. $2,000,000 from the general fund to the Attica state employee
victims' fund (013).
10. $20,000,000 from any office of homeland security account within
the federal miscellaneous operating grants fund (290), receiving money
through the homeland security grants program, to the general fund.
11. $11,500,000 from the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
12. $13,000,000 from the miscellaneous special revenue fund (339)
criminal justice improvement account (62) to the general fund.
13. $2,800,000 from the general fund to the miscellaneous special
revenue fund (390) indigent legal services fund (01).
14. $1,500,000 from the agency enterprise fund (331) farm program
account (FM), to the general fund.
15. $20,000,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the general
fund.
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund
(290) to the special revenue fund (339), tri-state federal regional
planning account (17).
2. $20,147,000 from the federal capital projects fund (291) to the
special revenue fund (339), tri-state federal regional planning accounts
(17).
3. $14,881,000 from the miscellaneous special revenue fund (339),
compulsory insurance account (H7), to the general fund.
4. $20,000,000 from the suburban transportation fund (327) to the mass
transportation operating assistance fund (313), additional mass trans-
portation fund account (06).
5. $19,000,000 from the general fund to the mass transportation oper-
ating assistance fund (313) public transportation systems accounts (01).
6. $16,721,000 from the mass transportation operating assistance fund
(313) metropolitan mass transit operating assistance account (02), to
the mass transportation operating assistance fund (313) public transpor-
tation systems operating assistance account (01).
7. $763,079,000 from the general fund to the dedicated highway and
bridge trust fund (072).
8. $803,000 from the miscellaneous special revenue fund (339), surplus
property account (42), to the general fund.
9. $5,000,000 from the miscellaneous special revenue fund (339), acci-
dent damage account (G7), to the dedicated highway and bridge trust fund
(072).
10. $600,000 from the miscellaneous special revenue fund (339), inter-
net point insurance reduction program account (IC), to the general fund.
Miscellaneous:
1. $75,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $250,000,000 from the general fund to the debt reduction reserve
fund (064).
3. $23,300,000 from the general fund to the miscellaneous special
revenue fund (339), improvement of real property tax administrative
account (BZ).
S 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, on or before March 31, 2011:
1. Upon request of the commissioner of environmental conservation, up
to $10,733,000 from revenues credited to any of the department of envi-
S. 6606--A 272 A. 9706--A
ronmental conservation special revenue funds, including $3,135,800 from
the environmental protection and oil spill compensation fund (303), and
$1,739,600 from the conservation fund (302), to the environmental
conservation special revenue fund (301), indirect charges account (BJ).
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 miscellaneous special
revenue fund (339) administrative costs account, to pay appropriate
administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $2,911,000 from revenues credited to any divi-
sion of housing and community renewal miscellaneous special revenue fund
(339) to the agency cost recovery account (HI).
5. Upon request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund (339), administration
account (AP).
S 4. Notwithstanding section 2815 of the public health law or any
other contrary provision of law, upon the direction of the director of
the budget and the commissioner of health, the dormitory authority of
the state of New York is directed to transfer seven million dollars
annually from funds available and uncommitted in the New York state
health care restructuring pool to the health care reform act (HCRA)
resources fund - HCRA resources account.
S 5. On or before March 31, 2011, the comptroller is authorized and
directed to transfer the unencumbered balance from the family benefit
fund (329) to the general fund.
S 6. On or before March 31, 2011, 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 (334),
banking services account (12), for the purpose of meeting direct
payments from such account.
S 7. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by state university of
New York, the dormitory authority of the state of New York is directed
to transfer, up to $22,000,000 in revenues generated from the sale of
notes or bonds, to the state university of New York for reimbursement of
bondable equipment for further transfer to the state's general fund.
S 8. 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 monies, upon request of the director of the
budget, on or before March 31, 2011, from and to any of the following
accounts: the miscellaneous special revenue fund (339), patient income
account (13), the miscellaneous special revenue fund (339), mental
hygiene program fund account or the general fund in any combination, the
aggregate of which shall not exceed $350 million.
S 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, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts, to the general
S. 6606--A 273 A. 9706--A
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers expressly authorized in the 2010-11
budget. Transfers from federal funds, debt service funds, capital
projects funds, or the community projects fund are not permitted pursu-
ant to this authorization. The director of the budget shall notify both
houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
S 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, at the request of the director of the budget,
up to $75 million from the unencumbered balance of any non-general fund
or account, or combination of funds and accounts, to the general fund.
The amounts transferred pursuant to this authorization shall be equal to
those savings achieved in such non-general funds as a result of work-
force savings actions and are in addition to any other transfers
expressly authorized. Transfers from federal funds are not permitted
pursuant to this authorization. The director of the budget shall notify
both houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
S 11. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable by
its trustees, is authorized and directed to make a contribution to the
state treasury to the credit of the general fund in the amount of
$65,000,000 for the fiscal year commencing April 1, 2010, the proceeds
of which will be utilized for economic development, energy efficiency or
energy cost mitigation purposes. The power authority of the state of New
York will transfer not less than $40,000,000 by June 1, 2010, and will
transfer the remainder, up to $25,000,000, by January 31, 2011.
S 12. Section 44 of the private housing finance law is amended by
adding a new subdivision 32 to read as follows:
32. TO TRANSFER FUNDS IN AN AMOUNT TO BE AGREED UPON, AT THE REQUEST
OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, TO THE STATE TREASURY FOR
DEPOSIT TO THE GENERAL FUND AS AN EXPENSE OF THE AGENCY. SUCH TRANSFER
SHALL BE MADE IN SUCH AMOUNTS AND AT SUCH TIMES AS SPECIFIED IN AN
AGREEMENT OR AGREEMENTS EXECUTED BETWEEN THE AGENCY AND THE DIRECTOR OF
THE BUDGET WITH COPIES TO BE PROVIDED TO THE CHAIRMAN OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE AND THE CHAIRMAN OF THE SENATE FINANCE COMMIT-
TEE.
S 13. Intentionally omitted.
S 14. Notwithstanding any law to the contrary, the insurance depart-
ment shall finance the annual expenses related to its activities and
operations from revenues derived from assessments upon those entities
required to pay such assessments pursuant to section 332 of the insur-
ance law. For state fiscal year 2010-11, the total value of the annual
assessment will be equal to the total value of the department's enacted
appropriations. In such instances where the total value of the annual
industry assessment exceeds actual annual expenses of the department's
operations and activities, in accordance with section 4 of the state
finance law, the comptroller is hereby authorized and directed to trans-
fer, at the request of the director of the budget, any unencumbered
monies of the special revenue fund (339) insurance department account
(b6), that comprise the difference of the total value of the annual
industry assessment and the actual annual expenses of the department's
operations and activities, to the general fund on or before March 31,
2011.
S. 6606--A 274 A. 9706--A
S 15. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 13 of part PP of chapter 56 of the laws of 2009, 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 eighty-one, or any other provisions of law to the contrary,
during the fiscal year beginning April first, two thousand [nine] TEN,
the state comptroller is hereby authorized and directed to deposit to
the fund created pursuant to this section from amounts collected pursu-
ant to article twenty-two of the tax law and pursuant to a schedule
submitted by the director of the budget, up to [$3,524,450,000]
$3,215,000,000, as may be certified in such schedule as necessary to
meet the purposes of such fund for the fiscal year beginning April
first, two thousand [nine] TEN.
S 16. Subdivision 6 of section 4 of the state finance law, as amended
by section 15 of part RR of chapter 57 of the laws of 2008, 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 chairpersons of the senate finance committee and the
assembly ways and means committee, file with the state comptroller an
identification 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 chairpersons 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 ten.]
S 17. Subdivision 4 of section 40 of the state finance law, as amended
by section 16 of part RR of chapter 57 of the laws of 2008, 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 ten.]
S 18. The comptroller is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities capital improve-
ment fund (399) by a chapter of the laws of 2009. Reimbursements shall
S. 6606--A 275 A. 9706--A
be available for spending from appropriations made to the department of
correctional services in the general fund-state purposes account by a
chapter of the laws of 2009 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
S 19. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $43,383,000 authorized by chapter
55 of the laws of 2000 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, to reimburse
spending from various appropriations for certain projects related to the
New York city watershed, reimbursement from the proceeds of notes and
bonds issued by the urban development corporation for capital appropri-
ation for $15,000,000 authorized by chapter 55 of the laws of 2000 to
the urban development corporation for payment of costs related to a
sports facility in the city of Rochester, reimbursement from the
proceeds of notes and bonds issued by the urban development corporation
of the state of New York for a capital appropriation for $50,000,000
authorized by chapter 55 of the laws of 2000 to the urban development
corporation for payment of costs related to economic development
projects in the downtown Buffalo, the Buffalo inner harbor area, or
surrounding environs, reimbursement from proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $225,000,000 authorized by chapter 55 of the laws of
2000 to all state agencies for payment of costs related to the strategic
investment program, reimbursement from the proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $50,000,000 authorized by chapter 53 of the laws of
2000 to the state education department for payment of capital
construction grants to school districts pursuant to the rebuilding
schools to uphold education program, for reimbursement from the proceeds
of notes and bonds issued by the dormitory authority of the state of New
York for a capital appropriation for $15,000,000 authorized by chapter
53 of the laws of 2000 to the office of children and family services for
payment of costs related to the child care facilities development
program, and for reimbursement from the proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $10,000,000 authorized by chapter 55 of the laws of
2000 to the office of science, technology and academic research for
payment of costs related to biomedical research and/or manufacturing
facilities.
S 20. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,772,000 authorized by chapter
54 of the laws of 2001 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund.
S 21. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
S. 6606--A 276 A. 9706--A
ration for a capital appropriation for $29,365,000 authorized by chapter
54 of the laws of 2002 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes and bonds issued by the urban develop-
ment corporation or other financing source for a capital appropriation
for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
office of general services for payment of capital construction costs for
the Alfred E. Smith office building located in the city of Albany,
reimbursement from the proceeds of notes and bonds issued by the urban
development corporation or other financing source for capital appropri-
ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to
the office of general services for payment of capital construction costs
for the Elk street parking garage building located in the city of Alba-
ny, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for disbursements of up to $12,000,000
from any capital appropriation or reappropriation authorized by chapter
50 of the laws of 2002 to the office of general services for various
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for a capital appropriation of
$13,250,000 authorized by chapter 55 of the laws of 2002 to the energy
research and development authority for the Western New York Nuclear
Service Center at West Valley, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $14,300,000 authorized by chapter 55 of the laws of
2002 to the urban development corporation to finance a portion of the
jobs now program, reimbursement from the proceeds of notes or bonds
issued by the dormitory authority for disbursements of up to $20,800,000
from any capital appropriation or reappropriation authorized by chapter
51 of the laws of 2002 to the judiciary for courthouse improvements,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $15,000,000 from
appropriations or reappropriations authorized by chapter 50 of the laws
of 2002 to any agency for costs related to homeland security, and
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 54 of the laws of 2002 to the department of envi-
ronmental conservation for Onondaga lake.
S 22. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to the office
of general services for payment of capital construction costs for the 51
Elk street parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
S. 6606--A 277 A. 9706--A
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements of
up to $11,000,000 from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of envi-
ronmental conservation for environmental purposes, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for disbursements of up to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of state
for enhanced 911 wireless service.
S 23. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2004 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the dormitory authority for a capital appropriation of
$80,000,000 authorized by chapter 53 of the laws of 2004 to the educa-
tion department for capital transition grants for transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $250,000,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to economic
development projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital appropriation
S. 6606--A 278 A. 9706--A
of $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to the
H. H. Richardson complex and the Darwin Martin House, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for a capital appropriation of $350,000,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
S 24. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $350,000,000 authorized by chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for a capital appropriation of $90,000,000
authorized by chapter 62 of the laws of 2005 for regional development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $250,000,000 authorized by
chapter 62 of the laws of 2005 for technology and development,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $75,000,000
authorized by chapter 162 of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of the laws of
2005 for the higher education facilities capital matching grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for a capital appropri-
ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $15,000,000
authorized by chapter 53 of the laws of 2005 to the state education
department for payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of notes or bonds
S. 6606--A 279 A. 9706--A
issued by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal appropriation or reappropriation authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs for various
purposes.
S 25. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements of up to $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2006 to the
division of state police for public protection facilities, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $117,000,000 authorized by
chapter 50 of the laws of 2006 to all state departments and agencies for
the purchase of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development corpo-
ration for all or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the urban development
corporation for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment corporation for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or the
urban development corporation for a capital appropriation of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the urban
S. 6606--A 280 A. 9706--A
development corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws of 2006 to the urban development corporation for
cultural facilities projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority or the urban development
corporation for capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for energy/environmental projects, reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the urban develop-
ment corporation for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for a competitive solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens county, and reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter 55 of
the laws of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county, reimbursement from the
proceeds of notes and bonds issued by the environmental facilities
corporation for a capital appropriation of $5,000,000 authorized by
chapter 55 of the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority for
capital disbursements of up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the laws of 2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $2,000,000 authorized by chapter
53 of the laws of 2006 for a Cornell equine drug testing laboratory,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation or the dormitory authority for an appropriation
of $1,200,000 authorized by chapter 53 of the laws of 2006 for the towns
of Bristol and Canandaigua public water systems, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
or the dormitory authority for an appropriation of $5,500,000 authorized
by chapter 53 of the laws of 2006 for Belleayre mountain ski center,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation or the dormitory authority for an appropriation
of $25,000,000 authorized by chapter 53 of the laws of 2006 for the town
of Smithtown/Kings Park psychiatric center rehabilitation, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation or the dormitory authority for an appropriation of
$5,000,000 authorized by chapter 108 of the laws of 2006 for a state of
New York umbilical cord bank, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation or the dormitory
authority for an appropriation of $5,500,000 authorized by chapter 53 of
the laws of 2006 for an Old Gore mountain ski bowl connection,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation or the dormitory authority for an appropriation
of $2,000,000 authorized by chapter 53 of the laws of 2006 for a Fredo-
nia vineyard laboratory, reimbursement from the proceeds of notes or
S. 6606--A 281 A. 9706--A
bonds issued by the urban development corporation or the dormitory
authority for an appropriation of $99,500,000 authorized by chapter 108
of the laws of 2006 to the office for technology for payment of capital
construction costs for a consolidated data center, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or the
urban development corporation for an appropriation of $40,000,000
authorized by chapter 108 of the laws of 2006 for a food testing labora-
tory, reimbursement from the proceeds of notes or bonds issued by the
New York state thruway authority for an appropriation of $22,000,000
authorized by chapter 108 of the laws of 2006 to the department of
transportation for high speed rail, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
disbursements of up to $500,000,000 from an appropriation authorized by
chapter 108 of the laws of 2006 to the urban development corporation for
development of a semiconductor manufacturing facility, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation of up to $150,000,000 from an appropriation authorized by
chapter 108 of the laws of 2006 to the urban development corporation for
research and development activities of a semiconductor manufacturer, and
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital disbursements of up to $300,000,000
from an appropriation to the urban development corporation authorized by
chapter 108 of the laws of 2006 for community revitalization projects.
S 26. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to the division of state police for
construction of a Troop G facility, reimbursement from the proceeds of
S. 6606--A 282 A. 9706--A
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priations totaling $77,900,000 authorized by chapter 51 of the laws of
2007 to the judiciary for court training facilities and courthouse
improvement projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $20,000,000 authorized by chapter 50 of the laws of 2007 to all state
departments and agencies for the purchase of equipment, reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for capital disbursements of up to $14,000,000 from any capital appro-
priation or reappropriation authorized by chapter 53 of the laws of 2007
for library construction, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority for capital disbursements of up
to $60,000,000 from any capital appropriation or reappropriation author-
ized by chapter 53 of the laws of 2007 for cultural education storage
facilities, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$15,000,000 from any capital appropriation or reappropriation authorized
by chapter 55 of the laws of 2007 for the Roosevelt Island Operating
Corporation aerial tramway, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital disburse-
ments of up to $20,000,000 from any capital appropriation or reappropri-
ation authorized by chapter 55 of the laws of 2007 for Governor's
Island, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for capital disbursements of up to
$7,500,000 from any capital appropriation or reappropriation authorized
by chapter 55 of the laws of 2007 for Harriman research and technology
park, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for capital disbursements of up to
$7,950,000 from any capital appropriation or reappropriation authorized
by chapter 55 of the laws of 2007 for USA Niagara, and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $1,300,000 from appropri-
ations authorized by chapter 50 of the laws of 2007 made to the office
of general services for legislative office building hearing rooms.
