[ ] is old law to be omitted.
LBD12570-02-5
S. 2005--A 2 A. 3005--A
ment of correctional services and division of parole into the depart-
ment of corrections and community supervision, in relation to the
effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
ing the tax law and other laws relating to taxes, surcharges, fees and
funding, in relation to extending the expiration of certain provisions
of such chapter; to amend chapter 907 of the laws of 1984, amending
the correction law, the New York city criminal court act and the exec-
utive law relating to prison and jail housing and alternatives to
detention and incarceration programs, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 166
of the laws of 1991, amending the tax law and other laws relating to
taxes, in relation to extending the expiration of certain provisions
of such chapter; to amend the vehicle and traffic law, in relation to
extending the expiration of the mandatory surcharge and victim assist-
ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
in relation to extending the expiration thereof; to amend chapter 435
of the laws of 1997, amending the military law and other laws relating
to various provisions, in relation to extending the expiration date of
the merit provisions of the correction law and the penal law of such
chapter; to amend chapter 412 of the laws of 1999, amending the civil
practice law and rules and the court of claims act relating to prison-
er litigation reform, in relation to extending the expiration of the
inmate filing fee provisions of the civil practice law and rules and
general filing fee provision and inmate property claims exhaustion
requirement of the court of claims act of such chapter; to amend chap-
ter 222 of the laws of 1994 constituting the family protection and
domestic violence intervention act of 1994, in relation to extending
the expiration of certain provisions of the criminal procedure law
requiring the arrest of certain persons engaged in family violence; to
amend chapter 505 of the laws of 1985, amending the criminal procedure
law relating to the use of closed-circuit television and other protec-
tive measures for certain child witnesses, in relation to extending
the expiration of the provisions thereof; to amend chapter 3 of the
laws of 1995, enacting the sentencing reform act of 1995, in relation
to extending the expiration of certain provisions of such chapter; to
amend chapter 689 of the laws of 1993 amending the criminal procedure
law relating to electronic court appearance in certain counties, in
relation to extending the expiration thereof; to amend chapter 688 of
the laws of 2003, amending the executive law relating to enacting the
interstate compact for adult offender supervision, in relation to the
effectiveness thereof; to amend part H of chapter 56 of the laws of
2009, amending the correction law relating to limiting the closing of
certain correctional facilities, providing for the custody by the
department of correctional services of inmates serving definite
sentences, providing for custody of federal prisoners and requiring
the closing of certain correctional facilities, in relation to the
effectiveness of such chapter; to amend part C of chapter 152 of the
laws of 2001, amending the military law relating to military funds of
the organized militia, in relation to the effectiveness thereof; to
amend chapter 554 of the laws of 1986 amending the correction law and
the penal law relating to providing for community treatment facilities
and establishing the crime of absconding from the community treatment
facility, in relation to the effectiveness thereof; and to amend chap-
ter 503 of the laws of 2009, relating to the disposition of monies
recovered by county district attorneys before the filing of an accusa-
S. 2005--A 3 A. 3005--A
tory instrument, in relation to the effectiveness thereof (Part B);
relating to transferring certain employees of the division of state
police to the office of general services (Part C); to amend the work-
ers' compensation law, in relation to eliminating certain arbitration
and license fees; and to repeal paragraph (c) of subdivision 1 and
subparagraph (iii) of paragraph (b) of subdivision 3 of section 13-c
of the workers' compensation law relating to payment of license fees
(Part D); to amend the election law, in relation to campaign finance
reform; to amend the election law, in relation to campaign contrib-
ution limits and penalties for violations; to amend the election law,
in relation to campaign receipts and expenditures; to amend the
election law, in relation to contribution and receipt limitations; to
amend the election law, in relation to public financing; to amend the
state finance law, in relation to the New York state campaign finance
fund; and to amend the tax law, in relation to the New York state
campaign finance fund check-off (Part E); to amend the election law,
in relation to eliminating certain publishing requirements by state
and local boards of election; and to repeal certain provisions of such
law relating thereto (Part F); to amend the civil service law, in
relation to supporting the previous consolidation of information tech-
nology services within the state office of information technology
services (ITS) and permit term appointments for eligible, high-demand
ITS positions without examination (Part G); to amend the civil service
law and the correction law, in relation to salaries (Part H); estab-
lishing a commission on executive and legislative compensation, and
providing for the powers and duties of the commission and for the
dissolution of the commission (Part I); to amend the civil service
law, in relation to auditing enrollee information in the New York
State Health Insurance Program (Part J); to amend the state finance
law, in relation to increasing the allowable balance in the rainy day
reserve fund, and in relation to updating consulting services report-
ing; to amend the retirement and social security law, in relation to
requiring pension system reporting; and to repeal certain provisions
of the state finance law relating thereto (Part K); to amend the state
finance law, in relation to a program of aid to municipalities in
which a video lottery terminal facility is located (Part L); to amend
chapter 674 of the laws of 1993, amending the public buildings law
relating to value limitations on contracts, in relation to extending
the effectiveness thereof; and to amend the public buildings law, in
relation to increasing the value limitation to one million dollars on
emergency contracts (Part M); to amend the public buildings law, in
relation to increasing the threshold of small capital projects deleg-
ated by OGS to one hundred fifty thousand dollars (Part N); to amend
the state finance law, in relation to the creation of a new dedicated
infrastructure investment fund (Part O); to provide for the adminis-
tration of certain funds and accounts related to the 2014-15 budget,
authorizing certain payments and transfers; to amend the state finance
law, in relation to school tax relief fund; to amend the state finance
law, in relation to payments, transfers and deposits; to amend the
state finance law, in relation to the issuance of bonds and notes; to
amend the New York state urban development corporation act, in
relation to funding project costs for certain capital projects; to
amend chapter 389 of the laws of 1997, relating to the financing of
the correctional facilities improvement fund and the youth facility
improvement fund, in relation to the issuance of bonds; to amend the
private housing finance law, in relation to housing program bonds and
S. 2005--A 4 A. 3005--A
notes; to amend chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment of the dedi-
cated highway and bridge trust fund, in relation to the issuance of
bonds; to amend the public authorities law, in relation to the dormi-
tory authority; to amend chapter 61 of the laws of 2005, providing for
the administration of certain funds and accounts related to the 2005-
2006 budget, in relation to issuance of bonds by the urban development
corporation; to amend the New York state urban development corporation
act, in relation to funding project costs for the Binghamton universi-
ty school of pharmacy, New York power electronic manufacturing consor-
tium and the nonprofit infrastructure capital investment program; to
amend the public authorities law, in relation to the state environ-
mental infrastructure projects; to amend the New York state urban
development corporation act, in relation to authorizing the urban
development corporation to issue bonds to fund project costs for the
implementation of a NY-CUNY challenge grant program; to amend chapter
81 of the laws of 2002, providing for the administration of certain
funds and accounts related to the 2002-2003 budget, in relation to
increasing the aggregate amount of bonds to be issued by the New York
state urban development corporation; to amend the public authorities
law, in relation to financing of peace bridge and transportation capi-
tal projects; to amend the public authorities law, in relation to
dormitories at certain educational institutions other than state oper-
ated institutions and statutory or contract colleges under the juris-
diction of the state university of New York; to amend the public
authorities law, in relation to authorization for the issuance of
bonds for the capital restructuring bond finance program and the
health care facility transformation program; to amend chapter 389 of
the laws of 1997, relating to the financing of the correctional facil-
ities improvement fund and the youth facility improvement fund, in
relation to the issuance of bonds; to amend the New York state medical
care facilities finance agency act, in relation to bonds and mental
health facilities improvement notes; to amend chapter 174 of the laws
of 1968, constituting the New York state urban development corporation
act, in relation to the aggregate amount of and issuance of certain
bonds; and to amend chapter 63 of the laws of 2005, relating to the
composition and responsibilities of the New York state higher educa-
tion capital matching grant board, in relation to increasing the
amount of authorized matching capital grants; to amend the smart
schools bond act of 2014, in relation to the issuance of bonds; to
amend the public authorities law, in relation to the financing of
hazardous waste site remediation projects, financing of the metropol-
itan transportation authority transportation facilities; and providing
for the repeal of certain provisions upon expiration thereof (Part P);
and to amend the public officers law, the legislative law, the state
finance law, the election law and the retirement and social security
law, in relation to qualifications for holding office (Part R)
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 2015-2016
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through R. The effective date for each particular
S. 2005--A 5 A. 3005--A
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 a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Section 259-r of the executive law is amended by adding a
new subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF AN
INMATE WHOSE TERMINAL CONDITION, DISEASE OR SYNDROME MEETS THE CRITERIA
FOR MEDICAL PAROLE AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION, AND WHO IS NOT SERVING A SENTENCE FOR ONE OR MORE OFFENSES
SET FORTH IN PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
SIX OF THE CORRECTION LAW WHICH WOULD RENDER SUCH INMATE INELIGIBLE FOR
PRESUMPTIVE RELEASE, THE GRANTING OF MEDICAL PAROLE SHALL BE DETERMINED
BY THE COMMISSIONER INSTEAD OF THE BOARD OF PAROLE. IN SUCH CASE, THE
PROVISIONS THAT WOULD HAVE APPLIED TO AND THE PROCEDURES THAT WOULD HAVE
BEEN FOLLOWED BY THE BOARD OF PAROLE PURSUANT TO THIS SECTION SHALL
APPLY TO AND BE FOLLOWED BY THE COMMISSIONER, EXCEPT THAT ANY DECISION
MADE BY THE COMMISSIONER PURSUANT TO THIS SECTION MAY NOT BE APPEALED.
ANY ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEEMED
A JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE
WITH LAW.
S 2. This act shall take effect immediately.
PART B
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part E of chapter 55 of the laws of 2013, is
amended to read as follows:
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2015] 2017.
S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
S 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2015] 2017, when it
shall expire and be deemed repealed.
S 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
S 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2015] 2017.
S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
S. 2005--A 6 A. 3005--A
other chapters and laws relating to correctional facilities, as amended
by section 4 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
S 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2015] 2017 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION shall report each January first and July first
during such time as the earned eligibility program is in effect, to the
chairmen of the senate crime victims, crime and correction committee,
the senate codes committee, the assembly correction committee, and the
assembly codes committee, the standards in effect for earned eligibility
during the prior six-month period, the number of inmates subject to the
provisions of earned eligibility, the number who actually received
certificates of earned eligibility during that period of time, the
number of inmates with certificates who are granted parole upon their
first consideration for parole, the number with certificates who are
denied parole upon their first consideration, and the number of individ-
uals granted and denied parole who did not have earned eligibility
certificates.
S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part E of chapter 55 of the laws
of 2013, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2015] 2017 and be applicable
to all persons entering the program on or before August 31, [2015] 2017.
S 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part E of chapter 55 of
the laws of 2013, is amended to read as follows:
S 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2015] 2017, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by section 7 of part E of chapter 55 of
the laws of 2013, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2015] 2017; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
S 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 8 of part E of chapter 55 of the laws of
2013, is amended to read as follows:
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h. Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended by section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as amended by section fifty-six of this act, and section fifty-seven of
this act shall expire September 1, [2015] 2017, when upon such date the
amendments to the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be read as if the
provisions of this act had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four of this act shall be
deemed to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April 1, 1996 and upon such date the
provisions of subsection (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall revert to
and be read as set out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
S 9. Subdivision (c) of section 49 of subpart A of part C of chapter
62 of the laws of 2011 amending the correction law and the executive
law, relating to merging the department of correctional services and
division of parole into the department of corrections and community
supervision, as amended by section 9 of part E of chapter 55 of the laws
of 2013, is amended to read as follows:
(c) that the amendments to subdivision 9 of section 201 of the
correction law as added by section thirty-two of this act shall remain
in effect until September 1, [2015] 2017, when it shall expire and be
deemed repealed;
S 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part E of chapter 55 of
the laws of 2013, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2015] 2017;
S 11. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part E of chap-
ter 55 of the laws of 2013, is amended to read as follows:
S 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2015] 2017 on which date those
provisions shall be deemed to be repealed.
S 12. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 12 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
S. 2005--A 8 A. 3005--A
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2015] 2017, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2015] 2017 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part E of chapter 55 of the laws of 2013, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [fifteen] SEVENTEEN.
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S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 14 of part E of chapter 55 of the laws of 2013, is
amended to read as follows:
S 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2015] 2017 when upon such date the provisions of this act shall be
deemed repealed.
S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part E of chapter 55 of the
laws of 2013, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2015] 2017;
S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part E of chap-
ter 55 of the laws of 2013, is amended to read as follows:
S 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2015]
2017, when upon such date it shall expire.
S 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 17 of part E of chapter 55 of the
laws of 2013, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2015]
2017.
S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 18 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
S 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2015] 2017, when upon such
date the provisions of this act shall be deemed repealed.
S 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part E of chapter 55 of the laws of 2013, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2015] 2017;
S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal procedure law relating to electronic court appearance in certain
counties, as amended by section 20 of part E of chapter 55 of the laws
of 2013, is amended to read as follows:
S. 2005--A 10 A. 3005--A
S 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2015] 2017 when upon such date the provisions of this act
shall be deemed repealed.
S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part E of chapter 55 of the
laws of 2013, is amended to read as follows:
S 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2015] 2017, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
S 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part E of chapter
55 of the laws of 2013, is amended to read as follows:
S 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2015] 2017.
S 23. Section 3 of part C of chapter 152 of the laws of 2001 amending
the military law relating to military funds of the organized militia, as
amended by section 23 of part E of chapter 55 of the laws of 2013, is
amended to read as follows:
S 3. This act shall take effect on the same date as the reversion of
subdivision 5 of section 183 and subdivision 1 of section 221 of the
military law as provided by section 76 of chapter 435 of the laws of
1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
standing this act shall be deemed to have been in full force and effect
on and after July 31, 2005 and shall remain in full force and effect
until September 1, [2015] 2017 when upon such date this act shall
expire.
S. 2005--A 11 A. 3005--A
S 24. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 24 of part E of
chapter 55 of the laws of 2013, is amended to read as follows:
S 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2015] 2017, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
S 25. Section 2 of part H of 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, as amended by section 1
of part C of chapter 55 of the laws of 2014, is amended to read as
follows:
S 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2015] 2017, when it shall expire and
be deemed repealed.
S 26. This act shall take effect immediately, provided however that
section twenty-five of this act shall be deemed to have been in full
force and effect on and after March 31, 2015.
PART C
Section 1. Employees of the division of state police in the unclassi-
fied service of the state, who are substantially engaged in the perform-
ance of duties to support business and financial services, administra-
tive services, payroll administration, time and attendance, benefit
administration, and other transactional human resources functions, may
be transferred to the office of general services in accordance with the
provisions of section 45 of the civil service law as if the state had
taken over a private entity. No employee who is transferred pursuant to
this act shall suffer a reduction in basic annual salary as a result of
the transfer.
S 2. This act shall take effect immediately.
PART D
Section 1. Paragraph (c) of subdivision 1 of section 13-c of the work-
ers' compensation law is REPEALED.
S 2. Subparagraph (iii) of paragraph (b) of subdivision 3 of section
13-c of the workers' compensation law is REPEALED.
S 3. Subdivision 4 of section 13-g of the workers' compensation law,
as amended by section 4 of part GG of chapter 57 of the laws of 2013, is
amended to read as follows:
(4) A provider initiating an arbitration, including a single arbitra-
tor process, pursuant to this section shall NOT pay a fee [as determined
by regulations promulgated by the chair, to be used] to cover the costs
related to the conduct of such arbitration. [Upon resolution in favor of
such party, the amount due, based upon the bill in dispute, shall be
S. 2005--A 12 A. 3005--A
increased by the amount of the fee paid by such party. Where a partial
award is made, the amount due, based upon the bill in dispute, shall be
increased by a part of such fee.] Each member of an arbitration commit-
tee for medical bills, and each member of an arbitration committee for
hospital bills shall be entitled to receive and shall be paid a fee for
each day's attendance at an arbitration session in any one count in an
amount fixed by the chair of the workers' compensation board.
S 4. Paragraph (b) of subdivision 3-b of section 50 of the workers'
compensation law, as amended by chapter 139 of the laws of 2008, is
amended to read as follows:
(b) The board, in its rules, may provide for the issuance of licenses
to persons, firms or corporations, upon such proof of character and
fitness as it may deem necessary, [and may provide for a license fee in
an amount not exceeding one hundred dollars a year, and an annual
authorization fee in an amount not exceeding five hundred dollars a year
for each designated representative] WITHOUT ANNUAL LICENSE FEE, and for
the giving of a bond running to the people of the state of New York,
conditioned upon the faithful performance of all duties required of such
person, firm or corporation, and in an amount to be fixed by the board
in its rules. Such bond shall be approved by the board as to form and
sufficiency and shall be filed with it. [All license and authorization
fees collected under the provisions of this section shall be paid into
the state treasury.]
