S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6405                                                  A. 9005

                      S E N A T E - A S S E M B L Y

                            January 14, 2016
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT to amend the executive law, in relation to the appointment of an
  independent special counsel to review matters  involving  the  use  of
  deadly  physical  force  by  a  police  officer; to amend the criminal
  procedure law, in relation to grand jury reports and proceedings,  the
  district  attorney's  letter  and leave to appeal; to amend the county
  law, in relation to the appointment of a special district attorney; to
  amend the penal law, in relation to unlawful grand jury disclosure; to
  amend the executive law, in  relation  to  establishing  a  model  law
  enforcement  use  of  force  policy  and  to  reporting  duties of law
  enforcement  departments  with  respect  to  enforcement  of   certain
  violations  and misdemeanors; and to amend the criminal procedure law,
  in relation to the contents of an application  for  a  search  warrant
  (Part  A);  to  amend chapter 503 of the laws of 2009, relating to the
  disposition of monies recovered by county  district  attorneys  before
  the  filing of an accusatory instrument, in relation to the effective-
  ness thereof (Part B); to amend the tax law, in relation to suspending
  the transfer of monies into the emergency services revolving loan fund
  from the public safety communications account (Part C); to  amend  the
  executive  law  in  relation  to transferring certain functions to the
  division of state police from the division of  homeland  security  and
  emergency services (Part D); to amend chapter 268 of the laws of 1996,
  amending  the  education  law  and  the  state finance law relating to
  providing a recruitment incentive and retention  program  for  certain
  active  members  of  the  New  York  army national guard, New York air
  national guard, and New York naval militia, in relation to the  effec-
  tiveness  of such chapter (Part E); to amend chapter 83 of the laws of
  1995 amending the state finance law and other laws relating to  bonds,
  notes,  and  revenues, in relation to making certain provisions perma-
  nent; and to amend chapter 1 of the laws of 2005  amending  the  state
  finance  law relating to restricting contacts in the procurement proc-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12670-01-6

S. 6405                             2                            A. 9005

  ess and the recording of contacts relating  thereto,  in  relation  to
  making  certain  provisions  permanent (Part F); to amend the workers'
  compensation law, in relation to the authorization of certain  provid-
  ers,  the  computation  of average weekly wages basis of compensation,
  penalties of the workers' compensation board, an assumption  of  work-
  ers'  compensation  liability  insurance  policy and fund for reopened
  cases financing agreement, the authority to issue aggregate penalties,
  deposits into the aggregate trust fund, the pooled individual self-in-
  sured employer fund, workers'  compensation  board,  workers'  compen-
  sation  board's  designation  to  review  appeals or any review of any
  orders, authorizations of assessments for annual expenses, payment  of
  claims  of  affected World Trade Center volunteers and to allow public
  group self-insured employers to offer alternative coverage;  to  amend
  the  public authorities law, in relation to the assumption of workers'
  compensation liability insurance policy, and the dormitory authority's
  authority to issue bonds to reduce assessments imposed on self-insured
  employers; to amend the insurance law, in relation to large deductible
  programs; and to repeal certain provisions of the  public  authorities
  law  relating thereto (Part G); to amend the workers' compensation law
  and the insurance law, in relation to provide paid family leave  bene-
  fits;  and to repeal sections 223 and 224 of the workers' compensation
  law, relating to disability benefits (Part H);  to  amend  the  public
  authorities law, in relation to establishing the New York State Design
  and  Construction Corporation act (Part I); to amend the civil service
  law, in relation to the state's contribution to  the  cost  of  health
  insurance  premiums  for  retirees  of  the state and their dependents
  (Part J);  to  amend  the  civil  service  law,  in  relation  to  the
  reimbursement of medicare premium charges (Part K); to amend the civil
  service  law,  in  relation  to  the  expiration of public arbitration
  panels (Part L); to amend the state finance law, in  relation  to  the
  dedicated  infrastructure investment fund (Part M); and to provide for
  the administration of certain funds and accounts related to the  2016-
  17  budget,  authorizing  certain payments and transfers; to amend the
  state finance law, in relation to the  rainy  day  reserve  fund,  the
  dedicated  infrastructure  investment  fund  infrastructure investment
  account, and the 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 period for which  appropriations
  can  be  made;  to amend chapter 60 of the laws of 2015, providing for
  the administration of certain funds and accounts related to the  2015-
  16  budget,  in relation to certain transfers and to the effectiveness
  of certain provisions thereof; 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 issu-
  ance of bonds; to amend the private housing finance law,  in  relation
  to  housing  program bonds and notes; to amend chapter 329 of the laws
  of 1991, amending the state finance law and other laws relating to the
  establishment of the dedicated  highway  and  bridge  trust  fund,  in
  relation  to  the  issuance  of bonds; to amend the public authorities
  law, in relation to the issuance of bonds; to amend the public author-
  ities law, in relation to the dormitory authority; to amend chapter 61
  of the laws of 2005 relating to providing for  the  administration  of
  certain  funds  and  accounts  related  to  the  2005-2006  budget, in
  relation to issuance of bonds by the urban development corporation; to

S. 6405                             3                            A. 9005

  amend the  New  York  state  urban  development  corporation  act,  in
  relation  to  the  issuance  of bonds; to amend the public authorities
  law, in relation to the state environmental  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 chal-
  lenge grant program; to amend chapter 81 of the laws of 2002, relating
  to providing for the administration  of  certain  funds  and  accounts
  related  to the 2002-2003 budget, in relation to increasing the aggre-
  gate amount of bonds to be issued by the New York state urban develop-
  ment corporation; to amend the public authorities law, in relation  to
  financing  of  peace  bridge  and  transportation capital projects; to
  amend the public  authorities  law,  in  relation  to  dormitories  at
  certain  educational  institutions  other  than  state operated insti-
  tutions and statutory or contract colleges under the  jurisdiction  of
  the  state university of New York; 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 63 of the laws
  of 2005, relating to the composition and responsibilities of  the  New
  York  state higher education capital matching grant board, in relation
  to increasing the amount of authorized  matching  capital  grants;  to
  direct  the  distribution  of local sales tax revenue from the city of
  New York; and providing for the  repeal  of  certain  provisions  upon
  expiration thereof (Part N)

  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 2016-2017
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through N. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes 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. The executive law is amended by adding a new section 6-a to
read as follows:
  S 6-A. INDEPENDENT SPECIAL COUNSEL. 1. THE  GOVERNOR  MAY  APPOINT  AN
INDEPENDENT  SPECIAL  COUNSEL  TO  REVIEW  ANY MATTER INVOLVING CREDIBLE
ALLEGATIONS OF THE USE OF DEADLY PHYSICAL FORCE BY A POLICE  OFFICER  AS
DEFINED  IN  SUBDIVISION  THIRTY-FOUR  OF  SECTION  1.20 OF THE CRIMINAL
PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION  THIRTY-THREE
OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER
OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE  SUCH  DEADLY
PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON, AND
  (A)  AFTER  A  REVIEW  OF THE FACTS OF THE CASE, THE DISTRICT ATTORNEY
DECLINES TO PRESENT EVIDENCE TO A GRAND JURY REGARDING SUCH FATALITY; OR

S. 6405                             4                            A. 9005

  (B) AFTER PRESENTATION OF EVIDENCE TO  A  GRAND  JURY  REGARDING  SUCH
FATALITY, THE GRAND JURY DECLINES TO RETURN AN INDICTMENT ON ANY CHARGES
AGAINST SUCH POLICE OR PEACE OFFICER.
  2.  WHERE,  AS DESCRIBED IN PARAGRAPH (A) OR PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION, THE  DISTRICT  ATTORNEY  DECLINES  TO  PRESENT
EVIDENCE  TO  A  GRAND  JURY  OR  PRESENTS  EVIDENCE  AND THE GRAND JURY
DECLINES TO RETURN AN INDICTMENT, THE DISTRICT  ATTORNEY  SHALL,  WITHIN
SIXTY DAYS OF THE OCCURRENCE OF EITHER PARAGRAPH (A) OR PARAGRAPH (B) OF
SUBDIVISION  ONE  OF THIS SECTION, BUT NO MORE THAN SIX MONTHS AFTER THE
DATE OF SUCH DEATH OF SUCH UNARMED PERSON AS  DESCRIBED  IN  SUBDIVISION
ONE OF THIS SECTION, PROVIDE TO THE INDEPENDENT SPECIAL COUNSEL: (I) ALL
EVIDENTIARY  MATERIALS  GATHERED DURING THE COURSE OF THE INVESTIGATION;
(II)  WHERE  APPLICABLE,  THE  GRAND   JURY   MINUTES,   INCLUDING   THE
INSTRUCTIONS  TO  THE GRAND JURY; (III) WHERE APPLICABLE, THE GRAND JURY
EXHIBITS; AND (IV) ANY RECORDS AND ANY OTHER EVIDENCE IN THE POSSESSION,
CUSTODY, AND CONTROL OF THE DISTRICT ATTORNEY, INCLUDING BUT NOT LIMITED
TO POLICE REPORTS, PHOTOGRAPHS,  SCIENTIFIC  REPORTS,  AUDIO  AND  VIDEO
RECORDINGS, AND PHYSICAL EVIDENCE.
  3. IF THE INDEPENDENT SPECIAL COUNSEL, AFTER A REVIEW OF ALL EVIDENTI-
ARY  AND  GRAND  JURY MATERIALS AS DESCRIBED IN THIS SECTION, DETERMINES
THAT THERE WERE: (A) SUBSTANTIAL ERRORS OF  SUCH  MAGNITUDE  THAT  THERE
EXISTS  A  REASONABLE PROBABILITY THAT AN INDICTMENT WOULD HAVE RESULTED
BUT FOR THESE ERRORS, AND THAT THE PRESUMPTION OF REGULARITY AFFORDED TO
SUCH PROCEEDINGS CAN NO LONGER APPLY; OR (B) THERE EXISTS NEWLY  DISCOV-
ERED EVIDENCE OF SUCH MAGNITUDE THAT THERE EXISTS A REASONABLE PROBABIL-
ITY  THAT HAD SUCH EVIDENCE BEEN PRESENTED TO THE GRAND JURY, AN INDICT-
MENT WOULD HAVE RESULTED, THEN HE OR SHE  SHALL  REFER  THE  MATTER  FOR
CONSIDERATION  OF APPOINTMENT OF A SPECIAL DISTRICT ATTORNEY AS PROVIDED
IN SECTION SEVEN HUNDRED-ONE-A OF THE COUNTY LAW.
  4. THE EVIDENTIARY AND GRAND JURY MATERIALS PROVIDED TO THE  INDEPEND-
ENT  SPECIAL COUNSEL AS DESCRIBED IN THIS SECTION SHALL REMAIN CONFIDEN-
TIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER  ARTICLE  SIX  OF  THE
PUBLIC  OFFICERS  LAW  AND, FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF
EVIDENTIARY MATERIALS AND GRAND JURY MATERIALS BY THE DISTRICT  ATTORNEY
TO THE INDEPENDENT SPECIAL COUNSEL SHALL BE CONSIDERED ACTING WITHIN THE
SCOPE OF THE LAWFUL DISCHARGE OF THE DISTRICT ATTORNEY'S DUTIES PURSUANT
TO  PARAGRAPH  (A) OF SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL
PROCEDURE LAW, AND  THEREFORE  NOT  UNLAWFUL  DISCLOSURE  UNDER  SECTION
215.70 OF THE PENAL LAW.
  5.  FOR  PURPOSES  OF THIS ARTICLE AND PURSUANT TO SUBDIVISION FOUR OF
SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, THE GRAND  JURY  MATERIALS
PROVIDED  TO THE INDEPENDENT SPECIAL COUNSEL SHALL REMAIN SECRET, EXCEPT
THAT THE INDEPENDENT  SPECIAL  COUNSEL  IS  PERMITTED  TO  DISCLOSE  THE
EVIDENTIARY AND GRAND JURY MATERIALS TO THE GOVERNOR, OR HIS DESIGNEE AS
PART  OF  A  RECOMMENDATION  MADE  PURSUANT TO SUBDIVISION THREE OF THIS
SECTION AND SUCH DISCLOSURE SHALL NOT BE AN UNLAWFUL GRAND JURY  DISCLO-
SURE UNDER SECTION 215.70 OF THE PENAL LAW.
  6.  EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS SECTION, THE INDEPENDENT
SPECIAL COUNSEL, THE GOVERNOR, AND MEMBERS OF THE GOVERNOR'S  STAFF  MAY
NOT  FURTHER  DISCLOSE  ANY  OF THE GRAND JURY MATERIALS AS DESCRIBED IN
THIS SECTION WITH THE EXCEPTION OF THE GRAND JURY INSTRUCTIONS  PROVIDED
TO THE GRAND JURY, UNLESS AUTHORIZED BY COURT ORDER ISSUED UPON APPLICA-
TION,  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION 190.25 OF THE CRIMINAL
PROCEDURE LAW. FOR THE LIMITED AND  EXCLUSIVE  PURPOSE  OF  MAKING  SUCH
APPLICATION  TO  DISCLOSE  GRAND  JURY MATERIAL, THE INDEPENDENT SPECIAL
COUNSEL SHALL BE DEEMED A "DISTRICT ATTORNEY."

S. 6405                             5                            A. 9005

  S 2. Subdivision 1 of section 190.85 of the criminal procedure law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  STATING ITS FINDINGS AFTER INVESTIGATION OF AN INCIDENT INVOLVING
THE USE OF DEADLY PHYSICAL FORCE BY  A  POLICE  OFFICER  AS  DEFINED  IN
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR
A  PEACE  OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20
OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS,
DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE  SUCH  DEADLY  PHYSICAL  FORCE
RESULTED  IN THE DEATH OF AN UNARMED PERSON. THE REPORT CREATED PURSUANT
TO THIS PARAGRAPH SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  THE  CHARGES
PRESENTED,  THE  LEGAL  INSTRUCTIONS,  AND  A  SUMMARY  OF  THE EVIDENCE
PRESENTED, PROVIDED THAT  ALL  NAMES  AND  IDENTIFYING  INFORMATION  ARE
REDACTED FROM SUCH REPORT.
  S  3.  The  criminal  procedure law is amended by adding a new section
190.86 to read as follows:
S 190.86 DISTRICT ATTORNEY LETTER.
  1. AFTER AN INVESTIGATION OF AN INCIDENT INVOLVING A POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER OR  A
PEACE  OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF
THIS CHAPTER, ACTING WITHIN HIS OR HER OFFICIAL  POWERS,  DUTIES,  FUNC-
TIONS,  OR CAPACITY CONCERNING ACTS THAT INCLUDE THE USE OF DEADLY PHYS-
ICAL FORCE AGAINST AN UNARMED PERSON, AND SUCH ENCOUNTER RESULTED IN THE
DEATH OF SUCH UNARMED PERSON, AND WHEN A GRAND JURY DECLINES  TO  RETURN
AN  INDICTMENT  ON  ANY  CHARGES  AGAINST  SUCH  POLICE OR PEACE OFFICER
REGARDING SUCH DEATH, IN LIEU OF THE ISSUANCE OF A GRAND JURY REPORT  AS
SET  FORTH IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 190.85 OF THIS
ARTICLE, THE DISTRICT ATTORNEY MAY ISSUE A LETTER TO THE PUBLIC, WITH  A
COPY  TO THE GOVERNOR, AND TO THE COMMISSIONER, CHIEF, OR THE EQUIVALENT
COMMANDING OFFICER OF THE DEPARTMENT OR AGENCY EMPLOYING THE  POLICE  OR
PEACE  OFFICERS  INVOLVED.  IN  SUCH  LETTER,  THE DISTRICT ATTORNEY MAY
EXPLAIN THE FACTS OF THE CASE AND MAY ALSO  MAKE  RECOMMENDATIONS  BASED
UPON THE RESULTS OF THE GRAND JURY'S INVESTIGATION.
  2.  WHEN  THE DISTRICT ATTORNEY ELECTS NOT TO PRESENT SUCH A MATTER AS
DESCRIBED IN SUBDIVISION ONE OF  THIS  SECTION  TO  A  GRAND  JURY,  THE
DISTRICT  ATTORNEY  MAY ISSUE A LETTER TO THE PUBLIC, WITH A COPY TO THE
GOVERNOR, AND TO THE COMMISSIONER, CHIEF, OR THE  EQUIVALENT  COMMANDING
OFFICER  OF THE DEPARTMENT OR AGENCY EMPLOYING THE POLICE OR PEACE OFFI-
CERS INVOLVED. IN SUCH LETTER, THE DISTRICT  ATTORNEY  MAY  EXPLAIN  THE
FACTS  OF THE CASE, THE REASONING FOR NOT PRESENTING THE CASE TO A GRAND
JURY, AND MAY ALSO MAKE APPROPRIATE RECOMMENDATIONS.
  3. FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF SUCH A LETTER  BY  THE
DISTRICT  ATTORNEY  IN  LIEU  OF A GRAND JURY REPORT SHALL BE CONSIDERED
ACTING WITHIN THE DISTRICT ATTORNEY'S OFFICIAL DUTIES AND THEREFORE  NOT
UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW.
  S  4. Subdivision 4 of section 190.25 of the criminal procedure law is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C) AFTER PRESENTATION OF EVIDENCE TO A GRAND JURY INVOLVING  THE  USE
OF  DEADLY  PHYSICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE  LAW  OR  A  PEACE
OFFICER  AS  DEFINED  IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW,  ACTING  WITHIN  HIS  OR  HER  OFFICIAL  POWERS,
DUTIES,  FUNCTIONS,  OR  CAPACITY,  AND WHERE SUCH DEADLY PHYSICAL FORCE
RESULTED IN THE DEATH OF AN UNARMED PERSON, AND SUCH GRAND JURY DECLINES
TO RETURN AN INDICTMENT TO ANY CHARGES AGAINST SUCH  ON-DUTY  POLICE  OR
PEACE OFFICER WITH RESPECT TO SUCH DEATH, A DISTRICT ATTORNEY IS AUTHOR-
IZED  TO  PROVIDE GRAND JURY TESTIMONY, EVIDENCE, EXHIBITS AND THE LEGAL

S. 6405                             6                            A. 9005

INSTRUCTIONS TO THE INDEPENDENT SPECIAL COUNSEL, AS DEFINED  IN  SECTION
SIX-A  OF  THE EXECUTIVE LAW, WITHIN SIXTY DAYS OF THE COMPLETION OF ALL
GRAND JURY ACTION IN SUCH MATTER, INCLUDING THE ISSUANCE OF A GRAND JURY
REPORT PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 190.85 OF
THIS ARTICLE.
  (D) THE GRAND JURY MATERIALS PROVIDED TO THE INDEPENDENT SPECIAL COUN-
SEL, PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL REMAIN SECRET,
PURSUANT  TO THE PROVISIONS OF THIS SECTION, EXCEPT THAT THE INDEPENDENT
SPECIAL COUNSEL IS PERMITTED TO DISCLOSE THE GRAND JURY MATERIALS TO THE
GOVERNOR AND THE GOVERNOR'S STAFF  AS  PART  OF  A  RECOMMENDATION  MADE
PURSUANT  TO  SECTION  SIX-A  OF  THE  EXECUTIVE LAW AND THEREFORE, SUCH
DISCLOSURE SHALL NOT BE AN UNLAWFUL GRAND JURY DISCLOSURE UNDER  SECTION
215.70  OF THE PENAL LAW. THE INDEPENDENT SPECIAL COUNSEL, THE GOVERNOR,
AND MEMBERS OF THE GOVERNOR'S STAFF MAY  NOT  DISCLOSE  ANY  GRAND  JURY
MATERIAL,  EXCEPT  AS  AUTHORIZED BY COURT ORDER ISSUED UPON APPLICATION
PURSUANT TO THIS SECTION, WITH THE EXCEPTION OF THE  LEGAL  INSTRUCTIONS
PROVIDED TO THE GRAND JURY WHICH HEARD EVIDENCE, AS PROVIDED IN SUBDIVI-
SION  SIX  OF SECTION SIX-A OF THE EXECUTIVE LAW. THE LEGAL INSTRUCTIONS
MAY BE MADE PUBLIC PROVIDED THAT ALL NAMES AND  IDENTIFYING  INFORMATION
ARE  REDACTED.  FOR  THE  LIMITED  AND  EXCLUSIVE PURPOSE OF MAKING SUCH
APPLICATION, THE INDEPENDENT SPECIAL COUNSEL SHALL BE DEEMED A "DISTRICT
ATTORNEY." GRAND JURY MATERIAL PROVIDED TO THE INDEPENDENT SPECIAL COUN-
SEL SHALL REMAIN CONFIDENTIAL AND SHALL NOT  BE  SUBJECT  TO  DISCLOSURE
UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S  5.  The county law is amended by adding a new section 701-a to read
as follows:
  S 701-A. SPECIAL DISTRICT ATTORNEY. NOTWITHSTANDING ANY OTHER  LAW  TO
THE  CONTRARY,  WHENEVER CREDIBLE ALLEGATIONS OF THE USE OF DEADLY PHYS-
ICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR  OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED
IN  SUBDIVISION  THIRTY-THREE  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW, ACTING WITHIN HIS OR HER OFFICIAL  POWERS,  DUTIES,  FUNCTIONS,  OR
CAPACITY,  AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF
AN UNARMED PERSON, ARE RECEIVED BY THE GOVERNOR, OR HIS DESIGNEE  PURSU-
ANT  TO  SECTION SIX-A OF THE EXECUTIVE LAW, THE GOVERNOR SHALL HAVE THE
AUTHORITY TO APPOINT A SPECIAL  DISTRICT  ATTORNEY  TO  INVESTIGATE  THE
ALLEGATIONS  AND,  WHERE  APPROPRIATE,  PROSECUTE THE CASE. SUCH SPECIAL
DISTRICT ATTORNEY SHALL BE AN ATTORNEY AT LAW RESIDING WITHIN THE STATE.
  2. THE SPECIAL DISTRICT ATTORNEY SHALL POSSESS AND  EXERCISE  ALL  THE
POWERS  AND  PERFORM  ALL  THE  DUTIES  IN  RESPECT  OF  SUCH ACTIONS OR
PROCEEDINGS, WHICH THE DISTRICT ATTORNEY IS AUTHORIZED  OR  REQUIRED  TO
EXERCISE  OR PERFORM. THE SPECIAL DISTRICT ATTORNEY SHALL BE PROVIDED BY
THE DISTRICT ATTORNEY AND/OR THE SPECIAL INDEPENDENT COUNSEL AS  DEFINED
IN  SUBDIVISION ONE OF SECTION SIX-A OF THE EXECUTIVE LAW, ALL EVIDENTI-
ARY MATERIALS AS SET FORTH IN SUBDIVISION TWO OF SECTION  SIX-A  OF  THE
EXECUTIVE LAW.
  S 6. Section 230.20 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5.  ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERN-
ING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION  MAY  SEEK
LEAVE  TO  APPEAL  FROM  SUCH ORDER TO THE COURT OF APPEALS, PURSUANT TO
SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER.
  S 7. Section 450.90 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3. PROVIDED THAT A CERTIFICATE GRANTING  LEAVE  TO  APPEAL  IS  ISSUED
PURSUANT  TO SECTION 460.20 OF THIS TITLE, AN APPEAL MAY BE TAKEN TO THE

S. 6405                             7                            A. 9005

COURT OF APPEALS BY ANY PARTY AGGRIEVED BY AN  ORDER  OF  THE  APPELLATE
DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION
230.20  OF  THIS  CHAPTER. UPON THE REQUEST OF EITHER PARTY, THE HEARING
AND  DETERMINATION  OF  AN  APPEAL  GRANTED PURSUANT TO THIS SUBDIVISION
SHALL BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR  OF
THE  COURTS,  WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE BOARD OF
THE COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING  AND
DETERMINATION OF SUCH APPEALS.
  S 8. Section 215.70 of the penal law, as amended by chapter 843 of the
laws of 1980, is amended to read as follows:
S 215.70 Unlawful grand jury disclosure.
  A  person  is  guilty  of unlawful grand jury disclosure when, being a
grand juror, a public prosecutor, a grand  jury  stenographer,  a  grand
jury interpreter, a police officer or a peace officer guarding a witness
in  a  grand  jury  proceeding,  or  a clerk, attendant, warden or other
public servant having official duties in or about a grand jury  room  or
proceeding,  or  a  public  officer  or  public employee, OR INDEPENDENT
SPECIAL COUNSEL, AS DEFINED IN SUBDIVISION ONE OF SECTION SIX-A  OF  THE
EXECUTIVE  LAW,  OR  ANYONE  TO  WHOM  THE  INDEPENDENT  SPECIAL COUNSEL
DISCLOSES GRAND JURY MATERIAL PURSUANT TO PARAGRAPH (D)  OF  SUBDIVISION
FOUR  OF  SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, he OR SHE inten-
tionally discloses to another the nature or substance of any grand  jury
testimony,  or  any  decision,  result or other matter attending a grand
jury proceeding which is required by law to be kept  secret,  except  in
the proper discharge of his OR HER official duties or upon written order
of  the  court.   Nothing contained herein shall prohibit a witness from
disclosing his OR HER own testimony.
  Unlawful grand jury disclosure is a class E felony.
  S 9. Subdivision 4 of section 840 of the executive law is  amended  by
adding a new paragraph (c) to read as follows:
  (C) AS APPROPRIATE, REVIEW AND UPDATE ITS MODEL LAW ENFORCEMENT USE OF
FORCE  POLICY  SUITABLE  FOR  ADOPTION  BY  ANY  LAW  ENFORCEMENT AGENCY
THROUGHOUT THE STATE.  THE MOST CURRENT VERSION OF SUCH POLICY SHALL  BE
FILED  WITH  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES.   THE CHIEF OF
EVERY LOCAL POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE  SUPERINTEN-
DENT  OF  STATE  POLICE MUST IMPLEMENT A USE OF FORCE POLICY. THE USE OF
FORCE POLICY SHALL PROVIDE COMPREHENSIVE  GUIDANCE  TO  LAW  ENFORCEMENT
OFFICERS  ON THE PROPER USE OF FORCE, CONSISTENT WITH CURRENT LAW, AS IT
RELATES TO THE USE OF FORCE WHILE ACTING  WITHIN  HIS  OR  HER  OFFICIAL
POWERS,  DUTIES OR FUNCTIONS. THE USE OF FORCE POLICY SHOULD BE CONSIST-
ENT WITH THE MODEL LAW ENFORCEMENT POLICY AS REQUIRED  BY  THIS  SECTION
EXCEPT  THAT  A  DEPARTMENT  SHALL  NOT BE LIMITED FROM IMPOSING FURTHER
RESTRICTIONS OR ADDITIONAL GUIDANCE ON THE PROPER USE OF FORCE.
  S 10. The executive law is amended by adding a new  section  837-s  to
read as follows:
  S  837-S. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH RESPECT
TO ENFORCEMENT OF CERTAIN VIOLATIONS AND MISDEMEANORS.  1. THE CHIEF  OF
EVERY  POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF
STATE POLICE SHALL REPORT, ANNUALLY, TO THE DIVISION THE TOTAL NUMBER OF
ARRESTS MADE OR APPEARANCE TICKETS OR SUMMONSES ISSUED BY A LAW ENFORCE-
MENT OFFICER FOR OFFENSES WHICH DO NOT REQUIRE  THE  TAKING  OF  FINGER-
PRINTS  PURSUANT  TO  SUBDIVISION  ONE OF SECTION 160.10 OF THE CRIMINAL
PROCEDURE LAW. SUCH REPORTS SHALL BE IN THE FORM AND  MANNER  PRESCRIBED
BY THE DIVISION AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION DEEMS
NECESSARY INCLUDING, BUT NOT LIMITED TO, THE AGE, SEX, RACE AND ETHNICI-
TY OF THE PERSON ARRESTED OR TO WHOM AN APPEARANCE TICKET WAS ISSUED.

S. 6405                             8                            A. 9005

  2.  THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE
SUPERINTENDENT OF STATE POLICE SHALL REPORT TO THE DIVISION ANY  ARREST-
RELATED  DEATH  IN  THE  FORM  AND MANNER PRESCRIBED BY THE DIVISION. AN
ARREST-RELATED DEATH IS A DEATH  WHICH  OCCURS  DURING  LAW  ENFORCEMENT
CUSTODY  OR  AN  ATTEMPT TO ESTABLISH CUSTODY INCLUDING, BUT NOT LIMITED
TO, DEATHS CAUSED BY ANY USE OF FORCE.
  S 11. Subdivision 3 of section 690.35 of the criminal procedure law is
amended by adding a new paragraph (f) to read as follows:
  (F) A STATEMENT WHETHER THE  APPLICATION  FOR  THE  WARRANT  HAD  BEEN
PREVIOUSLY  SUBMITTED  TO  ANOTHER  JUDGE, AND IF SO, THE STATEMENT MUST
INCLUDE THE NAME OF THE JUDGE OR JUDGES  TO  WHOM  THE  APPLICATION  WAS
PREVIOUSLY  SUBMITTED,  THE  RESULT OF SUCH APPLICATION OR APPLICATIONS,
AND WHEN SUCH APPLICATION OR APPLICATIONS WERE MADE.
  S 12. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 13. This act shall take effect on the thirtieth day after  it  shall
have become a law and shall apply only to acts that occurred on or after
such effective date, except that section one of this act shall remain in
effect  until  the expiration of the term of the fifty-sixth governor of
New York State and that section eleven of this act shall take effect  on
the one hundred eightieth day after it shall have become a law.

                                 PART B

  Section  1.  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 25 of part B of chapter 55 of the laws of 2015,  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, [2016] 2017, when it shall  expire  and
be deemed repealed.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2016.

                                 PART C

  Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
law,  as  amended  by  section  1 of part D of chapter 55 of the laws of
2014, is amended to read as follows:
  (b) The sum of one million  five  hundred  thousand  dollars  must  be
deposited into the New York state emergency services revolving loan fund
annually;  provided,  however, that such sums shall not be deposited for
state fiscal years two thousand eleven--two thousand twelve,  two  thou-
sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
fifteen [and], two thousand fifteen--two thousand sixteen, TWO  THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
  S 2. This act shall take effect immediately.

S. 6405                             9                            A. 9005

                                 PART D

  Section  1.  Notwithstanding any law to the contrary, the responsibil-
ities, duties and functions, pursuant to subdivision 2 of section 70  of
the  civil  service  law,  of  the intelligence and analysis unit of the
office of counterterrorism within the division of homeland security  and
emergency services shall be transferred to the division of state police.
  S  2.  Paragraphs  (f)  and (g) of subdivision 2 of section 709 of the
executive law, as amended by section 14 of part B of chapter 56  of  the
laws of 2010, are amended to read as follows:
  (f)  coordinate  state  resources  for  the collection and analysis of
information relating to [terrorist threats and terrorist activities  and
other]  natural  and  man-made disasters throughout the state subject to
any applicable laws, rules, or regulations;
  (g) coordinate and facilitate information sharing among local,  state,
and  federal  [law  enforcement] agencies to ensure appropriate intelli-
gence to assist in the early identification of and response  to  [poten-
tial  terrorist  activities  and  other] natural and man-made disasters,
subject to any applicable laws,  rules,  or  regulations  governing  the
release, disclosure or sharing of any such information;
  S  3.  Section 709-a of the executive law, as added by section 15-a of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 709-a. Office of counterterrorism. The  office  of  counterterrorism
shall develop and analyze the state's policies, protocols and strategies
relating to the prevention and detection of terrorist acts and terrorist
threats. The office shall also be responsible for [the collection, anal-
ysis  and  sharing  of  information  relating  to  terrorist threats and
terrorist activities throughout  the  state;]  coordinating  strategies,
protocols  and  first  responder equipment needs to detect a biological,
chemical or radiological terrorist act or threat; working  with  private
entities and local, state and federal agencies to conduct assessments of
the  vulnerability  of  critical infrastructure to terrorist attack; and
consulting with appropriate state  and  local  governments  and  private
entities  to  facilitate  and  foster  cooperation to better prepare the
state to prevent and detect threats and acts of terrorism.
  S 4. 1. Transfer of records. Upon the transfer of functions,  pursuant
to section 1 of this act, the division of homeland security and emergen-
cy services shall deliver to the division of state police, all pertinent
books, papers, records and property.
  2. Existing rights and remedies preserved. No existing right or remedy
of  any  character shall be lost, impaired or affected by reason of this
act.
  3. Pending actions and proceedings. No action or proceeding pending at
the time when this act shall take effect,  brought  by  or  against  the
division  of  homeland  security  and emergency services relating to the
function, power or duty transferred to or devolved upon the division  of
state  police  shall be affected by this act, but the same may be prose-
cuted or defended in the name of the division of state police  and  upon
the  application  to  the  court,  the division of state police shall be
substituted as a party.
  4. Completion of unfinished business. Any  business  or  other  matter
undertaken  or  commenced by the division of homeland security and emer-
gency services pertaining to or connected with  the  functions,  powers,
obligations and duties transferred and assigned to the division of state
police,  pending on the effective date of this act, may be conducted and
completed by the division of state police in the same manner  and  under

S. 6405                            10                            A. 9005

the  same  terms and conditions and with the same effect as if conducted
and completed  by  the  division  of  homeland  security  and  emergency
services.
  S 5. This act shall take effect immediately.

                                 PART E

  Section  1. Section 5 of chapter 268 of the laws of 1996, amending the
education law and the state finance law relating to providing a recruit-
ment incentive and retention program for certain active members  of  the
New  York army national guard, New York air national guard, and New York
naval militia, as amended by section 24 of part A of chapter 57  of  the
laws of 2011, is amended to read as follows:
  S  5.  This act shall take effect January 1, 1997 and shall expire and
be deemed repealed September 1, [2016] 2021; provided  that  any  person
who  has  begun to receive the benefits of this act prior to its expira-
tion and repeal shall be entitled to continue to receive the benefits of
this act after its expiration and repeal until completion of a baccalau-
reate degree or cessation of  status  as  an  active  member,  whichever
occurs first.
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1. Subdivision 5 of section 362 of the chapter 83 of the laws
of 1995 amending the state finance law and other laws relating to bonds,
notes and revenues, as amended by section 37 of part L of chapter 55  of
the laws of 2012, is amended to read as follows:
  5. Sections thirty-one through forty-two of this act shall take effect
on  the  thirtieth  day  after  it  shall have become a law and shall be
deemed to have been in full force and  effect  on  and  after  April  1,
1995[;  provided  that section 163 of the state finance law, as added by
section thirty-three of this act shall remain in full force  and  effect
until  June  30,  2016  at  which  time  it  shall  expire and be deemed
repealed. Contracts executed prior to the expiration of such section 163
shall remain in full force and effect until the expiration of  any  such
contract  notwithstanding  the  expiration of certain provisions of this
act].
  S 2. Section 16 of chapter 1 of the laws of 2005, amending  the  state
finance  law relating to restricting contacts in the procurement process
and the recording of contacts relating thereto, as amended by chapter 62
of the laws of 2014, is amended to read as follows:
  S 16. This act shall take effect immediately; provided, however,  that
sections  one,  six,  eight,  nine,  ten, eleven and fifteen of this act
shall take effect January 1, 2006; and provided, however, the amendments
to paragraph f of subdivision 9 of section 163 of the state finance  law
made  by section fifteen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further,  that
the  amendments to article 1-A of the legislative law, made by this act,
shall not affect the repeal of such article pursuant to chapter 2 of the
laws of 1999, as  amended,  and  shall  be  deemed  repealed  therewith;
provided, further, that sections thirteen and fourteen of this act shall
take  effect  January  1,  2006  [and  shall be deemed repealed July 31,
2016]; provided, further, that effective immediately, the advisory coun-
cil on procurement lobbying created pursuant to section twelve  of  this
act  shall  be constituted no later than sixty days following the effec-

S. 6405                            11                            A. 9005

tive date of this act, provided that effective sixty days following  the
effective date of this act, the advisory council on procurement lobbying
shall  be  authorized  to  establish  model guidelines and to add, amend
and/or  repeal any rules or regulations necessary for the implementation
of its duties under sections twelve and thirteen of this  act,  and  the
advisory  council  authorized to make and complete such model guidelines
on or before the  effective  date  of  section  thirteen  of  this  act;
provided,  further,  that  procurement contracts for which bid solicita-
tions have been issued prior to the effective date of this act shall  be
awarded pursuant to the provisions of law in effect at the time of issu-
ance.
  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, 2016.

                                 PART G

  Section 1. Section 13-b of the workers' compensation law,  as  amended
by  chapter  1068  of the laws of 1960, the section heading and subdivi-
sions 1 and 2 as amended by chapter 473 of the laws of 2000, and  subdi-
vision 3 as amended by section 85 of part A of chapter 58 of the laws of
2010, is amended to read as follows:
  S  13-b.  Authorization of [physicians] PROVIDERS, medical bureaus and
laboratories by the chair. 1. [Upon the recommendation  of  the  medical
society of the county in which the physician's office is located or of a
board  designated by such county society or of a board representing duly
licensed physicians of any other school  of  medical  practice  in  such
county, the chair may authorize physicians licensed to practice medicine
in  the  state of New York to render medical care under this chapter and
to perform independent medical examinations in accordance with  subdivi-
sion  four  of section thirteen-a of this article. If, within sixty days
after the chair requests such recommendations  the  medical  society  of
such  county  or  board  fails to act, or if there is no such society in
such county, the chair shall designate  a  board  of  three  outstanding
physicians, who shall make the requisite recommendations.
  No such authorization shall be made in the absence of a recommendation
of the appropriate society or board or of a review and recommendation by
the medical appeals unit. No person shall render medical care or conduct
independent medical examinations under this chapter without such author-
ization  by  the  chair,  provided,  that:] AS USED IN THIS CHAPTER, THE
FOLLOWING DEFINITIONS SHALL HAVE THE  FOLLOWING  MEANINGS  UNLESS  THEIR
CONTEXT REQUIRES OTHERWISE:
  (A)  "ACUPUNCTURIST"  SHALL MEAN LICENSED AS HAVING COMPLETED A FORMAL
COURSE OF STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE WITH  THE
EDUCATION LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AND THE
REQUIREMENTS OF THE BOARD OF REGENTS. ACUPUNCTURISTS ARE REQUIRED BY THE
EDUCATION  LAW  TO  ADVISE,  IN WRITING, EACH PATIENT OF THE REQUIREMENT
THAT HE OR SHE CONSULT WITH A PHYSICIAN FOR THE CONDITION OR  CONDITIONS
NECESSITATING ACUPUNCTURE CARE, AS PRESCRIBED BY SUCH LAW.
  (B)  "AUTHORIZATION  AGREEMENT"  SHALL  MEAN  AN AGREEMENT BETWEEN THE
CHAIR AND THE PROVIDER SIGNED BY  THE  PROVIDER  DESIROUS  OF  RENDERING
MEDICAL  CARE AND/OR TREATMENT TO A CLAIMANT OR CLAIMANTS INJURED IN THE
COURSE OF THEIR EMPLOYMENT AND/OR TO CONDUCT INDEPENDENT  MEDICAL  EXAM-
INATIONS.
  (C)  "CHAIR"  OF  THE BOARD SHALL MEAN EITHER THE CHAIR OR THE CHAIR'S
DESIGNEE.

S. 6405                            12                            A. 9005

  (D) "CHIROPRACTOR" SHALL MEAN LICENSED AND HAVING COMPLETED TWO  YEARS
OF  PREPROFESSIONAL  COLLEGE  STUDY  AND A FOUR-YEAR RESIDENT PROGRAM IN
CHIROPRACTIC IN ACCORDANCE WITH THE EDUCATION LAW, AND  CONSISTENT  WITH
THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION.
  (E)  "NURSE  PRACTITIONER"  SHALL  MEAN  A LICENSED PROFESSIONAL NURSE
CERTIFIED BY A NATIONAL CERTIFYING BODY AS HAVING COMPLETED THE REQUIRED
EDUCATIONAL PROGRAM IN ACCORDANCE WITH THE EDUCATION LAW AND  THE  REGU-
LATIONS OF THE COMMISSIONER OF EDUCATION.
  (F)  "OCCUPATIONAL  THERAPIST"  SHALL  MEAN LICENSED AS HAVING A BACH-
ELOR'S OR MASTER'S DEGREE IN  OCCUPATIONAL  THERAPY  FROM  A  REGISTERED
PROGRAM  WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE
RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS  OF  POSTSECONDARY
STUDY,  WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN
ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION.
  (G) "PHYSICAL THERAPIST" SHALL MEAN LICENSED  AS  HAVING  COMPLETED  A
MASTER'S  DEGREE  OR  HIGHER  IN PHYSICAL THERAPY IN ACCORDANCE WITH THE
EDUCATION LAW AND THE LICENSING  REQUIREMENTS  OF  THE  COMMISSIONER  OF
EDUCATION.
  (H)  "PHYSICIAN"  SHALL MEAN LICENSED WITH A DEGREE OF DOCTOR OF MEDI-
CINE, M.D., OR DOCTOR OF OSTEOPATHY, D.O., OR AN  EQUIVALENT  DEGREE  IN
ACCORDANCE  WITH THE EDUCATION LAW AND THE LICENSING REQUIREMENTS OF THE
STATE BOARD OF MEDICINE AND  THE  REGULATIONS  OF  THE  COMMISSIONER  OF
EDUCATION.
  (I)  "PHYSICIANS'  ASSISTANT"  SHALL  MEAN A LICENSED PROVIDER WHO HAS
GRADUATED FROM A TWO-TO-FOUR YEAR STATE-APPROVED  PHYSICIANS'  ASSISTANT
PROGRAM,  HAS  PASSED  A  LICENSING  EXAMINATION,  AND WHOSE ACTIONS AND
DUTIES ARE WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN
ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION.
  (J) "PODIATRIST" SHALL MEAN LICENSED AS  HAVING  RECEIVED  A  DOCTORAL
DEGREE IN PODIATRY IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSION-
ER  OF EDUCATION AND THE EDUCATION LAW, AND MUST SATISFACTORILY MEET ALL
OTHER REQUIREMENTS OF THE STATE BOARD FOR PODIATRY.
  (K) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR,
INDEPENDENT MEDICAL EXAMINER, NURSE  PRACTITIONER,  PHYSICAL  THERAPIST,
PHYSICIAN,  PHYSICIANS'  ASSISTANT,  PODIATRIST, PSYCHOLOGIST, OR SOCIAL
WORKER SUBJECT TO AN AUTHORIZATION AGREEMENT.
  (L) "PSYCHOLOGIST" SHALL MEAN LICENSED AS HAVING RECEIVED  A  DOCTORAL
DEGREE  IN  PSYCHOLOGY  FROM A PROGRAM OF PSYCHOLOGY REGISTERED WITH THE
DEPARTMENT OF EDUCATION OR THE SUBSTANTIAL EQUIVALENT THEREOF IN ACCORD-
ANCE WITH THE EDUCATION LAW, THE REQUIREMENTS OF  THE  STATE  BOARD  FOR
PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
  (M)  "SOCIAL  WORKER"  SHALL  MEAN  LICENSED CLINICAL SOCIAL WORKER. A
LICENSED CLINICAL SOCIAL WORKER HAS COMPLETED A MASTER'S OF SOCIAL  WORK
THAT  INCLUDES COMPLETION OF A CORE CURRICULUM OF AT LEAST TWELVE CREDIT
HOURS OF CLINICAL  COURSES  OR  THE  EQUIVALENT  POST-GRADUATE  CLINICAL
COURSEWORK, IN ACCORDANCE WITH THE EDUCATION LAW AND THE COMMISSIONER OF
EDUCATION.
  [(a)]  2.  Any  [physician]  PROVIDER  licensed [to practice medicine]
PURSUANT TO THE EDUCATION LAW TO PROVIDE MEDICAL CARE AND  TREATMENT  in
the  state of New York may render emergency [medical] care AND TREATMENT
IN AN EMERGENCY HOSPITAL OR  URGENT  CARE  SETTING  PROVIDING  EMERGENCY
TREATMENT  under  this  chapter without authorization by the chair under
this section; [and]

S. 6405                            13                            A. 9005

  [(b) A] (A) SUCH licensed [physician] PROVIDER AS  IDENTIFIED  IN  THE
OPENING  PARAGRAPH OF THIS SUBDIVISION who is [a member of a constituted
medical staff of any hospital] ON STAFF AT ANY HOSPITAL OR  URGENT  CARE
CENTER  PROVIDING EMERGENCY TREATMENT may [render] CONTINUE SUCH medical
care  under  this chapter while an injured employee remains a patient in
such hospital OR URGENT CARE SETTING; and
  [(c)] (B) Under the [active and personal]  DIRECT  supervision  of  an
authorized  [physician]  PROVIDER,  medical  care  may  be rendered by a
registered nurse or other person trained  in  laboratory  or  diagnostic
techniques  within  the  scope of such person's specialized training and
qualifications. This supervision shall be evidenced by signed records of
instructions for treatment and signed records of the patient's condition
and progress. Reports of such treatment and supervision shall be made by
such [physician] PROVIDER to the chair on such forms and at  such  times
as the chair may require.
  [(d)  Upon  the  referral which may be directive as to treatment of an
authorized physician physical therapy care may be  rendered  by  a  duly
licensed  physical  therapist.  Where  physical therapy care is rendered
records of the patient's condition and progress, together  with  records
of  instruction  for treatment, if any, shall be maintained by the phys-
ical therapist and physician. Said records shall  be  submitted  to  the
chair on such forms and at such times as the chair may require.
  (e) Upon the prescription or referral of an authorized physician occu-
pational  therapy  care  may be rendered by a duly licensed occupational
therapist. Where occupational therapy care is rendered  records  of  the
patient's  condition  and progress, together with records of instruction
for treatment, if any shall be maintained by the occupational  therapist
and physician. Said records shall be submitted to the chair on forms and
at such times as the chair may require.
  (f)] (C) Where it would place an unreasonable burden upon the employer
or carrier to arrange for, or for the claimant to attend, an independent
medical  examination by an authorized [physician] PROVIDER, the employer
or carrier shall arrange for such examination to be performed by a qual-
ified [physician] PROVIDER in  a  medical  facility  convenient  to  the
claimant.
  (D) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN, CARE
OR  TREATMENT  MAY  BE  RENDERED TO AN INJURED EMPLOYEE BY AN AUTHORIZED
PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST PROVIDED THE
CONDITIONS AND THE TREATMENT PERFORMED ARE AMONG THE CONDITIONS THAT THE
PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST  IS  AUTHOR-
IZED  TO  TREAT  PURSUANT TO THE EDUCATION LAW OR THE REGULATIONS OF THE
COMMISSIONER OF  EDUCATION.    WHERE  ANY  SUCH  CARE  OR  TREATMENT  IS
RENDERED, RECORDS OF THE PATIENT'S CONDITION AND PROGRESS, TOGETHER WITH
RECORDS OF INSTRUCTION FOR TREATMENT, IF ANY, SHALL BE MAINTAINED BY THE
PHYSICAL  THERAPIST,  OCCUPATIONAL  THERAPIST,  ACUPUNCTURIST  RENDERING
TREATMENT AND BY THE REFERRING PHYSICIAN. SAID RECORDS SHALL BE  SUBMIT-
TED TO THE CHAIR ON FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
  (E)  A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST, OCCUPATIONAL
THERAPIST, ACUPUNCTURIST OR PHYSICIAN'S ASSISTANT SHALL NOT  BE  CONSID-
ERED  AS  EVIDENCE OF (1) THE CAUSAL RELATIONSHIP OF ANY CONDITION TO AN
ACCIDENT OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER OR (2) DISABILITY OR
THE DEGREE THEREOF, NOR MAY ANY SUCH  PROVIDER  PERFORM  AN  INDEPENDENT
MEDICAL EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER.
  [2] 3.  A [physician licensed to practice medicine in the state of New
York  who  is]  PROVIDER  PROPERLY LICENSED OR CERTIFIED PURSUANT TO THE
REGULATIONS OF THE COMMISSIONER OF EDUCATION AND THE REQUIREMENTS OF THE

S. 6405                            14                            A. 9005

EDUCATION LAW desirous of being authorized to render medical care  under
this  chapter  and/or  to  conduct  independent  medical examinations in
accordance with paragraph (b) of subdivision four of section  thirteen-a
and  section  one  hundred  thirty-seven  of this chapter shall [file an
application for authorization under this chapter with the medical socie-
ty in the county in which his or her office is located, or with a  board
designated  by  such society, or with a board designated by the chair as
provided in this section. In such application the applicant shall  state
his  or her training and qualifications, and shall agree to limit his or
her professional activities under this chapter to such medical care  and
independent  medical examinations, as his or her experience and training
qualify him or her to render] SIGN AN  AUTHORIZATION  AGREEMENT.    [The
applicant  shall  further agree to refrain] THE PROVIDER AGREES TO ABIDE
BY THE TERMS, CONDITIONS, AND LIMITATIONS OUTLINED IN THE  AUTHORIZATION
AGREEMENT,  INCLUDING,  BUT  NOT LIMITED TO REFRAINING from subsequently
treating for remuneration, as a  private  patient,  any  person  seeking
medical  treatment, or submitting to an independent medical examination,
in connection with, or as a result of, any injury compensable under this
chapter, if he or she has been removed from  the  list  of  [physicians]
PROVIDERS  authorized  to  render medical care or to conduct independent
medical examinations under this chapter, or if the person  seeking  such
treatment, or submitting to an independent medical examination, has been
transferred  from  his  or her care in accordance with the provisions of
this chapter. This agreement shall run to the  benefit  of  the  injured
person so treated or examined, and shall be available to him or her as a
defense  in  any  action  by  such  [physician] PROVIDER for payment for
treatment rendered by a [physician] PROVIDER after he or  she  has  been
removed  from  the  list  of [physicians] PROVIDERS authorized to render
medical care or to conduct independent medical examinations  under  this
chapter,  or  after  the  injured person was transferred from his or her
care in accordance with the provisions of  this  chapter.  [The  medical
society  or  the  board  designated  by  it,  or  the board as otherwise
provided under this section, if it deems such  licensed  physician  duly
qualified,  shall  recommend to the chair that such physician be author-
ized to render medical care and/or conduct independent medical  examina-
tions  under  this  chapter,  and  such recommendation and authorization
shall specify the character of the medical care or  independent  medical
examination  which  such physician is qualified and authorized to render
under this chapter. Such recommendations shall be advisory to the  chair
only  and  shall  not  be  binding  or  conclusive  upon him or her. The
licensed  physician  may  present  to  the  medical  society  or  board,
evidences  of additional qualifications at any time subsequent to his or
her original application. If the  medical  society  or  board  fails  to
recommend  to the chair that a physician be authorized to render medical
care and/or to conduct independent medical examinations under this chap-
ter, the physician may appeal to the medical appeals unit.  The  medical
society  or  the  board  designated  by  it,  or  the board as otherwise
provided under this section, may upon its own initiative, or shall  upon
request  of  the  chair,  review  at  any time the qualifications of any
physician as to the character of the medical care or independent medical
examinations which such physician has  theretofore  been  authorized  to
render  under  this  chapter  and  may  recommend to the chair that such
physician be authorized to render medical care or to conduct independent
medical examinations thereafter of the character which such physician is
then qualified to render. On such advisory recommendation the chair  may
review  and  after reasonable investigation may revise the authorization

S. 6405                            15                            A. 9005

of a physician in respect to the character of  medical  care  and/or  to
conduct  independent  medical examinations which he or she is authorized
to render. If the medical society or board recommends to the chair  that
a physician be authorized to render medical care and/or to conduct inde-
pendent medical examinations under this chapter of a character different
from  the  character of medical care or independent medical examinations
he or she has been theretofore authorized to render, such physician  may
appeal from such recommendation to the medical appeals unit.
  3]  4.   Laboratories and bureaus engaged in x-ray diagnosis or treat-
ment or in physiotherapy  or  other  therapeutic  procedures  and  which
participate in the diagnosis or treatment of injured [workmen] CLAIMANTS
under  this chapter shall be operated or supervised by [qualified physi-
cians duly authorized] AUTHORIZED PROVIDERS under this chapter and shall
be subject to the provisions of section thirteen-c of this article.  The
person  in  charge of diagnostic clinical laboratories [duly] authorized
under this chapter shall possess the qualifications established  by  the
public  health  and  health  planning  council for approval by the state
commissioner of health or, in the city of New York,  the  qualifications
approved  by  the  board  of  health of said city and shall maintain the
standards of work required for such approval.
  S 2. Section 13-d of the workers'  compensation  law,  as  amended  by
chapter  459 of the laws of 1944, the section heading and subdivisions 1
and 2 as amended by chapter 473 of the laws of 2000, paragraphs (a)  and
(b)  of subdivision 2 as amended and subdivision 5 as added by chapter 6
of the laws of 2007 and subdivision 4 as amended by chapter 1068 of  the
laws of 1960, is amended to read as follows:
  S  13-d. Removal of [physicians] PROVIDERS from lists of those author-
ized to render medical care or to conduct independent  medical  examina-
tions.  1.  [The  medical society of the county in which the physician's
office is located at the time or a board designated by such county soci-
ety or a board representing duly licensed physicians of any other school
of medical practice in such county  shall  investigate,  hear  and  make
findings with respect to all charges as to professional or other miscon-
duct  of  any  authorized  physician  as herein provided under rules and
procedure to be prescribed by the medical appeals unit, and shall report
evidence of such misconduct, with their findings and recommendation with
respect thereto, to the chair. Failure to  commence  such  investigation
within  sixty days from the date the charges are referred to the society
by the chair or submit findings  and  recommendations  relating  to  the
charges  within  one  hundred  eighty days from the date the charges are
referred shall empower the chair to appoint, as  a  hearing  officer,  a
member  of  the  board,  employee, or other qualified hearing officer to
hear and report on the charges to the chair. A qualified  hearing  offi-
cer,  who is neither a member of the board, or employee thereof shall be
paid at a reasonable per diem rate to be fixed by the chair.
  Such investigation, hearing, findings, recommendation and  report  may
be  made by the society or board of an adjoining county upon the request
of the medical society of the county in which the alleged misconduct  or
infraction  of  this  chapter  occurred,  subject  to the time limit and
conditions set forth herein. The medical appeals unit shall  review  the
findings and recommendation of such medical society or board, or hearing
officer appointed by the chair upon application of the accused physician
and  may  reopen  the matter and receive further evidence. The findings,
decision and recommendation of such society, board  or  hearing  officer
appointed  by the chair or medical appeals unit shall be advisory to the
chair only, and shall not be binding or conclusive upon him or her.