S 27. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $141,000,000 authorized by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2008 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
S. 6606--A 283 A. 9706--A
55 of the laws of 2008 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of 2008
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $11,000,000 authorized by chapter 50 of the laws of
2008 to the office for technology for the costs of development of inter-
im data center facilities, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for a capital appro-
priation of $10,000,000 authorized by chapter 50 of the laws of 2008 to
the office for technology for activities related to broadband service,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the Dormitory Authority of the State of New
York or other financing source for a capital appropriation authorized by
chapter 53 of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of notes
or bonds issued by the Dormitory Authority of the State of New York or
other financing source for a capital appropriation authorized by chapter
53 of the laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $30,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital appropriation
of $35,000,000 authorized by chapter 53 of the laws of 2008 for economic
and community development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation of $30,000,000 authorized by chapter 53 of the laws of
2008 for New York city waterfront development projects, reimbursement
from the proceeds of bonds or notes issued by the urban development
corporation for a capital appropriation of $45,000,000 authorized by
chapter 53 of the laws of 2008 for Luther Forest infrastructure
projects, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to downstate
regional projects, reimbursement from the proceeds of notes or bonds
S. 6606--A 284 A. 9706--A
issued by the urban development corporation for capital appropriation of
$145,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to the down-
state revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priation of $120,000,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the upstate regional blueprint fund, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
appropriation of $40,000,000 authorized by chapter 53 of the laws of
2008 to the urban development corporation for services and expenses
related to the upstate agricultural economic development fund,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $350,000,000
authorized by chapter 53 of the laws of 2008 to the urban development
corporation for services and expenses related to the New York state
capital assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $350,000,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the New York state economic development assistance program, and
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $20,000,000 author-
ized by chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the empire state economic
development fund.
S 28. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2009 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
S. 6606--A 285 A. 9706--A
ations or reappropriations authorized by chapter 55 of the laws of 2009
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws of 2009 of
$14,000,000 to the State Education Department for library construction,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York or other financing source for a
capital appropriation of $4,000,000 to the State Education Department
for rehabilitation associated with the St. Regis Mohawk elementary
school authorized by chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter 55 of the laws of 2009 to the urban development corporation for
services and expenses related to the empire state economic development
fund.
S 29. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by a chap-
ter of the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $187,285,000 authorized by a
chapter of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation authorized by a chapter of the laws of 2010 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $19,247,000 authorized by a chap-
ter of the laws of 2010 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $5,000,000
authorized by a chapter of the laws of 2010 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by a chapter of the laws of 2010
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2010 to the division of military and naval
S. 6606--A 286 A. 9706--A
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by a chapter of the laws of 2010
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2010 to the State Education Department for library construction and
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York or other financing source for a
capital appropriation of $42,000,000 for the State preparedness and
training center.
S 30. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the dormitory authority and urban
development corporation for disbursements of up to $8,000,000 from an
appropriation authorized by chapter 50 of the laws of 2009 for drug
courts.
S 31. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the city university special revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000 from any appropriation or reappropriation authorized by
chapter 53 of the laws of 2009 to the city university of New York for
various purposes.
S 32. 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
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2010, 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 invest-
ment of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
S 33. (1) Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller shall at the commencement of each month
certify to the director of the budget, the commissioner of environmental
conservation, the chair of the senate finance committee, and the chair
of the assembly ways and means committee the amounts disbursed from all
appropriations for hazardous waste site remediation disbursements for
the month preceding such certification.
S. 6606--A 287 A. 9706--A
(2) Notwithstanding any law to the contrary, prior to the issuance by
the comptroller of bonds authorized pursuant to subdivision a of section
4 of the environmental quality bond act of nineteen hundred eighty-six,
as enacted by chapter 511 of the laws of 1986, disbursements from all
appropriations for that purpose shall first be reimbursed from moneys
credited to the hazardous waste remedial fund, site investigation and
construction account, to the extent moneys are available in such
account. For purposes of determining moneys available in such account,
the commissioner of environmental conservation shall certify to the
comptroller the amounts required for administration of the hazardous
waste remedial program.
(3) The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to all appropriations
from such site investigation and construction account; provided, howev-
er, that if such transfers are determined by the comptroller to be
insufficient to assure that interest paid to holders of state obli-
gations issued for hazardous waste purposes pursuant to the environ-
mental quality bond act of nineteen hundred eighty-six, as enacted by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site investigation and construction account to the general fund, the
amount necessary to redeem bonds in an amount necessary to assure the
continuation of such tax exempt status. Prior to the making of any such
transfers, the comptroller shall notify the director of the budget of
the amount of such transfers.
S 34. Intentionally omitted.
S 35. Subdivision 4 of section 72 of the state finance law, as sepa-
rately amended by chapters 405 and 957 of the laws of 1981, is amended
to read as follows:
4. (A) Any balance of moneys in any debt service fund in excess of
both the debt principal and interest payments required to be made from
such fund during the current fiscal year, or during future fiscal years,
and any reserve requirement established by statute or by a relevant bond
covenant, shall be transferred to the general fund.
(B) ON OR BEFORE THE BEGINNING OF EACH QUARTER, THE DIRECTOR OF THE
BUDGET MAY CERTIFY TO THE STATE COMPTROLLER THE ESTIMATED AMOUNT OF
MONIES THAT SHALL BE RESERVED IN THE GENERAL DEBT SERVICE FUND FOR THE
PAYMENT OF DEBT SERVICE AND RELATED EXPENSES PAYABLE BY SUCH FUND DURING
EACH MONTH OF THE STATE FISCAL YEAR, EXCLUDING PAYMENTS DUE FROM THE
REVENUE BOND TAX FUND. SUCH CERTIFICATE MAY BE PERIODICALLY UPDATED, AS
NECESSARY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
STATE COMPTROLLER SHALL RESERVE IN THE GENERAL DEBT SERVICE FUND THE
AMOUNT OF MONIES IDENTIFIED ON SUCH CERTIFICATE AS NECESSARY FOR THE
PAYMENT OF DEBT SERVICE AND RELATED EXPENSES DURING THE CURRENT OR NEXT
SUCCEEDING QUARTER OF THE STATE FISCAL YEAR. SUCH MONIES RESERVED SHALL
NOT BE AVAILABLE FOR ANY OTHER PURPOSE.
S 36. Subdivision 8 of section 68-b of the state finance law, as
amended by section 50 of part PP of chapter 56 of the laws of 2009, is
amended to read as follows:
8. Revenue bonds may only be issued for authorized purposes, as
defined in section sixty-eight-a of this article. Notwithstanding the
foregoing, the dormitory authority of the state of New York and the
urban development corporation may issue revenue bonds for any authorized
purpose of any other such authorized issuer through March thirty-first,
two thousand [ten] FIFTEEN. The authorized issuers shall not issue any
S. 6606--A 288 A. 9706--A
revenue bonds in an amount in excess of statutory authorizations for
such authorized purposes. Authorizations for such authorized purposes
shall be reduced in an amount equal to the amount of revenue bonds
issued for such authorized purposes under this article. Such reduction
shall not be made in relation to revenue bonds issued to fund reserve
funds, if any, and costs of issuance, if these items are not counted
under existing authorizations, nor shall revenue bonds issued to refund
bonds issued under existing authorizations reduce the amount of such
authorizations.
S 37. Section 51 of part RR of chapter 57 of the laws of 2008 provid-
ing for the administration of certain funds and accounts related to the
2008-2009 budget, as amended by section 13-a of part PP of chapter 56 of
the laws of 2009, is amended to read as follows:
S 51. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008; provided,
however, that the amendments to subdivision 6 of section 4 and subdivi-
sion 4 of section 40 of the state finance law made by sections fifteen
and sixteen of this act shall expire on the same date such subdivisions
expire; and provided, further, however, that section thirty-four of this
act shall take effect on the same date as the reversion of section 69-c
of the state finance law as provided in section 58 of part T of chapter
57 of the laws of 2007, [as amended; provided, further that such amend-
ments shall expire and be deemed repealed March 31, 2010;] and provided,
further, however, that sections one, three, four, and eighteen through
twenty-seven of this act shall expire March 31, 2009 when upon such date
the provisions of such sections shall be deemed repealed; and provided
further that section fourteen of this act shall expire March 31, [2010]
2011 when upon such date the provisions of such section shall be deemed
repealed.
S 38. Subdivision 2 of section 68-a of the state finance law, as
amended by section 56-a of part PP of chapter 56 of the laws of 2009, is
amended to read as follows:
2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z of this chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for which the state is constitutionally
obligated thereunder to pay debt service and related expenses, and
except (a) as authorized in paragraph (b) of subdivision one of section
three hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section sixteen hundred
eighty of the public authorities law, (c) state university of New York
dormitory facilities as specified in subdivision eight of section
sixteen hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by section nine-a of
section one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting the New York state medical care
facilities financing act. Notwithstanding the provisions of clause (d)
of this subdivision, for the period April first, two thousand nine
through March thirty-first, two thousand [ten] ELEVEN, mental health
services facilities, as authorized by section nine-a of section one of
chapter three hundred ninety-two of the laws of nineteen hundred seven-
ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose.
S. 6606--A 289 A. 9706--A
S 39. Paragraph a of subdivision 4 of section 57 of the state finance
law, as amended by chapter 437 of the laws of 2004, is amended to read
as follows:
a. Such bonds shall be sold at par, at par plus a premium [not to
exceed five percent in the case of refunding bonds or five-tenths of one
percent in the case of all other bonds], or at a discount to the bidder
offering the lowest interest cost to the state, taking into consider-
ation any premium or discount and, in the case of refunding bonds, the
bona fide initial public offering price, not less than four nor more
than fifteen days, Sundays excepted, after a notice of such sale has
been published at least once in a definitive trade publication of the
municipal bond industry published on each business day in the state of
New York which is generally available to participants in the municipal
bond industry, which notice shall state the terms of the sale. The
comptroller may not change the terms of the sale unless notice of such
change is sent via a definitive trade wire service of the municipal bond
industry which, in general, makes available information regarding activ-
ity and sales of municipal bonds and is generally available to partic-
ipants in the municipal bond industry, at least one [day] HOUR prior to
the [date] TIME of the sale as set forth in the original notice of sale.
In so changing the terms or conditions of a sale the comptroller may
send notice by such wire service that the sale will be delayed by up to
thirty days, provided that wire notice of the new sale date will be
given at least one business day prior to the new time when bids will be
accepted. In such event, no new notice of sale shall be required to be
published. Notwithstanding the provisions of section three hundred five
of the state technology law or any other law, if the notice of sale
contains a provision that bids will only be accepted electronically in
the manner provided in such notice of sale, the comptroller shall not be
required to accept non-electronic bids in any form. Advertisements shall
contain a provision to the effect that the state comptroller, in his OR
HER discretion, may reject any or all bids made in pursuance of such
advertisements, and in the event of such rejection, the state comp-
troller is authorized to negotiate a private sale or readvertise for
bids in the form and manner above described as many times as, in his OR
HER judgment, may be necessary to effect a satisfactory sale. Notwith-
standing the foregoing provisions of this paragraph, whenever in the
judgment of the comptroller the interests of the state will be served
thereby, he OR SHE may sell state bonds at private sale at par, at par
plus a premium [not to exceed five percent in the case of refunding
bonds or five-tenths of one percent in the case of all other bonds], or
at a discount. The comptroller shall promulgate regulations governing
the terms and conditions of any such private sales, which regulations
shall include a provision that he OR SHE give notice to the governor,
the temporary president of the senate, and the speaker of the assembly,
of his OR HER intention to conduct a private sale of obligations pursu-
ant to this section not less than five days prior to such sale or the
execution of any binding agreement to effect such sale.
S 40. Paragraph (a) of subdivision 4 of section 60 of the state
finance law, as amended by chapter 437 of the laws of 2004, is amended
to read as follows:
(a) Such bonds shall be sold at par, at par plus a premium [not to
exceed five percent in the case of refunding bonds or five-tenths of one
percent in the case of all other bonds], or at a discount to the bidder
offering the lowest interest cost to the state, taking into consider-
ation any premium or discount and, in the case of refunding bonds, the
S. 6606--A 290 A. 9706--A
bona fide initial public offering price, not less than four nor more
than fifteen days, Sundays excepted, after a notice of such sale has
been published at least once in a definitive trade publication of the
municipal bond industry published on each business day in the state of
New York which is generally available to participants in the municipal
bond industry, which notice shall state the terms of the sale. The
comptroller may not change the terms of the sale unless notice of such
change is sent via a definitive trade wire service of the municipal bond
industry which, in general, makes available information regarding activ-
ity and sales of municipal bonds and is generally available to partic-
ipants in the municipal bond industry, at least one [day] HOUR prior to
the [date] TIME of the sale as set forth in the original notice of sale.
In so changing the terms or conditions of a sale the comptroller may
send notice by such wire service that the sale will be delayed by up to
thirty days, provided that wire notice of the new sale date will be
given at least one business day prior to the new time when bids will be
accepted. In such event, no new notice of sale shall be required to be
published. Notwithstanding the provisions of section three hundred five
of the state technology law or any other law, if the notice of sale
contains a provision that bids will only be accepted electronically in
the manner provided in such notice of sale, the comptroller shall not be
required to accept non-electronic bids in any form. Advertisements shall
contain a provision to the effect that the state comptroller, in his OR
HER discretion, may reject any or all bids made in pursuance of such
advertisements, and in the event of such rejection, the state comp-
troller is authorized to negotiate a private sale or readvertise for
bids in the form and manner above described as many times as, in his OR
HER judgment, may be necessary to effect a satisfactory sale. Notwith-
standing the foregoing provisions of this subdivision, whenever in the
judgment of the comptroller the interests of the state will be served
thereby, he OR SHE may sell state bonds at private sale at par, at par
plus a premium [not to exceed five percent in the case of refunding
bonds or five-tenths of one percent in the case of all other bonds], or
at a discount. The comptroller shall promulgate regulations governing
the terms and conditions of any such private sales, which regulations
shall include a provision that he OR SHE give notice to the governor,
the temporary president of the senate, and the speaker of the assembly
of his OR HER intention to conduct a private sale of obligations pursu-
ant to this section not less than five days prior to such sale or the
execution of any binding agreement to effect such sale.
S 41. The state finance law is amended by adding a new section 73 to
read as follows:
S 73. FEDERAL INTEREST SUBSIDY PAYMENTS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE COMPTROLLER SHALL DEPOSIT ANY
FEDERAL INTEREST SUBSIDY PAYMENTS RECEIVED BY THE STATE FOR STATE-SUP-
PORTED DEBT ISSUED AS BUILD AMERICA BONDS, AS AUTHORIZED PURSUANT TO THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, AS AMENDED OR PURSUANT
TO ANY SUCCESSOR AUTHORIZATION, TO EACH RESPECTIVE DEBT SERVICE FUND
WHICH RELATES TO SUCH BONDS.
S 42. Subdivision 2 of section 1680-m of the public authorities law,
as added by section 39 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
2. Notwithstanding any other provision of law to the contrary, in
order to assist the authority and the urban development corporation in
undertaking the financing [of] FOR construction [of a collections stor-
age facility for the state museum, the state library and the state
S. 6606--A 291 A. 9706--A
archives] AND REHABILITATION ASSOCIATED WITH THE CULTURAL EDUCATION
FACILITIES AND THE ST. REGIS MOHAWK ELEMENTARY SCHOOL, the director of
the budget is hereby authorized to enter into one or more service
contracts with the 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 authority and the urban
development corporation agree, so as to annually provide to the authori-
ty and the urban development 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 authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
S 43. Subdivision 4 of section 1689-i of the public authorities law,
as added by chapter 60 of the laws of 2006, is amended to read as
follows:
4. [(a)] To obtain funds for the purposes of this section, the author-
ity shall have power from time to time, in accordance with a schedule
certified to the authority by the commissioner of education identifying
eligible library construction projects approved for the payment of aid
apportionments pursuant to section two hundred seventy-three-a of the
education law, to issue negotiable bonds or notes of the authority.