S 5. Paragraph (e) of subdivision 7 of section 13-m of the workers'
compensation law, as amended by section 7 of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
(e) A provider initiating an arbitration, including a single arbitra-
tor process, pursuant to this section shall NOT BE REQUIRED TO pay a
fee[, as determined by regulations promulgated by the chair, to be used]
to cover the costs related to the conduct of such arbitration. [Upon
resolution in favor of such party, the amount due, based upon the bill
in dispute, shall be increased by the amount of the fee paid by such
party. Where a partial award is made, the amount due, based upon the
bill in dispute, shall be increased by a part of such fee.]
S 6. Paragraph (e) of subdivision 6 of section 13-1 of the workers'
compensation law, as amended by section 6 of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
(e) A provider initiating an arbitration, including a single arbitra-
tor process, pursuant to this section shall NOT pay a fee[, as deter-
mined by regulations promulgated by the chair, to be used] to cover the
costs related to the conduct of such arbitration. [Upon resolution in
favor of such party, the amount due, based upon the bill in dispute,
shall be increased by the amount of the fee paid by such party. Where a
partial award is made, the amount due, based upon the bill in dispute,
shall be increased by a part of such fee.]
S 7. Paragraph (e) of subdivision 6 of section 13-k of the workers'
compensation law, as amended by section 5 of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
(e) A provider initiating an arbitration, including a single arbi-
tration process, pursuant to this section shall NOT BE REQUIRED TO pay a
fee[, as determined by regulations promulgated by the chair, to be used
to cover the costs] related to the conduct of such arbitration. [Upon
resolution in favor of such party, the amount due, based upon the bill
in dispute, shall be increased by the amount of the fee paid by such
party. Where a partial award is made, the amount due, based upon the
bill in dispute shall be increased by a part of such fee.] Each member
S. 2005--A 13 A. 3005--A
of the arbitration committee shall be entitled to receive and shall be
paid a fee for each day's attendance at an arbitration session in an
amount fixed by the chair of the workers' compensation board.
S 8. Section 24-a of the workers' compensation law, as amended by
chapter 133 of the laws of 1982, subdivision 1 as amended by chapter 61
of the laws of 1989, subdivision 2 as amended and subdivision 5 as added
by chapter 347 of the laws of 1987, is amended to read as follows:
S 24-a. Representation before the workers' compensation board. 1. No
person, firm or corporation, other than an attorney and counsellor-at-
law, shall appear on behalf of any claimant or person entitled to the
benefits of this chapter, before the board or any officer, agent or
employee of the board assigned to conduct any hearing, investigation or
inquiry relative to a claim for compensation or benefits under this
chapter, unless he or she shall be a citizen of the United States or an
alien lawfully admitted for permanent residence in the United States,
and shall have obtained from the board a license authorizing him or her
to appear in matters or proceedings before the board. Such license shall
be issued by the board in accordance with the rules established by it.
Any person, firm or corporation violating the aforesaid provisions shall
be guilty of a misdemeanor. The board, in its rules, shall provide for
the issuance of licenses to representatives of charitable and welfare
organizations, and to associations who employ a representative to appear
for members of such association, upon certification of the proper offi-
cer of such association or organization, which licenses shall issue
without charge; and may provide for a license WITHOUT fee in the case of
all other persons, firms or corporations in an amount to be fixed by
said rules[, not exceeding the sum of one hundred dollars a year. All
license fees collected under the provisions of this section shall be
paid into the state treasury]. The board shall have such tests of char-
acter and fitness with respect to applicants for licenses, and such
rules governing the conduct of those licensed, as aforesaid, as it may
deem necessary.
2. There shall be maintained in each office of the board a registry or
list of persons to whom licenses have been issued as provided herein,
which list shall be corrected as often as licenses are issued or
revoked. Absence of a record of a license issued as herein provided
shall be prima facie evidence that a person, firm or corporation is not
licensed to represent claimants. Any such license may be revoked by the
board, for cause, after a hearing before the board. No license hereunder
shall be issued for a period longer than three years from the date of
its issuance.
[3. No fee or allowance, in accordance with the provisions of section
twenty-four of this chapter, shall be made for services rendered by any
such person, firm or corporation who has received a license hereunder
without payment of a license fee.
4.] 3. Refusal by any person to whom a license has been issued author-
izing him to appear on behalf of any claimant to answer, upon request of
the board, or other duly authorized officer, board or committee of the
state, any legal question or to produce any relevant book or paper
concerning his conduct under such license, shall constitute adequate
cause for revocation thereof.
[5.] 4. Only an attorney, or a representative licensed in accordance
with rules established by the board pursuant to subdivisions three-b and
three-d of section fifty of this chapter, shall appear on behalf of an
employer or an insurance carrier regarding a claim for compensation or
any benefits under this chapter before the board or any officer, agent
S. 2005--A 14 A. 3005--A
or employee of the board assigned to conduct any hearing relative to a
claim for compensation or benefits under this chapter. The provisions of
this subdivision shall not apply to a designated regular employee of a
self-insured employer, or of an insurance carrier appearing on behalf of
his or her employer, but the board may prohibit the appearance of any
such employee for cause.
S 9. This act shall take effect April 1, 2015.
PART E
Section 1. The article heading of article 14 of the election law is
amended to read as follows:
[Campaign Receipts and Expenditures] CAMPAIGN RECEIPTS AND EXPENDI-
TURES; PUBLIC FINANCING
S 2. Section 14-100 of the election law is amended by adding two new
subdivisions 15 and 16 to read as follows:
15. "INTERMEDIARY" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO
A CANDIDATE OR AN AUTHORIZED COMMITTEE.
"INTERMEDIARY" SHALL NOT INCLUDE SPOUSES, PARENTS, CHILDREN, OR
SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
TITLE.
S 3. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
amended to read as follows:
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE setting forth all the receipts, contributions to and the
expenditures by and liabilities of the committee, and of its officers,
members and agents in its behalf. Such statements shall include the
dollar amount of any receipt, contribution or transfer, or the fair
market value of any receipt, contribution or transfer, which is other
than of money, the name and address of the transferor, contributor,
INTERMEDIARY, or person from whom received, and if the transferor,
contributor, INTERMEDIARY, or person is a political committee; the name
of and the political unit represented by the committee, the date of its
receipt, the dollar amount of every expenditure, the name and address of
the person to whom it was made or the name of and the political unit
represented by the committee to which it was made and the date thereof,
and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
NEED NOT BE REPORTED FOR A CONTRIBUTION THAT WAS COLLECTED FROM A
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE HUNDRED DOLLARS. Any statement
reporting a loan shall have attached to it a copy of the evidence of
S. 2005--A 15 A. 3005--A
indebtedness. Expenditures in sums under fifty dollars need not be
specifically accounted for by separate items in said statements, and
receipts and contributions aggregating not more than ninety-nine
dollars, from any one contributor need not be specifically accounted for
by separate items in said statements, provided however, that such
expenditures, receipts and contributions shall be subject to the other
provisions of section 14-118 of this [article] TITLE.
S 4. Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of promot-
ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
FOR SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE FROM EACH
CONTRIBUTOR IN EACH YEAR.
S 5. Subdivision 2 of section 14-108 of the election law, as amended
by chapter 109 of the laws of 1997, is amended to read as follows:
2. Each statement shall cover the period up to and including the
fourth day next preceding the day specified for the filing thereof[;
provided, however, that]. THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN
EXCESS OF ONE THOUSAND DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT
HOURS OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER
CONTRIBUTION OR LOAN ON THE NEXT APPLICABLE STATEMENT. HOWEVER, any
contribution or loan in excess of one thousand dollars, if received
after the close of the period to be covered in the last statement filed
before any primary, general or special election but before such
election, shall be reported, in the same manner as other contributions,
within twenty-four hours after receipt.
S 6. Subdivisions 1 and 10 of section 14-114 of the election law,
subdivision 1 as amended and subdivision 10 as added by chapter 79 of
the laws of 1992 and paragraphs a and b of subdivision 1 as amended by
chapter 659 of the laws of 1994, are amended to read as follows:
1. The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions, and to all contributions to
political committees working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election, other
than any contributions to any party committee or constituted committee:
a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee PARTIC-
IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN
TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
gate amount greater than: (i) in the case of any nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive status, multi-
plied by $.005, but such amount shall be not [less than four thousand
dollars nor] more than [twelve] SIX thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision,] and (ii) in the case of any election to [a] SUCH
public office, [twenty-five] SIX thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision]; provided however, that the maximum amount which may
S. 2005--A 16 A. 3005--A
be so contributed or accepted, in the aggregate, from any candidate's
child, parent, grandparent, brother and sister, and the spouse of any
such persons, shall not exceed in the case of any nomination to public
office an amount equivalent to the product of the number of enrolled
voters in the candidate's party in the state, excluding voters in inac-
tive status, multiplied by $.025, and in the case of any election for a
public office, an amount equivalent to the product of the number of
registered voters in the state excluding voters in inactive status,
multiplied by $.025.
b. In any other election for party position or for election to a
public office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM)
and no SUCH candidate or political committee may accept any contribution
from any contributor, which is in the aggregate amount greater than: (i)
in the case of any election for party position, or for nomination to
public office, the product of the total number of enrolled voters in the
candidate's party in the district in which he is a candidate, excluding
voters in inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of the total number of
registered voters in the district, excluding voters in inactive status,
multiplied by $.05, however in the case of a nomination within the city
of New York for the office of mayor, public advocate or comptroller,
such amount shall be not less than four thousand dollars nor more than
twelve thousand dollars as increased or decreased by the cost of living
adjustment described in paragraph [c] E of this subdivision; in the case
of an election within the city of New York for the office of mayor,
public advocate or comptroller, twenty-five thousand dollars as
increased or decreased by the cost of living adjustment described in
paragraph [c] E of this subdivision; in the case of a nomination OR
ELECTION for state senator, four thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision; in the case of an election for state senator, six
thousand two hundred fifty dollars as increased or decreased by the cost
of living adjustment described in paragraph c of this subdivision]; in
the case of an election or nomination for a member of the assembly,
[twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
the cost of living adjustment described in paragraph c of this subdivi-
sion; but in no event shall any such maximum exceed fifty thousand
dollars or be less than one thousand dollars]; provided however, that
the maximum amount which may be so contributed or accepted, in the
aggregate, from any candidate's child, parent, grandparent, brother and
sister, and the spouse of any such persons, shall not exceed in the case
of any election for party position or nomination for public office an
amount equivalent to the number of enrolled voters in the candidate's
party in the district in which he is a candidate, excluding voters in
inactive status, multiplied by $.25 and in the case of any election to
public office, an amount equivalent to the number of registered voters
in the district, excluding voters in inactive status, multiplied by
$.25; or twelve hundred fifty dollars, whichever is greater, or in the
case of a nomination or election of a state senator, twenty thousand
dollars, whichever is greater, or in the case of a nomination or
election of a member of the assembly twelve thousand five hundred
dollars, whichever is greater, but in no event shall any such maximum
exceed one hundred thousand dollars.
S. 2005--A 17 A. 3005--A
C. IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS
OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN:
(I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.005, BUT SUCH
AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN
THOUSAND DOLLARS, AND (II) IN THE CASE OF ANY ELECTION TO A PUBLIC
OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED HOWEVER, THAT THE MAXIMUM
AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
NATION TO PUBLIC OFFICE AN AMOUNT EQUIVALENT TO THE PRODUCT OF THE
NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
TIVE STATUS, MULTIPLIED BY $.025.
D. IN ANY OTHER ELECTION FOR PARTY POSITION OR FOR ELECTION TO A
PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
IN THE CASE OF ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO
PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS,
MULTIPLIED BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC ADVOCATE OR COMPTROLLER,
SUCH AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF LIVING
ADJUSTMENT DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC
ADVOCATE OR COMPTROLLER, TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH E OF
THIS SUBDIVISION; IN THE CASE OF A NOMINATION OR ELECTION FOR STATE
SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED HOWEVER,
THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND
SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
OF ANY ELECTION FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S
PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY ELECTION TO
PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY
$.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
S. 2005--A 18 A. 3005--A
CASE OF A NOMINATION OR ELECTION OF A STATE SENATOR, TWENTY THOUSAND
DOLLARS, WHICHEVER IS GREATER, OR IN THE CASE OF A NOMINATION OR
ELECTION OF A MEMBER OF THE ASSEMBLY TWELVE THOUSAND FIVE HUNDRED
DOLLARS, WHICHEVER IS GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
EXCEED ONE HUNDRED THOUSAND DOLLARS.
E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
determine the percentage of the difference between the most recent
available monthly consumer price index for all urban consumers published
by the United States bureau of labor statistics and such consumer price
index published for the same month four years previously. The amount of
each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
this subdivision shall be adjusted by the amount of such percentage
difference to the closest one hundred dollars by the state board which,
not later than the first day of February in each such year, shall issue
a regulation publishing the amount of each such contribution limit. Each
contribution limit as so adjusted shall be the contribution limit in
effect for any election held before the next such adjustment.
F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT
SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
(I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
CONTRIBUTOR; AND
(II) IN ANY ELECTION SPEND WITHOUT LIMITATION FOR NON-CANDIDATE
EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
CANDIDATES.
G. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION,
PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
TEE.
10. [a.] No contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than [sixty-two thousand
five hundred] TWENTY-FIVE THOUSAND dollars per annum.
[b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most recent available monthly consumer
price index for all urban consumers published by the United States
bureau of labor statistics and such consumer price index published for
the same month four years previously. The amount of such contribution
limit fixed in paragraph a of this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be the
contribution limit in effect for any election held before the next such
adjustment.]
S 7. Section 14-116 of the election law, subdivision 1 as redesignated
by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
260 of the laws of 1981, is amended to read as follows:
S 14-116. Political contributions by certain organizations. 1. No
corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
business in this state, except a corporation or association organized or
S. 2005--A 19 A. 3005--A
maintained for political purposes only, shall directly or indirectly pay
or use or offer, consent or agree to pay or use any money or property
for or in aid of any political party, committee or organization, or for,
or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
other association organized or maintained for political purposes, or
for, or in aid of, any candidate for political office or for nomination
for such office, or for any political purpose whatever, or for the
reimbursement or indemnification of any person for moneys or property so
used. Any officer, director, stock-holder, attorney or agent of any
corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
violates any of the provisions of this section, who participates in,
aids, abets or advises or consents to any such violations, and any
person who solicits or knowingly receives any money or property in
violation of this section, shall be guilty of a misdemeanor.
2. Notwithstanding the provisions of subdivision one of this section,
any corporation or an organization financially supported in whole or in
part, by such corporation may make expenditures, including contrib-
utions, not otherwise prohibited by law, for political purposes, in an
amount not to exceed [five] ONE thousand dollars in the aggregate in any
calendar year; provided that no public utility shall use revenues
received from the rendition of public service within the state for
contributions for political purposes unless such cost is charged to the
shareholders of such a public service corporation.
S 8. Section 14-130 of the election law, as added by chapter 152 of
the laws of 1985, is amended to read as follows:
S 14-130. Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may be expended for any lawful
purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
A PUBLIC OFFICE OR PARTY POSITION. Such funds shall not be converted by
any person to a personal use [which is unrelated to a political campaign
or the holding of a public office or party position].
2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
CHARGES UPON MONIES LOANED TO THE CAMPAIGN BY SUCH CANDIDATE OR THE
SPOUSE OF SUCH CANDIDATE.
3. (A) AS USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
THE CANDIDATE OR ANY OTHER INDIVIDUAL, AND ARE USED TO FULFILL ANY
COMMITMENT, OBLIGATION, OR EXPENSE OF A PERSON THAT WOULD EXIST IRRE-
SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE EXECUTION OF THE
DUTIES OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI-
CIAL.
(B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED
TO, EXPENSES FOR THE FOLLOWING:
(I) ANY RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES OR EXPENDITURES,
INCLUDING MORTGAGE, RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY
PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT
OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
FOR BOTH PERSONAL AND CAMPAIGN USE, PERSONAL USE SHALL CONSTITUTE
EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON
FAIR-MARKET VALUE.