S. 6405                            16                            A. 9005

  2.] The chair shall [remove from the list of physicians authorized to]
TEMPORARILY SUSPEND, REVOKE, OR OTHERWISE LIMIT THE AUTHORIZATION OF ANY
PROVIDER TO render medical care under this chapter, or to conduct  inde-
pendent  medical examinations in accordance with paragraph (b) of subdi-
vision  four  of  section  thirteen-a  of this article, [the name of any
physician who he or she shall find] SHOULD HE OR SHE FIND, after reason-
able investigation [is disqualified because such physician:], THAT  SUCH
PROVIDER  HAS  FAILED  TO  RENDER  COMPETENT,  PROFESSIONAL,  OR QUALITY
MEDICAL CARE AND TREATMENT UNDER THIS CHAPTER.
  2. A PROVIDER'S FAILURE TO PROVIDE THE STANDARD OF CARE OR HIS OR  HER
BREACH  OF  THE  DUTY  TO  PROVIDE  COMPETENT,  PROFESSIONAL, OR QUALITY
MEDICAL CARE AND TREATMENT UNDER  THIS  CHAPTER  CAN  BE  FOUND  IN  THE
FOLLOWING ACTS OF MISCONDUCT:
  (a)  has  [been  guilty  of] COMMITTED professional, MEDICAL, or other
misconduct or incompetency in connection with rendering medical services
under the law OR HAS VIOLATED ANY OF THE SPECIFIED GROUNDS FOR UNPROFES-
SIONAL CONDUCT AS MORE FULLY SET FORTH IN  THE  EDUCATION  LAW,  SPECIF-
ICALLY  THE RULES OF THE BOARD OF REGENTS, THE OFFICE OF PROFESSIONS, OR
THE REGULATIONS OF THE COMMISSIONER OF EDUCATION; or
  (b) has exceeded the limits of his or her professional  competence  in
rendering medical care or in conducting independent medical examinations
under  the law[,] or has made materially false statements [regarding his
or her qualifications in his or her application for  the  recommendation
of  the  medical  society  or board as provided in section thirteen-b of
this article] IN CONNECTION WITH THE AUTHORIZATION AGREEMENT; or
  (c) has failed to transmit copies of  medical  reports  to  claimant's
attorney  or  licensed  representative as provided in subdivision (f) of
section thirteen of this article; or  has  failed  to  submit  full  and
truthful medical reports of all his or her findings to the employer, and
directly  to  the  chair or the board within the time limits provided in
subdivision four of section thirteen-a of this article with  the  excep-
tion  of  injuries which do not require (1) more than ordinary first aid
or more than two treatments by a physician  or  person  rendering  first
aid, or (2) loss of time from regular duties of one day beyond the work-
ing day or shift; or
  (d) knowingly made a false statement or representation as to a materi-
al fact in any medical report made pursuant to this chapter or in testi-
fying  or otherwise providing information for the purposes of this chap-
ter; or
  (e) has solicited, or has employed another to solicit for  himself  or
herself  or  for another, professional treatment, examination or care of
an injured employee in connection with any claim under this chapter; or
  (f) has refused to appear before, to testify, to submit to  a  deposi-
tion,  or  to answer upon request of, the chair, board, [medical appeals
unit] or any duly authorized officer of the state, any  legal  question,
or  to produce any relevant book [or], paper, OR RESPONSE concerning his
or her conduct under any authorization [granted to him or her under this
chapter] OR AUTHORIZATION AGREEMENT; or
  (g) has directly or indirectly [requested, received or participated in
the division, transference, assignment, rebating, splitting or refunding
of a fee for, or has directly or indirectly requested, received or prof-
ited by means of a credit or other valuable consideration as  a  commis-
sion,  discount or gratuity in connection with the furnishing of medical
or surgical care,  an  independent  medical  examination,  diagnosis  or
treatment  or service, including X-ray examination and treatment, or for
or in connection with the sale, rental, supplying or furnishing of clin-

S. 6405                            17                            A. 9005

ical laboratory services  or  supplies,  X-ray  laboratory  services  or
supplies,  inhalation  therapy  service or equipment, ambulance service,
hospital or medical supplies, physiotherapy or other therapeutic service
or  equipment,  artificial  limbs, teeth or eyes, orthopedic or surgical
appliances or  supplies,  optical  appliances,  supplies  or  equipment,
devices  for  aid  of hearing, drugs, medication or medical supplies, or
any other goods, services or supplies prescribed for medical  diagnosis,
care  or  treatment, under this chapter; except that reasonable payment,
not exceeding the technical component fee permitted in the  medical  fee
schedule, established under this chapter for X-ray examinations, diagno-
sis or treatment, may be made by a physician duly authorized as a roent-
genologist  to any hospital furnishing facilities and equipment for such
examination, diagnosis or treatment, provided  such  hospital  does  not
also  submit  a  charge for the same services. Nothing contained in this
paragraph shall prohibit such physicians who practice  as  partners,  in
groups or as a professional corporation or as a university faculty prac-
tice  corporation  from  pooling fees and moneys received, either by the
partnership,  professional  corporation,  university  faculty   practice
corporation or group by the individual members thereof, for professional
services furnished by any individual professional member, or employee of
such  partnership,  corporation  or  group,  nor shall the professionals
constituting the partnerships, corporations,  or  groups  be  prohibited
from  sharing,  dividing or apportioning the fees and moneys received by
them or by the partnership, corporation or group in  accordance  with  a
partnership  or other agreement], WHILE TEMPORARILY SUSPENDED, BENEFITED
FROM THE SPLITTING OR POOLING OF FEES BY MANAGING OR DIRECTING A MEDICAL
PRACTICE EMPLOYING OR HIRING OTHER AUTHORIZED PROVIDERS TO RENDER TREAT-
MENT UNDER THIS CHAPTER, SUPERVISED CARE AND TREATMENT UNDER THIS  CHAP-
TER,  OR  SUBMITTED  FOR REIMBURSEMENT BOARD FORMS FOR SERVICES RENDERED
UNDER THIS CHAPTER; OR
  (H) HAS VIOLATED ANY OF THE PROVISIONS OUTLINED IN SECTION THIRTEEN OF
THIS ARTICLE, THE RULES, POLICIES, AND REGULATIONS  PROMULGATED  BY  THE
BOARD,  THE  PROVIDER'S  MEDICAL LICENSE REQUIREMENTS, AS MORE FULLY SET
FORTH IN THE PUBLIC HEALTH LAW AND THE EDUCATION LAW,  OR  THE  REQUIRE-
MENTS SET FORTH IN THE AUTHORIZATION AGREEMENT; OR
  (I)  HAS  BEEN  SUBJECT  TO A CONDITION, LIMITATION, OR FINDING BY THE
DEPARTMENT OF HEALTH IN A REPORT, DETERMINATION, OR ANY  TYPE  OF  ORDER
RESULTING FROM ALLEGATIONS OF MISCONDUCT.
  3. [Any person who violates or attempts to violate, and any person who
aids  another  to  violate  or  attempts  to  induce  him to violate the
provisions of paragraph (g) of subdivision two of this section shall  be
guilty  of a misdemeanor] ONCE SUSPENDED, REVOKED, OR LIMITED, A SURGEON
MAY PROVIDE ONLY REQUIRED AND NECESSARY POST-SURGICAL CARE AND TREATMENT
TO A WORKERS' COMPENSATION PATIENT RECOVERING FROM A SURGICAL  PROCEDURE
PERFORMED  WITHIN A REASONABLE TIME FRAME PRIOR TO THE EFFECTIVE DATE OF
THE PROVIDER'S AUTHORIZATION SUSPENSION OR REVOCATION.
  4. [Nothing] IN ADDITION TO THE POWER OR DUTY OF THE CHAIR  TO  TEMPO-
RARILY  SUSPEND,  REVOKE,  OR  OTHERWISE  LIMIT  THE  AUTHORIZATION OF A
PROVIDER IN THE EVENT THAT ONE OF THE ACTS OF PROFESSIONAL, MEDICAL,  OR
OTHER  MISCONDUCT  IS  FOUND  TO EXIST, NOTHING in this section shall be
construed as limiting in any respect the [power or duty of the chairman]
CHAIR'S AUTHORITY to [investigate instances of misconduct, either before
or after investigation by a medical society or board as herein provided,
or to temporarily suspend the authorization of any physician that he may
believe to be guilty of such misconduct] IMPOSE A  FINE  NOT  TO  EXCEED
FIVE THOUSAND DOLLARS.

S. 6405                            18                            A. 9005

  [5.  Whenever  the department of health shall conduct an investigation
with respect to charges of professional or other misconduct by a  physi-
cian  which  results  in  a  report, determination or consent order that
includes a finding of professional or other misconduct  or  incompetency
by  such  physician,  the  chair  shall have full power and authority to
temporarily suspend, revoke or otherwise limit the  authorization  under
this  chapter  of  any  physician upon such finding by the department of
health that the physician has  been  guilty  of  professional  or  other
misconduct.  The  recommendations  of  the department of health shall be
advisory to the chair only and shall not be binding or  conclusive  upon
the chair.]
  S  3.  Subdivision 2 of section 13-k of the workers' compensation law,
as amended by chapter 473 of the laws of 2000, is  amended  to  read  as
follows:
  2.  An  employee  injured  under  circumstances which make such injury
compensable under this article, when care is required for an  injury  to
the  foot  which injury or resultant condition therefrom may lawfully be
treated by a duly registered and licensed podiatrist of the state of New
York, may select to treat him or her any podiatrist  authorized  by  the
chair to render podiatry care, as hereinafter provided. If the injury or
condition is one which is without the limits prescribed by the education
law  for  podiatry  care  and treatment, or the injuries involved affect
other parts of the body in addition to the  foot,  the  said  podiatrist
must  so  advise  the  said  injured employee and instruct him or her to
consult a physician of said employee's choice for appropriate  care  and
treatment.  Such physician shall thenceforth have overall supervision of
the treatment of said patient  including  the  future  treatment  to  be
administered  to the patient by the podiatrist. If for any reason during
the period when podiatry treatment and care is  required,  the  employee
wishes  to  transfer his or her treatment and care to another authorized
podiatrist he or she may do so, in accordance with rules  prescribed  by
the  chair,  provided  however that the employer shall be liable for the
proper fees of the original podiatrist for the care and treatment he  or
she  shall have rendered. [A podiatrist licensed and registered to prac-
tice podiatry in the state of New York who is desirous of being  author-
ized  to render podiatry care under this section and/or to conduct inde-
pendent  medical  examinations  in  accordance  with  paragraph  (b)  of
subdivision three of this section shall file an application for authori-
zation under this section with the podiatry practice committee.  In such
application  he or she shall agree to refrain from subsequently treating
for remuneration, as a private  patient,  any  person  seeking  podiatry
treatment,  or  submitting  to  an  independent  medical examination, in
connection with, or as a result of, any injury  compensable  under  this
chapter,  if  he  or  she  has been removed from the list of podiatrists
authorized to render podiatry care or  to  conduct  independent  medical
examinations under this chapter, or if the person seeking such treatment
has  been  transferred  from  his  or  her  care  in accordance with the
provisions of this section. This agreement shall run to the  benefit  of
the injured person so treated or examined, and shall be available to him
or  her  as  a  defense in any action by such podiatrist for payment for
treatment rendered by a podiatrist after he or she has been removed from
the list of podiatrists authorized to render podiatry care or to conduct
independent medical  examinations  under  this  section,  or  after  the
injured  person  was transferred from his or her care in accordance with
the provisions of this section. The podiatry practice  committee  if  it
deems  such  licensed  podiatrist  duly qualified shall recommend to the

S. 6405                            19                            A. 9005

chair that such podiatrist be authorized to render podiatry care  and/or
to  conduct  independent  medical  examinations under this section. Such
recommendation shall be advisory to the chair  only  and  shall  not  be
binding  or  conclusive  upon  him  or her.] The chair shall prepare and
establish a schedule for the state,  or  schedules  limited  to  defined
localities,  of  charges and fees for podiatry treatment and care, to be
determined in accordance with and to be subject to  change  pursuant  to
rules  promulgated  by the chair. Before preparing such schedule for the
state or schedules for limited localities the chair  shall  request  the
podiatry  practice  committee  to  submit  to him or her a report on the
amount of remuneration deemed by such committee to be fair and  adequate
for  the  types  of podiatry care to be rendered under this chapter, but
consideration shall be given to the view of  other  interested  parties.
The  amounts  payable  by  the  employer for such treatment and services
shall be the fees and charges established by such schedule.
  S 4. Subdivision 2 of section 13-l of the workers'  compensation  law,
as  amended  by  chapter  473 of the laws of 2000, is amended to read as
follows:
  2. An employee injured under  circumstances  which  make  such  injury
compensable  under  this  article,  when  care is required for an injury
which consists solely of a condition which may lawfully be treated by  a
chiropractor  as  defined in section sixty-five hundred fifty-one of the
education law may select to treat him or her, any  duly  registered  and
licensed  chiropractor of the state of New York, authorized by the chair
to render chiropractic care as hereinafter provided. If  the  injury  or
condition is one which is outside the limits prescribed by the education
law  for  chiropractic care and treatment, the said chiropractor must so
advise the said injured employee and instruct him or her  to  consult  a
physician  of said employee's choice for appropriate care and treatment.
Such physician shall thenceforth have supervision of  the  treatment  of
said  condition including the future treatment to be administered to the
patient by the chiropractor. [A chiropractor licensed and registered  to
practice chiropractic in the state of New York, who is desirous of being
authorized  to  render  chiropractic  care  under this section and/or to
conduct independent medical examinations in  accordance  with  paragraph
(b)  of  subdivision three of this section shall file an application for
authorization under this section with the chiropractic practice  commit-
tee.  In  such  application he or she shall agree to refrain from subse-
quently treating for remuneration, as  a  private  patient,  any  person
seeking  chiropractic treatment, or submitting to an independent medical
examination, in connection with, or as a result of, any injury compensa-
ble under this chapter, if he or she has been removed from the  list  of
chiropractors authorized to render chiropractic care or to conduct inde-
pendent  medical examinations under this chapter, or if the person seek-
ing such treatment has been transferred from his or her care in  accord-
ance  with  the  provisions of this section. This agreement shall run to
the benefit of the injured person so treated, or examined, and shall  be
available  to him or her as a defense in any action by such chiropractor
for payment rendered by a chiropractor after he or she has been  removed
from the list of chiropractors authorized to render chiropractic care or
to conduct independent medical examinations under this section, or after
the  injured  person  was transferred from his or her care in accordance
with the provisions of this section. The chiropractic practice committee
if it deems such licensed chiropractor duly qualified shall recommend to
the chair that such be authorized to render chiropractic care and/or  to
conduct independent medical examinations under this section. Such recom-

S. 6405                            20                            A. 9005

mendations  shall be advisory to the chair only and shall not be binding
or conclusive upon him or her.] The chair shall prepare and establish  a
schedule  for  the  state, or schedules limited to defined localities of
charges  and  fees for chiropractic treatment and care, to be determined
in accordance with and to be subject to change pursuant to rules promul-
gated by the chair.  Before preparing such schedule  for  the  state  or
schedules  for limited localities the chair shall request the chiroprac-
tic practice committee to submit to him or her a report on the amount of
remuneration deemed by such committee to be fair and  adequate  for  the
types  of  chiropractic  care  to  be  rendered  under this chapter, but
consideration shall be given to the view of  other  interested  parties,
the  amounts  payable  by  the  employer for such treatment and services
shall be the fees and charges established by such schedule.
  S 5. Subdivisions 2 and 3  and  paragraph  (b)  of  subdivision  4  of
section 13-m of the workers' compensation law, subdivision 2 as added by
chapter  589  of the laws of 1989 and subdivision 3 and paragraph (b) of
subdivision 4 as amended by chapter 473 of the laws of 2000, are amended
to read as follows:
  2. (a) An injured employee, injured  under  circumstances  which  make
such  injury  compensable  under this article, may lawfully be treated[,
upon the referral of an authorized physician,] by a  psychologist,  duly
registered  and  licensed  by  the  state of New York, authorized by the
chairman to render psychological care pursuant to [this]  section  THIR-
TEEN-B OF THIS ARTICLE.  Such services shall be within the scope of such
psychologist's  specialized  training  and  qualifications as defined in
article one hundred fifty-three of the education law.
  (b) Medical bureaus, medical centers jointly  operated  by  labor  and
management  representatives,  hospitals and health maintenance organiza-
tions, authorized to provide medical care pursuant to section thirteen-c
of this chapter, may provide psychological services when required[, upon
the referral of an authorized physician, provided such care is  rendered
by  a duly registered, licensed and authorized psychologist, as required
by this section].
  (c) A psychologist rendering service pursuant to  this  section  shall
maintain records of the patient's psychological condition and treatment,
and  such  records or reports shall be submitted to the chairman on such
forms and at such times as the chairman may require.
  3. [A psychologist, licensed and registered to practice psychology  in
the  state  of  New  York, who is desirous of being authorized to render
psychological care under this  section  and/or  to  conduct  independent
medical  examinations  in  accordance  with paragraph (b) of subdivision
four of this section shall file an application for  authorization  under
this section with the psychology practice committee. The applicant shall
agree  to  refrain  from  subsequently  treating  for remuneration, as a
private patient, any person seeking psychological treatment, or  submit-
ting  to an independent medical examination, in connection with, or as a
result of, any injury compensable under this chapter, if he or  she  has
been removed from the list of psychologists authorized to render psycho-
logical care under this chapter. This agreement shall run to the benefit
of the injured person so treated, and shall be available as a defense in
any  action  by  such psychologist for payment for treatment rendered by
such psychologist after being removed from  the  list  of  psychologists
authorized  to  render  psychological  care  or  to  conduct independent
medical examinations under this section. The psychology practice commit-
tee if it deems such licensed psychologist duly qualified  shall  recom-
mend to the chair that such person be authorized to render psychological

S. 6405                            21                            A. 9005

care  and/or  to  conduct  independent  medical  examinations under this
section. Such recommendations shall be only advisory to  the  chair  and
shall  not be binding or conclusive.] The chair shall prepare and estab-
lish a schedule for the state or schedules limited to defined localities
of  charges  and fees for psychological treatment and care, to be deter-
mined in accordance with and be subject  to  change  pursuant  to  rules
promulgated  by  the chair. Before preparing such schedule for the state
or schedules for limited localities the chair shall request the psychol-
ogy practice committee to submit to such chair a report on the amount of
remuneration deemed by such committee to be fair and  adequate  for  the
types  of  psychological  care  to  be  rendered under this chapter, but
consideration shall be given to the view of  other  interested  parties.
The  amounts  payable  by  the  employer for such treatment and services
shall be the fees and charges established by such schedule.
  (b) Upon receipt of the notice provided for by paragraph (a)  of  this
subdivision,  the  employer, the carrier, and the claimant each shall be
entitled to have the claimant  examined  by  a  qualified  psychologist,
authorized  by  the chair in accordance with [subdivision three of this]
section THIRTEEN-B OF THIS ARTICLE and section one hundred  thirty-seven
of this chapter, at a medical facility convenient to the claimant and in
the presence of the claimant's psychologist, and refusal by the claimant
to  submit to such independent medical examination at such time or times
as may reasonably be necessary in the opinion of the board shall bar the
claimant from recovering compensation, for any period during which he or
she has refused to submit to such examination.
  S 6. Section 14 of the workers' compensation law, as amended by  chap-
ter  925 of the laws of 1937, subdivisions 1 and 2 as amended by chapter
94 of the laws of 1946, subdivision 3 as amended by chapter 277  of  the
laws  of  1941,  subdivision  5 as amended by chapter 730 of the laws of
1978, subdivision 6 as amended by chapter 6 of  the  laws  of  2007  and
subdivision  7 as amended by chapter 169 of the laws of 2007, is amended
to read as follows:
  S 14. Weekly wages basis of compensation. Except as otherwise provided
in this chapter, the average weekly wages of the injured employee at the
time of the injury shall be taken as the basis  upon  which  to  compute
compensation or death benefits, and shall be determined as follows:
  1.  [If  the  injured  employee shall have worked in the employment in
which he was working at the time of the accident, whether for  the  same
employer  or not, during substantially the whole of the year immediately
preceding his injury, his average annual earnings shall consist of three
hundred times the average daily wage or salary for a six-day worker, and
two hundred sixty times the average daily wage or salary for a  five-day
worker,  which  he  shall have earned in such employment during the days
when so employed;
  2. If the injured employee shall not have worked  in  such  employment
during  substantially  the  whole of such year, his average annual earn-
ings, if a six-day worker, shall consist  of  three  hundred  times  the
average daily wage or salary, and, if a five-day worker, two hundred and
sixty  times  the average daily wage or salary, which an employee of the
same class working substantially the whole of such immediately preceding
year in the same or in a similar employment in the same or a neighboring
place shall have earned in such  employment  during  the  days  when  so
employed;
  3.  If either of the foregoing methods of arriving at the annual aver-
age earnings of an injured employee  cannot  reasonably  and  fairly  be
applied,  such  annual  average  earnings  shall  be such sum as, having

S. 6405                            22                            A. 9005

regard to the previous earnings of the injured  employee  and  of  other
employees of the same or most similar class, working in the same or most
similar  employment,  or other employment as defined in this chapter, in
the  same or neighboring locality, shall reasonably represent the annual
earning capacity of the injured employee in the employment in  which  he
was  working at the time of the accident, provided, however, his average
annual earnings shall consist of not less than  two  hundred  times  the
average  daily wage or salary which he shall have earned in such employ-
ment during the days when so employed, further provided,  however,  that
if the injured employee shall have been in the military or naval service
of  the  United  States or of the state of New York within twelve months
prior to his injury, and his average annual earnings  cannot  be  fairly
determined under subdivisions one and two, then the average annual earn-
ings  shall  be  determined by multiplying his average daily wage during
the days so employed by not less than two hundred and forty;
  4. The average weekly wages of an employee shall  be  one-fifty-second
part  of  his average annual earnings;] THE AVERAGE WEEKLY WAGE SHALL BE
DETERMINED BY COMPUTING THE TOTAL WAGES PAID TO THE EMPLOYEE DURING  THE
THIRTEEN  WEEKS IMMEDIATELY PRECEDING THE DATE OF INJURY AND DIVIDING BY
THIRTEEN, PROVIDED THAT:
  A. IF THE EMPLOYEE WORKED LESS THAN THIRTEEN WEEKS IN  THE  EMPLOYMENT
IN  WHICH  THE  EMPLOYEE  WAS  INJURED, THE AVERAGE WEEKLY WAGE SHALL BE
BASED UPON THE TOTAL WAGE EARNED BY THE EMPLOYEE IN  THE  EMPLOYMENT  IN
WHICH  THE  EMPLOYEE  WAS  INJURED, DIVIDED BY THE TOTAL NUMBER OF WEEKS
ACTUALLY WORKED IN THAT EMPLOYMENT;
  B. IF THE  INJURED  EMPLOYEE  SUSTAINS  A  COMPENSABLE  INJURY  BEFORE
COMPLETING  HIS  OR HER FIRST WORK WEEK, OR IF THE INJURED EMPLOYEE IS A
SEASONAL EMPLOYEE, OR IF THE EARNINGS ARE AT AN IRREGULAR RATE, SUCH  AS
PIECEWORK,  OR  ON A COMMISSION BASIS, OR ARE SPECIFIED TO BE BI-WEEKLY,
MONTHLY, OR OTHER PERIOD, THEN THE AVERAGE WEEKLY WAGE SHALL BE TAKEN AS
THE ACTUAL WEEKLY EARNINGS AVERAGED FOR THIS PERIOD OF TIME, NOT EXCEED-
ING ONE YEAR;
  C. IF THERE IS INSUFFICIENT EVIDENCE AVAILABLE TO DETERMINE THE  EARN-
INGS  OF THE EMPLOYEE UNDER THE FOREGOING METHODS, OR IF THE PAY HAS NOT
BEEN DESIGNATED FOR THE WORK REQUIRED, THE AVERAGE WEEKLY WAGE SHALL  BE
BASED  UPON  THE  PREVIOUS EARNINGS OF THE INJURED EMPLOYEE AND OF OTHER
EMPLOYEES OF THE SAME OR MOST SIMILAR CLASS, WORKING IN THE SAME OR MOST
SIMILAR EMPLOYMENT, OR OTHER EMPLOYMENT AS DEFINED IN THIS  CHAPTER,  IN
THE  SAME  OR  NEIGHBORING LOCALITY, THAT SHALL REASONABLY REPRESENT THE
ANNUAL EARNING CAPACITY OF THE INJURED EMPLOYEE  IN  THE  EMPLOYMENT  IN
WHICH  HE OR SHE WAS WORKING AT THE TIME OF THE ACCIDENT FOR A PERIOD OF
THIRTEEN WEEKS PRIOR TO THE INJURY OR, IF THAT METHOD DOES  NOT  CONSTI-
TUTE SUFFICIENT EVIDENCE OF THE AVERAGE WEEKLY WAGE, EARNINGS DATA FOR A
PERIOD NOT EXCEEDING ONE YEAR PRIOR TO THE INJURY;
  D.  PROVIDED,  FURTHER,  HOWEVER, THAT ONLY IN THE EVENT THAT THERE IS
INSUFFICIENT EVIDENCE ASCERTAINED UNDER THE FOREGOING METHODS OF COMPUT-
ING THE AVERAGE WEEKLY WAGE OF THE EMPLOYEE BY REASON OF THE  NATURE  OF
THE EMPLOYMENT OR WHERE FOR ANY OTHER REASON THE METHODS WILL NOT FAIRLY
AND ACCURATELY COMPUTE THE AVERAGE WEEKLY WAGE, COMPUTATION OF THE AVER-
AGE WEEKLY WAGE MAY BE DETERMINED BY SUCH OTHER MANNER AND BY SUCH OTHER
METHOD  AS  WILL  BE  BASED UPON THE FACTS PRESENTED TO FAIRLY DETERMINE
SUCH EMPLOYEE'S AVERAGE WEEKLY WAGE;
  E. IF A CLAIM IS ESTABLISHED AS AN OCCUPATIONAL DISEASE,  THE  AVERAGE
WEEKLY WAGE SHALL BE BASED ON EARNINGS AS OF THE DATE OF DISABLEMENT.
  [5.]  2.  If it be established that the injured employee was under the
age of twenty-five when injured, and that under  normal  conditions  his

S. 6405                            23                            A. 9005

wages  would  be  expected  to  increase, that fact may be considered in
arriving at his average weekly wages.
  [6.]  3.  If the injured employee is concurrently engaged in more than
one employment at the time of  injury,  the  employee's  average  weekly
wages  shall  be  calculated  upon  the  basis  of wages earned from all
concurrent employments covered under this chapter. The employer in whose
employment the employee was injured shall be  liable  for  the  benefits
that  would  have  been payable if the employee had had no other employ-
ment. [Any additional benefits resulting from the  increase  in  average
weekly wages due to the employee's concurrent employments shall be paya-
ble  in  the  first  instance  by  the  employer in whose employment the
employee was injured and shall be reimbursed by the  special  disability
fund created under subdivision eight of section fifteen of this article,
but  only if such claim is presented in accordance with subparagraph two
of paragraph (h) of subdivision eight of section fifteen of  this  arti-
cle.] The employer in whose employment the employee was injured shall be
liable for all medical costs.
  [7.]  4.  The  average  weekly wages of a jockey, apprentice jockey or
exercise person licensed under article two or four of the racing,  pari-
mutuel wagering and breeding law shall be computed based upon all of the
earnings of such jockey, apprentice jockey or exercise person, including
those derived from outside of the state.
  S  7. Subdivision 1 of section 20 of the workers' compensation law, as
amended by chapter 635 of the laws  of  1996,  is  amended  to  read  as
follows:
  1.   At any time after the expiration of the first seven days of disa-
bility on the part of an injured employee, or  at  any  time  after  the
employee's  death,  a  claim  for  compensation  may be presented to the
employer or to the chair.  The board shall have full power and authority
to determine  all  questions  in  relation  to  the  payment  of  claims
presented  to  it for compensation under the provisions of this chapter.
The chair or board shall make or cause to be made such investigation  as
it  deems necessary, and upon application of either party, shall order a
hearing, and within thirty  days  after  a  claim  for  compensation  is
submitted under this section, or such hearing closed, shall make or deny
an  award, determining such claim for compensation, and file the same in
the office of the chair. Immediately after such filing the  chair  shall
send  to the parties a copy of the decision.  Upon a hearing pursuant to
this section either party may present evidence  and  be  represented  by
counsel.    The decision of the board shall be final as to all questions
of fact, and, except as provided in section twenty-three of  this  arti-
cle,  as to all questions of law.  Except as provided in section twenty-
seven of this article, all awards of the board shall draw simple  inter-
est  from  thirty  days after the making thereof at the rate provided in
section five thousand four of the civil practice law and rules.  Whenev-
er a hearing or proceeding for the determination of a claim for  compen-
sation  is  begun  before  a referee, pursuant to the provisions of this
chapter, such hearing or proceeding or any  adjourned  hearing  [thereon
shall], INCLUDING A REFERRAL FOR DECISION, MAY continue before [the same
referee  until  a  final determination awarding or denying compensation,
except in the absence, inability or  disqualification  to  act  of  such
referee,  or  for  other  good  cause,  in  which  event such hearing or
proceeding may be continued before another referee by order of the chair
or board] ANY REFEREE AS DETERMINED BY THE BOARD.

S. 6405                            24                            A. 9005

  S 8. Section 23 of  the  workers'  compensation  law,  as  amended  by
section  10  of part GG of chapter 57 of the laws of 2013, is amended to
read as follows:
  S  23.  Appeals.  An award or decision of the board shall be final and
conclusive upon all questions within its jurisdiction,  as  against  the
state fund or between the parties, unless reversed or modified on appeal
therefrom  as  hereinafter  provided.  Any  party may within thirty days
after notice of the filing of an award or decision of  a  referee,  file
with  the  board an application in writing for a modification or rescis-
sion or review of such award or decision, as provided in  this  chapter.
The board shall render its decision upon such application in writing and
shall include in such decision a statement of the facts which formed the
basis  of its action on the issues raised before it on such application.
Within thirty days after notice of the decision of the board  upon  such
application  has  been  served  upon  the parties, or within thirty days
after notice of an administrative redetermination review decision by the
chair pursuant to subdivision five of  section  fifty-two,  section  one
hundred  thirty-one  or  section one hundred forty-one-a of this chapter
has been served upon any party in interest, an appeal may be taken ther-
efrom to the appellate division of the supreme court, third  department,
by  any  party  in  interest, including an employer insured in the state
fund; provided, however, that any party in interest  may  within  thirty
days after notice of the filing of the board [panel's] decision with the
secretary  of  the board, make application in writing for review thereof
by the full board. If the decision or determination was that of a  panel
of the board and there was a dissent from such decision or determination
other  than a dissent the sole basis of which is to refer the case to an
impartial specialist, the full board shall review and affirm, modify  or
rescind  such  decision  or  determination  in the same manner as herein
above provided for an award or decision of a referee.   If the  decision
or  determination  was  that of a unanimous panel of the board, or there
was a dissent from such decision or  determination  the  sole  basis  of
which  is to refer the case to an impartial specialist, the board may in
its sole discretion review and affirm, modify or rescind  such  decision
or  determination  in  the  same  manner as herein above provided for an
award or decision of a referee. Failure to apply for review by the  full
board shall not bar any party in interest from taking an appeal directly
to  the  court  as above provided. The board may also, in its discretion
certify to such appellate division of the supreme  court,  questions  of
law involved in its decision. Such appeals and the question so certified
shall  be  heard  in a summary manner and shall have precedence over all
other civil cases in such court. The board shall be deemed  a  party  to
every such appeal from its decision upon such application, and the chair
shall  be  deemed  a  party  to every such appeal from an administrative
redetermination review decision pursuant to subdivision five of  section
fifty-two  of  this  chapter.  The  attorney general shall represent the
board and the chair thereon. An appeal may also be taken to the court of
appeals in the same manner and  subject  to  the  same  limitations  not
inconsistent  herewith  as is now provided in the civil practice law and
rules. It shall not be necessary to file exceptions to  the  rulings  of
the  board.  An  appeal  to the appellate division of the supreme court,
third department, or to the court of appeals, shall  not  operate  as  a
stay  of  the payment of compensation required by the terms of the award
or of the payment of the cost of such medical, dental, surgical, optome-
tric or other attendance, treatment, devices, apparatus or other  neces-
sary items the employer is required to provide pursuant to section thir-

S. 6405                            25                            A. 9005

teen  of  this  article which are found to be fair and reasonable. Where
such award is modified or rescinded upon appeal, the appellant shall  be
entitled  to reimbursement in a sum equal to the compensation in dispute
paid  to  the  respondent in addition to a sum equal to the cost of such
medical, dental, surgical, optometric or  other  attendance,  treatment,
devices,  apparatus or other necessary items the employer is required to
provide pursuant to section thirteen of this article paid by the  appel-
lant  pending  adjudication  of  the appeal. Such reimbursement shall be
paid from administration expenses as provided  in  section  one  hundred
fifty-one of this chapter upon audit and warrant of the comptroller upon
vouchers  approved  by  the  chair.  Where  such award is subject to the
provisions of section twenty-seven of this article, the appellant  shall
pay  directly  to the claimant all compensation as it becomes due during
the pendency of the appeal, and upon affirmance  shall  be  entitled  to
credit  for such payments. Neither the chair, the board, the commission-
ers of the state insurance fund nor the claimant shall  be  required  to
file  a bond upon an appeal to the court of appeals. Upon final determi-
nation of such an appeal, the board or chair, as the case may be,  shall
enter  an  order in accordance therewith. Whenever a notice of appeal is
served or an application made to the board by the employer or  insurance
carrier  for a modification or rescission or review of an award or deci-
sion, and the board shall find that such notice of appeal was served  or
such  application  was  made  for the purpose of delay or upon frivolous
grounds, the board shall impose a penalty in the amount of five  hundred
dollars  upon  the employer or insurance carrier, which penalty shall be
added to the compensation and paid to the claimant. WHENEVER AN APPLICA-
TION IS MADE TO THE BOARD BY THE EMPLOYER OR  INSURANCE  CARRIER  FOR  A
MODIFICATION  OR  RESCISSION  OR REVIEW OF AN AWARD OR DECISION, AND THE
BOARD SHALL FIND THAT SUCH APPLICATION WAS MADE FOR THE PURPOSE OF DELAY
AND UPON FRIVOLOUS GROUNDS, THE BOARD MAY IMPOSE A PENALTY  PURSUANT  TO
PARAGRAPH  (F) OF SUBDIVISION THREE OF SECTION TWENTY-FIVE OF THIS ARTI-
CLE.  UPON A FINDING THAT AN APPLICATION HAS BEEN MADE TO THE BOARD  FOR
THE  PURPOSE  OF  DELAY  AND UPON FRIVOLOUS GROUNDS, AND THE EMPLOYER OR
CARRIER HAS MADE PAYMENT TO THE  CLAIMANT  OF  ALL  COMPENSATION  AS  IT
BECOMES  DUE DURING THE PENDENCY OF THE APPLICATION, NO PENALTY PURSUANT
TO PARAGRAPH (F) OF SUBDIVISION THREE OF  SECTION  TWENTY-FIVE  OF  THIS
ARTICLE  SHALL  BE  IMPOSED.  The  penalties  provided  herein  shall be
collected in like manner as compensation. A party against whom an  award
of  compensation  shall be made may appeal from a part of such award. In
such a case the payment of such part of the award  as  is  not  appealed
from  shall  not  prejudice  any  rights of such party on appeal, nor be
taken as an admission against such party. Any appeal by an employer from
an administrative redetermination review decision pursuant  to  subdivi-
sion  five of section fifty-two of this chapter shall in no way serve to
relieve the employer from the obligation to timely pay compensation  and
benefits  otherwise  payable  in  accordance with the provisions of this
chapter.
  Nothing contained in this section shall be construed  to  inhibit  the
continuing  jurisdiction of the board as provided in section one hundred
twenty-three of this chapter.
  S 9. Paragraph (f) of subdivision 3 of  section  25  of  the  workers'
compensation  law,  as  amended  by  chapter 316 of the laws of 1991, is
amended to read as follows:
  (f) If the employer or  its  insurance  carrier  shall  fail  to  make
payments  of compensation according to the terms of the award within ten
days or the uninsured employers' fund shall fail  to  make  payments  of

S. 6405                            26                            A. 9005

compensation  according  to  the  terms  of the award within thirty days
after such ten day period except in case of an application to the  board
for  a  modification, rescission or review of such award, there shall be
imposed  a  penalty  equal  to twenty percent of the unpaid compensation
which shall be paid to the injured worker or his or her dependents,  and
there  shall also be imposed an assessment of fifty dollars, which shall
be paid into the state treasury.  WHENEVER AN APPLICATION IS MADE TO THE
BOARD BY THE EMPLOYER OR INSURANCE CARRIER FOR A MODIFICATION OR RESCIS-
SION OR REVIEW OF AN AWARD OR DECISION IN ACCORDANCE WITH SECTION  TWEN-
TY-THREE OF THIS ARTICLE, AND THE BOARD SHALL FIND THAT SUCH APPLICATION
WAS  MADE FOR THE PURPOSE OF DELAY AND UPON FRIVOLOUS GROUNDS, THE BOARD
MAY IMPOSE A PENALTY EQUAL TO TWENTY PERCENT OF THE UNPAID  COMPENSATION
WHICH  SHALL BE PAID TO THE INJURED WORKER OR HIS OR HER DEPENDENTS, AND
THERE SHALL ALSO BE IMPOSED AN ASSESSMENT OF FIFTY DOLLARS, WHICH  SHALL
BE PAID INTO THE STATE TREASURY.
  S  10.  The  closing  paragraph  of  paragraph (a) of subdivision 2 of
section 25 of the workers' compensation law, as amended by  chapter  635
of the laws of 1996, is amended to read as follows:
  If  the  insurance carrier shall fail either to file notice of contro-
versy or begin payment of compensation within the prescribed  period  or
within  ten  days  after  receipt  of  a  copy of the notice required in
section one hundred ten of this chapter, whichever period is the  great-
er,  the board may[, after a hearing,] impose a penalty in the amount of
three hundred dollars, which shall be in addition to all other penalties
provided for in this chapter and shall be paid  to  the  claimant.  Such
penalty shall be collected in like manner as an award of compensation.
  S 11.  Subdivisions 1 and 7 of section 27 of the workers' compensation
law, subdivision 1 as amended by chapter 192 of the laws of 1949, subdi-
vision 7 as amended by chapter 62 of the laws of 1989, the closing para-
graph  of  subdivision 7 as amended by chapter 6 of the laws of 2007 and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, are amended to read as follows:
  1. All payments made into the fund pursuant to the provisions of  this
section  shall constitute an indivisible and aggregate trust fund except
as hereinafter provided.  NOTWITHSTANDING ANY OTHER PROVISIONS  OF  THIS
CHAPTER,  THE BOARD SHALL NOT DIRECT A MANDATORY DEPOSIT ON OR AFTER THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN  WHICH
AMENDED  THIS  SUBDIVISION.  THE  CARRIER SHALL MAKE A MANDATORY DEPOSIT
INTO THE FUND AS DIRECTED IN A BOARD DECISION FILED PRIOR TO THE  EFFEC-
TIVE  DATE  OF  THE  CHAPTER  OF  THE LAWS OF TWO THOUSAND SIXTEEN WHICH
AMENDED THIS SUBDIVISION, IN THE AMOUNT  SET  FORTH  IN  A  SUPPLEMENTAL
BOARD  DECISION  OF ANY DATE. THE CARRIER IS RESPONSIBLE FOR PAYMENTS TO
THE CLAIMANT AS DIRECTED UNTIL THE DEPOSIT IS MADE INTO THE FUND. IF THE
INSURANCE CARRIER SHALL FAIL TO MAKE A TIMELY MANDATORY DEPOSIT INTO THE
FUND THE CHAIR MAY IMPOSE A PENALTY  EQUAL  TO  TWENTY  PERCENT  OF  THE
UNPAID MANDATORY DEPOSIT AMOUNT WHICH SHALL BE PAID TO THE INJURED WORK-
ER  OR HIS OR HER DEPENDENTS, AND THERE SHALL ALSO BE IMPOSED AN ASSESS-
MENT OF FIFTY DOLLARS, WHICH SHALL BE PAID INTO THE STATE TREASURY.
  7. [For the purpose of securing the solvency of  the  aggregate  trust
fund,  there shall be required, in addition to the payments hereinbefore
provided for, a payment on each award, as follows:
  (a) In the mandatory type cases based on an accident occurring  on  or
subsequent to July first, nineteen hundred forty-one up to and including
June  thirtieth, nineteen hundred forty-three an amount equal to six per
centum of the present value of each such case paid into such fund;

S. 6405                            27                            A. 9005

  (b) In the mandatory type cases based on an accident occurring  on  or
subsequent  to  July first, nineteen hundred forty-three an amount equal
to ten per centum of the present value of each such case paid into  such
fund;
  (c)  In the discretionary type cases based on an accident occurring up
to and including June thirtieth, nineteen hundred thirty-nine an  amount
equal  to sixteen per centum of the present value of each such case paid
into such fund;
  (d) In the discretionary type cases based on an accident occurring  on
or  subsequent  to  July  first,  nineteen hundred thirty-nine an amount
equal to ten per centum of the present value of each such case paid into
such fund.
  Such additional payments shall be required until the  surplus  of  the
fund  equals  or  exceeds  one  per centum of the total outstanding loss
reserves as shown by three successive annual reports of the fund to  the
superintendent  of  financial services and such additional payment shall
be required as a payment upon each award based on an accident  occurring
prior  to  July  first next succeeding the third such annual report, but
not as a payment upon any award based on an  accident  occurring  on  or
after  said  July first; provided, however, that if and when the surplus
of the fund as shown by any annual report thereafter shall be less  than
one  per  centum  of the total outstanding loss reserves, then the addi-
tional payments as provided in paragraphs (a), (b), (c) and (d) of  this
subdivision  shall  be resumed and shall be payable upon any award based
on an accident occurring on or after  July  first  next  succeeding  the
close  of the year for which such annual report is made. Thereafter, the
suspension or resumption of additional  payments  as  required  by  this
subdivision  shall  be  governed  by the foregoing provisions. Such loss
reserves shall be computed based upon the tables specified  in  subdivi-
sion five of this section and interest at a standard to be determined by
the  superintendent  of  financial  services  by  regulation.]  FOR  THE
PURPOSES OF INSURING THE SOLVENCY OF THE AGGREGATE TRUST FUND SUBSEQUENT
TO THE FIRST DAY OF JANUARY, TWO THOUSAND SIXTEEN, THE SUPERINTENDENT OF
FINANCIAL SERVICES, IN ACCORDANCE WITH SUBDIVISION TWO  OF  SECTION  ONE
HUNDRED  EIGHT  OF THIS CHAPTER, MAY DIRECT CARRIERS TO DEPOSIT NOT MORE
THAN TWO PERCENT OF WRITTEN  PREMIUMS  INTO  THE  WORKERS'  COMPENSATION
GUARANTEE  FUND ESTABLISHED BY ARTICLE SIX OF THIS CHAPTER TO ENABLE THE
AGGREGATE TRUST FUND TO MEET ITS OBLIGATIONS UNDER THIS  SECTION  FOR  A
PERIOD  OF  TIME  NOT TO EXTEND TEN YEARS FROM THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS  SUBDIVI-
SION.  IN  THE  EVENT  THAT  THE  AGGREGATE TRUST FUND DOES NOT HAVE THE
ASSETS SUFFICIENT TO MEET ITS OBLIGATIONS AFTER SUCH  TEN  YEAR  PERIOD,
THE  FINANCIAL  SHORTFALL  SHALL  BECOME  THE  LIABILITY OF THE WORKERS'
COMPENSATION SECURITY FUND PURSUANT TO THE  PROVISIONS  OF  SECTION  ONE
HUNDRED NINE-C OF THIS CHAPTER.
  S  12.  Subdivisions  3  and 4 of section 25-a of the workers' compen-
sation law, subdivision 3 as amended by section 13 of part GG of chapter
57 of the laws of 2013, subdivision 4 as amended by chapter 395  of  the
laws  of  1964,  and  the  closing paragraph of subdivision 4 as further
amended by section 104 of part A of chapter 62 of the laws of 2011,  are
amended to read as follows:
  3. Any awards so made shall be payable out of the special fund hereto-
fore  created for such purpose, which fund is hereby continued and shall
be known as the fund for reopened cases. The employer, or,  if  insured,
his  insurance  carrier  shall  pay  into  such fund, or, in the case of
awards made on or after July first, nineteen hundred sixty-nine,  either

S. 6405                            28                            A. 9005

into  such  fund  or the uninsured employers' fund under section twenty-
six-a of this article in accordance with  the  provisions  thereof,  for
every  case of injury causing death for which there are no persons enti-
tled  to compensation the sum of three hundred dollars where such injury
occurred prior to July first, nineteen hundred forty and the sum of  one
thousand dollars where such injury shall occur on or after said date and
prior  to  April  first,  nineteen  hundred  forty-five,  and the sum of
fifteen hundred dollars where such injury shall occur on or after  April
first,  nineteen  hundred forty-five and prior to September first, nine-
teen hundred seventy-eight and the sum of three thousand  dollars  where
such  injury  shall  occur on or after September first, nineteen hundred
seventy-eight, and in each case of death resulting from injury sustained
on or after July first, nineteen hundred forty and  prior  to  September
first,  nineteen hundred seventy-eight, where there are persons entitled
to compensation but the total amount of such compensation is  less  than
two thousand dollars exclusive of funeral benefits, the employer, or, if
insured,  his  insurance  carrier,  shall pay into such fund, or, in the
case of awards made on or after July first, nineteen hundred  sixty-nine
and  prior  to  September  first, nineteen hundred seventy-eight, either
into such fund or the uninsured employers' fund  under  section  twenty-
six-a  of  this  article  in accordance with the provisions thereof, the
difference between the sum of two thousand dollars and the compensation,
exclusive of funeral benefits, and in each case of death resulting  from
injury  sustained on or after September first, nineteen hundred seventy-
eight, the employer, or if insured, his insurance carrier shall pay into
such fund or the uninsured employers' fund under section twenty-six-a of
this article in accordance with the provisions thereof,  the  difference
between the sum of five thousand dollars and the compensation, exclusive
of  funeral  benefits  actually  paid  to  or  for the dependents of the
deceased employee together with any expense charge required  by  section
twenty-seven  of this article; provided, however, that where death shall
occur subsequent to the periods  limited  by  subdivision  one  of  this
section  no  payment  into  such  special  fund  nor to the special fund
provided by subdivision nine of section fifteen  nor  to  the  uninsured
employers'  fund  provided by section twenty-six-a of this article shall
be required. In addition to the assessments made against  all  insurance
carriers  for  the  expenses  of administering this chapter provided for
under the provisions of section one hundred fifty-one of  this  chapter,
and  the  payments  above  provided,  the  employer, or, if insured, his
insurance carrier, shall pay the sum of five dollars into said fund  for
each  case in which an award is made pursuant to the provisions of para-
graphs a to s inclusive of subdivision three of section fifteen of  this
chapter,  by  reason  of  injury  sustained between July first, nineteen
hundred forty and June thirtieth, nineteen hundred forty-two, both dates
inclusive, and the sum of ten dollars for each such case  by  reason  of
injury sustained between July first, nineteen hundred forty-two and June
thirtieth,  nineteen  hundred fifty, both dates inclusive, which payment
shall be in addition to any  payment  of  compensation  to  the  injured
employee as provided in this chapter.
  There  shall  be maintained in the special fund at all times assets at
least equal in value to the sum of  (1)  the  value  of  awards  charged
against  such  fund, (2) the value of all claims that have been reopened
by the board as a charge against such fund but as to which  awards  have
not  yet been made, (3) effective January first, nineteen hundred seven-
ty-one, the value of total supplemental benefits to be  paid  from  such
fund  as reimbursement pursuant to subdivision nine of this section, and

S. 6405                            29                            A. 9005

(4) a reserve equal to ten per cent of the sum of items (1), (2) and (3)
of this paragraph. Annually, as soon as practicable after January  first
in  each  year,  the chair shall ascertain the condition of the fund and
[whenever  the  assets shall fall below the prescribed minimum as herein
provided the chair] shall collect:  (A) DEBT SERVICE  AMOUNT  SUFFICIENT
TO  COVER DEBT SERVICE AND ASSOCIATED COSTS TO BE PAID DURING THE CALEN-
DAR YEAR BY THE DORMITORY AUTHORITY, AS CALCULATED  IN  ACCORDANCE  WITH
SUBDIVISION  FOUR  OF  THIS  SECTION AND (B) WHENEVER THE VALUE OF OTHER
ASSETS FALL BELOW THE PRESCRIBED MINIMUM  TO  BE  MAINTAINED  AS  HEREIN
PROVIDED,  an  amount  sufficient  to restore the fund to the prescribed
minimum.   SUCH ASSESSMENTS SHALL BE INCLUDED  IN  THE  ASSESSMENT  RATE
ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE
OF  THIS  CHAPTER.  SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE COMMIS-
SIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE  BENEFIT  OF  SUCH
FUND  FOLLOWING  PAYMENT  OF  DEBT SERVICE AND ASSOCIATED COSTS, IF ANY,
PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. Commencing on
the first of January, two thousand fourteen, the amount  collected  from
all employers required to obtain workers' compensation coverage to main-
tain  the  financial  integrity of the fund may be paid over a period of
time at the discretion of the chair based upon an analysis of the finan-
cial condition of the fund. Such payment  as  determined  by  the  chair
shall  be included in the assessment rate established pursuant to subdi-
vision two of section one hundred fifty-one of this chapter.  The  chair
shall  promulgate  regulations  to administer claims whose liability has
been transferred to the fund for reopened cases.  Such  regulations  may
include exercise of the chair's authority to administer existing claims,
to  procure  management  for  those  claims,  or  to sell such liability
INCLUDING, WITHOUT LIMITATION, BY OBTAINING AN "ASSUMPTION  OF  WORKERS'
COMPENSATION  LIABILITY  INSURANCE POLICY" AS DEFINED IN SECTION SIXTEEN
HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW.  The chair  may  examine
into  the condition of the fund at any time on his or her own initiative
or on request of the attorney of the fund.
  The provisions of this subdivision shall not  apply  with  respect  to
policies  containing  coverage  pursuant  to section thirty-four hundred
twenty of the insurance law relating to every policy  providing  compre-
hensive personal liability insurance on a one, two, three or four family
owner-occupied dwelling.
  4.  THE CHAIR AND THE COMMISSIONER OF TAXATION AND FINANCE ARE AUTHOR-
IZED AND DIRECTED TO ENTER INTO A FINANCING AGREEMENT WITH THE DORMITORY
AUTHORITY, TO BE KNOWN AS THE "FUND FOR REOPENED CASES FINANCING  AGREE-
MENT".  SUCH  AGREEMENT  SHALL SET FORTH THE PROCESS FOR CALCULATING THE
ANNUAL DEBT SERVICE OF THE BONDS ISSUED BY THE DORMITORY  AUTHORITY  AND
ANY  OTHER  ASSOCIATED  COSTS  IN  CONNECTION WITH THE FUND FOR REOPENED
CASES, AS SET FORTH IN SECTION SIXTEEN HUNDRED EIGHTY-L  OF  THE  PUBLIC
AUTHORITIES  LAW.  FOR  PURPOSES OF THIS SECTION, "ASSOCIATED COSTS" MAY
INCLUDE A COVERAGE FACTOR, RESERVE FUND REQUIREMENTS, ALL COSTS  OF  ANY
NATURE  INCURRED  BY THE DORMITORY AUTHORITY IN CONNECTION WITH THE FUND
FOR REOPENED CASES FINANCING AGREEMENT OR PURSUANT THERETO, THE COSTS OF
ANY INDEPENDENT AUDITS UNDERTAKEN UNDER  THIS  SECTION,  AND  ANY  OTHER
COSTS  FOR  THE  IMPLEMENTATION  OF THIS SUBDIVISION AND THE ISSUANCE OF
BONDS BY THE  DORMITORY  AUTHORITY,  INCLUDING  INTEREST  RATE  EXCHANGE
PAYMENTS, REBATE PAYMENTS, LIQUIDITY FEES, CREDIT PROVIDER FEES, FIDUCI-
ARY  FEES, REMARKETING, DEALER, AUCTION AGENT AND RELATED FEES AND OTHER
SIMILAR BOND-RELATED EXPENSES, UNLESS  OTHERWISE  FUNDED.  BY  SEPTEMBER
FIRST  OF  EACH YEAR, THE DORMITORY AUTHORITY SHALL PROVIDE TO THE CHAIR
THE CALCULATION OF THE AMOUNT EXPECTED  TO  BE  PAID  BY  THE  DORMITORY