Unless the context shall clearly indicate otherwise, whenever the words
"bond" or "bonds" are used in this section, such words shall include a
note or notes of the authority.
[(b) The dormitory authority shall not issue any bonds or notes in an
amount in excess of fourteen million dollars for the purposes of this
section.]
S 44. Subdivision 5 of section 3234 of the public authorities law, as
amended by section 54 of part K of chapter 81 of the laws of 2002, is
amended to read as follows:
5. A majority of the whole number of directors then in office shall
constitute a quorum for the transaction of any business or the exercise
of any power of the corporation. Except as otherwise specified in this
title, for the transaction of any business or the exercise of any power
of the corporation, the corporation shall have power to act by a majori-
ty of the directors present at any meeting at which a quorum is in
attendance; provided that one or more directors may participate in a
meeting by means of conference telephone or similar communications
equipment allowing all directors participating in the meeting to hear
each other at the same time and participation by such means shall
constitute presence in person at a meeting. A [unanimous] MAJORITY vote
of all directors THEN IN OFFICE shall be required for approval of a
resolution authorizing the issuance of bonds or notes or any supple-
mental or amendatory resolution AND SUCH MAJORITY VOTE MUST INCLUDE THE
FAVORABLE VOTES OF THE DIRECTOR OF THE BUDGET AND THE COMPTROLLER. The
corporation may delegate to one or more of its directors, or officers,
agents and employees, such powers and duties as the directors may deem
proper. Five days notice shall be given to each director and nonvoting
representative prior to any meeting of the corporation.
S. 6606--A 292 A. 9706--A
S 45. Subdivisions 6 and 8 of section 1689-i of the public authori-
ties law, as added by section 4 of part I of chapter 61 of the laws of
2006, are amended to read as follows:
6. The commissioner of education shall certify, from time to time, to
the dormitory authority, the comptroller, the director of the division
of the budget, the chair of the senate finance committee and the chair
of the assembly ways and means committee each school district for which
he or she has determined an aid apportionment for authority financing of
an EXCEL project pursuant to subdivision fourteen of section thirty-six
hundred forty-one of the education law. Such certification, which shall
be made within thirty days after such determination or as soon thereaft-
er as is practicable, shall identify the amount of aid apportionment
which has been approved for such school district and shall estimate the
date or dates when such project will be undertaken [to assist the
authority in establishing a schedule for financing such project. The
commissioner of education shall notify the authority if there is a
change in such date].
8. To obtain funds for the purposes of this section, the authority
shall have power from time to time, [in accordance with a certification
to the authority by the commissioner of education pursuant to subdivi-
sion six of this section,] to issue negotiable bonds or notes of the
authority. Unless the context shall clearly indicate otherwise, whenev-
er the words "bond" or "bonds" are used in this section, such words
shall include a note or notes of the authority.
S 46. The state finance law is amended by adding a new section 67-d to
read as follows:
S 67-D. STATE-SUPPORTED BOND AUTHORIZATIONS. 1. SUBJECT TO THE
PROVISIONS OF ARTICLE FIVE-B OF THIS CHAPTER, AND NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, ONE OR MORE AUTHORIZED ISSUERS
OF STATE-SUPPORTED DEBT ARE HEREBY AUTHORIZED TO ISSUE BONDS AND NOTES
IN SUCH AMOUNTS NECESSARY TO FINANCE THE PROGRAMMATIC PURPOSES AS SPECI-
FIED IN THIS SECTION. THE BOND AUTHORIZATIONS SET FORTH IN THIS SECTION
SHALL BE FURTHER LIMITED TO AN AMOUNT INCLUSIVE OF ANY STATE-SUPPORTED
DEBT ISSUED FOR SUCH PURPOSES PRIOR TO APRIL FIRST, TWO THOUSAND TEN,
BUT EXCLUSIVE OF BONDS AND NOTES ISSUED TO FUND ANY RESERVE FUND OR
FUNDS, PREMIUM AND DISCOUNT, COSTS OF ISSUANCE, AND ANY OTHER RELATED
AMOUNTS NECESSARY TO EFFECTUATE THE ISSUANCE OF SUCH BONDS OR NOTES. IN
ADDITION, THE DIRECTOR OF THE BUDGET SHALL ANNUALLY REPORT ON THE
AMOUNTS AUTHORIZED FOR SUCH PURPOSES, AS THEY RELATE TO CAPITAL APPRO-
PRIATIONS AUTHORIZED TO BE BOND FINANCED IN THE ENACTED BUDGET.
(A) AUTHORIZED ISSUERS OF STATE-SUPPORTED DEBT FOR EDUCATION PURPOSES
ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH AMOUNTS NECESSARY TO
FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED TWENTY-ONE BILLION
SEVEN HUNDRED EIGHTY-NINE MILLION EIGHT HUNDRED FORTY-ONE THOUSAND
DOLLARS ($21,789,841,000) INCLUDING:
(I) STATE UNIVERSITY OF NEW YORK ("SUNY") EDUCATION FACILITIES
(II) STATE UNIVERSITY OF NEW YORK HOUSING FACILITIES
(III) STATE UNIVERSITY OF NEW YORK UPSTATE COMMUNITY COLLEGES
(IV) CITY OF NEW YORK ("CUNY") FACILITIES
(V) STATE EDUCATION DEPARTMENT
(VI) LIBRARY FOR THE BLIND
(VII) STATE UNIVERSITY OF NEW YORK ATHLETIC FACILITIES
(VIII) RESCUE
(IX) UNIVERSITY FACILITIES (JOBS 2000)
(X) SCHOOL DISTRICT CAPITAL OUTLAY GRANTS
(XI) JUDICIAL TRAINING INSTITUTE
S. 6606--A 293 A. 9706--A
(XII) TRANSPORTATION TRANSITION GRANTS
(XIII) PUBLIC BROADCASTING FACILITIES
(XIV) HIGHER EDUCATION CAPITAL MATCHING GRANTS
(XV) EXPANDING OUR CHILDREN'S EDUCATION AND LEARNING (EXCEL)
(XVI) LIBRARY FACILITIES
(XVII) CULTURAL EDUCATION STORAGE FACILITIES
(B) AUTHORIZED ISSUERS OF STATE-SUPPORTED DEBT FOR ENVIRONMENTAL
PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH AMOUNTS NECES-
SARY TO FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED THE AMOUNT
OF TWO BILLION NINE HUNDRED SEVENTY-FIVE MILLION EIGHT HUNDRED
NINETY-SEVEN THOUSAND DOLLARS ($2,975,897,000), INCLUDING:
(I) ENVIRONMENTAL INFRASTRUCTURE PROJECTS
(II) HAZARDOUS WASTE REMEDIATION
(III) RIVERBANK STATE PARK
(IV) WATER POLLUTION CONTROL
(V) STATE PARK INFRASTRUCTURE
(VI) PIPELINE FOR JOBS (JOBS 2000)
(VII) WESTERN NEW YORK NUCLEAR SERVICE CENTER (WEST VALLEY)
(VIII) LONG ISLAND PINE BARRENS PRESERVE
(IX) PILGRIM SEWAGE PLANT
(C) AUTHORIZED ISSUERS OF STATE-SUPPORTED DEBT FOR STATE FACILITIES
PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH AMOUNTS NECES-
SARY TO FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED A TOTAL
AMOUNT OF EIGHT BILLION NINE HUNDRED FORTY-SEVEN MILLION SIX HUNDRED
FIFTY-SIX THOUSAND DOLLARS ($8,947,656,000), INCLUDING:
(I) EMPIRE STATE PLAZA
(II) STATE CAPITAL PROJECTS
(III) DIVISION OF STATE POLICE FACILITIES
(IV) DIVISION OF MILITARY AND NAVAL AFFAIRS
(V) ALFRED E. SMITH BUILDING
(VI) ELK STREET PARKING GARAGE
(VII) IMPROVEMENTS TO STATE OFFICE BUILDINGS AND OTHER FACILITIES
(VIII) JUDICIARY IMPROVEMENTS
(IX) OFFICE OF STATE COMPTROLLER STATE BUILDINGS
(X) ALBANY PARKING GARAGE (EAST PARKING GARAGE)
(XI) STATE OFFICE BUILDINGS AND OTHER FACILITIES
(XII) EQUIPMENT ACQUISITION
(XIII) CORRECTIONAL FACILITIES
(XIV) HOMELAND SECURITY AND TRAINING FACILITIES
(XV) YOUTH FACILITIES
(XVI) E-911 PROGRAM
(XVII) OFFICE FOR TECHNOLOGY FACILITIES
(XVIII) FOOD LABORATORY
(XIX) COURTHOUSE IMPROVEMENTS
(XX) NEW YORK RACING ASSOCIATION (NYRA) LAND ACQUISITION AND VIDEO
LOTTERY TERMINAL CONSTRUCTION
(D) AUTHORIZED ISSUERS OF STATE-SUPPORTED DEBT FOR ECONOMIC DEVELOP-
MENT PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH AMOUNTS
NECESSARY TO FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED A
TOTAL AMOUNT OF TEN BILLION SIX HUNDRED NINETY-SEVEN MILLION TWO HUNDRED
FORTY-EIGHT THOUSAND DOLLARS ($10,697,248,000), INCLUDING:
(I) HOUSING PROGRAMS
(II) JAVITS CONVENTION CENTER
(III) COMMUNITY ENHANCEMENT FACILITIES
(IV) SCIENCE AND TECHNOLOGY CENTER (SYRACUSE)
(V) SUPER COMPUTER CENTER (CORNELL)
S. 6606--A 294 A. 9706--A
(VI) THE CENTER FOR TELECOMMUNICATIONS (COLUMBIA)
(VII) HIGHER EDUCATION APPLIED TECHNOLOGY (HEAT) PROGRAM
(VIII) INDUSTRIAL INNOVATION (CITY OF TROY/RPI REFUNDING)
(IX) THE CENTER FOR ADVANCE MATERIALS PROCESSING (CLARKSON)
(X) THE CENTER FOR ELECTRO-OPTIC IMAGING (ROCHESTER)
(XI) THE CENTER FOR NEURAL SCIENCE (NYU)
(XII) INCUBATOR FACILITIES (ALFRED)
(XIII) ONONDAGA CONVENTION CENTER
(XIV) SPORTS FACILITIES
(XV) CHILD CARE FACILITIES
(XVI) BIO-TECH FACILITIES
(XVII) STRATEGIC INVESTMENT PROGRAM (SIP)
(XVIII) REGIONAL ECONOMIC DEVELOPMENT
(XIX) NEW YORK STATE ECONOMIC DEVELOPMENT
(XX) REGIONAL ECONOMIC DEVELOPMENT 2004
(XXI) HIGH TECHNOLOGY AND DEVELOPMENT
(XXII) REGIONAL ECONOMIC DEVELOPMENT/SPUR
(XXIII) BUFFALO INNER HARBOR
(XXIV) JOBS NOW PROGRAM
(XXV) ECONOMIC DEVELOPMENT 2006
(XXVI) JAVITS CONVENTION CENTER EXPANSION(2006)
(XXVII) QUEENS STADIUM
(XXVIII) BRONX STADIUM
(XXIX) NEW YORK STATE ECONOMIC DEVELOPMENT STADIUM PARKING
(XXX) STATE MODERNIZATION PROJECTS
(XXXI) INTERNATIONAL COMPUTER CHIP RESEARCH AND DEVELOPMENT CENTER
(XXXII) 2008 AND 2009 ECONOMIC DEVELOPMENT INITIATIVES
(XXXIII) H.H. RICHARDSON COMPLEX & DARWIN MARTIN HOUSE
(E) AUTHORIZED ISSUERS OF STATE-SUPPORTED DEBT FOR HEALTH AND MENTAL
HYGIENE PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH AMOUNTS
NECESSARY TO FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED A
TOTAL AMOUNT OF EIGHT BILLION FOUR HUNDRED SIXTY-FOUR MILLION TWO
HUNDRED SIXTY-EIGHT THOUSAND DOLLARS ($8,464,268,000), INCLUDING:
(I) DEPARTMENT OF HEALTH FACILITIES
(II) MENTAL HEALTH SERVICES FACILITIES
(III) HEAL NY CAPITAL PROGRAM
(F) AUTHORIZED ISSUERS OF STATE-SUPPORTED DEBT FOR TRANSPORTATION
PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH AMOUNTS NECES-
SARY TO FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED A TOTAL
AMOUNT OF TWENTY-FOUR BILLION EIGHT HUNDRED FORTY MILLION FOUR HUNDRED
THIRTY-FOUR THOUSAND DOLLARS ($24,840,434,000), INCLUDING:
(I) ALBANY COUNTY AIRPORT
(II) CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)
(III) DEDICATED HIGHWAY AND BRIDGE TRUST FUND
(IV) HIGH SPEED RAIL PROJECTS
(V) METROPOLITAN TRANSPORTATION AUTHORITY TRANSIT AND COMMUTER
PROJECTS
(G) THE LOCAL GOVERNMENT ASSISTANCE CORPORATION IS AUTHORIZED TO ISSUE
BONDS OR NOTES IN SUCH AMOUNTS NECESSARY TO FINANCE PROJECT COSTS IN A
TOTAL AMOUNT NOT TO EXCEED A TOTAL AMOUNT OF FOUR BILLION SEVEN HUNDRED
MILLION DOLLARS ($4,700,000,000).
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE ISSUERS OF STATE-SUPPORTED DEBT NOT OTHERWISE
SECURED BY A DEDICATION OF SPECIFIC REVENUES, THE DIRECTOR OF BUDGET IS
AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS OR OTHER AGREE-
MENTS, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, WITH THE
S. 6606--A 295 A. 9706--A
ISSUERS OF SUCH STATE-SUPPORTED DEBT, UPON SUCH TERMS AND CONDITIONS AS
THE DIRECTOR OF THE BUDGET AND THE ISSUERS SHALL AGREE.
(A) ANY SERVICE CONTRACT OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO
THIS SUBDIVISION OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE
ASSIGNED AND PLEDGED BY THE ISSUER AS SECURITY FOR ITS BONDS, NOTES, OR
OTHER OBLIGATIONS.
(B) ANY SUCH SERVICE CONTRACT OR OTHER AGREEMENTS SHALL PROVIDE THAT
THE OBLIGATION OF THE DIRECTOR OF THE BUDGET OR OF THE STATE TO FUND OR
TO PAY THE AMOUNTS THEREIN PROVIDED FOR 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 MONEYS ARE
AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND
THE MONEYS AVAILABLE FOR SUCH PURPOSE, AND THAT SUCH OBLIGATION IS
SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. EXCEPT FOR THE
PURPOSE 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.
(C) ANY SERVICE CONTRACT OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO
THIS SUBDIVISION SHALL PROVIDE FOR STATE COMMITMENTS TO PROVIDE ANNUALLY
TO THE ISSUER A SUM OR SUMS, UPON SUCH TERMS AND CONDITIONS AS SHALL BE
DEEMED APPROPRIATE BY THE DIRECTOR OF THE BUDGET AND THE AUTHORIZED
ISSUER, TO FUND THE PRINCIPAL, INTEREST, AND OTHER RELATED EXPENSES
REQUIRED FOR ANY BONDS, NOTES, OR OTHER OBLIGATIONS.