(II) MORTGAGE, RENT, OR UTILITY PAYMENTS FOR ANY PART OF ANY NON-
RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER OR A
MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
S. 2005--A 20 A. 3005--A
PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
(III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
(IV) TUITION PAYMENTS;
(V) CHILDCARE COSTS;
(VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
ATIONAL FACILITY OR OTHER NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
TION'S PREMISES;
(VII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO ANY PERSON
WHOSE SERVICES ARE NOT SOLELY FOR CAMPAIGN PURPOSES OR PROVIDED IN
CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
(VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
CANDIDATE'S FAMILY, UNLESS THE FAMILY MEMBER IS PROVIDING BONA FIDE
SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF
THE FAIR MARKET VALUE OF THE SERVICES PROVIDED SHALL BE CONSIDERED
PAYMENTS FOR PERSONAL USE;
(IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF A CAMPAIGN OR OFFICEHOLDER
ACTIVITY;
(X) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS CHAP-
TER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMIS-
SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
(XI) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS
USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
THE DUTIES OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS TO PAY
EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH PERSONAL ACTIVITIES
AND CAMPAIGN ACTIVITIES OR OFFICIAL DUTIES, THE INCREMENTAL EXPENSES
THAT RESULT FROM THE PERSONAL ACTIVITIES SHALL BE CONSIDERED FOR
PERSONAL USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE REIM-
BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
AMOUNT OF THE INCREMENTAL EXPENSES; AND
(XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
AS CONSTITUTING PERSONAL USE.
4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
EQUIPMENT OR PROPERTY FROM HIS OR HER PERSONAL FUNDS AND LEASING OR
RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR
INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI-
DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE
CANDIDATE SHALL NOT RECEIVE LEASE OR RENTAL PAYMENTS WHICH, IN THE
AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
5. NOTHING IN THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE-
HOLDER FROM USING CAMPAIGN CONTRIBUTIONS TO FACILITATE, SUPPORT, OR
OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
HER PUBLIC OFFICE.
6. THE STATE BOARD OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS FROM
TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
S 9. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
PUBLIC FINANCING
SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT.
S. 2005--A 21 A. 3005--A
14-200-A. DEFINITIONS.
14-201. REPORTING REQUIREMENTS.
14-202. CONTRIBUTIONS.
14-203. PROOF OF COMPLIANCE.
14-204. ELIGIBILITY.
14-205. LIMITS ON PUBLIC FINANCING.
14-206. PAYMENT OF PUBLIC MATCHING FUNDS.
14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN
EXPENDITURES.
14-208. POWERS AND DUTIES OF BOARD.
14-209. AUDITS AND REPAYMENTS.
14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS.
14-211. REPORTS.
14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
14-213. SEVERABILITY.
S 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS THAT
REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
FOR AND THE APPEARANCE OF CORRUPTION. THE LEGISLATURE FURTHER FINDS
THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL
PROCESS.
THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
REPRESENTING THE NEEDS OF THEIR CONSTITUENTS, AND COMMUNICATING WITH
VOTERS.
THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI-
CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO
ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
FURTHER THE GOVERNMENT'S INTEREST IN REDUCING REAL AND APPARENT
CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES
AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA-
TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
FUNDING PROGRAM WILL ENLARGE THE PUBLIC DEBATE AND INCREASE PARTIC-
IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
THAT THE VOLUNTARY EXPENDITURE LIMITATIONS AND MATCHING FUND PROGRAM
REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
MONEY FOR THEIR CAMPAIGNS.
S. 2005--A 22 A. 3005--A
THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
IMPORTANT AND VALID GOVERNMENT INTERESTS OF REDUCING VOTER APATHY,
BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE
OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
S 14-200-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE CANDI-
DATE'S CAMPAIGN.
2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
5. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
THE DAY AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
PARENT.
10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
THE ULTIMATE RECIPIENT.
11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
TWENTY-FIVE DOLLARS OR MORE.
12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE OF NEW
YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
BOARD IN ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
THE CANDIDATE'S AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR
S. 2005--A 23 A. 3005--A
BEFORE THE DAY OF THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION OF A CONTRIB-
UTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
(B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
(I) LOANS;
(II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
(III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
(IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
(V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
(VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
(VII) ILLEGAL CONTRIBUTIONS;
(VIII) CONTRIBUTIONS FROM MINORS;
(IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
(X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR
MEMBER OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS FOLLOW-
ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
17. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF
MATCHABLE CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST
RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER
AUTHORIZED COMMITTEES.
S 14-201. REPORTING REQUIREMENTS. 1. POLITICAL COMMITTEE REGISTRA-
TION. POLITICAL COMMITTEES AS DEFINED PURSUANT TO SUBDIVISION ONE OF
SECTION 14-100 OF THIS ARTICLE SHALL REGISTER WITH THE BOARD BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE. THE BOARD SHALL PUBLISH A CUMU-
LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
2. ONLY ONE AUTHORIZED COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE
EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
HAVE A TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
14-112 OF THIS ARTICLE.
3. DISCLOSURE REPORTS. (A) DETAILED REPORTING. IN ADDITION TO EACH
AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
UTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND
MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
S. 2005--A 24 A. 3005--A
EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
REPORTS ON MARCH FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR
REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
EXPENDITURE MADE. FOR CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE
HUNDRED DOLLARS OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
REPORT TO THE BOARD THE OCCUPATION, AND BUSINESS ADDRESS OF EACH
CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL REVISE, PREPARE
AND POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION.
(B) BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUES-
TIONS IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS
REVIEW, IT SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY
TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN
OPPORTUNITY TO ADDRESS QUESTIONS IT HAS CONCERNING THEIR MATCHABLE
CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING
PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE THE CHIEF ENFORCEMENT COUNSEL FROM SUBSEQUENTLY REVIEWING
SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
THIS TITLE.
(C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
(D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON MONDAY SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
S 14-202. CONTRIBUTIONS. RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
SHALL BE SUBJECT TO THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
SECTION 14-114 OF THIS ARTICLE.
S 14-203. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
MAY REQUEST RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND
FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE,
AUTHORIZED AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH
RECORDS FOR A PERIOD OF FIVE YEARS.
S 14-204. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
(A) BE A CANDIDATE IN A COVERED ELECTION;
(B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
(C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
(D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
A SCHEDULE PROMULGATED BY THE BOARD;
(E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
(F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
S. 2005--A 25 A. 3005--A
WITH HIS OR HER NOMINATION ELECTION OR ELECTION TO A COVERED OFFICE, BUT
MAY MAKE A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
THAT DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM
AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS
SEEKING;
(G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION; AND
(H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD.
2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
(I) GOVERNOR, NOT LESS THAN SIX HUNDRED FIFTY THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST SIX THOUSAND FIVE HUNDRED
MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED
SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
(II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
OF NEW YORK STATE;
(III) STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER
CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED; AND
(IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN TEN THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED MATCHABLE
CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE
SEAT IS TO BE FILLED.
(B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED
TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
(I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
(II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF FOUR MILLION DOLLARS;
(III) FOR SENATOR, THE SUM OF THREE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
(IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS.
2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED THE
FOLLOWING AMOUNTS:
CANDIDATES FOR ELECTION TO THE OFFICE OF:
GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $10,000,000
ATTORNEY GENERAL $4,000,000
COMPTROLLER $4,000,000
MEMBER OF SENATE $375,000
MEMBER OF ASSEMBLY $175,000
S. 2005--A 26 A. 3005--A
3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE
ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
PARAGRAPH ONE OF THIS SECTION.
S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
TEE UNLESS THE BOARD DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET
THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE
AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE
ONLY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY
BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO
PUBLIC MATCHING FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR,
OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
ED TO THE AMOUNTS SET FORTH IN SECTION 14-205 OF THIS TITLE FOR THE
COVERED ELECTION.
3. TIMING OF PAYMENT. THE BOARD SHALL MAKE ANY PAYMENT OF PUBLIC
MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE.
BUT IN ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A
CAMPAIGN CONTRIBUTION REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF
THIS ARTICLE. WITHIN TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A
COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE
PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER,
IT SHALL NOT MAKE ANY PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST
DATES FOR MAKING SUCH PAYMENTS AS PROVIDED BY THIS TITLE. IF ANY OF
SUCH PAYMENTS WOULD REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY,
PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL, IN CONSULTATION WITH
THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
IZED COMMITTEE'S BANK ACCOUNT.
5. IRREGULARLY SCHEDULED ELECTIONS. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE BOARD SHALL (A)
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A REPORT
OF CONTRIBUTIONS FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGI-
BILITY FOR PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR
PUBLIC MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE
CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT
S. 2005--A 27 A. 3005--A
SHALL AUTHORIZE PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE
CANDIDATE.
S 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR
ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
AN ELECTION TO FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR
ELECTION OR ELECTION.
2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
(B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
(D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL
ELECTION BALLOT;
(E) AN EXPENDITURE MADE BY CASH PAYMENT;
(F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
CONSTITUTED COMMITTEE;
(G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
(H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
(I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
(J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
DATE; OR
(K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
S 14-208. POWERS AND DUTIES OF BOARD. 1. ADVISORY OPINIONS. THE BOARD
SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A
POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND
ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE WITH
IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
ATE.
2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
4. DATABASE. THE BOARD SHALL DEVELOP AN INTERACTIVE, SEARCHABLE
COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
S. 2005--A 28 A. 3005--A
PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMATION ON CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR
COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
5. THE BOARD SHALL WORK WITH THE CHIEF ENFORCEMENT COUNSEL TO ENFORCE
THIS SECTION.
S 14-209. AUDITS AND REPAYMENTS. 1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
IN QUESTION. EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC-
TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING
PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH FUNDS. CANDI-
DATES WHO RUN IN ANY PRIMARY OR GENERAL ELECTION MUST MAINTAIN A RESERVE
OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE POST-E-
LECTION AUDIT. THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A FINAL
AUDIT REPORT THAT DETAILS ITS FINDINGS.
2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS
PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS
PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND
SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
(B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT
EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND SEVERABLY LIABLE FOR
ANY REPAYMENTS TO THE BOARD.
(C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION.
PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER ALL
LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION BY THE
BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A
PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTH-
S. 2005--A 29 A. 3005--A
ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR
HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
IPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE SUCH PAYMENT. THESE
REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE REPORTED, THE PERIODS
DURING WHICH SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
AND VERIFICATIONS.
S 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
(A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
(B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
PENDENT HEARING OFFICER TO EACH PERSON OR ENTITY IT HAS REASON TO
BELIEVE HAS COMMITTED A VIOLATION; AND
(C) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO CONTEST.
3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. THE CHIEF ENFORCEMENT COUNSEL SHALL SEEK TO
RECOVER ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL
CONDUCT.
4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE
CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
(B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
(C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A
SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO
OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD
AS A RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR
TO OBTAIN SUCH AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMIT-
TEE AFTER A HEARING AT THE STATE BOARD OF ELECTIONS.
(D) THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A SPECIAL
PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A
JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD
PURSUANT TO THIS TITLE OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEAR-
ING AT THE STATE BOARD OF ELECTIONS.
S. 2005--A 30 A. 3005--A
S 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
TY, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE BOARD DEEMS
APPROPRIATE. THESE REPORTS SHALL INCLUDE:
1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
S 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE BOARD
SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE. PARTICIPATING CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING
CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC-
IPATE IN SUCH DEBATES.
S 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
S 10. The state finance law is amended by adding a new section 92-t to
read as follows:
S 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (H) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
ERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE
GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO
RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF
S. 2005--A 31 A. 3005--A
ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER
PRESCRIBED BY LAW, NOT MORE THAN FIVE WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
5. COMMENCING IN TWO THOUSAND NINETEEN, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
STATE.
6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THIRTY DAYS AFTER DESIGNATING
PETITIONS OR CERTIFICATES OF NOMINATION HAVE BEEN FILED AND NOT LATER
THAN THIRTY DAYS AFTER SUCH PRIMARY ELECTION.
7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
S 11. Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY TO FUND ESTIMATED PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE FOR THE PRIMARY, GENERAL OR SPECIAL
ELECTION.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY CLAIMS
AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
ERTY FUND TO THE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE.
S 12. Section 658 of the tax law is amended by adding a new subsection
(h) to read as follows:
(H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN,
EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
S. 2005--A 32 A. 3005--A
MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
(2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
OF DESIGNATIONS.
(3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
(4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, FOR SUCH TAXPAYER TO MAKE THE
DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH RETURN
FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH OPTIONAL
DESIGNATIONS.
S 13. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section seven of this act 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, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
S 14. This act shall take effect immediately; provided, however, all
affected candidates will be eligible to participate in voluntary public
financing beginning with the 2018 primary election.
PART F
Section 1. Subdivision 2 of section 4-126 of the election law is
REPEALED.
S 2. Subdivision 2 of section 9-212 of the election law, as amended by
chapter 635 of the laws of 1990, is amended to read as follows:
2. All such determinations shall be in writing and signed by the
members of the canvassing board or a majority of them and filed and
recorded in the office of the board of elections. [Except in the city of
New York and in the counties of Nassau, Orange and Westchester, the] THE
board of elections shall cause a copy of such determinations, and of the
statements filed in its office upon which such determinations were
based, to be [published once in each of the newspapers designated to
publish election notices and the official canvass] POSTED ON ITS WEBSITE
FOR A MINIMUM PERIOD OF THREE DAYS. The statement of canvass to be
[published] POSTED, however, shall not give the vote by election
districts but shall contain only the total vote for a person, or the
total vote for and the total vote against a ballot proposal, cast within
the county, or within the portion thereof, if any, in which an office is
filled or ballot proposal is decided by the voters if the canvass of the
vote thereon devolves upon the county board of canvassers. Such totals
shall be expressed in arabic numerals.
S. 2005--A 33 A. 3005--A
S 3. Section 4-116 of the election law, the section heading as amended
by chapter 234 of the laws of 1976, subdivision 1 as amended by chapter
341 of the laws of 1995 and subdivisions 2 and 3 as amended by chapter
60 of the laws of 1993, is amended to read as follows:
S 4-116. Constitutional amendments and questions; publication of by
state board of elections and secretary of state. 1. The secretary of
state shall cause each concurrent resolution of the two houses of the
legislature agreeing to a proposed amendment to the constitution that
has been referred to the legislature to be chosen at the next general
election to be [published] POSTED ON ITS WEBSITE at least once in each
of the three months next preceding such election FOR A MINIMUM OF THREE
DAYS. Such [publication] POSTING shall include the information that such
amendment has been so referred.
2. The state board of elections shall [publish once] POST ON ITS
WEBSITE FOR A MINIMUM OF THREE DAYS in the week preceding any election
at which proposed constitutional amendments or other propositions or
questions are to be submitted to the voters of the state an abstract of
such amendment or question, a brief statement of the law or proceedings
authorizing such submission, a statement that such submission will be
made and the form in which it is to be submitted.
[3. Publication required by subdivision two of this section shall be
in one newspaper of general circulation in each county.]
S 4. This act shall take effect April 1, 2015.
PART G
Section 1. The civil service law is amended by adding a new section
66 to read as follows:
S 66. TERM APPOINTMENTS IN INFORMATION TECHNOLOGY POSITIONS. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY POSITIONS REQUIRING
SPECIAL EXPERTISE OR QUALIFICATIONS IN INFORMATION TECHNOLOGY. SUCH
APPOINTMENTS MAY BE AUTHORIZED ONLY IN SUCH CASES WHERE THE OFFICE OF
INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
OF THE TYPE OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL
CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
INATION OF ANY KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT
PURSUANT TO THE PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL
EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE
OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
NOT EXCEED SIXTY MONTHS AND SHALL NOT BE EXTENDED, AND THE MAXIMUM
NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED THREE HUNDRED. AT LEAST
FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS
OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO
COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO EMPLOYEES
WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
TIONS.
2. A TEMPORARY POSITION ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON
SUCH ABOLITION OR AT THE END OF THE TERM OF THE APPOINTMENT, THE
S. 2005--A 34 A. 3005--A
PROVISIONS OF SECTIONS SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND
EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
MATION TECHNOLOGY POSITIONS, THE TERM APPOINTMENTS PURSUANT TO THIS
SECTION AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE ABOL-
ISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS INFORMATION
TECHNOLOGY POSITIONS AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
3. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
DEPARTMENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO
THOSE ELIGIBLES IDENTIFIED AS HAVING KNOWLEDGE, SKILLS OR CERTIF-
ICATIONS, OR ANY COMBINATION THEREOF, IDENTIFIED BY THE APPOINTING
AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF ANY OF THE FOLLOWING
POSITIONS:
35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25;
35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25;
35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25;
35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25;
35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27;
35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
G-27;
35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27;
35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
G-27; OR
35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
(B) NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A SKILL-SET
INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.