S. 6405                            30                            A. 9005

AUTHORITY IN DEBT SERVICE AND ASSOCIATED COSTS FOR PURPOSES OF CALCULAT-
ING  THE  DEBT  SERVICE  ASSESSMENT AS SET FORTH IN SUBDIVISION THREE OF
THIS SECTION. ALL MONIES RECEIVED ON ACCOUNT  OF  ANY  ASSESSMENT  UNDER
SUBDIVISION  THREE OF THIS SECTION AND THIS SUBDIVISION SHALL BE APPLIED
IN ACCORDANCE WITH THIS SUBDIVISION AND IN ACCORDANCE WITH THE FUND  FOR
REOPENED  CASES  FINANCING  AGREEMENT UNTIL THE FINANCIAL OBLIGATIONS OF
THE DORMITORY AUTHORITY IN RESPECT TO ITS CONTRACT WITH ITS  BONDHOLDERS
ARE MET AND ALL ASSOCIATED COSTS PAYABLE TO OR BY THE DORMITORY AUTHORI-
TY HAVE BEEN PAID, NOTWITHSTANDING ANY OTHER PROVISION OF LAW RESPECTING
SECURED  TRANSACTIONS.  THIS  PROVISION MAY BE INCLUDED BY THE DORMITORY
AUTHORITY IN ANY CONTRACT OF THE DORMITORY AUTHORITY WITH ITS  BONDHOLD-
ERS.
  THE FUND FOR REOPENED CASES FINANCING AGREEMENT MAY RESTRICT DISBURSE-
MENTS,  INVESTMENTS,  OR REBATES, AND MAY PRESCRIBE A SYSTEM OF ACCOUNTS
APPLICABLE TO THE  FUND  FOR  REOPENED  CASES  AS  CONSISTENT  WITH  THE
PROVISIONS  OF  THIS  SECTION  GOVERNING SUCH FUND, INCLUDING CUSTODY OF
FUNDS AND ACCOUNTS WITH A TRUSTEE THAT MAY BE PRESCRIBED BY THE DORMITO-
RY AUTHORITY AS PART OF ITS CONTRACT WITH THE BONDHOLDERS. FOR  PURPOSES
OF  THIS  SUBDIVISION,  THE  TERM  "BONDS" SHALL INCLUDE NOTES ISSUED IN
ANTICIPATION OF THE ISSUANCE OF BONDS, OR NOTES  ISSUED  PURSUANT  TO  A
COMMERCIAL PAPER PROGRAM.
  (A) The commissioner of taxation and finance shall be the custodian of
such  [special]  fund  for reopened cases and, UNLESS OTHERWISE PROVIDED
FOR IN THE FUND FOR REOPENED CASES FINANCING AGREEMENT, shall invest any
surplus OR RESERVE monies thereof in securities which  constitute  legal
investments for savings banks under the laws of this state and in inter-
est  bearing  certificates of deposit of a bank or trust company located
and authorized to do business in  this  state  or  of  a  national  bank
located  in  this state secured by a pledge of direct obligations of the
United States or of the state of New York in  an  amount  equal  to  the
amount  of such certificates of deposit, and may sell any of the securi-
ties or certificates of deposit in  which  such  fund  is  invested,  if
necessary  for the proper administration or in the best interest of such
fund. Disbursements from such fund for  compensation  provided  by  this
section  shall  be paid by the commissioner of taxation and finance upon
vouchers signed by the [chairman] CHAIR OF THE BOARD UNLESS THE  FINANC-
ING  AGREEMENT  PROVIDES  FOR  SOME  OTHER  MEANS  OF  AUTHORIZING  SUCH
DISBURSEMENTS THAT IS NO LESS PROTECTIVE OF THE FUND.
  The commissioner of taxation and finance, as custodian of  such  fund,
annually  as  soon  as practicable after January first, shall furnish to
the [chairman] CHAIR OF THE WORKERS' COMPENSATION BOARD a  statement  of
the fund, setting forth the balance of monies in the said fund as of the
beginning of the year, the income of the fund, a summary of payments out
of  the fund on account of compensation ordered to be paid by the board,
medical and other expense, and all other charges against the  fund,  and
setting  forth the balance of the fund remaining to its credit on Decem-
ber thirty-first. Such statement shall be open to public  inspection  in
the  office  of the [chairman] CHAIR, and a copy thereof shall be trans-
mitted by the  [chairman]  CHAIR  to  the  superintendent  of  financial
services.  The superintendent of financial services may examine into the
condition of such fund at any time on his OR HER own  initiative  or  on
request of the [chairman] CHAIR or representative of the fund. He OR SHE
shall  verify  the  receipts  and  disbursements  of the fund, and shall
ascertain the liability of the fund upon all cases in  which  awards  of
compensation  have  been  made  and  charged against said fund and shall
render a report of such facts to the  [chairman]  CHAIR.    Such  report

S. 6405                            31                            A. 9005

shall  also be open to public inspection in the office of the [chairman]
CHAIR.  THE CHAIR, NOT LESS THAN NINETY DAYS AFTER THE ISSUANCE  OF  THE
DORMITORY  AUTHORITY'S  ANNUAL  AUDIT, SHALL FURNISH TO THE PRESIDENT OF
THE  SENATE AND THE SPEAKER OF THE ASSEMBLY THE FOLLOWING REPORTS ON THE
FUND FOR REOPENED CASES: A REVENUE AND OPERATING  EXPENSE  STATEMENT;  A
FINANCING  PLAN;  A  REPORT  CONCERNING  THE ASSETS AND LIABILITIES; THE
NUMBER OF AGREEMENTS TO PROCURE MANAGEMENT OF SUCH CLAIMS; THE NUMBER OF
ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY   INSURANCE   POLICIES
EXECUTED  SELLING  SUCH CLAIMS; THE NUMBER OF CLAIMANTS REMAINING IN THE
FUND; THE ESTIMATED CURRENT UNFUNDED LIABILITY OF THE FUND WITH  RESPECT
TO  SUCH CLAIMS; AND A DEBT ISSUANCE REPORT INCLUDING BUT NOT LIMITED TO
(I) PLEDGED ASSESSMENT REVENUE AND FINANCING COVERAGE, (II) DEBT SERVICE
MATURITIES, (III) INTEREST RATE EXCHANGE OR SIMILAR AGREEMENTS, AND (IV)
FINANCING AND ISSUANCE COSTS.
  THE COMMISSIONER OF TAXATION AND FINANCE MAY ESTABLISH WITHIN THE FUND
FOR REOPENED CASES SUCH ACCOUNTS AND SUB-ACCOUNTS AS  HE  OR  SHE  DEEMS
USEFUL  FOR  THE  OPERATION  OF  THE  FUND, OR AS NECESSARY TO SEGREGATE
MONEYS WITHIN THE FUND, SUBJECT  TO  THE  PROVISIONS  OF  THE  FUND  FOR
REOPENED CASES FINANCING AGREEMENT.
  S  13. Subdivision (i) of section 32 of the workers' compensation law,
as added by chapter 6 of the laws of 2007 and  paragraph  5  as  further
amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
  (i) (1) The waiver agreement management office may  contract  with  AN
INSURANCE  CARRIER,  SELF-INSURED  EMPLOYER, STATE INSURANCE FUND OR any
third party to ASSUME  LIABILITY  FOR,  manage,  administer,  or  settle
claims  on  its  behalf, so long as (A) such contract is approved by the
special disability fund advisory committee and (B)  such  [third]  party
shall  agree  to be subject to any guidelines or directives as the chair
may issue.
  (2) The chair MAY, with approval of the special disability fund  advi-
sory  committee  and  on  such terms as the committee deems appropriate,
[shall have discretion to] procure  one  or  more  private  entities  to
assume  the  liability for and [management, administration or settlement
of] MANAGE, ADMINISTER OR SETTLE all or a portion of the claims  in  the
special  disability fund INCLUDING, WITHOUT LIMITATION, BY OBTAINING "AN
ASSUMPTION OF  WORKERS'  COMPENSATION  LIABILITY  INSURANCE  POLICY"  AS
DEFINED  FOR  PURPOSES OF SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC
AUTHORITIES LAW. ANY SUCH POLICY SHALL EXPRESSLY PROVIDE  AND,  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, OPERATE TO RELEASE FROM ANY FURTHER
LIABILITY (1) THE SPECIAL DISABILITY FUND AND (2) THE INSURANCE CARRIER,
INCLUDING AS THE CASE MAY BE THE STATE INSURANCE FUND, ORIGINALLY LIABLE
FOR ANY CLAIM COVERED BY THE ASSUMPTION OF WORKERS' COMPENSATION LIABIL-
ITY INSURANCE POLICY SECURING SUCH FURTHER AND FUTURE CONTINGENT LIABIL-
ITY  AS  MAY  ARISE FOR ANY SUCH CLAIM, INCLUDING FROM PRIOR INJURIES TO
EMPLOYEES AND BE INCURRED BY REASON OF ANY CHANGE IN  THE  CONDITION  OF
SUCH  EMPLOYEES  FOR PAYMENT OF ADDITIONAL COMPENSATION. NOTWITHSTANDING
ANY OTHER PROVISIONS OF LAW, NO CONSULTATION OR APPROVAL OF ANY  EMPLOY-
ER, INSURANCE CARRIER, SELF-INSURER OR THE STATE INSURANCE FUND SHALL BE
REQUIRED  BEFORE  SUCH  OFFICE  MAY ENTER INTO ANY SUCH POLICY OR WAIVER
AGREEMENT, OR BEFORE THE BOARD MAY APPROVE SUCH WAIVER AGREEMENT.    Any
such  procurement  shall  be  conducted in accordance with state finance
law, except as otherwise set forth below. The chair shall not award  any
contract that has not been approved by the special disability fund advi-
sory committee. Notwithstanding the foregoing, the chair of the workers'

S. 6405                            32                            A. 9005

compensation board may, if approved by the special disability fund advi-
sory committee, and on such terms as the committee deems appropriate:
  (A)  waive  any  informality  in a bid, and either reject all bids and
again advertise for bids, or interview at least two  responsible  quali-
fied bidders and negotiate and enter into a contract with one or more of
such bidders; or
  (B)  group  claims  to  be assigned, in whole or in part, based on the
insurance carrier, self-insured employer or state insurance fund that is
receiving or will receive reimbursement on those claims from the  second
disability fund. Such grouping shall be permissible notwithstanding that
any  insurance carrier may have greater access to information, or may be
able to provide better terms, in regard to claims so grouped.
  (3) [Any such contract shall expressly provide that the special  disa-
bility  fund is no longer liable for the claims covered by the contract,
and require security of either cash, an indemnity policy, or such  secu-
rity as is otherwise sufficient to cover any losses incurred as a result
of  the  failure  or  default of the entity or entities awarded any such
contract, including as a result of the insolvency of  any  such  entity.
The  chair  may waive all or part of such security, and may impose other
reasonable methods of insuring payment, upon  approval  of  the  special
disability  fund  advisory  committee]  ANY POLICY EXECUTED BY THE CHAIR
PURSUANT TO THIS SECTION SHALL BE IN THE FORM OF AN ASSUMPTION OF  WORK-
ERS'  COMPENSATION  LIABILITY INSURANCE POLICY SECURING SUCH FURTHER AND
FUTURE CONTINGENT LIABILITY AS MAY ARISE FROM ANY CLAIM COVERED BY  SUCH
POLICY, INCLUDING PRIOR INJURIES TO WORKERS AND BE INCURRED BY REASON OF
ANY  CHANGE IN THE CONDITION OF SUCH WORKERS WARRANTING THE BOARD MAKING
SUBSEQUENT AWARDS FOR PAYMENT OF ADDITIONAL  COMPENSATION.  SUCH  POLICY
SHALL  BE IN A FORM APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES
AND ISSUED BY THE STATE INSURANCE FUND OR ANY INSURANCE COMPANY LICENSED
TO ISSUE THIS CLASS OF INSURANCE IN THIS STATE. IN THE EVENT  THAT  SUCH
POLICY  IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE INSURANCE
FUND, THEN SAID POLICY SHALL BE DEEMED OF THE KIND  SPECIFIED  IN  PARA-
GRAPH  FIFTEEN  OF  SUBSECTION  (A)  OF SECTION ONE THOUSAND ONE HUNDRED
THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE  WORKERS'  COMPENSATION
SECURITY  FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER.
SUCH POLICY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM  PAID  IN
ADVANCE  AND  IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPER-
INTENDENT OF FINANCIAL  SERVICES.  WHEN  ISSUED  SUCH  POLICY  SHALL  BE
NON-CANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE OF
THE LIABILITY SECURED AND SO COVERED.
  (4)  Notwithstanding  any  other provision of this article, the waiver
agreement management office may request in writing any information rele-
vant to its entry into or management of waiver agreements from  (A)  any
insurance carrier, employer, or the state insurance fund, if that entity
has submitted a claim for reimbursement from the special disability fund
as  to  the claimant to whom the information relates; or (B) the special
funds conservation committee. The party to  whom  the  request  is  made
shall  provide  the  requested  information  within fourteen days of the
request, unless before that date it files an objection with the board to
any information which is subject to  a  recognized  privilege  or  whose
production is otherwise barred by law. The objecting party shall provide
the  requested  information  within  five  business  days of the board's
rejection of its objection.
  (5) No carrier, self-insured employer  or  the  state  insurance  fund
shall assume the liability for, or management, administration or settle-
ment of any claims under this section on which it holds reserves, beyond

S. 6405                            33                            A. 9005

such  reserves  as  are permitted by regulation of the superintendent of
financial services for purposes of this provision. No carrier may assume
liability for any claims in the special disability fund under this para-
graph  unless  the  carrier  maintains, on a stand alone basis, separate
from its parent or any affiliated  entities,  an  interactive  financial
strength  rating  from a nationally recognized statistical rating organ-
ization that is considered secure or deemed acceptable  by  the  special
disability fund advisory committee.
  (6)  The  director of the budget shall notify in writing the chairs of
the senate finance committee and the assembly ways and  means  committee
of  any  plans  to  transfer all or a portion of the portfolio of claims
determined to be eligible for reimbursement from the special  disability
fund  or  to [contract with any party to take responsibility in whole or
in part for the administration of a  material  portion  of  the  claims,
including  the procurement process to be used to select parties involved
in such transfer or contract]  ENTER  INTO  AN  ASSUMPTION  OF  WORKERS'
COMPENSATION  LIABILITY  INSURANCE POLICY, not less than forty-five days
prior to the commencement of such process.  At  any  time  borrowing  is
anticipated  to settle claims, the chief executive officer of the dormi-
tory authority of the state of New York and the director of  the  budget
shall provide a report to the chairs of the senate finance committee and
the  assembly  ways  and  means  committee on a planned bond sale of the
authority and such report shall include, but not be limited to: (A)  the
maximum  amount  of  bonds  expected  to  be  sold  by  the authority in
connection with a sale agreement; (B) the expected maximum interest rate
and maturity date of such bonds; (C) the expected amount  of  the  bonds
that  will  be  fixed  and/or  variable interest rate; (D) the estimated
costs of issuance; (E) the estimated level or levels of reserve fund  or
funds,  if any; (F) the estimated cost of bond issuance, if any; (G) the
anticipated use or uses of the proceeds; (H) the  maximum  expected  net
proceeds  that  will be paid to the state as a result of the issuance of
such bonds; and (I) the process to be used  to  select  parties  to  the
transaction. Any such expectations and estimates in the report shall not
be  deemed  a  substantive  limitation on the authority of the dormitory
authority of the state of New York.
  S 14. Subdivisions 1 and 8 of section 151 of the workers' compensation
law, as added by section 22 of part GG of chapter  57  of  the  laws  of
2013, are amended to read as follows:
  1.  The  annual  expenses  necessary  for  the board to administer the
provisions of this chapter, the  volunteer  ambulance  workers'  benefit
law,  the  volunteer  firefighters' benefit law, the disability benefits
law, and the workmen's compensation act  for  civil  defense  volunteers
shall  be  borne  by  affected employers securing compensation for their
employees pursuant to section fifty of this  chapter.  The  board  shall
collect such annual expenses from affected employers through assessments
as provided by the provisions of this section, including for purposes of
this  subdivision:  (a)  the  aggregate  assessment  amount described in
subparagraph four of paragraph  (h)  of  subdivision  eight  of  section
fifteen  of  this  chapter for the special disability fund in accordance
with each financing agreement described in such  subparagraph,  (b)  the
aggregate assessment amount described in section fifty-c of this chapter
for  the  self-insurer  offset  fund  in  accordance with each financing
agreement described in such section, (c) the AGGREGATE assessment amount
described in subdivision three of section twenty-five-a of this  chapter
for the fund for reopened cases IN ACCORDANCE WITH EACH FINANCING AGREE-
MENT  DESCRIBED IN SUCH SECTION, and (d) the assessment amount described

S. 6405                            34                            A. 9005

in section two hundred fourteen of this chapter for the special fund for
disability  benefits;  provided,  that  the  foregoing  and  any   other
provision  of  this  chapter to the contrary notwithstanding, assessment
receipts  shall  be  applied  first  to  fully fund the AGGREGATE amount
described in subparagraph four of paragraph (h) of subdivision eight  of
section  fifteen  of  this chapter PURSUANT TO A SPECIAL DISABILITY FUND
FINANCING AGREEMENT ENTERED INTO BY THE  DORMITORY  AUTHORITY  PRIOR  TO
MARCH  THIRTY-FIRST,  TWO  THOUSAND THIRTEEN PURSUANT TO SECTION SIXTEEN
HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, and then to  fully  fund
the  AGGREGATE amount described in SUBPARAGRAPH FOUR OF PARAGRAPH (H) OF
SUBDIVISION EIGHT OF SECTION FIFTEEN AND IN SUBDIVISION THREE OF SECTION
TWENTY-FIVE-A OF THIS CHAPTER, AND IN section fifty-c of this chapter in
accordance with  each  SUCH  then  applicable  SPECIAL  DISABILITY  FUND
FINANCING AGREEMENT ENTERED INTO BY THE DORMITORY AUTHORITY ON OR SUBSE-
QUENT  TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, PURSUANT TO SECTION
SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, WITH  EACH  SUCH
THEN APPLICABLE FUND FOR REOPENED CASES FINANCING AGREEMENT ENTERED INTO
BY  THE DORMITORY AUTHORITY PURSUANT TO SUCH PROVISION OR WITH EACH THEN
APPLICABLE SELF-INSURED  BOND  financing  agreement  [pursuant  to  such
provisions]  ENTERED INTO BY THE DORMITORY AUTHORITY PURSUANT TO SECTION
SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC  AUTHORITIES  LAW,  RESPECTIVELY,
prior  to  application to any other purpose other than to pay any actual
costs of collecting such assessment that are not otherwise  funded.  For
purposes of this section, affected employer means all employers required
to obtain workers' compensation coverage pursuant to this chapter.
  8.  The  foregoing and every other [prevision] PROVISION of law to the
contrary notwithstanding, all moneys received on account of the  assess-
ment authorized by this section shall be deposited upon receipt into the
administrative clearing account held by the commissioner of taxation and
finance  and  applied,  as  pledged assessments for purposes of sections
sixteen hundred eighty-l and sixteen  hundred  eighty-q  of  the  public
authorities law and prior to any other application: first, in accordance
with any other provision of any special disability fund financing agree-
ment entered into prior to March thirty-first, two thousand thirteen, to
the  extent  required to fully fund the then current payment and reserve
requirements under such financing agreement WITH RESPECT  TO  THE  BONDS
ISSUED  BY  THE  DORMITORY AUTHORITY PURSUANT TO SECTION SIXTEEN HUNDRED
EIGHTY-L OF THE PUBLIC AUTHORITIES LAW PRIOR TO SUCH DATE;  and  second,
in  accordance  with  each  special  disability fund financing agreement
ENTERED INTO ON OR SUBSEQUENT TO MARCH THIRTY-FIRST, TWO THOUSAND  THIR-
TEEN, EACH FUND FOR REOPENED CASES FINANCING AGREEMENT and each self-in-
sured bond financing agreement, to the extent required to fully fund the
then  current payment and reserve requirements under each such financing
agreement [entered into after March thirty-first, two thousand thirteen]
with respect to bonds issued by  the  dormitory  authority  pursuant  to
either  section  sixteen  hundred  eighty-l  or  section sixteen hundred
eighty-q of the public authorities law, on a pari  passu  basis  without
preference or priority among all such other bonds. Such monies shall not
be  commingled with any other monies in the commissioner's custody prior
to the completion of such application and shall not be deemed to be part
of the state treasury or of any funds under management of the  state  OR
BE  DEEMED  MONEY OF THE STATE OR MONEY UNDER CONTROL OF THE STATE. This
section shall not be deemed  to  authorize  any  infringement  upon  the
rights  of  holders  of  such  bonds  issued  or to be issued under such
sections of the public authorities law. The provisions of  this  section
may  be  included  by  the  dormitory authority in any contract with the

S. 6405                            35                            A. 9005

holders of any such bonds. The operation of this section and the  appli-
cation  of  the  receipts  of  the assessment authorized by this section
shall be subject to the provisions of each financing  agreement  author-
ized pursuant to subparagraph four of paragraph (h) of subdivision eight
of  section  fifteen  [or  to]  OF THIS CHAPTER, section fifty-c of this
chapter, OR SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF  THIS  CHAPTER
and  this section shall not be deemed to authorize any infringement upon
the rights of holders of bonds issued or to be issued pursuant to either
such provision.
  S 15. Subdivision 3 of section 25 of the workers' compensation law  is
amended by adding a new paragraph (g) to read as follows:
  (G) NOTWITHSTANDING ANY OTHER PROVISION IN THIS CHAPTER, THE CHAIR MAY
BY  REGULATION  ELECT TO ESTABLISH A PERFORMANCE STANDARD CONCERNING THE
SUBJECT OF ANY PENALTY OR ASSESSMENT PROVISION APPLICABLE TO  AN  INSUR-
ANCE  CARRIER OR SELF-INSURED EMPLOYER, WHERE SUCH PENALTY OR ASSESSMENT
IS REMITTABLE TO THE NEW YORK STATE  TREASURY,  OR  CHAIR,  BUT  NOT  TO
CLAIMANTS  OR  ANY  OTHER  PAYEE OR FUND, AND IMPOSE A SINGLE PENALTY OR
ASSESSMENT UPON THE FAILURE TO  MEET  THAT  PROMULGATED  STANDARD,  WITH
NOTICE  TO  THE CARRIER OR SELF-INSURED EMPLOYER. THE PENALTY OR ASSESS-
MENT IMPOSED IN THE AGGREGATE SHALL BE PAYABLE TO THE CHAIR. SUCH AGGRE-
GATE PENALTY OR ASSESSMENT IMPOSED IN THE AGGREGATE SHALL BE PAYABLE  TO
THE CHAIR.  SUCH AGGREGATE PENALTY OR ASSESSMENT SHALL BE BASED UPON THE
NUMBER  OF  VIOLATIONS  AS  MULTIPLIED AGAINST THE APPLICABLE PENALTY OR
ASSESSMENT, BUT MAY BE NEGOTIATED BY THE CHAIR'S DESIGNEE IN FULL SATIS-
FACTION OF THE PENALTY OR ASSESSMENT.  A  FINAL  AGREEMENT  BETWEEN  THE
CHAIR'S DESIGNEE AND THE CARRIER OR SELF-INSURED EMPLOYER MAY BE SUBMIT-
TED  AND APPROVED SUBJECT TO SECTION THIRTY-TWO OF THIS ARTICLE, WITHOUT
NOTICE TO ANY CLAIMANT. ANY AGGREGATE PENALTY OR  ASSESSMENT  ISSUED  IN
THIS  SECTION  SHALL  BE  ISSUED ADMINISTRATIVELY, AND THE CHAIR MAY, BY
REGULATION, SPECIFY THE METHOD OF REVIEW  OR  REDETERMINATION,  AND  THE
PRESENTMENT  OF  EVIDENCE  AND  OBJECTIONS  SHALL  OCCUR SOLELY UPON THE
DOCUMENTATION. THE CARRIER OR SELF-INSURED EMPLOYER SHALL RECEIVE CREDIT
FOR ANY INSTANCES IN WHICH THE AGGREGATE PENALTY OR ASSESSMENT IS INCLU-
SIVE OF A PENALTY OR ASSESSMENT PREVIOUSLY ISSUED AND PAID IN  AN  INDI-
VIDUAL  CLAIM  OR PROCEEDING. A FINAL DETERMINATION IS SUBJECT TO REVIEW
UNDER SECTION TWENTY-THREE OF THIS  ARTICLE,  EXCEPT  THAT  NO  STAY  IN
PAYMENT  OF THE PENALTY OR ASSESSMENT SHALL APPLY PENDING THE OUTCOME OF
THE APPLICATION FOR ADMINISTRATIVE REVIEW. FAILURE TO  PAY  THE  FINALLY
DETERMINED  PENALTY  OR  ASSESSMENT, OR THE PENALTY OR ASSESSMENT AGREED
UPON PURSUANT TO SECTION THIRTY-TWO OF THIS ARTICLE, WITHIN TEN DAYS  OF
FILING,  SHALL  RESULT  IN  THE  IMPOSITION OF A TWENTY PERCENT PENALTY,
PAYABLE TO THE CHAIR. IN  THE  EVENT  OF  THE  CARRIER  OR  SELF-INSURED
EMPLOYER  INSTITUTING OR CONTINUING AN ISSUE WITHOUT REASONABLE GROUNDS,
THE PROVISIONS OF SUBDIVISION THREE OF SECTION ONE HUNDRED FOURTEEN-A OF
THIS CHAPTER SHALL BE APPLICABLE.
  S 16.  Subparagraph (c) of paragraph 7 of subdivision 3-a  of  section
50  of  the workers' compensation law, as amended by section 4 of part R
of chapter 56 of the laws of 2010, is amended to read as follows:
  (c) Upon the assumption of the assets and liabilities of a group self-
insurer by the chair or his or her designee pursuant  to  regulation  of
the chair, all records, documents and files of whatever nature, pertain-
ing to the group self-insurer, INCLUDING BUT NOT LIMITED TO ANY PROCURE-
MENT  RECORDS OF THE GROUP SELF-INSURER WITH RESPECT TO AN ASSUMPTION OF
WORKERS'  COMPENSATION  LIABILITY  INSURANCE  POLICY,  be  they  in  the
possession of the group self-insurer or a third party, and all remaining
assets  of  the  group  self-insurer,  shall  become the property of the

S. 6405                            36                            A. 9005

chair. All custodians of such records and/or funds shall  turn  over  to
the chair or his designee all such original records upon demand.
  S 17. Subdivision 3 of section 50 of the workers' compensation law, as
amended by section 3 of part G of chapter 57 of the laws of 2011 and the
closing paragraph as further amended by section 104 of part A of chapter
62 of the laws of 2011, is amended to read as follows:
  3.  By  furnishing  satisfactory  proof  to the chair of his financial
ability to pay such compensation for himself, [or to  pay  such  compen-
sation  on behalf of a group of employers in accordance with subdivision
ten of this section, in which case the chair shall require the] IN WHICH
CASE ALL ELIGIBLE INDIVIDUAL SELF-INSURED EMPLOYERS  SHALL  COLLECTIVELY
SECURE  THEIR  LIABILITY  FOR THE PAYMENT OF WORKERS' COMPENSATION OBLI-
GATIONS THROUGH PARTICIPATION  IN  THE  POOLED  INDIVIDUAL  SELF-INSURED
EMPLOYER  FUND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE
CHAIR SHALL, BY REGULATION, SET  MINIMUM  CREDIT,  FINANCIAL,  OR  OTHER
CONDITIONS  THAT  AN INDIVIDUAL SELF-INSURED EMPLOYER MUST MEET IN ORDER
TO PARTICIPATE IN THE POOLED SECURITY SYSTEM. IN THE EVENT ANY  EXISTING
INDIVIDUAL SELF-INSURED EMPLOYER IS UNABLE TO MEET THE CONDITIONS SET BY
THE  CHAIR,  THE  EXISTING  INDIVIDUAL  SELF-INSURED  EMPLOYER  SHALL BE
EXCLUDED  FROM  PARTICIPATION  IN  THE  POOLED  INDIVIDUAL  SELF-INSURED
EMPLOYER  FUND  AND  THE EXISTING INDIVIDUAL SELF-INSURED EMPLOYER SHALL
POST A SEPARATE SECURITY DEPOSIT IN THE MANNER PROVIDED BY PARAGRAPH (H)
OF THIS SUBDIVISION. THE CHAIR SHALL  PROMULGATE  REGULATIONS  REQUIRING
THE  CHAIR  TO  SET AN AGGREGATE SECURITY REQUIREMENT FOR ALL INDIVIDUAL
SELF-INSURED EMPLOYERS PARTICIPATING IN THE POOLED  INDIVIDUAL  SELF-IN-
SURED  EMPLOYER  FUND  BASED ON A REVIEW OF ALL PARTICIPATING INDIVIDUAL
SELF-INSURED EMPLOYERS ANNUAL REPORTS AND ANY OTHER INFORMATION  AS  MAY
BE  SPECIFIED  BY THE CHAIR. THE CHAIR SHALL PROCURE AND MAINTAIN IN THE
POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND A COMBINATION OF  CASH  AND
INVESTMENT  SECURITIES  SATISFACTORY  TO  PROVIDE  ADEQUATE  SECURITY TO
SECURE THE PAYMENT OF THE AGGREGATE WORKERS' COMPENSATION OBLIGATIONS OF
ALL INDIVIDUAL SELF-INSURED EMPLOYERS PARTICIPATING IN THE FUND AS  WELL
AS ANY AMOUNTS AS MAY BE REASONABLY NECESSARY TO PAY FOR THE ADMINISTRA-
TIVE AND OTHER ACTIVITIES OF THE FUND. THIS AMOUNT SHALL BE KNOWN AS THE
AGGREGATE POOLED SECURITY AMOUNT. EACH PARTICIPATING INDIVIDUAL SELF-IN-
SURED  EMPLOYER  SHALL  PAY THE INITIAL ENTRY FEE REQUIRED HEREIN DURING
THEIR FIRST YEAR OF PARTICIPATION IN THE  FUND.  THIS  AMOUNT  SHALL  BE
KNOWN AS THE POOL DEPOSIT FEE. THEREAFTER, ON AN ANNUAL BASIS, THE CHAIR
SHALL  EVALUATE  THE  CONDITION  AND SUFFICIENCY OF THE AGGREGATE POOLED
SECURITY AMOUNT. WHERE NECESSARY, THE CHAIR SHALL REQUIRE  EACH  PARTIC-
IPATING  INDIVIDUAL SELF-INSURED EMPLOYER TO PAY A PARTICIPATION FEE, ON
A PRO RATA BASIS, SUFFICIENT TO BRING THE POOLED INDIVIDUAL SELF-INSURED
EMPLOYER FUND UP TO THE AGGREGATE POOLED SECURITY  AMOUNT.  THIS  AMOUNT
SHALL BE KNOWN AS THE POOL PARTICIPATION FEE. A PARTICIPATING INDIVIDUAL
SELF-INSURED EMPLOYER'S OBLIGATION TO PAY EITHER THE POOL DEPOSIT FEE OR
SUBSEQUENT  POOL  PARTICIPATION  FEES  SHALL CONTINUE, REGARDLESS OF THE
INDIVIDUAL SELF-INSURED EMPLOYER'S CESSATION  OF  PARTICIPATION  IN  THE
POOLED  INDIVIDUAL SELF-INSURED EMPLOYER FUND, FOR SO LONG AS THE FORMER
SELF-INSURED EMPLOYER SHALL CONTINUE TO HAVE WORKERS' COMPENSATION OBLI-
GATIONS ATTRIBUTABLE TO ITS PERIOD OF PARTICIPATION IN THE POOLED  INDI-
VIDUAL SELF-INSURED EMPLOYER FUND.
  (A) IN ORDER TO PROVIDE FOR THE AGGREGATE POOLED SECURITY AMOUNT, EACH
PARTICIPATING  INDIVIDUAL  SELF-INSURED  EMPLOYER SHALL PAY TO THE CHAIR
ITS POOL DEPOSIT FEE AND ANY ANNUAL POOL PARTICIPATION FEE WITHIN THIRTY
DAYS OF DEMAND BY THE CHAIR. THE AMOUNT OF THE POOL DEPOSIT FEE AND POOL
PARTICIPATION FEE PAID BY  EACH  PARTICIPATING  INDIVIDUAL  SELF-INSURED

S. 6405                            37                            A. 9005

EMPLOYER  SHALL  BE  SET  BY  THE  CHAIR, BASED ON HIS OR HER REASONABLE
CONSIDERATION, OF ALL THE FOLLOWING FACTORS:
  (I)  THE  TOTAL  AMOUNT  NEEDED TO PROVIDE THE POOLED SECURITY DEPOSIT
AMOUNT;
  (II) THE INDIVIDUAL SELF-INSURED EMPLOYER'S PAID OR  INCURRED  LIABIL-
ITIES AS REFLECTED IN ITS ANNUAL REPORT;
  (III)  THE  FINANCIAL  STRENGTH AND CREDITWORTHINESS OF THE INDIVIDUAL
SELF-INSURED EMPLOYER;
  (IV) ANY OTHER REASONABLE FACTORS AS MAY BE AUTHORIZED BY REGULATION.
  (B) WITHIN THIRTY (30) BUSINESS DAYS OF THE  PARTICIPATING  INDIVIDUAL
SELF-INSURED  EMPLOYER  PAYING  ITS  POOL  DEPOSIT  FEE, THE CHAIR SHALL
RELEASE THE SECURITY DEPOSIT POSTED BY  THE  SELF-INSURED  EMPLOYER  AND
HELD  BY  THE  CHAIR  PURSUANT  TO  PARAGRAPH  (H) OF THIS SECTION. UPON
PAYMENT OF THE POOL DEPOSIT FEE AND ANY  SUBSEQUENT  POOL  PARTICIPATION
FEES, AND EXCEPT AS PROVIDED HEREIN, THE INDIVIDUAL SELF-INSURED EMPLOY-
ER LOSES ALL RIGHT, TITLE, AND INTEREST IN THE POOL DEPOSIT FEE AND POOL
PARTICIPATION  FEE.  TO THE EXTENT THAT IN ANY ONE YEAR THE POOL DEPOSIT
FEE OR POOL PARTICIPATION  FEE  PAID  BY  ALL  PARTICIPATING  INDIVIDUAL
SELF-INSURERS  IS NOT EXHAUSTED IN THE PURCHASE OF INVESTMENT SECURITIES
OBTAINED BY THE CHAIR AS PART OF THE AGGREGATE POOLED  SECURITY  AMOUNT,
THE  SURPLUS  SHALL REMAIN WITH THE CHAIR AND THE PRINCIPAL AND INTEREST
EARNED ON THAT SURPLUS SHALL BE USED TO REDUCE ANY FUTURE POOL  FEES  IN
SUBSEQUENT YEARS.
  (C)  IF  ANY PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER OBJECTS TO
THE CALCULATION, POSTING, OR ANY OTHER ASPECT OF  ITS  POOL  FEES,  UPON
PAYMENT  OF  THE  POOL FEE IN THE TIME PROVIDED, THE EMPLOYER SHALL HAVE
THE RIGHT TO APPEAL THE POOL FEE TO THE CHAIR, WHO SHALL HAVE  EXCLUSIVE
JURISDICTION OVER THIS DISPUTE. IF ANY PARTICIPATING INDIVIDUAL SELF-IN-
SURED  EMPLOYER FAILS TO PAY EITHER ITS POOL DEPOSIT FEE OR POOL PARTIC-
IPATION FEE IN THE TIME PROVIDED, THE EMPLOYER  SHALL:  (I)  BE  REMOVED
FROM  THE  POOLED  INDIVIDUAL SELF-INSURED EMPLOYER FUND; AND (II) PAY A
PENALTY OF NOT LESS THAN TEN (10) PERCENT  NOR  MORE  THAN  THIRTY  (30)
PERCENT  OF  ITS  POOL  FEE.  THE  PENALTY SHALL BE PAID DIRECTLY TO THE
POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND.  IN  THE  EVENT  THAT  THE
SELF-INSURED EMPLOYER FAILS OR NEGLECTS TO PAY THE PENALTY WITHIN THIRTY
DAYS,  THE EMPLOYER SHALL BE DEEMED IN DEFAULT IN THE PAYMENT OF COMPEN-
SATION TO ITS EMPLOYEES AND THE CHAIR MAY FILE A  JUDGMENT  AGAINST  THE
SELF-INSURED  EMPLOYER, PURSUANT TO THE PROVISIONS OF SECTION TWENTY-SIX
OF THIS CHAPTER, IN THE AMOUNT OF THE UNPAID PENALTY. THE CHAIR MAY ALSO
REVOKE THE AUTHORIZATION TO SELF-INSURE OF ANY  INDIVIDUAL  SELF-INSURED
EMPLOYER  WHO FAILS TO PAY A POOL FEE IN THE TIME PROVIDED IN WHICH CASE
THE EMPLOYER MUST INSURE THE PAYMENT OF SUCH COMPENSATION IN  THE  STATE
FUND  OR  WITH  ANY  STOCK CORPORATION, MUTUAL CORPORATION OR RECIPROCAL
INSURER AUTHORIZED TO TRANSACT THE  BUSINESS  OF  WORKERS'  COMPENSATION
INSURANCE  IN  THIS  STATE THROUGH A POLICY ISSUED UNDER THE LAW OF THIS
STATE WITHIN THIRTY DAYS.
  (D) UPON THE CHAIR'S POSTING OF THE AGGREGATE POOLED  SECURITY  AMOUNT
IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, SAID SECURITY SHALL
BE  HELD  UNTIL  THE  CHAIR  DETERMINES  THAT A PARTICIPATING INDIVIDUAL
SELF-INSURED EMPLOYER HAS FAILED  OR  NEGLECTED  TO  MEET  ITS  WORKERS'
COMPENSATION  OBLIGATIONS  AS  REQUIRED  BY  THIS CHAPTER, AND THE CHAIR
ORDERS THE POOLED INDIVIDUAL  SELF-INSURED  EMPLOYER  FUND  TO  COMMENCE
PAYMENT  OF  SUCH  UNMET  SELF-INSURANCE  OBLIGATIONS. UPON ORDERING THE
POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND TO  COMMENCE  PAYMENT,  THE
CHAIR  SHALL  UTILIZE  THE AGGREGATE POOLED SECURITY AMOUNT NECESSARY TO
MEET THE WORKERS' COMPENSATION OBLIGATIONS OF THE DEFAULTING PARTICIPAT-

S. 6405                            38                            A. 9005

ING INDIVIDUAL SELF-INSURED EMPLOYER. IN THE EVENT ADDITIONAL FUNDS  ARE
NEEDED  IN FUTURE YEARS TO MEET THE WORKERS' COMPENSATION OBLIGATIONS OF
ANY FORMER PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER, WHO THEREAFT-
ER  DEFAULTS  WITH RESPECT TO ITS OBLIGATIONS INCURRED DURING ITS PERIOD
OF PARTICIPATION IN THE POOLED INDIVIDUAL  SELF-INSURED  EMPLOYER  FUND,
THE  CHAIR  SHALL  MAKE  AVAILABLE TO THE POOLED INDIVIDUAL SELF-INSURED
EMPLOYER FUND ANY PORTIONS OF THE AGGREGATE POOLED  SECURITY  AMOUNT  AS
MAY  BE NEEDED TO PAY THOSE BENEFITS. IN THE DISCRETION OF THE CHAIR, IN
THE EVENT THAT THE OBLIGATIONS ASSOCIATED WITH THE  DEFAULT  OF  PARTIC-
IPATING  INDIVIDUAL SELF-INSURED EMPLOYERS ARE SUCH THAT THEY JEOPARDIZE
THE SOLVENCY OF THE POOLED INDIVIDUAL SELF-INSURED  EMPLOYER  FUND,  THE
CHAIR  MAY ISSUE BONDS, CONSISTENT WITH SECTION SIXTEEN HUNDRED EIGHTY-Q
OF THE PUBLIC  AUTHORITIES  LAW,  TO  MEET  SUCH  UNMET  OBLIGATIONS  OF
SELF-INSURED EMPLOYERS.
  (E)  THE CASH PORTION OF THE AGGREGATE POOLED SECURITY AMOUNT SHALL BE
SEGREGATED FROM ALL OTHER FUNDS HELD BY THE CHAIR, AND SHALL BE INVESTED
BY THE CHAIR FOR THE SOLE BENEFIT OF THE POOLED INDIVIDUAL  SELF-INSURED
EMPLOYER  FUND,  AND MAY NOT BE USED FOR ANY OTHER PURPOSE BY THE STATE.
THE COMMISSIONER OF TAX AND FINANCE SHALL BE THE CUSTODIAN OF THE POOLED
INDIVIDUAL SELF-INSURED EMPLOYER FUND.
  (F) THE CHAIR SHALL IMPLEMENT THE PROVISIONS OF  THIS  SUBDIVISION  BY
PROMULGATING  RULES  AND  REGULATIONS  BUT  NO SUCH RULES OR REGULATIONS
SHALL BE NECESSARY FOR ANY PROVISION OF THIS SUBDIVISION  TO  BE  EFFEC-
TIVE.
  (G) FOR THOSE INDIVIDUAL EMPLOYERS SELF-INSURING PURSUANT TO PARAGRAPH
(H)  OF THIS SUBDIVISION, SAID EMPLOYERS SHALL ALSO PAY AN ANNUAL FEE TO
THE CHAIR FOR DEPOSIT INTO THE POOLED  INDIVIDUAL  SELF-INSURANCE  FUND.
THE  CHAIR  SHALL  CALCULATE  THIS ANNUAL FEE IN THE SAME MANNER AS POOL
FEES SET FORTH ABOVE.
  (H) FOR THOSE EMPLOYERS WHO SELF-INSURED INDIVIDUALLY AS OF THE EFFEC-
TIVE DATE OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND BUT  WHICH
DO  NOT MEET THE QUALIFICATIONS FOR PARTICIPATION THEREIN, SUCH INDIVID-
UAL SELF-INSURED EMPLOYER SHALL deposit with the chair of  such  securi-
ties  as the chair may deem necessary of the kind prescribed in subdivi-
sions one, two, three, four and five, and subparagraph (a) of  paragraph
three  of  subdivision  seven  of section two hundred thirty-five of the
banking law, or the deposit  of  cash,  or  the  filing  of  irrevocable
letters  of  credit issued by a qualified banking institution as defined
by rules promulgated by the chair or the filing of a bond  of  a  surety
company  authorized  to transact business in this state, in an amount to
be determined by the chair, or the posting and filing as aforesaid of  a
combination  of such securities, cash, irrevocable letters of credit and
surety bond in an amount to be determined by the chair,  to  secure  his
liability  to  pay  the  compensation provided in this chapter. Any such
surety bond must be approved as to form by the chair. If an employer [or
group of employers] posts and files a combination of  securities,  cash,
irrevocable  letters  of  credit and surety bond as aforesaid, and if it
becomes necessary to use the same to pay the  compensation  provided  in
this chapter, the chair shall first use such securities or cash or irre-
vocable  letters  of  credit  and, when the full amount thereof has been
exhausted, he shall then require the surety  to  pay  forthwith  to  the
chair all or any part of the penal sum of the bond for that purpose. The
chair  may  also  require  an  agreement on the part of the employer [or
group of employers] to pay any awards commuted under section twenty-sev-
en of this chapter, into the special fund of the state fund, as a condi-
tion of his being allowed to remain [uninsured] SELF-INSURED pursuant to

S. 6405                            39                            A. 9005

this section. The chair shall have the authority to deny the application
of an employer [or group of employers]  to  pay  such  compensation  for
himself  or  to  revoke his consent furnished, under this section at any
time,  for  good  cause shown. [The] AN INDIVIDUAL employer [or group of
employers] qualifying under this subdivision shall be known  as  [a]  AN
INDIVIDUAL self-insurer.
  If  for  any  reason the status of an employer [or group of employers]
under this subdivision is terminated, the securities or the surety bond,
or the securities, cash, or irrevocable letters  of  credit  and  surety
bond,  on  deposit referred to herein shall remain in the custody of the
chair for such time as the chair may deem proper and warranted under the
circumstances. In lieu thereof, and at the discretion of the chair,  the
employer, his or her heirs or assigns or others carrying on or liquidat-
ing  such  business,  may execute an assumption of workers' compensation
liability insurance policy securing such further and  future  contingent
liability as may arise from prior injuries to workers and be incurred by
reason  of  any change in condition of such workers warranting the board
making subsequent awards for payment of  additional  compensation.  Such
policy  shall  be  in a form approved by the superintendent of financial
services and issued by the state fund or any insurance company  licensed
to  issue  this class of insurance in this state. In the event that such
policy is issued by an insurance company other than the state fund, then
said policy shall be deemed of the kind specified in  paragraph  fifteen
of  subsection  (a)  of section one thousand one hundred thirteen of the
insurance law and covered by the workers' compensation security fund  as
created  and governed by article six-A of this chapter. It shall only be
issued for a single complete premium payment in advance by the  employer
[or  group of employers] and in an amount deemed acceptable by the chair
and the superintendent of financial services.  In lieu of the applicable
premium charge ordinarily required to be  imposed  by  a  carrier,  said
premium  shall  include a surcharge in an amount to be determined by the
chair to: (i) satisfy all assessment liability  due  and  owing  to  the
board  and/or  the chair under this chapter; and (ii) satisfy all future
assessment liability under this section[, and which surcharge  shall  be
adjusted  from  time to time to reflect any changes to the assessment of
group self-insured employers, including any changes enacted by the chap-
ter of the laws of two thousand eleven amending sections fifteen and one
hundred fifty-one of this chapter]. Said surcharge shall be  payable  to
the  board  simultaneous  to the execution of the assumption of workers'
compensation liability insurance policy. However, the  payment  of  said
surcharge does not relieve the carrier from any other liability, includ-
ing  liability owed to the superintendent of financial services pursuant
to article six-A of this chapter. When issued such policy shall be  non-
cancellable without recourse for any cause during the continuance of the
liability secured and so covered.
  (I) THERE IS ESTABLISHED AN ADVISORY COMMITTEE FOR THE POOLED EMPLOYER
FUND WHOSE MEMBERSHIP SHALL CONSIST OF THE CHAIR OR HIS OR HER DESIGNEE,
FOUR  REPRESENTATIVES  OF  INDIVIDUAL SELF-INSURERS NOMINATED BY THE NEW
YORK STATE SELF-INSURANCE ASSOCIATION AND APPROVED  BY  THE  CHAIR,  AND
FOUR  MEMBERS TO BE APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE UPON NOMI-
NATION OF THE SPEAKER OF THE ASSEMBLY, ONE UPON NOMINATION OF THE PRESI-
DENT OF THE SENATE, AND TWO  OTHERS  WITHOUT  LIMITATION.  THE  ADVISORY
COMMITTEE  SHALL  MEET  NO LESS THAN ANNUALLY AND SHALL PREPARE A REPORT
AVAILABLE TO THE PUBLIC FOR INSPECTION ON OR BEFORE FEBRUARY  FIRST,  OF
EACH YEAR MAKING RECOMMENDATIONS CONCERNING:
  (I) THE STANDARDS FOR PARTICIPATION IN THE POOL;

S. 6405                            40                            A. 9005

  (II) THE ADEQUACY OF THE FUNDING OF THE POOL;
  (III) PAYMENT OF CLAIMS INSURED BY DEFAULTED POOL PARTICIPANTS;
  (IV) THE LONG TERM VIABILITY OF THE POOL; AND
  (V)  SUCH  OTHER  TOPICS RELATED TO THE POOL AS THE ADVISORY COMMITTEE
MAY DEEM NECESSARY.
  S 18. Paragraphs c, f, and g of subdivision 5 of  section  50  of  the
workers'  compensation  law,  as  amended  by chapter 139 of the laws of
2008, are amended to read as follows:
  c. (1) The chair and the department of audit and control  as  soon  as
practicable after May first, nineteen hundred sixty, and annually there-
after, as soon as practicable after April first in each succeeding year,
shall ascertain the total amount of net expenses, including (a) adminis-
trative  expenses,  which  shall  include  the  direct costs of personal
services, the cost of maintenance and operation, the cost of  retirement
contributions  made and workers' compensation premiums paid by the State
for or on account of personnel, rentals  for  space  occupied  in  state
owned  or  state  leased buildings, and (b) all direct or indirect costs
incurred by the board during the preceding fiscal year in  carrying  out
the  provisions  of subdivision three and three-a of this section EXCEPT
THOSE  EXPENSES  ASSOCIATED  WITH  THE  POOLED  INDIVIDUAL  SELF-INSURED
EMPLOYERS  FUND.    Such expenses shall be adjusted quarterly to reflect
any change in circumstances, and shall be assessed against  all  private
self-insured employers, including for this purpose active and terminated
group self-insurers, active individual self-insured employers, and indi-
vidual  self-insured employers who have ceased to exercise the privilege
of self-insurance  INCLUDING  THOSE  INDIVIDUAL  SELF-INSURED  EMPLOYERS
PARTICIPATING IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND.
  (2)  Such expenses shall be assessed against all self-insurers includ-
ing for this purpose employers who have ceased to exercise the privilege
of self-insurance. The basis of apportionment of the assessment  against
each  self-insurer shall be a sum equal to that proportion of the amount
which the indemnity payment for each  self-insurer  bore  to  the  total
indemnity  payments  for  all  self-insurers for the calendar year which
ended within the preceding state fiscal year. All such assessments  when
collected  shall  be  deposited into a fund which shall be used to reim-
burse the appropriations theretofore made by the state for  the  payment
of the expenses of administering this chapter.
  [(3)  Pure  premium  for  assessments made prior to January first, two
thousand nine against individual and group self-insurers who  ceased  to
self-insure  shall  be  based  on  payroll at the time the individual or
group self-insurer has  ceased  to  self-insure,  reduced  by  a  factor
reflecting the reduction in the group or individual self-insurer's self-
insurance liabilities since ceasing to self-insure.]
  f.  Whenever the chair shall determine that the compensation and bene-
fits provided by this chapter may be unpaid by reason of the default  of
an  insolvent  private  self-insured employer, including a private group
self-insurer, EXCEPT AN INDIVIDUAL SELF-INSURED  EMPLOYER  PARTICIPATING
IN  THE  POOLED  INDIVIDUAL SELF-INSURED EMPLOYERS FUND, the chair shall
pay such compensation  and  benefits  from  administration  expenses  as
provided in section one hundred fifty-one of this chapter upon audit and
warrant  of  the  comptroller  upon vouchers approved by the chair. Such
payments shall be considered expenses of administration. The chair shall
be reimbursed therefor from the surety bond, cash or securities held or,
if such surety bond, securities or cash is insufficient, by the  employ-
er,  its  receiver,  liquidator, rehabilitator or trustee in bankruptcy.
All moneys reimbursed to the chair or  recovered  by  the  chair  in  an

S. 6405                            41                            A. 9005

action  or  proceeding  to  secure such reimbursement shall forthwith be
applied as a credit against the expenses on which the assessment  levied
upon all private self-insured employers, in accordance with paragraphs c
and e of this subdivision, is calculated.
  g.  Whenever the chair shall determine that the compensation and bene-
fits provided by this chapter may be unpaid by reason of the default  of
an  insolvent  private  self-insured employer, including a private group
self-insurer, EXCEPT AN INDIVIDUAL SELF-INSURED  EMPLOYER  PARTICIPATING
IN  THE  POOLED  INDIVIDUAL SELF-INSURED EMPLOYERS FUND, the chair shall
levy an assessment against all private self-insured employers, including
private group self-insurers, in accordance with paragraphs c  and  e  of
this subdivision to assure prompt payment of such compensation and bene-
fits.  Whenever  compensation  and benefits are unpaid by reason of such
default, the chair shall promptly pay  such  compensation  and  benefits
from  administration  expenses as provided in section one hundred fifty-
one of this chapter upon audit  and  warrant  of  the  comptroller  upon
vouchers approved by the chair. Nothing in this paragraph shall preclude
the  chair from recovering the moneys it expends from its administrative
expenses against the defaulted individual self-insurer, or  the  members
of  the  defaulted  group  self-insurer,  as otherwise permitted by this
chapter.
  S 19. Section 134 of the  workers'  compensation  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  IN  ACCORDANCE  WITH  RULES  ADOPTED BY THE DEPARTMENT OF LABOR IN
CONSULTATION WITH THE DEPARTMENT OF FINANCIAL SERVICES AND THE  WORKERS'
COMPENSATION  BOARD  AND  UPON  RECEIPT  OF THE WRITTEN NOTIFICATION SET
FORTH IN SUBDIVISION TWO OF THIS SECTION, THE EMPLOYER'S NAME AND  OTHER
RELEVANT INFORMATION SHALL BE ADDED TO A PUBLISHED LIST OF ALL EMPLOYERS
WHOSE  MOST RECENT ANNUAL PAYROLL IS IN EXCESS OF EIGHT HUNDRED THOUSAND
DOLLARS AND WHOSE MOST RECENT EXPERIENCE RATING  EXCEEDS  THE  LEVEL  OF
1.2.  NO EMPLOYER SHALL BE REMOVED FROM SUCH LIST UNTIL SUCH TIME AS THE
EMPLOYER SUBMITS  TO  THE  DEPARTMENT  OF  LABOR  THE  CERTIFICATION  OF
COMPLETION   OF   THE  WORKPLACE  SAFETY  AND  LOSS  PREVENTION  PROGRAM
PRESCRIBED HEREIN. INSURERS THAT ISSUE  WORKERS'  COMPENSATION  COVERAGE
SHALL CONSULT SUCH LIST PRIOR TO ISSUING A POLICY AND SHALL, IF APPLICA-
BLE,  IMPOSE  THE  SURCHARGE  OF  THE  EMPLOYER'S MANUAL RATE PREMIUM IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION MEASURED FROM THE DATE
OF WRITTEN NOTIFICATION IN SUBDIVISION TWO OF THIS SECTION.
  S 20. Section 140 of the workers'  compensation  law,  as  amended  by
chapter 57 of the laws of 1951, is amended to read as follows:
  S  140. [Workmen's] WORKERS' compensation board. The [workmen's] WORK-
ERS' compensation board in the department of labor is hereby  continued.
Such  board  shall  consist of [thirteen] SEVEN members, at least [four]
THREE of whom shall be attorneys and counsellors-at-law duly admitted to
practice in this state. The members of the board shall be  appointed  by
the  governor,  by  and  with  the advice and consent of the senate. The
members of the board in office, together with the additional members and
the members appointed to fill  vacancies,  if  any,  at  the  time  this
section takes effect, shall continue, notwithstanding the appointment of
any  of  the  members  for  a term expiring on a different date, to hold
office for terms to be assigned by the governor by and with  the  advice
and  consent  of the senate[; two such terms to expire on December thir-
ty-first, nineteen hundred fifty; two  to  expire  on  December  thirty-
first,  nineteen  hundred  fifty-one;  two to expire on December thirty-
first,  nineteen  hundred  fifty-two;  two   to   expire   on   December
thirty-first,  nineteen  hundred  fifty-three; two to expire on December

S. 6405                            42                            A. 9005

thirty-first, nineteen hundred fifty-four; two  to  expire  on  December
thirty-first, nineteen hundred fifty-five; and one to expire on December
thirty-first, nineteen hundred fifty-six. The]. UPON THE EXPIRATION OF A
SEVEN  YEAR  TERM,  THE members next appointed, except to fill a vacancy
created otherwise than by expiration of term,  shall  be  appointed  for
terms of seven years. The governor shall designate one of the members of
the board as chairman and another as vice-chairman.
  S  21. Section 142 of the workers' compensation law, as added by chap-
ter 74 of the laws of 1945, subdivision 2 as amended by chapter  608  of
the  laws  of 1989, the opening paragraph of subdivision 2 as amended by
section 12 of part GG of chapter 57 of the laws of 2013,  section  5  as
amended  by  chapter  924 of the laws of 1990, subdivision 6 as added by
chapter 635 of the laws of 1996 and subdivision 7 as  added  by  chapter
452 of the laws of 2005, is amended to read as follows:
  S  142.  General powers and duties of the [workmen's] WORKERS' compen-
sation board. 1.  The [workmen's] WORKERS' compensation board shall have
power to hear and determine all claims for compensation or  benefits  or
relating  to special funds created under the provisions of this chapter,
in the manner provided by this chapter; to require medical  service  for
injured employees as provided by this chapter; to approve and fix attor-
ney's fees and claims for medical service to the extent provided in this
chapter;  to  excuse failure to give notice either of injury or death of
an employee, to approve agreements, to modify or rescind awards, to make
conclusions of fact and rulings of law,  to  certify  questions  to  the
appellate  division  of  the  supreme court, to enter orders in appealed
cases, to determine the time for the payment of compensation,  to  order
the  reimbursement  of  employers for amounts advanced, to assess penal-
ties, to commute awards, to compromise actions  for  the  collection  of
awards,  to  require or permit employers to deposit the present value of
awards in the aggregate trust fund of the state fund,  to  determine  by
rule  the assignment of a minor's right to sue a third party, to require
guardianship for minor dependents, to hear and  determine  claims  under
the  occupational  disease  act, to order physical examinations, to take
testimony by depositions; and to have and exercise all other powers  and
duties,   exclusive   of  purely  administrative  functions,  originally
conferred or imposed upon the [workmen's] WORKERS' compensation  commis-
sion  by  this  chapter,  or  by  any  other statute, and by chapter six
hundred and  seventy-four  of  the  laws  of  nineteen  hundred  fifteen
conferred  and  imposed  upon  the industrial commission, and by chapter
fifty of the laws of nineteen hundred twenty-one conferred  and  imposed
upon the industrial board. For the purpose of exercising such powers and
performing  such  duties,  the  [workmen's]  WORKERS' compensation board
shall be deemed to be a continuation of the  industrial  board  provided
for  by  the provisions of the labor law; and all proceedings under this
chapter pending before such board are hereby transferred to  the  [work-
men's]  WORKERS'  compensation  board without prejudice to the rights of
any party to such proceeding.
  The [workmen's] WORKERS' compensation board, subject to the provisions
of this chapter and of the  provisions  of  the  labor  law  as  to  the
distribution  of  functions,  shall  succeed  to all the rights, powers,
duties and obligations  of  the  department  of  labor,  the  industrial
commissioner  and  the  industrial  board,  in  so far as they relate to
[workmen's] WORKERS' compensation,  as  heretofore  constituted,  except
such  as  are  vested  in  the chairman of the board by this article and
except with respect to article six of this chapter.