3. IN ADDITION TO THE DEBT AUTHORIZATIONS SPECIFIED IN SUBDIVISION ONE
OF THIS SECTION, THE ISSUERS OF STATE-SUPPORTED DEBT MAY ALSO ISSUE
BONDS AND NOTES TO REFUND OR OTHERWISE REPAY PREVIOUSLY ISSUED STATE-
SUPPORTED DEBT. THE AGGREGATE AMOUNT OF INDEBTEDNESS EVIDENCED BY BONDS
AND NOTES OF THE AUTHORIZED ISSUER HEREINAFTER ISSUED PURSUANT TO THIS
PARAGRAPH, INCLUDING AS MAY HAVE BEEN PREVIOUSLY AUTHORIZED IN LAW,
SHALL EXCLUDE THE AMOUNT OF SUCH INDEBTEDNESS REPRESENTED BY SUCH BONDS
OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY BONDS OR NOTES; PROVIDED
THAT THE AMOUNT SO EXCLUDED UNDER THIS PARAGRAPH MAY EXCEED THE PRINCI-
PAL AMOUNT OF SUCH BONDS OR NOTES THAT WERE REFUNDED OR OTHERWISE REPAID
ONLY IF THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE ON THE REFUNDING
BONDS OR NOTES SHALL NOT HAVE AT THE TIME OF THEIR ISSUANCE EXCEEDED THE
PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES THEY
WERE ISSUED TO REFUND OR REPAY, SUCH PRESENT VALUE IN EACH CASE BEING
CALCULATED BY USING THE EFFECTIVE INTEREST RATE OF THE REFUNDING OR
REPAYMENT BONDS OR NOTES, WHICH SHALL BE THAT RATE ARRIVED AT BY DOUBL-
ING THE SEMI-ANNUAL INTEREST RATE (COMPOUNDED SEMI-ANNUALLY) NECESSARY
TO DISCOUNT THE DEBT SERVICE PAYMENTS ON THE REFUNDING OR REPAYMENT
BONDS OR NOTES FROM THE PAYMENT DATE THEREOF TO THE DATE OF ISSUE OF THE
REFUNDING OR REPAYMENT BONDS OR NOTES AND TO THE PRICE BID THEREFOR, OR
TO THE PROCEEDS RECEIVED BY THE AUTHORIZED ISSUER FROM THE SALE THEREOF
OR AS SUCH PRESENT VALUE IS OTHERWISE DETERMINED IN LAW.
S 47. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 36 of part PP of chapter 56 of
the laws of 2009, 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 ten billion eighty-nine million dollars; provided, however, that
bonds issued or to be issued shall be excluded from such limitation if:
S. 6606--A 296 A. 9706--A
(1) such bonds are issued to refund state university construction bonds
and state university 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 aggre-
gate 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, nine-
teen hundred ninety-two and March thirty-first, nineteen hundred nine-
ty-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 subdivi-
sion, 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 issu-
ance 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 or for the benefit of bondholders which
might in any way affect such right. NOTWITHSTANDING THE PROVISIONS OF
THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT
OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 48. Paragraph j of subdivision 2 of section 1680 of the public
authorities law, as amended by section 37 of part PP of chapter 56 of
the laws of 2009, is amended to read as follows:
j. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two for a housing unit for the use of
students at a state-operated institution or statutory or contract
college under the jurisdiction of the state university of New York shall
be one billion two hundred thirty million dollars. 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 relat-
ing to a housing unit under the jurisdiction of the state university of
New York. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER
APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS
SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE
STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT
S. 6606--A 297 A. 9706--A
SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 49. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 38 of part PP of chapter 56 of the laws of 2009,
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 five hundred thirty-
six million dollars. 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. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 50. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 39 of part PP of chapter 56 of
the laws of 2009, 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 six billion eight hundred forty-three
million two hundred thousand dollars. 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. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
S. 6606--A 298 A. 9706--A
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 51. Paragraph d of subdivision 19 of section 1680 of the public
authorities law, as added by chapter 349 of the laws of 1988, is amended
to read as follows:
d. Any service contract or contracts for projects entered into pursu-
ant to this subdivision shall provide for state commitments to provide
annually to the dormitory authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or to fund the debt service requirements of any bonds or notes,
including bonds issued to fund any required debt service reserve
requirement for bonds, of the dormitory authority issued to fund such
projects having a cost not in excess of sixteen million dollars;
PROVIDED THAT NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR; and
S 52. Subdivision 8 of section 1680-e of the public authorities law,
as added by chapter 177 of the laws of 1991, is amended to read as
follows:
8. The authority shall not issue its bonds to finance the design,
construction, reconstruction, rehabilitation, improvement, furnishing
and equipping of a state university athletic facility in an aggregate
principal amount greater than twenty-two million dollars; provided,
however, that, in addition to such bonds, the authority may issue an
aggregate principal amount of bonds sufficient to fund any reserve funds
established in connection therewith to pay the costs incurred in
connection with the issuance of any of such bonds and the cost of the
management of the design and construction of the state university
athletic facility. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE
WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
S 53. Paragraph (b) of subdivision 4 of section 1689-a of the public
authorities law, as amended by section 43 of part H of chapter 56 of the
laws of 2000, is amended to read as follows:
(b) The dormitory authority shall not issue any bonds or notes in an
amount in excess of one hundred ninety-five million dollars for the
purposes of this section, excluding a principal amount of bonds or notes
issued to fund one or more debt service reserve funds, to pay for the
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds, and bonds or notes previously issued. Except
for the purposes of complying with the internal revenue code, any inter-
est income earned on bond proceeds shall only be used to pay debt
service on such bonds or notes.
In computing for the purposes of this paragraph, the aggregate amount
of indebtedness evidenced by bonds and notes of the dormitory authority
issued pursuant to this section, there shall be excluded the amount of
such indebtedness represented by such bonds or notes issued to refund or
otherwise repay bonds or notes, provided that the amount so excluded
S. 6606--A 299 A. 9706--A
under this clause may exceed the principal amount of such bonds or notes
that were issued to refund or otherwise repay only if the present value
of the aggregate debt service on the refunding or repayment bonds or
notes shall not have at the time of their issuance exceeded the present
value of the aggregate debt service of the bonds or notes they were
issued to refund or repay, such present value in each case being calcu-
lated by using the effective interest rate of the refunding or repayment
bonds or notes, 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
or notes from the payment date thereof to the date of issue of the
refunding or repayment bonds or notes and to the price bid therefor, or
to the proceeds received by the dormitory authority from the sale there-
of, in each case including estimated accrued interest. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 54. Paragraph (b) of subdivision 3 of section 1689-c of the public
authorities law, as added by chapter 624 of the laws of 1999, is amended
to read as follows:
(b) The authority shall not issue any bonds or notes in an amount in
excess of forty-seven million five hundred thousand dollars for the
purposes of this subdivision, excluding a principal amount of bonds or
notes issued to fund one or more debt service reserve funds, to pay for
the costs of issuance of such bonds, and bonds or notes issued to refund
or otherwise repay such bonds, and bonds or notes previously issued.
Except for the 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 or notes.
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 subdivision, there shall be excluded the amount
of such indebtedness represented by such bonds or notes issued to refund
or otherwise repay bonds or notes, provided that the amount so excluded
under this paragraph may exceed the principal amount of such bonds or
notes that were issued to refund or otherwise repay only if the present
value of the aggregate debt service on the refunding or repayment bonds
or notes shall not have at the time of their issuance exceeded the pres-
ent value of the aggregate debt service of the bonds or notes they were
issued to refund or repay, such present value in each case being calcu-
lated by using the effective interest rate of the refunding or repayment
bonds or notes, 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
or notes from the payment date thereof to the date of issue of the
refunding or repayment bonds or notes and to the price bid therefor, or
to the proceeds received by the dormitory authority from the sale there-
of, in each case including estimated accrued interest. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
S. 6606--A 300 A. 9706--A
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 55. Paragraph (b) of subdivision 4 of section 1689-f of the public
authorities law, as added by section 64 of part H of chapter 83 of the
laws of 2002, is amended to read as follows:
(b) The dormitory authority shall not issue any bonds or notes in an
amount in excess of one hundred forty million dollars for the purposes
of this section, plus a principal amount of bonds or notes:
(1) to fund any debt service reserve fund, and
(2) to provide for the payment of fees and other charges and expenses,
including underwriters' discount, related to the issuance of such bonds
or notes, or related to the provision of any applicable bond or note
facilities.
In computing for the purposes of this paragraph, the aggregate amount
of indebtedness evidenced by bonds and notes of the dormitory authority
issued pursuant to this title, there shall be excluded the amount of
such indebtedness represented by such bonds or notes issued to refund or
otherwise repay bonds or notes, provided that the amount so excluded
under the clause may exceed the principal amount of such bonds or notes
that were issued to refund or otherwise repay only if the present value
of the aggregate debt service on the refunding or repayment bonds or
notes shall not have at the time of their issuance exceeded the present
value of the aggregate debt service of the bonds or notes they were
issued to refund or repay, such present value in each case being calcu-
lated by using the effective interest rate of the refunding or repayment
bonds or notes, 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
or notes from the payment date thereof to the date of issue of the
refunding or repayment bonds or notes from the payment date thereof to
the date of issue of the refunding or repayment bonds or notes and to
the price bid therefor, or to the proceeds received by the dormitory
authority from the sale thereof, in each case including estimated
accrued interest. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED
DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED
THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 56. Subdivision 2 of section 219-a of the judiciary law, as amended
by section 27 of part K of chapter 81 of the laws of 2002, is amended to
read as follows:
2. The chief administrator of the courts may enter into an agreement
jointly with the dormitory authority and with any other person, firm,
association, corporation or agency pursuant to which facilities for such
institute shall be constructed or otherwise provided and thereafter
maintained. The maximum amount of bonds that may be issued for such
institute is sixteen million one hundred five thousand dollars, exclu-
sive of bonds issued to fund any reserve fund or funds, pay costs of
issuance and refund bonds. Expenses of the unified court system in
relation to this agreement shall be paid out of funds appropriated from
the court facilities incentive aid fund to the judiciary for that
purpose. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
S. 6606--A 301 A. 9706--A
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 57. Subdivision (a) of section 61 of part C of chapter 57 of the
laws of 2004, amending the education law and other laws relating to the
calculation and payment of state aid to school districts and boards of
cooperative educational services, is amended to read as follows:
(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 $80,000,000, 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 other-
wise repay such bonds or notes previously issued, for the purpose of
financing transportation capital expense transition grants base year
approved expenses for transportation capital, 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. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 58. Paragraph a of subdivision 5 of section 236-a of the education
law, as added by section 1 of part P of chapter 57 of the laws of 2005,
is amended to read as follows:
a. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, one
or more authorized issuers as defined by section sixty-eight-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 fifteen
million dollars, 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 previ-
ously issued, for the purpose of financing approved capital improvement
project grants for public broadcasting stations in New York state; 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 paragraph b of this subdivi-
sion and such bonds and notes shall contain on the face thereof a state-
ment to such effect. Except for purposes of complying with the internal
revenue code, any interest income earned on bond proceeds shall only be
S. 6606--A 302 A. 9706--A
used to pay debt service on such bonds. NOTWITHSTANDING THE PROVISIONS
OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE
AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION
ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE
ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN
ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE
FINANCE LAW PROVIDING THEREFOR.
S 58-a. Section 2 of part P of chapter 57 of the laws of 2005, amend-
ing the education law relating to establishing a program of capital
financing for public broadcasting stations, as amended by chapter 167 of
the laws of 2009, is amended to read as follows:
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2005, and shall
expire March 31, [2010] 2011 when upon such date the provisions of this
act shall be deemed repealed.