S 2. Notwithstanding any provision of law to the contrary, the civil
service department may re-classify any person employed in a permanent,
classified, competitive position immediately prior to being transferred
to the office of information technology services pursuant to subdivision
2 of section 70 of the civil service law to align with the duties and
responsibilities of their positions upon transfer. Permanent employees
whose positions are subsequently reclassified to align with the duties
and responsibilities of their positions upon being transferred to the
office of information technology services pursuant to subdivision 2 of
section 70 of the civil service law shall hold such positions without
further examination or qualification. Notwithstanding any other
provision of this act, the names of those competitive permanent employ-
ees on promotion eligible lists in their former agency or department
shall be added and interfiled on a promotion eligible list in the new
department, as the state civil service department deems appropriate.
S 3. (a) Notwithstanding any provision of law to the contrary, the
civil service department may re-classify any person employed in an
exempt or non-competitive class position immediately prior to being
transferred to the office of information technology services pursuant to
subdivision 2 of section 70 of the civil service law to align with the
duties and responsibilities of their positions upon transfer. Permanent
employees whose positions are subsequently re-classified to align with
the duties and responsibilities of their positions upon being trans-
ferred to the office of information technology services pursuant to
subdivision 2 of section 70 of the civil service law shall hold such
positions without further examination or qualification.
(b) No employee whose position is re-classified pursuant to this
section or section two of this act shall suffer a reduction in basic
salary as a result of such re-classification and shall continue to
S. 2005--A 35 A. 3005--A
receive, at a minimum, the salary that such employee received while
employed at their prior agency.
S 4. This act shall take effect immediately.
PART H
Section 1. Paragraph d of subdivision 1 of section 130 of the civil
service law is amended by adding four new subparagraphs 4, 5, 6 and 7 to
read as follows:
(4) EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
GRADE HIRING JOB
RATE RATE
M/C 3 $23,927 $30,588
M/C 4 $24,983 $31,977
M/C 5 $26,482 $33,528
M/C 6 $27,606 $35,248
M/C 7 $29,198 $37,156
M/C 8 $30,800 $39,071
M/C 9 $32,560 $41,150
M/C 10 $34,315 $43,433
M/C 11 $36,396 $45,844
M/C 12 $38,316 $48,249
M/C 13 $40,546 $50,929
M/C 14 $42,955 $53,731
M/C 15 $45,345 $56,632
M/C 16 $47,901 $59,653
M/C 17 $50,618 $62,942
M/C 18 $50,887 $63,146
M/C 19 $53,616 $66,429
M/C 20 $56,349 $69,761
M/C 21 $59,388 $73,364
M/C 22 $62,580 $77,218
M/C 23 $65,788 $82,195
M 1 $71,009 $89,758
M 2 $78,752 $99,545
M 3 $87,404 $110,451
M 4 $96,672 $121,997
M 5 $107,340 $135,616
M 6 $118,847 $149,486
M 7 $131,002 $162,244
M 8 $110,453+
(5) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
GRADE HIRING JOB
RATE RATE
M/C 3 $24,406 $31,200
M/C 4 $25,483 $32,617
M/C 5 $27,012 $34,199
M/C 6 $28,158 $35,953
M/C 7 $29,782 $37,899
M/C 8 $31,416 $39,852
M/C 9 $33,211 $41,973
M/C 10 $35,001 $44,302
M/C 11 $37,124 $46,761
M/C 12 $39,082 $49,214
M/C 13 $41,357 $51,948
M/C 14 $43,814 $54,806
S. 2005--A 36 A. 3005--A
M/C 15 $46,252 $57,765
M/C 16 $48,859 $60,846
M/C 17 $51,630 $64,201
M/C 18 $51,905 $64,409
M/C 19 $54,688 $67,758
M/C 20 $57,476 $71,156
M/C 21 $60,576 $74,831
M/C 22 $63,832 $78,762
M/C 23 $67,104 $83,839
M 1 $72,429 $91,553
M 2 $80,327 $101,536
M 3 $89,152 $112,660
M 4 $98,605 $124,437
M 5 $109,487 $138,328
M 6 $121,224 $152,476
M 7 $133,622 $165,489
M 8 $112,662+
(6) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
GRADE HIRING JOB
RATE RATE
M/C 3 $24,894 $31,824
M/C 4 $25,993 $33,269
M/C 5 $27,552 $34,883
M/C 6 $28,721 $36,672
M/C 7 $30,378 $38,657
M/C 8 $32,044 $40,649
M/C 9 $33,875 $42,812
M/C 10 $35,701 $45,188
M/C 11 $37,866 $47,696
M/C 12 $39,864 $50,198
M/C 13 $42,184 $52,987
M/C 14 $44,690 $55,902
M/C 15 $47,177 $58,920
M/C 16 $49,836 $62,063
M/C 17 $52,663 $65,485
M/C 18 $52,943 $65,697
M/C 19 $55,782 $69,113
M/C 20 $58,626 $72,579
M/C 21 $61,788 $76,328
M/C 22 $65,109 $80,337
M/C 23 $68,446 $85,516
M 1 $73,878 $93,384
M 2 $81,934 $103,567
M 3 $90,935 $114,913
M 4 $100,577 $126,926
M 5 $111,677 $141,095
M 6 $123,648 $155,526
M 7 $136,294 $168,799
M 8 $114,915+
(7) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
GRADE HIRING JOB
RATE RATE
M/C 3 $25,143 $32,142
M/C 4 $26,253 $33,602
M/C 5 $27,828 $35,232
M/C 6 $29,008 $37,039
S. 2005--A 37 A. 3005--A
M/C 7 $30,682 $39,044
M/C 8 $32,364 $41,055
M/C 9 $34,214 $43,240
M/C 10 $36,058 $45,640
M/C 11 $38,245 $48,173
M/C 12 $40,263 $50,700
M/C 13 $42,606 $53,517
M/C 14 $45,137 $56,461
M/C 15 $47,649 $59,509
M/C 16 $50,334 $62,684
M/C 17 $53,190 $66,140
M/C 18 $53,472 $66,354
M/C 19 $56,340 $69,804
M/C 20 $59,212 $73,305
M/C 21 $62,406 $77,091
M/C 22 $65,760 $81,140
M/C 23 $69,130 $86,371
M 1 $74,617 $94,318
M 2 $82,753 $104,603
M 3 $91,844 $116,062
M 4 $101,583 $128,195
M 5 $112,794 $142,506
M 6 $124,884 $157,081
M 7 $137,657 $170,487
M 8 $116,064+
S 2. Subdivision 1 of section 19 of the correction law, as added by
section 2 of part B of chapter 491 of the laws of 2011, is amended to
read as follows:
1. This section shall apply to each superintendent of a correctional
facility appointed on or after August ninth, nineteen hundred seventy-
five and any superintendent heretofore appointed who elects to be
covered by the provisions thereof by filing such election with the
commissioner.
a. The salary schedule for superintendents of a correctional facility
with an inmate population capacity of four hundred or more inmates shall
be as follows:
Effective April first, two thousand eleven:
Hiring Rate Job Rate
$105,913 $144,535
Effective April first, two thousand fourteen:
Hiring Rate Job Rate
$108,031 $147,426
Effective April first, two thousand fifteen:
Hiring Rate Job Rate
$110,192 $150,375
EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
HIRING RATE JOB RATE
$112,396 $153,383
EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
HIRING RATE JOB RATE
$114,644 $156,451
EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
HIRING RATE JOB RATE
$116,937 $159,580
EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
HIRING RATE JOB RATE
S. 2005--A 38 A. 3005--A
$118,106 $161,176
b. The salary schedule for superintendents of correctional facilities
with an inmate population capacity of fewer than four hundred inmates
shall be as follows:
Effective April first, two thousand eleven:
Hiring Rate Job Rate
$82,363 $104,081
Effective April first, two thousand fourteen:
Hiring Rate Job Rate
$84,010 $106,163
Effective April first, two thousand fifteen:
Hiring Rate Job Rate
$85,690 $108,286
EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
HIRING RATE JOB RATE
$87,404 $110,452
EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
HIRING RATE JOB RATE
$89,152 $112,661
EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
HIRING RATE JOB RATE
$90,935 $114,914
EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
HIRING RATE JOB RATE
$91,844 $116,063
S 3. Compensation for certain state officers and employees. 1. The
provisions of this section, except subdivision 10 of this section, shall
apply to the following full-time state officers and employees. The
provisions of subdivision 10 shall apply only to those individuals spec-
ified therein.
(a) officers and employees whose positions are designated managerial
or confidential pursuant to article 14 of the civil service law;
(b) civilian state employees of the division of military and naval
affairs in the executive department whose positions are not in, or are
excluded from representation rights in, any recognized or certified
negotiating unit;
(c) officers and employees excluded from representation rights under
article 14 of the civil service law pursuant to rules or regulations of
the public employment relations board;
(d) officers and employees whose salaries are prescribed by section 19
of the correction law;
(e) officers and employees whose salaries are provided for by para-
graph (a) of subdivision 1 of section 215 of the executive law.
2. For such officers and employees the following increases shall
apply:
(a) Effective July 1, 2015, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
(b) Effective April 1, 2016, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
(c) Effective April 1, 2017, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
S. 2005--A 39 A. 3005--A
(d) Effective April 1, 2018, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by one percent adjusted to the nearest whole dollar amount.
3. If an unencumbered position is one that, if encumbered, would be
subject to the provisions of this section, the salary of such position
shall be increased by the salary increase amounts specified in this
section. If a position is created and is filled by the appointment of an
officer or employee who is subject to the provisions of this section,
the salary otherwise provided for such position shall be increased in
the same manner as though such position had been in existence but unen-
cumbered.
4. The increases in salary pursuant to this section shall apply on a
prorated basis in accordance with guidelines issued by the director of
the budget to officers and employees otherwise eligible to receive an
increase in salary pursuant to this act who are paid on an hourly or per
diem basis, employees serving on a part-time or seasonal basis, and
employees paid on any basis other than at an annual salary rate.
5. Notwithstanding any of the foregoing provisions of this section,
the provisions of this section shall not apply to the following except
as otherwise provided by law:
(a) officers or employees paid on a fee schedule basis;
(b) officers or employees whose salaries are prescribed by section 40,
60, or 169 of the executive law;
(c) officers or employees in collective negotiating units established
pursuant to article 14 of the civil service law.
(d) those officers or employees in subdivision 1 of this section who,
upon promotion or appointment to a position covered by this act that is
designated managerial or confidential, or one otherwise excluded from
representation under article 14 of the civil service law, were in a
position or are newly appointed to a position in a collective negotiat-
ing unit established pursuant to article 14 of the civil service law and
whose current or future salaries reflect the effect of the three percent
general salary increase effective April 1, 2009 and/or the four percent
general salary increase effective April 1, 2010 that they would have
received or will benefit from while a member of such bargaining unit. In
no event, however, should this exception result in the salary of an
officer or employee falling below the hiring rate for their respective
salary grade.
6. Officers and employees to whom the provisions of this section apply
who are incumbents of positions that are not allocated to salary grades
specified in paragraph d of subdivision 1 of section 130 of the civil
service law and whose salary is not prescribed in any other statute
shall receive the salary increases specified in subdivision two of this
section.
7. In order to provide performance advancements, merit awards, longev-
ity payments, in lieu payments and special achievement awards for the
officers and employees to whom this section applies who are not allo-
cated to salary grades in proportion to those provided to persons to
whom this section applies who are allocated to salary grades, the direc-
tor of the budget is authorized to add appropriate adjustments to the
compensation that such officers and employees are otherwise entitled to
receive. The director of the budget shall amend each agency's personal
service certificate to reflect the increases made pursuant to the
provisions of this subdivision, and the updated certificate will contin-
ue to be available to the state comptroller, the department of civil
S. 2005--A 40 A. 3005--A
service, the chairman of the senate finance committee and the chairman
of the assembly ways and means committee.
8. Notwithstanding any of the foregoing provisions of this section,
any increase in compensation for any officer or employee appointed to a
lower graded position from a redeployment list pursuant to subdivision 1
of section 79 of the civil service law who continues to receive his or
her former salary pursuant to such subdivision shall be determined on
the basis of such lower graded position provided, however, that the
increases in salary provided in subdivision two of this section shall
not cause such officer's or employee's salary to exceed the job rate of
any such lower graded position at salary grade.
9. Notwithstanding any of the foregoing provisions of this section or
of any law to the contrary, the director of the budget may reduce the
salary of any position which is vacant or which becomes vacant, so long
as the position, if encumbered, would be subject to the provisions of
this section. The director of the budget does not need to provide a
reason for such reduction.
10. Compensation for certain state employees in the state university
and certain employees of contract colleges at Cornell and Alfred univer-
sities.
(a) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
2018, the basic annual salary of incumbents of positions in the profes-
sional service in the state university that are designated, stipulated,
or excluded from negotiating units as managerial or confidential as
defined pursuant to article 14 of the civil service law, may be
increased pursuant to plans approved by the state university trustees.
Such increases in basic annual salary rates shall not exceed in the
aggregate two percent of the total basic annual salary rates in effect
on June 30, 2015, two percent of the total basic annual salary rates in
effect on March 31, 2016, two percent of the total basic annual salary
rates in effect on March 31, 2017 and one percent of the total basic
annual salary rates in effect on March 31, 2018.
(b) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
2018, the basic annual salary of incumbents of positions in the insti-
tutions under the management and control of Cornell and Alfred universi-
ties as representatives of the board of trustees of the state university
that, in the opinion of the director of employee relations, would be
designated managerial or confidential were they subject to article 14 of
the civil service law may be increased pursuant to plans approved by the
state university trustees. Such increases in basic annual salary rates
shall not exceed in the aggregate two percent of the total basic annual
salary rates in effect on June 30, 2015, two percent of the total basic
annual salary rates in effect on March 31, 2016, two percent of the
total basic annual salary rates in effect on March 31, 2017 and one
percent of the total basic annual salary rates in effect on March 31,
2018.
(c) During the period July 1, 2015 through March 31, 2019, the basic
annual salary of incumbents of positions in the non-professional service
that, in the opinion of the director of employee relations, would be
designated managerial or confidential were they subject to article 14 of
the civil service law, except those positions in the Cornell service and
maintenance unit that are subject to the terms of a collective bargain-
ing agreement between Cornell university and the employee organization
representing employees in such positions and except those positions in
the Alfred service and maintenance unit that are subject to the terms of
a collective bargaining agreement between Alfred university and the
S. 2005--A 41 A. 3005--A
employee organization representing employees in such positions, in
institutions under the management and control of Cornell and Alfred
universities as representatives of the board of trustees of the state
university may be increased pursuant to plans approved by the state
university trustees. Such plans may include new salary schedules which
shall supersede the salary schedules then in effect applicable to such
employees. Such plans shall provide for increases in basic annual sala-
ries, which, exclusive of performance advancement payments or merit
recognition payments, shall not exceed in the aggregate two percent of
the total basic annual salary rates in effect on June 30, 2015, two
percent of the total basic annual salary rates in effect on March 31,
2016, two percent of the total basic annual salary rates in effect on
March 31, 2017 and one percent of the total basic annual salary rates in
effect on March 31, 2018.
(d) For the purposes of this subdivision, the basic annual salary of
an employee is that salary that is obtained through direct appropriation
of state moneys for the purpose of paying wages. Nothing in this part
shall prevent increasing amounts paid to incumbents of such positions in
the professional service in addition to the basic annual salary,
provided, however, that the amounts required for such increase and the
cost of fringe benefits attributable to such increase, as determined by
the comptroller, are made available to the state in accordance with the
procedures established by the state university, with the approval of the
director of the budget, for such purposes.
(e) Notwithstanding any of the foregoing provisions of this section or
any law to the contrary, any increase in compensation may be withheld in
whole or in part from any employee to whom the provisions of this
section apply pursuant to section seven of this act.
S 4. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year commencing April 1, 2015 by the
foregoing provisions of this act for any state department or agency from
any appropriation or other funds available to such state department or
agency for personal service or for other related employee benefits
during such fiscal year. To the extent that such appropriations in any
fund, or combinations of funds, are insufficient to accomplish the
purposes herein set forth, the director of the budget is authorized to
allocate to any department and agency funds, from any appropriations
available in any other department's or agency's fund or funds, the
amounts necessary to pay such amounts.
S 5. Effect of participation in special annuity program. No officer or
employee participating in a special annuity program pursuant to the
provision of article 8-C of the education law shall, by reason of an
increase in compensation pursuant to this act, suffer any reduction of
the salary adjustment to which that employee would otherwise be entitled
by reason of participation in such program, and such salary adjustment
shall be based upon the salary of such officer or employee without
regard to the reduction authorized by such article.