S. 6405                            43                            A. 9005

  Whenever the term "industrial board" or the "chairman" or "vice-chair-
man" thereof appears in this chapter or in the provisions of  the  labor
law  after  the time this article takes effect, it shall be construed to
mean the [workmen's] WORKERS' compensation board or the chairman  there-
of,  as created by the provisions of this chapter, as may be required by
the context unless the contrary shall be indicated.
  2. [Any] EXCEPT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, ANY
review, hearing, rehearing, inquiry or investigation required or author-
ized to be conducted or made by the workers' compensation board  may  be
conducted  or made by any panel of the board consisting of not less than
three members thereof, and the order, decision  or  determination  of  a
majority  of  the members of a panel shall be deemed the order, decision
or determination of the board from the date of filing thereof  with  the
secretary of the board, unless the board on its own motion, or on appli-
cation by a party in interest for a full board review made in accordance
with  section twenty-three of this chapter, shall modify or rescind such
order, decision or determination. [Four panels shall be  constituted  at
all  times,  and  the  chair shall assign the members to the panels upon
which they shall serve.] At least one member on each panel shall  be  an
attorney  and  counsellor-at-law,  but the absence of an attorney on any
panel shall not invalidate the order, decision  or  determination  of  a
majority  of  the members of the panel if at least two affirmative votes
are cast in favor of such action. The panels  shall  be  constituted  so
that  the  members  of  the  board  shall  alternate in their periods of
service together thereon. Whenever a number of proceedings remains pend-
ing before the board for a period in excess of thirty days,  members  of
the  board  shall  hold  hearings  and otherwise act in the discharge of
their duties evenings and at other convenient times on all days  of  the
week  except  Sundays,  in addition to the times when they would perform
such duties in the ordinary conduct of the business  of  the  board,  in
order  to  expedite the disposal thereof.  The chair may and shall, when
directed by the governor, prescribe the hours and  the  times  for  such
additional performance of duty by the members of the board and the peri-
od or periods for the continuance thereof.
  3.  THE  CHAIR  OF  THE  BOARD, OR CHAIR'S DESIGNEE, MAY DESIGNATE ANY
BOARD EMPLOYEE WHO IS LICENSED TO PRACTICE LAW IN THE STATE OF NEW  YORK
OR  A SINGLE BOARD MEMBER TO CONDUCT AN APPELLATE REHEARING OR REVIEW OF
ANY ORDER, DECISION OR DETERMINATION WHICH RESOLVES  ANY  ISSUES,  OTHER
THAN  THE  DETERMINATION  OF  COMPENSABILITY IN A CONTROVERTED CLAIM AND
REVERSE, MODIFY OR AFFIRM SUCH ORDER, DECISION OR DETERMINATION. IN  THE
ABSENCE  OF  A  DESIGNATION,  AND  IN  THE  CASE  OF  THE DETERMINATIONS
MENTIONED ABOVE, THE REHEARING OR REVIEW SHALL BE CONDUCTED BY A  THREE-
MEMBER  PANEL  OF BOARD MEMBERS. DISCRETION AS TO DESIGNATIONS IS SOLELY
WITH THE CHAIR OR THE CHAIR'S DESIGNEE, AND SHALL NOT BE BASED UPON  THE
REQUEST  OF  ANY  PARTY,  NOR SHALL ANY DESIGNATION BE SUBJECT TO REVIEW
UNDER SECTION TWENTY-THREE OF THIS  CHAPTER.  THE  ORDER,  DECISION,  OR
DETERMINATION  ISSUED  BY  ANY  SUCH  DESIGNATED BOARD EMPLOYEE OR BOARD
MEMBER ON SUCH A CLAIM SHALL BE DEEMED THE ORDER, DECISION, OR  DETERMI-
NATION OF THE BOARD FROM THE DATE OF THE FILING THEREOF IN THE OFFICE OF
THE  SECRETARY  OF  THE  BOARD UNLESS THE BOARD, ON ITS OWN MOTION OR ON
APPLICATION DULY MADE TO IT, MODIFY OR RESCIND SUCH DECISION. THE  CHAIR
MAY  PROMULGATE  RULES,  OR  THE  BOARD MAY PROMULGATE A SUBJECT NUMBER,
REGARDING REHEARING AND REVIEW DESIGNATIONS UNDER THIS SUBDIVISION.
  Notwithstanding any provision in  this  section  to  the  contrary,  a
member  of  the board may be designated by the chair to act individually
in the hearing and determination of any claim  under  this  chapter,  or

S. 6405                            44                            A. 9005

conduct  any  investigation, hearing or inquiry hereunder, or review and
rescind any order, decision or determination upon any claim and  restore
such  claim  for  further  trial  hearing  and evidence or consideration
except  that  such member may not conduct any appellate rehearing of any
case or otherwise review any order, decision or determination  upon  any
claim  and  reverse,  modify  or affirm such order, decision or determi-
nation which by the provisions of  this  section  shall  be  reheard  or
reviewed by the board or a panel thereof.
  [3.]  4. The members of the [workmen's] WORKERS' compensation board, a
referee or any other officer or employee of the board if duly authorized
by the chairman, may administer oaths and  take  affidavits  in  matters
relating to the provisions of this chapter.
  The members of the [workmen's] WORKERS' compensation board, the refer-
ees and any other officer of the board designated by the chairman, shall
have power:
  a.  To  issue subpoenas for and compel the attendance of witnesses and
the  production  of  books,  contracts,  papers,  documents  and   other
evidence;
  b.  To  hear  testimony  and  take or cause to be taken depositions of
witnesses residing within or without this state in the manner prescribed
by law for like depositions in  civil  actions  in  the  supreme  court.
Subpoenas  and  commissions  to take testimony shall be issued under the
seal of the board.
  [4.] 5. Notwithstanding the provisions of any other law,  neither  the
industrial  commissioner nor any board or other agency of the department
of labor shall in any way direct, review, modify or reverse any decision
or finding of the board nor shall the  industrial  commissioner  or  any
board  or  other  agency of the department of labor supervise or control
the board or its members in  the  exercise  of  any  powers  or  in  the
performance of any duties under this chapter.
  [5.]  6. The workers' compensation board shall keep an accurate record
of all hearings held. Where the decision of a referee is affirmed by the
board upon review, OR WHERE THE DECISION IS MODIFIED  IN  PART,  BUT  IS
AFFIRMED  AS TO THE SUBSTANTIAL PORTION OF ISSUES RAISED UPON THE APPLI-
CATION FOR REVIEW OR IF REVIEW IS DENIED, the board shall assess against
each insurance carrier or employer seeking such review the  sum  of  one
hundred  fifty dollars and may assess against any other party the sum of
twenty dollars. The amount so secured from these  assessments  shall  be
paid into the state treasury.
  [6.] 7. The workers' compensation board shall not release any informa-
tion acquired pursuant to section five hundred thirty-seven of the labor
law  and  section  one  hundred  seventy-one-a of the tax law unless the
release of such information is required to further fraud control  activ-
ities  undertaken  by  the  workers' compensation board pursuant to this
chapter, in which case release of such information shall be  subject  to
the  restrictions  contained in section five hundred thirty-seven of the
labor law and section one hundred seventy-one-a of the tax law.
  [7.] 8. Where there has been a motor  vehicle  accident  which  caused
personal injury and there is a dispute as to whether the injury occurred
in  the  course  of  employment,  the workers' compensation board shall,
after notice to the  no-fault  carrier  and  the  workers'  compensation
carrier,  hold an expedited hearing on the issue of whether the accident
occurred during the course of employment.
  S 22. Subdivision 6 of section 151 of the workers' compensation law is
amended by adding a new paragraph (c) to read as follows:

S. 6405                            45                            A. 9005

  (C) EFFECTIVE IMMEDIATELY, NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
PURSUANT  TO  THE  PROVISIONS  OF  THIS CHAPTER, THE ASSESSMENT RESERVES
REMITTED TO THE CHAIR PURSUANT TO THIS PARAGRAPH SHALL, AT  THE  REQUEST
OF THE DIRECTOR OF THE BUDGET, BE DISTRIBUTED AS FOLLOWS:
  (I)  EFFECTIVE  IMMEDIATELY,  THE  CHAIR  OF THE WORKERS' COMPENSATION
BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO SIXTY MILLION DOLLARS TO
IMPLEMENT INFRASTRUCTURE AND SYSTEM UPGRADES CONSISTENT WITH RECOMMENDA-
TIONS OF THE WORKERS'  COMPENSATION  BOARD  REDESIGN  AND  REENGINEERING
PROJECT.
  (II)  EFFECTIVE  IMMEDIATELY,  THE  CHAIR OF THE WORKERS' COMPENSATION
BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO  FIFTY  MILLION  DOLLARS
FOR:  (A)  TRANSFER INTO THE TRAINING AND EDUCATIONAL PROGRAM ON OCCUPA-
TIONAL SAFETY AND HEALTH FUND CREATED PURSUANT TO CHAPTER EIGHT  HUNDRED
EIGHTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE AND SECTION NINE-
TY-SEVEN-C OF THE STATE FINANCE LAW; (B) THE DEPARTMENT OF LABOR OCCUPA-
TIONAL  SAFETY  AND  HEALTH  PROGRAM;  (C)  TRANSFER  INTO THE UNINSURED
EMPLOYERS' FUND PURSUANT TO SUBDIVISION TWO OF SECTION  TWENTY-SIX-A  OF
THIS CHAPTER IN CONNECTION WITH PAYMENT OF CLAIMS MADE PURSUANT TO ARTI-
CLE  EIGHT-A  OF  THIS  CHAPTER;  (D)  A REDUCTION IN LIABILITIES OF THE
SPECIAL DISABILITY FUND PURSUANT TO SUBDIVISION EIGHT OF SECTION FIFTEEN
OF THIS CHAPTER AND/OR THE FUND FOR REOPENED CASES PURSUANT  TO  SECTION
TWENTY-FIVE-A  OF  THIS  CHAPTER;  AND/OR  (E) TRANSFER TO OR PAYMENT ON
BEHALF OF THE SUPERINTENDENT OF FINANCIAL SERVICES FOR COSTS  ASSOCIATED
WITH  THE IMPLEMENTATION OF THE PAID FAMILY LEAVE ACT OF ARTICLE NINE OF
THIS CHAPTER.
  (III) AS SOON AS PRACTICABLE ON OR AFTER  APRIL  FIRST,  TWO  THOUSAND
SIXTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE
HUNDRED  FORTY  MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL
PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE
INSURANCE FUND UNDER WORKERS' COMPENSATION  LAW  SECTION  EIGHTY-EIGHT-C
FOR TWO THOUSAND SIXTEEN.
  (IV)  AS  SOON  AS  PRACTICABLE  ON OR AFTER APRIL FIRST, TWO THOUSAND
SEVENTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD  SHALL  TRANSFER
ONE  HUNDRED  MILLION  DOLLARS  TO THE STATE INSURANCE FUND, FOR PARTIAL
PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE
INSURANCE FUND UNDER WORKERS' COMPENSATION  LAW  SECTION  EIGHTY-EIGHT-C
FOR TWO THOUSAND SEVENTEEN.
  (V) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND EIGH-
TEEN,  THE  CHAIR  OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE
HUNDRED MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT
AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE  INSUR-
ANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO
THOUSAND EIGHTEEN.
  (VI)  AS  SOON  AS  PRACTICABLE  ON OR AFTER APRIL FIRST, TWO THOUSAND
NINETEEN, THE CHAIR OF THE WORKERS' COMPENSATION  BOARD  SHALL  TRANSFER
THIRTY-FIVE  MILLION  DOLLARS  TO  THE STATE INSURANCE FUND, FOR PARTIAL
PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE
INSURANCE FUND UNDER WORKERS' COMPENSATION  LAW  SECTION  EIGHTY-EIGHT-C
FOR TWO THOUSAND NINETEEN.
  ANY  AND  ALL  FUNDS  REMAINING AFTER ACCOUNTING FOR THE TRANSFERS AND
EXPENDITURES SET FORTH ABOVE MAY, AT THE DISCRETION OF THE  DIRECTOR  OF
THE  BUDGET,  EITHER  REMAIN  WITH THE WORKERS' COMPENSATION BOARD OR BE
TRANSFERRED TO THE GENERAL FUND FOR THE PURPOSE OF REDUCING BUDGET GAPS.
  ANNUALLY, THE WORKERS' COMPENSATION BOARD WILL PROVIDE TO THE DIRECTOR
OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE  CHAIR
OF  THE  ASSEMBLY  WAYS AND MEANS COMMITTEE, AN ACCOUNTING OF SUCH FUNDS

S. 6405                            46                            A. 9005

AND ALL ASSOCIATED INCOME RECEIVED. SUCH ACCOUNTING WILL CONTINUE  UNTIL
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  S  23. Section 167 of the workers' compensation law, as added by chap-
ter 446 of the laws of 2006, is amended to read as follows:
  S 167. Claims of volunteers. For persons  who  participated  in  World
Trade Center rescue, recovery and clean-up operations as volunteers, the
uninsured  employers' fund shall be deemed to be the employer [only] for
the purposes of administering and paying claims pursuant to  this  arti-
cle.  Benefits  under  this  chapter shall be payable to such volunteers
[only] IN THE FIRST INSTANCE AND to the extent that funds are  available
out of funds appropriated to the United States Department of Labor under
Public  Law  109-148  to reimburse the uninsured employer's fund for the
payment of such benefits AND THEREAFTER FROM  THE  UNINSURED  EMPLOYERS'
FUND.  THE  UNINSURED  EMPLOYERS'  FUND  SHALL  NOT  PAY FOR VOLUNTEERS'
MEDICAL TREATMENT UNLESS SUCH MEDICAL EXPENSES HAVE BEEN DENIED  BY  THE
WORLD TRADE CENTER HEALTH ORGANIZATION.
  S  24.  Subdivision 2 of section 354 of the workers' compensation law,
as added by chapter 635 of the laws of  1996,  is  amended  to  read  as
follows:
  2.  An  employee , NOT SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT OR
SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT DATED  ON  OR  AFTER  APRIL
FIRST, TWO THOUSAND SIXTEEN, may seek medical treatment from outside the
preferred  provider  organization  [thirty]  ONE HUNDRED AND TWENTY days
after his or her  first  visit  to  a  preferred  provider  organization
provider.  In  the  event  that  such  employee  seeks medical treatment
outside the preferred provider organization the employer may  require  a
second  opinion  from a provider within the preferred provider organiza-
tion.  FOR COLLECTIVE BARGAINING AGREEMENTS ENTERED  INTO  BEFORE  APRIL
FIRST,  TWO  THOUSAND  SIXTEEN,  THE EMPLOYEE MAY SEEK MEDICAL TREATMENT
FROM OUTSIDE A PREFERRED PROVIDER ORGANIZATION THIRTY DAYS AFTER HIS  OR
HER FIRST VISIT WITH THE PREFERRED PROVIDER ORGANIZATION.
  S 25. Paragraphs 1 and 2 and subparagraph (a) of paragraph 5 of subdi-
vision  3-a  of section 50 of the workers' compensation law, paragraph 1
and subparagraph (a) of paragraph 5 as amended by  chapter  139  of  the
laws  of 2008 and paragraph 2 as amended by section 4 of part G of chap-
ter 57 of the laws of 2011, are amended to read as follows:
  (1) Definitions. As used in this chapter the  term  "employers"  shall
include:  (a) employers with related activity in a given industry [which
shall include municipal corporations as that term is defined in sections
two and six-n of the  general  municipal  law,]  employing  persons  who
perform  work in connection with the given industry, (b) an incorporated
or unincorporated association or associations consisting exclusively  of
such  employers  provided  they  employ persons who perform such related
work in the given industry,  and  (c)  a  combination  of  employers  as
described  in subparagraph (a) hereof and an association or associations
of employers as described in subparagraph (b) hereof.
  (2) (a) Any group consisting exclusively of such employers may adopt a
plan for self-insurance, as a group, for  the  payment  of  compensation
under  this  chapter  to  their employees, except that no new groups may
adopt such a plan, and no group not composed solely of  public  entities
set forth in [paragraph a of] subdivision [four] THREE-F of this section
may insure any liabilities for any employers on and after January first,
two  thousand  twelve,  except  as provided for in paragraph ten of this
subdivision. Under such plan the group shall assume the liability of all
the employers within the group and pay all compensation  for  which  the
said  employers  are liable under this chapter[, except that in the case

S. 6405                            47                            A. 9005

of municipal corporations as herein defined no proof of financial abili-
ty or deposit of securities or cash need be made in compliance with this
subdivision]. The group qualifying under this subdivision shall be known
as  a  group  self-insurer  and  the employers participating therein and
covered thereby shall be known as members.
  (b) Where such plan is adopted the group self-insurer, EXCEPT A  GROUP
COMPOSED  SOLELY  OF PUBLIC ENTITIES SET FORTH IN SUBDIVISION THREE-F OF
THIS SECTION, shall furnish satisfactory  proof  to  the  chair  of  its
financial ability to pay such compensation for the members in the indus-
try  covered  by it, its revenues, their source and assurance of contin-
uance. The chair shall require the deposit with the chair of such  secu-
rities as may be deemed necessary of the kind prescribed in subdivisions
one,  two, three, four and five, and subparagraph (a) of paragraph three
of subdivision seven of section two hundred thirty-five of  the  banking
law or the deposit of cash or the filing of irrevocable letters of cred-
it issued by a qualified banking institution as defined by rules promul-
gated  by  the chair or the filing of a bond of a surety company author-
ized to transact business in this state, in an amount to  be  determined
to  secure  its  liability  to  pay the compensation of each employer as
above provided.  Such surety bond must be approved as  to  form  by  the
chair.  The chair shall require each group self-insurer to provide regu-
lar reports no less than annually, which shall include but not be limit-
ed to audited  financial  statements,  actuarial  opinions  and  payroll
information containing proof that it is fully funded. Such reports shall
also  include  a  contribution year analysis detailing contributions and
expenses associated with each specific contribution year.  For  purposes
of this paragraph, proof that a group self-insurer is fully funded shall
at  a minimum include proof of unrestricted cash and investments permit-
ted by regulation of the chair of at least one hundred  percent  of  the
total  liabilities,  including  the  estimate presented in the actuarial
opinion submitted by the group  self-insurer  in  accordance  with  this
chapter.  The  chair  by regulation, may set further financial standards
for group self-insurers. Any group self-insurer that fails to show  that
it  is  fully funded shall be deemed underfunded, and must submit a plan
for achieving fully funded status which may include a deficit assessment
on members of such group self-insurer which shall be subject to approval
or modification by the chair.
  (c) The chair shall evaluate, no less than once every three  years,  a
group  self-insurer's  compliance  with  the  financial  and  regulatory
requirements for self-insurance. The  chair  may  engage  any  qualified
person  or  organization  to  assist  with such evaluation and any costs
incurred by the chair shall be borne by  the  group  self-insurer  under
examination. Failure to submit to such independent review or to pay such
costs,  upon  demand of the chair, shall be sufficient grounds to termi-
nate coverage of the group self-insurer.
  (d) The chair may require reports to be prepared by an auditor,  actu-
ary  or  other  consultant,  selected  by  the  board or, at the chair's
discretion, by the group self-insurer from a list which shall be pre-ap-
proved by the chair to determine whether the  group  self-insurer  meets
the  financial  criteria  for  self-insurance. All actuaries so selected
shall be fellows or associates of the casualty actuarial society.
  (e) The chair may also require that any and all agreements,  contracts
and  other  pertinent  documents  relating  to  the  organization of the
members in the group self-insurer shall be filed with the chair.
  (f) The chair shall have the authority  to  revoke  consent  furnished
under this section at any time for good cause shown.

S. 6405                            48                            A. 9005

  (g)  Prior to the requested effective date of the participating agree-
ment, a group self-insurer shall notify the chair on a  prescribed  form
of a new group self-insurer member and file (1) a member application and
(2)  a  copy of the properly executed prescribed participation agreement
wherein  the  member acknowledges their joint and several obligation for
their period of membership. The board shall, on a  form  promulgated  by
the chair, provide notice of the member's rights and responsibilities as
a  group self-insurer member, including the member's assumption of joint
and several liability, and require the member to return a signed copy to
the chair as a condition of membership.
  (h) Any member terminating membership in a PRIVATE group  self-insurer
after  less  than four years in such PRIVATE group self-insurer, and any
member in a group self-insurer that has defaulted,  shall  be  precluded
from  obtaining prospective coverage from any PRIVATE group self-insurer
for a period of at least three years from the effective date  of  termi-
nation.
  (a) Each PRIVATE group self-insurer shall, AND EACH GROUP SELF-INSURER
MAY,  shall secure the services of a group administrator to be responsi-
ble  for  assisting  the  group  self-insurer  in  complying  with   the
provisions  of  this  section  and the rules and regulations promulgated
hereunder, and for coordinating services including but  not  limited  to
claims   processing,  loss  control,  legal,  accounting  and  actuarial
services. No person, firm or corporation shall coordinate such  services
or otherwise carry out the tasks of a group administrator as provided in
this subdivision or in the regulations issued pursuant thereto on behalf
of  a group self-insurer unless such person shall have obtained from the
chair a license authorizing it to act as a group  self-insurer  adminis-
trator,  which  license  may  be revoked for good cause. The chair shall
promulgate regulations setting forth any additional  qualifications  for
such  license,  governing the conduct and compensation of group self-in-
surer administrators, and setting a license fee in an  amount  not  less
than  five  thousand  dollars  per  year for such license for each group
self-insurer the administrator  administers.  Each  administrator  shall
post  a  bond  in  the  amount of five hundred thousand dollars for each
group self-insurer administered or such other amount as may  be  set  by
the  chair  based  on the cost and availability of such bond, from which
the chair may recover any recoveries or penalties against  the  adminis-
trator  under  this  section.  Nothing in this section shall relieve the
trustees of a group self-insurer of any fiduciary obligation  they  hold
to the other members of such group self-insurer.
  S 26. Section 50 of the workers' compensation law is amended by adding
a new subdivision 3-f to read as follows:
  3-F.  (1)  ANY GROUP CONSISTING EXCLUSIVELY OF MUNICIPAL CORPORATIONS,
PUBLIC CORPORATIONS AS THAT TERM IS DEFINED IN SECTION SIXTY-SIX OF  THE
GENERAL  CONSTRUCTION LAW, COUNTY SELF-INSURANCE PLANS ESTABLISHED UNDER
ARTICLE FIVE OF THIS CHAPTER, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
AND CONSORTIA ESTABLISHED BY BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES
MAY  ADOPT  A  PLAN  FOR  SELF-INSURANCE, AS A GROUP, FOR THE PAYMENT OF
COMPENSATION UNDER THIS CHAPTER TO THEIR EMPLOYEES.  SUCH GROUP SHALL BE
KNOWN AS A "PUBLIC GROUP SELF-INSURER".  ALL  OTHER  GROUPS  ESTABLISHED
UNDER  THIS SECTION FIFTY ARE "PRIVATE GROUP SELF-INSURERS". A COUNTY OF
SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE OF  THIS  CHAPTER  IS
NOT ITSELF A PUBLIC GROUP SELF-INSURER, AND IS NOT ITSELF SUBJECT TO THE
REQUIREMENTS  OF  THIS SECTION, BUT MAY JOIN A PUBLIC GROUP SELF-INSURER
AND, IF IT DOES SO, SHALL ASSUME ALL OF THE OBLIGATIONS OF  ITS  PARTIC-
IPANTS TO THE PUBLIC GROUP SELF-INSURER. NO ENTITY WHICH IS NOT A MUNIC-

S. 6405                            49                            A. 9005

IPAL CORPORATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL LAW,
OTHER  THAN  A COUNTY SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE
OF THIS CHAPTER AND A CONSORTIUM ESTABLISHED BY A BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES, MAY JOIN A PUBLIC GROUP SELF-INSURER UNLESS IT MAY
LEVY  TAXES OR ITS OBLIGATIONS ARE GUARANTEED BY ANOTHER MEMBER WHICH IS
SUCH A MUNICIPAL CORPORATION. A PUBLIC GROUP SELF-INSURER  SHALL  COMPLY
WITH  ALL  OF  THE  REQUIREMENTS OF SUBDIVISION THREE-A OF THIS SECTION;
PROVIDED HOWEVER THAT NO PROOF OF FINANCIAL ABILITY TO PAY  THE  COMPEN-
SATION PROVIDED FOR BY THIS CHAPTER SHALL BE REQUIRED AND, IN LIEU THER-
EOF,  THE JOINT AND SEVERAL LIABILITY OF THE PUBLIC GROUP SELF-INSURER'S
PARTICIPANTS SHALL SERVE AS THE SECURITY REQUIRED UNDER PARAGRAPH TWO OF
SUBDIVISION THREE-A OF THIS  SECTION.  THE  CHAIR  SHALL  IMPLEMENT  THE
PROVISIONS OF THIS SUBDIVISION BY PROMULGATING RULES AND REGULATIONS BUT
NO  SUCH  RULES AND REGULATIONS SHALL BE NECESSARY FOR ANY PROVISIONS OF
THIS SUBDIVISION TO BE EFFECTIVE.
  (2) A PUBLIC GROUP SELF-INSURER AS DEFINED HEREIN MAY OFFER,  AS  PART
OF THE POLICY OR BY ENDORSEMENT, DEDUCTIBLES OPTIONAL TO THE POLICYHOLD-
ER  FOR  BENEFITS  PAYABLE  UNDER THE POLICY, SUBJECT TO APPROVAL BY THE
CHAIRMAN AND SUBJECT TO UNDERWRITING BY THE PUBLIC  GROUP  SELF-INSURER,
CONSISTENT WITH THE FOLLOWING STANDARDS OR FACTORS:
  (A)  CLAIMANTS'  RIGHTS ARE PROPERLY PROTECTED AND CLAIMANTS' BENEFITS
ARE PAID WITHOUT REGARD TO ANY SUCH DEDUCTIBLE;
  (B) APPROPRIATE PREMIUM REDUCTIONS REFLECT THE TYPE AND LEVEL  OF  ANY
DEDUCTIBLE APPROVED BY THE CHAIRMAN AND SELECTED BY THE MEMBER;
  (C)  PREMIUM REDUCTIONS FOR DEDUCTIBLES ARE DETERMINED BEFORE APPLICA-
TION OF ANY  EXPERIENCE  MODIFICATION,  PREMIUM  SURCHARGE,  OR  PREMIUM
DISCOUNT;
  (D)  RECOGNITION  IS  GIVEN TO MEMBER CHARACTERISTICS, INCLUDING SIZE,
FINANCIAL CAPABILITIES, NATURE OF ACTIVITIES, AND NUMBER OF EMPLOYEES;
  (E) IF THE MEMBER SELECTS A DEDUCTIBLE, THE MEMBER IS  LIABLE  TO  THE
PUBLIC  GROUP  SELF-INSURER FOR THE DEDUCTIBLE AMOUNT IN REGARD TO BENE-
FITS PAID FOR COMPENSABLE CLAIMS;
  (F) THE PUBLIC GROUP SELF-INSURER PAYS ALL OF THE  DEDUCTIBLE  AMOUNT,
APPLICABLE TO A COMPENSABLE CLAIM, TO THE PERSON OR PROVIDER ENTITLED TO
BENEFITS AND THEN SEEKS REIMBURSEMENT FROM THE MEMBER FOR THE APPLICABLE
DEDUCTIBLE AMOUNT; AND
  (G)  FAILURE  TO  REIMBURSE  DEDUCTIBLE  AMOUNTS  BY THE MEMBER TO THE
PUBLIC GROUP SELF-INSURER IS TREATED UNDER THE COVERAGE AGREEMENT IN THE
SAME MANNER AS NONPAYMENT OF CONTRIBUTIONS.
  (3) IF, IN THE DETERMINATION OF THE CHAIR, A PUBLIC GROUP SELF-INSURER
BECOMES INSOLVENT OR OTHERWISE DEFAULTS ON ITS OBLIGATIONS,  THE  INSOL-
VENT  GROUP  WILL  REQUIRE  EACH  MEMBER AND EACH FORMER MEMBER TO PAY A
SUPPLEMENTAL ASSESSMENT IN AN AMOUNT SUFFICIENT TO MAKE THE PUBLIC GROUP
SELF-INSURER SOLVENT BASED UPON A FORMULA TO BE ESTABLISHED BY THE CHAIR
IN REGULATIONS WHICH CONSIDERS THE  MEMBERS'  ANNUAL  CONTRIBUTIONS  AND
LOSS  EXPERIENCE.  IF AN ASSESSMENT IS NOT SUFFICIENT TO CURE THE INSOL-
VENCY OR DEFAULT, (I) EACH MEMBER AND ANY FORMER MEMBER WILL BE  JOINTLY
AND  SEVERALLY  LIABLE  FOR THE REMAINING DEFICIT; AND (II) WHENEVER THE
CHAIR SHALL DETERMINE THAT THE COMPENSATION  AND  BENEFITS  PROVIDED  BY
THIS  CHAPTER  MAY  BE UNPAID BY REASON OF THE DEFAULT OF A PUBLIC GROUP
SELF-INSURER, THE CHAIR SHALL PAY SUCH COMPENSATION  AND  BENEFITS  FROM
ADMINISTRATION  EXPENSES AS PROVIDED IN SECTION ONE HUNDRED FIFTY-ONE OF
THIS CHAPTER UPON AUDIT AND WARRANT OF  THE  COMPTROLLER  UPON  VOUCHERS
APPROVED  BY  THE  CHAIR.  SUCH PAYMENTS SHALL BE CONSIDERED EXPENSES OF
ADMINISTRATION. THE CHAIR SHALL BE REIMBURSED THEREFOR FROM  ANY  MEMBER
OF  THE  PUBLIC  GROUP  SELF-INSURER, FIRST PURSUANT TO THE SUPPLEMENTAL

S. 6405                            50                            A. 9005

ASSESSMENT FORMULA REFERENCED HEREIN, BUT IN ANY EVENT WHERE  NECESSARY,
ON A JOINT AND SEVERAL BASIS.
  S  27.  The  section heading and subdivisions 1, 2, 3 and 4 of section
1680-l of the public authorities law, as added by chapter 6 of the  laws
of 2007, are amended to read as follows:
  [The  special]  SPECIAL  disability  fund  AND FUND FOR REOPENED CASES
financing.  1. As used in this section the following  terms  shall  have
the following meanings:
  (a)  "Ancillary  bond  facility"  means  any interest rate exchange or
similar agreement or any bond insurance  policy,  letter  of  credit  or
other   credit  enhancement  facility,  liquidity  facility,  guaranteed
investment  or  reinvestment  agreement,  or  other  similar  agreement,
arrangement or contract.
  (b)  "Benefited  party"  means  any  person,  firm or corporation that
enters into an ancillary bond facility with the authority  according  to
the provisions of this section.
  (c)  "Bonds" means any bonds, notes, certificates of participation and
other evidence of indebtedness  issued  by  the  authority  pursuant  to
subdivision five of this section.
  (d)  "Bond  owners  or owners of bonds" means any registered owners of
bonds.
  (e) "Chair" means the chair of the workers' compensation board.
  (f) "Code" means the United States Internal Revenue Code of  1986,  as
amended.
  (g)  "Costs  of  issuance" means any item of expense directly or indi-
rectly payable or reimbursable by  the  authority  and  related  to  the
authorization,  sale,  or  issuance of bonds, including, but not limited
to, underwriting fees and fees and expenses of professional  consultants
and fiduciaries.
  (h)  "Debt service" means actual debt service, comprised of principal,
interest and associated costs, as defined in subparagraph five of  para-
graph  (h)  of  subdivision  eight  of  section  fifteen of the workers'
compensation law.
  (i) "Director of the budget" or "director" means the director  of  the
budget of the state of New York.
  (j)  "Financing agreement" means [any agreement authorized pursuant to
subdivision four of this section between the chair and the  commissioner
of taxation and finance, and the authority] EACH OR ANY SPECIAL DISABIL-
ITY FUND FINANCING AGREEMENT OR FUND FOR REOPENED CASES FINANCING AGREE-
MENT, AS APPLICABLE.
  (k)  "Financing costs" means all costs of issuance, capitalized inter-
est, capitalized operating expenses of the authority  and,  pursuant  to
the  financing  agreement, the initial capitalized operating expenses of
the waiver agreement management office and debt service reserves,  fees,
cost  of  any  ancillary  bond  facility, and any other fees, discounts,
expenses and costs related to issuing, securing and marketing the  bonds
including, without limitation, any net original issue discount.
  (l)  "FUND  FOR REOPENED CASES FINANCING AGREEMENT" MEANS AN AGREEMENT
AUTHORIZED AND CREATED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION  AND
TO  SUBDIVISION  FOUR  OF  SECTION TWENTY-FIVE-A OF THE WORKERS' COMPEN-
SATION LAW, AS SUCH AGREEMENT MAY BE AMENDED.
  (M) "Investment securities" means:  (i)  general  obligations  of,  or
obligations  guaranteed by, any state of the United States of America or
political subdivision thereof, or the District of Columbia or any agency
or instrumentality of any of them, receiving one of  the  three  highest
long-term unsecured debt rating categories available for such securities

S. 6405                            51                            A. 9005

of  at  least  one  independent  rating  agency, or (ii) certificates of
deposit,  savings  accounts,  time  deposits  or  other  obligations  or
accounts  of  banks  or  trust  companies  in the state, secured, if the
authority  shall  so  require,  in  such  manner as the authority may so
determine, or (iii) obligations in which the comptroller  is  authorized
to  invest  pursuant to either section ninety-eight or ninety-eight-a of
the state finance law, or (iv) investments  which  the  commissioner  of
taxation and finance is permitted to make with surplus or reserve moneys
of the special disability fund under subparagraph seven of paragraph (h)
of  subdivision  eight  of  section fifteen of the workers' compensation
law.
  [(m)] (N) "Interest rate exchange or similar agreement" means a  writ-
ten  contract  entered  into in connection with the issuance of bonds or
with such bonds outstanding  with  a  counterparty  to  provide  for  an
exchange  or  swap of payments based upon fixed and/or variable interest
rates, and shall be for exchanges in currency of the  United  States  of
America only.
  [(n)]  (O)  "Net  proceeds"  means  the  amount  of proceeds remaining
following each sale of bonds which are not required by the authority for
purposes of this section to pay or provide for debt service or financing
costs, as provided in the financing agreement.
  [(o)] (P) "Operating expenses" means the reasonable or necessary oper-
ating expenses of the authority for purposes of this section, including,
without limitation, the costs of: retention of auditors, preparation  of
accounting  and  other reports, maintenance of the ratings on the bonds,
any operating expense reserve fund, insurance premiums,  ancillary  bond
facilities,  rebate  payments,  annual meetings or other required activ-
ities of the authority, and professional consultants and fiduciaries.
  [(p)] (Q) "Outstanding",  when  used  with  respect  to  bonds,  shall
exclude  bonds  that  shall have been paid in full at maturity, or shall
have otherwise been refunded, redeemed, defeased or discharged, or  that
may  be  deemed  not outstanding pursuant to agreements with the holders
thereof.
  [(q)]  (R)  "Pledged  assessments  revenues",  "pledged  revenues"  or
"pledged  assessments"  means: (I) WITH RESPECT TO BONDS ISSUED PRIOR TO
MARCH THIRTY-FIRST, TWO THOUSAND  THIRTEEN  PURSUANT  TO  THIS  SECTION,
EITHER  receipts of special disability fund assessments imposed pursuant
to subparagraph four of paragraph (h) of subdivision  eight  of  section
fifteen  of the workers' compensation law and pledged for the payment of
debt service on the bonds, RECEIPTS OF ASSESSMENTS FOR  ANNUAL  EXPENSES
IMPOSED  PURSUANT  TO  SECTION  ONE  HUNDRED  FIFTY-ONE  OF THE WORKERS'
COMPENSATION LAW AND PLEDGED FOR THE PAYMENT  OF  DEBT  SERVICE  ON  THE
BONDS,  OR AMOUNTS DUE PURSUANT TO AN ANCILLARY BOND FACILITY, INCLUDING
THE RIGHT TO RECEIVE THE SAME; AND (II) WITH RESPECT TO BONDS ISSUED  ON
OR  SUBSEQUENT  TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN PURSUANT TO
THIS SECTION, EITHER RECEIPTS OF SUCH ASSESSMENTS FOR ANNUAL EXPENSES or
amounts due pursuant to an ancillary bond facility, including the  right
to receive same.
  [(r)] (S) "State" means the state of New York.
  [(s)]  (T)  "Special  disability  fund  financing  agreement" means an
agreement authorized and created pursuant to SUBDIVISION  FOUR  OF  THIS
SECTION   AND TO subparagraph five of paragraph (h) of subdivision eight
of section fifteen of the workers' compensation law,  as  [same  by  its
terms and bond proceedings,] SUCH AGREEMENT may be amended.
  [(t)]  (U)  "Waiver  agreement"  means  waiver agreements entered into
pursuant to section thirty-two of the workers' compensation law.

S. 6405                            52                            A. 9005

  [(u)] (V) "Waiver agreement management office" shall mean  the  office
described in paragraph (e) of section thirty-two of the workers' compen-
sation law.
  (W)  "WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" OR "ASSUMPTION
OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY"  MEANS  ANY  POLICY
EXECUTED  BY THE CHAIR PURSUANT TO SUBDIVISION (I) OF SECTION THIRTY-TWO
OR SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF  THE  WORKERS'  COMPEN-
SATION  LAW  PROVIDING FOR THE ASSUMPTION OF ALL OR PART OF SUCH FURTHER
AND FUTURE CONTINGENT WORKERS' COMPENSATION LIABILITY AS MAY ARISE  FROM
PRIOR  INJURIES  TO  WORKERS. SUCH POLICY SHALL BE IN A FORM APPROVED BY
THE SUPERINTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE  INSUR-
ANCE  FUND  OR  ANY  INSURANCE  COMPANY  LICENSED TO ISSUE THIS CLASS OF
INSURANCE IN THIS STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED  BY  AN
INSURANCE  COMPANY OTHER THAN THE STATE INSURANCE FUND, THEN SUCH POLICY
SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION
(A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF  THE  INSURANCE  LAW
AND  COVERED  BY  THE WORKERS' COMPENSATION SECURITY FUND AS CREATED AND
GOVERNED BY ARTICLE SIX-A OF THE WORKERS' COMPENSATION LAW. SUCH A POLI-
CY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM  PAYMENT  THAT  IS
PAYABLE  IN  ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND
THE SUPERINTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY  SHALL
BE  NONCANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE
OF THE LIABILITY SECURED AND SO COVERED.
  2. The authority is hereby authorized to ISSUE BONDS  TO  finance  the
special  disability  fund  established  by  paragraph (h) of subdivision
eight of section fifteen of the workers' compensation law and  to  enter
into  one or more special disability fund financing agreements described
in such subdivision AND AUTHORIZED TO ISSUE BONDS TO  FINANCE  THE  FUND
FOR   REOPENED   CASES  ESTABLISHED  BY  SUBDIVISION  THREE  OF  SECTION
TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW AND TO ENTER INTO ONE  OR
MORE  FUND FOR REOPENED CASES FINANCING AGREEMENTS DESCRIBED IN SUBDIVI-
SION FOUR OF SUCH SECTION.   All of  the  provisions  of  the  authority
relating  to  bonds  and  notes  which  are  not  inconsistent  with the
provisions of this section shall apply to obligations authorized by this
section, including but not limited to the power  to  establish  adequate
reserves therefor and to issue renewal notes or refunding bonds thereof.
[The  provisions  of  this  section  shall  apply  solely to obligations
authorized by this section and shall not include liabilities, assets  or
revenues  other  than  liabilities,  assets or revenues derived from the
authority solely from the special disability fund.]
  3. It is found and declared that the special disability fund  AND  THE
FUND  FOR REOPENED CASES no longer [serves] SERVE the purposes for which
[it was] THEY WERE created, [adds]  ADD  to  the  time  and  expense  of
proceedings  before  the  workers'  compensation board and to employers'
costs for workers' compensation insurance; that the creation and  opera-
tion  of  a  waiver  agreement management office of the workers' compen-
sation board, to manage, maintain and  negotiate  waiver  agreements  on
behalf  of  the  special disability fund AND FUND FOR REOPENED CASES can
reduce the  special  disability  fund's  AND  FUND  FOR  REOPENED  CASES
unfunded liability; that the reduction of such liability and the closing
of  the  fund  to  new claims will over the long term reduce assessments
paid to the [fund] FUNDS by insurance carriers,  self-insurers  and  the
state  insurance  fund, as well as the employers to whom these costs are
passed on; that in the absence of this section the annual cost of [such]
assessments TO EMPLOYERS is expected to rise;  that  the  settlement  of
claims  and  other actions undertaken by the waiver agreement management

S. 6405                            53                            A. 9005

office will lower the administrative costs of insurance carriers,  self-
insurers  and the state insurance fund; [that revenue obligations issued
by the authority and secured by a special  assessment  annually  levied,
imposed  and collected on and from insurance carriers, self-insurers and
the state insurance fund for the governmental purpose of funding  waiver
agreements]  THAT  UNFUNDED  SPECIAL  DISABILITY  FUND  LIABILITIES  AND
UNFUNDED CLAIMS PAYABLE FROM THE FUND FOR REOPENED  CASES  WILL,  ABSENT
PROVISION  FOR  LONG-TERM  FINANCING,  RESULT  IN IMPOSITION OF COSTS ON
EMPLOYERS THROUGH ASSESSMENTS; THAT SUCH  UNFUNDED  LIABILITIES,  CLAIMS
AND   ASSESSMENTS   MAY   HAVE  DETRIMENTAL  IMPACT  ON  BUSINESSES  AND
NOT-FOR-PROFIT CORPORATIONS IN NEW YORK STATE AND ON  THE  PROVISION  OF
SERVICES  TO NEW YORK RESIDENTS; THAT WITHOUT FINANCING THE BOARD MAY BE
REQUIRED TO IMPOSE HIGHER ASSESSMENTS TO PAY SUCH  UNFUNDED  LIABILITIES
AND CLAIMS; THAT FINANCING WILL ALLOW THE WORKERS' COMPENSATION BOARD TO
FUND  WAIVER  AGREEMENTS AND CONTRACT AWARDS AND TO PURCHASE ONE OR MORE
ASSUMPTION OF WORKERS' COMPENSATION LIABILITY  INSURANCE  POLICIES  THAT
WILL  LIMIT  THE  LONG  TERM  LOSSES FROM THESE UNFUNDED LIABILITIES AND
CLAIMS; THAT BONDS ISSUED BY THE AUTHORITY AND  SECURED  BY  ASSESSMENTS
LEVIED,  FOR  THE GOVERNMENTAL PURPOSE OF FUNDING WAIVER AGREEMENTS WITH
RESPECT TO THE SPECIAL DISABILITY  FUND  AND  FUNDING  CONTRACT  AWARDS,
ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY INSURANCE POLICIES AND
ANTICIPATED LIABILITIES WITH RESPECT TO THE SPECIAL DISABILITY FUND  AND
THE  FUND  FOR  REOPENED CASES amortized over a substantial period would
allow the state to settle and otherwise manage [claims] SPECIAL DISABIL-
ITY FUND AND FUND FOR REOPENED CASES AND TO  REDUCE  SPECIAL  DISABILITY
FUND  AND  FUND  FOR  REOPENED  CASES as a means for reducing the fund's
liabilities and the assessments needed to pay them,  thereby  furthering
the policy of the state to reduce the costs of workers' compensation and
to  improve the business climate in the state while compensating injured
workers and honoring the obligations of the special disability fund  AND
FUND  FOR REOPENED CASES; that all costs of the authority in relation to
this section shall be paid from assessments set forth in  paragraph  (h)
of  subdivision  eight  of  section  fifteen  AND IN SECTION ONE HUNDRED
FIFTY-ONE of the workers' compensation law;  and  that,  therefore,  the
provisions  of  this section are for the public benefit and good and the
authorization as provided in this section of  the  issuance  of  revenue
obligations  of the authority is declared to be for a public purpose and
the exercise of an essential governmental function.
  4. (a) The authority, the commissioner of taxation and finance and the
chair, [in] AFTER consultation with THE DIRECTOR OF THE BUDGET  AND  the
special  disability  fund  advisory  committee shall execute a financing
agreement prior to the issuance  of  any  bonds.  Such  agreement  shall
contain  such  terms  and  conditions  as are necessary to carry out and
effectuate the  purposes  of  this  section,  including  covenants  with
respect to the assessment and enforcement of the assessments, the appli-
cation  and  use  of  the  proceeds of the sale of bonds to preserve the
tax-exemption on the bonds, the interest on  which  is  intended  to  be
exempt  from  taxation.  The  state  shall not be authorized to make any
covenant, pledge, promise or agreement purporting to bind the state with
respect to pledged revenues, except as otherwise specifically authorized
by this section.
  (b) The net proceeds of the bonds shall  be  deposited  in  accordance
with  the  APPLICABLE  financing  agreement and this section. [The] EACH
SPECIAL DISABILITY FUND financing agreement shall provide for the appli-
cation of the net bond proceeds, and such bond proceeds shall  be  used,
for  any  of  the  following  CORPORATE  purposes: (i) funding of waiver