S 59. Clause (B) of subparagraph (iii) of paragraph (j) of subdivision
4 of section 1 of part U of chapter 57 of the laws of 2005, amending the
labor law and other laws relating to implementing the state fiscal plan
for the 2005-2006 state fiscal year, as added by section 1 of part D of
chapter 63 of the laws of 2005, is amended to read as follows:
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of 150 million dollars 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 previ-
ously 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. NOTWITHSTANDING THE PROVISIONS OF THIS CLAUSE, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED
DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED
THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 60. Clause (B) of subparagraph (iii) of paragraph (j) of subdivision
4 of section 1680-j of the public authorities law, as added by section 1
of part MM of chapter 59 of the laws of 2004, is amended to read as
follows:
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of three hundred fifty million dollars 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. NOTWITHSTANDING THE PROVISIONS OF THIS
CLAUSE, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 61. Paragraph a of subdivision 14 of section 3641 of the education
law, as added by section 2 of part I of chapter 61 of the laws of 2006,
is amended to read as follows:
S. 6606--A 303 A. 9706--A
a. Establishment of the EXCEL program. There is hereby established the
expanding our children's education and learning (EXCEL) program to
provide project financing or assistance in the form of grants to eligi-
ble school districts, in addition to, or in lieu of, the apportionments
made pursuant to subdivisions six, six-a, six-b, six-c, [six-d,] six-e,
six-f and paragraph c of subdivision fourteen of section thirty-six
hundred two of this article, and subdivisions ten and twelve of this
section, for the costs of EXCEL school facility projects. An apportion-
ment for any such project shall initially be available in the state
fiscal year commencing April first, two thousand six. Notwithstanding
any provision of law to the contrary, the dormitory authority of the
state of New York shall be authorized to issue bonds or notes in an
aggregate amount not to exceed two billion six hundred million dollars
for purposes of the EXCEL program. NOTWITHSTANDING THE PROVISIONS OF
THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT
OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 62. Subdivision 9 of section 1689-i of the public authorities law,
as added by section 4 of part I of chapter 61 of the laws of 2006, is
amended to read as follows:
9. The dormitory authority shall not issue any bonds or notes in an
amount in excess of two billion six hundred million dollars for the
purposes of this section, excluding a principal amount of bonds or notes
issued to fund one or more debt service reserve funds, to pay for the
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds, and bonds or notes previously issued. Except
for the purposes of complying with the internal revenue code, any inter-
est income earned on bond proceeds shall only be used to pay debt
service on such bonds or notes. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 63. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 40 of part PP of chapter 56 of the laws of 2009,
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 fifty-six million dollars. NOTWITH-
STANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,
TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-
SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 64. Subdivision 1 of section 1680-m of the public authorities law,
as amended by section 41 of part PP of chapter 56 of the laws of 2009,
is amended to read as follows:
S. 6606--A 304 A. 9706--A
1. Notwithstanding the provisions of any other law to the contrary,
the authority and the urban development corporation are hereby author-
ized to issue bonds or notes in one or more series for the purpose of
funding project costs for construction and rehabilitation associated
with the cultural education facilities and the St. Regis Mohawk elemen-
tary school. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed ninety-one million five
hundred eighty-five thousand dollars, 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 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
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. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 65. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 42 of part PP of chapter 56 of the laws of 2009,
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 eight hundred sixty-seven million five hundred thousand
dollars, 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.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL
FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH
TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET
FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 66. Subdivision 3 of section 1285-q of the public authorities law,
as added by section 6 of part I of chapter 1 of the laws of 2003, is
amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects authorized by this
section shall not exceed one billion two hundred million dollars and
shall not exceed one hundred twenty million dollars for appropriations
enacted for any state fiscal year, provided that the bonds not issued
for such appropriations may be issued pursuant to reappropriation in
subsequent fiscal years. No bonds shall be issued for the repayment of
S. 6606--A 305 A. 9706--A
any new appropriation enacted after March thirty-first, two thousand
thirteen for hazardous waste site remediation projects authorized by
this section. Amounts authorized to be issued by this section shall be
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 this 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. NOTWITH-
STANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,
TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 67. Paragraph (a) of subdivision 1 of section 1290 of the public
authorities law, as amended by chapter 366 of the laws of 2004, is
amended to read as follows:
(a) The corporation shall have power and is hereby authorized from
time to time to issue its negotiable or non-negotiable bonds and notes
in conformity with applicable provisions of the uniform commercial code
in such principal amount, as, in the opinion of the corporation, shall
be necessary to provide sufficient funds for achieving its purposes,
including the acquisition and construction, operation and maintenance of
sewage treatment works, sewage collecting systems, solid waste disposal
facilities, storm water collecting systems, water management facilities,
air pollution control facilities, the removal, disposal and remediation
of petroleum storage tanks and the remediation of the sites thereof and
any other project or projects authorized pursuant to the provisions of
this title, and paying the cost thereof; the making of loans to persons
and, for purposes of sections twelve hundred eighty-five-j, twelve
hundred eighty-five-m and twelve hundred eighty-five-o of this title
only, to any municipality or recipient for such purposes; the making of
loans, providing of financing or extension of credit to or on behalf of
beginning farmers for purposes of section twelve hundred eighty-five-r
of this title only; the financing of the design, acquisition,
construction, improvement and installation of all or any portion of
Riverbank Park, provided however, that any such bonds or notes issued to
finance Riverbank Park shall only be issued in such principal amount as
shall be necessary to provide sufficient funds for the repayment of
amounts disbursed pursuant to appropriations or reappropriations under
chapter fifty-four of the laws of nineteen hundred ninety-one including
any subsequent reappropriation of the unexpended balance of such appro-
priations or reappropriations for the purpose of Riverbank Park, plus an
amount sufficient to fund any debt service reserve fund established by
the corporation for the purpose of Riverbank Park and to provide for the
payment of fees and other charges and expenses of the corporation in
connection with such bonds and notes, which principal amount shall
constitute the statutory ceiling on the amount of bonds and notes that
can be issued for such purpose; the financing of all or any portion of
any state park infrastructure project or reimbursement of the state for
expenditures relating thereto, plus an amount to provide for the payment
of fees and other charges and expenses of the corporation in connection
S. 6606--A 306 A. 9706--A
with such bonds and notes; the provision of funds to the state for any
amounts contributed or to be contributed to the water pollution control
revolving fund, the pipeline for jobs fund or the drinking water revolv-
ing fund provided, however, that any such bonds or notes issued to
provide funds to the water pollution control revolving fund, the pipe-
line for jobs fund or the drinking water revolving fund shall only be
issued in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed pursuant to any
appropriation or reappropriation enacted for the pipeline for jobs fund
or for the payment of the state match for federal capitalization grants
for the water pollution control revolving fund or the drinking water
revolving fund, plus an amount sufficient to fund any debt service
reserve fund and to provide for fees, charges and other costs of issu-
ance, which principal amount shall constitute the statutory ceiling on
the amount of bonds and notes that can be issued for such purpose; the
financing of any environmental infrastructure projects authorized by
section twelve hundred eighty-five-p of this title; the purchase of
municipal bonds and notes, and bonds and notes of a state agency, the
payment of the cost of any project, the payment of interest on bonds and
notes of the corporation, the establishment of reserves to secure such
bonds and notes; the provision of working capital and all other expendi-
tures of the corporation incident to and necessary or convenient to
carry out its purposes and powers[;]. NOTWITHSTANDING THE PROVISIONS OF
THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT
OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 68. Subdivision 1 of section 1285-l of the public authorities law,
as added by chapter 55 of the laws of 1992, is amended to read as
follows:
1. Notwithstanding the provisions of any general or special law to the
contrary, the office of parks, recreation and historic preservation or
the division of the budget, with the approval of the director of the
budget, and the corporation are each hereby authorized to enter into a
contract or contracts providing for the financing of the design, acqui-
sition, construction, improvement and installation of all or any portion
of any state park infrastructure project or reimbursement to the state
for costs incurred in connection with a state park infrastructure
project for and on behalf of the state; and the corporation and the
office of parks, recreation and historic preservation or the division of
the budget, with the approval of the director of the budget, may enter
into a contract, lease, easement, license or other instrument pursuant
to which the corporation shall make all or any portion of any state park
infrastructure project available to such state agency. Any such contract
or contracts, lease, easement, license or other instrument shall be upon
such terms and conditions as the corporation and the state shall deter-
mine to be reasonable, including, but not limited to, the payment of or
reimbursement to the corporation for (a) all costs of the corporation in
financing all or any portion of any state park infrastructure project,
and any claims arising therefrom, (b) all fees and other charges of, and
all expenses incurred by, the corporation in connection with the issu-
ance and administration of any bonds or notes issued by the corporation
for such purpose, and (c) amounts sufficient to pay all principal,
premium, if any, and interest on such bonds or notes. Such payment or
S. 6606--A 307 A. 9706--A
reimbursement may be made annually or otherwise, may be in fixed amounts
or based on any factors or other matters, or may be made in any other
manner, as such contract or contracts, lease, easement, license or other
instrument shall provide. Provided, however, that the net proceeds of
any such bonds or notes issued shall not exceed sixteen million dollars,
not including issuance costs, capitalized interest and debt service
reserve funds. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED
DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED
THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 69. Subparagraph (i) of paragraph (b) of subdivision 6 of section
1854 of the public authorities law, as amended by section 27 of part B
of chapter 57 of the laws of 1998, is amended to read as follows:
(i) Notwithstanding the provisions of any general or special law to
the contrary, the director of the budget and the chair of the authority
are each authorized to enter into one or more service contracts, and to
amend or supplement any existing service contract, with respect to
programs, projects, and activities of the authority pursuant to this
subdivision, upon such terms as the director of the budget and the chair
of the authority may agree, including, but not limited to, provisions
relating to the respective obligations of the state and the authority
with respect to administration, management, maintenance, and use of the
real property at the Western New York Nuclear Service Center held by the
authority, design, construction, modification, operation, and mainte-
nance of facilities thereon, and implementation of programs, projects,
or activities to improve or correct conditions thereon, including, but
not limited to, the West Valley demonstration project, and provisions
providing for the payment of (A) all fees and charges of, and expenses
and other non-asset costs of financing incurred by, the authority in
connection with the issuance and administration of special obligation
bonds or notes to pay for or reimburse the state with respect to such
actions, and (B) all debt service payments on such bonds and notes.
Provided, however, that the aggregate net proceeds of any such bonds or
notes issued, excluding any bonds or notes issued for the purpose of
refunding other bonds and notes issued under this subdivision, shall not
exceed the aggregate of amounts appropriated for such actions in the
state fiscal year ending March thirty-one, nineteen hundred ninety-three
and any state fiscal year thereafter up to and including the state
fiscal year ending March thirty-first, nineteen hundred ninety-nine, not
including amounts to be applied to the payment of all fees and other
charges of, and expenses and other non-asset costs of financing incurred
by, the authority in connection with the issuance and administration of
such bonds and notes; and, capitalized interest and debt service reserve
funds established for such bonds or notes and the acquisition of insur-
ance, letters of credit or other credit enhancement or liquidity facili-
ties obtained in connection with such bonds or notes. NOTWITHSTANDING
THE PROVISIONS OF THIS SUBPARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOU-
SAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S. 6606--A 308 A. 9706--A
S 70. Subdivision (a) of section 93 of chapter 83 of the laws of 1995,
amending the state finance law and other laws relating to state
finances, as amended by chapter 309 of the laws of 1996, is amended to
read as follows:
(a) Notwithstanding the provisions of section 18 of the New York state
urban development corporation act, the urban development corporation is
hereby authorized to issue bonds or notes in an aggregate principal
amount not to exceed $15,000,000 excluding bonds issued to fund a debt
service reserve fund, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of the Long Island pine barrens land
acquisition as authorized by chapter 54 of the laws of 1995 and all
subsequent reappropriations of the appropriation made pursuant to chap-
ter 54 of the laws of 1995 for the purpose of the Long Island pine
barrens land acquisition, and to reimburse the state capital projects
fund for disbursements made therefor. 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 the service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL
FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH
TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET
FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 71. Paragraph (e) of subdivision 1 of section 1290 of the public
authorities law, as added by section 29 of part K of chapter 81 of the
laws of 2002, is amended to read as follows:
(e) Notwithstanding any other law to the contrary, the corporation
shall not issue any notes or bonds on behalf of any state department or
agency to fund the removal, disposal and remediation of petroleum stor-
age tanks and the remediation of the sites thereof or on behalf of the
office of mental health to finance the pilgrim state sewage treatment
project, after the thirty-first day of March, nineteen hundred ninety-
six. This limitation shall not apply to bonds and notes issued to refund
bonds issued for such purposes. NOTWITHSTANDING THE PROVISIONS OF THIS
PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 72. Subdivision 1 of section 2 of chapter 7 of the laws of 1989,
authorizing the New York state urban development corporation to assist
the state in restructuring certain payment requirements is amended to
read as follows:
(1) Notwithstanding the provisions of section 18 of the UDC act, the
corporation is hereby authorized, as a civic project of the corporation,
to issue bonds and notes in an aggregate original principal amount not
to exceed one hundred thirty-three million dollars ($133,000,000), and
to make available the proceeds received from the sale of such bonds and
notes to the New York state office of general services, for the purposes
of financing the acquisition of interests in state office facilities as
further authorized by this act. Bonds issued or to be issued for such
S. 6606--A 309 A. 9706--A
purposes shall be excluded from the foregoing limitation as to the
aggregate original principal amount if such bonds are issued to refund
bonds issued for such 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. For purposes
hereof, 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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 73. Subdivision 1 of section 342 of chapter 190 of the laws of 1990
amending the tax law relating to certain taxes, fees and other imposi-
tions, is amended to read as follows:
(1) Notwithstanding the provisions of section 18 of the UDC act, the
corporation is hereby authorized to issue bonds, notes or other obli-
gations in an aggregate principal amount not to exceed two hundred
million dollars, plus a principal amount of bonds, notes or other obli-
gations (a) to fund any related debt service reserve fund, or other
reserve funds as may be needed, (b) to provide capitalized interest, and
(c) to provide fees and other charges and expenses, including underwrit-
ers' discount, related to the issuance of such bonds, notes or other
obligations and the maintenance of such reserves, all as determined by
the corporation, excluding bonds, notes or other obligations issued to
refund or otherwise repay bonds, notes or other obligations theretofore
issued for such purposes. In computing the total principal amount of
bonds, notes or other obligations that may at any time be issued for any
purpose under this section, the amount of the outstanding bonds, notes
or other obligations that constitutes interest under the United States
Internal Revenue Code of 1986, as amended to the effective date of this
section, shall be excluded. The corporation is further authorized to
apply the proceeds received from the sale of such bonds, notes or other
obligations (except for any portion of such proceeds allocated to the
payment of costs of issuance, the funding of a debt service reserve fund
or other reserves as may be needed, or the paying of capitalized inter-
est) to purchases of interests from the state pursuant to sections three
hundred thirty-nine through three hundred forty-seven of this act.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL
FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH
TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET
FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 74. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, providing for the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by section 43 of
S. 6606--A 310 A. 9706--A
part PP of chapter 56 of the laws of 2009, is amended to read as
follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
$114,100,000, 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 division of
state police facilities, 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. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 75. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005 providing for the administration of certain funds and
accounts related to the 2005-2006 budget, is amended to read as follows:
(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 $15,000,000, 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 other-
wise repay such bonds or notes previously issued, for the purpose of
financing capital projects for public protection facilities in the Divi-
sion 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. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S. 6606--A 311 A. 9706--A
S 76. Subdivision (a) of section 34 of part K of chapter 81 of the
laws of 2002 relating to the financing of certain buildings located in
the city of Albany, as amended by section 21 of part P-2 of chapter 62
of the laws of 2003, 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 New York state urban
development corporation act, the urban development corporation is hereby
authorized to issue bonds or notes in one or more series in an aggregate
principal amount not to exceed $89,000,000, 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, for the purpose of financing the
Alfred E. Smith office building located in the city of Albany, 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 of 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. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 77. Subdivision (a) of section 35 of part Y of chapter 61 of the
laws of 2005 providing for the administration of certain funds and
accounts related to the 2005-2006 budget, 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 New York state urban
development corporation act, the urban development corporation is hereby
authorized to issue bonds or notes in one or more series in an aggregate
principal amount not to exceed $25,000,000, 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, for the purpose of financing the Elk
street parking garage building located in the city of Albany, 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. 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. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
S. 6606--A 312 A. 9706--A
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 78. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, providing for the administration of certain funds and
accounts related to the 2002-2003 budget, as amended by section 44 of
part PP of chapter 56 of the laws of 2009, 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 $25,000,000 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 previ-
ously issued, for the purpose of financing capital costs related to
homeland security 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 $155,800,000,
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 financing 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.
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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 79. Paragraph (b) of subdivision 3 of section 1680-i of the public
authorities law, as amended by section 25 of part P-2 of chapter 62 of
the laws of 2003, is amended to read as follows:
(b) The dormitory authority shall not issue any bonds or notes in an
amount in excess of thirty-seven million six hundred thousand dollars
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. NOTWITHSTANDING THE PROVISIONS
OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE
AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION
ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE
ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN
S. 6606--A 313 A. 9706--A
ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE
FINANCE LAW PROVIDING THEREFOR.
S 80. Paragraph (a) of subdivision 36 of section 1680 of the public
authorities law, as added by chapter 5 of the laws of 1998, is amended
to read as follows:
(a) The dormitory authority is empowered and authorized to enter into
a lease, sublease, lease purchase, or other agreement with the office of
general services of the state of New York pursuant to which one or more
facilities are to be acquired, designed, constructed, reconstructed,
rehabilitated, improved or otherwise made available for the provision of
parking facilities for the state of New York in the city of Albany, New
York and pursuant to which such facilities are to be furnished or
equipped and in furtherance of such authorization, the commissioner of
general services is hereby empowered to grant or convey to the dormitory
authority, such lands as may be necessary for such purposes upon such
terms and conditions as the commissioner of general services may fix and
determine provided, however, that any contract or lease for
construction, reconstruction or rehabilitation authorized by this subdi-
vision shall be governed by article eight of the labor law. Such lease,
sublease, lease purchase, or other agreement may provide for the payment
of annual rentals and other payments by the state of New York on behalf
of the departments or agencies having occupancy or use thereof to the
dormitory authority from appropriations as provided in paragraph (c) of
this subdivision and may contain such other terms and conditions as may
be agreed upon by the parties thereto, including but not limited to,
provisions relating to the maintenance and operation of the facilities,
the establishment of reserve funds, indemnities and the disposition of a
facility or the interest of the dormitory authority therein, if any,
prior to or upon termination or expiration of such lease, sublease,
lease purchase or other agreement. Such lease, sublease, lease purchase,
or other agreement shall be subject to the approval of the director of
the budget. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 81. Paragraph (a) of subdivision 35 of section 1680 of the public
authorities law, as added by chapter 5 of the laws of 1998, is amended
to read as follows:
(a) The dormitory authority is empowered and authorized to enter into
a lease, sublease, lease purchase, or other agreement with the office of
general services of the state of New York on behalf of the department of
audit and control of the state of New York pursuant to which one or more
facilities are to be designed, acquired, constructed, reconstructed,
rehabilitated, improved or otherwise provided for the department of
audit and control of the state of New York, the New York state and local
employees' retirement system and the New York state and local police and
fire retirement system and pursuant to which such facilities are to be
furnished or equipped provided, however, that any contract or lease for
construction, reconstruction or rehabilitation authorized by this subdi-
vision shall be governed by article eight of the labor law. Such lease,
sublease, lease purchase, or other agreement may provide for the payment
of annual rentals and other payments by the department of audit and
control of the state of New York to the dormitory authority from appro-
S. 6606--A 314 A. 9706--A
priations as provided in paragraph (c) of this subdivision or from
payments made pursuant to any lease, sublease, lease purchase, or other
agreement authorized pursuant to paragraph (f) of this subdivision and
contain such other terms and conditions as may be agreed upon by the
parties thereto, including but not limited to, provisions relating to
the maintenance and operation of the facilities, the establishment of
reserve funds, indemnities and the disposition of a facility or the
interest of the dormitory authority therein, if any, prior to or upon
termination or expiration of such lease, sublease or other agreement.