S 6. Date of entitlement to salary increase. Notwithstanding the
provisions of this act or of any other law, the increase in salary or
compensation of any officer or employee provided by this act shall be
added to the salary or compensation of such officer or employee at the
beginning of that payroll period the first day of which is nearest to
the effective date of such increase as provided in this act, or at the
beginning of the earlier of two payroll periods the first days of which
are nearest but equally near to the effective date of such increase as
provided in this act, provided, however, that for the purposes of deter-
S. 2005--A 42 A. 3005--A
mining the salary of such officer or employee upon reclassification,
reallocation, appointment, promotion, transfer, demotion, reinstatement
or other change of status, such salary increase shall be deemed to be
effective on the date thereof as prescribed in this act, and the payment
thereof pursuant to this section on a date prior thereto, instead of on
such effective date, shall not operate to confer any additional salary
rights or benefits on such officer or employee.
S 7. 1. Notwithstanding the provisions of any other section of this
act or any other provision of law to the contrary, any increase in
compensation, provided: (a) in this act, or (b) as a result of a
promotion, appointment, or advancement to a position in a higher salary
grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131
of the civil service law, or (d) pursuant to paragraph (b) of subdivi-
sion 8 of section 130 of the civil service law, or (e) pursuant to para-
graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of
1988, as amended, may be withheld in whole or in part from any officer
or employee when, in the opinion of the director of the budget, such
withholding is necessary to reflect the job performance of such officer
or employee, or to maintain appropriate salary relationships among offi-
cers or employees of the state, or to reduce state expenditures to
acceptable levels or when, in the opinion of the director of the budget,
such increase is not warranted or is not appropriate.
2. Notwithstanding the provisions of any other section of this act the
salary increases provided for in this act shall not be implemented until
the director of the budget delivers notice to the comptroller that such
amounts may be paid.
S 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART I
Section 1. 1. On the first of June of every fourth year, commencing
June 1, 2015, there shall be established for such year a commission on
executive and legislative compensation to examine, evaluate and make
recommendations with respect to adequate levels of compensation and
non-salary benefits for the governor, lieutenant governor, attorney
general, comptroller, those state officers referred to in section 169 of
the executive law and members of the legislature.
2. In accordance with the provisions of this section, the commission
shall examine the prevailing adequacy of pay levels and other benefits,
including without limitation the necessity for and level of per diem and
reimbursements for expenses, and allowances for legislators permitted
pursuant to section 5-a of the legislative law, received by the gover-
nor, lieutenant governor, attorney general, comptroller, those state
officers referred to in section 169 of the executive law and members of
the legislature and determine whether any of such pay levels and other
benefits warrant elimination or adjustment.
3. In discharging its responsibilities under subdivision two of this
section, the commission shall take into account all appropriate factors
including, but not limited to: the overall economic climate; rates of
inflation; changes in public-sector spending; the levels of compensation
and non-salary benefits received by executive branch officials and
legislators of other states and of the federal government; the levels of
compensation and non-salary benefits received by professionals in
government, academia and private and nonprofit enterprise; and the
S. 2005--A 43 A. 3005--A
state's ability to fund increases in compensation and non-salary bene-
fits.
4. (a) In so discharging its duties, in the event the commission
determines that the pay level for members of the legislature warrants an
adjustment, then such adjustment shall consist of a two-tiered level of
pay. The first tier shall be a salary for members of the legislature who
agree to not receive income from compensated employment, directorships
and other fiduciary positions, contractual arrangements, and partner-
ships (collectively referred to as "income from outside sources") other
than the salary received as a legislator for the upcoming legislative
session; the second tier shall be a salary set lower than the aforemen-
tioned salary for members of the legislature who elect to receive income
from outside sources for the upcoming legislative session.
(b) The commission shall consider whether there should be a cap on
income from outside sources a legislator may receive and may recommend
the imposition of such a cap as a condition to receiving a second tier
adjustment in pay. Notwithstanding any limitations in section 73 or
73-a of the public officers law to the contrary, in responding to ques-
tions 8 and 13 of the statutorily mandated financial disclosure state-
ment, to receive a second tier adjustment in pay, a legislator must
disclose, without limitation, the source of all such income and the
names of all clients, if any, for whom such services were performed, and
shall be barred from representing any person or entity before any state
agency.
(c) A legislator must declare and attest prior to entering upon the
term of office beginning with the legislative session beginning in Janu-
ary 2017, whether he or she will elect to receive a salary based on the
receipt of income from outside sources or not and such salary shall be
set forth for that individual for two years until the commencement of
the next legislative session.
S 2. 1. The commission shall consist of three members to be appointed
as follows: one shall be appointed by the governor and shall serve as
chair of the commission; one shall be appointed by the temporary presi-
dent of the senate; and one shall be appointed by the speaker of the
assembly. Vacancies in the commission shall be filled in the same
manner as original appointments. To the extent practicable, members of
the commission shall have experience in one or more of the following:
determination of executive compensation, human resource administration
or financial management.
2. The commission shall only meet within the state, may hold public
hearings and shall have all the powers of a legislative committee pursu-
ant to the legislative law. It shall be governed by articles 6, 6-A and
7 of the public officers law. The commission shall hold at least four
public hearings each of which shall be held at a different site in New
York in order to gather input from the people of New York around the
state.
3. The members of the commission shall receive no compensation for
their services but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
4. No member of the commission shall be disqualified from holding any
other public office or employment, nor shall he or she forfeit any such
office or employment by reason of his or her appointment pursuant to
this section, notwithstanding the provisions of any general, special or
local law, regulation, ordinance or city charter.
5. To the maximum extent feasible, the commission shall be entitled to
request and receive and shall utilize and be provided with such facili-
S. 2005--A 44 A. 3005--A
ties, resources and data of any court, department, division, board,
bureau, commission, agency or public authority of the state or any poli-
tical subdivision thereof as it may reasonably request to carry out
properly its powers and duties pursuant to this section.
6. The commission may request, and shall receive, reasonable assist-
ance from state agency personnel as necessary for the performance of its
function.
7. The commission shall make a report to the governor and the legisla-
ture and shall publish on the internet its findings, conclusions, deter-
minations and recommendations, if any, not later than one hundred fifty
days after its establishment. The entire report must be agreed to by
unanimous vote of the members of the commission for the report to
constitute a report of the commission. Only upon such approval, shall
the commission draft legislation necessary to implement its recommenda-
tions and send such legislation to the governor and to the legislature
for consideration.
8. Upon the making of its report as provided in subdivision seven of
this section, each commission established pursuant to this section shall
be deemed dissolved.
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, 2015.
PART J
Section 1. Subdivision 2 of section 164 of the civil service law, as
added by section 1 of part W of chapter 56 of the laws of 2008, is
amended to read as follows:
2. [During the fiscal year two thousand eight--two thousand nine, the]
THE president [shall] MAY establish an amnesty period [not to exceed
sixty days]. During [this] AN amnesty period when any employee enrolled
in the plan voluntarily identifies any ineligible dependent:
(a) the termination of the ineligible dependent's coverage resulting
from such employee's timely compliance shall be made on a current basis;
(b) the plan shall not seek recovery of any claims paid based on the
coverage of the ineligible dependent;
(c) the employee shall not be entitled to any refund of premium paid
on behalf of any such ineligible dependent; and
(d) the employee shall not be subject to any disciplinary, civil or
criminal action, directly as a result of the coverage of the ineligible
dependent.
S 2. This act shall take effect immediately.
PART K
Section 1. Subdivisions 2 and 3 of section 92-cc of the state finance
law, subdivision 2 as amended by section 17 of part U of chapter 59 of
the laws of 2012 and subdivision 3 as added by chapter 1 of the laws of
2007, are amended to read as follows:
2. Such fund shall have a maximum balance not to exceed [three] EIGHT
per centum of the aggregate amount projected to be disbursed from the
general fund during the fiscal year immediately following the then-cur-
rent fiscal year. At the request of the director of the budget, the
state comptroller shall transfer monies to the rainy day reserve fund up
to and including an amount equivalent to [three-tenths of] one per
centum of the aggregate amount projected to be disbursed from the gener-
al fund during the then-current fiscal year, unless such transfer would
S. 2005--A 45 A. 3005--A
increase the rainy day reserve fund to an amount in excess of [three]
EIGHT per centum of the aggregate amount projected to be disbursed from
the general fund during the fiscal year immediately following the then-
current fiscal year, in which event such transfer shall be limited to
such amount as will increase the rainy day reserve fund to such [three]
EIGHT per centum limitation.
3. a. The amounts available in such reserve may be used if the follow-
ing conditions are met:
(i) Economic downturn. The commissioner of labor shall calculate and
publish, on or before the fifteenth day of each month, a composite index
of business cycle indicators. Such index shall be calculated using
monthly data on New York state employment, total manufacturing hours
worked, and unemployment prepared by the department of labor or its
successor agency, and total sales tax collected net of law changes,
prepared by the department of taxation and finance or its successor
agency. Such index shall be constructed in accordance with the proce-
dures for calculating composite indexes issued by the conference board
or its successor organization, and adjusted for seasonal variations in
accordance with the procedures issued by the census bureau of the United
States department of commerce or its successor agency. If the composite
index declines for [five] THREE consecutive months, the commissioner of
labor shall notify the governor, the speaker of the assembly, the tempo-
rary president of the senate, and the minority leaders of the assembly
and the senate. Upon such notification, the director of the budget may
authorize and direct the comptroller to transfer from the rainy day
reserve fund to the general fund such amounts as the director of the
budget deems necessary to meet the requirements of the state financial
plan. The authority to transfer funds under the provisions of this
subdivision shall lapse when the composite index shall have increased
for [five] THREE consecutive months or twelve months from the original
notification of the commissioner of labor, whichever occurs earlier.
Provided, however, that for every additional and consecutive monthly
decline succeeding the [five] THREE month decline so noted by the
commissioner of labor, the twelve month lapse date shall be extended by
one additional month; or
(ii) Catastrophic events. In the event of a need to repel invasion,
suppress insurrection, defend the state in war, or to respond to any
other emergency resulting from a disaster, including but not limited to,
a disaster caused by an act of terrorism, the director of the budget may
authorize and direct the comptroller to transfer from the rainy day
reserve fund to the general fund such amounts as the director of the
budget deems necessary to meet the requirements of the state financial
plan.
b. Prior to authorizing any transfer from the rainy day reserve fund
pursuant to the provisions of this section, the director of the budget
shall notify the speaker of the assembly, the temporary president of the
senate, and the minority leaders of the assembly and the senate. Such
letter shall specify the reasons for the transfer and the amount there-
of. Any amounts transferred from the rainy day reserve fund to the
general fund shall be subject to all the repayment provisions of this
section.
S 2. Paragraphs a-1 and a-2 of subdivision 3 of section 22 of the
state finance law are REPEALED, a new paragraph a-1 is added, and para-
graph a-3, as added by chapter 10 of the laws of 2006, is renumbered
paragraph a-2 and amended to read as follows:
S. 2005--A 46 A. 3005--A
A-1. FOR EACH STATE AGENCY, THE DISBURSEMENTS FOR THE PRIOR TWO STATE
FISCAL YEARS AND THE DISBURSEMENTS ESTIMATED TO BE MADE BEFORE THE CLOSE
OF THE CURRENT STATE FISCAL YEAR RELATED TO STATE AGENCY CONTRACTS FOR
CONSULTING SERVICES MADE FOR STATE PURPOSES.
a-2. For each state agency, the estimated number of FULL-TIME EQUIV-
ALENT employees hired for the current fiscal year [and anticipated to be
hired during the ensuing fiscal year] pursuant to contracts for services
made for state purposes based upon PLANNED AND annual employment reports
submitted by contractors pursuant to section one hundred sixty-three of
this chapter.
S 3. The retirement and social security law is amended by adding a new
section 809 to read as follows:
S 809. RETIREMENT SYSTEM REPORTING. THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE POLICE AND FIRE RETIRE-
MENT SYSTEM, THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS'
RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE NEW YORK
CITY FIRE PENSION FUND, AND THE NEW YORK CITY BOARD OF EDUCATION RETIRE-
MENT SYSTEM SHALL REPORT ESTIMATED EMPLOYER PENSION CONTRIBUTION RATES
EXPRESSED AS A PERCENTAGE OF EMPLOYER PAYROLL FOR THE NEXT FISCAL YEAR
AND TWO ENSUING FISCAL YEARS, OR NEXT SCHOOL YEAR AND TWO ENSUING SCHOOL
YEARS, AS APPLICABLE TO SUCH RETIREMENT SYSTEMS AND AS APPROPRIATE FOR
ALL PARTICIPATING EMPLOYERS. SUCH RETIREMENT SYSTEM SHALL FILE THE
APPROPRIATE REPORT WITH THE DIRECTOR OF THE BUDGET AND CHAIRPERSON OF
THE SENATE FINANCE COMMITTEE AND ASSEMBLY WAYS AND MEANS COMMITTEE AND
ALSO MAKE THE REPORT AVAILABLE ON THEIR PUBLIC INTERNET WEBSITE. SUCH
REPORTING SHALL OCCUR ANNUALLY BY SEPTEMBER FIRST OF THE CURRENT YEAR
AND SHALL BE IN ADDITION TO ANY OTHER REPORTING REQUIREMENT IN LAW.
S 4. This act shall take effect immediately.
PART L
Section 1. Paragraph b of subdivision 2 of section 54-1 of the state
finance law, as amended by section 1 of part X of chapter 55 of the laws
of 2014, is amended to read as follows:
b. Within the amounts appropriated therefor, eligible municipalities
shall receive an amount equal to [seventy] FIFTY-FIVE percent of the
state aid payment received in the state fiscal year commencing April
first, two thousand eight from an appropriation for aid to munici-
palities with video lottery gaming facilities.
S 2. This act shall take effect immediately.
PART M
Section 1. Section 3 of chapter 674 of the laws of 1993, amending the
public buildings law relating to value limitations on contracts, as
amended by chapter 61 of the laws of 2013, is amended to read as
follows:
S 3. This act shall take effect immediately and shall remain in full
force and effect only until June 30, [2015] 2017.
S 2. Subdivision 2 of section 9 of the public buildings law, as
amended by chapter 84 of the laws of 2007, is amended to read as
follows:
2. Notwithstanding any other provision of this law or any general or
special law, where there is a construction emergency, as defined by
subdivision one of this section, the commissioner of general services
S. 2005--A 47 A. 3005--A
may, upon written notice of such construction emergency from an author-
ized officer of the department or agency having jurisdiction of the
property, let emergency contracts for public work or the purchase of
supplies, materials or equipment without complying with formal compet-
itive bidding requirements, provided that all such contracts shall be
subject to the approval of the attorney general and the comptroller and
that no such contract shall exceed [three hundred thousand] ONE MILLION
dollars. Such emergency contracts shall be let only for work necessary
to remedy or ameliorate a construction emergency.
S 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 2 of section 9 of the public buildings law
made by section two of this act shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.
PART N
Section 1. The second undesignated paragraph of section 6 of the
public buildings law, as amended by chapter 237 of the laws of 1992, is
amended to read as follows:
Notwithstanding any inconsistent provisions of law, the commissioner
of general services may by rules delegate to the agency or department
having custody of any public building full responsibility for the prepa-
ration of plans and specifications and the supervision of minor, routine
or uncomplicated construction, reconstruction, alteration, improvement
or repair of any such building, providing the value of such work shall
not exceed ONE HUNDRED fifty thousand dollars.
S 2. This act shall take effect immediately.
PART O
Section 1. The state finance law is amended by adding a new section
93-b to read as follows:
S 93-B. DEDICATED INFRASTRUCTURE INVESTMENT FUND. 1. DEDICATED INFRAS-
TRUCTURE INVESTMENT FUND. (A) THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DEDICATED INFRASTRUCTURE
INVESTMENT FUND".
(B) ACCOUNT. THE DEDICATED INFRASTRUCTURE INVESTMENT FUND SHALL
CONSIST OF ONE ACCOUNT, THE "INFRASTRUCTURE INVESTMENT ACCOUNT". MONEYS
IN THIS ACCOUNT SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH ANY OTHER
MONEYS IN THE CUSTODY OF THE COMPTROLLER.
(C) SOURCES OF FUNDS. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS
COLLECTED THEREFOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW OR ANY OTHER
MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE FUND. ANY INTEREST
RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT SHALL BE RETAINED AND
BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED BY LAW.