S. 6405                            54                            A. 9005

agreements, (ii) payment of financing costs, (iii)  funding  anticipated
liabilities of the special disability fund, (iv) funding contract awards
pursuant  to  [subparagraph two of] paragraph [(h)] (I) of section thir-
ty-two  of  the  workers'  compensation  law  [and (v)], (V) FUNDING THE
PURCHASE OF ONE OR MORE ASSUMPTION OF  WORKERS'  COMPENSATION  LIABILITY
INSURANCE  POLICIES TO DISCHARGE THE LIABILITIES INCURRED UNDER SUBPARA-
GRAPH ONE OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF  SECTION  FIFTEEN  OF
THE  WORKERS'  COMPENSATION  LAW AND (VI) SUCH OTHER PURPOSES AS ARE SET
FORTH IN THE FINANCING AGREEMENT. EACH FUND FOR REOPENED CASES FINANCING
AGREEMENT SHALL PROVIDE FOR THE APPLICATION OF THE  NET  BOND  PROCEEDS,
AND SUCH BOND PROCEEDS SHALL BE USED, FOR ANY OF THE FOLLOWING CORPORATE
PURPOSES:  (I)  PAYMENT  OF  FINANCING  COSTS,  (II) FUNDING ANTICIPATED
LIABILITIES OF THE FUND  FOR  REOPENED  CASES,  (III)  FUNDING  CONTRACT
AWARDS  PURSUANT  TO  SUBDIVISION  THREE OF SECTION TWENTY-FIVE-A OF THE
WORKERS' COMPENSATION LAW, (IV) FUNDING THE  PURCHASE  OF  ONE  OR  MORE
ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY  INSURANCE POLICIES TO
DISCHARGE THE LIABILITIES INCURRED OR TO BE INCURRED  UNDER  SUBDIVISION
THREE  OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW AND (V)
such other purposes as are set forth in  the  financing  agreement.  Not
inconsistent  with  this section, the authority may provide restrictions
on the use and investment of net proceeds of the bonds and other amounts
in [the] ANY financing agreement or otherwise in a tax regulatory agree-
ment as necessary or desirable to assure that they are exempt from taxa-
tion.
  S 28. Paragraphs (a), (c), and (g) of subdivision 5 of section  1680-l
of  the  public  authorities  law,  as added by chapter 6 of the laws of
2007, subparagraph (i) of paragraph (a)  of  subdivision  5  as  further
amended  by section 104 of part A of chapter 62 of the laws of 2011, are
amended to read as follows:
  (a) (i) The authority shall have power and  is  hereby  authorized  to
issue  its  bonds at such times and in an aggregate principal amount not
to exceed an amount to be determined by the superintendent of  financial
services  as  necessary  to  address  all  or  a portion of the incurred
unfunded liabilities of the special disability  fund,  but  in  no  case
exceeding  twenty-five  percent of the unfunded liability of the special
disability fund as of a date no later  than  July  first,  two  thousand
seven,  as  certified  to  the authority by a qualified third party. The
bonds shall be issued for the [following] corporate purposes[: (A) fund-
ing of waiver agreements, (B) payment of financing  costs,  (C)  funding
anticipated  liabilities  of  the  special  disability fund, (D) funding
contract awards pursuant to paragraph two of subdivision (h) of  section
thirty-two  of the workers' compensation law and (E) such other purposes
as are set forth in the financing agreement] IDENTIFIED  IN  SUBDIVISION
FOUR-B  OF  THIS  SECTION AND IN THE APPLICABLE FINANCIAL AGREEMENT. The
foregoing limitation on outstanding aggregate principal shall not  apply
to prevent the issuance of bonds to refund bonds.
  (ii) Each issuance of bonds shall be authorized by a resolution of the
authority,  provided,  however, that any such resolution authorizing the
issuance of bonds may delegate to an officer of the authority the  power
to issue such bonds from time to time and to fix the details of any such
issues  of  bonds by an appropriate certificate of such authorized offi-
cer. Every issue of the bonds of the authority [for the special disabil-
ity fund] PURSUANT TO THIS SECTION shall be special revenue  obligations
payable  from  and  secured  by  a  pledge of revenues and other assets,
including those proceeds of such bonds deposited in a reserve  fund  for
the  benefit of bondholders, earnings on funds of the authority and such

S. 6405                            55                            A. 9005

other funds and assets as may become  available,  upon  such  terms  and
conditions  as  specified by the authority in the resolution under which
the bonds are issued or in a related trust indenture.
  (iii) The authority shall have the power and is hereby authorized from
time  to  time to issue bonds, [in] AFTER consultation with the DIRECTOR
OF BUDGET AND special disability fund advisory committee to  refund  any
bonds  issued  under  this section by the issuance of new bonds, whether
the bonds to be refunded have or have not matured, and  to  issue  bonds
partly  to refund bonds then outstanding and partly for any of its other
corporate purposes under this section.    The  refunding  bonds  may  be
exchanged  for the bonds to be refunded or sold and the proceeds applied
to the purchase, redemption or payment of such bonds.
  (c) The authority may sell such bonds in  such  manner,  either  at  a
public  or private sale and either on a competitive or negotiated basis,
provided no such bonds may be sold by  the  authority  at  private  sale
unless  such sale and the terms thereof have been approved in writing by
the comptroller of the state of New York. The  proceeds  of  such  bonds
shall  be  disbursed  for  the purposes for which such bonds were issued
under such restrictions as the financing agreement  and  the  resolution
authorizing  the  issuance  of such bonds or the related trust indenture
may provide. Such bonds shall be issued upon approval of  the  authority
and  without  any other approvals, filings, proceedings or the happening
of any other conditions or things other than  the  approvals,  findings,
proceedings,  conditions,  and things that are specified and required by
this section[. Provided]; PROVIDED, however, that any issuance of  bonds
under  the  authority  of this section shall be considered a project for
the purposes of section  fifty-one  of  this  chapter,  and  subject  to
approval under such section.
  (g) The authority may enter into, amend or terminate, as it determines
to  be  necessary or appropriate, any ancillary bond facility [in] AFTER
consultation with the DIRECTOR OF BUDGET  AND  special  disability  fund
advisory  committee  (i)  to  facilitate  the  issuance,  sale,  resale,
purchase, repurchase or payment  of  bonds,  interest  rate  savings  or
market  diversification  or  the  making or performance of interest rate
exchange or similar agreements, including without limitation bond insur-
ance, letters of credit and liquidity facilities,  (ii)  to  attempt  to
manage  or  hedge risk or achieve a desirable effective interest rate or
cash flow, or (iii) to place  the  obligations  or  investments  of  the
authority,  as  represented  by  the bonds or the investment of reserved
bond proceeds or other pledged revenues or other assets, in whole or  in
part, on the interest rate, cash flow or other basis decided [in], AFTER
consultation  with  the  DIRECTOR  OF BUDGET AND special disability fund
advisory  committee,  which  facility  may  include  without  limitation
contracts  commonly  known  as  interest rate exchange or similar agree-
ments, forward purchase contracts or guaranteed investment contracts and
futures or contracts providing for  payments  based  on  levels  of,  or
changes  in,  interest  rates.  These  contracts  or arrangements may be
entered into by the authority in  connection  with,  or  incidental  to,
entering  into,  or maintaining any (i) agreement which secures bonds of
the authority or (ii) investment, or contract providing  for  investment
of  reserves  or  similar facility guaranteeing an investment rate for a
period of years not to exceed the underlying  term  of  the  bonds.  The
determination  by  the  authority that an ancillary bond facility or the
amendment or termination thereof is necessary or appropriate  as  afore-
said  shall  be conclusive. Any ancillary bond facility may contain such
payment, security,  default,  remedy,  and  termination  provisions  and

S. 6405                            56                            A. 9005

payments  and other terms and conditions as determined by the authority,
after giving due consideration to the creditworthiness of  the  counter-
party  or  other obligated party, including any rating by any nationally
recognized rating agency, and any other criteria as may be appropriate.
  S  29.  Subdivision 8 of section 1680-l of the public authorities law,
as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
follows:
  8.  All monies of the authority from whatever source derived, THAT ARE
PLEDGED PURSUANT TO THIS SECTION, shall be paid to the treasurer of  the
authority and shall be deposited forthwith in a bank or banks designated
by the authority. The monies in such accounts shall be paid out or with-
drawn  on  the  order  of  such  person  or persons as the authority may
authorize to make such requisitions. All deposits of such  monies  shall
either be secured by obligations of the United States or of the state or
of  any  municipality of a market value equal at all times to the amount
on deposit, or monies of the authority may be deposited in money  market
funds rated in the highest short-term or long-term rating category by at
least  one  nationally recognized rating agency. To the extent practica-
ble, and consistent with the requirements of  the  authority,  all  such
monies  shall  be  deposited in interest bearing accounts. The authority
shall have power, notwithstanding the provisions  of  this  section,  to
contract  with  the  holders of any bonds as to the custody, collection,
security, investment and payment of any monies of the authority  or  any
monies held in trust or otherwise for the payment of bonds or any way to
secure  bonds, and carry out any such contract notwithstanding that such
contract may be inconsistent with the provisions of this section. Monies
held in trust or otherwise for the payment of bonds or  in  any  way  to
secure  bonds  and  deposits  of  such moneys may be secured in the same
manner as monies of the authority and all banks and trust companies  are
authorized  to  give such security for such deposits. Any SUCH monies of
the authority not required for immediate use or disbursement may, at the
discretion of the authority, be invested in accordance with law and such
guidelines as are approved by the authority.
  S 30. Paragraph (a) of subdivision 10 of section 1680-l of the  public
authorities  law,  as added by chapter 6 of the laws of 2007, is amended
to read as follows:
  (a) The state, solely with respect to the  resources  of  the  special
disability fund AND OF THE FUND FOR REOPENED CASES, AS APPLICABLE and as
set  forth  in  [the  special disability fund] EACH APPLICABLE financing
agreement, covenants with the purchasers and all subsequent  owners  and
transferees of bonds issued by the authority pursuant to this section in
consideration  of  the acceptance of the payment of the bonds, until the
bonds, together with the interest thereon, with interest on  any  unpaid
installment  of  interest  and all costs and expenses in connection with
any action or proceeding on behalf of the  owners,  are  fully  met  and
discharged  or unless expressly permitted or otherwise authorized by the
terms of each [special disability fund] APPLICABLE  financing  agreement
and  any  contract made or entered into by the authority with or for the
benefit of such owners, (i) that in the event bonds of the authority are
sold as federally tax-exempt bonds, the state shall not take any  action
or fail to take action that would result in the loss of such federal tax
exemption  on  said  bonds,  (ii) that the state will cause the workers'
compensation board to impose, charge, raise, levy, collect and apply the
pledged assessments  and  other  revenues,  receipts,  funds  or  moneys
pledged  for  the  payment  of debt service requirements in each year in
which bonds are outstanding, and (iii) further, that the state (A)  will

S. 6405                            57                            A. 9005

not materially limit or alter the duties imposed on the workers' compen-
sation  board,  the  authority  and  other officers of the state by [the
special disability fund] EACH APPLICABLE  financing  agreement  and  the
bond  proceedings  authorizing  the  issuance  of  bonds with respect to
application of pledged assessments or other revenues, receipts, funds or
moneys pledged for the payment of debt service  requirements,  (B)  will
not  issue  any  bonds,  notes or other evidences of indebtedness, other
than the bonds AUTHORIZED BY THIS SECTION, having any rights arising out
of paragraph (h) of subdivision eight of section fifteen of the workers'
compensation law, SUBDIVISION THREE  OF  SECTION  TWENTY-FIVE-A  OF  THE
WORKERS' COMPENSATION LAW, SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS'
COMPENSATION  LAW  or  this section or secured by any pledge of or other
lien or charge on the pledged  revenues  or  other  receipts,  funds  or
moneys  pledged for the payment of debt service requirements; EXCEPT FOR
BONDS AUTHORIZED UNDER SECTION FIFTY-C OF THE WORKERS' COMPENSATION LAW,
(C) will not create or cause to be created any lien  or  charge  on  the
pledged  revenues,  other than a lien or pledge created thereon pursuant
to said sections, (D) will carry out and perform, or cause to be carried
out and performed,  each  and  every  promise,  covenant,  agreement  or
contract  made  or  entered  into  by [the special disability fund] EACH
APPLICABLE financing agreement, by the authority or on its  behalf  with
the bond owners of any bonds, (E) will not in any way impair the rights,
exemptions or remedies of the bond owners, and (F) will not limit, modi-
fy,  rescind, repeal or otherwise alter the rights or obligations of the
appropriate officers of the state to impose, maintain, charge or collect
the assessments and other revenues or receipts constituting the  pledged
revenues  as  may be necessary to produce sufficient revenues to fulfill
the terms of the proceedings authorizing  the  issuance  of  the  bonds,
including  pledged revenue coverage requirements, provided, however, (i)
the remedies available to the authority  and  the  bondholders  for  any
breach  of  the  pledges  and  agreements of the state set forth in this
subclause shall be limited to injunctive relief, (ii)  nothing  in  this
subdivision  shall  prevent  the  authority  from  issuing  evidences of
indebtedness (A) which are secured by a pledge or  lien  which  is,  and
shall  on  the  face thereof, be expressly subordinate and junior in all
respects to every lien  and  pledge  created  by  or  pursuant  to  said
sections,  or  (B) which are secured by a pledge of or lien on moneys or
funds derived on or after the date every pledge or lien thereon  created
by  or  pursuant to said sections shall be discharged and satisfied, and
(iii) nothing in this subdivision shall preclude the state from exercis-
ing its power, through a change  in  law,  to  limit,  modify,  rescind,
repeal  or  otherwise  alter the character of the pledged assessments or
revenues or to substitute like  or  different  sources  of  assessments,
taxes,  fees,  charges or other receipts as pledged revenues if and when
adequate provision shall be made by law for the protection of the  hold-
ers  of  outstanding  bonds  pursuant to the proceedings under which the
bonds are issued, including changing or altering the  method  of  estab-
lishing the special assessments.
  The  authority is authorized to include this covenant of the state, as
a contract of the state, in any agreement with the owner  of  any  bonds
issued pursuant to this section and in any credit facility or reimburse-
ment agreement with respect to such bonds. Notwithstanding these pledges
and  agreements  by  the  state,  the attorney general may in his or her
discretion enforce any and all provisions related to the  special  disa-
bility fund, without limitation.

S. 6405                            58                            A. 9005

  S  31.  Paragraph (t) of subdivision 1 of section 1680-q of the public
authorities law, as added by section 35 of part GG of chapter 57 of  the
laws of 2013, is amended to read as follows:
  (t)  "Self-insured  bond financing agreement" or "financing agreement"
means an agreement authorized and created pursuant to  subdivision  four
of this section and section fifty-c of the workers' compensation law, as
[same by its terms and bond proceedings,] SUCH AGREEMENT may be amended.
  S  32.  Subdivision 1 of section 1680-q of the public authorities law,
as added by section 35 of part GG of chapter 57 of the laws of 2013,  is
amended by adding a new paragraph (u) to read as follows:
  (U)  "WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" OR "ASSUMPTION
OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY"  MEANS  ANY  POLICY
EXECUTED BY THE CHAIR PURSUANT TO SUBPARAGRAPH (A) OF PARAGRAPH SEVEN OF
SUBDIVISION  THREE-A  OF  SECTION FIFTY OF THE WORKERS' COMPENSATION LAW
PROVIDING FOR THE ASSUMPTION OF ALL OR PART OF SUCH FURTHER  AND  FUTURE
CONTINGENT WORKERS' COMPENSATION LIABILITY AS MAY ARISE FROM PRIOR INJU-
RIES  TO  WORKERS. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE SUPER-
INTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE  INSURANCE  FUND
OR  ANY  INSURANCE  COMPANY LICENSED TO ISSUE THIS CLASS OF INSURANCE IN
THIS STATE. IN THE EVENT THAT SUCH POLICY  IS  ISSUED  BY  AN  INSURANCE
COMPANY  OTHER  THAN THE STATE INSURANCE FUND, THEN SUCH POLICY SHALL BE
DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION  (A)  OF
SECTION  ONE  THOUSAND  ONE  HUNDRED  THIRTEEN  OF THE INSURANCE LAW AND
COVERED BY THE  WORKERS'  COMPENSATION  SECURITY  FUND  AS  CREATED  AND
GOVERNED BY ARTICLE SIX-A OF THE WORKERS' COMPENSATION LAW. SUCH A POLI-
CY  SHALL  ONLY  BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAYMENT THAT IS
PAYABLE IN ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE  CHAIR  AND
THE  SUPERINTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY SHALL
BE NONCANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE  CONTINUANCE
OF THE LIABILITY SECURED AND SO COVERED.
  S  33.  Subdivision 2 of section 1680-q of the public authorities law,
as added by section 35 of part GG of chapter 57 of the laws of 2013,  is
REPEALED and a new subdivision 2 is added to read as follows:
  2. THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS TO REDUCE ASSESS-
MENTS IMPOSED ON SELF-INSURED EMPLOYERS UNDER SECTION FIFTY OF THE WORK-
ERS'  COMPENSATION  LAW AS A RESULT OF THE UNFUNDED CLAIMS OF INDIVIDUAL
AND GROUP SELF-INSURERS. THE AUTHORITY MAY ENTER INTO ONE OR MORE  SELF-
INSURED  BOND  FINANCING  AGREEMENTS DESCRIBED IN SECTION FIFTY-C OF THE
WORKERS' COMPENSATION LAW. ALL OF THE PROVISIONS OF THE PUBLIC  AUTHORI-
TIES  LAW  RELATING  TO BONDS AND NOTES OF THE DORMITORY AUTHORITY WHICH
ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY  TO
OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUDING BUT NOT LIMITED TO THE
POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR AND TO ISSUE RENEWAL NOTES
OR REFUNDING BONDS THEREOF.
  S  34. Subparagraph (iii) of paragraph (a) of subdivision 5 of section
1680-q of the public authorities law, as added by section 35 of part  GG
of chapter 57 of the laws of 2013, is amended to read as follows:
  (iii) The authority shall have the power and is hereby authorized from
time to time to issue bonds, [in] AFTER consultation with the chair, the
commissioner  of taxation and finance and the director of the budget, to
refund any bonds issued under this section by the issuance of new bonds,
whether the bonds to be refunded have or have not matured, and to  issue
bonds  partly to refund bonds then outstanding and partly for any of its
other corporate purposes under this section. The refunding bonds may  be
exchanged  for the bonds to be refunded or sold and the proceeds applied
to the purchase, redemption or payment of such bonds.

S. 6405                            59                            A. 9005

  S 35. Paragraph (g) of subdivision 5 of section 1680-q of  the  public
authorities  law, as added by section 35 of part GG of chapter 57 of the
laws of 2013, is amended to read as follows:
  (g) The authority may enter into, amend or terminate, as it determines
to  be  necessary or appropriate, any ancillary bond facility [in] AFTER
consultation with the chair and director of the budget (i) to facilitate
the issuance, sale, resale, purchase, repurchase or  payment  of  bonds,
interest  rate  savings  or  market  diversification  or  the  making or
performance of interest rate exchange or similar  agreements,  including
without  limitation  bond  insurance,  letters  of  credit and liquidity
facilities, (ii) to attempt to manage or hedge risk or achieve a desira-
ble effective interest rate or cash flow, or (iii) to  place  the  obli-
gations  or investments of the authority, as represented by the bonds or
the investment of reserved bond proceeds or other  pledged  revenues  or
other  assets,  in  whole or in part, on the interest rate, cash flow or
other basis decided [in] AFTER consultation with the chair and  director
of  the  budget, which facility may include without limitation contracts
commonly known as interest rate exchange or similar agreements,  forward
purchase  contracts  or  guaranteed  investment contracts and futures or
contracts providing for payments based on  levels  of,  or  changes  in,
interest  rates.  These contracts or arrangements may be entered into by
the authority in connection with, or incidental to,  entering  into,  or
maintaining  any  agreement  which  secures  bonds  of  the authority or
investment, or contract providing for investment of reserves or  similar
facility  guaranteeing  an  investment rate for a period of years not to
exceed the underlying term  of  the  bonds.  The  determination  by  the
authority  that  an  ancillary  bond facility or the amendment or termi-
nation thereof is necessary or appropriate as aforesaid shall be conclu-
sive. Any ancillary bond facility may contain  such  payment,  security,
default, remedy, and termination provisions and payments and other terms
and  conditions as determined by the authority, after giving due consid-
eration to the creditworthiness of the counterparty or  other  obligated
party,  including any rating by any nationally recognized rating agency,
and any other criteria as may be appropriate.
  S 36. Subdivision 8 of section 1680-q of the public  authorities  law,
as  added by section 35 of part GG of chapter 57 of the laws of 2013, is
amended to read as follows:
  8. All monies of the authority from whatever source derived, THAT  ARE
PLEDGED  PURSUANT TO THIS SECTION, shall be paid to the treasurer of the
authority and shall be deposited forthwith in a bank or banks designated
by the authority. The monies in such accounts shall be paid out or with-
drawn on the order of such  person  or  persons  as  the  authority  may
authorize  to  make such requisitions. All deposits of such monies shall
either be secured by obligations of the United States or of the state or
of any municipality of a market value equal at all times to  the  amount
on  deposit, or monies of the authority may be deposited in money market
funds rated in the highest short-term or long-term rating category by at
least one nationally recognized rating agency. To the  extent  practica-
ble,  and  consistent  with  the requirements of the authority, all such
monies shall be deposited in interest bearing  accounts.  The  authority
shall  have  power,  notwithstanding  the provisions of this section, to
contract with the holders of any bonds as to  the  custody,  collection,
security,  investment  and payment of any monies of the authority or any
monies held in trust or otherwise for the payment of bonds or any way to
secure bonds, and carry out any such contract notwithstanding that  such
contract may be inconsistent with the provisions of this section. Monies

S. 6405                            60                            A. 9005

held  in  trust  or  otherwise for the payment of bonds or in any way to
secure bonds and deposits of such moneys may  be  secured  in  the  same
manner  as monies of the authority and all banks and trust companies are
authorized  to  give such security for such deposits. Any SUCH monies of
the authority not required for immediate use or disbursement may, at the
discretion of the authority, be invested in accordance with law and such
guidelines as are approved by the authority.
  S 37. Clause (B) of subparagraph (iii) of paragraph (a) of subdivision
10 of section 1680-q of the public authorities law, as added by  section
35  of  part GG of chapter 57 of the laws of 2013, is amended to read as
follows:
  (B) will not issue any bonds, notes  or  other  evidences  of  indebt-
edness,  other  than  the  bonds  authorized by this section, having any
rights arising out of subparagraph two of  paragraph  c  of  subdivision
five  of  section  fifty  of  the workers' compensation law, SECTION ONE
HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW, or this  section  or
secured by any pledge of or other lien or charge on the revenues pledged
for  the  payment of debt service requirements; except for bonds author-
ized under subdivision eight of section fifteen of the workers'  compen-
sation  law,  OR UNDER SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE
WORKERS' COMPENSATION LAW.
  S 38. The opening paragraph of section 3443 of the insurance  law,  as
added by chapter 924 of the laws of 1990, is amended to read as follows:
  An  insurer  issuing  a workers' compensation and employers' liability
insurance policy, [and a group self-insurer for  municipal  corporations
as  defined  in  subdivision  three-a  of  section fifty of the workers'
compensation law,] may offer, as part of the policy or  by  endorsement,
deductibles  optional to the policyholder for benefits payable under the
policy, subject to approval by the superintendent and subject to  under-
writing  by  the  insurer,  consistent  with  the following standards or
factors:
  S 39. This act shall take effect immediately; provided, however,  that
sections seventeen and eighteen of this act shall take effect January 1,
2017.

                                 PART H

  Section  1.  Section 200 of the workers' compensation law, as added by
chapter 600 of the laws of 1949, is amended to read as follows:
  S 200. Short title. This article shall be known and may  be  cited  as
the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW."
  S  2.  Subdivision 14 of section 201 of the workers' compensation law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438 of the laws of 1964, is amended and eleven new subdivisions 15,  16,
17, 18, 19, 20, 21, 22, 23, 24 and 25 are added to read as follows:
  14.  "A  day  of  disability"  means any day on which the employee was
prevented from performing work because of disability, INCLUDING ANY  DAY
WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
has not received his OR HER regular remuneration.
  15. "FAMILY LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK
TO  PARTICIPATE  IN  PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL
CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY  BY  A  SERIOUS
HEALTH  CONDITION  OF  THE FAMILY MEMBER; OR TO BOND WITH THE EMPLOYEE'S
CHILD DURING THE FIRST TWELVE MONTHS AFTER THE  CHILD'S  BIRTH,  OR  THE
FIRST  TWELVE  MONTHS  AFTER  THE PLACEMENT OF THE CHILD FOR ADOPTION OR
FOSTER CARE WITH THE EMPLOYEE; OR BECAUSE OF ANY QUALIFYING EXIGENCY  AS

S. 6405                            61                            A. 9005

INTERPRETED  UNDER  THE  FAMILY  AND  MEDICAL  LEAVE  ACT,  29 U.S.C.S S
2612(A)(1)(E) AND 29 C.F.R.   S.825.126(A)(1)-(8), ARISING  OUT  OF  THE
FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE
IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO
ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES.
  16.  "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER, A
STEPSON OR STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF  A  DOMESTIC
PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS.
  17.  "DOMESTIC  PARTNER"  HAS THE SAME MEANING AS SET FORTH IN SECTION
FOUR OF THIS CHAPTER.
  18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS,  INJURY,  IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI-
TAL,  HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, OR CONTINUING TREAT-
MENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER  AND  REQUIRING
ASSISTANCE TO PERFORM THE ACTIVITIES OF DAILY LIVING.
  19.  "PARENT"  MEANS  A  BIOLOGICAL,  FOSTER,  OR  ADOPTIVE  PARENT, A
PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD
IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD.
  20. "FAMILY MEMBER" MEANS A CHILD,  PARENT,  GRANDPARENT,  GRANDCHILD,
SIBLING, SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION.
  21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD.
  22.  "HEALTH CARE PROVIDER" SHALL MEAN A PERSON LICENSED UNDER ARTICLE
ONE  HUNDRED  THIRTY-ONE,  ONE   HUNDRED   THIRTY-ONE-B,   ONE   HUNDRED
THIRTY-TWO,  ONE  HUNDRED  THIRTY-THREE,  ONE  HUNDRED  THIRTY-SIX,  ONE
HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE
HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE
HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE OF THE EDUCATION  LAW  OR  A
PERSON LICENSED UNDER THE PUBLIC HEALTH LAW.
  23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT.
  24.  "SIBLING"  MEANS  A  PERSON  RELATED  TO ANOTHER PERSON BY BLOOD,
ADOPTION, OR AFFINITY THROUGH A COMMON LEGAL OR BIOLOGICAL PARENT.
  25. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK:
  (A) TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG-
ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
  (B) TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST  TWELVE  MONTHS
AFTER  THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT
OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR
  (C) BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY
AND MEDICAL LEAVE ACT,  29  U.S.C.  S  2612(A)(1)(E)  AND  29  C.F.R.  S
825.126(A)(1)-(8),  ARISING  OUT  OF  THE FACT THAT THE SPOUSE, DOMESTIC
PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY OR HAS  BEEN
NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORC-
ES OF THE UNITED STATES.
  S 3. Section 203 of the workers' compensation law, as amended by chap-
ter 436 of the laws of 1986, is amended to read as follows:
  S  203. Employees eligible for benefits under section two hundred four
OF THIS ARTICLE.  Employees in employment of a covered employer for four
or more consecutive weeks and employees in employment  during  the  work
period usual to and available during such four or more consecutive weeks
in  any  trade  or  business in which they are regularly employed and in
which hiring from day to day of such employees is the  usual  employment
practice  shall  be eligible for disability AND FAMILY LEAVE benefits as
provided in section two hundred  four  OF  THIS  ARTICLE.    EVERY  SUCH
EMPLOYEE  SHALL  CONTINUE  TO BE ELIGIBLE FOR FAMILY LEAVE BENEFITS ONLY
DURING EMPLOYMENT WITH A COVERED EMPLOYER.  Every  such  employee  shall

S. 6405                            62                            A. 9005

continue  to  be eligible FOR DISABILITY BENEFITS during such employment
and for a period of four weeks after such employment terminates  regard-
less  of  whether  the  employee  performs  any work for remuneration or
profit  in  non-covered  employment. If during such four week period the
employee performs any  work  for  remuneration  or  profit  for  another
covered employer the employee shall become eligible for DISABILITY bene-
fits immediately with respect to that employment. In addition every such
employee  who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN
EMPLOYMENT WITH THE COVERED EMPLOYER AND returns to work with  the  same
employer  after an agreed and specified unpaid leave of absence or vaca-
tion without pay shall become eligible for DISABILITY AND  FAMILY  LEAVE
benefits  immediately  with  respect to such employment. An employee who
during a period in which he or she is eligible to receive benefits under
subdivision two of section two hundred seven OF THIS ARTICLE returns  to
employment  with  a  covered  employer  and an employee who is currently
receiving unemployment insurance benefits or benefits under section  two
hundred  seven  OF  THIS  ARTICLE  and  who returns to employment with a
covered employer shall become eligible  for  DISABILITY  benefits  imme-
diately  with  respect to such employment.  An employee regularly in the
employment of a single employer on a work schedule less than the employ-
er's normal work week shall become eligible for  DISABILITY  AND  FAMILY
LEAVE  benefits  on  the twenty-fifth day of such regular employment. An
employee who [becomes disabled while] IS  eligible  for  DISABILITY  AND
FAMILY  LEAVE benefits in the employment of a covered employer shall not
be deemed, for the purposes of this article,  to  have  such  employment
terminated  during  any period he or she is eligible to receive benefits
under section two hundred four OF THIS  ARTICLE  with  respect  to  such
employment.
  S  4.  The  workers'  compensation  law  is  amended by adding two new
sections 203-a and 203-b to read as follows:
  S 203-A. RETALIATORY  ACTION  PROHIBITED  FOR  FAMILY  LEAVE.  1.  THE
PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO
HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE.
  2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT.
  S  203-B.  REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY ELIGIBLE EMPLOYEE
OF A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS SECTION SHALL BE  ENTI-
TLED,  ON  RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE
POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR
TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE-
FITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT.  THE  TAKING  OF
FAMILY  LEAVE  SHALL  NOT  RESULT  IN THE LOSS OF ANY EMPLOYMENT BENEFIT
ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED.  NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO  ENTITLE  ANY  RESTORED  EMPLOYEE  TO  THE
ACCRUAL  OF  ANY  SENIORITY  OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF
LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO  WHICH  THE  EMPLOYEE  WOULD
HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE.
  S 5. Section 204 of the workers' compensation law, as added by chapter
600  of  the laws of 1949, subdivision 2 as amended by chapter 38 of the
laws of 1989, is amended to read as follows:
  S 204. Disability AND FAMILY LEAVE during  employment.  1.  Disability
benefits  shall  be  payable  to  an  eligible employee for disabilities
[commencing after June thirtieth,  nineteen  hundred  fifty],  beginning
with  the  eighth  [consecutive] day of disability and thereafter during
the continuance of disability, subject to the limitations as to  maximum

S. 6405                            63                            A. 9005

and minimum amounts and duration and other conditions and limitations in
this  section  and  in  sections two hundred five and two hundred six OF
THIS ARTICLE.  FAMILY LEAVE BENEFITS SHALL BE  PAYABLE  TO  AN  ELIGIBLE
EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE-
AFTER  DURING  THE  CONTINUANCE OF THE NEED FOR FAMILY LEAVE, SUBJECT TO
THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER
CONDITIONS AND LIMITATIONS IN THIS SECTION AND IN SECTIONS  TWO  HUNDRED
FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil-
ity  caused  by the same or related injury or sickness shall be deemed a
single period of disability OR FAMILY LEAVE only if  separated  by  less
than three months.
  2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER
JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL BE THIRTY-FIVE PERCENT OF THE
EMPLOYEE'S  AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED THIRTY-FIVE PERCENT
OF THE STATE AVERAGE WEEKLY WAGE, (II) ON OR AFTER  JANUARY  FIRST,  TWO
THOUSAND NINETEEN SHALL BE FORTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEK-
LY  WAGE  BUT SHALL NOT EXCEED FORTY PERCENT OF THE STATE AVERAGE WEEKLY
WAGE, (III) ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  TWENTY  SHALL  BE
FORTY-FIVE  PERCENT  OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT
EXCEED FORTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY WAGE, AND (IV)  ON
OR  AFTER  JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL BE FIFTY PERCENT
OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT
OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT.   THE WEEKLY  BENE-
FITS  FOR  FAMILY LEAVE THAT OCCURS ON OR AFTER JANUARY FIRST, TWO THOU-
SAND EIGHTEEN SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK EXCEPT
THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF INJURY  ARE  LESS  THAN  ONE
HUNDRED  DOLLARS  PER  WEEK,  THE EMPLOYEE SHALL RECEIVE HIS OR HER FULL
WAGES.
  (B) The weekly benefit which the  disabled  employee  is  entitled  to
receive  for  disability  commencing  on  or  after  May first, nineteen
hundred eighty-nine shall be one-half of the employee's weekly wage, but
in no case shall such benefit exceed one hundred seventy dollars; except
that if the employee's average weekly wage is less than twenty  dollars,
the  benefit shall be such average weekly wage. The weekly benefit which
the disabled employee is entitled to receive for  disability  commencing
on  or  after July first, nineteen hundred eighty-four shall be one-half
of the employee's weekly wage, but in no case shall such benefit  exceed
one  hundred  forty-five  dollars; except that if the employee's average
weekly wage is less than twenty dollars, the benefit shall be such aver-
age weekly wage. The weekly benefit which the disabled employee is enti-
tled to receive for disability commencing on or after July first,  nine-
teen  hundred  eighty-three  and  prior  to July first, nineteen hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
be less than twenty dollars; except that if the employee's average week-
ly wage is less than twenty dollars the benefit shall  be  such  average
weekly  wage. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after  July  first,  nineteen
hundred  seventy-four, and prior to July first, nineteen hundred eighty-
three, shall be one-half of the employee's average weekly wage,  but  in
no  case  shall such benefit exceed ninety-five dollars nor be less than
twenty dollars; except that if the employee's  average  weekly  wage  is
less than twenty dollars, the benefit shall be such average weekly wage.
The  weekly  benefit  which the disabled employee is entitled to receive
for disability commencing on  or  after  July  first,  nineteen  hundred
seventy  and prior to July first, nineteen hundred seventy-four shall be

S. 6405                            64                            A. 9005

one-half of the employee's average weekly wage, but  in  no  case  shall
such  benefit  exceed  seventy-five  dollars  nor  be  less  than twenty
dollars; except that if the employee's average weekly wage is less  than
twenty  dollars  the benefit shall be such average weekly wage.  For any
period of disability less than a full week, the benefits  payable  shall
be  calculated  by  dividing  the  weekly  benefit  by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such  period  of  disability.  The  weekly
benefit  for  a disabled employee who is concurrently eligible for bene-
fits in the employment of more than one covered employer  shall,  within
the maximum and minimum herein provided, be one-half of the total of the
employee's  average  weekly wages received from all such covered employ-
ers, and shall be allocated in the proportion of their respective  aver-
age weekly wage payments.
  S 6. Section 205 of the workers' compensation law, as added by chapter
600  of the laws of 1949, subdivision 1 as amended by chapter 651 of the
laws of 1958, subdivision 2 as amended by chapter 270  of  the  laws  of
1990,  subdivision  5 as amended by chapter 288 of the laws of 1970, and
subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by  chapter  352  of  the
laws of 1981, is amended to read as follows:
  S  205.  Disabilities, FAMILY LEAVE and [disability] periods for which
benefits are not payable. 1. No employee shall be entitled to DISABILITY
benefits under this article:
  [1.] (A) For more than twenty-six weeks during a period  of  fifty-two
consecutive  calendar  weeks  or during any one period of disability, OR
FOR MORE THAN TWENTY-SIX WEEKS MINUS ANY DAYS  TAKEN  FOR  FAMILY  LEAVE
DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS;
  [2.]  (B) for any period of disability during which an employee is not
under the care of a duly licensed [physician or with respect to disabil-
ity resulting from a condition of the foot which may lawfully be treated
by a duly registered and licensed podiatrist of the state of New York or
with respect to a  disability  resulting  from  a  condition  which  may
lawfully  be  treated  by a duly registered and licensed chiropractor of
the state of New York or with respect to a disability resulting  from  a
condition  which  may  lawfully be treated by a duly licensed dentist of
the state of New York or with respect to a disability resulting  from  a
condition  which  may  lawfully  be  treated  by  a  duly registered and
licensed psychologist of the state of New York  or  with  respect  to  a
disability resulting from a condition which may lawfully be treated by a
duly  certified  nurse midwife, for any period of such disability during
which an employee is neither under the care of a physician nor a  podia-
trist,  nor  a  chiropractor,  nor  a dentist, nor a psychologist, nor a
certified nurse midwife] HEALTH CARE PROVIDER; and  for  any  period  of
disability  during  which an employee who adheres to the faith or teach-
ings of any church or denomination and who in accordance with its creed,
tenets or principles depends for healing upon prayer  through  spiritual
means  alone  in  the  practice  of religion, is not under the care of a
practitioner duly accredited by the church or denomination, and provided
such employee shall submit to all physical examinations as  required  by
this chapter.
  2.  NO  EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS
ARTICLE:
  (A) FOR MORE THAN TWELVE WEEKS DURING A PERIOD  OF  FIFTY-TWO  CONSEC-
UTIVE   CALENDAR  WEEKS,  OR  WHEN  AN  EMPLOYEE  HAS  ALREADY  RECEIVED
TWENTY-SIX WEEKS OF DISABILITY BENEFITS, OR FOR ANY PERIOD IN WHICH  THE
FAMILY  LEAVE  COMBINED  WITH  THE  DISABILITY  BENEFITS PREVIOUSLY PAID

S. 6405                            65                            A. 9005

EXCEEDS TWENTY-SIX WEEKS DURING THE SAME FIFTY-TWO CONSECUTIVE  CALENDAR
WEEKS;
  (B)  FOR  ANY  PERIOD  OF  FAMILY LEAVE WHEREIN THE NOTICE AND MEDICAL
CERTIFICATION AS PRESCRIBED BY THE CHAIR HAS  NOT  BEEN  FILED.  AT  THE
DISCRETION  OF  THE  CHAIR OR CHAIR'S DESIGNEE, THE FAMILY MEMBER WHO IS
THE RECIPIENT OF CARE MAY BE REQUIRED TO SUBMIT TO A  PHYSICAL  EXAMINA-
TION BY A QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID
FOR BY THE CARRIER.
  (C)  AS  A  CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT OF FAMILY LEAVE
BENEFITS DURING ANY TWELVE-MONTH PERIOD IN WHICH AN EMPLOYEE IS ELIGIBLE
FOR THESE BENEFITS, AN EMPLOYER MAY REQUIRE AN EMPLOYEE WHO HAS  ACCRUED
BUT  UNUSED VACATION TIME OR PERSONAL LEAVE AVAILABLE AT THE TIME OF USE
OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER TO CHARGE  TIME  TO  ACCRUED
BUT  UNUSED  VACATION  OR PERSONAL LEAVE, AND RECEIVE FULL SALARY, OR TO
NOT CHARGE TIME TO ACCRUED BUT UNUSED VACATION OR  PERSONAL  LEAVE,  AND
RECEIVE  THE  BENEFIT  AS  SET FORTH IN SECTION TWO HUNDRED FOUR OF THIS
ARTICLE. WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE SHALL  RECEIVE
THE  FULL PROTECTION OF THE REINSTATEMENT PROVISION SET FORTH IN SECTION
TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCURRENTLY  USE  AVAIL-
ABLE FAMILY MEDICAL LEAVE ACT AND PAID FAMILY LEAVE CREDITS. IN NO EVENT
CAN  AN  EMPLOYEE  UTILIZE  FAMILY LEAVE BEYOND THE TWELVE WEEKS PER ANY
FIFTY-TWO WEEK PERIOD SET FORTH IN THIS ARTICLE. THIS PARAGRAPH MAY  NOT
BE  CONSTRUED  IN  A  MANNER  THAT  RELIEVES  AN EMPLOYER OF ANY DUTY OF
COLLECTIVE BARGAINING THE EMPLOYER MAY HAVE WITH RESPECT TO THE  SUBJECT
MATTER OF THIS PARAGRAPH.
  3.  NO  EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY LEAVE BENE-
FITS UNDER THIS ARTICLE:
  (A) for any disability occasioned  by  the  wilful  intention  of  the
employee to bring about injury to or the sickness of himself or another,
or  resulting  from any injury or sickness sustained in the perpetration
by the employee of an illegal act;
  [4.] (B) for any day of disability OR FAMILY LEAVE  during  which  the
employee performed work for remuneration or profit;
  [5.]  (C)  for  any  day  of  disability OR FAMILY LEAVE for which the
employee is entitled to receive from his OR HER employer, or from a fund
to which the employer has contributed, remuneration or maintenance in an
amount equal to or greater than that to which he OR SHE would  be  enti-
tled  under this article; but any voluntary contribution or aid which an
employer may make to an employee or any supplementary benefit paid to an
employee pursuant to the provisions of a collective bargaining agreement
or from a trust fund to which contributions are  made  pursuant  to  the
provisions  of a collective bargaining agreement shall not be considered
as continued remuneration or maintenance for this purpose;
  [6.] (D) for any period in respect to which such employee  is  subject
to  suspension  or  disqualification of the accumulation of unemployment
insurance benefit rights, or would be subject if he OR SHE were eligible
for such benefit rights, except for  ineligibility  resulting  from  the
employee's disability;
  [7.]  (E)  for any disability due to any act of war, declared or unde-
clared[, if such act shall occur after June thirtieth, nineteen  hundred
fifty];
  [8.]  (F)  for  any  disability  OR FAMILY LEAVE commencing before the
employee becomes eligible to benefits [hereunder or commencing prior  to
July first, nineteen hundred fifty, but this shall not preclude benefits
for recurrence after July first, nineteen hundred fifty, of a disability
commencing prior thereto] UNDER THIS SECTION.

S. 6405                            66                            A. 9005

  4.  AN EMPLOYEE WHO HAS GIVEN BIRTH SHALL SELECT WHETHER SHE WILL SEEK
BENEFITS PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION. AN EMPLOYEE
MAY NOT SEEK BENEFITS CONCURRENTLY UNDER BOTH SUBDIVISIONS ONE  AND  TWO
OF THIS SECTION FOLLOWING CHILDBIRTH.
  S 7. Section 206 of the workers' compensation law, as amended by chap-
ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate-
ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2
as  amended  by  chapter  24  of the laws of 1988, is amended to read as
follows:
  S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be
payable under section two hundred four or  two  hundred  seven  OF  THIS
ARTICLE:
  (a)  in  a  weekly benefit amount which, together with any amount that
the employee receives or is entitled to receive for the same  period  or
any  part thereof as a permanent disability benefit or annuity under any
governmental system or program,  except  under  a  veteran's  disability
program,  or  under  any  permanent  disability  policy or program of an
employer for whom he OR SHE has performed  services,  would,  if  appor-
tioned to weekly periods, exceed his OR HER weekly benefit amount [here-
under]  UNDER  THIS  SECTION,  provided  however, that there shall be no
offset against the benefits set forth in this article if the  claim  for
disability  benefits  is  based on a disability other than the permanent
disability for which the aforesaid permanent disability benefit or annu-
ity was granted;
  (b) with respect to any week for which payments are received under the
unemployment insurance law or similar law of this state or of any  other
state or of the United States;
  (c)  subject to the provisions of subdivision two of this section, for
any period with respect to which benefits, compensation or other  allow-
ances  (other  than  [workmen's]  WORKERS'  compensation  benefits for a
permanent partial disability occurring prior to the disability for which
benefits are claimed hereunder) are paid or payable under this  chapter,
the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work-
men's]  WORKERS'  compensation  act, occupational disease act or similar
law, or under any employers' liability act or  similar  law;  under  any
other temporary disability or cash sickness benefits act or similar law;
under  section  six hundred eighty-eight, title forty-six, United States
code; under the federal employers' liability act; or under the  maritime
doctrine of maintenance, wages and cure.
  2.  If  an  employee  who  is  eligible  for DISABILITY benefits under
section two hundred three or two hundred seven OF THIS ARTICLE is  disa-
bled  and has claimed or subsequently claims workers' compensation bene-
fits under this chapter or benefits under  the  volunteer  firefighters'
benefit  law  or  the volunteer ambulance workers' benefit law, and such
claim is controverted on the ground that the employee's  disability  was
not  caused  by  an  accident that arose out of and in the course of his
employment or by an occupational disease, or by an  injury  in  line  of
duty  as  a  volunteer  firefighter  or  volunteer ambulance worker, the
employee shall be entitled in the first  instance  to  receive  benefits
under this article for his OR HER disability. If benefits have been paid
under this article in respect to a disability alleged to have arisen out
of  and  in the course of the employment or by reason of an occupational
disease, or in line of duty as a volunteer firefighter  or  a  volunteer
ambulance  worker,  the  employer or carrier or the chairman making such
payment may, at any time before award of workers' compensation benefits,
or volunteer firefighters'  benefits  or  volunteer  ambulance  workers'

S. 6405                            67                            A. 9005

benefits,  is made, file with the board a claim for reimbursement out of
the proceeds of such award to the employee  for  the  period  for  which
disability  benefits  were  paid to the employee under this article, and
shall  have  a lien against the award for reimbursement, notwithstanding
the provisions of section thirty-three of this chapter or section  twen-
ty-three  of  the volunteer firefighters' benefit law or section twenty-
three of the volunteer  ambulance  workers'  benefit  law  provided  the
insurance  carrier liable for payment of the award receives, before such
award is made, a copy of the claim for reimbursement from the  employer,
carrier  or  [chairman]  CHAIR who paid disability benefits, or provided
the board's decision and award directs such reimbursement therefrom.
  3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED
FOUR OF THIS ARTICLE:
  (A) DURING PERIODS WHEN THE EMPLOYEE  IS  RECEIVING  WORKERS'  COMPEN-
SATION  LOST  WAGE  BENEFITS, BENEFITS UNDER THE VOLUNTEER FIREFIGHTERS'
BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW OR UNDER ANY
STATE'S LAW;
  (B) TO AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON  ADMINISTRATIVE  LEAVE
FROM HIS OR HER EMPLOYMENT;
  (C)  TO  AN  EMPLOYEE  DURING PERIODS WHERE THE EMPLOYEE IS COLLECTING
SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND
  (D) FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY  FOR
RENUMERATION OR PROFIT.
  4.  UNLESS  OTHERWISE  EXPRESSLY  PERMITTED  BY THE EMPLOYER, BENEFITS
AVAILABLE UNDER 29 U.S. CODE CHAPTER 28 (THE FAMILY  AND  MEDICAL  LEAVE
ACT)  MUST  BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS. AN EMPLOYER
SHALL NOT BE REQUIRED TO PERMIT  TWELVE  ADDITIONAL  WEEKS  OF  BENEFITS
FOLLOWING EXHAUSTION OF THE TWELVE WEEKS OF PAID FAMILY LEAVE BENEFITS.
  5.  ONLY  ONE EMPLOYEE MAY USE FAMILY LEAVE FOR THE SAME FAMILY MEMBER
FOR THE SAME PERIOD OF LEAVE.
  S 8. Section 207 of the workers' compensation law is amended by adding
a new subdivision 5 to read as follows:
  5. THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  FAMILY
LEAVE  BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO EMPLOYEES
THAT ARE NOT EMPLOYED AT THE TIME FAMILY LEAVE IS  REQUESTED  BY  FILING
THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR.
  S 9. Section 208 of the workers' compensation law, as added by chapter
600  of the laws of 1949, subdivision 1 as amended by chapter 314 of the
laws of 2010, is amended to read as follows:
  S 208. Payment of disability AND FAMILY LEAVE benefits.   1.  Benefits
provided under this article shall be paid periodically and promptly and,
except  as  to a contested period of disability OR FAMILY LEAVE, without
any decision by the board, OR BOARD DESIGNEE OF THE CHAIR.    The  first
payment of benefits shall be due on the fourteenth day of disability and
benefits  for  that period shall be paid directly to the employee within
four business days thereafter or within four  business  days  after  the
filing  of  required  proof of claim, whichever is the later. Thereafter
benefits shall be due and payable bi-weekly in like manner. The  [chair-
man]  CHAIR  OR CHAIR'S DESIGNEE may determine that benefits may be paid
monthly or semi-monthly if wages were so paid, and may  authorize  devi-
ation  from  the  foregoing requirements to facilitate prompt payment of
benefits. Any inquiry which requires the employee's response in order to
continue benefits uninterrupted or unmodified shall provide a reasonable
time period in which to respond and include a clear and prominent state-
ment of the deadline for  responding  and  consequences  of  failing  to
respond.