Such lease, sublease, lease purchase, or other agreement shall be
subject to the approval of the director of the budget. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 82. Subdivision 1 of section 1680-n of the public authorities law,
as added by section 46 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the authority and the urban development corporation are hereby author-
ized to issue bonds or notes in one or more series for the purpose of
funding project costs for the acquisition of state buildings and other
facilities. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed one hundred forty
million dollars, 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 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 and the urban develop-
ment 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. NOTWITH-
STANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,
TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 83. Subdivision 4 of section 66-b of the state finance law, as
amended by section 45 of part PP of chapter 56 of the laws of 2009, is
amended to read as follows:
4. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any other provisions of law to the contra-
ry, the maximum amount of certificates of participation or similar
instruments representing periodic payments due from the state of New
York, issued on behalf of state departments and agencies, the city
university of New York and any other state entity otherwise specified
after March thirty-first, two thousand three shall be five hundred
sixty-four million dollars. Such amount shall be exclusive of certif-
icates of participation or similar instruments issued to fund a reserve
S. 6606--A 315 A. 9706--A
fund or funds, costs of issuance and to refund outstanding certificates
of participation. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-
SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT
EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH,
THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVID-
ING THEREFOR.
S 84. Subdivision 1 of section 1680-k of the public authorities law,
as added by section 5 of part J-1 of chapter 109 of the laws of 2006, 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 dollars 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 previ-
ously issued, for the purpose of financing the construction of the New
York state agriculture and markets food laboratory. Eligible project
costs may include, but not be limited to the cost of design, financing,
site investigations, site acquisition and preparation, 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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 85. Subdivision (a) of section 32 of chapter 60 of the laws of 2006,
relating to providing for administration of certain funds and accounts
related to the 2006-2007 budget, as amended by section 45 of part RR of
chapter 57 of the laws of 2008, is amended to read as follows:
(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 $120,500,000, 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 office for technology facilities, 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
S. 6606--A 316 A. 9706--A
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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 86. Section 1680-o of the public authorities law, as amended by
section 49-b of part PP of chapter 56 of the laws of 2009, is amended to
read as follows:
S 1680-o. Courthouse improvements and training facilities. 1.
Notwithstanding the provisions of any other law to the contrary, the
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 eligible courthouse improvements, drug courts, and
training facilities. The aggregate principal amount of bonds authorized
to be issued pursuant to this section shall not exceed eighty-five
million nine hundred thousand dollars, 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 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
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. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 87. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, providing for the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 46 of part PP of chapter 56 of the laws of 2009, 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 five billion eight hundred
thirty-seven million eight hundred thousand dollars $5,837,800,000, 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,
S. 6606--A 317 A. 9706--A
for deposit 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
correctional services from the correctional facilities capital improve-
ment 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 correctional services; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than five
billion eight hundred thirty-seven million eight hundred thousand
dollars $5,837,800,000, only if the present value of the aggregate 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 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 corporation including estimated accrued interest from
the sale thereof. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE
WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
S 88. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to the financing of certain buildings located in
the city of Albany, as amended by section 44 of part PP of chapter 56 of
the laws of 2009, 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 $25,000,000 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 previ-
ously issued, for the purpose of financing capital costs related to
homeland security 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 $155,800,000,
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
S. 6606--A 318 A. 9706--A
refund or otherwise repay such bonds or notes previously issued, for the
purpose of financing 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.
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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 89. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, providing for the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 20 of part P-2 of chapter 62 of the laws of 2003, 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 three hundred twenty-eight
million five hundred fifteen thousand dollars ($328,515,000), 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 facilities improve-
ment fund, to pay for all or any portion of the amount or amounts paid
by the state from appropriations or reappropriations made to the office
of children and family 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
outstanding bonds, notes or other obligations may be greater than three
hundred twenty-eight million five hundred fifteen thousand dollars
($328,515,000), only if the present value of the aggregate 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
S. 6606--A 319 A. 9706--A
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, 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 ther-
eof. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER
APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS
SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE
STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT
SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 90. Subdivision 3 of section 1689-h of the public authorities law,
as added by section 5 of part Y of chapter 62 of the laws of 2003, is
amended to read as follows:
3. To obtain funds for the purposes of this subdivision, the authority
is hereby authorized to issue bonds or notes in an amount not to exceed
one hundred million dollars 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 payment of the costs of expedited deployment
funding in accordance with the provisions of section three hundred thir-
ty-three of the county law. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 91. Subdivisions (a) and (b) of section 103 of chapter 18 of the
laws of 2008, amending the racing, pari-mutuel wagering and breeding law
and other laws relating to racing corporations and associations, are
amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provisions of law to the contrary, the urban
development corporation is hereby authorized to issue bonds or notes in
one or more series in an aggregate principal amount not to exceed
$105,000,000, excluding bonds or notes issued to finance one or more
debt service reserve funds, to pay costs of issuance of such bonds or
notes and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing the acquisition
of clear title to the Aqueduct, Belmont and Saratoga racetracks and
related real property through a payment or payments by the state pursu-
ant to an order of the United States bankruptcy court for the southern
district of New York approving a plan of reorganization of the New York
racing association. Eligible project costs may include, but not be
limited to the cost of site acquisition, costs relating to clearance of
title, professional fees and costs of issuance. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
S. 6606--A 320 A. 9706--A
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
(b) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provisions of law to the contrary, the urban
development corporation is hereby authorized to issue bonds or notes in
one or more series in an aggregate principal amount not to exceed
$250,000,000, excluding bonds or notes issued to finance one or more
debt service reserve funds, to pay costs of issuance of such bonds or
notes and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing the design,
acquisition, construction and equipment of such structures as may be
necessary to properly house video lottery terminal gaming at Aqueduct
racetrack. Eligible project costs may include, but not be limited to,
the cost of property acquisition, studies, appraisals, surveys, testing,
environmental impact statements, infrastructure, facility design,
construction and equipment, costs of leasing space, professional fees
and costs of issuance. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 92. Subdivision 2 of section 553-b of the public authorities law is
amended by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER
APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS
SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE
STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT
SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 93. Section 21-e of chapter 432 of the laws of 1997, amending the
state finance law and other laws relating to the transportation, econom-
ic development and environmental conservation budget, is amended to read
as follows:
S 21-e. Notwithstanding the provisions of any other law to the
contrary, the authority is hereby authorized to issue bonds or notes in
one or more series for the purpose of funding project costs or making
grants, loans or combinations thereof for community enhancement facili-
ties projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed four hundred twenty-
five million dollars total for all issuing authorities, 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
authority 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 for debt service 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. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
S. 6606--A 321 A. 9706--A
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 94. Subdivision (c) of section 7 of chapter 796 of the laws of 1992,
providing for enhancements to the center for science and technology on
the campus of Syracuse University and the Cornell super computer center
on the campus of Cornell University, is amended to read as follows:
(c) The aggregate amount of the monies granted by the corporation to
the university shall not exceed six million five hundred thousand
dollars ($6,500,000). NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 95. Subdivision (c) of section 13 of chapter 796 of the laws of
1992, providing for enhancements to the center for science and technolo-
gy on the campus of Syracuse University and the Cornell super computer
center on the campus of Cornell University, is amended to read as
follows:
(c) The aggregate principal amount of moneys granted by the corpo-
ration to the university shall be twelve million three hundred thousand
dollars ($12,300,000). NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 96. Section 4 of chapter 684 of the laws of 1986, relating to
providing for the construction of the center for computers, microelec-
tronics and telecommunications on the campus of Columbia University in
the city of New York, as amended by chapter 796 of the laws of 1992, is
amended to read as follows:
S 4. Notwithstanding any general, special or local law, the corpo-
ration is hereby authorized to lend or otherwise disburse to the univer-
sity proceeds received from the sale of the bonds and notes of the
corporation in connection with the development of the center as provided
herein, provided, that bonds issued for the purposes of this act and any
renewals thereof shall mature not less than twenty years nor more than
forty years after the date of issuance thereof or not less than twenty
years nor more than forty years after the original issuance date of any
note sold in anticipation of the issuance of any such bond, provided
that the loan shall be secured by a first mortgage lien on the center,
and provided further that bonds of an issue, proceeds from which were
disbursed not as a loan, shall not be subject to subdivision (d) of
section 15 of this chapter. NOTWITHSTANDING THE PROVISIONS OF THIS
SECTION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 97. Section 15 of chapter 796 of the laws of 1992, providing for
enhancements to the center for science and technology on the campus of
S. 6606--A 322 A. 9706--A
Syracuse University and the Cornell super computer center on the campus
of Cornell University, is amended to read as follows:
S 15. Notwithstanding the provisions of section 18 of the urban devel-
opment corporation act, the corporation is hereby authorized to issue
bonds and notes, in one or more offerings, in an aggregate principal
amount not to exceed twenty-three million eight hundred thousand dollars
($23,800,000), excluding costs of issuance including debt service
reserve requirements, and to make the proceeds received from the sale of
such bonds and notes available to Syracuse University, Cornell Universi-
ty and Columbia University in accordance with the provisions of sections
two through seven, sections eight through thirteen, and section fourteen
of this act. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 98. Section 17 of chapter 796 of the laws of 1992, providing for
enhancements to the center for science and technology on the campus of
Syracuse University and the Cornell super computer center on the campus
of Cornell University, is amended to read as follows:
S 17. There is hereby established under the administration and direc-
tion of the Urban Development Corporation the Higher Education Applied
Technology Program. State funding for projects eligible under the Higher
Education Applied Technology program shall be limited to seventy-five
million dollars for the period April 1, 1993 through March 31, 1996 and
made available according to the following schedule:
1. Long Island University
Brooklyn Health Technology Center ........................... 14,500,000
2. Rochester Institute of Technology
Center for Integrated Manufacturing .......................... 9,500,000
3. Fordham University
New University Library and Regional Education Technology
Center ....................................................... 9,000,000
4. Rensselaer Polytechnic Institute
Center for Polymer Synthesis ................................. 4,500,000
5. State University of New York at Albany
Center for Environmental Sciences and Technology
Management .................................................. 10,000,000
6. City University of New York
Applied Science Coordinating Institute at the Graduate
School and University Center ................................ 15,000,000
7. Marist College
Small Business Communications Network ........................ 1,000,000
8. Columbia University
Center for Disease Prevention ............................... 10,000,000
9. State University of New York at Binghamton
Incubator Support Laboratory ................................. 1,500,000
State funding for such programs during such period shall be limited to
no more than twenty-five million dollars in any fiscal year. Notwith-
standing section 18 of the urban development corporation act, the Urban
Development Corporation is hereby authorized to issue bonds for such
programs in an amount not to exceed seventy-five percent of the total
funds made available in the Higher Education Applied Technology program,
excluding costs of issuance including debt service requirements. At
S. 6606--A 323 A. 9706--A
least twenty-five percent of state funds for such program shall be
subject to appropriations from the capital projects fund. NOTWITHSTAND-
ING THE PROVISIONS OF THIS SECTION, ON AND AFTER APRIL FIRST, TWO THOU-
SAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 99. Section 18 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by chapter 839 of the laws of 1987, the schedule as amended by
chapter 214 of the laws of 1990, is amended to read as follows:
S 18. Bond authorization. The corporation shall not issue bonds and
notes in an aggregate principal amount exceeding one billion two hundred
ninety-five million dollars, excluding (1) bonds and notes issued to
refund or otherwise repay outstanding bonds and notes of the corporation
or of the New York state project finance agency, (2) notes issued by the
corporation to evidence eligible loans made to the corporation pursuant
to the New York state project finance agency act, and (3) bonds and
notes issued with the approval of the state director of the budget and
the New York state public authorities control board which are secured by
and payable solely out of a specific project, other than a residential
project, undertaken by the corporation subsequent to June first, nine-
teen hundred seventy-seven, and the revenues and receipts derived there-
from, without recourse against other assets of the corporation or
against a debt service reserve fund to which state funds are apportiona-
ble pursuant to subdivision three of section twenty of this act,
provided that the corporation shall not issue bonds or notes pursuant to
this clause (3) if (a) (i) the arrangements under which the project is
undertaken do not provide for annual real property taxes, or payments in
lieu of real property taxes, on the real property included in the
project securing such bonds or notes which together at least equal the
average annual real property taxes which were paid with respect to such
real property for three years prior to the acquisition of such project
or any portion thereof by the corporation or a subsidiary thereof, and
(ii) after a public hearing, the local legislative body of the city,
town or village in which such project is to be located has not consented
to such arrangements, provided, however, that in a city having a popu-
lation of one million or more such consent shall be given by the board
of estimate of such city, or (b) the aggregate principal amount of any
such bonds and notes is less than twice the amount of any moneys appro-
priated by the state and made available by the corporation to the
project securing such bonds and notes, or (c) the aggregate principal
amount of the bonds and notes issued pursuant to this clause (3) will
thereby exceed three hundred seventy-nine million dollars, excluding
bonds and notes issued to refund or otherwise repay outstanding bonds
and notes issued pursuant to this clause (3), provided, however, that
the corporation may provide for a pooled financing arrangement with
regard to bonds issued for the purposes of financing the construction of
the Center for Computers, Microelectronics and Telecommunications at
Columbia University, the Center for Science and Technology at Syracuse
University, the Cornell Super Computer Center at Cornell University, the
Onondaga County Convention Center Complex, the Center for Advanced Mate-
rials Processing at Clarkson University, the Center for Electro-Optic
Imaging at University of Rochester, the Center for Neural Science at New
York University, the Alfred University Incubator Facilities in Allegany
S. 6606--A 324 A. 9706--A
County and Steuben County, the Broadway Redevelopment Project, and the
Sematech Semiconductor facility, and, that the aggregate amount of bonds
which may be issued pursuant to this clause (3) shall be increased above
the amounts in the following schedule for the purposes of providing for
the costs of issuance including any debt service reserve requirements
that may be necessary in accordance with the following schedule:
Schedule
Project Amount
The Carborundum Company
Niagara Falls............................ 4,400,000
Hooker Chemicals & Plastics Corporation
Niagara Falls............................ 13,500,000
Moog, Inc.
Town of Elma............................. 8,925,000
Sybron Corporation
Rochester................................ 6,600,000
Refined Syrups & Sugars, Inc.
Yonkers.................................. 7,500,000
Sheraton Hotel
Utica.................................... 4,300,000
Urban Renewal Parcel
Office Building
Utica.................................... 5,000,000
Downtown Retail Center
Binghamton............................... 3,000,000
American Stock Exchange/Office Facility
New York City............................ -0
New Printing Plant
New York City (Bronx).................... 16,000,000
New Electronics Manufacturing Plant
New York City (Bronx).................... 8,000,000
Savin Corporation
Binghamton............................... 6,000,000
Industrial Renewal Project
New York City (Brooklyn)................. 2,700,000
Manufacturing Plant Expansion
New York City (Bronx).................... 15,000,000
Shopping Mall
City of Buffalo.......................... 2,100,000
Nettleton Shoe
Syracuse................................. 2,200,000
Batten Kill Railroad Project
Warren/Washington Counties............... 2,250,000
Carrier Corporation
Onondaga County.......................... 27,000,000
Center for Industrial Innovation
City of Troy............................. 33,000,000
Fordham Plaza
New York City (Bronx).................... 10,000,000
Freezer Queen Foods, Inc.