2. USES OF FUNDS. FOLLOWING APPROPRIATION BY THE LEGISLATURE, MONEYS
IN THE INFRASTRUCTURE INVESTMENT ACCOUNT SHALL BE AVAILABLE TO FINANCE
AND/OR REIMBURSE PROJECTS, WORKS, ACTIVITIES OR PURPOSES NECESSARY TO
SUPPORT STATEWIDE INVESTMENTS AS APPROPRIATED BY THE LEGISLATURE FROM
ANY CAPITAL PROJECTS FUND. NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT IN ANY WAY THE PROJECTS, WORKS, ACTIVITIES OR
PURPOSES THAT CAN BE FINANCED FROM THIS ACCOUNT, INCLUDING BUT NOT
LIMITED TO LOANS OF MONEY TO PUBLIC CORPORATIONS OR AUTHORITIES UNDER
TERMS APPROVED BY THE DIRECTOR OF THE BUDGET.
S. 2005--A 48 A. 3005--A
3. TRANSFERS. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE
CONTRARY, FOR THE STATE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOU-
SAND FIFTEEN, THE COMPTROLLER IS HEREBY AUTHORIZED TO TRANSFER MONIES
FROM THE DEDICATED INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND,
AND FROM THE GENERAL FUND TO THE DEDICATED INFRASTRUCTURE INVESTMENT
FUND, IN AN AMOUNT DETERMINED BY THE DIRECTOR OF THE BUDGET TO THE
EXTENT MONEYS ARE AVAILABLE IN THE FUND; PROVIDED, HOWEVER, THAT THE
COMPTROLLER IS ONLY AUTHORIZED TO TRANSFER MONIES FROM THE DEDICATED
INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND IN THE EVENT OF AN
ECONOMIC DOWNTURN AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; FOR
THE PURPOSE OF DISASTER READINESS, RESPONSE AND RESILIENCY AS DESCRIBED
IN PARAGRAPH (B) OF THIS SUBDIVISION; AND/OR TO OFFSET DECLINES IN
FEDERAL MEDICARE AND MEDICAID REVENUES IN EXCESS OF ONE HUNDRED MILLION
DOLLARS FROM ANTICIPATED LEVELS, AS DETERMINED BY THE DIRECTOR OF THE
BUDGET AND DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
(A) ECONOMIC DOWNTURN. NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR
THE PURPOSE OF THIS SECTION, THE COMMISSIONER OF LABOR SHALL CALCULATE
AND PUBLISH, ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, A COMPOSITE
INDEX OF BUSINESS CYCLE INDICATORS. SUCH INDEX SHALL BE CALCULATED USING
MONTHLY DATA ON NEW YORK STATE EMPLOYMENT, TOTAL MANUFACTURING HOURS
WORKED, AND UNEMPLOYMENT PREPARED BY THE DEPARTMENT OF LABOR OR ITS
SUCCESSOR AGENCY, AND TOTAL SALES TAX COLLECTED NET OF LAW CHANGES,
PREPARED BY THE DEPARTMENT OF TAXATION AND FINANCE OR ITS SUCCESSOR
AGENCY. SUCH INDEX SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE PROCE-
DURES FOR CALCULATING COMPOSITE INDEXES ISSUED BY THE CONFERENCE BOARD
OR ITS SUCCESSOR ORGANIZATION, AND ADJUSTED FOR SEASONAL VARIATIONS IN
ACCORDANCE WITH THE PROCEDURES ISSUED BY THE CENSUS BUREAU OF THE UNITED
STATES DEPARTMENT OF COMMERCE OR ITS SUCCESSOR AGENCY. IF THE COMPOSITE
INDEX DECLINES FOR THREE CONSECUTIVE MONTHS, THE COMMISSIONER OF LABOR
SHALL NOTIFY THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE MINORITY LEADERS OF THE ASSEMBLY AND
THE SENATE. UPON SUCH NOTIFICATION, THE DIRECTOR OF THE BUDGET MAY
AUTHORIZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM THE DEDICATED
INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE
DIRECTOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE
STATE FINANCIAL PLAN.
(B) DISASTER READINESS, RESPONSE AND RESILIENCY. NOTWITHSTANDING ANY
LAW TO THE CONTRARY, IN ORDER TO PREPARE FOR, PREVENT, DETER OR RESPOND
TO ACTS OF TERRORISM; NATURAL OR MAN-MADE DISASTERS; PUBLIC SAFETY,
HEALTH, AND/OR OTHER EMERGENCIES, THE DIRECTOR OF THE BUDGET MAY AUTHOR-
IZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRAS-
TRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE DIREC-
TOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE STATE
FINANCIAL PLAN.
(C) FEDERAL MEDICARE AND MEDICAID REVENUES. NOTWITHSTANDING ANY LAW TO
THE CONTRARY, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE AND DIRECT THE
COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRASTRUCTURE INVESTMENT
FUND TO THE GENERAL FUND AN AMOUNT NOT TO EXCEED THE DECLINE FROM ANTIC-
IPATED LEVELS OF FEDERAL MEDICARE AND MEDICAID REVENUES. IN THE EVENT
THIS AUTHORIZATION IS UTILIZED, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE
AND DIRECT THE COMPTROLLER TO TRANSFER SUCH AMOUNT AND THE CONCOMITANT
REDUCTION IN STATE SHARE MEDICARE AND MEDICAID REVENUES FROM THE GENERAL
FUND TO THE MISCELLANEOUS SPECIAL REVENUE FUND, MENTAL HYGIENE PROGRAM
FUND (21907), THE MISCELLANEOUS SPECIAL REVENUE FUND, PATIENT INCOME
ACCOUNT (21909), AND THE MEDICAID MANAGEMENT INFORMATION SYSTEM (MMIS)
STATEWIDE ESCROW FUND (60901).
S. 2005--A 49 A. 3005--A
(D) PRIOR TO AUTHORIZING ANY TRANSFER FROM THE DEDICATED INFRASTRUC-
TURE INVESTMENT FUND ACCOUNTS PURSUANT TO THE PROVISIONS OF THIS
SECTION, THE DIRECTOR OF THE BUDGET SHALL NOTIFY THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY LEAD-
ERS OF THE ASSEMBLY AND THE SENATE. SUCH LETTER SHALL SPECIFY THE
REASONS FOR THE TRANSFER AND THE AMOUNT THEREOF.
S 2. This act shall take effect immediately.
PART P
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 account (20451).
2. Proprietary vocational school supervision account (20452).
3. Local government records management account (20501).
4. Child health plus program account (20810).
5. EPIC premium account (20818).
6. Education - New (20901).
7. VLT - Sound basic education fund (20904).
8. Sewage treatment program management and administration fund
(21000).
9. Hazardous bulk storage account (21061).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. OPWDD provider of service account (21903).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. New York Metropolitan Transportation Council account (21913).
30. State university dormitory income reimbursable account (21937).
31. Energy research account (21943).
32. Criminal justice improvement account (21945).
33. Fingerprint identification and technology account (21950).
34. Environmental laboratory reference fee account (21959).
35. Clinical laboratory reference system assessment account (21962).
36. Indirect cost recovery account (21978).
37. High school equivalency program account (21979).
38. Multi-agency training account (21989).
39. Bell jar collection account (22003).
40. Industry and utility service account (22004).
S. 2005--A 50 A. 3005--A
41. Real property disposition account (22006).
42. Parking account (22007).
43. Asbestos safety training program account (22009).
44. Batavia school for the blind account (22032).
45. Investment services account (22034).
46. Surplus property account (22036).
47. Financial oversight account (22039).
48. Regulation of indian gaming account (22046).
49. Rome school for the deaf account (22053).
50. Seized assets account (22054).
51. Administrative adjudication account (22055).
52. Federal salary sharing account (22056).
53. New York City assessment account (22062).
54. Cultural education account (22063).
55. Local services account (22078).
56. DHCR mortgage servicing account (22085).
57. Department of motor vehicles compulsory insurance account (22087).
58. Housing indirect cost recovery account (22090).
59. Accident prevention course program account (22094).
60. DHCR-HCA application fee account (22100).
61. Low income housing monitoring account (22130).
62. Corporation administration account (22135).
63. Montrose veteran's home account (22144).
64. Deferred compensation administration account (22151).
65. Rent revenue other New York City account (22156).
66. Rent revenue account (22158).
67. Tax revenue arrearage account (22168).
68. State university general income offset account (22654).
69. State police motor vehicle law enforcement account (22802).
70. Highway safety program account (23001).
71. EFC drinking water program account (23101).
72. DOH drinking water program account (23102).
73. NYCCC operating offset account (23151).
74. Commercial gaming revenue account (23701).
75. Commercial gaming regulation account (23702).
76. Highway and bridge capital account (30051).
77. State university residence hall rehabilitation fund (30100).
78. State parks infrastructure account (30351).
79. Clean water/clean air implementation fund (30500).
80. Hazardous waste remedial cleanup account (31506).
81. Youth facilities improvement account (31701).
82. Housing assistance fund (31800).
83. Housing program fund (31850).
84. Highway facility purpose account (31951).
85. Information technology capital financing account (32215).
86. New York racing account (32213).
87. Mental hygiene facilities capital improvement fund (32300).
88. Correctional facilities capital improvement fund (32350).
89. New York State Storm Recovery Capital Fund (33000).
90. OGS convention center account (50318).
91. Centralized services fund (55000).
92. Archives records management account (55052).
93. Federal single audit account (55053).
94. Civil service law section II administrative account (55055).
95. Civil service EHS occupational health program account (55056).
96. Banking services account (55057).
S. 2005--A 51 A. 3005--A
97. Cultural resources survey account (55058).
98. Neighborhood work project (55059).
99. Automation & printing chargeback account (55060).
100. OFT NYT account (55061).
101. Data center account (55062).
102. Intrusion detection account (55066).
103. Domestic violence grant account (55067).
104. Centralized technology services account (55069).
105. Labor contact center account (55071).
106. Human services contact center account (55072).
107. Tax contact center account (55073).
108. Executive direction internal audit account (55251).
109. CIO Information technology centralized services account (55252).
110. Health insurance internal service account (55300).
111. Civil service employee benefits division administrative account
(55301).
112. Correctional industries revolving fund (55350).
113. Employees health insurance account (60201).
114. Medicaid management information system escrow fund (60900).
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 and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
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, 2016, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $14,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
5. $552,000 from the miscellaneous special revenue fund, consumer food
industry account (21966), to the general fund.
Education:
1. $2,219,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
S. 2005--A 52 A. 3005--A
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $952,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. Moneys from the state lottery fund 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 (20500) to the archives partnership trust fund (20350).
5. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
6. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
7. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
8. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
9. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
10. $45,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2015 through March 31,
2016.
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
2. $2,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund as neces-
sary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous special
revenue fund, I love NY water account (21930).
5. $18,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $8,500,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. $25,000,000 from the environmental protection fund, environmental
protection transfer account (30451), 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
S. 2005--A 53 A. 3005--A
revenue fund, office of human resources development state match account
(21967).
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, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $166,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund, office of
temporary and disability assistance program account (21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $65,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $3,100,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).
3. $192,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
6. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
7. $19,900,000 from the general fund to the miscellaneous special
revenue fund, alcoholic beverage control account (22033).
8. $23,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
9. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
10. $1,000,000 from the miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
11. $21,794,000 from the general fund to the internal service fund,
COPS account (55013).
S. 2005--A 54 A. 3005--A
12. $8,360,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
13. $5,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the miscellaneous capital projects
fund, workers' compensation board IT business process design fund.
Health:
1. $30,000,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
2. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), an
amount equal to the monies collected and deposited into that account in
the previous fiscal year.
3. $250,000 from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $500,000 from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
5. $30,295,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
6. $30,000,000 from any of the department of health accounts within
the federal health and human services fund to the miscellaneous special
revenue fund, quality of care account (21915).
7. $6,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund.
8. $1,000,000 from the miscellaneous special revenue fund, adminis-
tration program account (21982), to the miscellaneous capital projects
fund, healthcare IT capital account (32216).
9. $1,000,000 from the miscellaneous special revenue fund, vital
records account (22103), to the miscellaneous capital projects fund,
healthcare IT capital account (32216).
10. $55,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
11. $3,700,000 from the miscellaneous New York state agency fund,
Medicaid recoveries account (60615), to the general fund.
12. $6,740,000 from the general fund to the medical marihuana trust
fund, medical marihuana - DOH account.
13. $4,096,000 from the HCRA resources fund (20800), to the miscella-
neous special revenue fund, cigarette strike force account.
14. $3,086,000 from the miscellaneous special revenue fund, certif-
icate of need account (21920), to the general fund.
Labor:
1. $400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
3. $3,300,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
Mental Hygiene:
S. 2005--A 55 A. 3005--A
1. $10,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the miscellaneous special
revenue fund, federal salary sharing account (22056).
2. $15,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the miscellaneous special
revenue fund, provider of service accounts (21903).
3. $15,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the miscellaneous special
revenue fund, provider of service account (21903).
4. $1,400,000,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
5. $1,850,000,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene program fund account (21907).
6. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
7. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the general fund.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $13,000,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $3,000,000 from the federal miscellaneous operating grants fund,
DMNA damage account (25324), to the general fund.
5. $14,300,000 from the general fund to the miscellaneous special
revenue fund, crimes against revenue program account (22015).
6. $22,900,000 from the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
7. $50,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
8. $106,000,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
9. $21,500,000 from the general fund to the correctional facilities
capital improvement fund (32350).
10. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
11. $5,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
12. $2,900,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
13. $300,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund to
the miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
S. 2005--A 56 A. 3005--A
2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
3. $15,700,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the general fund.
4. $14,878,096 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
5. $685,609,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
6. $606,000 from the miscellaneous special revenue fund, accident
prevention course program account (22094), to the general fund.
7. $6,000 from the miscellaneous special revenue fund, motorcycle
safety account (21976), to the general fund.
8. $309,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
9. $20,000,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance account (21402),
to the general debt service fund (40151), for reimbursement of the
state's expenses in connection with payments of debt service and related
expenses for the metropolitan transportation authority's state service
contract bonds.
10. $5,000,000 from the miscellaneous special revenue fund, transpor-
tation regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
11. $121,548,000 from the mass transportation operating assistance
fund, metropolitan mass transportation operating assistance account
(21402), to the transit assistance for capital investments fund, metro-
politan transit assistance for capital investments account, for
disbursements made from such fund pursuant to a chapter of the laws of
2015.
Miscellaneous:
1. $200,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $1,000,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $4,550,000,000 from the general fund to the dedicated infrastruc-
ture investment fund infrastructure investment account.
6. Upon request of the director of the budget, up to $850,000,000 from
the general fund to any special revenue fund or account, agency fund or
account, or any combination of funds or accounts.
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, 2016:
1. Upon request of the commissioner of environmental conservation, up
to $11,354,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,285,400 from
the environmental protection and oil spill compensation fund (21200),
S. 2005--A 57 A. 3005--A
and $1,779,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
6. Upon request of the commissioner of health up to $5,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
S 4. On or before March 31, 2016, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
S 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the 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 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2016, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
S 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2016, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
S 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
S. 2005--A 58 A. 3005--A
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2016.
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, upon request of the director of the budget, up
to $69,264,000 from the general fund to the state university income
fund, state university hospitals income reimbursable account (22656)
during the period July 1, 2015 through June 30, 2016 to reflect ongoing
state subsidy of SUNY hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
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, upon request of the director of the budget, up
to $987,050,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2015 through June 30, 2016 to support operations at
the state university.
S 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $3,370,000 from the general fund to the state university income fund,
state university general revenue offset account (22655) during the peri-
od of April 1, 2015 through June 30, 2015 to support operations at the
state university.
S 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2016.
S 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2016.
S. 2005--A 59 A. 3005--A
S 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in a net amount not
to exceed $80 million.
S 15. 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, 2016, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special revenue fund, federal
salary sharing account (22056), or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
S 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2015-16 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
S 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207) or the miscellaneous capital projects
fund, information technology capital financing account (32215), for the
purpose of consolidating technology procurement and services. The
amounts transferred to the miscellaneous special revenue fund, technolo-
gy financing account (22207) pursuant to this authorization shall be
equal to or less than the amount of such monies intended to support
information technology costs which are attributable, according to a
plan, to such account made in pursuance to an appropriation by law.