S. 6405                            68                            A. 9005

  2.  The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may,
whenever such information is deemed necessary, require  any  carrier  to
file  in  form prescribed by the [chairman] CHAIR a report or reports as
to any claim or claims, including  (but  without  limitation)  dates  of
commencement  and termination of benefit payments and amount of benefits
paid under this article. The  [chairman]  CHAIR  AND  SUPERINTENDENT  OF
FINANCIAL  SERVICES  may also require annually information in respect to
the aggregate of benefits paid, the number of claims allowed and  disal-
lowed,  the average benefits and duration of benefit periods, the amount
of payrolls covered and such other information as the  [chairman]  CHAIR
may  deem  necessary  for the purposes of administering this article. If
the carrier is providing benefits in respect to more than one  employer,
the  [chairman]  CHAIR  AND  SUPERINTENDENT  OF  FINANCIAL  SERVICES may
require that such information be shown separately as to those  employers
who  are  providing only benefits that are substantially the same as the
benefits required in this article.   THE  CHAIR  AND  SUPERINTENDENT  OF
FINANCIAL  SERVICES  MAY  PRESCRIBE  THE  FORMAT  OF SUCH REPORT AND MAY
PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE.
  S 10. Section 209 of the workers' compensation law, as added by  chap-
ter  600 of the laws of 1949, subdivision 3 as amended by chapter 415 of
the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws
of 1952, is amended to read as follows:
  S 209. Contribution of employees for disability AND FAMILY LEAVE bene-
fits. 1.  Every employee in the employment of a covered employer shall[,
on and after January first, nineteen hundred fifty,] contribute  to  the
cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, FAMILY LEAVE benefits under this article, to the extent and in the
manner herein provided.
  2.  The special contribution of each such employee to the accumulation
of funds to  provide  benefits  for  disabled  unemployed  shall  be  as
provided  in  subdivision  one  of  section two hundred fourteen OF THIS
ARTICLE.
  3. (A) DISABILITY BENEFITS. The contribution of each such employee  to
the  cost  of disability benefits provided by this article shall be one-
half of one per centum of the employee's wages paid to him OR HER on and
after July first, nineteen hundred fifty, but not  in  excess  of  sixty
cents per week.
  (B)  FAMILY LEAVE BENEFITS. ON SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN
AND ANNUALLY THEREAFTER THE SUPERINTENDENT OF FINANCIAL  SERVICES  SHALL
SET  THE  MAXIMUM  EMPLOYEE  CONTRIBUTION, USING THE REPORTS PROVIDED IN
SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AND CONSISTENT WITH THE PRIN-
CIPLE THAT THE COSTS OF  FAMILY  LEAVE  SHOULD  BE  FUNDED  ONE  HUNDRED
PERCENT BY EMPLOYEE PAYROLL CONTRIBUTION.
  4. Notwithstanding any other provision of law, the employer is author-
ized  to collect from his OR HER employees, except as otherwise provided
in any plan or agreement under the provisions of  subdivisions  four  or
five  of  section  two  hundred eleven OF THIS ARTICLE, the contribution
provided under subdivisions two  and  three  OF  THIS  SECTION,  through
payroll  deductions.  If  the  employer shall not make deduction for any
payroll period he OR SHE may thereafter, but not later  than  one  month
after  payment  of  wages,  collect  such  contribution  through payroll
deduction.
  5. In collecting employee contributions  through  payroll  deductions,
the  employer  shall  act as the agent of his OR HER employees and shall
use the contributions only to provide disability AND FAMILY LEAVE  bene-
fits  as required by this article. IN NO EVENT MAY THE EMPLOYEE'S ANNUAL

S. 6405                            69                            A. 9005

CONTRIBUTION FOR FAMILY LEAVE EXCEED HIS OR HER PRO RATA  SHARE  OF  THE
ACTUAL  ANNUAL  PREMIUM CHARGED FOR THE SAME YEAR AND MUST BE DETERMINED
CONSISTENT WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL  COSTS
OF  FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY CONTRIB-
UTION FOR DISABILITY PREMIUM EXCEED ONE-HALF OF ONE PER  CENTUM  OF  THE
EMPLOYEE'S  WAGES  PAID  TO HIM OR HER, BUT NOT IN EXCESS OF SIXTY CENTS
PER WEEK. After June thirtieth, nineteen hundred fifty, if the  employer
is not providing, or to the extent that he OR SHE is not then providing,
for the payment of disability benefits to his OR HER employees by insur-
ing  with  the  state  fund or with another insurance carrier, he OR SHE
shall keep the contributions of his OR  HER  employees  as  trust  funds
separate  and apart from all other funds of the employer. The payment of
such contributions by the  employer  to  a  carrier  providing  for  the
payment  of such benefits shall discharge the employer from responsibil-
ity with respect to such contributions.
  S 11. Section 210 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 210. Employer contributions. 1. Every covered employer shall, on and
after  January  first,  nineteen  hundred  fifty, contribute the cost of
providing disability AND FAMILY LEAVE benefits in excess of the contrib-
utions collected from his OR HER employees, to the  extent  and  in  the
manner provided in this article.
  2.  The  special  contribution of each covered employer to the accumu-
lation of funds to provide benefits for disabled unemployed shall be  as
provided  in  subdivision  one  of  section two hundred fourteen OF THIS
ARTICLE.
  3. The contribution of every covered employer to the cost of providing
disability benefits after June thirtieth, nineteen  hundred  fifty,  AND
PROVIDING  DISABILITY AND FAMILY LEAVE BENEFITS AFTER JANUARY FIRST, TWO
THOUSAND EIGHTEEN, shall be the excess of such cost over the  amount  of
the contributions of his OR HER employees.
  4.  No  profit  shall  be  derived  by  any employer or association of
employers or of employees from providing payment of disability AND FAMI-
LY LEAVE benefits under this article. All  funds  representing  contrib-
utions  of  employers  and  employees,  and  increments thereon, held by
employers or associations of employers or  of  employees  authorized  or
permitted  to  pay benefits under the provisions of this article, and by
trustees paying benefits under plans or agreements meeting the  require-
ments  of  section  two  hundred  eleven OF THIS ARTICLE, shall be trust
funds and shall be expended only to provide for the payment of  benefits
to employees and for the costs of administering this article and for the
support  of  the  fund established under section two hundred fourteen OF
THIS ARTICLE.
  S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211
of the workers' compensation law, the  opening  paragraph  as  added  by
chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207
of  the laws of 1992, and subdivisions 4 and 5 as amended by chapter 197
of the laws of 1960, are amended, and a new subdivision 7  is  added  to
read as follows:
  A  covered  employer  shall, with his OR HER own contributions and the
contributions of his employees, provide  disability  AND  AFTER  JANUARY
FIRST,  TWO  THOUSAND  EIGHTEEN,  FAMILY  LEAVE  benefits  to his OR HER
employees in one or more of the following ways:
  3. by furnishing satisfactory proof to  the  chair  of  the  employers
financial  ability  to  pay such benefits, in which case the chair shall
require the deposit of such securities as the chair may  deem  necessary

S. 6405                            70                            A. 9005

[of  the  kind prescribed in subdivisions one, two, three, four and five
and paragraph a of subdivision seven of section two hundred  thirty-five
of  the  banking law or the deposit of cash or the filing of irrevocable
letters  of  credit issued by a qualified banking institution as defined
by rules promulgated by the chair or the filing of the bond of a  surety
company  authorized  to  do  business  in this state, conditioned on the
payment by the employer of its obligations under  this  article  and  in
form  approved  by the chair, or the posting and filing of a combination
of such securities, cash, irrevocable letters of credit and surety bonds
in an amount to be determined by the chair, to secure his or her liabil-
ity to pay the compensation provided in  this  chapter.  The  amount  of
deposit or of the penal sum of the bond shall be determined by the chair
and  shall  not be less than one-half the estimated contributions of the
employees of the employer for  the  ensuing  year  or  one-half  of  the
contributions of the employees which would have been paid by the employ-
ees  during  the  preceding  year,  whichever is the greater, or if such
amount is more than fifty thousand dollars an amount not less than fifty
thousand dollars.  The chair shall have authority to deny an application
to provide benefits pursuant to this subdivision or to  revoke  approval
at  any  time for good cause shown. In the case of an employer who main-
tains a deposit of securities, irrevocable letters of credit or cash  in
accordance  with subdivision three of section fifty of this chapter, the
chair may reduce the amount of the deposit or of the penal  sum  of  the
bond,  provided  the  securities,  irrevocable letters of credit or cash
deposited by or for such employer under  subdivision  three  of  section
fifty  of this chapter are, by agreement satisfactory to the chair, made
available for the payment of unpaid benefits  under  this  article  with
respect to obligations incurred for disabilities commencing prior to the
effective  date  of  such  revocation] CONSISTENT WITH THE PROVISIONS OF
SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER.   An association  of
employers  or employees authorized to pay benefits under this article or
the trustee or trustees  paying  benefits  under  a  plan  or  agreement
authorized  under  subdivisions  four and five of this section, may with
the approval of the chair furnish such proof and otherwise  comply  with
the  provisions  of  this section to provide disability AND FAMILY LEAVE
benefits to employees under such plan or agreement.
  4. by a plan in existence on the effective date of this article.    If
on the effective date of this article the employees of a covered employ-
er  or  any  class  or classes of such employees are entitled to receive
disability AND FAMILY LEAVE benefits under a  plan  or  agreement  which
remains  in  effect on July first, nineteen hundred fifty, the employer,
subject to the requirements  of  this  section,  shall  be  relieved  of
responsibility  for making provision for benefit payments required under
this article until the earliest date, determined by the chairman for the
purposes of this article, upon which the employer shall have  the  right
to  discontinue  the  provisions  thereof or to discontinue his contrib-
utions towards the cost. Any such plan or  agreement  may  be  extended,
with  or  without  modification,  by  agreement or collective bargaining
between an employer or employers or  association  of  employers  and  an
association  of  employees,  in  which  event  the  period for which the
employer is relieved of such responsibility shall include such period of
extension. Any other plan or agreement in  existence  on  the  effective
date  of  this  article  which the employer may, by his OR HER sole act,
terminate at any time, or with respect to which he OR SHE is  not  obli-
gated  to continue for any period to make contributions, may be accepted
by the [chairman] CHAIR as satisfying the obligation to provide for  the

S. 6405                            71                            A. 9005

payment  of  benefits  under  this  article  if  such  plan or agreement
provides benefits at least as favorable as  the  disability  AND  FAMILY
LEAVE  benefits  provided  by this article and does not require contrib-
utions of any employee or of any class or classes of employees in excess
of  the  statutory  amount  provided in SUBDIVISION THREE OF section two
hundred nine OF THIS ARTICLE, subdivision three, except by agreement and
provided the contribution is reasonably related  to  the  value  of  the
benefits  as  determined  by the chairman. The chairman may require that
the employer shall enter into an agreement in writing with the  chairman
that he will pay the assessments set forth in sections two hundred four-
teen  and  two  hundred  twenty-eight and that until he shall have filed
written notice with the chairman of his election to terminate such  plan
or  agreement  or  to  discontinue making necessary contributions to its
cost, he will continue to provide for the payment of the disability  AND
FAMILY LEAVE benefits under such plan or agreement.
  During  any period in which any plan or agreement or extension thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather than as provided under this  article,  other  than  the  benefits
provided  in  section  two  hundred  seven, and provided the employer or
carrier has agreed to pay the  assessments  described  in  sections  two
hundred fourteen and two hundred twenty-eight.
  Any  such  plan or agreement may be extended with or without modifica-
tion, provided the benefits under such plan or agreement, as extended or
modified, shall be found by the chairman to be at least as favorable  as
the benefits provided by this article.
  5.  by a new plan or agreement. After the effective date of this arti-
cle, a new plan or agreement with a  carrier  may  be  accepted  by  the
chairman  as  satisfying  the  obligation  to provide for the payment of
benefits under this article if such  plan  or  agreement  shall  provide
benefits  at least as favorable as the disability AND FAMILY LEAVE bene-
fits provided by this article and does not require contributions of  any
employee or of any class or classes of employees in excess of the statu-
tory  amount  provided  in  section two hundred nine, subdivision three,
except by agreement and provided the contribution is reasonably  related
to  the  value  of  the benefits as determined by the chairman. Any such
plan or agreement shall continue until written  notice  filed  with  the
chairman  of  intention  to  terminate  such  plan or agreement, and any
modification of such plan or agreement shall be subject to  the  written
approval of the chairman.
  During  any period in which any plan or agreement or extension thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather than as provided under this  article,  other  than  the  benefits
provided  in  section  two  hundred  seven, and provided the employer or
carrier has agreed to pay the  assessments  described  in  sections  two
hundred fourteen and two hundred twenty-eight.
  7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN  ACCORDANCE  WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N)  OF
SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW.
  S  13.  Subdivisions 1, 4 and 5 of section 212 of the workers' compen-
sation law, subdivision 1 as amended by chapter 740 of the laws of 1960,
subdivision 4 as amended by chapter 205 of the laws of 1993, and  subdi-

S. 6405                            72                            A. 9005

vision  5  as  added  by chapter 593 of the laws of 1992, are amended to
read as follows:
  1.  Any  employer  not  required  by  this  article to provide for the
payment of disability OR FAMILY LEAVE benefits to his employees,  or  to
any  class  or  classes  thereof, may become a covered employer or bring
within the provisions of this article such employees or class or classes
thereof by voluntarily electing to provide for payment of such  benefits
in  one  or  more of the ways set forth in section two hundred eleven OF
THIS ARTICLE; but such election shall be subject to the approval of  the
[chairman] CHAIR, and if the employees are required to contribute to the
cost of such benefits the assent within thirty days before such approval
is  granted,  of more than one-half of such employees shall be evidenced
to the satisfaction of the [chairman] CHAIR.  On approval by the [chair-
man] CHAIR of such election to provide benefits, all the  provisions  of
this  article  shall  become  and continue applicable as if the employer
were a covered employer as defined in this article.  The  obligation  to
continue  as  a  covered  employer  with  respect  to employees for whom
provision of benefits is not required under this article, may be discon-
tinued by such employer on ninety days notice to the [chairman] CHAIR in
writing and to his OR HER employees, after  he  or  she  [chairman]  HAS
PROVIDED  FOR  PAYMENT  OF  BENEFITS FOR NOT LESS THAN ONE YEAR AND WITH
SUCH PROVISION FOR PAYMENT OF OBLIGATIONS INCURRED ON AND PRIOR  TO  THE
TERMINATION DATE AS THE chair may approve.
  4.  An  executive officer of a corporation who at all times during the
period involved owns all of the issued  and  outstanding  stock  of  the
corporation  and  holds  all of the offices pursuant to paragraph (e) of
section seven hundred fifteen of the business  corporation  law  or  two
executive  officers  of a corporation who at all times during the period
involved between them own all of the issued  and  outstanding  stock  of
such  corporation and hold all such offices provided, however, that each
officer must own at least one share of stock and who  is  the  executive
officer  or who are the executive officers of a corporation having other
persons who are employees required to be  covered  under  this  article,
shall be deemed to be included in the corporation's disability AND FAMI-
LY  LEAVE  benefits  insurance  contract  or covered by a certificate of
self-insurance or a plan under section two hundred eleven of this  arti-
cle, unless the officer or officers elect to be excluded from the cover-
age of this article. Such election shall be made by any such corporation
filing  with the insurance carrier, or the chair of the workers' compen-
sation board in the case of self-insurance, upon a  form  prescribed  by
the  [chairman]  CHAIR,  a notice that the corporation elects to exclude
the executive officer or officers  of  such  corporation  named  in  the
notice  from the coverage of this article. Such election shall be effec-
tive with respect to all policies issued to  such  corporation  by  such
insurance  carrier  as  long  as it shall continuously insure the corpo-
ration. Such election shall be final  and  binding  upon  the  executive
officer  or  officers  named  in  the notice until revoked by the corpo-
ration.
  5. A spouse who is an employee of a covered employer shall  be  deemed
to  be  included  in the employer's disability AND FAMILY LEAVE benefits
insurance contract or covered by a certificate of  self-insurance  or  a
plan  under  section  two  hundred  eleven  of  this article, unless the
employer elects to exclude such spouse from the coverage of  this  arti-
cle.  Such  election  shall be made by any such employer filing with the
insurance carrier, or the chair of the workers'  compensation  board  in
the  case  of  self-insurance,  upon  a  form prescribed by the chair, a

S. 6405                            73                            A. 9005

notice that the employer elects to exclude  such  spouse  named  in  the
notice  from the coverage of this article. Such election shall be effec-
tive with respect to all policies issued to such employer by such insur-
ance carrier as long as it shall continuously insure the employer.  Such
election  shall be final and binding upon the spouse named in the notice
until revoked by the employer.
  S 14. Subdivision 1 of section 213 of the workers'  compensation  law,
as  amended  by  chapter  784  of the laws of 1980, is amended and a new
subdivision 3 is added to read as follows:
  1. Whenever a covered employer does not comply with  this  article  by
providing for the payment of disability AND FAMILY LEAVE benefits to his
OR  HER  employees  in  one  or more of the ways provided in section two
hundred eleven OF THIS ARTICLE or whenever a carrier fails  to  pay  the
benefits  required  by  this article to employees of a covered employer,
then such employer shall be fully and directly liable to each of his  OR
HER  employees for the payment of benefits provided by this article. The
amount of the benefits to which employees of such employers are entitled
under this article and attendance fees of [their] ANY attending  [physi-
cians  or  attending podiatrists] HEALTH CARE PROVIDER fixed pursuant to
subdivision two of section two hundred thirty-two OF THIS ARTICLE shall,
on order of the [chairman] CHAIR, be paid out of  the  fund  established
under section two hundred fourteen OF THIS ARTICLE.  In case of non-com-
pliance  of  the  employer,  such  employer  shall  forthwith pay to the
[chairman] CHAIR, for credit to the fund, the sum  so  expended  or  one
[per  cent]  PERCENT  of  his OR HER payroll for his OR HER employees in
employment during the period of non-compliance,  whichever  is  greater;
provided,  however,  that  if it shall appear to the satisfaction of the
[chairman] CHAIR that the default in payment of benefits or the non-com-
pliance of the employer otherwise with his OR HER obligation under  this
article was inadvertent, the [chairman] CHAIR may fix the sum payable in
such  case  for  non-compliance or default at the amount paid out of the
fund and a sum less than one [per cent] PERCENT of such payroll, and  in
addition the penalties for non-compliance imposed under this article. In
case  of  failure  of  the  carrier  to pay benefits, the employer shall
forthwith pay to the [chairman] CHAIR, for credit to the fund,  the  sum
so expended.
  3.  THE  PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER
SHALL NOT APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY  FIRST,  TWO
THOUSAND  EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY. THERE-
AFTER, IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO  A
PENALTY  FOR  VIOLATION OF THIS SECTION, THE CHAIR MAY, IN THE INTERESTS
OF JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR  BE
AWARDED  ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY EXERCISE
THIS AUTHORITY ONLY IF IT IS THE  EMPLOYER'S  FIRST  TIME  VIOLATION  OF
SECTION  ONE  HUNDRED  FORTY-ONE-B  OF THIS CHAPTER; THE EMPLOYER IS NOT
LIABLE FOR ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY  OR  FAMILY
LEAVE  CLAIMS  AS A RESULT OF THE LACK OF COVERAGE; AND THE EMPLOYER HAS
PAID ALL FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE  LACK  OF
COVERAGE.
  S  15. Section 217 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 1 as amended by chapter 167  of
the  laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of the
laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of
1994, is amended to read as follows:
  S 217. Notice and proof of claim.   1. Written  notice  and  proof  of
disability  OR  PROOF OF NEED FOR FAMILY LEAVE shall be furnished to the

S. 6405                            74                            A. 9005

employer by or on behalf of the employee claiming benefits  or,  in  the
case  of  a claimant under section two hundred seven of this article, to
the chair, within thirty days after commencement of the period of  disa-
bility. Additional proof shall be furnished thereafter from time to time
as  the employer or carrier or chair may require but not more often than
once each week. Such proof shall include a statement  of  disability  by
the employee's [attending physician or attending podiatrist or attending
chiropractor or attending dentist or attending psychologist or attending
certified  nurse  midwife]  OR FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE
PROVIDER, or in the case of an employee who  adheres  to  the  faith  or
teachings  of any church or denomination, and who in accordance with its
creed, tenets or principles depends  for  healing  upon  prayer  through
spiritual  means  alone  in  the  practice of religion, by an accredited
practitioner, containing facts and opinions as  to  such  disability  in
compliance  with  regulations of the chair. Failure to furnish notice or
proof within the time and in the manner above provided shall not invali-
date the claim but no benefits shall be required  to  be  paid  for  any
period more than two weeks prior to the date on which the required proof
is  furnished  unless it shall be shown to the satisfaction of the chair
not to have been reasonably possible to furnish such notice or proof and
that such notice or proof was furnished as soon as  possible;  provided,
however,  that  no  benefits  shall be paid unless the required proof of
disability is furnished within [twenty-six weeks after  commencement  of
the  period  of  disability]  THE  PERIOD OF ACTUAL DISABILITY OR FAMILY
LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED  UNDER
SECTION  TWO  HUNDRED  FIVE  OF  THIS  ARTICLE.    No limitation of time
provided in this section shall run  as  against  any  [person]  DISABLED
EMPLOYEE who is mentally incompetent, or physically incapable of provid-
ing  such  notice as a result of a serious medical condition, or a minor
so long as such person has no guardian of the person and/or property.
  2. An employee claiming DISABILITY benefits shall, as requested by the
employer or carrier, submit himself or herself  at  intervals,  but  not
more  than once a week, for examination by [a physician or podiatrist or
chiropractor or dentist or psychologist or certified nurse  midwife]  AN
ACCREDITED  HEALTH  CARE PROVIDER designated by the employer or carrier.
All such examinations shall be without cost to the employee and shall be
held at a reasonable time and place.
  3. The chair OR CHAIR'S DESIGNEE may direct  the  claimant  OR  FAMILY
LEAVE  CARE RECIPIENT to submit to examination by a [physician or podia-
trist or chiropractor or dentist or psychologist] HEALTH  CARE  PROVIDER
designated by him or her in any case in which the claim to disability OR
FAMILY  LEAVE  benefits is contested and in claims arising under section
two hundred seven OF THIS ARTICLE, and in other cases as  the  chair  or
board may require.
  4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good
cause  to  submit  to  any  such  examination shall disqualify [him] THE
CLAIMANT OR EMPLOYEE from all benefits hereunder for the period of  such
refusal, except as to benefits already paid.
  5.  If  benefits required to be paid by this article have been paid to
an employee, further payments for the same disability  OR  FAMILY  LEAVE
shall  not be barred solely because of failure to give notice or to file
proof of disability for the period or periods for  which  such  benefits
have been paid.
  6.  In the event that a claim for benefits is rejected, the carrier or
employer shall send by first class mail written notice of  rejection  to
the  [claimant] EMPLOYEE   within forty-five days of receipt of proof of

S. 6405                            75                            A. 9005

disability. Failure to mail such written notice of rejection within  the
time  provided,  shall bar the employer or carrier from contesting enti-
tlement to benefits for any period of disability prior  to  such  notice
but  such  failure  may  be excused by the [chairman] CHAIR if it can be
shown to the satisfaction of the  [chairman]  CHAIR  not  to  have  been
reasonably  possible to mail such notice and that such notice was mailed
as soon as possible.  Such notice shall include a statement, in  a  form
prescribed  by  the  [chairman] CHAIR, to the effect that the [claimant]
EMPLOYEE may, for the purpose of review [by the board], file  [with  the
chairman] notice that his or her claim has not been paid AS SET FORTH IN
SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE.
  S  16.  Section  219  of  the workers' compensation law, as amended by
chapter 688 of the laws of 1953, is amended to read as follows:
  S 219. Enforcement of payment in default. In case of a default in  the
payment  of  any  benefits,  assessments or penalties payable under this
article by an employer who has failed to comply with the  provisions  of
section  two hundred eleven of this [chapter] ARTICLE or refusal of such
employer to reimburse the fund under section  two  hundred  fourteen  OF
THIS ARTICLE for the expenditures made therefrom pursuant to section two
hundred  thirteen  OF  THIS  ARTICLE or to deposit within ten days after
demand the estimated  value  of  benefits  not  presently  payable,  the
[chairman]  CHAIR may file with the county clerk for the county in which
the employer has his principal place of business (1) a certified copy of
the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION
DESIGNATED BY THE CHAIR PURSUANT TO SECTION TWO  HUNDRED  TWENTY-ONE  OF
THIS  ARTICLE, or order of the [chairman] CHAIR, or (2) a certified copy
of the demand for deposit of security, and thereupon  judgment  must  be
entered  in  the supreme court by the clerk of such county in conformity
therewith immediately upon such filing.
  S 17. Section 220 of the workers' compensation law, as added by  chap-
ter  600 of the laws of 1949, subdivision 1 as amended by chapter 387 of
the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of
1979, subdivision 3 as amended by chapter  415  of  the  laws  of  1983,
subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision
5  as  amended  by  chapter  940  of  the laws of 1973, subdivision 7 as
amended by chapter 61 of the laws of 1989 and subdivision 8  as  amended
by chapter 213 of the laws of 1993, is amended to read as follows:
  S  220.  Penalties.  1.  Any  employer who fails to make provision for
payment of disability OR FAMILY LEAVE benefits as  required  by  section
two hundred eleven of this article within ten days following the date on
which such employer becomes a covered employer as defined in section two
hundred  two  OF  THIS ARTICLE shall be guilty of a misdemeanor and upon
conviction be punishable by a fine of not less than one hundred nor more
than five hundred dollars or imprisonment for not more than one year  or
both,  except  that  where any person has previously been convicted of a
failure to make provisions for payment of  disability  OR  FAMILY  LEAVE
benefits  within  the preceding five years, upon conviction for a second
violation such person shall be fined not less than two hundred fifty nor
more than one thousand two hundred fifty  dollars  in  addition  to  any
other  penalties  including  fines  otherwise  provided by law, and upon
conviction for a third or subsequent violation such person may be  fined
up  to two thousand five hundred dollars in addition to any other penal-
ties including fines otherwise provided by law. Where the employer is  a
corporation, the president, secretary, treasurer, or officers exercising
corresponding functions, shall each be liable under this section.

S. 6405                            76                            A. 9005

  2.  The [chairman] CHAIR or any officer of the board designated by him
OR HER, upon finding that an employer has failed to make  provision  for
the  payment  of  disability OR FAMILY LEAVE benefits, shall impose upon
such employer a penalty not in excess of a sum equal to one-half of  one
per  centum  of his OR HER weekly payroll for the period of such failure
and a further sum not in excess of  five  hundred  dollars,  which  sums
shall  be  paid into the fund created under section two hundred fourteen
OF THIS ARTICLE.
  3. If for the purpose of obtaining any benefit or  payment  under  the
provisions of this article, or for the purpose of influencing any deter-
mination regarding any benefit payment, either for himself OR HERSELF or
any  other  person,  any  person, employee, employer or carrier wilfully
makes a false statement or representation or fails to disclose a materi-
al fact, he OR SHE shall be guilty of a misdemeanor.
  4. Whenever a carrier shall fail to make prompt payment of  disability
OR  FAMILY  LEAVE benefits payable under this article and after [hearing
before an officer designated by the chairman]  A  DETERMINATION  BY  THE
CHAIR'S  DESIGNEE  for  that  purpose,  the [chairman] CHAIR OR DESIGNEE
shall determine that failure to make such  prompt  payment  was  without
just  cause,  the  [chairman]  CHAIR  OR DESIGNEE shall collect from the
carrier a sum not in excess of twenty-five per centum of the  amount  of
the  benefits  as to which the carrier failed to make payment, which sum
shall be credited to the special fund for disability benefits. In  addi-
tion,  the  [chairman] CHAIR OR DESIGNEE may collect and pay over to the
employee the sum of ten dollars in respect to  each  week,  or  fraction
thereof, for which benefits have not been promptly paid.
  5.  In  addition  to  other  penalties herein provided, the [chairman]
CHAIR OR DESIGNEE shall remove from the list of [physicians] HEALTH CARE
PROVIDERS authorized to render medical care  under  the  provisions  [of
articles one to eight, inclusive,] of this chapter [and from the list of
podiatrists authorized to render podiatric care under section thirteen-k
of this chapter, and from the list of chiropractors authorized to render
chiropractic  care  under section thirteen-l of this chapter the name of
any physician or podiatrist or chiropractor]  whom  [he]  THE  CHAIR  OR
DESIGNEE  shall  find,  after reasonable investigation, has submitted to
the employer or carrier or [chairman] CHAIR in connection with any claim
for disability benefits under this article, a  statement  of  disability
that is not truthful and complete.
  6.  In addition to other penalties herein provided, any person who for
the purpose of obtaining any benefit or payment under  this  article  or
for  the  purpose of influencing any determination regarding any benefit
payment, knowingly makes a false statement with  regard  to  a  material
fact,  shall  not  be  entitled  to receive benefits with respect to the
disability claimed or any  disability  benefits  during  the  period  of
twelve calendar months thereafter; but this penalty shall not be applied
more than once with respect to each such offense.
  7. All fines imposed under subdivisions one and three OF THIS SECTION,
except  as  herein  otherwise provided, shall be paid directly and imme-
diately by the officer collecting the same to the  chair,  and  be  paid
into  the  state  treasury,  provided,  however,  that  all  such  fines
collected by justices of the peace  of  towns  and  police  justices  of
villages  shall  be paid to the state comptroller in accordance with the
provisions of section twenty-seven of the  town  law  [and  section  one
hundred eighty-five of the village law, respectively].
  8.  (a) The head of a state or municipal department, board, commission
or office authorized or required by law to issue any permit  for  or  in

S. 6405                            77                            A. 9005

connection  with  any  work  involving  the  employment  of employees in
employment as defined in this article, and notwithstanding  any  general
or  special  statute requiring or authorizing the issue of such permits,
shall not issue such permit unless proof duly subscribed by an insurance
carrier  is  produced  in  a  form  satisfactory  to the chair, that the
payment of disability benefits AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
TWENTY-ONE,  THE  PAYMENT OF FAMILY LEAVE BENEFITS for all employees has
been secured as provided by this  article.    Nothing  herein,  however,
shall  be  construed as creating any liability on the part of such state
or municipal department, board, commission or office to pay any disabil-
ity benefits to any such employee if so employed.
  (b) The head of a state or municipal department, board, commission  or
office  authorized  or required by law to enter into any contract for or
in connection with any work involving the  employment  of  employees  in
employment  as  defined in this article, and notwithstanding any general
or special statute requiring or authorizing any such contract, shall not
enter into any such contract unless proof duly subscribed by  an  insur-
ance  carrier  is produced in a form satisfactory to the chair, that the
payment of disability benefits AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
EIGHTEEN,  THE  PAYMENT  OF  FAMILY LEAVE BENEFITS for all employees has
been secured as provided by this article.
  S 18. Section 221 of the  workers'  compensation  law,  as  separately
amended  by chapters 425 and 500 of the laws of 1985, is amended to read
as follows:
  S 221. Determination of contested claims  for  disability  AND  FAMILY
LEAVE  benefits.    [Within  twenty-six  weeks] IN ACCORDANCE WITH REGU-
LATIONS ADOPTED BY THE CHAIR, WITHIN SIXTY DAYS  of  written  notice  of
rejection  of  claim,  the employee may file with the [chairman] CHAIR a
notice that his or her claim for disability OR FAMILY LEAVE benefits has
not been paid, and the employee shall  submit  proof  of  disability  OR
ENTITLEMENT  TO  FAMILY  LEAVE  and  of his or her employment, wages and
other facts reasonably necessary for  determination  of  the  employee's
right  to  such  benefits.  Failure  to file such notice within the time
provided, may be excused [by the chairman] if it can be  shown  [to  the
satisfaction  of  the  chairman] not to have been reasonably possible to
furnish such notice and that such notice was furnished as soon as possi-
ble.  On demand [of the chairman] the employer or carrier  shall  forth-
with  deliver to the [chairman] BOARD the original or a true copy of the
[attending physician's or attending podiatrist's or  accredited  practi-
tioner's  statement]  HEALTH CARE PROVIDER'S REPORT, wage and employment
data and all other papers in the possession of the employer  or  carrier
with respect to such claim.
  The  [board]  CHAIR OR DESIGNEE shall have full power and authority to
determine all issues in relation to every such claim for  disability  OR
FAMILY  LEAVE  benefits  required  or  provided under this article[, and
shall file its decision in the office of the chairman. Upon such filing,
the chairman shall send to the parties a copy of  the  decision.  Either
party  may present evidence and be represented by counsel at any hearing
on such claim.  The decision of the board shall be final as to all ques-
tions of fact and, except as provided in section  twenty-three  of  this
chapter,  as  to  all questions of law].   Every decision [of the board]
shall be complied with in accordance with  its  terms  within  ten  days
thereafter  except  [in  case  of  appeal]  AS PERMITTED BY LAW UPON THE
FILING OF A REQUEST FOR REVIEW, and any payments due under such decision
shall draw simple interest from thirty days after the making thereof  at
the  rate  provided  in section five thousand four of the civil practice

S. 6405                            78                            A. 9005

law and rules. THE CHAIR SHALL ADOPT RULES AND REGULATIONS TO CARRY  OUT
THE  PROVISIONS  OF THIS ARTICLE INCLUDING BUT NOT LIMITED TO RESOLUTION
OF CONTESTED CLAIMS AND REQUESTS FOR  REVIEW  THEREOF,  AND  PAYMENT  OF
COSTS  FOR  RESOLUTION  OF  DISPUTED CLAIMS BY CARRIERS. THE CHAIR SHALL
HAVE AUTHORITY TO PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION  PROCEDURES
FOR  CLAIMS  ARISING  UNDER  THIS  ARTICLE  INCLUDING BUT NOT LIMITED TO
REFERRAL AND SUBMISSION OF DISPUTED CLAIMS TO MANDATORY ARBITRATION WITH
PRIVATE ARBITRATION ASSOCIATIONS, AND ANY DETERMINATION MADE BY ALTERNA-
TIVE DISPUTE RESOLUTION SHALL NOT BE REVIEWABLE BY  THE  BOARD  AND  THE
VENUE FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION.
  S  19. Section 222 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 222. Technical rules of evidence or procedure  not  required.    The
[chairman  or]  CHAIR,  the  board OR THE CHAIR'S DESIGNEE, in making an
investigation or inquiry or conducting a hearing shall not be  bound  by
common  law  or  statutory  rules  of evidence or by technical or formal
rules of procedure, except as provided by this  chapter;  but  may  make
such  investigation or inquiry or conduct such hearing in such manner as
to ascertain the substantial rights of the parties.
  S 20. Sections 223 and  224  of  the  workers'  compensation  law  are
REPEALED.
  S  21. Section 225 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 225. Fees for representing employees. Claims of attorneys and  coun-
sellors-at-law for services in connection with any contested claim aris-
ing  under  this article shall not be enforceable unless approved by the
board. If so approved, such fee or fees shall become  a  lien  upon  the
benefits  ordered,  but shall be paid therefrom only in the manner fixed
by the board OR THE ALTERNATIVE DISPUTE  RESOLUTION  ASSOCIATION.    Any
other  person, firm, corporation, organization, or other association who
shall exact or receive any fee or gratuity for any services rendered  on
behalf  of  an employee except in an amount SO determined [by the board]
shall be guilty of a misdemeanor. Any person, firm, corporation,  organ-
ization,  or  association  who  shall solicit the business [of appearing
before the board on behalf] of an employee claiming benefits under  this
article,  or  who  shall  make it a business to solicit employment for a
lawyer in connection with any claim for disability OR FAMILY LEAVE bene-
fits under this article, or who shall exact or receive any fee or gratu-
ity or other charge with respect to the collection  of  any  uncontested
claim  for  disability  OR  FAMILY  LEAVE benefits, shall be guilty of a
misdemeanor.
  S 22. Subdivision 5 of section 226 of the workers'  compensation  law,
as  amended by chapter 211 of the laws of 1983, is amended and three new
subdivisions 7, 8 and 9 are added to read as follows:
  5. No contract of insurance issued by an insurance  carrier  providing
the benefits to be paid under this article shall be cancelled within the
time  limited in such contract for its expiration unless notice is given
as required by this section. When cancellation is due to non-payment  of
premiums  such  cancellation  shall  not be effective until at least ten
days after a notice of cancellation of such contract, on a  date  speci-
fied  in  such  notice,  shall  be filed in the office of the [chairman]
CHAIR and also served on the employer. When cancellation is due  to  any
reason other than non-payment of premiums such cancellation shall not be
effective  until  at least thirty days after a notice of cancellation of
such contract, on a date specified in such notice, shall be filed in the
office of  the  [chairman]  CHAIR  and  also  served  on  the  employer;

S. 6405                            79                            A. 9005

provided,  however, in either case that if insurance with another insur-
ance carrier has been obtained which  becomes  effective  prior  to  the
expiration  of the time stated in such notice, the cancellation shall be
effective  as  of  the date of such other coverage. Such notice shall be
served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv-
ering it to him [or by sending  it  by  certified  or  registered  mail,
return  receipt  requested, addressed to the employer at his or its last
known place of business] OR HER BY ELECTRONIC MEANS; provided  that,  if
the  employer be a partnership, then such notice may be given to any one
of the partners, and if the employer be a corporation  then  the  notice
may  be given to any agent or officer of the corporation upon whom legal
process may be served, provided, however, the right to cancellation of a
policy of insurance in the  state  fund  shall  be  exercised  only  for
nonpayment  of  premiums  or  as provided in section ninety-four of this
chapter.
  7. THE CHAIR MAY REQUIRE BY REGULATION THAT EVERY POLICY OF  INSURANCE
CONTAIN A PROVISION REQUIRING THAT ALL DISPUTES BE RESOLVED BY MANDATORY
ARBITRATION, IN ACCORDANCE WITH SUCH REGULATIONS.
  8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN  ACCORDANCE  WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N)  OF
SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW.
  9.  EVERY  POLICY  OF  INSURANCE  ISSUED PURSUANT TO THIS ARTICLE MUST
OFFER COVERAGE FOR BOTH DISABILITY AND FAMILY LEAVE BENEFITS.
  S 23. The section heading of section 227 of the workers'  compensation
law,  as  amended by chapter 805 of the laws of 1984, is amended to read
as follows:
  Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation.
  S 24. Subdivision 1 of section 228 of the workers'  compensation  law,
as  added by section 27 of part GG of chapter 57 of the laws of 2013, is
amended to read as follows:
  1. The estimated annual expenses necessary for  the  workers'  compen-
sation  board  OR  DEPARTMENT  OF  FINANCIAL  SERVICES to administer the
provisions of the disability AND FAMILY  LEAVE  benefits  law  shall  be
borne  by  all affected employers and included as part of the assessment
rate generated pursuant  to  subdivision  two  of  section  one  hundred
fifty-one of this chapter.
  S  25.  Section  229  of  the workers' compensation law, as amended by
chapter 271 of the laws of 1985, is amended to read as follows:
  S 229. Posting of notice and providing of notice of  rights.  1.  Each
covered employer shall post and maintain in a conspicuous place or plac-
es  in  and about the employer's place or places of business typewritten
or printed notices in form prescribed by the [chairman]  CHAIR,  stating
that  the employer has provided for the payment of disability AND FAMILY
LEAVE benefits as required by this article.  The  [chairman]  CHAIR  may
require  any covered employer to furnish a written statement at any time
showing the carrier insuring the payment of benefits under this  article
or  the  manner  in  which  such  employer has complied with section two
hundred eleven OF THIS ARTICLE or any other provision of  this  article.
Failure for a period of ten days to furnish such written statement shall
constitute  presumptive  evidence  that  such  employer has neglected or
failed in respect of any of the matters so required.
  2. Whenever an employee of a covered  employer  who  is  eligible  for
benefits  under section two hundred four of this article shall be absent
from work due to a disability OR TO PROVIDE FAMILY CARE  as  defined  in
subdivision  nine  AND  SUBDIVISION TWENTY-FIVE RESPECTIVELY, of section

S. 6405                            80                            A. 9005

two hundred one of this article for more than  seven  consecutive  days,
the  employer shall provide the employee with a written statement of the
employee's rights under this article in a form prescribed by the [chair-
man] CHAIR.  The statement shall be provided to the employee within five
business  days  after  the employee's seventh consecutive day of absence
due to disability OR FAMILY LEAVE or within five business days after the
employer [knows or should know] HAS RECEIVED NOTICE that the  employee's
absence is due to disability OR FAMILY LEAVE, whichever is later.
  S  26.  Section  232  of  the workers' compensation law, as amended by
chapter 270 of the laws of 1990, is amended to read as follows:
  S 232. Fees FOR TESTIMONY of [physicians, podiatrists,  chiropractors,
dentists  and psychologists] HEALTH CARE PROVIDERS.  Whenever his or her
attendance at a hearing, DEPOSITION OR ARBITRATION before the  board  or
[its  referees]  THE CHAIR'S DESIGNEE is required, the attending [physi-
cian or attending podiatrist  or  attending  chiropractor  or  attending
dentist  or  attending psychologist or attending certified nurse midwife
of the disabled employee, except such  physicians  as  are  disqualified
from  testifying  pursuant  to subdivision one of section thirteen-b, or
section nineteen-a of this chapter, and except such podiatrists  as  are
disqualified from testifying under the provisions of section thirteen-k,
and  except such chiropractors as are disqualified from testifying under
the provisions of section thirteen-l, and except such  psychologists  as
are  disqualified  from testifying under the provisions of section thir-
teen-m,] HEALTH CARE PROVIDER shall be entitled to receive a  fee  [from
the  carrier or the fund established under section two hundred fourteen,
in an amount as directed and fixed by the board, or  its  referees,  and
such  fee  shall  be  in addition to any witness fee] IN ACCORDANCE WITH
REGULATIONS OF THE CHAIR.
  S 27. Section 237 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 237. Reimbursement for advance payments by employers. If an employer
has made advance payments of benefits or has made payments to an employ-
ee  in  like  manner  as wages during any period of disability OR FAMILY
LEAVE for which such employee is entitled to the  benefits  provided  by
this article, he OR SHE shall be entitled to be reimbursed by the carri-
er  out of any benefits due or to become due for the existing disability
OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri-
er prior to payment of the benefits BY THE CARRIER.
  S 28. Section 238 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  238. Payments to minors. Minors shall be deemed to be sui juris for
the purpose of [receiving] payment of benefits under this article.
  S 29. Section 239 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  239.  Representation  before the board. Any person, firm, or corpo-
ration licensed by the board under section twenty-four-a OF THIS ARTICLE
or subdivision three-b of section fifty OF THIS CHAPTER shall be  deemed
to  be  authorized  to  appear  in  behalf  of claimants or self insured
employers, as the case may be, in contested disability OR  FAMILY  LEAVE
claims under this article.
  S  30. The section heading and the opening paragraph of section 120 of
the workers' compensation law, as amended by chapter 61 of the  laws  of
1989, are amended to read as follows:
  Discrimination  against employees [who bring proceedings]. It shall be
unlawful for any employer  or  his  or  her  duly  authorized  agent  to
discharge  or in any other manner discriminate against an employee as to

S. 6405                            81                            A. 9005

his or her employment because such employee has claimed or attempted  to
claim  compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM
ANY BENEFITS PROVIDED UNDER THIS CHAPTER or because he or she has testi-
fied  or  is  about to testify in a proceeding under this chapter and no
other valid reason is shown to exist for such action by the employer.
  S 31. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
  2. The purposes of the state insurance fund herein created are  hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR  the payment of the benefits required by section two hundred four of
this chapter INCLUDING BENEFITS FOR FAMILY CARE.   A  separate  fund  is
hereby  created within the state insurance fund, which shall be known as
the "disability benefits fund", and which shall consist of all  premiums
received and paid into said fund on account of such insurance, all secu-
rities  acquired by and through the use of moneys belonging to said fund
and of interest earned upon moneys belonging to said fund and  deposited
or  invested  as herein provided. Said disability benefits fund shall be
applicable to the payment  of  benefits,  expenses  and  assessments  on
account  of  insurance written pursuant to article nine of this chapter.
PREMIUMS FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS  IN
ACCORDANCE  WITH  THIS  ARTICLE  SHALL  BE CALCULATED IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N)  OF
SECTION  FOUR  THOUSAND  TWO  HUNDRED THIRTY-FIVE OF SUCH LAW. THE STATE
INSURANCE FUND SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE  ON  ESTAB-
LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES.
  S 32. Subdivision 1 of section 141-a of the workers' compensation law,
as  added  by  chapter  6  of  the  laws  of 2007, is amended to read as
follows:
  1. To investigate violations of sections fifty-two [and], one  hundred
thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or
her designees shall have the power to:
  (a) Enter and inspect any place of business at any reasonable time for
the purpose of investigating employer compliance.
  (b) Examine and copy business records.
  (c) Administer oaths and affirmations.
  (d)   Issue  and  serve  subpoenas  for  attendance  of  witnesses  or
production of business records, books, papers, correspondence,  memoran-
da, and other records. Such subpoenas may be served without the state on
any  defendant  over whom a New York court would have personal jurisdic-
tion under the civil practice law and rules as  to  the  subject  matter
under  investigation, provided the information or testimony sought bears
a reasonable relationship to the subject matter under investigation.
  S 32-a. Section 318 of the workers'  compensation  law,  as  added  by
chapter 788 of the laws of 1951, is amended to read as follows:
  S  318.  Rules of evidence; modification of board decisions or orders;
appeals. The provisions of [sections] SECTION two hundred twenty-two  [,
two  hundred  twenty-three  and two hundred twenty-four] OF THIS CHAPTER
are made applicable to claims for compensation under this article.
  S 33. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
law is amended to read as follows:
  (3) "Accident and health insurance," means (i) insurance against death
or  personal  injury  by  accident  or by any specified kind or kinds of
accident and insurance  against  sickness,  ailment  or  bodily  injury,
including  insurance  providing  disability  AND  FAMILY  LEAVE benefits
pursuant to article nine of the workers'  compensation  law,  except  as
specified  in  item  (ii)  hereof;  and  (ii) non-cancellable disability

S. 6405                            82                            A. 9005

insurance, meaning insurance against disability resulting from sickness,
ailment or bodily injury (but excluding insurance solely  against  acci-
dental  injury)  under  any contract which does not give the insurer the
option  to  cancel  or  otherwise terminate the contract at or after one
year from its effective date or renewal date.
  S 34. Paragraphs 1 and 4 of subsection (h)  of  section  4235  of  the
insurance  law  are amended and a new subsection (n) is to added read as
follows:
  (1) Each domestic insurer and each  foreign  or  alien  insurer  doing
business  in this state shall file with the superintendent its schedules
of  premium  rates,  rules  and  classification  of  risks  for  use  in
connection  with  the  issuance of its policies of group accident, group
health or group accident and health  insurance,  and  of  its  rates  of
commissions,  compensation  or  other  fees  or allowances to agents and
brokers pertaining to the solicitation or sale of such insurance and  of
such fees or allowances, exclusive of amounts payable to persons who are
in  the  regular employ of the insurer, other than as agent or broker to
any individuals, firms or corporations pertaining to such class of busi-
ness, whether transacted within or without the state. A  GROUP  ACCIDENT
AND  HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENE-
FITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL  BE
SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION.
  (4) Nothing herein shall prohibit the state insurance fund from taking
into account peculiar hazards of individual risks in establishing higher
premium  rates  to be charged for insurance providing for the payment of
disability [or] AND FAMILY LEAVE benefits  in  accordance  with  article
nine of the workers' compensation law.
  (N)(1)  ON  OR  BEFORE  JUNE FIRST, TWO THOUSAND SEVENTEEN, THE SUPER-
INTENDENT OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH  THE
CHAIR  OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL DETERMINE
WHETHER A GROUP ACCIDENT AND HEALTH INSURANCE POLICY, INCLUDING POLICIES
ISSUED BY THE STATE INSURANCE  FUND,  PROVIDING  DISABILITY  AND  FAMILY
LEAVE  BENEFITS  PURSUANT  TO  ARTICLE NINE OF THE WORKERS' COMPENSATION
LAW, REQUIRES THE POLICY TO BE  EXPERIENCE  RATED  OR  COMMUNITY  RATED,
WHICH MAY INCLUDE SUBJECTING THE POLICY TO A RISK ADJUSTMENT MECHANISM.
  (2)  IF  THE  POLICY  IS SUBJECTED TO A RISK ADJUSTMENT MECHANISM, THE
SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH  THE
CHAIR  OF  THE  WORKERS' COMPENSATION BOARD OF THIS STATE. ANY SUCH RISK
ADJUSTMENT MECHANISM SHALL BE ADMINISTERED DIRECTLY BY  THE  SUPERINTEN-
DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR
OF  THE  WORKERS'  COMPENSATION BOARD OF THIS STATE, OR BY A THIRD PARTY
VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA-
TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD.
  (3) "RISK ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION  MEANS  THE
PROCESS  USED  TO  EQUALIZE THE PER MEMBER PER MONTH CLAIM AMOUNTS AMONG
INSURERS IN ORDER TO  PROTECT  INSURERS  FROM  DISPROPORTIONATE  ADVERSE
RISKS.
  S 35. Subdivision (c) of section 1108 of the insurance law, as amended
by chapter 838 of the laws of 1985, is amended to read as follows:
  (c)  The  state  insurance  fund  of  this  state,  except  as  to the
provisions of subsection (d) of section two thousand three hundred thir-
ty-nine, section three thousand one hundred ten, subsection  (a),  para-
graph  one  of  subsection  (b),  paragraph  three of subsection (c) and
subsection (d) of section three thousand two hundred one, sections three
thousand two hundred two, three thousand two hundred  four,  subsections

S. 6405                            83                            A. 9005

(a)  through  (d)  of  section  three  thousand  two hundred twenty-one,
subsections (b) and (c) of section four  thousand  two  hundred  twenty-
four,  section  four thousand two hundred twenty-six and subsections (a)
and  (b)  [and],  (g)  through (j), AND (N) of section four thousand two
hundred thirty-five of this chapter and except as otherwise specifically
provided by the laws of this state.
  S 36. This act shall take effect on the April 1, 2016 and shall  apply
to  all  policies  or  contracts  issued,  renewed, modified, altered or
amended on or after such effective date; provided, however, that  effec-
tive  immediately,  the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on  or  before
such effective date.

                                 PART I

  Section  1.  The  public  authorities  law  is amended by adding a new
section 1678-a to read as follows:
  S 1678-A. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT.   1.
PURPOSES  OF  ACT.    THE  PURPOSES  OF  THE  NEW  YORK STATE DESIGN AND
CONSTRUCTION CORPORATION ACT ARE TO: (A) ESTABLISH THE  NEW  YORK  STATE
DESIGN  AND  CONSTRUCTION  CORPORATION  IN  ORDER  TO PROVIDE ADDITIONAL
PROJECT MANAGEMENT EXPERTISE AND OVERSIGHT ON SIGNIFICANT  PUBLIC  WORKS
PROJECTS  UNDERTAKEN  BY STATE AGENCIES, DEPARTMENTS, PUBLIC AUTHORITIES
AND PUBLIC BENEFIT CORPORATIONS; (B) SET FORTH  THE  RESPONSIBILITY  AND
OBLIGATION  OF  ALL  STATE AGENCIES, DEPARTMENTS, PUBLIC AUTHORITIES AND
PUBLIC BENEFIT CORPORATIONS TO COOPERATE WITH THE CORPORATION AND ACCOM-
PLISH THE PURPOSES OF THIS SECTION; (C) MAKE PROVISIONS FOR  CONTRACTUAL
REQUIREMENTS  CONCERNING  THE  INCORPORATION  OF THIS SECTION FOR PUBLIC
WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN  EXCESS
OF  FIFTY MILLION DOLLARS AND FOR ANY AND ALL CONTRACTS RELATING TO SUCH
PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE  PROCURED
AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN; AND
(D)  PROVIDE A MEANS TO IMPLEMENT IMPROVEMENTS AND OTHER PROJECT CHANGES
ON ALL PROPOSED PUBLIC WORKS PROJECTS IN EXCESS OF FIFTY MILLION DOLLARS
IN TOTAL OR AGGREGATE VALUE, IN A MORE  TIMELY  FASHION,  SO  THAT  SUCH
PROJECTS CAN BE ACCOMPLISHED, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN
BUDGET AND AT AN ACCEPTABLE OVERALL QUALITY AND COST TO THE STATE OF NEW
YORK.
  2.  NEW  YORK  STATE DESIGN AND CONSTRUCTION CORPORATION. (A) THERE IS
HEREBY ESTABLISHED THE NEW YORK STATE  DESIGN  AND  CONSTRUCTION  CORPO-
RATION AS A SUBSIDIARY CORPORATION OF THE DORMITORY AUTHORITY.
  (B)  THE DORMITORY AUTHORITY MAY TRANSFER OR ASSIGN TO SUCH SUBSIDIARY
CORPORATION ANY REAL, PERSONAL OR MIXED PROPERTY AS SHALL BE REQUIRED IN
ORDER TO CARRY OUT THE PURPOSES OF THIS ACT. THE  AUTHORITY  MAY  ASSIGN
ANY  SUCH  EMPLOYEES TO WORK FOR THE CORPORATION AS SHALL BE REQUIRED IN
ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION.    NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO THE CONTRARY, THE TERM "EMPLOYEE" AS SET FORTH IN
THIS SECTION SHALL MEAN A  DORMITORY  AUTHORITY  EMPLOYEE  ASSIGNED,  IN
WHOLE, OR IN PART, TO WORK FOR THE CORPORATION.
  (C)  SUCH CORPORATION SHALL BE A BODY CORPORATE AND POLITIC CONSTITUT-
ING A PUBLIC BENEFIT CORPORATION, AND SHALL HAVE ALL OF THE  PRIVILEGES,
IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE DORMITORY AUTHOR-
ITY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THIS SECTION.
  (D)  THE  BOARD  OF  THE CORPORATION SHALL CONSIST OF THREE MEMBERS AS
DESIGNATED BY THE GOVERNOR, AND THE GOVERNOR SHALL DESIGNATE  THE  CHAIR

S. 6405                            84                            A. 9005

FROM  AMONG  THE  MEMBERS OF THE CORPORATION'S BOARD. THE MEMBERS OF THE
CORPORATION'S BOARD SHALL SERVE UNTIL SUCH TIME AS HIS OR HER  SUCCESSOR
IS APPOINTED BY THE GOVERNOR.
  (E)  A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE BOARD.
A QUORUM SHALL BE REQUIRED  FOR  THE  BOARD  TO  CONDUCT  BUSINESS,  AND
APPROVAL  OF  ANY  MATTER  PROPERLY  BEFORE  THE BOARD SHALL REQUIRE THE
AFFIRMATIVE VOTE OF THE MAJORITY OF THE BOARD.  MEETINGS OF  THE  CORPO-
RATION  SHALL  BE  CALLED  BY THE CHAIR, OR BY A MAJORITY OF THE MEMBERS
APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY.
  (F) NOTHING IN THIS SUBDIVISION  SHALL  BE  CONSTRUED  TO  IMPOSE  ANY
LIABILITIES,  OBLIGATIONS  OR  RESPONSIBILITIES OF SUCH CORPORATION UPON
THE DORMITORY AUTHORITY, AND THE AUTHORITY SHALL HAVE  NO  LIABILITY  OR
RESPONSIBILITY  THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES BY RESOL-
UTION OF THE AUTHORITY BOARD TO ASSUME THE SAME.
  (G) THE PROVISIONS OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE
SHALL IN ALL RESPECTS APPLY TO MEMBERS OF THE CORPORATION AND ANY  OFFI-
CER,  EMPLOYEE  OR  AGENT  OF  THE  DORMITORY  AUTHORITY  TRANSFERRED OR
ASSIGNED TO THE CORPORATION, WHILE ACTING WITHIN THE SCOPE OF  HIS,  HER
OR ITS AUTHORITY.
  (H)  ALL  OF  THE PROVISIONS OF SECTIONS SEVENTEEN AND NINETEEN OF THE
PUBLIC OFFICERS LAW SHALL APPLY TO THE MEMBERS, DIRECTORS, OFFICERS  AND
EMPLOYEES OF THE CORPORATION.
  (I)  THE CORPORATION CREATED PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO ANY OTHER PROVISIONS OF THIS CHAPTER PERTAINING  TO  SUBSIDIARIES  OF
PUBLIC AUTHORITIES TO THE EXTENT THAT SUCH PROVISIONS ARE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SECTION.
  3. CORPORATION REVIEW AND OVERSIGHT OF PUBLIC WORKS CONTRACTS. FOR ALL
PUBLIC  WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN
EXCESS OF FIFTY MILLION DOLLARS AND FOR ANY AND ALL  CONTRACTS  RELATING
TO  SUCH  PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE
PROCURED AND/OR ENTERED INTO ON OR AFTER  JANUARY  FIRST,  TWO  THOUSAND
SIXTEEN:
  (A)  ANY  STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE
CONSTRUCTION VALUE IN EXCESS OF  FIFTY  MILLION  DOLLARS  SHALL  PROVIDE
WRITTEN  NOTICE  TO THE CORPORATION OF SUCH PROPOSAL, TO INCLUDE WITHOUT
LIMITATION, THE ESTIMATED VALUE OF THE PROJECT  AND  A  SUMMARY  OF  THE
SCOPE  AND  DURATION  OF  THE  PROJECT. PROJECTS SHALL NOT BE DIVIDED OR
SEGMENTED FOR THE PURPOSES OF AVOIDING COMPLIANCE WITH THE PROVISIONS OF
THIS ACT.
  (B) THE CORPORATION SHALL HAVE THE AUTHORITY TO, AND MAY, IN ITS  SOLE
DISCRETION,  REQUIRE  REVIEW  AND OVERSIGHT, IN WHOLE OR IN PART, OF ANY
PROJECT, AND MAKE RECOMMENDATIONS REGARDING REQUIRED CORRECTIVE OR OTHER
ACTION TO ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENE-
FIT CORPORATION IN CONNECTION WITH SUCH PROJECT.
  (C) FOR THE PURPOSES OF THIS SECTION, THE TERM  "PROJECT"  SHALL  MEAN
ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING,
ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA-
BILITATION,  ESTABLISHMENT,  IMPROVEMENT, RENOVATION, EXTENSION, REPAIR,
REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED
IN SECTION TWO OF THE STATE FINANCE LAW.
  (D) THE STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR  PUBLIC  BENEFIT
CORPORATION  UNDERTAKING  SUCH  PROJECT  SHALL  FULLY COOPERATE WITH ANY
DETERMINATION OF THE CORPORATION, AND PROVIDE ACCESS TO  ALL  PERSONNEL,
BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFORMATION AS MAY
BE NECESSARY FOR THE CORPORATION TO PERFORM ITS DUTIES.