Buffalo.................................. 2,380,000
Chelsea Homes Project
Marlboro (Ulster County)................. 2,700,000
Columbia University
Center for Computers, Microelectronics
S. 6606--A 325 A. 9706--A
and Telecommunications
City of New York......................... 36,000,000
Syracuse University
Center for Science and Technology
City of Syracuse......................... 27,000,000
Cornell University
Cornell Super Computer Center
City of Ithaca........................... 5,000,000
Onondaga County Convention
Center Complex at Syracuse............... 40,000,000
Clarkson University
Center for Advance
Materials Processing..................... 23,500,000
University of Rochester
Center for Elector-Optic Imaging......... 10,000,000
New York University
Center for Neural Science................ 5,000,000
Alfred University Incubator Facilities in
Allegany County and Steuben County....... 10,000,000
Broadway Redevelopment Project
at Schenectady........................... 5,500,000
Albany International
East Greenbush (Rensselaer County)....... 2,500,000
Sematech Semi-Conductor Facility
New York State........................... 40,000,000
Stony Brook Incubator
Project.................................. 2,305,000
-----------
Total of Schedule...................... $389,360,000
============
The amounts in the above schedule are interchangeable among the
projects listed but in no case may be used to fund or initiate any other
project. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ON AND AFTER
APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS
SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE
STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT
SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 100. Paragraph 6 of subdivision (h) of section 22 of chapter 839 of
the laws of 1987, constituting the omnibus economic development act of
1987, is amended to read as follows:
(6) The aggregate amount of moneys loaned by the corporation to the
county in connection with the development of the complex shall not
exceed forty million dollars ($40,000,000). NOTWITHSTANDING THE
PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 101. Subdivision (a) of section 12-b of chapter 258 of the laws of
1993, relating to the development of sports facilities, as amended by
section 3 of part M of chapter 61 of the laws of 2000, is amended to
read as follows:
S. 6606--A 326 A. 9706--A
(a) Sports facilities bonds. Notwithstanding the provisions of
section 18 of the New York state urban development corporation act and
section 51 of the state finance law, the New York state urban develop-
ment corporation is hereby authorized to issue bonds or notes in one or
more series in an aggregate principal amount not exceeding $144,936,000,
excluding bonds issued to fund a debt service reserve fund, to pay the
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 making grants or loans to provide assistance for the construction and
improvement of sports facilities (1) appropriated in chapter 54 of the
laws of 1994, chapter 55 of the laws of 1996 as added by chapter 53 of
the laws of 1996 or a chapter of the laws of 2000, (2) reappropriated in
chapter 54 of the laws of 1995 and all subsequent reappropriations, and
(3) authorized by this chapter, and to reimburse the state capital
projects fund for disbursements made therefor, in accordance with the
following project list:
Greater Rochester Outdoor Sports Facility
at High Falls 15,250,000
Syracuse McArthur Stadium 16,000,000
Buffalo Sabres 25,000,000
Auburn 1,715,450
Batavia 1,400,000
Dutchess Co. 2,500,000
Elmira 200,000
Jamestown 217,500
Oneonta 150,000
Utica 400,000
Watertown 500,000
Broome Co. Hockey Arena 488,150
Cooperstown - Baseball Hall of Fame Stadium 125,000
Newburgh Football Field 2,000,000
Rochester War Memorial 12,590,000
Schenectady Tennis Center 500,000
Soccer Hall of Fame (Oneonta) 4,500,000
Nassau County Natatorium 24,000,000
Rich Stadium 8,000,000
Suffolk County Baseball Stadium 14,400,000
Rochester Rhino's Stadium 15,000,000
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 the
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. NOTWITHSTANDING THE PROVISIONS OF
THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT
OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 102. Paragraph (b) of subdivision 5 of section 1680-g of the public
authorities law, as amended by section 44 of part H of chapter 56 of the
laws of 2000, is amended to read as follows:
(b) The dormitory authority shall not issue any bonds or notes in an
amount in excess of thirty million dollars for the purposes of this
section; excluding bonds or notes issued to fund one or more debt
S. 6606--A 327 A. 9706--A
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 previ-
ously 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. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE
WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
S 103. Paragraph (b) of subdivision 3 of section 1689-e of the public
authorities law, as added by section 2 of part Q of chapter 61 of the
laws of 2000, is amended to read as follows:
(b) The authority shall not issue any bonds or notes in an amount in
excess of ten million dollars for the purposes of this subdivision,
excluding a principal amount of bonds or notes issued to fund one or
more debt service reserve funds, to pay for the costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay such
bonds, and bonds or notes previously issued. Except for the 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 or
notes.
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 subdivision, there shall be excluded the amount
of such indebtedness represented by such bonds or notes issued to refund
or otherwise repay bonds or notes, provided that the amount so excluded
under this paragraph may exceed the principal amount of such bonds or
notes that were issued to refund or otherwise repay only if the present
value of the aggregate debt service on the refunding or repayment bonds
or notes shall not have at the time of their issuance exceeded the pres-
ent value of the aggregate debt service of the bonds or notes they were
issued to refund or repay, such present value in each case being calcu-
lated by using the effective interest rate of the refunding or repayment
bonds or notes, 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
or notes from the payment date thereof to the date of issue of the
refunding or repayment bonds or notes and to the price bid therefor, or
to the proceeds received by the dormitory authority from the sale there-
of, in each case including estimated accrued interest. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 104. Subdivision (a) of section 1 of part H of chapter 61 of the
laws of 2000, authorizing bonds for the strategic investment program, is
amended to read as follows:
(a) Notwithstanding any provisions of law to the contrary, the New
York state urban development corporation, the dormitory authority of the
state of New York or the environmental facilities corporation are hereby
authorized to issue bonds or notes in one or more series in an aggregate
principal amount not to exceed $225,000,000 excluding bonds issued to
S. 6606--A 328 A. 9706--A
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 making grants,
loans or combinations thereof for $250,000 or more for environmental
projects, including the preservation of historically significant places
in New York state, and projects to conserve, acquire, develop or improve
parklands, parks or public recreation areas; including economic develop-
ment projects which will facilitate the creation or retention of jobs or
increase business activity within a municipality or region of the state;
including higher education projects; projects to establish new or reha-
bilitate existing business incubator facilities to accommodate emerging
or small high technology companies; and arts or cultural projects; and
to reimburse the state capital projects fund for disbursements made
therefor. Such bonds and notes of the New York state urban development
corporation, the dormitory authority of the state of New York or the
environmental facilities 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 New York
state urban development corporation, the dormitory authority of the
state of New York or the environmental facilities corporation 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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 105. Subdivision (a) of section 1 of part T of chapter 84 of the
laws of 2002, authorizing the New York state urban development corpo-
ration and the dormitory authority of the state of New York to issue
bonds and notes, is amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
state urban development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount, subject to the limita-
tions contained in section eight of this act, not to exceed
$1,200,000,000 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, for the purposes of financing project costs authorized under
this act. Such bonds and notes of the corporation or the dormitory
authority 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 or the authority 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. All of the provisions of the New York state urban
S. 6606--A 329 A. 9706--A
development corporation act and the dormitory authority act relating to
bonds and notes which are not inconsistent with the provisions of this
section shall apply to obligations authorized by this section, including
but not limited to the power to establish adequate reserves therefore
and to issue renewal notes or refunding bonds thereof. The issuance of
any bonds or notes hereunder shall further be subject to the approval of
the director of the division of the budget. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 106. Subdivision (a) of section 27 of chapter 3 of the laws of 2004,
authorizing the New York state urban development corporation and the
dormitory authority of the state of New York to issue bonds and notes,
is amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
$350,000,000 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 economic development projects
outside cities with a population of one million or more. Such bonds and
notes of the corporation or the dormitory authority 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 or the dormitory authority 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. All
of the provisions of the New York state urban development corporation
act and the dormitory authority act relating to bonds and notes which
are not inconsistent with the provisions of this section shall apply to
obligations authorized by this section, including but not limited to the
power to establish adequate reserves therefor and to issue renewal notes
or refunding bonds thereof. The issuance of any bonds or notes hereunder
shall further be subject to the approval of the director of the division
of the budget. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED
DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED
THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 107. Subdivision (a) of section 1 of part X of chapter 59 of the
laws of 2004, authorizing the New York state urban development corpo-
ration and the dormitory authority of the state of New York to issue
bonds and notes, is amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
S. 6606--A 330 A. 9706--A
State urban development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
$250,000,000 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 projects cost of the Empire Oppor-
tunity Fund; Rebuilding the Empire State Through Opportunities in
Regional Economies (RESTORE) New York Program; and the Community Capital
Assistance Program authorized pursuant to Part T of chapter 84 of the
laws of 2002. Such bonds and notes of the corporation or the dormitory
authority 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 or the dormitory
authority 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. All of the provisions of the New York
state urban development corporation act and the dormitory authority act
relating to bonds and notes which are not inconsistent with the
provisions of this section shall apply to obligations authorized by this
section, including but not limited to the power to establish adequate
reserves therefor and to issue renewal notes or refunding bonds thereof.
The issuance of any bonds or notes hereunder shall further be subject to
the approval of the director of the division of the budget. NOTWITH-
STANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,
TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 108. Subdivision (a) of section 1 of part T of chapter 59 of the
laws of 2005, relating to the urban development corporation bonding
authority, as added by section 3 of part C of chapter 63 of the laws of
2005, is amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary the urban develop-
ment corporation or the dormitory authority is hereby authorized to
issue bonds or notes in one or more series in an aggregate principal
amount not to exceed $250,000,000 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 reimbursing the state
capital projects fund disbursements made pursuant to appropriations for
the New York state high technology and development program, pursuant to
a memorandum of understanding to be executed by the governor, the tempo-
rary president of the senate, and the speaker of the assembly, and
further provided that the proceeds of such bonds or notes are authorized
to be utilized to finance grants, loans or combinations thereof pursuant
to the New York state high technology and development program, as appro-
priated by a chapter of the laws of 2005. Eligible project costs may
include, but not be limited to the cost of design, financing, site
acquisition and preparation, demolition, construction, rehabilitation,
acquisition of machinery and equipment, parking facilities, and infras-
S. 6606--A 331 A. 9706--A
tructure. 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 (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. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 109. Subdivision (a) of section 1 of part S of chapter 59 of the
laws of 2005, relating to the authority of the urban development corpo-
ration and the dormitory authority to issue bonds, as amended by section
1 of part C of chapter 63 of the laws of 2005, is amended to read as
follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation or the dormitory authority is hereby authorized to
issue bonds or notes in one or more series in an aggregate principal
amount not to exceed $90,000,000 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 reimbursing the state
capital projects fund disbursements made pursuant to appropriations for
the regional economic development program pursuant to a memorandum of
understanding to be executed by the governor, the temporary president of
the senate, and the speaker of the assembly. The proceeds of such bonds
or notes are authorized to be utilized to finance grants, loans or
combinations thereof pursuant to the regional economic development
program, as appropriated by a chapter of the laws of 2005. Eligible
project costs may include, but not be limited to the cost of design,
financing, site investigations, site acquisition and preparation, demo-
lition, 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 (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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S. 6606--A 332 A. 9706--A
S 110. Subdivision (a) of section 1 of part L-1 of chapter 62 of the
laws of 2003, authorizing the urban development corporation to issue
bonds, 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 New York state urban
development corporation act, the urban development corporation is hereby
authorized to issue bonds or notes in one or more series in an aggregate
principal amount not to exceed $50,000,000, 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, for the purpose of making grants,
loans or combinations thereof for economic development projects which
will facilitate the creation or retention of jobs or increase business
activity within downtown Buffalo, the Buffalo inner harbor area or
surrounding environs; and to reimburse the state capital projects fund
for disbursements made therefor. Notwithstanding any other provision of
law to the contrary, such project shall be determined pursuant to a
memorandum of understanding to be executed by the governor, the tempo-
rary president of the senate and the speaker of the assembly. Eligible
project(s) shall include, but not be limited to Hauptman-Woodward
Medical Research Institute; Buffalo Medical Campus; University of
Buffalo - Center of Excellence in Bioinformatics; Roswell Park Cancer
Institute Corporation; and other projects relating to historic preserva-
tion, Cultural facilities; and transportation projects. Eligible
project costs may include, but not be limited to the costs of design,
financing, site acquisition and preparation, working capital, demoli-
tion, construction, rehabilitation, acquisition of machinery and equip-
ment, parking facilities, and infrastructure. 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 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.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL
FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH
TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET
FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 111. Subdivision (a) of section 55 of part K of chapter 81 of the
laws of 2002 relating to the financing of certain buildings located in
the city of Albany, is amended to read as follows:
(a) Notwithstanding the provisions of section 18 of the New York state
urban development corporation act, the urban development corporation is
hereby authorized to issue bonds or notes in one or more series for the
purpose of funding project costs or making grants, loans or combinations
thereof for the JOBS Now program, pursuant to appropriations contained
in a chapter or chapters of the laws of 2002 and section 16-h of the
urban development corporation act, or to reimburse the state capital
projects fund for disbursements made therefor. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed fourteen million three hundred thousand dollars, excluding
bonds issued to fund one or more debt service reserve funds, to pay
S. 6606--A 333 A. 9706--A
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 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. 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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 112. Subdivision (a) of section 1 of part X of chapter 58 of the
laws of 2006, authorizing the New York state urban development corpo-
ration and the dormitory authority of the state of New York to issue
bonds or notes, as amended by section 1 of part J-1 of chapter 109 of
the laws of 2006, is amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the New York
State Urban Development Corporation or the Dormitory Authority are here-
by authorized to issue bonds or notes in one or more series in an aggre-
gate principal amount not to exceed $2,318,000,000 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 other-
wise repay such bonds or notes previously issued, for the purpose of
making grants, loans or combination thereof for economic development
projects; university development projects; homeland security projects;
environmental projects; public recreation projects; initiatives that
promote academic research and development; projects that improve arts
and cultural facilities; initiatives, including but not limited to, the
development of photovoltaic technologies and other research and develop-
ment regarding fuel diversification, energy conservation and energy
efficiency in the transportation and energy sector; for a competitive
solicitation for construction of a pilot cellulosic ethanol refinery;
Ohel Camp for the Disabled; United Way 2-1-1; Cornell University Equine
Drug Testing Lab; Pipeline for Jobs; Towns of Bristol and Canandaigua
Public Water System; Smithtown/Kings Park Psychiatric Center Rehabili-
tation; Belleayre Mountain Ski Center; State of New York Umbilical Cord
Blood Bank; Old Gore Mountain Ski Bowl Connection; Brentwood State Park
Athletic Complex; Adirondack Community Housing Trust; Ogdensburg Psychi-
atric Center; Fredonia Vineyard Laboratory; Renovation of Housing Facil-
ities; or to reimburse state capital projects funds for disbursements
made for such purposes pursuant to an appropriation contained in a chap-
ter of the laws of 2006. Eligible project costs may include, but not be
limited to the cost of design, site acquisition and preparation, demoli-
tion, construction, rehabilitation, acquisition of machinery and equip-
ment, parking facilities, and infrastructure. 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
S. 6606--A 334 A. 9706--A
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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 113. Subdivision 11 of section 5-a of chapter 35 of the laws of
1979, relating to appropriating funds to the New York state urban devel-
opment corporation, as added by chapter 3 of the laws of 2004, is
amended to read as follows:
(11) Financing agreements. The development corporation and the state,
acting through the director of the budget, are hereby authorized to
enter into one or more financing agreements with respect to bonds (other
than hotel bonds) on the terms and conditions as the director of budget
and the development corporation agree, so as to annually provide to the
development corporation, in the aggregate, a sum not to exceed the annu-
al debt service payments and related expenses (including without limita-
tion financing costs and costs and expenses under ancillary bond facili-
ties and development corporation credit support agreements) required for
the bonds secured by a financing agreement and subject to the limita-
tions of this section. Copies of any such agreements, including any
amendments thereto shall be submitted to the state comptroller and the
chairs of the assembly committee on ways and means and the senate
finance committee. The obligation of the state to fund or to pay the
amounts provided for in any financing agreement, as in this section
provided and as shall be provided in the financing agreement, 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; no liability shall be incurred by the state beyond
the moneys available for such purpose; and such obligation is subject to
annual appropriation by the legislature. The amounts paid to the devel-
opment corporation pursuant to any such financing agreement shall be
used by it solely to pay or provide for debt service payments and
related expenses as more particularly set forth in the applicable
financing agreement (including rebate to the federal government of
certain earnings, if so required). The bonds for which each financing
agreement is applicable (a) shall be issued with a final maturity of no
more than thirty years, and (b) may be issued in one or more series in
an aggregate principal amount not to exceed the sum of $350,000,000,
excluding the amount determined by resolution of the development corpo-
ration to be required for refunding the outstanding Jacob K. Javits
convention center bonds referred to in subdivision one of this section,
and, excluding bonds issued to fund one or more debt service reserve
funds and to pay costs of issuance of such bonds, and (c) shall be
subject to the provisions of article 5-B of the state finance law. It is
hereby determined and found that the development corporation, as a
subsidiary of the urban development corporation, is an authorized issuer
pursuant to article 5-C of the state finance law and that the bonds
secured by a financing agreement, upon issuance in accordance with and
subject to the provisions of this section, may be issued pursuant to
such article. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON
S. 6606--A 335 A. 9706--A
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED
DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED
THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 114. Subdivision (a) of section 44 of chapter 161 of the laws of
2005, authorizing the urban development corporation to issue bonds, is
amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
$74,700,000 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 grants, loans or combinations ther-
eof for the infrastructure required to enable the construction of a new
stadium in Queens. Eligible project costs may include, but not be limit-
ed to the cost of site acquisition, infrastructure, public amenities,
environmental remediation if required by unusual site conditions, park-
ing, transit improvements, extraordinary pilings costs, or any other
item not directly associated with the hard or soft costs of construction
(or work directly related to the construction) of the new stadium. No
monies shall be used for construction of the new stadium structure,
provided, however, an amount no greater than $4,700,000 shall be avail-
able as a capital reserve for the construction of such stadium. 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. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 115. Subdivision (a) of section 45 of chapter 161 of the laws of
2005, authorizing the urban development corporation to issue bonds, is
amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
$74,700,000 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 grants, loans or combinations ther-
eof for the infrastructure required to construct a new parking facility
at a new stadium in the Bronx. Eligible project costs may include, but
not be limited to the cost of site acquisition, infrastructure, design,
S. 6606--A 336 A. 9706--A
and construction of a new parking garage. Provided, however, an amount
no greater than $4,700,000 shall be available as a capital reserve for
the construction of such stadium. Such bonds and notes of such author-
ized 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. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 116. Subdivision (a) of section 43 of chapter 161 of the laws of
2005, authorizing the urban development corporation to issue bonds, is
amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
state urban development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
$75,000,000 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 economic development projects
outside cities with a population of one million or more. Such bonds and
notes of the corporation or the dormitory authority 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 or the dormitory authority 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. All
of the provisions of the New York state urban development corporation
act and the dormitory authority act relating to bonds and notes which
are not inconsistent with the provisions of this section shall apply to
obligations authorized by this section, including but not limited to the
power to establish adequate reserves [therefore] THEREFOR and to issue
renewal notes or refunding bonds thereof. The issuance of any bonds or
notes hereunder shall further be subject to the approval of the director
of the division of the budget. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 117. Section 42 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
S. 6606--A 337 A. 9706--A
added by section 54 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
S 42. New York state modernization projects. 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 Roosevelt
Island operating corporation related to the modernization of the aerial
tramway, critical maintenance and improvement projects on Governor's
Island, redevelopment initiatives at the Harriman research and technolo-
gy park and USA Niagara 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 fifty million four
hundred fifty thousand dollars, 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 pursu-
ant to a service contract and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds. NOTWITH-
STANDING THE PROVISIONS OF THIS SECTION, ON AND AFTER APRIL FIRST, TWO
THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 118. Section 41 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by chapter 259 of the laws of 2007, is amended to read as follows:
S 41. International computer chip research and development center. 1.