Transfers to the technology financing account shall be completed from
amounts collected by non-general funds or accounts pursuant to a fund
deposit schedule or permanent statute, and shall be transferred to the
technology financing account pursuant to a schedule agreed upon by the
affected agency commissioner. Transfers from funds that would result in
the loss of eligibility for federal benefits or federal funds pursuant
to federal law, rule, or regulation as assented to in chapter 683 of the
laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
S 18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
S. 2005--A 60 A. 3005--A
and directed to transfer, at the request of the director of the budget,
up to $300 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
S 19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to (i) make a contribution to the
state treasury to the credit of the general fund, or as otherwise
directed in writing by the director of the budget, in an amount of up to
$90,000,000 for the state fiscal year commencing April 1, 2015, the
proceeds of which will be utilized to support energy-related initiatives
of the state, or for economic development purposes, and (ii) transfer up
to $25,000,000 of any such contribution by June 30, 2015 and the remain-
der of any such contribution by March 31, 2016. Such economic develop-
ment purposes may include, but shall not be limited to, efforts to
attract and expand business investment and job creation in New York
state through the Open for Business program, provided that in the event
any contributed funds are used by a state agency or public authority for
the purpose of advertising and promoting the benefits of the START-UP NY
program, no more than sixty percent of the contributed funds used for
such purpose shall be used for advertising and promotion outside the
state of New York.
S 20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York State energy research and development authority
is authorized and directed to make a contribution to the state treasury
to the credit of the general fund in the amount of $36,000,000 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation under the Regional Greenhouse Gas Initiative on or before
March 31, 2016.
S 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 20 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[fourteen] FIFTEEN, the state comptroller is hereby authorized and
directed to deposit to the fund created pursuant to this section from
amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$3,429,375,000] $3,230,679,000, as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [fourteen] FIFTEEN.
S. 2005--A 61 A. 3005--A
S 22. 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 by a chapter of the laws of 2015. Reimbursements shall be
available for spending from appropriations made to the department of
corrections and community supervision in the general fund-state purposes
accounts by a chapter of the laws of 2015 for costs associated with the
administration and security of capital projects and for other costs
which are attributable, according to a plan, to such capital projects.
S 23. 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. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
S 24. Subdivision 8 of section 68-b of the state finance law, as
amended by section 44 of part HH of chapter 57 of the laws of 2013, 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] ANY AUTHORIZED ISSUER may issue revenue
bonds for any authorized purpose [of any other such authorized issuer
through March thirty-first, two thousand fifteen]. The authorized
issuers shall not issue any 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 25. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 28 of part I of chapter 55 of the laws
of 2014, 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
S. 2005--A 62 A. 3005--A
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one] TWO hundred
[eighty-two] SIXTY-NINE million [four] ONE hundred forty 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 pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
S 26. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 51 to read as follows:
S 51. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
THE PURPOSE OF FUNDING PROJECT COSTS FOR THE NONPROFIT INFRASTRUCTURE
CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCIATED WITH SUCH
CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO
BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED 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. SUCH
BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES
PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE NONPROFIT
INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCI-
ATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY
AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITO-
RY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH SHALL
EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE
DIRECTOR OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE URBAN DEVEL-
OPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM
NOT TO EXCEED THE 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
S. 2005--A 63 A. 3005--A
SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH
PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH
CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
AND PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS
SECTION.
S 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 29 of part I of chapter 55 of the laws of 2014, 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 seven billion one hundred
[forty-eight] SIXTY-THREE million THREE HUNDRED sixty-nine thousand
dollars [$7,148,069,000] $7,163,369,000, and shall include all bonds,
notes and other obligations issued pursuant to chapter 56 of the laws of
1983, as amended or supplemented. The proceeds of such bonds, notes or
other obligations shall be paid to the state, for deposit in the correc-
tional facilities capital improvement fund to pay for all or any portion
of the amount or amounts paid by the state from appropriations or reap-
propriations made to the department of corrections and community super-
vision from the correctional facilities capital improvement fund for
capital projects. The aggregate amount of bonds, notes or other obli-
gations authorized to be issued pursuant to this section shall exclude
bonds, notes or other obligations issued to refund or otherwise repay
bonds, notes or other obligations theretofore issued, the proceeds of
which were paid to the state for all or a portion of the amounts
expended by the state from appropriations or reappropriations made to
the department of corrections and community supervision; provided,
however, that upon any such refunding or repayment the total aggregate
principal amount of outstanding bonds, notes or other obligations may be
greater than seven billion one hundred [forty-eight] SIXTY-THREE million
THREE HUNDRED sixty-nine thousand dollars [$7,148,069,000]
$7,163,369,000, 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
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.
S 28. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 30 of part I of chapter 55 of
the laws of 2014, is amended to read as follows:
S. 2005--A 64 A. 3005--A
(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] THREE billion [nine] ONE
hundred [ninety-nine] FIFTY-THREE million SEVEN HUNDRED ninety-nine
thousand dollars, plus a principal amount of bonds issued to fund the
debt service reserve fund in accordance with the debt service reserve
fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
S 29. 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 31 of part I of chapter 55 of the laws of 2014, 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
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of
[$8,120,728,000] $8,608,881,000 cumulatively by the end of fiscal year
[2014-15] 2015-16.
S 30. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 32 of part I of chapter 55 of the laws of 2014, 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 [one hundred twenty-six] ONE HUNDRED
FORTY million dollars.
S 31. 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 33 of
part I of chapter 55 of the laws of 2014, is amended to read as follows:
S. 2005--A 65 A. 3005--A
(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
[$149,600,000] $155,600,000, 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
including IT initiatives for the division of state police, 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 subdivi-
sion (b) of this section 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.
S 32. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 34 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
S 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, a project at nano
Utica, onondaga county revitalization projects, BINGHAMTON UNIVERSITY
SCHOOL OF PHARMACY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM,
and other state costs associated with such projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed two billion [two] FOUR hundred [three] EIGHTY-EIGHT
million two hundred fifty-seven 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 pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
S. 2005--A 66 A. 3005--A
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, a project at nano Utica, onondaga
county revitalization projects, BINGHAMTON UNIVERSITY SCHOOL OF PHARMA-
CY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, and other state
costs associated with such projects, the director of the budget is here-
by authorized to enter into one or more service contracts with the
dormitory authority and the corporation, none of which shall exceed
thirty years in duration, upon such terms and conditions as the director
of the budget and the dormitory authority and the corporation agree, so
as to annually provide to the dormitory authority and the corporation,
in the aggregate, a sum not to exceed the principal, interest, and
related expenses required for such bonds and notes. Any service contract
entered into pursuant to this section shall provide that the obligation
of the state to pay the amount therein provided shall not constitute a
debt of the state within the meaning of any constitutional or statutory
provision and shall be deemed executory only to the extent of monies
available and that no liability shall be incurred by the state beyond
the monies available for such purpose, subject to annual appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder may be assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes, as authorized by
this section.
S 33. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 35 of part I of chapter 55 of the laws of 2014, 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 one billion [three] FIVE hundred [ninety-eight] SEVEN-
TY-FIVE million [two] SEVEN hundred sixty thousand dollars, exclusive of
bonds issued to fund any debt service reserve funds, pay costs of issu-
ance 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.
S 34. Subdivision 1 of section 45 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 37 of part I of chapter 55 of the laws
of 2014, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the urban development corporation of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY and NY-CUNY
2020 challenge grant program subject to the approval of a NY-SUNY and
NY-CUNY 2020 plan or plans by the governor and either the chancellor of
the state university of New York or the chancellor of the city universi-
ty of New York, as applicable. The aggregate principal amount of bonds
S. 2005--A 67 A. 3005--A
authorized to be issued pursuant to this section shall not exceed
[$330,000,000] $440,000,000, excluding bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds or notes
previously issued. Such bonds and notes of the 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, interest, and related
expenses pursuant to a service contract and such bonds and notes shall
contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
S 35. 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 38 of
part I of chapter 55 of the laws of 2014, 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 $197,000,000 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 and training facilities for the division of state
police, the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [$317,800,000] $469,800,000, 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.
S 36. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 39 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed ONE
S. 2005--A 68 A. 3005--A
BILLION four hundred [sixty-five] FORTY million dollars [($465,000,000)]
$1,440,000,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the urban develop-
ment corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the authority, the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
S 37. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 40 of part I of chapter 55 of the
laws of 2014, 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] ELEVEN billion [nine] TWO hundred [eighty-four]
TWENTY-EIGHT million dollars; provided, however, that bonds issued or to
be issued shall be excluded from such limitation if: (1) such bonds are
issued to refund state university construction bonds and state universi-
ty construction notes previously issued by the housing finance agency;
or (2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
S. 2005--A 69 A. 3005--A
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.
S 38. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 41 of part I of chapter 55 of the
laws of 2014, 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 seven billion [two] THREE hundred
[seventy-three] NINETY-TWO million [three] SEVEN hundred [thirty-one]
FIFTY-THREE 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 coven-
anting or making any other agreements with or for the benefit of bond-
holders which might in any way affect such right.
S 39. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 42 of part I of chapter 55 of the laws of 2014, 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 [seven] EIGHT hundred
[seventy-six] THIRTY-EIGHT million [three] FOUR hundred [five]
FIFTY-EIGHT thousand 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.
S 40. Section 1680-r of the public authorities law, as added by
section 43 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
S 1680-r. Authorization for the issuance of bonds for the capital
restructuring financing program AND THE HEALTH CARE FACILITY TRANSFORMA-
TION PROGRAM. 1. Notwithstanding the provisions of any other law to the
S. 2005--A 70 A. 3005--A
contrary, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of funding project costs for the capital restructuring
financing program for health care and related facilities licensed pursu-
ant to the public health law or the mental hygiene law and other state
costs associated with such capital projects AND THE HEALTH CARE FACILITY
TRANSFORMATION PROGRAM. The aggregate principal amount of bonds author-
ized to be issued pursuant to this section shall not exceed [one] TWO
billion two 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 dormitory
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for the capital
restructuring financing program for health care and related facilities
licensed pursuant to the public health law or the mental hygiene law and
other state costs associated with such capital projects AND THE HEALTH
CARE FACILITY TRANSFORMATION PROGRAM, the director of the budget is
hereby authorized to enter into one or more service contracts with the
dormitory authority and the urban development corporation, none of which
shall exceed thirty years in duration, upon such terms and conditions as
the director of the budget and the dormitory authority and the urban
development corporation agree, so as to annually provide to the dormito-
ry authority 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 dormitory authority and the urban develop-
ment corporation as security for its bonds and notes, as authorized by
this section.
S 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 44 of part I of chapter 55 of the laws of 2014, 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 [four] SIX hundred [sixty-five]
S. 2005--A 71 A. 3005--A
ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN thousand dollars
[($465,365,000)] ($611,215,000), which authorization increases the
aggregate principal amount of bonds, notes and other obligations author-
ized 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 depos-
it in the youth facilities 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 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 [four] SIX hundred
[sixty-five] ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN
thousand dollars [($465,365,000)] ($611,215,000), 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 obli-
gations so to be refunded or repaid. For the purposes hereof, the pres-
ent value of the aggregate debt service of the refunding or repayment
bonds, notes or other obligations and of the aggregate debt service of
the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing 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 esti-
mated accrued interest from the sale thereof.
S 42. 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 46 of part I
of chapter 55 of the laws of 2014, 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
S. 2005--A 72 A. 3005--A
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding seven billion [four] SEVEN hundred [thirty-five] TWENTY-TWO
million eight hundred fifteen thousand dollars, excluding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes issued to refund outstanding mental health
services facilities improvement bonds and mental health services facili-
ties 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 facili-
ties improvement bonds and mental health facilities improvement notes
may be greater than seven billion [four] SEVEN hundred [thirty-five]
TWENTY-TWO million eight hundred fifteen 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 obligations so
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 authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a term not to exceed the average
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 agen-
cy 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 princi-
S. 2005--A 73 A. 3005--A
pal authorized to be issued by the agency among the office of mental
health, office for people with developmental disabilities, and the
office of alcoholism and substance abuse services, in consultation with
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
S 43. Paragraph (b) of subdivision 3 of section 1 and clause (B) of
subparagraph (iii) of paragraph (j) of subdivision 4 of section 1 of
part D of chapter 63 of the laws of 2005 relating to the composition and
responsibilities of the New York state higher education capital matching
grant board, as amended by section 46-c of part I of chapter 55 of the
laws of 2014, is amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [180] 210
million dollars. Each college shall be eligible for a grant award amount
as determined by the calculations pursuant to subdivision five of this
section. In addition, such colleges shall be eligible to compete for
additional funds pursuant to paragraph (h) of subdivision four of this
section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [180] 210 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.
S 44. Section 3 of part B of chapter 56 of the laws of 2014, consti-
tuting the smart schools bond act of 2014, is amended to read as
follows:
S 3. Bonds of the state. (A) The state comptroller is hereby author-
ized and empowered to issue and sell bonds of the state up to the aggre-
gate amount of two billion dollars ($2,000,000,000) for the purposes of
this act, subject to the provisions of article five of the state finance
law. The aggregate principal amount of such bonds shall not exceed two
billion dollars ($2,000,000,000) excluding bonds issued to refund or
otherwise repay bonds heretofore issued for such purpose; provided,
however, that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater than two billion
dollars ($2,000,000,000) only if 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. The method for calculating present value shall be
determined by law.
(B) NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF LAW TO THE
CONTRARY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
MAY ALSO ISSUE BONDS PURSUANT TO ARTICLE 5-C AND ARTICLE 5-F OF THE
STATE FINANCE LAW TO FINANCE SUCH SMART SCHOOLS BOND ACT PURPOSES. ANY
BONDS ISSUED PURSUANT TO THIS AUTHORIZATION SHALL BE SUBJECT TO THE SAME
AGGREGATE PRINCIPAL LIMITATION CONTAINED IN PARAGRAPH (A) OF THIS
SECTION, INCLUDING BONDS OF THE STATE ISSUED BY THE STATE COMPTROLLER,
AND ARE OTHERWISE SUBJECT TO ANY AND ALL OF THE PROVISIONS APPLICABLE BY
ARTICLE 5-C AND ARTICLE 5-F OF THE STATE FINANCE LAW.
S 45. Subdivisions 1 and 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,
are amended to read as follows:
S. 2005--A 74 A. 3005--A
1. Subject to chapter fifty-nine of the laws of two thousand, but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financ-
ing of hazardous waste site remediation projects for payment of the
state's share of the costs of the remediation of hazardous waste sites,
in accordance with title thirteen of article twenty-seven of the envi-
ronmental conservation law and section ninety-seven-b of the state
finance law, and for payment of state costs associated with the remedi-
ation of offsite contamination at significant threat sites as provided
in section 27-1411 of the environmental conservation law, AND BEGINNING
IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN - TWO THOUSAND SIXTEEN FOR
ENVIRONMENTAL RESTORATION PROJECTS PURSUANT TO TITLE FIVE OF ARTICLE
FIFTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW pursuant to capital
appropriations made to the department of environmental conservation, the
director of the division of budget and the corporation are each author-
ized to enter into one or more service contracts, none of which shall
exceed twenty years in duration, upon such terms and conditions as the
director and the corporation may agree, so as to annually provide to the
corporation in the aggregate, a sum not to exceed the annual debt
service payments and related expenses required for any bonds and notes
authorized pursuant to section twelve hundred ninety of this title. Any
service contract entered into pursuant to this section shall provide
that the obligation 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 execu-
tory only to the extent of moneys available for such purposes, subject
to annual appropriation by the legislature. Any such service contract or
any payments made or to be made thereunder may be assigned and pledged
by the corporation as security for its bonds and notes, as authorized
pursuant to section twelve hundred ninety of this title.
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects AND ENVIRONMENTAL
RESTORATION PROJECTS authorized by this section shall not exceed one
billion [two] THREE 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 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.
S 46. Subdivision 1 of section 386-a of the public authorities law, as
added by section 46 of part U of chapter 59 of the laws of 2012, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
S. 2005--A 75 A. 3005--A
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter. The
aggregate principal amount of bonds authorized to be issued pursuant to
this section shall not exceed ONE BILLION [seven] FIVE hundred [seventy]
TWENTY million dollars [($770,000,000)] ($1,520,000,000), excluding
bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and to refund or otherwise repay such
bonds or notes previously issued. Such bonds and notes of the authority,
the dormitory authority and the urban development corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the authority, the dormitory authority and the urban devel-
opment 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.
S 47. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015; provided,
however, that the provisions of sections one through eight and sections
thirteen through twenty of this act shall expire March 31, 2016, when
upon such date the provisions of such sections shall be deemed repealed.
PART R
Section 1. Subdivision 1-a of section 3 of the public officers law, as
added by section 31-b of subpart A of part H of chapter 55 of the laws
of 2014, is amended to read as follows:
1-a. (i) No person shall be capable of holding a civil office who
shall stand convicted of a felony defined in article two hundred or four
hundred ninety-six or section 195.20 of the penal law.