S. 6405                            85                            A. 9005

  (E)  IN  THE EVENT THE CORPORATION DETERMINES THAT CORRECTIVE OR OTHER
ACTION IS NECESSARY FOR SUCH A PROJECT, THEN THE CORPORATION SHALL  HAVE
THE  AUTHORITY  TO  DIRECT  THAT  THE  STATE  AGENCY, DEPARTMENT, PUBLIC
AUTHORITY OR PUBLIC BENEFIT CORPORATION UNDERTAKING  THE  PROJECT  SHALL
IMPLEMENT  ALL CORRECTIVE OR OTHER ACTION AS SHALL BE REQUIRED TO ACCOM-
PLISH THE PROJECT, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND
AT AN ACCEPTABLE OVERALL COST TO THE STATE OF NEW YORK. SUCH  CORRECTIVE
OR OTHER ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I)  MODIFICATION OF SUCH PLANS, SPECIFICATIONS, DESIGNS AND ESTIMATES
OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND  EQUIPMENT  OF  FACILI-
TIES;
  (II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE;
  (III) DETAILED ANALYSIS OF PROJECT BUDGET;
  (IV)  DETAILED  ANALYSIS  OF  CHANGE  ORDERS  AND/OR PAYMENTS TO PRIME
CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES;
  (V)  DETAILED  ANALYSIS  OF  RECORDS  OF  CONSTRUCTION   OBSERVATIONS,
INSPECTIONS AND DEFICIENCIES;
  (VI)  TERMINATION  OF  CONTRACTS, CONTRACTORS, SUBCONTRACTORS OR OTHER
CONSULTANTS;
  (VII) PROCUREMENT OF INDEPENDENT  AUDITORS,  PROJECT  MANAGERS,  LEGAL
COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT;
  (VIII)  REGULAR  REPORTING  OF  PROJECT  STATUS  AND MILESTONES TO THE
PUBLIC;
  (IX) ACTIVE PROJECT MANAGEMENT REVIEW AND  OVERSIGHT  UTILIZING  ADDI-
TIONAL RESOURCES PROVIDED BY THE CORPORATION; AND
  (X) PERIODIC PROJECT REVIEW AND AUDIT BY THE CORPORATION ON A SUITABLE
TIME INTERVAL DETERMINED BY THE CORPORATION.
  (F)  ANY  STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE
CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS  SHALL  INCLUDE  A
SUMMARY  OF  THE  PROVISIONS  OF  THIS  SUBDIVISION IN ALL SUCH PROPOSAL
AND/OR BID DOCUMENTS FOR SUCH PROJECTS.
  (G) ALL CONTRACT DOCUMENTS SHALL EXPRESSLY INCORPORATE THE  PROVISIONS
OF  THIS  SECTION AND INCLUDE COMPLIANCE WITH THE PROVISIONS HEREOF AS A
CONDITION OF PERFORMANCE.
  4. GENERAL POWERS AND DUTIES OF THE CORPORATION. (A)  THE  CORPORATION
SHALL HAVE THE POWER TO:
  (I) SUE AND BE SUED;
  (II) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  (III) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT AND MAKE RULES AND REGULATIONS GOVERNING SAME;
  (IV) APPOINT SUCH OFFICERS AND EMPLOYEES FROM THE OFFICERS AND EMPLOY-
EES  OF  THE  AUTHORITY,  AS  IT  MAY REQUIRE FOR THE PERFORMANCE OF ITS
DUTIES AND FIX AND DETERMINE THEIR QUALIFICATIONS, DUTIES,  AND  COMPEN-
SATION,  AND  RETAIN  OR  EMPLOY  COUNSEL,  AUDITORS,  PRIVATE FINANCIAL
CONSULTANTS, PROFESSIONAL ENGINEERS OR OTHER TECHNICAL  CONSULTANTS  AND
OTHER  SERVICES  ON  A CONTRACT BASIS OR OTHERWISE, FOR THE RENDERING OF
PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND ADVICE,  AND  BE  REIM-
BURSED FOR SUCH SERVICES AS A COST OF THE PROJECT;
  (V)  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
CONVENIENT FOR THE EXERCISE OF  ITS  POWERS  AND  FUNCTIONS  UNDER  THIS
SECTION;
  (VI) TO FIX AND COLLECT FEES AND OTHER CHARGES FOR SERVICES THE CORPO-
RATION RENDERS IN CONNECTION WITH THIS SECTION;

S. 6405                            86                            A. 9005

  (VII)  ACQUIRE,  HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS
CORPORATE PURPOSES, INCLUDING WITHOUT LIMITATION THE POWER  TO  EXERCISE
EMINENT DOMAIN;
  (VIII)  ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS
FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE;
  (IX) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS  ACTIV-
ITIES,  PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
ANCE AS IT DEEMS DESIRABLE; AND
  (X) INVEST ANY FUNDS OF THE CORPORATION, OR ANY OTHER MONIES UNDER ITS
CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR  DISBURSEMENT,  AT
THE  DISCRETION  OF  THE CORPORATION, IN OBLIGATIONS OF THE STATE OR THE
UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL  AND  INTEREST  OF
WHICH  ARE  OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHOR-
IZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT  OF  THE  STATE  FINANCE
LAW.
  (B)  THE CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT
TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION.
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO THE  CONTRARY,  ALL
STATE  OFFICERS,  DEPARTMENTS,  BOARDS,  DIVISIONS,  COMMISSIONS, PUBLIC
AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS  SHALL  COOPERATE  WITH  THE
CORPORATION IN EVERY WAY AND SHALL IMPLEMENT ANY AND ALL RECOMMENDATIONS
OF  THE  CORPORATION IN ANY MANNER WITHOUT THE APPROVAL OR AUTHORIZATION
OF ANY STATE OFFICER OR AGENCY.
  5. TERMINATION OF  CORPORATION.  THE  CORPORATION  AND  ITS  CORPORATE
EXISTENCE  SHALL  CONTINUE  UNTIL  TERMINATED BY LAW, PROVIDED, HOWEVER,
THAT NO SUCH LAW SHALL TAKE EFFECT SO LONG AS THE CORPORATION SHALL HAVE
OBLIGATIONS OUTSTANDING, UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE
PAYMENT OR EXERCISE THEREOF.
  S 2. This act shall take effect immediately.

                                 PART J

  Section 1. Section 167 of the civil service law is amended by adding a
new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  LAW,  THE  STATE'S
CONTRIBUTION  FOR  THE  COST  OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE
COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED  IN  THE  STATEWIDE
AND  THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS
ARTICLE AND WHO RETIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND  SIXTEEN
SHALL BE AS SET FORTH IN THIS SUBDIVISION.
  (A)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE  STATE  SHALL  PAY FIFTY PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH  RETIRED  STATE
EMPLOYEES.  SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION  AT
OR  EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE,
THE STATE SHALL PAY SEVENTY-FOUR PERCENT  OF  THE  COST  OF  PREMIUM  OR
SUBSCRIPTION  CHARGES  FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE  COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES.

S. 6405                            87                            A. 9005

  (B)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE  STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE  INDIVIDUAL  COVERAGE  OF  SUCH  RETIRED
STATE  EMPLOYEES.    SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF
THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES.  FOR STATE EMPLOYEES WHO RETIRE FROM  A
POSITION  AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS
OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT  OF  THE  COST  OF
PREMIUM SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES.
  (C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  TEN  OR  HIGHER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF  PREMIUM
OR  SUBSCRIPTION  CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF  THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST  OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO  RETIRE  FROM  A  POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE  PERCENT
OF  THE  COST  OF  PREMIUM  OR  SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED  STATE  EMPLOYEES;  SUCH  CONTRIBUTION  SHALL
INCREASE  BY  ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY  YEARS,  TO  A  MAXIMUM  OF
SIXTY-NINE  PERCENT  OF  THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  NINE  OR  LOWER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF  PREMIUM
OR  SUBSCRIPTION  CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF  THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST  OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO  RETIRE  FROM  A  POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT
OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE  COVERAGE  OF
DEPENDENTS  OF  SUCH  RETIRED  STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES
FOR  EACH  YEAR  OF  SERVICE  IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES,  EACH  INCREMENT
OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
EACH  YEAR  OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO
THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS
OF SERVICE.
  (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
  (I) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM;

S. 6405                            88                            A. 9005

  (II) MEMBERS IN THE UNIFORMED  PERSONNEL  IN  INSTITUTIONS  UNDER  THE
JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION  OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED IN
SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND
  (III)  ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY,
ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT.
  (G) FOR THE PURPOSES OF DETERMINING THE PREMIUM OR SUBSCRIPTION CHARG-
ES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE EMPLOYEES ENROLLED
IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO RETIRE  ON  OR  AFTER
OCTOBER  FIRST, TWO THOUSAND SIXTEEN, THE STATE SHALL CONSIDER ALL YEARS
OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS ACCRUED IN A PUBLIC RETIRE-
MENT SYSTEM OF THE STATE OR AN OPTIONAL RETIREMENT  PROGRAM  ESTABLISHED
PURSUANT  TO ARTICLE THREE, EIGHT-B, OR ONE HUNDRED TWENTY-FIVE-A OF THE
EDUCATION LAW. THE PROVISIONS OF THIS PARAGRAPH MAY NOT BE USED TO GRANT
ELIGIBILITY FOR RETIREE STATE HEALTH INSURANCE COVERAGE TO A RETIREE WHO
IS NOT OTHERWISE ELIGIBLE TO ENROLL IN THE NEW YORK STATE HEALTH  INSUR-
ANCE PROGRAM AS A RETIREE.
  S 2. This act shall take effect October 1, 2016.

                                 PART K

  Section  1.  Section  167-a  of  the  civil service law, as amended by
section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
read as follows:
  S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance  program,  EFFECTIVE
OCTOBER  FIRST, TWO THOUSAND SIXTEEN, an amount [equal to] NOT TO EXCEED
ONE HUNDRED FOUR DOLLARS AND NINETY CENTS PER  MONTH  FOR  the  STANDARD
MEDICARE  premium  charge for such supplementary medical insurance bene-
fits for such active or retired employee and his or her  dependents,  if
any,  shall  be  paid  monthly  or  at other intervals to such active or
retired employee from the  health  insurance  fund;  PROVIDED,  HOWEVER,
EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN, THERE SHALL BE NO PAYMENT
WHATSOEVER  FOR  THE  INCOME  RELATED  MONTHLY ADJUSTMENT AMOUNT FOR ANY
AMOUNTS OR PREMIUMS INCURRED ON OR AFTER  JANUARY  FIRST,  TWO  THOUSAND
SIXTEEN, TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF
ANY.  Where  appropriate,  such  STANDARD MEDICARE PREMIUM amount may be
deducted from contributions payable by the employee or retired employee;
or where appropriate in the case  of  a  retired  employee  receiving  a
retirement  allowance,  such  STANDARD  MEDICARE  PREMIUM  amount may be
included with payments of his or her  retirement  allowance.  All  state
employer,  employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan  as  author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
federal old-age, survivors  and  disability  insurance  program  premium
charges  under  this  section. This cost shall be included in the calcu-
lation of premium or subscription charges for health  coverage  provided
to  employees  and  retired  employees of the state, public authorities,
public benefit corporations or other quasi-public organizations  of  the
state;  provided, however, the state, public authorities, public benefit

S. 6405                            89                            A. 9005

corporations or other quasi-public  organizations  of  the  state  shall
remain  obligated  to  pay no less than its share of such increased cost
consistent with its share of premium or  subscription  charges  provided
for  by  this  article.  All  other employer contributions to the health
insurance fund shall be  adjusted  as  necessary  to  provide  for  such
payments.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after October 1, 2016 for  the
standard  medicare  premium  amount  and  January 1, 2016 for the income
related monthly adjustment amount for any amounts or  premiums  incurred
on or after January 1, 2016.

                                 PART L

  Section  1. Paragraph (d) of subdivision 4 of section 209 of the civil
service law, as amended by chapter 67 of the laws of 2013, is amended to
read as follows:
  (d) The provisions of this subdivision shall expire [thirty-nine years
from July first, nineteen hundred seventy-seven, and  hereafter  may  be
renewed every four years] JULY FIRST, TWO THOUSAND NINETEEN.
  S  2.  Paragraph  (f)  of  subdivision  6  of section 209 of the civil
service law, as added by chapter 67 of the laws of 2013, is  amended  to
read as follows:
  (f) The provisions of this subdivision shall expire [three years from]
July first, two thousand [thirteen] NINETEEN.
  S 3. This act shall take effect immediately.

                                 PART M

  Section  1.  The opening paragraph of subdivision 3 of section 93-b of
the state finance law, as added by section 1 of part H of chapter 60  of
the laws of 2015, is amended to read as follows:
  Notwithstanding  any  other provisions of law to the contrary, for the
state fiscal year commencing on April first, two thousand  fifteen,  AND
EACH  STATE FISCAL YEAR THEREAFTER, 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 infrastruc-
ture  investment  fund,  in  an amount determined by the director of the
budget to the extent moneys are available in the fund; provided,  howev-
er,  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; and/or to fulfill disallowances and/or settlements  related
to  over-payments of 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 (b) of this subdi-
vision.
  S 2. This act shall take effect immediately.

                                 PART N

  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. Proprietary vocational school supervision account (20452).

S. 6405                            90                            A. 9005

  2. Local government records management account (20501).
  3. Child health plus program account (20810).
  4. EPIC premium account (20818).
  5. Education - New (20901).
  6. VLT - Sound basic education fund (20904).
  7.   Sewage  treatment  program  management  and  administration  fund
(21000).
  8. Hazardous bulk storage account (21061).
  9. Federal grants indirect cost recovery account (21065).
  10. Low level radioactive waste account (21066).
  11. Recreation account (21067).
  12. Public safety recovery account (21077).
  13. Environmental regulatory account (21081).
  14. Natural resource account (21082).
  15. Mined land reclamation program account (21084).
  16. Great lakes restoration initiative account (21087).
  17. Environmental protection and oil spill compensation fund (21200).
  18. Public transportation systems account (21401).
  19. Metropolitan mass transportation (21402).
  20. Operating permit program account (21451).
  21. Mobile source account (21452).
  22.  Statewide  planning  and  research  cooperative  system   account
(21902).
  23. Mental hygiene program fund account (21907).
  24. Mental hygiene patient income account (21909).
  25. Financial control board account (21911).
  26. Regulation of racing account (21912).
  27. New York Metropolitan Transportation Council account (21913).
  28. State university dormitory income reimbursable account (21937).
  29. Criminal justice improvement account (21945).
  30. Environmental laboratory reference fee account (21959).
  31. Clinical laboratory reference system assessment account (21962).
  32. Indirect cost recovery account (21978).
  33. High school equivalency program account (21979).
  34. Multi-agency training account (21989).
  35.  Interstate  reciprocity  for  post-secondary  distance  education
account.
  36. Bell jar collection account (22003).
  37. Industry and utility service account (22004).
  38. Real property disposition account (22006).
  39. Parking account (22007).
  40. Asbestos safety training program account (22009).
  41. Batavia school for the blind account (22032).
  42. Investment services account (22034).
  43. Surplus property account (22036).
  44. Financial oversight account (22039).
  45. Regulation of Indian gaming account (22046).
  46. Rome school for the deaf account (22053).
  47. Seized assets account (22054).
  48. Administrative adjudication account (22055).
  49. Federal salary sharing account (22056).
  50. New York City assessment account (22062).
  51. Cultural education account (22063).
  52. Local services account (22078).
  53. DHCR mortgage servicing account (22085).
  54. Department of motor vehicles compulsory insurance account (22087).

S. 6405                            91                            A. 9005

  55. Housing indirect cost recovery account (22090).
  56. DHCR-HCA application fee account (22100).
  57. Low income housing monitoring account (22130).
  58. Corporation administration account (22135).
  59. Montrose veteran's home account (22144).
  60. Deferred compensation administration account (22151).
  61. Rent revenue other New York City account (22156).
  62. Rent revenue account (22158).
  63. Tax revenue arrearage account (22168).
  64. State university general income offset account (22654).
  65. Lake George park trust fund account (22751).
  66. State police motor vehicle law enforcement account (22802).
  67. Highway safety program account (23001).
  68. EFC drinking water program account (23101).
  69. DOH drinking water program account (23102).
  70. NYCCC operating offset account (23151).
  71. Commercial gaming revenue account (23701).
  72. Commercial gaming regulation account (23702).
  73. Highway and bridge capital account (30051).
  74. State university residence hall rehabilitation fund (30100).
  75. State parks infrastructure account (30351).
  76. Clean water/clean air implementation fund (30500).
  77. Hazardous waste remedial cleanup account (31506).
  78. Youth facilities improvement account (31701).
  79. Housing assistance fund (31800).
  80. Housing program fund (31850).
  81. Highway facility purpose account (31951).
  82. Information technology capital financing account (32215).
  83. New York racing account (32213).
  84. Mental hygiene facilities capital improvement fund (32300).
  85. Correctional facilities capital improvement fund (32350).
  86. New York State Storm Recovery Capital Fund (33000).
  87. OGS convention center account (50318).
  88. Empire Plaza Gift Shop (50327)
  89. Centralized services fund (55000).
  90. Archives records management account (55052).
  91. Federal single audit account (55053).
  92. Civil service EHS occupational health program account (55056).
  93. Banking services account (55057).
  94. Cultural resources survey account (55058).
  95. Automation & printing chargeback account (55060).
  96. OFT NYT account (55061).
  97. Data center account (55062).
  98. Intrusion detection account (55066).
  99. Domestic violence grant account (55067).
  100. Centralized technology services account (55069).
  101. Labor contact center account (55071).
  102. Human services contact center account (55072).
  103. Policing the NYS thruway account.
  104. Executive direction internal audit account (55251).
  105. CIO Information technology centralized services account (55252).
  106. Health insurance internal service account (55300).
  107.  Civil  service employee benefits division administrative account
(55301).
  108. Correctional industries revolving fund (55350).
  109. Employees health insurance account (60201).

S. 6405                            92                            A. 9005

  110. 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, 2017, and with respect to item 5 under the miscella-
neous category set forth in this section, up  to  and  after  March  31,
2017, up to the unencumbered balance or the following 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).
  Education:
  1. $2,260,000,000 from the general fund to  the  state  lottery  fund,
education  account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  2. $986,000,000 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. Up to $137,700,000 from the moneys deposited in  commercial  gaming
revenue  account  (23701)  to  the  general  fund  as  reimbursement for
disbursements made from the general fund for supplemental aid to  educa-
tion during the prior fiscal year due to the unencumbered balance of the
commercial  gaming  revenue  account  during the prior fiscal year being
less than required to fully fund payments of general support for  public
schools, pursuant to Chapter 61 of the laws of 2015.
  5.  $300,000  from the local government records management improvement
fund (20500) to the archives partnership trust fund (20350).

S. 6405                            93                            A. 9005

  6. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  7. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  8.  $343,400,000  from  the  state  university  dormitory  income fund
(40350) to the miscellaneous  special  revenue  fund,  state  university
dormitory income reimbursable account (21937).
  9.  $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).
  10.  $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.
  11. $40,000,000 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.
  12. An amount up to $14,251,000 from the general  fund  to  the  state
university   income  fund,  state  university  general  revenue  account
(22653).
  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.  $146,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
  6. $9,700,000 from the general fund to the  hazardous  waste  remedial
fund, hazardous waste oversight and assistance account (31505).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match  account
(21967).
  2.  $4,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs to the general fund.

S. 6405                            94                            A. 9005

  4.  $140,000,000  from  any  of the office of temporary and disability
assistance or department of health special revenue funds to the  general
fund.
  5.  $2,500,000  from  any  of  the  office of temporary and disability
assistance special revenue federal funds to  the  miscellaneous  special
revenue  fund,  office  of  temporary  and disability assistance program
account (21980).
  6. $21,000,000 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.
  10. $1,000,000 from the general  fund  to  the  housing  program  fund
(31850).
  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.  $19,000,000  from  the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
  8. $1,826,000 from the miscellaneous  special  revenue  fund,  revenue
arrearage  account  (22024),  to the miscellaneous special revenue fund,
authority budget office account (22138).
  9. $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.
  10. $21,789,000 from the general  fund  to  the  centralized  services
fund, COPS account (55013).
  11.  $2,360,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for  the  purpose  of
enterprise technology projects.
  12.  $15,000,000 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. $33,710,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
  2.  A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155),  up
to  an  amount  equal  to  the  monies collected and deposited into that
account in the previous fiscal year.

S. 6405                            95                            A. 9005

  3. A transfer from the general fund to the combined gifts, grants  and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account (20183), up to an amount  equal  to  the  moneys  collected  and
deposited into that account in the previous fiscal year.
  4.  A transfer from the general fund to the combined gifts, grants and
bequests fund,  Alzheimer's  disease  research  and  assistance  account
(20143),  up  to  an  amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
  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. $7,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund (32216).
  7.  $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).
  8.  $1,000,000  from  the  miscellaneous  special  revenue fund, vital
records account (22103), to the  miscellaneous  capital  projects  fund,
healthcare IT capital account (32216).
  9.  $55,500,000  from  the  HCRA resources fund (20800) to the capital
projects fund (30000).
  10. $3,700,000 from the miscellaneous  New  York  state  agency  fund,
medical assistance account to the general fund.
  11.  $4,886,000  from  the general fund to the medical marihuana trust
fund, health operation and oversight account (23755).
  12. $1,086,000 from the miscellaneous special  revenue  fund,  certif-
icate of need account (21920), to the general fund.
  13.  $1,000,000  from  the miscellaneous special revenue fund, profes-
sional medical conduct account (22088),  to  the  miscellaneous  capital
projects fund, healthcare IT capital account (32216).
  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:
  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. $1,950,000,000 from the general fund to the  miscellaneous  special
revenue fund, mental hygiene patient income account (21909).
  3.  $1,550,000,000  from the general fund to the miscellaneous special
revenue fund, mental hygiene program fund account (21907).
  4. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene program fund account (21907), to the general fund.
  5.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the general fund.
  6. $3,800,000 from the  miscellaneous  special  revenue  fund,  mental
hygiene patient income account (21909), to the agencies internal service
fund, civil service EHS occupational health program account (55056).

S. 6405                            96                            A. 9005

  7.  $5,000,000  from  the  chemical dependance service fund, substance
abuse services  fund  account  (22700),  to  the  miscellaneous  capital
projects fund, chemical dependance service capital account.
  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.  $10,500,000  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. $6,300,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, crimes against revenue program account (22015).
  6.  $8,600,000  from  the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
  7. $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.
  8.  $53,500,000  from  the general fund to the correctional facilities
capital improvement fund (32350).
  9. $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.
  10. $10,000,000 from the miscellaneous special revenue fund, statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  11. $2,900,000 from the  miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  12.  $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.
  13.  $1,000,000 from the general fund to the agencies internal service
fund, center for employment opportunities NWP account.
  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).
  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.  $1,240,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the dedicated  highway  and  bridge  trust
fund (30050).
  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.  $750,000,000  from  the  general fund to the dedicated highway and
bridge trust fund (30050).
  6. $936,000 from the  miscellaneous  special  revenue  fund,  accident
prevention  course program account (22094), to the dedicated highway and
bridge trust fund (30050).

S. 6405                            97                            A. 9005

  7. $1,234,000 from the miscellaneous special revenue fund,  motorcycle
safety  account  (21976), to the dedicated highway and bridge trust fund
(30050).
  8.  $309,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
  9. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to  the  dedicated  highway  and  bridge
trust  fund  (30050),  for  disbursements  made from such fund for motor
carrier safety that are in excess of the amounts deposited in the  dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  10. $34,000 from the miscellaneous special revenue fund, seized assets
account (21906), to the dedicated highway and bridge trust fund (30050).
  Miscellaneous:
  1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $500,000,000  from  the general fund to the debt reduction reserve
fund (40000).
  3. $450,000,000 from the New York state storm  recovery  capital  fund
(33000) to the revenue bond tax fund (40152).
  4.  $15,500,000  from  the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
  5. $1,840,000,000 from the general fund to the  dedicated  infrastruc-
ture investment fund.
  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, 2017:
  1. Upon request of the commissioner of environmental conservation,  up
to  $11,410,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,293,400  from
the  environmental  protection  and oil spill compensation fund (21200),
and $1,783,600 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, 2017, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the

S. 6405                            98                            A. 9005

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, 2017, 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, 2017, 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
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, 2017.
  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, 2016 through June 30, 2017 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 $996,778,300 from the general fund to  the  state  university  income
fund, state university general revenue offset account (22655) during the
period  of  July  1, 2016 through June 30, 2017 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 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

S. 6405                            99                            A. 9005

income  fund,  Long  Island  veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2017.
  S  12. 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, 2017.
  S 13. 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 14. 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, 2017, 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 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, at the request of the director of the budget,
up to $750 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 2016-17 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. 6405                            100                           A. 9005

  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 $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 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 $350 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 18. Notwithstanding any provision of law to the contrary, as  deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to  the credit of the general fund $20,000,000 for the state fiscal year
commencing April 1, 2016, the proceeds of  which  will  be  utilized  to
support energy-related state activities.
  S  19. 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  $23,000,000  from
proceeds  collected  by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation on or before March 31, 2017.
  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 transfer to the  state  university  income
fund  general  revenue  account  (22653),  in  an  amount  not to exceed
$15,000,000 for the state fiscal year commencing April 1, 2016 from  the

S. 6405                            101                           A. 9005

proceeds  collected  by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation, which amount shall be utilized to support the Clean Energy
Workforce Opportunity Program, to expand and develop clean energy educa-
tion  and  workforce  training  programs;  provided  further, that up to
$5,000,000 of such amount shall be available  to  support  Clean  Energy
Workforce  Opportunity  Program  initiatives  at state university of New
York community colleges.
  S 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by  section  21 of part I of chapter 60 of the laws of 2015, 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
[fifteen]  SIXTEEN,  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
[$3,382,279,000] $3,227,844,000, 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 [fifteen] SIXTEEN.
  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  2016.  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 2016 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. The opening paragraph of section 2 and section 47 of part  I  of
chapter  60  of  the  laws  of 2015, providing for the administration of
certain funds and accounts related to the 2015-16 budget, are amended to
read as follows:
  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, AND WITH RESPECT TO ITEM 5 UNDER THE MISCELLA-
NEOUS  CATEGORY  SET  FORTH  IN  THIS SECTION, UP TO AND AFTER MARCH 31,
2016, up to the unencumbered balance or the following amounts:
  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] WITH THE EXCEPTION OF ITEM 5 OF THE MISCELLANEOUS CATE-
GORY SET FORTH WITHIN  SECTION  TWO  OF  THIS  ACT,  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.
  S  24. Subdivision 6 of section 4 of the state finance law, as amended
by section 22 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an

S. 6405                            102                           A. 9005

account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the
budget shall,  but  not  less  than  three  days  following  preliminary
submission  to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller  an  iden-
tification  of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by  the  director
of  the  budget,  as  soon  as practicable, but not less than three days
following preliminary submission to the chairs  of  the  senate  finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the  credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted  by  the
legislature.
  [The  provisions  of  this  subdivision  shall expire on March thirty-
first, two thousand sixteen.]
  S 25. Subdivision 4 of section 40 of the state finance law, as amended
by section 23 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
  4. Every appropriation made from a fund or account to a department  or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications  expenses  and  expenses  for  other centralized services fund
programs without limit. Every appropriation shall also be available  for
the  payment  of  prior  years'  liabilities  other than those indicated
above, but only to the extent of one-half of one percent  of  the  total
amount appropriated to a department or agency in such fund or account.
  [The  provisions  of this subdivision shall expire March thirty-first,
two thousand sixteen.]
  S 26. Subparagraph (i) of paragraph (a) of subdivision  3  of  section
92-cc  of  the  state  finance law, as added by chapter 1 of the laws of
2007, is amended to read as follows:
  (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 PRIVATE SECTOR employment, [total]  AVER-
AGE  WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem-
ployment RATE prepared by the department of labor or its successor agen-
cy, and total sales tax  [collected  net  of  law  changes]  COLLECTIONS
ADJUSTED  FOR  INFLATION,  prepared  by  the  department of taxation and
finance or its successor agency. Such index  shall  be  [constructed  in
accordance  with the procedures 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] CENSUS
BUREAU or its successor agency. If the composite index declines for five
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 notifica-
tion,  the  director  of  the  budget may authorize and direct the comp-
troller 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

S. 6405                            103                           A. 9005

composite index shall have increased  for  five  consecutive  months  or
twelve  months  from  the  original  notification of the commissioner of
labor, whichever occurs earlier. Provided, however, that for every addi-
tional and consecutive monthly decline succeeding the five month decline
so noted by the commissioner of labor, the twelve month lapse date shall
be extended by one additional month; or
  S  27.  Paragraph  (a)  of  subdivision 3 of section 93-b of the state
finance law, as added by section 1 of part H of chapter 60 of  the  laws
of 2015, is amended to read as follows:
  (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 PRIVATE SECTOR employment, [total]  AVER-
AGE  WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem-
ployment RATE prepared by the department of labor or its successor agen-
cy, and total sales tax  [collected  net  of  law  changes]  COLLECTIONS
ADJUSTED  FOR  INFLATION,  prepared  by  the  department of taxation and
finance or its successor agency. Such index  shall  be  [constructed  in
accordance  with the procedures 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] CENSUS
BUREAU or its successor agency. If the composite index declines for five
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 notifica-
tion,  the  director  of  the  budget may authorize and direct the comp-
troller to transfer from the dedicated infrastructure investment fund to
the general fund such amounts as the director of the budget deems neces-
sary to meet the requirements of the state financial plan. The authority
to transfer funds under the provisions of  this  paragraph  shall  lapse
when  the  composite  index  shall  have  increased for five consecutive
months or twelve months from the original notification  of  the  commis-
sioner  of  labor, whichever occurs earlier. Provided, however, that for
every additional and consecutive monthly  decline  succeeding  the  five
month  decline  so  noted by the commissioner of labor, the twelve month
lapse date shall be extended by one additional month.
  S 28. 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

S. 6405                            104                           A. 9005

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  29.  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 25 of part I of chapter 60 of the laws
of 2015, is amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the corporation  are  hereby  authorized  to
issue  bonds  or  notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of  law,  and  other  state  costs  associated  with  such  capital
projects.  The  aggregate  principal  amount  of  bonds authorized to be
issued pursuant to this section shall not  exceed  [two]  THREE  hundred
[sixty-nine]  SIXTY-FOUR  million  [one]  EIGHT  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 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating  to  the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 27 of part I of chapter 60 of the laws of 2015,  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] FOUR
hundred [sixty-three] TWENTY-FOUR million [three] NINE  hundred  [sixty-
nine]  NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, 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 correctional facilities capital improvement  fund  to
pay  for  all  or any portion of the amount or amounts paid by the state
from appropriations  or  reappropriations  made  to  the  department  of
corrections  and  community supervision from the correctional facilities
capital improvement fund for capital projects. The aggregate  amount  of
bonds,  notes  or  other obligations authorized to be issued pursuant to
this section shall exclude bonds, notes or other obligations  issued  to
refund  or otherwise repay bonds, notes or other obligations theretofore
issued, the proceeds of which were paid  to  the  state  for  all  or  a
portion  of  the  amounts  expended  by the state from appropriations or
reappropriations made to the department  of  corrections  and  community
supervision;  provided,  however, that upon any such refunding or repay-
ment the total aggregate principal amount of outstanding bonds, notes or

S. 6405                            105                           A. 9005

other obligations may be greater than seven billion [one]  FOUR  hundred
[sixty-three]  TWENTY-FOUR  million  [three]  NINE  hundred [sixty-nine]
NINETY-NINE thousand dollars [$7,163,369,000]  $7,424,999,000,  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 obligations, which shall be
that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding  or
repayment bonds, notes or other obligations and to the price bid includ-
ing  estimated  accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
  S 31. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing finance law, as amended by section 28 of part I of chapter 60 of
the laws of 2015, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such
housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and  not  previously
reimbursed)  pursuant  to law or any prior year making capital appropri-
ations or reappropriations for the  purposes  of  the  housing  program;
provided,  however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [three] FOUR billion [one]  SIX
hundred  [fifty-three]  NINETY-SEVEN million [seven] FOUR hundred [nine-
ty-nine] SEVENTY-FOUR 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 partic-
ular 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 32. 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 29 of part I of chapter 60 of the laws of 2015, 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

S. 6405                            106                           A. 9005

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
[$8,658,881,000]  $9,147,234,000  cumulatively by the end of fiscal year
[2015-16] 2016-17.
  S 33. Subdivision 1 of section 1689-i of the public  authorities  law,
as amended by section 30 of part I of chapter 60 of the laws of 2015, 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  [forty]  FIFTY-FOUR
million dollars.
  S  34.  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 31 of
part I of chapter 60 of the laws of 2015, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$155,600,000] $167,600,000, 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  35.  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  32 of part I of chapter 60 of the laws of 2015, 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-

S. 6405                            107                           A. 9005

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,
regional infrastructure projects, A COMMERCIALIZATION CENTER IN CHAUTAU-
QUA  COUNTY,  AN  INDUSTRIAL  SCALE RESEARCH AND DEVELOPMENT FACILITY IN
CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE PROJECTS,  MARKET  NEW
YORK  PROJECTS, and other state costs associated with such projects. The
aggregate principal amount of bonds authorized to be issued pursuant  to
this  section  shall  not exceed [two] THREE billion [eight] SIX hundred
[eighty-eight] FIFTY-THREE  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-
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,  regional
infrastructure projects, A COMMERCIALIZATION CENTER IN CHAUTAUQUA  COUN-
TY,  AN  INDUSTRIAL  SCALE  RESEARCH AND DEVELOPMENT FACILITY IN CLINTON
COUNTY, UPSTATE REVITALIZATION  INITIATIVE  PROJECTS,  MARKET  NEW  YORK
PROJECTS,  and  other  state  costs  associated  with such projects, the
director of the budget is hereby authorized to enter into  one  or  more
service contracts with the dormitory authority and the corporation, none
of  which  shall  exceed  thirty  years in duration, upon such terms and
conditions as the director of the budget and the dormitory authority and
the corporation agree, so  as  to  annually  provide  to  the  dormitory
authority and the corporation, in the aggregate, a sum not to exceed the
principal,  interest,  and  related expenses required for such bonds and
notes. Any service contract entered into pursuant to this section  shall
provide  that  the  obligation  of  the  state to pay the amount therein
provided shall not constitute a debt of the state within the meaning  of
any  constitutional or statutory provision and shall be deemed executory
only to the extent of monies available and that no  liability  shall  be
incurred  by  the  state  beyond  the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned  and  pledged
by the dormitory authority and the corporation as security for its bonds
and notes, as authorized by this section.

S. 6405                            108                           A. 9005

  S  36.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 33 of part I of chapter 60 of the laws of 2015, 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] TWO billion [seven hundred seventy-five] EIGHT
million [seven] TWO hundred sixty thousand dollars, exclusive  of  bonds
issued  to fund any debt service reserve funds, pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay bonds
or notes previously issued. Such bonds  and  notes  of  the  corporation
shall  not  be  a  debt  of the state, and the state shall not be liable
thereon, nor shall they be payable out of any  funds  other  than  those
appropriated  by  the  state  to  the  corporation  for debt service and
related expenses pursuant to any service contracts executed pursuant  to
subdivision  one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
  S 37. 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 34 of part I of chapter 60 of the laws
of 2015, 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
authorized  to  be  issued  pursuant  to  this  section shall not exceed
[$440,000,000] $550,000,000, 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 38. 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  35  of
part I of chapter 60 of the laws of 2015, 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

S. 6405                            109                           A. 9005

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  [$469,800,000]  $509,600,000, 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 39. Subdivision 1 of section 386-b of the public authorities law, as
amended  by  section  36 of part I of chapter 60 of the laws of 2015, 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]
TWO  billion  [six  hundred  ninety]  SEVEN  HUNDRED TWENTY-FIVE million
dollars [$1,690,000,000] $2,725,000,000, 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  authori-
ty,  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  40.  Paragraph  (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 37 of part I of chapter 60 of the
laws of 2015, 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 eleven billion [two] SIX  hundred  [twenty-eight]  THREE  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 university construction
notes previously issued by the housing finance agency; or (2) such bonds

S. 6405                            110                           A. 9005

are issued to refund bonds of the authority or other obligations  issued
for  state  university  educational  facilities purposes and the present
value of the aggregate debt service on  the  refunding  bonds  does  not
exceed  the  present  value  of  the aggregate debt service on the bonds
refunded thereby; provided,  further  that  upon  certification  by  the
director  of  the  budget  that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two  and
March  thirty-first,  nineteen  hundred  ninety-three will generate long
term economic benefits to the state, as  assessed  on  a  present  value
basis,  such  issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of  the
aggregate  debt  service  of  the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that  rate  arrived
at  by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the  refunding  bonds
from  the  payment  dates  thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds,  including  interest
accrued  thereon  prior  to  the  issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding  bonds,  shall  not
exceed  the  weighted  average  economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not  later  than  the  earlier  of
thirty  years  or  the  expiration of the term of any lease, sublease or
other agreement relating  thereto;  provided  that  no  note,  including
renewals  thereof,  shall mature later than five years after the date of
issuance of such note. The legislature reserves the right  to  amend  or
repeal  such  limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university  construction
fund are prohibited from covenanting or making any other agreements with
or  for  the  benefit  of bondholders which might in any way affect such
right.
  S 41. Paragraph (c) of subdivision 14 of section 1680  of  the  public
authorities law, as amended by section 38 of part I of chapter 60 of the
laws of 2015, 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

S. 6405                            111                           A. 9005

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  [three]  FIVE  hundred
[ninety-two]  FORTY-EIGHT  million  [seven]  FOUR  hundred [fifty-three]
ELEVEN thousand dollars. The legislature reserves the right to amend  or
repeal  such  limit, and the state of New York, the dormitory authority,
the city university, and the fund are  prohibited  from  covenanting  or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
  S  42. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 39 of part I of chapter 60 of the laws of 2015, 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 eight hundred [thir-
ty-eight] SIXTY-ONE million four hundred [fifty-eight] FIFTY-FOUR  thou-
sand  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 43. 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 41 of part I of chapter 60 of the laws of 2015,  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 six hundred [eleven] FORTY-SEV-
EN   million   [two   hundred   fifteen]   SIXTY-FIVE  thousand  dollars
[($611,215,000)]  ($647,065,000),  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  six  hundred  [eleven]
FORTY-SEVEN  million  [two  hundred fifteen] SIXTY-FIVE thousand dollars
[($611,215,000)] ($647,065,000), only if the present value of the aggre-
gate debt service of the refunding or repayment bonds,  notes  or  other
obligations  to  be  issued  shall  not  exceed the present value of the

S. 6405                            112                           A. 9005

aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  S 44. 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 42 of part I
of chapter 60 of the laws of 2015, is amended to read as follows:
  b. The agency shall have power and is hereby authorized from  time  to
time  to  issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal  amount  as,
in  the  opinion  of  the  agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to  provide
sufficient  funds  to  the  facilities  development  corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to  paragraph  a  of  this
subdivision,  the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for  such
purposes,  the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or  the  costs  of  any  financial
mechanisms  which  may  be used to reduce the debt service that would be
payable by the agency on its mental health services facilities  improve-
ment  bonds  and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the  facilities  development
corporation,  or  any  successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not  issue
mental  health  services  facilities improvement bonds and mental health
services facilities improvement notes in an aggregate  principal  amount
exceeding  [seven]  EIGHT  billion [seven hundred twenty-two] TWENTY-ONE
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] EIGHT  billion  [seven  hundred  twenty-two]
TWENTY-ONE  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

S. 6405                            113                           A. 9005

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-
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  45.  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 43 of part I of chapter 60 of the
laws of 2015, 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 [210] 240
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 [210] 240 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

S. 6405                            114                           A. 9005

code,  any  interest  on  bond  proceeds  shall only be used to pay debt
service on such bonds.
  S 46. Notwithstanding any other provision of law to the contrary, from
the  taxes,  interest and penalties collected or received by the commis-
sioner of taxation and finance in respect of the tax imposed by the city
of New York pursuant to the authority of section  1210,  1211,  1212  or
1212-A  of the tax law,the comptroller shall pay, as directed in writing
by the director of the budget, the sum of $16,666,667 on or  before  the
twelfth  day  of  each  month  from  such  taxes, penalties and interest
collected or received by such commissioner during the previous month  to
(i) any issuers of state-related debt for the purposes of paying princi-
pal,  interest, and related expenses, or for retiring or defeasing bonds
previously issued, including any  accrued  interest  or  other  expenses
related  thereto,  for any state-related bonding program or programs, or
to (ii) a governmental fund or funds of the state  treasury.  The  comp-
troller shall make the first payment to issuers of state-related debt or
the  government  funds  on  the twelfth day of May, 2016 from the taxes,
penalties and interest collected or received during April 2016  and  the
last payment on or before the twelfth day of April, 2019 from the taxes,
penalties   and  interest  collected  or  received  during  March  2019.
Provided,  however,  that  in  no  event  shall  such  payments   exceed
$200,000,000  in  any  state fiscal year; and provided further that such
payments shall not reduce the  reasonable  costs  of  such  commissioner
under paragraph (b) of section 1261 of the tax law.
  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, 2016; provided,
however, with the exception of item 5 of the miscellaneous category  set
forth  within  section  two of this act:  (a) the provisions of sections
one through eight, and sections twelve through twenty of this act  shall
expire  March  31,  2017,  when  upon  such  date the provisions of such
sections shall be deemed repealed; and (b)  the  provisions  of  section
forty-six  of  this  act  shall expire upon the last payment made by the
comptroller pursuant to section forty-six of this  act  when  upon  such
date  the  provisions of such section shall be deemed repealed; provided
that the state comptroller shall notify the  legislative  bill  drafting
commission  upon  the  occurrence  of  the  last payment provided for in
section forty-six of this act in order that the commission may  maintain
an  accurate  and  timely effective database of the official text of the
laws of the state  of  New  York  in  furtherance  of  effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.
  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 N of this act shall  be
as specifically set forth in the last section of such Parts.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6405--A                                            A. 9005--A

                      S E N A T E - A S S E M B L Y

                            January 14, 2016
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the executive law, in relation to the appointment of an
  independent special counsel to review matters  involving  the  use  of
  deadly  physical  force  by  a  police  officer; to amend the criminal
  procedure law, in relation to grand jury reports and proceedings,  the
  district  attorney's  letter  and leave to appeal; to amend the county
  law, in relation to the appointment of a special district attorney; to
  amend the penal law, in relation to unlawful grand jury disclosure; to
  amend the executive law, in  relation  to  establishing  a  model  law
  enforcement  use  of  force  policy  and  to  reporting  duties of law
  enforcement  departments  with  respect  to  enforcement  of   certain
  violations  and misdemeanors; and to amend the criminal procedure law,
  in relation to the contents of an application  for  a  search  warrant
  (Part A); to amend 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,  in  relation  to  the
  effectiveness  thereof  (Part B); to amend the tax law, in relation to
  suspending the transfer of monies into the emergency services  revolv-
  ing  loan fund from the public safety communications account (Part C);
  to amend the executive law in relation to transferring  certain  func-
  tions  to  the  division of state police from the division of homeland
  security and emergency services (Part D); to amend chapter 268 of  the
  laws  of  1996,  amending  the education law and the state finance law
  relating to providing a recruitment incentive  and  retention  program
  for  certain  active  members of the New York army national guard, New
  York air national guard, and New York naval militia,  in  relation  to
  the effectiveness of such chapter (Part E); to amend chapter 83 of the
  laws of 1995 amending the state finance law and other laws relating to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12670-02-6

S. 6405--A                          2                         A. 9005--A

  bonds,  notes,  and revenues, in relation to making certain provisions
  permanent; and to amend chapter 1 of the laws  of  2005  amending  the
  state  finance law relating to restricting contacts in the procurement
  process and the recording of contacts relating thereto, in relation to
  making  certain  provisions  permanent (Part F); to amend the workers'
  compensation law, in relation to the authorization of certain  provid-
  ers,  the  computation  of average weekly wages basis of compensation,
  penalties of the workers' compensation board, an assumption  of  work-
  ers'  compensation  liability  insurance  policy and fund for reopened
  cases financing agreement, the authority to issue aggregate penalties,
  deposits into the aggregate trust fund, the pooled individual self-in-
  sured employer fund, workers'  compensation  board,  workers'  compen-
  sation  board's  designation  to  review  appeals or any review of any
  orders, authorizations of assessments for annual expenses, payment  of
  claims  of  affected World Trade Center volunteers and to allow public
  group self-insured employers to offer alternative coverage;  to  amend
  the  public authorities law, in relation to the assumption of workers'
  compensation liability insurance policy, and the dormitory authority's
  authority to issue bonds to reduce assessments imposed on self-insured
  employers; to amend the insurance law, in relation to large deductible
  programs; and to repeal certain provisions of the  public  authorities
  law  relating thereto (Part G); to amend the workers' compensation law
  and the insurance law, in relation to provide paid family leave  bene-
  fits;  and to repeal sections 223 and 224 of the workers' compensation
  law, relating to disability benefits (Part H);  to  amend  the  public
  authorities law, in relation to establishing the New York State Design
  and  Construction Corporation act (Part I); to amend the civil service
  law, in relation to the state's contribution to  the  cost  of  health
  insurance  premiums  for  retirees  of  the state and their dependents
  (Part J);  to  amend  the  civil  service  law,  in  relation  to  the
  reimbursement of medicare premium charges (Part K); to amend the civil
  service  law,  in  relation  to  the  expiration of public arbitration
  panels (Part L); to amend the state finance law, in  relation  to  the
  dedicated  infrastructure investment fund (Part M); to provide for the
  administration of certain funds and accounts related  to  the  2016-17
  budget, authorizing certain payments and transfers; to amend the state
  finance  law, in relation to the rainy day reserve fund, the dedicated
  infrastructure investment fund infrastructure investment account,  and
  the  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 period for which appropriations can be
  made;  to  amend  chapter  60  of  the laws of 2015, providing for the
  administration of certain funds and accounts related  to  the  2015-16
  budget,  in  relation to certain transfers and to the effectiveness of
  certain provisions thereof; to amend the New York state urban develop-
  ment 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 hous-
  ing program bonds and notes; to amend chapter 329 of the laws of 1991,
  amending the state finance law and other laws relating to  the  estab-
  lishment  of  the dedicated highway and bridge trust fund, in relation
  to the issuance of bonds; to amend  the  public  authorities  law,  in
  relation  to  the  issuance  of bonds; to amend the public authorities
  law, in relation to the dormitory authority; to amend  chapter  61  of

S. 6405--A                          3                         A. 9005--A

  the  laws  of  2005  relating  to  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 the issuance of bonds; to  amend  the  public  authorities
  law,  in  relation to the state environmental 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  chal-
  lenge grant program; to amend chapter 81 of the laws of 2002, relating
  to  providing  for  the  administration  of certain funds and accounts
  related to the 2002-2003 budget, in relation to increasing the  aggre-
  gate amount of bonds to be issued by the New York state urban develop-
  ment  corporation; to amend the public authorities law, in relation to
  financing of peace bridge  and  transportation  capital  projects;  to
  amend  the  public  authorities  law,  in  relation  to dormitories at
  certain educational institutions  other  than  state  operated  insti-
  tutions  and  statutory or contract colleges under the jurisdiction of
  the state university of New York; 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 63 of  the  laws
  of  2005,  relating to the composition and responsibilities of the New
  York state higher education capital matching grant board, in  relation
  to  increasing  the  amount  of authorized matching capital grants; to
  direct the distribution of local sales tax revenue from  the  city  of
  New  York;  and  providing  for  the repeal of certain provisions upon
  expiration thereof (Part  N);  to  amend  the  public  lands  law,  in
  relation  to  state  aid  on  certain state leased or state owned land
  (Part O); and to amend the real property tax law, in relation to prop-
  erty tax benefits for anaerobic digestion of agricultural waste  (Part
  P)

  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 2016-2017
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through P. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes 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. The executive law is amended by adding a new section 6-a to
read as follows:
  S 6-A. INDEPENDENT SPECIAL COUNSEL. 1. THE  GOVERNOR  MAY  APPOINT  AN
INDEPENDENT  SPECIAL  COUNSEL  TO  REVIEW  ANY MATTER INVOLVING CREDIBLE
ALLEGATIONS OF THE USE OF DEADLY PHYSICAL FORCE BY A POLICE  OFFICER  AS
DEFINED  IN  SUBDIVISION  THIRTY-FOUR  OF  SECTION  1.20 OF THE CRIMINAL

S. 6405--A                          4                         A. 9005--A

PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION  THIRTY-THREE
OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER
OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE  SUCH  DEADLY
PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON, AND
  (A)  AFTER  A  REVIEW  OF THE FACTS OF THE CASE, THE DISTRICT ATTORNEY
DECLINES TO PRESENT EVIDENCE TO A GRAND JURY REGARDING SUCH FATALITY; OR
  (B) AFTER PRESENTATION OF EVIDENCE TO  A  GRAND  JURY  REGARDING  SUCH
FATALITY, THE GRAND JURY DECLINES TO RETURN AN INDICTMENT ON ANY CHARGES
AGAINST SUCH POLICE OR PEACE OFFICER.
  2.  WHERE,  AS DESCRIBED IN PARAGRAPH (A) OR PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION, THE  DISTRICT  ATTORNEY  DECLINES  TO  PRESENT
EVIDENCE  TO  A  GRAND  JURY  OR  PRESENTS  EVIDENCE  AND THE GRAND JURY
DECLINES TO RETURN AN INDICTMENT, THE DISTRICT  ATTORNEY  SHALL,  WITHIN
SIXTY DAYS OF THE OCCURRENCE OF EITHER PARAGRAPH (A) OR PARAGRAPH (B) OF
SUBDIVISION  ONE  OF THIS SECTION, BUT NO MORE THAN SIX MONTHS AFTER THE
DATE OF SUCH DEATH OF SUCH UNARMED PERSON AS  DESCRIBED  IN  SUBDIVISION
ONE OF THIS SECTION, PROVIDE TO THE INDEPENDENT SPECIAL COUNSEL: (I) ALL
EVIDENTIARY  MATERIALS  GATHERED DURING THE COURSE OF THE INVESTIGATION;
(II)  WHERE  APPLICABLE,  THE  GRAND   JURY   MINUTES,   INCLUDING   THE
INSTRUCTIONS  TO  THE GRAND JURY; (III) WHERE APPLICABLE, THE GRAND JURY
EXHIBITS; AND (IV) ANY RECORDS AND ANY OTHER EVIDENCE IN THE POSSESSION,
CUSTODY, AND CONTROL OF THE DISTRICT ATTORNEY, INCLUDING BUT NOT LIMITED
TO POLICE REPORTS, PHOTOGRAPHS,  SCIENTIFIC  REPORTS,  AUDIO  AND  VIDEO
RECORDINGS, AND PHYSICAL EVIDENCE.
  3. IF THE INDEPENDENT SPECIAL COUNSEL, AFTER A REVIEW OF ALL EVIDENTI-
ARY  AND  GRAND  JURY MATERIALS AS DESCRIBED IN THIS SECTION, DETERMINES
THAT THERE WERE: (A) SUBSTANTIAL ERRORS OF  SUCH  MAGNITUDE  THAT  THERE
EXISTS  A  REASONABLE PROBABILITY THAT AN INDICTMENT WOULD HAVE RESULTED
BUT FOR THESE ERRORS, AND THAT THE PRESUMPTION OF REGULARITY AFFORDED TO
SUCH PROCEEDINGS CAN NO LONGER APPLY; OR (B) THERE EXISTS NEWLY  DISCOV-
ERED EVIDENCE OF SUCH MAGNITUDE THAT THERE EXISTS A REASONABLE PROBABIL-
ITY  THAT HAD SUCH EVIDENCE BEEN PRESENTED TO THE GRAND JURY, AN INDICT-
MENT WOULD HAVE RESULTED, THEN HE OR SHE  SHALL  REFER  THE  MATTER  FOR
CONSIDERATION  OF APPOINTMENT OF A SPECIAL DISTRICT ATTORNEY AS PROVIDED
IN SECTION SEVEN HUNDRED-ONE-A OF THE COUNTY LAW.
  4. THE EVIDENTIARY AND GRAND JURY MATERIALS PROVIDED TO THE  INDEPEND-
ENT  SPECIAL COUNSEL AS DESCRIBED IN THIS SECTION SHALL REMAIN CONFIDEN-
TIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER  ARTICLE  SIX  OF  THE
PUBLIC  OFFICERS  LAW  AND, FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF
EVIDENTIARY MATERIALS AND GRAND JURY MATERIALS BY THE DISTRICT  ATTORNEY
TO THE INDEPENDENT SPECIAL COUNSEL SHALL BE CONSIDERED ACTING WITHIN THE
SCOPE OF THE LAWFUL DISCHARGE OF THE DISTRICT ATTORNEY'S DUTIES PURSUANT
TO  PARAGRAPH  (A) OF SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL
PROCEDURE LAW, AND  THEREFORE  NOT  UNLAWFUL  DISCLOSURE  UNDER  SECTION
215.70 OF THE PENAL LAW.
  5.  FOR  PURPOSES  OF THIS ARTICLE AND PURSUANT TO SUBDIVISION FOUR OF
SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, THE GRAND  JURY  MATERIALS
PROVIDED  TO THE INDEPENDENT SPECIAL COUNSEL SHALL REMAIN SECRET, EXCEPT
THAT THE INDEPENDENT  SPECIAL  COUNSEL  IS  PERMITTED  TO  DISCLOSE  THE
EVIDENTIARY AND GRAND JURY MATERIALS TO THE GOVERNOR, OR HIS DESIGNEE AS
PART  OF  A  RECOMMENDATION  MADE  PURSUANT TO SUBDIVISION THREE OF THIS
SECTION AND SUCH DISCLOSURE SHALL NOT BE AN UNLAWFUL GRAND JURY  DISCLO-
SURE UNDER SECTION 215.70 OF THE PENAL LAW.
  6.  EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS SECTION, THE INDEPENDENT
SPECIAL COUNSEL, THE GOVERNOR, AND MEMBERS OF THE GOVERNOR'S  STAFF  MAY
NOT  FURTHER  DISCLOSE  ANY  OF THE GRAND JURY MATERIALS AS DESCRIBED IN