Notwithstanding the provisions of any other law to the contrary, the
urban development corporation is hereby authorized to issue bonds or
notes in one or more series for the purpose of funding project costs at
the College of Nanoscale Science and Engineering of the University at
Albany - State University of New York for the development and/or expan-
sion of an international computer chip research and development center,
including but not limited to the construction and renovation, purchase
and installation of equipment or other state costs associated with the
project at the College of Nanoscale Science and Engineering of the
University at Albany - State University of New York. The aggregate
principal amount of bonds authorized to be issued pursuant to this
section shall not exceed three hundred million dollars, 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
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 principal, inter-
est, 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. 6606--A 338 A. 9706--A
service on such bonds. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE
WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
S 119. Subdivision 1 of section 43 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 48 of part PP of chapter 56 of the
laws of 2009, 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 various economic development and regional initiatives,
the upstate regional blueprint fund, the downstate revitalization fund,
the upstate agricultural economic fund, the New York state capital
assistance program, the New York state economic development assistance
program and other state costs associated with such projects. The aggre-
gate principal amount of bonds authorized to be issued pursuant to this
section shall not exceed one billion three hundred ten million dollars,
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. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 120. Subdivision (a) of section 49-a of part PP of chapter 56 of the
laws of 2009, authorizing the New York state urban development corpo-
ration and the dormitory authority of the state of New York to issue
bonds and notes, is amended to read as follows:
(a) The New York state urban development corporation and the dormitory
authority of the state of New York are hereby authorized to issue bonds
or notes in one or more series in an aggregate principal amount not to
exceed $83,500,000 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 previ-
ously issued, for the purpose of financing project costs of the H. H.
Richardson Complex and Darwin Martin House pursuant to an appropriation
contained in a chapter of the laws of 2006. Such bonds and notes of the
corporation or the dormitory authority 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 corpo-
ration or the dormitory authority for debt service and related expenses
S. 6606--A 339 A. 9706--A
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. All of the provisions
of the New York state urban development corporation act and the dormito-
ry authority act relating to bonds and notes which are not inconsistent
with the provisions of this section shall apply to obligations author-
ized by this section, including but not limited to the power to estab-
lish adequate reserves therefor and to issue renewal notes or refunding
bonds thereof. The issuance of any bonds or notes hereunder shall
further be subject to the approval of the director of the division of
the budget. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 121. Paragraph a of subdivision 2 of section 1680 of the public
authorities law, as amended by section 25 of part II of chapter 59 of
the laws of 2004, is amended to read as follows:
a. The dormitory authority is hereby authorized and empowered upon
application of the educational institution concerned to acquire, design,
construct, reconstruct, rehabilitate and improve, or otherwise provide
and furnish and equip dormitories and attendant facilities for any
educational institution, provided that any contract undertaken or
financed by the dormitory authority for any construction, recon-
struction, rehabilitation or improvement of any building or structure
commenced after September first, nineteen hundred seventy-four for the
Gananda school district or the Gananda educational facilities corpo-
ration, or any agency, board or commission therein, or any official
thereof, shall comply with the provisions of section one hundred one of
the general municipal law and the specifications for such contract may
provide for assignment of responsibility for coordination of any of the
contracts for such work to a single responsible and qualified person,
firm or corporation; provided, however, that all contracts for
construction of buildings on behalf of Queens Hospital Center shall be
in conformity with the provisions of section one hundred one of the
general municipal law; provided that any contracts for the construction,
reconstruction, rehabilitation or improvement of any public work project
undertaken by the dormitory authority of any facility for the aged for
any political subdivision of the state or any district therein or agen-
cy, department, board or commission thereof, or any official thereof,
shall comply with the provisions of section one hundred thirty-five of
the state finance law; and provided further that any contract undertaken
or financed by the dormitory authority for any construction, recon-
struction, rehabilitation or improvement of any building commenced after
January first, nineteen hundred eighty-nine for the department of health
shall comply with the provisions of section one hundred thirty-five of
the state finance law.
Each educational institution defined in subdivision one of this
section, except the department of health of the state of New York,
shall, when authorized by an appropriate resolution adopted by its
governing board or, when permitted, adopted by an appropriate committee
of such governing board, have power: (i) to convey or cause to be
S. 6606--A 340 A. 9706--A
conveyed to the authority real property or rights in real property
required in connection with the construction and financing of a dormito-
ry by the authority for such educational institution; or (ii) to enter
into agreements or leases or both with the dormitory authority pursuant
to subdivision sixteen of section sixteen hundred seventy-eight of this
title and to paragraph e of this subdivision, or both, or, in the case
of the department of health of the state of New York, providing that
legislation or appropriations which specifies the facilities to be
acquired, constructed, reconstructed, rehabilitated or improved for the
department of health of the state of New York and the total estimated
costs for each such facility, not to exceed four hundred ninety-five
million dollars in the aggregate, shall have been approved by the legis-
lature, the commissioner of health shall have power: (i) to convey or
cause to be conveyed to the authority real property or rights in real
property required in connection with the construction and financing of a
dormitory by the authority for such educational institution; or (ii) to
enter into agreements or leases or both with the dormitory authority
pursuant to subdivision sixteen of section sixteen hundred seventy-eight
of this title and to paragraph e of this subdivision or both. The educa-
tional institution for which such dormitory and attendant facility is
intended to be provided shall approve the plans and specifications and
location of such dormitory and attendant facility. The dormitory author-
ity shall have the same power and authority in respect to such dormito-
ries and attendant facilities provided pursuant to this subdivision that
it has relative to other dormitories. NOTWITHSTANDING THE PROVISIONS OF
THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT
OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 122. 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 49-c of part
PP of chapter 56 of the laws of 2009, 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
S. 6606--A 341 A. 9706--A
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 seven billion three hundred sixty-six million six hundred
thousand dollars, excluding mental health services facilities improve-
ment bonds and mental health services facilities improvement notes
issued to refund outstanding mental health services facilities improve-
ment 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 mental health facilities improvement notes may be greater than
seven billion three hundred sixty-six million six hundred thousand
dollars 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 of mental retardation and developmental disabili-
ties, and the office of alcoholism and substance abuse services, in
consultation with their respective commissioners to finance bondable
appropriations previously approved by the legislature. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW,
S. 6606--A 342 A. 9706--A
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 123. The opening paragraph of section 1680-j of the public authori-
ties law, as amended by section 54 of part B of chapter 58 of the laws
of 2005, is amended to read as follows:
Notwithstanding any other provision of law to the contrary, the dormi-
tory authority of the state of New York is hereby authorized to issue
bonds or notes in one or more series in an aggregate principal amount
not to exceed seven hundred fifty million dollars 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 purposes of financing
project costs authorized under section twenty-eight hundred eighteen of
the public health law. Of such seven hundred fifty million dollars, ten
million dollars shall be made available to the community health centers
capital program established pursuant to section twenty-eight hundred
seventeen of the public health law. NOTWITHSTANDING THE PROVISIONS OF
THIS SECTION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 124. Subdivision (a) of section 66 of chapter 432 of the laws of
1997, amending the state finance law and other laws relating to the
transportation, economic development and environmental conservation
budget, is amended to read as follows:
(a) Notwithstanding the provisions of any general or special law to
the contrary, the dormitory authority is hereby authorized to issue
bonds or notes in an aggregate principal amount not to exceed forty
million dollars for the financing of construction, reconstruction,
improvement, reconditioning, and preservation of airport or aviation
capital projects at Albany county airport and associated roadwork;
provided, however, that in addition to such bonds, the authority may
issue an aggregate principal amount of bonds sufficient to fund any
reserve funds established in connection therewith, to provide capital-
ized interest on the bonds or notes, to pay the costs incurred by the
authority in connection with the issuance and servicing of any such
bonds, and to refund, advance refund or otherwise repay any bonds or
notes issued pursuant to this section. NOTWITHSTANDING THE PROVISIONS
OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE
AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION
ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE
ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN
ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE
FINANCE LAW PROVIDING THEREFOR.
S 125. 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 49 of part PP of chapter 56 of the laws of 2009, 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
(a) of this section, shall provide for state commitments to provide
S. 6606--A 343 A. 9706--A
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 such projects having a
cost not in excess of $5,860,800,000 cumulatively by the end of fiscal
year 2009-10. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED
DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED
THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
S 126. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 1 of part G of chapter 60 of the
laws of 2005, 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
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 $16.5 billion, 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 nine-
teen hundred ninety-six, there shall be excluded the amount of bonds or
notes issued that would constitute interest under the United States
Internal Revenue Code of 1986, as amended, and the amount of indebt-
edness issued to refund or otherwise repay bonds or notes. NOTWITH-
STANDING THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO
S. 6606--A 344 A. 9706--A
THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
S 127. Paragraph (a) of subdivision 8 of section 3236 of the public
authorities law, as amended by chapter 2 of the laws of 1991, is amended
to read as follows:
(a) The corporation shall not issue any bonds or notes in an amount in
excess of four billion seven hundred million dollars, plus a principal
amount of bonds or notes:
(i) to fund any capital reserve fund in accordance with the capital
reserve fund requirement,
(ii) to provide capitalized interest for a period not to exceed six
months, and
(iii) to provide for the payment of fees and other charges and
expenses, including underwriters' discount, related to the issuance of
such bonds or notes, or related to the provision of any applicable bond
or note facilities. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE
WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
S 128. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 47 of part PP of chapter 56
of the laws of 2009, 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 two billion four hundred twen-
ty-eight million one hundred forty-one thousand dollars, plus a princi-
pal 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, includ-
ing underwriters' discount, trustee and rating agency fees, bond insur-
ance, credit enhancement and liquidity enhancement related to the issu-
ance 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 result-
ing directly or indirectly from a failure of the state to appropriate or
pay the agreed amount under any of the contracts provided for in subdi-
vision four of this section. NOTWITHSTANDING THE PROVISIONS OF THIS
PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
S. 6606--A 345 A. 9706--A
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
S 129. Subdivision (a) of section 2 of part R-1 of chapter 109 of the
laws of 2006 relating to dormitory authority bonds, is amended to read
as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, the
New York state thruway authority is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed $22,000,000 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 previ-
ously issued, for the purpose of financing capital costs related to high
speed rail projects for the department of transportation, including the
reimbursement of any disbursements made from the state capital projects
fund. Such bonds and notes of the authority 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 of
the authority 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. 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. NOTWITHSTANDING THE PROVISIONS
OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE
AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION
ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE
ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN
ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE
FINANCE LAW PROVIDING THEREFOR.
S 130. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010, provided,
however, that:
(a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 2008;
(b) sections one, two, three, four, five, six, seven, eight, nine,
ten, eleven, twelve, eighteen, and nineteen through twenty-nine of this
act shall expire March 31, 2011, when, upon such date, the provisions of
such sections shall be deemed repealed;
(c) the amendments to subdivision 5 of section 97-rrr of the state
finance law made by section fifteen of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith;
(d) the amendments to paragraph (a) of subdivision 5 of section 236-a
of the education law, made by section fifty-eight of this act, shall not
affect the repeal of such section and shall be deemed repealed there-
with; and
(e) sections thirty-seven and fifty-eight-a of this act shall be
deemed to have been in full force and effect on and after March 31,
2010.
PART KK
Section 1. Sections 1 and 2 of part H of chapter 503 of the laws of
2009 relating to the disposition of monies recovered by county district
S. 6606--A 346 A. 9706--A
attorneys before the filing of an accusatory instrument, are amended to
read as follows:
Section 1. When a county district attorney of a county located in a
city of one million or more recovers monies before the filing of an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal procedure law, after injured parties have been appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as a result of investigations undertaken by [the district attorney's]
SUCH office. The total amount of such monies to be retained by the coun-
ty district attorney's office shall equal ten percent of the first twen-
ty-five million dollars received by such office during the state fiscal
year, plus seven and one-half percent of such monies received by such
office in excess of twenty-five million dollars but less than fifty
million dollars, plus five percent of any such monies received by such
office in excess of fifty million dollars but less than one hundred
million dollars, plus one percent of such monies received by such office
in excess of one hundred million dollars. The remainder of such monies
shall be paid by the district attorney's office to the state and to the
county in equal amounts within thirty days of receipt, where disposition
of such monies is not otherwise prescribed by law. MONIES DISTRIBUTED
TO A COUNTY DISTRICT ATTORNEY'S OFFICE PURSUANT TO THIS SECTION SHALL BE
USED TO ENHANCE LAW ENFORCEMENT EFFORTS AND SHALL NOT SUPPLANT FUNDS FOR
ORDINARY BUDGETARY COSTS INCLUDING SALARIES OF PERSONNEL AND EXPENSES OF
DISTRICT ATTORNEYS.
S 2. This act shall take effect immediately and shall remain in full
force and effect until the last day of March, [2010] 2011, when it shall
expire and be deemed repealed.
S 2. This act shall take effect immediately; provided, however, that
the amendments made to section 1 of chapter 503 of the laws of 2009 made
by section one of this act shall not affect the repeal of such section
and shall be deemed to be repealed therewith.
S 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.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through KK of this act shall be
as specifically set forth in the last section of such Parts.