(ii) Any individual who stands convicted of a misdemeanor defined in
article two hundred, article four hundred ninety-six or section 195.00
of the penal law, OR WHO HAS FAILED TO DISCLOSE SUCH INFORMATION
REQUIRED UNDER SUBDIVISION FOUR OF SECTION SEVENTY-THREE-A OF THIS CHAP-
TER, may not hold civil office for a period of five years from the date
of conviction, provided that in the event such conviction is the result
of a plea agreement resulting in a plea to such charge in lieu of a plea
or conviction of a felony defined in [section] SECTIONS 195.20 OR
175.35, OR article two hundred or article four hundred ninety-six of the
penal law, all parties to such agreement may agree that the period of
such bar may be for a period of up to ten years from the date of
conviction.
S 2. Subparagraphs (a) and (b) of paragraph 8 and paragraph 13 of
subdivision 3 of section 73-a of the public officers law, subparagraphs
(a) and (b) of paragraph 8 as amended by section 37 of subpart A of part
H of chapter 55 of the laws of 2014 and paragraph 13 as amended by
section 5 of part A of chapter 399 of the laws of 2011, are amended and
a new subparagraph (b-1) is added to paragraph 8 to read as follows:
(a) If the reporting individual practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the department of education, or works as a member
or employee of a firm required to register pursuant to section one-e of
the legislative law as a lobbyist, [give a general] DESCRIBE THE
SERVICES RENDERED TO WHICH COMPENSATION WAS PAID INCLUDING A GENERAL
S. 2005--A 76 A. 3005--A
description of the principal subject areas of matters undertaken by such
individual OR PRINCIPAL DUTIES PERFORMED. Additionally, if such an
individual practices with a firm or corporation and is a partner or
shareholder of the firm or corporation, give a general description of
principal subject areas of matters undertaken by such firm or corpo-
ration.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT
ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
If the reporting individual personally provides services to any person
or entity, or works as a member or employee of a partnership or corpo-
ration that provides such services (referred to hereinafter as a
"firm"), then identify each client or customer to whom the reporting
individual personally provided services AND THE SERVICES ACTUALLY
PROVIDED, OR EACH CLIENT OR CUSTOMER, [or] who was referred to the firm
by the reporting individual, and from whom the reporting individual or
his or her firm [earned fees] WAS PAID in excess of [$10,000] $5,000
during the reporting period [for]. FOR such services rendered [in direct
connection with] BY THE FILER DIRECTLY TO EACH SUCH CLIENT, DESCRIBE
EACH MATTER THAT WAS THE SUBJECT OF SUCH REPRESENTATION, AND PAYMENT
RECEIVED. FOR PAYMENTS RECEIVED FROM CLIENTS ORIGINATED BY THE FILER
FOR WHOM THE FILER DID NOT PERFORM SERVICES, IDENTIFY THE CLIENT AND THE
PAYMENT SO RECEIVED. ALSO, INDICATE WHETHER SUCH SERVICES WERE RENDERED
IN DIRECT CONNECTION WITH:
(i) [A proposed bill or resolution in the senate or assembly during
the reporting period;
(ii)] A contract in an amount totaling $50,000 or more from the state
or any state agency for services, materials, or property;
[(iii)] (II) A grant of $25,000 or more from the state or any state
agency during the reporting period;
[(iv)] (III) A grant obtained through a legislative initiative during
the reporting period; or
[(v)] (IV) A case, proceeding, application or other matter that is not
a ministerial matter before a state agency during the reporting period.
For purposes of this question, "referred to the firm" shall mean:
having intentionally and knowingly taken a specific act or series of
acts to intentionally procure for the reporting individual's firm or
knowingly solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a client of that
firm for the purposes of representation for a matter as defined in
subparagraphs (i) through [(v)] (IV) of this paragraph, as the result of
such procurement, solicitation or direction of the reporting individual.
A reporting individual need not disclose activities performed while
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
sion seven of section seventy-three of this article.
[The disclosure requirement in this question shall not require disclo-
sure of clients or customers receiving medical or dental services,
mental health services, residential real estate brokering services, or
S. 2005--A 77 A. 3005--A
insurance brokering services from the reporting individual or his or her
firm. The reporting individual need not identify any client to whom he
or she or his or her firm provided legal representation with respect to
investigation or prosecution by law enforcement authorities, bankruptcy,
or domestic relations matters. With respect to clients represented in
other matters, where disclosure of a client's identity is likely to
cause harm, the reporting individual shall request an exemption from the
joint commission pursuant to paragraph (i) of subdivision nine of
section ninety-four of the executive law. Only a reporting individual
who first enters public office after July first, two thousand twelve,
need not report clients or customers with respect to matters for which
the reporting individual or his or her firm was retained prior to enter-
ing public office.
Client Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________________________________________________ ]
(B-1) FOR ALL OTHER CLIENTS OR CUSTOMERS (EXCLUSIVE OF THOSE FOR WHOM
DISCLOSURE IS NOT REQUIRED) BY WHOM THE FILER WAS PAID IN EXCESS OF
$5,000, DISCLOSE THE NAME OF EACH SUCH CLIENT OR CUSTOMER AND THE
SERVICES ACTUALLY RENDERED FOR WHICH MONEY WAS RECEIVED:
CLIENT SERVICES ACTUALLY PROVIDED
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
* REVIEWED DOCUMENTS AND CORRESPONDENCE;
* REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
* PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* CONSULTED WITH CLIENT OR LAW PARTNERS/ASSOCIATES/MEMBERS OF FIRM ON
CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR REPRE-
SENTATION OR CONSULTATION.
THE DISCLOSURE REQUIREMENT IN QUESTIONS (B) AND (B-1) SHALL NOT REQUIRE
DISCLOSING CLIENTS OR CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES,
MENTAL HEALTH SERVICES, RESIDENTIAL REAL ESTATE BROKERING SERVICES, OR
INSURANCE BROKERING SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER
FIRM. THE REPORTING INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE
OR SHE OR HIS OR HER FIRM PROVIDED LEGAL REPRESENTATION WITH RESPECT TO
INVESTIGATION OR PROSECUTION BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY,
SURROGATE COURT AND ESTATE PLANNING WORK, OR DOMESTIC RELATIONS MATTERS.
WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS, WHERE DISCLOSURE
OF A CLIENT'S IDENTITY IS LIKELY TO CAUSE HARM, THE REPORTING INDIVIDUAL
SHALL REQUEST AN EXEMPTION FROM THE JOINT COMMISSION PURSUANT TO PARA-
GRAPH (I) OF SUBDIVISION NINE OF SECTION NINETY-FOUR OF THE EXECUTIVE
LAW.
13. List below the nature and amount of any income in EXCESS of $1,000
from EACH SOURCE for the reporting individual and such individual's
S. 2005--A 78 A. 3005--A
spouse for the taxable year last occurring prior to the date of
filing. EACH SUCH SOURCE MUST BE DESCRIBED WITH PARTICULARITY.
Nature of income includes, but is not limited to, all income (other
than that received from the employment listed under Item 2 above)
from compensated employment whether public or private, directorships
and other fiduciary positions, contractual arrangements, teaching
income, partnerships, honorariums, lecture fees, consultant fees,
bank and bond interest, dividends, income derived from a trust, real
estate rents, and recognized gains from the sale or exchange of real
or other property. Income from a business or profession and real
estate rents shall be reported with the source identified by the
building address in the case of real estate rents and otherwise by
the name of the entity and not by the name of the individual custom-
ers, clients or tenants, with the aggregate net income before taxes
for each building address or entity. The receipt of maintenance
received in connection with a matrimonial action, alimony and child
support payments shall not be listed.
Self/ Category
Spouse Source Nature of Amount
(In Table I)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
S 3. Subdivision 3 of section 73 of the public officers law is amended
by adding a new paragraph (c) to read as follows:
(C) NO MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL
RECEIVE, DIRECTLY OR INDIRECTLY, OR ENTER INTO ANY AGREEMENT EXPRESS OR
IMPLIED, FOR, ANY COMPENSATION, IN WHATEVER FORM FOR THE APPEARANCE OR
RENDITION OF SERVICES BY HIMSELF OR HERSELF OR ANOTHER IN CONNECTION
WITH ANY PROPOSED OR PENDING BILL OR RESOLUTION IN THE SENATE OR ASSEM-
BLY NOR MAY A MEMBER OF THE ASSEMBLY OR SENATE REFER ANY CLIENT OR
CUSTOMER IN CONNECTION WITH LOBBYING OR ADVOCATING ON BEHALF OF ANY
PROPOSED OR PENDING BILL OR RESOLUTION BEFORE SUCH LEGISLATIVE BODY TO
ANY ENTITY WITH WHOM SUCH MEMBER HAS A BUSINESS RELATIONSHIP EITHER AS A
MEMBER OR EMPLOYEE INCLUDING ANY SUCH ENTITY THAT IS DISCLOSED IN QUES-
TION EIGHT OF THE FINANCIAL DISCLOSURE STATEMENT REQUIRED PURSUANT TO
SECTION SEVENTY-THREE-A OF THIS CHAPTER.
S 4. Subdivisions (k) and (t) of section 1-c of the legislative law,
subdivision (k) as amended and subdivision (t) as added by chapter 1 of
the laws of 2005, are amended to read as follows:
(k) The term "municipality" shall mean any jurisdictional subdivision
of the state, including but not limited to counties, cities, towns,
villages, improvement districts and special districts, with a population
of more than [fifty] FIVE thousand, and industrial development agencies
in jurisdictional subdivisions with a population of more than [fifty]
FIVE thousand; and public authorities, and public corporations[, but
shall not include school districts].
(t) The term "local legislative body" shall mean the board of supervi-
sors, board of aldermen, common council, council, commission, town
board, board of trustees or other elective governing board or body of a
municipality now or hereafter vested by state statute, charter or other
S. 2005--A 79 A. 3005--A
law with jurisdiction to initiate and adopt local laws [and], ordinances
AND BUDGETS, whether or not such local laws [or], ordinances OR BUDGETS
require approval of the elective chief executive officer or other offi-
cial or body to become effective.
S 5. Subdivision 2 of section 5 of the legislative law, as amended by
section 1 of part M-1 of chapter 407 of the laws of 1999, is amended to
read as follows:
2. Each member of the legislature shall receive payment of actual and
necessary transportation expenses and [a per diem equivalent to the most
recent federal per diem rates published by the General Services Adminis-
tration and set forth in 41 CFR (Code of Federal Regulations) Part 301,
App. A] REASONABLE AND NECESSARY TRAVEL EXPENSES FOR LODGING, MEALS AND
INCIDENTALS THAT ARE ACTUALLY INCURRED WHILE PERFORMING HIS OR HER
DUTIES AND FOR WHICH RECEIPTS AND OTHER APPROPRIATE DOCUMENTATION ARE
SUBMITTED WHICH SHALL BE REIMBURSED AT THE SAME RATES AS SUCH RECEIPTED
EXPENSES ARE OTHERWISE ALLOWED STATE EMPLOYEES BY THE STATE COMPTROLLER,
while in travel status in the performance of [his or her] THEIR duties[;
and such other reasonable expenses as may be necessary for the perform-
ance of the member's responsibilities as determined by the temporary
president of the senate or speaker of the assembly for their respective
houses. The per diem allowances, including partial per diem allowances,
shall be made pursuant to regulations promulgated by the temporary pres-
ident of the senate and the speaker of the assembly for their respective
houses, on audit and warrant of the comptroller on vouchers approved by
the temporary president of the senate or his or her designee and the
speaker of the assembly or his or her designee for their respective
houses].
S 6. Subdivision 6 of section 109 of the state finance law, as added
by chapter 881 of the laws of 1980, is amended to read as follows:
6. Notwithstanding the provisions of this or any other law, on and
after January first, nineteen hundred eighty-one, the heads of the exec-
utive department, the department of law and the department of audit and
control and the lieutenant governor, upon certification to the depart-
ment of audit and control by such officer or his OR HER duly designated
representative that the amounts in lieu of expenses currently provided
or the currently provided payment in reimbursement of all necessary and
actual expenses incurred incidental to the performance of official
duties and obligations applicable on the effective date of this act have
been expended, shall receive reimbursement for actual, reasonable and
necessary expenses incurred incidental to the performance of official
duties and obligations for expenses in excess of such amounts in lieu of
expenses or such payments in reimbursement currently provided.
Reimbursement for such expenses provided by this subdivision in excess
of the amounts currently provided shall be obtained by submitting travel
or other expense claims to the comptroller, in accordance with rules and
regulations of the comptroller. PROVIDED HOWEVER, THAT WHILE IN TRAVEL
STATUS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, WITH RESPECT TO
EXPENSES INCURRED FOR LODGING, MEALS AND INCIDENTALS DURING SUCH STATUS,
THE HEADS OF THE EXECUTIVE DEPARTMENT, THE DEPARTMENT OF LAW AND THE
DEPARTMENT OF AUDIT AND CONTROL AND THE LIEUTENANT GOVERNOR SHALL ONLY
BE ENTITLED TO AND MAY ONLY RECEIVE REASONABLE AND NECESSARY TRAVEL
EXPENSES FOR LODGING, MEALS AND INCIDENTALS AT THE SAME RATES SUCH
EXPENSES ARE OTHERWISE ALLOWED STATE EMPLOYEES THAT ARE ACTUALLY
INCURRED WHILE PERFORMING SUCH DUTIES AND FOR WHICH THEY PROVIDE
RECEIPTS AND OTHER APPROPRIATE DOCUMENTATION.
S. 2005--A 80 A. 3005--A
S 7. Paragraph (a) of subdivision 1 and paragraph (d) of subdivision 3
of section 14-107 of the election law, as added by section 4 of subpart
C of part H of chapter 55 of the laws of 2014, are amended to read as
follows:
(a) "Independent expenditure" means an expenditure made by a person
conveyed to five hundred or more members of a general public audience in
the form of (i) an audio or video communication via broadcast, cable or
satellite, (ii) a written communication via advertisements, pamphlets,
circulars, flyers, brochures, letterheads or (iii) other published
statements which: (i) irrespective of when such communication is made,
contains words such as "vote," "oppose," "support," "elect," "defeat,"
or "reject," which call for the election or defeat of the clearly iden-
tified candidate, [or] (ii) refers to and advocates for or against a
clearly identified candidate or ballot proposal on or after January
first of the year of the election in which such candidate is seeking
office or such proposal shall appear on the ballot, OR (III) WITHIN
SIXTY DAYS BEFORE A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY
THE CANDIDATE OR THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR
REFERENCES A CLEARLY IDENTIFIED CANDIDATE. An independent expenditure
shall not include communications where such candidate, the candidate's
political committee or its agents, or a political committee formed to
promote the success or defeat of a ballot proposal or its agents, did
authorize, request, suggest, foster or cooperate in such communication.
(d) A knowing and willful violation of the provisions of this subdivi-
sion shall subject the person to a civil penalty equal to five thousand
dollars or the cost of the communication, whichever is greater, in a
special proceeding or civil action brought by the [board or imposed
directly by the board of elections] CHIEF ENFORCEMENT COUNSEL.
S 8. The opening paragraph of paragraph (a) of subdivision 6 of
section 156 of the retirement and social security law, as added by
section 1 of part C of chapter 399 of the laws of 2011, is amended to
read as follows:
"Public official" shall mean any of the following individuals [who
were not members of any retirement system prior to the effective date of
the chapter of the laws of two thousand eleven which added this article
but who have become members of a covered retirement system on or after
the effective date of the chapter of the laws of two thousand eleven
which added this article]:
S 9. Subdivision 1 of section 157 of the retirement and social securi-
ty law, as added by section 1 of part C of chapter 399 of the laws of
2011, is amended to read as follows:
1. Notwithstanding any other law to the contrary, it shall be a term
and condition of membership for every public official [who becomes a
member of any retirement system on or after the effective date of the
chapter of the laws of two thousand eleven which added this article,]
that such public official's rights to a pension in a retirement system
that accrue in such retirement system after his or her date of initial
membership in the retirement system shall be subject to the provisions
of this article.
S 10. This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall take effect upon the people
approving and ratifying by a majority of the electors voting thereon a
constitutional amendment entitled "CONCURRENT RESOLUTION OF THE SENATE
AND ASSEMBLY proposing an amendment to section 7 of article 5 of the
constitution, in relation to forfeiture of pension rights or retirement
benefits upon conviction of a felony related to public employment".
S. 2005--A 81 A. 3005--A
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 R of this act shall be
as specifically set forth in the last section of such Parts.