S. 6405--A                          5                         A. 9005--A

THIS SECTION WITH THE EXCEPTION OF THE GRAND JURY INSTRUCTIONS  PROVIDED
TO THE GRAND JURY, UNLESS AUTHORIZED BY COURT ORDER ISSUED UPON APPLICA-
TION,  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION 190.25 OF THE CRIMINAL
PROCEDURE  LAW.  FOR  THE  LIMITED  AND EXCLUSIVE PURPOSE OF MAKING SUCH
APPLICATION TO DISCLOSE GRAND JURY  MATERIAL,  THE  INDEPENDENT  SPECIAL
COUNSEL SHALL BE DEEMED A "DISTRICT ATTORNEY."
  S  2. Subdivision 1 of section 190.85 of the criminal procedure law is
amended by adding a new paragraph (d) to read as follows:
  (D) STATING ITS FINDINGS AFTER INVESTIGATION OF AN INCIDENT  INVOLVING
THE  USE  OF  DEADLY  PHYSICAL  FORCE  BY A POLICE OFFICER AS DEFINED IN
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR
A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF  SECTION  1.20
OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS,
DUTIES,  FUNCTIONS,  OR  CAPACITY,  AND WHERE SUCH DEADLY PHYSICAL FORCE
RESULTED IN THE DEATH OF AN UNARMED PERSON. THE REPORT CREATED  PURSUANT
TO  THIS  PARAGRAPH  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE CHARGES
PRESENTED, THE  LEGAL  INSTRUCTIONS,  AND  A  SUMMARY  OF  THE  EVIDENCE
PRESENTED,  PROVIDED  THAT  ALL  NAMES  AND  IDENTIFYING INFORMATION ARE
REDACTED FROM SUCH REPORT.
  S 3. The criminal procedure law is amended by  adding  a  new  section
190.86 to read as follows:
S 190.86 DISTRICT ATTORNEY LETTER.
  1. AFTER AN INVESTIGATION OF AN INCIDENT INVOLVING A POLICE OFFICER AS
DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER OR A
PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20  OF
THIS  CHAPTER,  ACTING  WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNC-
TIONS, OR CAPACITY CONCERNING ACTS THAT INCLUDE THE USE OF DEADLY  PHYS-
ICAL FORCE AGAINST AN UNARMED PERSON, AND SUCH ENCOUNTER RESULTED IN THE
DEATH  OF  SUCH UNARMED PERSON, AND WHEN A GRAND JURY DECLINES TO RETURN
AN INDICTMENT ON ANY  CHARGES  AGAINST  SUCH  POLICE  OR  PEACE  OFFICER
REGARDING  SUCH DEATH, IN LIEU OF THE ISSUANCE OF A GRAND JURY REPORT AS
SET FORTH IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 190.85 OF  THIS
ARTICLE,  THE DISTRICT ATTORNEY MAY ISSUE A LETTER TO THE PUBLIC, WITH A
COPY TO THE GOVERNOR, AND TO THE COMMISSIONER, CHIEF, OR THE  EQUIVALENT
COMMANDING  OFFICER  OF THE DEPARTMENT OR AGENCY EMPLOYING THE POLICE OR
PEACE OFFICERS INVOLVED. IN  SUCH  LETTER,  THE  DISTRICT  ATTORNEY  MAY
EXPLAIN  THE  FACTS  OF THE CASE AND MAY ALSO MAKE RECOMMENDATIONS BASED
UPON THE RESULTS OF THE GRAND JURY'S INVESTIGATION.
  2. WHEN THE DISTRICT ATTORNEY ELECTS NOT TO PRESENT SUCH A  MATTER  AS
DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS  SECTION  TO A GRAND JURY, THE
DISTRICT ATTORNEY MAY ISSUE A LETTER TO THE PUBLIC, WITH A COPY  TO  THE
GOVERNOR,  AND  TO THE COMMISSIONER, CHIEF, OR THE EQUIVALENT COMMANDING
OFFICER OF THE DEPARTMENT OR AGENCY EMPLOYING THE POLICE OR PEACE  OFFI-
CERS  INVOLVED.  IN  SUCH  LETTER, THE DISTRICT ATTORNEY MAY EXPLAIN THE
FACTS OF THE CASE, THE REASONING FOR NOT PRESENTING THE CASE TO A  GRAND
JURY, AND MAY ALSO MAKE APPROPRIATE RECOMMENDATIONS.
  3.  FOR  PURPOSES OF THIS ARTICLE, THE RELEASE OF SUCH A LETTER BY THE
DISTRICT ATTORNEY IN LIEU OF A GRAND JURY  REPORT  SHALL  BE  CONSIDERED
ACTING  WITHIN THE DISTRICT ATTORNEY'S OFFICIAL DUTIES AND THEREFORE NOT
UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW.
  S 4. Subdivision 4 of section 190.25 of the criminal procedure law  is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C)  AFTER  PRESENTATION OF EVIDENCE TO A GRAND JURY INVOLVING THE USE
OF DEADLY PHYSICAL FORCE BY A POLICE OFFICER AS DEFINED  IN  SUBDIVISION
THIRTY-FOUR  OF  SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW OR A PEACE
OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION  1.20  OF  THE

S. 6405--A                          6                         A. 9005--A

CRIMINAL  PROCEDURE  LAW,  ACTING  WITHIN  HIS  OR  HER OFFICIAL POWERS,
DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE  SUCH  DEADLY  PHYSICAL  FORCE
RESULTED IN THE DEATH OF AN UNARMED PERSON, AND SUCH GRAND JURY DECLINES
TO  RETURN  AN  INDICTMENT TO ANY CHARGES AGAINST SUCH ON-DUTY POLICE OR
PEACE OFFICER WITH RESPECT TO SUCH DEATH, A DISTRICT ATTORNEY IS AUTHOR-
IZED TO PROVIDE GRAND JURY TESTIMONY, EVIDENCE, EXHIBITS AND  THE  LEGAL
INSTRUCTIONS  TO  THE INDEPENDENT SPECIAL COUNSEL, AS DEFINED IN SECTION
SIX-A OF THE EXECUTIVE LAW, WITHIN SIXTY DAYS OF THE COMPLETION  OF  ALL
GRAND JURY ACTION IN SUCH MATTER, INCLUDING THE ISSUANCE OF A GRAND JURY
REPORT PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 190.85 OF
THIS ARTICLE.
  (D) THE GRAND JURY MATERIALS PROVIDED TO THE INDEPENDENT SPECIAL COUN-
SEL, PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL REMAIN SECRET,
PURSUANT  TO THE PROVISIONS OF THIS SECTION, EXCEPT THAT THE INDEPENDENT
SPECIAL COUNSEL IS PERMITTED TO DISCLOSE THE GRAND JURY MATERIALS TO THE
GOVERNOR AND THE GOVERNOR'S STAFF  AS  PART  OF  A  RECOMMENDATION  MADE
PURSUANT  TO  SECTION  SIX-A  OF  THE  EXECUTIVE LAW AND THEREFORE, SUCH
DISCLOSURE SHALL NOT BE AN UNLAWFUL GRAND JURY DISCLOSURE UNDER  SECTION
215.70  OF THE PENAL LAW. THE INDEPENDENT SPECIAL COUNSEL, THE GOVERNOR,
AND MEMBERS OF THE GOVERNOR'S STAFF MAY  NOT  DISCLOSE  ANY  GRAND  JURY
MATERIAL,  EXCEPT  AS  AUTHORIZED BY COURT ORDER ISSUED UPON APPLICATION
PURSUANT TO THIS SECTION, WITH THE EXCEPTION OF THE  LEGAL  INSTRUCTIONS
PROVIDED TO THE GRAND JURY WHICH HEARD EVIDENCE, AS PROVIDED IN SUBDIVI-
SION  SIX  OF SECTION SIX-A OF THE EXECUTIVE LAW. THE LEGAL INSTRUCTIONS
MAY BE MADE PUBLIC PROVIDED THAT ALL NAMES AND  IDENTIFYING  INFORMATION
ARE  REDACTED.  FOR  THE  LIMITED  AND  EXCLUSIVE PURPOSE OF MAKING SUCH
APPLICATION, THE INDEPENDENT SPECIAL COUNSEL SHALL BE DEEMED A "DISTRICT
ATTORNEY." GRAND JURY MATERIAL PROVIDED TO THE INDEPENDENT SPECIAL COUN-
SEL SHALL REMAIN CONFIDENTIAL AND SHALL NOT  BE  SUBJECT  TO  DISCLOSURE
UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S  5.  The county law is amended by adding a new section 701-a to read
as follows:
  S 701-A. SPECIAL DISTRICT ATTORNEY. NOTWITHSTANDING ANY OTHER  LAW  TO
THE  CONTRARY,  WHENEVER CREDIBLE ALLEGATIONS OF THE USE OF DEADLY PHYS-
ICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR  OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED
IN  SUBDIVISION  THIRTY-THREE  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW, ACTING WITHIN HIS OR HER OFFICIAL  POWERS,  DUTIES,  FUNCTIONS,  OR
CAPACITY,  AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF
AN UNARMED PERSON, ARE RECEIVED BY THE GOVERNOR, OR HIS DESIGNEE  PURSU-
ANT  TO  SECTION SIX-A OF THE EXECUTIVE LAW, THE GOVERNOR SHALL HAVE THE
AUTHORITY TO APPOINT A SPECIAL  DISTRICT  ATTORNEY  TO  INVESTIGATE  THE
ALLEGATIONS  AND,  WHERE  APPROPRIATE,  PROSECUTE THE CASE. SUCH SPECIAL
DISTRICT ATTORNEY SHALL BE AN ATTORNEY AT LAW RESIDING WITHIN THE STATE.
  2. THE SPECIAL DISTRICT ATTORNEY SHALL POSSESS AND  EXERCISE  ALL  THE
POWERS  AND  PERFORM  ALL  THE  DUTIES  IN  RESPECT  OF  SUCH ACTIONS OR
PROCEEDINGS, WHICH THE DISTRICT ATTORNEY IS AUTHORIZED  OR  REQUIRED  TO
EXERCISE  OR PERFORM. THE SPECIAL DISTRICT ATTORNEY SHALL BE PROVIDED BY
THE DISTRICT ATTORNEY AND/OR THE SPECIAL INDEPENDENT COUNSEL AS  DEFINED
IN  SUBDIVISION ONE OF SECTION SIX-A OF THE EXECUTIVE LAW, ALL EVIDENTI-
ARY MATERIALS AS SET FORTH IN SUBDIVISION TWO OF SECTION  SIX-A  OF  THE
EXECUTIVE LAW.
  S 6. Section 230.20 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5.  ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERN-
ING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION  MAY  SEEK

S. 6405--A                          7                         A. 9005--A

LEAVE  TO  APPEAL  FROM  SUCH ORDER TO THE COURT OF APPEALS, PURSUANT TO
SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER.
  S 7. Section 450.90 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3.  PROVIDED  THAT  A  CERTIFICATE  GRANTING LEAVE TO APPEAL IS ISSUED
PURSUANT TO SECTION 460.20 OF THIS TITLE, AN APPEAL MAY BE TAKEN TO  THE
COURT  OF  APPEALS  BY  ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE
DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION
230.20 OF THIS CHAPTER. UPON THE REQUEST OF EITHER  PARTY,  THE  HEARING
AND  DETERMINATION  OF  AN  APPEAL  GRANTED PURSUANT TO THIS SUBDIVISION
SHALL BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR  OF
THE  COURTS,  WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE BOARD OF
THE COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING  AND
DETERMINATION OF SUCH APPEALS.
  S 8. Section 215.70 of the penal law, as amended by chapter 843 of the
laws of 1980, is amended to read as follows:
S 215.70 Unlawful grand jury disclosure.
  A  person  is  guilty  of unlawful grand jury disclosure when, being a
grand juror, a public prosecutor, a grand  jury  stenographer,  a  grand
jury interpreter, a police officer or a peace officer guarding a witness
in  a  grand  jury  proceeding,  or  a clerk, attendant, warden or other
public servant having official duties in or about a grand jury  room  or
proceeding,  or  a  public  officer  or  public employee, OR INDEPENDENT
SPECIAL COUNSEL, AS DEFINED IN SUBDIVISION ONE OF SECTION SIX-A  OF  THE
EXECUTIVE  LAW,  OR  ANYONE  TO  WHOM  THE  INDEPENDENT  SPECIAL COUNSEL
DISCLOSES GRAND JURY MATERIAL PURSUANT TO PARAGRAPH (D)  OF  SUBDIVISION
FOUR  OF  SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, he OR SHE inten-
tionally discloses to another the nature or substance of any grand  jury
testimony,  or  any  decision,  result or other matter attending a grand
jury proceeding which is required by law to be kept  secret,  except  in
the proper discharge of his OR HER official duties or upon written order
of  the  court.   Nothing contained herein shall prohibit a witness from
disclosing his OR HER own testimony.
  Unlawful grand jury disclosure is a class E felony.
  S 9. Subdivision 4 of section 840 of the executive law is  amended  by
adding a new paragraph (c) to read as follows:
  (C) AS APPROPRIATE, REVIEW AND UPDATE ITS MODEL LAW ENFORCEMENT USE OF
FORCE  POLICY  SUITABLE  FOR  ADOPTION  BY  ANY  LAW  ENFORCEMENT AGENCY
THROUGHOUT THE STATE.  THE MOST CURRENT VERSION OF SUCH POLICY SHALL  BE
FILED  WITH  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES.   THE CHIEF OF
EVERY LOCAL POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE  SUPERINTEN-
DENT  OF  STATE  POLICE MUST IMPLEMENT A USE OF FORCE POLICY. THE USE OF
FORCE POLICY SHALL PROVIDE COMPREHENSIVE  GUIDANCE  TO  LAW  ENFORCEMENT
OFFICERS  ON THE PROPER USE OF FORCE, CONSISTENT WITH CURRENT LAW, AS IT
RELATES TO THE USE OF FORCE WHILE ACTING  WITHIN  HIS  OR  HER  OFFICIAL
POWERS,  DUTIES OR FUNCTIONS. THE USE OF FORCE POLICY SHOULD BE CONSIST-
ENT WITH THE MODEL LAW ENFORCEMENT POLICY AS REQUIRED  BY  THIS  SECTION
EXCEPT  THAT  A  DEPARTMENT  SHALL  NOT BE LIMITED FROM IMPOSING FURTHER
RESTRICTIONS OR ADDITIONAL GUIDANCE ON THE PROPER USE OF FORCE.
  S 10. The executive law is amended by adding a new  section  837-s  to
read as follows:
  S  837-S. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH RESPECT
TO ENFORCEMENT OF CERTAIN VIOLATIONS AND MISDEMEANORS.  1. THE CHIEF  OF
EVERY  POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF
STATE POLICE SHALL REPORT, ANNUALLY, TO THE DIVISION THE TOTAL NUMBER OF
ARRESTS MADE OR APPEARANCE TICKETS OR SUMMONSES ISSUED BY A LAW ENFORCE-

S. 6405--A                          8                         A. 9005--A

MENT OFFICER FOR OFFENSES WHICH DO NOT REQUIRE  THE  TAKING  OF  FINGER-
PRINTS  PURSUANT  TO  SUBDIVISION  ONE OF SECTION 160.10 OF THE CRIMINAL
PROCEDURE LAW. SUCH REPORTS SHALL BE IN THE FORM AND  MANNER  PRESCRIBED
BY THE DIVISION AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION DEEMS
NECESSARY INCLUDING, BUT NOT LIMITED TO, THE AGE, SEX, RACE AND ETHNICI-
TY OF THE PERSON ARRESTED OR TO WHOM AN APPEARANCE TICKET WAS ISSUED.
  2.  THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE
SUPERINTENDENT OF STATE POLICE SHALL REPORT TO THE DIVISION ANY  ARREST-
RELATED  DEATH  IN  THE  FORM  AND MANNER PRESCRIBED BY THE DIVISION. AN
ARREST-RELATED DEATH IS A DEATH  WHICH  OCCURS  DURING  LAW  ENFORCEMENT
CUSTODY  OR  AN  ATTEMPT TO ESTABLISH CUSTODY INCLUDING, BUT NOT LIMITED
TO, DEATHS CAUSED BY ANY USE OF FORCE.
  S 11. Subdivision 3 of section 690.35 of the criminal procedure law is
amended by adding a new paragraph (f) to read as follows:
  (F) A STATEMENT WHETHER THE  APPLICATION  FOR  THE  WARRANT  HAD  BEEN
PREVIOUSLY  SUBMITTED  TO  ANOTHER  JUDGE, AND IF SO, THE STATEMENT MUST
INCLUDE THE NAME OF THE JUDGE OR JUDGES  TO  WHOM  THE  APPLICATION  WAS
PREVIOUSLY  SUBMITTED,  THE  RESULT OF SUCH APPLICATION OR APPLICATIONS,
AND WHEN SUCH APPLICATION OR APPLICATIONS WERE MADE.
  S 12. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 13. This act shall take effect on the thirtieth day after  it  shall
have become a law and shall apply only to acts that occurred on or after
such effective date, except that section one of this act shall remain in
effect  until  the expiration of the term of the fifty-sixth governor of
New York State and that section eleven of this act shall take effect  on
the one hundred eightieth day after it shall have become a law.

                                 PART B

  Section  1.  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 25 of part B of chapter 55 of the laws of 2015,  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, [2016] 2017, when it shall  expire  and
be deemed repealed.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2016.

                                 PART C

  Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
law,  as  amended  by  section  1 of part D of chapter 55 of the laws of
2014, is amended to read as follows:
  (b) The sum of one million  five  hundred  thousand  dollars  must  be
deposited into the New York state emergency services revolving loan fund
annually;  provided,  however, that such sums shall not be deposited for

S. 6405--A                          9                         A. 9005--A

state fiscal years two thousand eleven--two thousand twelve,  two  thou-
sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
fifteen [and], two thousand fifteen--two thousand sixteen, TWO  THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
  S 2. This act shall take effect immediately.

                                 PART D

  Section  1.  Notwithstanding any law to the contrary, the responsibil-
ities, duties and functions, pursuant to subdivision 2 of section 70  of
the  civil  service  law,  of  the intelligence and analysis unit of the
office of counterterrorism within the division of homeland security  and
emergency services shall be transferred to the division of state police.
  S  2.  Paragraphs  (f)  and (g) of subdivision 2 of section 709 of the
executive law, as amended by section 14 of part B of chapter 56  of  the
laws of 2010, are amended to read as follows:
  (f)  coordinate  state  resources  for  the collection and analysis of
information relating to [terrorist threats and terrorist activities  and
other]  natural  and  man-made disasters throughout the state subject to
any applicable laws, rules, or regulations;
  (g) coordinate and facilitate information sharing among local,  state,
and  federal  [law  enforcement] agencies to ensure appropriate intelli-
gence to assist in the early identification of and response  to  [poten-
tial  terrorist  activities  and  other] natural and man-made disasters,
subject to any applicable laws,  rules,  or  regulations  governing  the
release, disclosure or sharing of any such information;
  S  3.  Section 709-a of the executive law, as added by section 15-a of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 709-a. Office of counterterrorism. The  office  of  counterterrorism
shall develop and analyze the state's policies, protocols and strategies
relating to the prevention and detection of terrorist acts and terrorist
threats. The office shall also be responsible for [the collection, anal-
ysis  and  sharing  of  information  relating  to  terrorist threats and
terrorist activities throughout  the  state;]  coordinating  strategies,
protocols  and  first  responder equipment needs to detect a biological,
chemical or radiological terrorist act or threat; working  with  private
entities and local, state and federal agencies to conduct assessments of
the  vulnerability  of  critical infrastructure to terrorist attack; and
consulting with appropriate state  and  local  governments  and  private
entities  to  facilitate  and  foster  cooperation to better prepare the
state to prevent and detect threats and acts of terrorism.
  S 4. 1. Transfer of records. Upon the transfer of functions,  pursuant
to section 1 of this act, the division of homeland security and emergen-
cy services shall deliver to the division of state police, all pertinent
books, papers, records and property.
  2. Existing rights and remedies preserved. No existing right or remedy
of  any  character shall be lost, impaired or affected by reason of this
act.
  3. Pending actions and proceedings. No action or proceeding pending at
the time when this act shall take effect,  brought  by  or  against  the
division  of  homeland  security  and emergency services relating to the
function, power or duty transferred to or devolved upon the division  of
state  police  shall be affected by this act, but the same may be prose-
cuted or defended in the name of the division of state police  and  upon

S. 6405--A                         10                         A. 9005--A

the  application  to  the  court,  the division of state police shall be
substituted as a party.
  4.  Completion  of  unfinished  business. Any business or other matter
undertaken or commenced by the division of homeland security  and  emer-
gency  services  pertaining  to or connected with the functions, powers,
obligations and duties transferred and assigned to the division of state
police, pending on the effective date of this act, may be conducted  and
completed  by  the division of state police in the same manner and under
the same terms and conditions and with the same effect as  if  conducted
and  completed  by  the  division  of  homeland  security  and emergency
services.
  S 5. This act shall take effect immediately.

                                 PART E

  Section 1. Section 5 of chapter 268 of the laws of 1996, amending  the
education law and the state finance law relating to providing a recruit-
ment  incentive  and retention program for certain active members of the
New York army national guard, New York air national guard, and New  York
naval  militia,  as amended by section 24 of part A of chapter 57 of the
laws of 2011, is amended to read as follows:
  S 5. This act shall take effect January 1, 1997 and shall  expire  and
be  deemed  repealed  September 1, [2016] 2021; provided that any person
who has begun to receive the benefits of this act prior to  its  expira-
tion and repeal shall be entitled to continue to receive the benefits of
this act after its expiration and repeal until completion of a baccalau-
reate  degree  or  cessation  of  status  as an active member, whichever
occurs first.
  S 2. This act shall take effect immediately.

                                 PART F

  Section 1. Subdivision 5 of section 362 of the chapter 83 of the  laws
of 1995 amending the state finance law and other laws relating to bonds,
notes  and revenues, as amended by section 37 of part L of chapter 55 of
the laws of 2012, is amended to read as follows:
  5. Sections thirty-one through forty-two of this act shall take effect
on the thirtieth day after it shall have  become  a  law  and  shall  be
deemed  to  have  been  in  full  force and effect on and after April 1,
1995[; provided that section 163 of the state finance law, as  added  by
section  thirty-three  of this act shall remain in full force and effect
until June 30, 2016  at  which  time  it  shall  expire  and  be  deemed
repealed. Contracts executed prior to the expiration of such section 163
shall  remain  in full force and effect until the expiration of any such
contract notwithstanding the expiration of certain  provisions  of  this
act].
  S  2.  Section 16 of chapter 1 of the laws of 2005, amending the state
finance law relating to restricting contacts in the procurement  process
and the recording of contacts relating thereto, as amended by chapter 62
of the laws of 2014, is amended to read as follows:
  S  16. This act shall take effect immediately; provided, however, that
sections one, six, eight, nine, ten, eleven  and  fifteen  of  this  act
shall take effect January 1, 2006; and provided, however, the amendments
to  paragraph f of subdivision 9 of section 163 of the state finance law
made by section fifteen of this act shall not affect the repeal of  such
section  and shall be deemed repealed therewith; provided, further, that

S. 6405--A                         11                         A. 9005--A

the amendments to article 1-A of the legislative law, made by this  act,
shall not affect the repeal of such article pursuant to chapter 2 of the
laws  of  1999,  as  amended,  and  shall  be deemed repealed therewith;
provided, further, that sections thirteen and fourteen of this act shall
take  effect  January  1,  2006  [and  shall be deemed repealed July 31,
2016]; provided, further, that effective immediately, the advisory coun-
cil on procurement lobbying created pursuant to section twelve  of  this
act  shall  be constituted no later than sixty days following the effec-
tive date of this act, provided that effective sixty days following  the
effective date of this act, the advisory council on procurement lobbying
shall  be  authorized  to  establish  model guidelines and to add, amend
and/or repeal any rules or regulations necessary for the  implementation
of  its  duties  under sections twelve and thirteen of this act, and the
advisory council authorized to make and complete such  model  guidelines
on  or  before  the  effective  date  of  section  thirteen of this act;
provided, further, that procurement contracts for  which  bid  solicita-
tions  have been issued prior to the effective date of this act shall be
awarded pursuant to the provisions of law in effect at the time of issu-
ance.
  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, 2016.

                                 PART G

  Section  1.  Section 13-b of the workers' compensation law, as amended
by chapter 1068 of the laws of 1960, the section  heading  and  subdivi-
sions  1 and 2 as amended by chapter 473 of the laws of 2000, and subdi-
vision 3 as amended by section 85 of part A of chapter 58 of the laws of
2010, is amended to read as follows:
  S 13-b. Authorization of [physicians] PROVIDERS, medical  bureaus  and
laboratories  by  the  chair. 1. [Upon the recommendation of the medical
society of the county in which the physician's office is located or of a
board designated by such county society or of a board representing  duly
licensed  physicians  of  any  other  school of medical practice in such
county, the chair may authorize physicians licensed to practice medicine
in the state of New York to render medical care under this  chapter  and
to  perform independent medical examinations in accordance with subdivi-
sion four of section thirteen-a of this article. If, within  sixty  days
after  the  chair  requests  such recommendations the medical society of
such county or board fails to act, or if there is  no  such  society  in
such  county,  the  chair  shall  designate a board of three outstanding
physicians, who shall make the requisite recommendations.
  No such authorization shall be made in the absence of a recommendation
of the appropriate society or board or of a review and recommendation by
the medical appeals unit. No person shall render medical care or conduct
independent medical examinations under this chapter without such author-
ization by the chair, provided, that:] AS  USED  IN  THIS  CHAPTER,  THE
FOLLOWING  DEFINITIONS  SHALL  HAVE  THE FOLLOWING MEANINGS UNLESS THEIR
CONTEXT REQUIRES OTHERWISE:
  (A) "ACUPUNCTURIST" SHALL MEAN LICENSED AS HAVING COMPLETED  A  FORMAL
COURSE  OF STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE WITH THE
EDUCATION LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AND THE
REQUIREMENTS OF THE BOARD OF REGENTS. ACUPUNCTURISTS ARE REQUIRED BY THE
EDUCATION LAW TO ADVISE, IN WRITING, EACH  PATIENT  OF  THE  REQUIREMENT
THAT  HE OR SHE CONSULT WITH A PHYSICIAN FOR THE CONDITION OR CONDITIONS
NECESSITATING ACUPUNCTURE CARE, AS PRESCRIBED BY SUCH LAW.

S. 6405--A                         12                         A. 9005--A

  (B) "AUTHORIZATION AGREEMENT" SHALL  MEAN  AN  AGREEMENT  BETWEEN  THE
CHAIR  AND  THE  PROVIDER  SIGNED  BY THE PROVIDER DESIROUS OF RENDERING
HEALTH CARE AND/OR TREATMENT TO A CLAIMANT OR CLAIMANTS INJURED  IN  THE
COURSE  OF  THEIR EMPLOYMENT AND/OR TO CONDUCT INDEPENDENT MEDICAL EXAM-
INATIONS.
  (C)  "CHAIR"  OF  THE BOARD SHALL MEAN EITHER THE CHAIR OR THE CHAIR'S
DESIGNEE.
  (D) "CHIROPRACTOR" SHALL MEAN LICENSED AND HAVING COMPLETED TWO  YEARS
OF  PREPROFESSIONAL  COLLEGE  STUDY  AND A FOUR-YEAR RESIDENT PROGRAM IN
CHIROPRACTIC IN ACCORDANCE WITH THE EDUCATION LAW, AND  CONSISTENT  WITH
THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION.
  (E)  "NURSE  PRACTITIONER"  SHALL  MEAN  A LICENSED PROFESSIONAL NURSE
CERTIFIED BY A NATIONAL CERTIFYING BODY AS HAVING COMPLETED THE REQUIRED
EDUCATIONAL PROGRAM IN ACCORDANCE WITH THE EDUCATION LAW AND  THE  REGU-
LATIONS OF THE COMMISSIONER OF EDUCATION.
  (F)  "OCCUPATIONAL  THERAPIST"  SHALL  MEAN  DULY LICENSED AS HAVING A
BACHELOR'S OR MASTER'S DEGREE IN OCCUPATIONAL THERAPY FROM A  REGISTERED
PROGRAM  WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE
RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS  OF  POSTSECONDARY
STUDY,  WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN
ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION.
  (G) "PHYSICAL THERAPIST" SHALL MEAN LICENSED IN  PHYSICAL  THERAPY  IN
ACCORDANCE  WITH THE EDUCATION LAW AND THE LICENSING REQUIREMENTS OF THE
COMMISSIONER OF EDUCATION.
  (H) "PHYSICIAN" SHALL MEAN LICENSED WITH A DEGREE OF DOCTOR  OF  MEDI-
CINE,  M.D.,  OR  DOCTOR OF OSTEOPATHY, D.O., OR AN EQUIVALENT DEGREE IN
ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIREMENTS OF  THE
STATE  BOARD  OF  MEDICINE  AND  THE  REGULATIONS OF THE COMMISSIONER OF
EDUCATION.
  (I) "PHYSICIANS' ASSISTANT" SHALL MEAN A  LICENSED  PROVIDER  WHO  HAS
GRADUATED  FROM  A TWO-TO-FOUR YEAR STATE-APPROVED PHYSICIANS' ASSISTANT
PROGRAM, HAS PASSED A  LICENSING  EXAMINATION,  AND  WHOSE  ACTIONS  AND
DUTIES ARE WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN
ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION.
  (J)  "PODIATRIST"  SHALL  MEAN  LICENSED AS HAVING RECEIVED A DOCTORAL
DEGREE IN PODIATRY IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION AND THE EDUCATION LAW, AND MUST SATISFACTORILY MEET  ALL
OTHER REQUIREMENTS OF THE STATE BOARD FOR PODIATRY.
  (K) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR,
INDEPENDENT  MEDICAL  EXAMINER,  NURSE PRACTITIONER, PHYSICAL THERAPIST,
PHYSICIAN, PHYSICIANS' ASSISTANT, PODIATRIST,  PSYCHOLOGIST,  OR  SOCIAL
WORKER SUBJECT TO AN AUTHORIZATION AGREEMENT.
  (L)  "PSYCHOLOGIST"  SHALL MEAN LICENSED AS HAVING RECEIVED A DOCTORAL
DEGREE IN PSYCHOLOGY FROM A PROGRAM OF PSYCHOLOGY  REGISTERED  WITH  THE
DEPARTMENT OF EDUCATION OR THE SUBSTANTIAL EQUIVALENT THEREOF IN ACCORD-
ANCE  WITH  THE  EDUCATION  LAW, THE REQUIREMENTS OF THE STATE BOARD FOR
PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
  (M) "SOCIAL WORKER" SHALL MEAN  LICENSED  CLINICAL  SOCIAL  WORKER.  A
LICENSED  CLINICAL SOCIAL WORKER HAS COMPLETED A MASTER'S OF SOCIAL WORK
THAT INCLUDES COMPLETION OF A CORE CURRICULUM OF AT LEAST TWELVE  CREDIT
HOURS  OF  CLINICAL  COURSES  OR  THE  EQUIVALENT POST-GRADUATE CLINICAL
COURSEWORK, IN ACCORDANCE WITH THE EDUCATION LAW AND THE COMMISSIONER OF
EDUCATION.

S. 6405--A                         13                         A. 9005--A

  [(a)] 2. Any [physician]  PROVIDER  licensed  [to  practice  medicine]
PURSUANT  TO  THE  EDUCATION LAW TO PROVIDE HEALTH CARE AND TREATMENT in
the state of New York may render emergency [medical] care AND  TREATMENT
IN  AN  EMERGENCY  HOSPITAL  OR  URGENT CARE SETTING PROVIDING EMERGENCY
TREATMENT  under  this  chapter without authorization by the chair under
this section; [and]
  [(b) A] (A) SUCH licensed [physician] PROVIDER AS  IDENTIFIED  IN  THE
OPENING  PARAGRAPH OF THIS SUBDIVISION who is [a member of a constituted
medical staff of any hospital] ON STAFF AT ANY HOSPITAL OR  URGENT  CARE
CENTER   PROVIDING   EMERGENCY  TREATMENT  may  [render]  CONTINUE  SUCH
[medical] HEALTH care under  this  chapter  while  an  injured  employee
remains a patient in such hospital OR URGENT CARE SETTING; and
  [(c)]  (B)  Under  the  [active and personal] DIRECT supervision of an
authorized [physician] PROVIDER, [medical] care may  be  rendered  by  a
registered  nurse  or other person trained in laboratory, THERAPEUTIC or
diagnostic techniques within the  scope  of  such  person's  specialized
training  and  qualifications.  This  supervision  shall be evidenced by
signed records of instructions for treatment OR CARE and signed  records
of  the  patient's  condition and progress. Reports of such treatment OR
CARE and supervision shall be made by such [physician] PROVIDER  to  the
chair on such forms and at such times as the chair may require.
  [(d)  Upon  the  referral which may be directive as to treatment of an
authorized physician physical therapy care may be  rendered  by  a  duly
licensed  physical  therapist.  Where  physical therapy care is rendered
records of the patient's condition and progress, together  with  records
of  instruction  for treatment, if any, shall be maintained by the phys-
ical therapist and physician. Said records shall  be  submitted  to  the
chair on such forms and at such times as the chair may require.
  (e) Upon the prescription or referral of an authorized physician occu-
pational  therapy  care  may be rendered by a duly licensed occupational
therapist. Where occupational therapy care is rendered  records  of  the
patient's  condition  and progress, together with records of instruction
for treatment, if any shall be maintained by the occupational  therapist
and physician. Said records shall be submitted to the chair on forms and
at such times as the chair may require.
  (f)] (C) Where it would place an unreasonable burden upon the employer
or carrier to arrange for, or for the claimant to attend, an independent
medical  examination by an authorized [physician] PROVIDER, the employer
or carrier shall arrange for such examination to be performed by a qual-
ified [physician] PROVIDER in  a  medical  facility  convenient  to  the
claimant.
  (D) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN, CARE
OR  TREATMENT  MAY  BE  RENDERED TO AN INJURED EMPLOYEE BY AN AUTHORIZED
PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST PROVIDED THE
CONDITIONS AND THE TREATMENT PERFORMED ARE AMONG THE CONDITIONS THAT THE
PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST  IS  AUTHOR-
IZED  TO  CARE  FOR  OR TREAT PURSUANT TO THE EDUCATION LAW OR THE REGU-
LATIONS OF THE COMMISSIONER OF EDUCATION.  WHERE ANY SUCH CARE OR TREAT-
MENT IS RENDERED, RECORDS  OF  THE  PATIENT'S  CONDITION  AND  PROGRESS,
TOGETHER  WITH  RECORDS  OF  INSTRUCTION FOR TREATMENT, IF ANY, SHALL BE
MAINTAINED BY THE PROVIDER OVERSEEING TREATMENT.  SAID RECORDS SHALL  BE
SUBMITTED  TO  THE  CHAIR  ON  FORMS  AND AT SUCH TIMES AS THE CHAIR MAY
REQUIRE.
  (E) A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST,  OCCUPATIONAL
THERAPIST,  ACUPUNCTURIST  OR PHYSICIAN'S ASSISTANT SHALL NOT BE CONSID-
ERED AS EVIDENCE OF (1) THE CAUSAL RELATIONSHIP OF ANY CONDITION  TO  AN

S. 6405--A                         14                         A. 9005--A

ACCIDENT OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER OR (2) DISABILITY OR
THE  DEGREE  THEREOF,  NOR  MAY ANY SUCH PROVIDER PERFORM AN INDEPENDENT
MEDICAL EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER.
  [2] 3.  A [physician licensed to practice medicine in the state of New
York  who  is]  PROVIDER  PROPERLY LICENSED OR CERTIFIED PURSUANT TO THE
REGULATIONS OF THE COMMISSIONER OF EDUCATION AND THE REQUIREMENTS OF THE
EDUCATION LAW desirous of being authorized to  render  [medical]  HEALTH
care  under  this chapter and/or to conduct independent medical examina-
tions in accordance with paragraph (b) of subdivision  four  of  section
thirteen-a  and  section  one hundred thirty-seven of this chapter shall
[file an application for  authorization  under  this  chapter  with  the
medical  society in the county in which his or her office is located, or
with a board designated by such society, or with a board  designated  by
the chair as provided in this section. In such application the applicant
shall  state  his or her training and qualifications, and shall agree to
limit his or her professional activities  under  this  chapter  to  such
medical care and independent medical examinations, as his or her experi-
ence  and  training  qualify him or her to render] SIGN AN AUTHORIZATION
AGREEMENT.  A PROVIDER AUTHORIZED BY THE BOARD PRIOR  TO  THE  EFFECTIVE
DATE  OF  THIS  SUBDIVISION MAY CONTINUE TO TREAT OR PERFORM INDEPENDENT
MEDICAL EXAMINATIONS IN ACCORDANCE WITH HIS OR HER EARLIER AUTHORIZATION
PENDING EXECUTION OF A NEW AUTHORIZATION AGREEMENT WITHIN TWELVE  MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION FOLLOWING NOTICES TO THE PROVIDER.
[The  applicant  shall  further agree to refrain] THE PROVIDER AGREES TO
ABIDE BY THE TERMS, CONDITIONS, AND LIMITATIONS OUTLINED IN THE AUTHORI-
ZATION AGREEMENT, INCLUDING, BUT NOT LIMITED TO REFRAINING  from  subse-
quently  treating  for  remuneration,  as  a private patient, any person
seeking medical treatment, or submitting to an independent medical exam-
ination, in connection with, or as a result of, any  injury  compensable
under  this  chapter,  if  he  or  she has been removed from the list of
[physicians] PROVIDERS authorized to render [medical] HEALTH care or  to
conduct  independent  medical examinations under this chapter, or if the
person seeking such treatment, or submitting to an  independent  medical
examination,  has  been  transferred  from his or her care in accordance
with the provisions of this chapter. This agreement  shall  run  to  the
benefit  of  the  injured  person  so  treated or examined, and shall be
available to him or her as a defense in any action by  such  [physician]
PROVIDER  for  payment  for  treatment OR CARE rendered by a [physician]
PROVIDER after he or she has been removed from the list of  [physicians]
PROVIDERS authorized to render [medical] HEALTH care or to conduct inde-
pendent  medical  examinations  under this chapter, or after the injured
person was transferred from his or  her  care  in  accordance  with  the
provisions of this chapter. [The medical society or the board designated
by  it,  or  the  board  as otherwise provided under this section, if it
deems such licensed physician duly qualified,  shall  recommend  to  the
chair  that  such  physician be authorized to render medical care and/or
conduct independent medical examinations under this  chapter,  and  such
recommendation  and  authorization  shall  specify  the character of the
medical care or independent medical examination which such physician  is
qualified  and authorized to render under this chapter. Such recommenda-
tions shall be advisory to the chair only and shall not  be  binding  or
conclusive  upon  him  or her. The licensed physician may present to the
medical society or board, evidences of additional qualifications at  any
time subsequent to his or her original application. If the medical soci-
ety or board fails to recommend to the chair that a physician be author-
ized  to render medical care and/or to conduct independent medical exam-

S. 6405--A                         15                         A. 9005--A

inations under this chapter, the physician may  appeal  to  the  medical
appeals  unit. The medical society or the board designated by it, or the
board as otherwise provided under this section, may upon its own  initi-
ative, or shall upon request of the chair, review at any time the quali-
fications  of  any  physician as to the character of the medical care or
independent medical examinations which such  physician  has  theretofore
been  authorized  to  render under this chapter and may recommend to the
chair that such physician be authorized to render  medical  care  or  to
conduct  independent  medical  examinations  thereafter of the character
which such physician is then  qualified  to  render.  On  such  advisory
recommendation  the  chair may review and after reasonable investigation
may revise the authorization of a physician in respect to the  character
of medical care and/or to conduct independent medical examinations which
he  or  she  is  authorized  to  render. If the medical society or board
recommends to the chair that a physician be authorized to render medical
care and/or to conduct independent medical examinations under this chap-
ter of a character different from the character of medical care or inde-
pendent medical examinations he or she has been  theretofore  authorized
to  render,  such  physician  may appeal from such recommendation to the
medical appeals unit.
  3] 4.  Laboratories and bureaus engaged in x-ray diagnosis  or  treat-
ment  or  in  physiotherapy  or  other  therapeutic procedures and which
participate in the diagnosis or treatment of injured [workmen] CLAIMANTS
under this chapter shall be operated or supervised by [qualified  physi-
cians  duly  authorized] QUALIFIED PHYSICIANS DULY AUTHORIZED under this
chapter and shall be subject to the provisions of section thirteen-c  of
this  article.  The person in charge of diagnostic clinical laboratories
[duly] authorized under this chapter shall  possess  the  qualifications
established  by  the  public  health  and  health  planning  council for
approval by the state commissioner of health or,  in  the  city  of  New
York,  the  qualifications  approved by the board of health of said city
and shall maintain the standards of work required for such approval.
  S 2. Section 13-d of the workers'  compensation  law,  as  amended  by
chapter  459 of the laws of 1944, the section heading and subdivisions 1
and 2 as amended by chapter 473 of the laws of 2000, paragraphs (a)  and
(b)  of subdivision 2 as amended and subdivision 5 as added by chapter 6
of the laws of 2007 and subdivision 4 as amended by chapter 1068 of  the
laws of 1960, is amended to read as follows:
  S  13-d. Removal of [physicians] PROVIDERS from lists of those author-
ized to render [medical] HEALTH care or to conduct  independent  medical
examinations.  1. [The medical society of the county in which the physi-
cian's office is located at the time or a board designated by such coun-
ty society or a board representing duly licensed physicians of any other
school of medical practice in such county shall  investigate,  hear  and
make  findings  with  respect to all charges as to professional or other
misconduct of any authorized physician as herein  provided  under  rules
and  procedure  to  be prescribed by the medical appeals unit, and shall
report evidence of such misconduct, with their findings and  recommenda-
tion with respect thereto, to the chair. Failure to commence such inves-
tigation within sixty days from the date the charges are referred to the
society  by the chair or submit findings and recommendations relating to
the charges within one hundred eighty days from the date the charges are
referred shall empower the chair to appoint, as  a  hearing  officer,  a
member  of  the  board,  employee, or other qualified hearing officer to
hear and report on the charges to the chair. A qualified  hearing  offi-

S. 6405--A                         16                         A. 9005--A

cer,  who is neither a member of the board, or employee thereof shall be
paid at a reasonable per diem rate to be fixed by the chair.
  Such  investigation,  hearing, findings, recommendation and report may
be made by the society or board of an adjoining county upon the  request
of  the medical society of the county in which the alleged misconduct or
infraction of this chapter occurred,  subject  to  the  time  limit  and
conditions  set  forth herein. The medical appeals unit shall review the
findings and recommendation of such medical society or board, or hearing
officer appointed by the chair upon application of the accused physician
and may reopen the matter and receive further  evidence.  The  findings,
decision  and  recommendation  of such society, board or hearing officer
appointed by the chair or medical appeals unit shall be advisory to  the
chair only, and shall not be binding or conclusive upon him or her.
  2.] The chair shall [remove from the list of physicians authorized to]
TEMPORARILY SUSPEND, REVOKE, OR OTHERWISE LIMIT THE AUTHORIZATION OF ANY
PROVIDER  TO  render  [medical]  HEALTH  care  under this chapter, or to
conduct independent medical examinations in  accordance  with  paragraph
(b) of subdivision four of section thirteen-a of this article, [the name
of  any physician who he or she shall find] SHOULD HE OR SHE FIND, after
reasonable investigation [is disqualified because such physician:], THAT
SUCH PROVIDER HAS FAILED TO RENDER COMPETENT, PROFESSIONAL,  OR  QUALITY
HEALTH CARE AND TREATMENT UNDER THIS CHAPTER.
  2.  A PROVIDER'S FAILURE TO PROVIDE THE STANDARD OF CARE OR HIS OR HER
BREACH OF THE DUTY TO PROVIDE COMPETENT, PROFESSIONAL, OR QUALITY HEALTH
CARE AND TREATMENT UNDER THIS CHAPTER CAN BE FOUND IN THE FOLLOWING ACTS
OF MISCONDUCT:
  (a) has [been guilty of] COMMITTED  professional,  MEDICAL,  or  other
misconduct or incompetency in connection with rendering medical services
under the law OR HAS VIOLATED ANY OF THE SPECIFIED GROUNDS FOR UNPROFES-
SIONAL  CONDUCT  AS  MORE  FULLY SET FORTH IN THE EDUCATION LAW, SPECIF-
ICALLY THE RULES OF THE BOARD OF REGENTS, THE OFFICE OF PROFESSIONS,  OR
THE REGULATIONS OF THE COMMISSIONER OF EDUCATION; or
  (b)  has  exceeded the limits of his or her professional competence in
rendering medical care or in conducting independent medical examinations
under the law[,] or has made materially false statements [regarding  his
or  her  qualifications in his or her application for the recommendation
of the medical society or board as provided  in  section  thirteen-b  of
this article] IN CONNECTION WITH THE AUTHORIZATION AGREEMENT; or
  (c)  has  failed  to  transmit copies of medical reports to claimant's
attorney or licensed representative as provided in  subdivision  (f)  of
section  thirteen  of  this  article;  or  has failed to submit full and
truthful medical reports of all his or her findings to the employer, and
directly to the chair or the board within the time  limits  provided  in
subdivision  four  of section thirteen-a of this article with the excep-
tion of injuries which do not require (1) more than ordinary  first  aid
or  more  than  two  treatments by a physician or person rendering first
aid, or (2) loss of time from regular duties of one day beyond the work-
ing day or shift; or
  (d) knowingly made a false statement or representation as to a materi-
al fact in any medical report made pursuant to this chapter or in testi-
fying or otherwise providing information for the purposes of this  chap-
ter; or
  (e)  has  solicited, or has employed another to solicit for himself or
herself or for another, professional treatment, examination or  care  of
an injured employee in connection with any claim under this chapter; or

S. 6405--A                         17                         A. 9005--A

  (f)  has  refused to appear before, to testify, to submit to a deposi-
tion, or to answer upon request of, the chair, board,  [medical  appeals
unit]  or  any duly authorized officer of the state, any legal question,
or to produce any relevant book [or], paper, OR RESPONSE concerning  his
or her conduct under any authorization [granted to him or her under this
chapter] OR AUTHORIZATION AGREEMENT; or
  (g) has directly or indirectly [requested, received or participated in
the division, transference, assignment, rebating, splitting or refunding
of a fee for, or has directly or indirectly requested, received or prof-
ited  by  means of a credit or other valuable consideration as a commis-
sion, discount or gratuity in connection with the furnishing of  medical
or  surgical  care,  an  independent  medical  examination, diagnosis or
treatment or service, including X-ray examination and treatment, or  for
or in connection with the sale, rental, supplying or furnishing of clin-
ical  laboratory  services  or  supplies,  X-ray  laboratory services or
supplies, inhalation therapy service or  equipment,  ambulance  service,
hospital or medical supplies, physiotherapy or other therapeutic service
or  equipment,  artificial  limbs, teeth or eyes, orthopedic or surgical
appliances or  supplies,  optical  appliances,  supplies  or  equipment,
devices  for  aid  of hearing, drugs, medication or medical supplies, or
any other goods, services or supplies prescribed for medical  diagnosis,
care  or  treatment, under this chapter; except that reasonable payment,
not exceeding the technical component fee permitted in the  medical  fee
schedule, established under this chapter for X-ray examinations, diagno-
sis or treatment, may be made by a physician duly authorized as a roent-
genologist  to any hospital furnishing facilities and equipment for such
examination, diagnosis or treatment, provided  such  hospital  does  not
also  submit  a  charge for the same services. Nothing contained in this
paragraph shall prohibit such physicians who practice  as  partners,  in
groups or as a professional corporation or as a university faculty prac-
tice  corporation  from  pooling fees and moneys received, either by the
partnership,  professional  corporation,  university  faculty   practice
corporation or group by the individual members thereof, for professional
services furnished by any individual professional member, or employee of
such  partnership,  corporation  or  group,  nor shall the professionals
constituting the partnerships, corporations,  or  groups  be  prohibited
from  sharing,  dividing or apportioning the fees and moneys received by
them or by the partnership, corporation or group in  accordance  with  a
partnership  or other agreement], WHILE TEMPORARILY SUSPENDED, BENEFITED
FROM THE SPLITTING OR POOLING OF FEES BY MANAGING OR DIRECTING A MEDICAL
PRACTICE EMPLOYING OR HIRING OTHER AUTHORIZED PROVIDERS TO RENDER TREAT-
MENT UNDER THIS CHAPTER, SUPERVISED CARE AND TREATMENT UNDER THIS  CHAP-
TER,  OR  SUBMITTED  FOR REIMBURSEMENT BOARD FORMS FOR SERVICES RENDERED
UNDER THIS CHAPTER; OR
  (H) HAS VIOLATED ANY OF THE PROVISIONS OUTLINED IN SECTION THIRTEEN OF
THIS ARTICLE, THE RULES, POLICIES, AND REGULATIONS  PROMULGATED  BY  THE
BOARD,  THE  PROVIDER'S  MEDICAL LICENSE REQUIREMENTS, AS MORE FULLY SET
FORTH IN THE PUBLIC HEALTH LAW AND THE  EDUCATION  LAW,  OR  SERIOUS  OR
RECURRING  VIOLATION  OF THE REQUIREMENTS SET FORTH IN THE AUTHORIZATION
AGREEMENT; OR
  (I) HAS BEEN SUBJECT TO A CONDITION, LIMITATION,  OR  FINDING  BY  THE
DEPARTMENT  OF  HEALTH  IN A REPORT, DETERMINATION, OR ANY TYPE OF ORDER
RESULTING FROM ALLEGATIONS OF MISCONDUCT.
  3. [Any person who violates or attempts to violate, and any person who
aids another to violate  or  attempts  to  induce  him  to  violate  the
provisions  of paragraph (g) of subdivision two of this section shall be

S. 6405--A                         18                         A. 9005--A

guilty of a misdemeanor] ONCE SUSPENDED, REVOKED, OR LIMITED, A  SURGEON
MAY PROVIDE ONLY REQUIRED AND NECESSARY POST-SURGICAL CARE AND TREATMENT
TO  A WORKERS' COMPENSATION PATIENT RECOVERING FROM A SURGICAL PROCEDURE
PERFORMED  WITHIN A REASONABLE TIME FRAME PRIOR TO THE EFFECTIVE DATE OF
THE PROVIDER'S AUTHORIZATION SUSPENSION OR REVOCATION.
  4. [Nothing] IN ADDITION TO THE POWER OR DUTY OF THE CHAIR  TO  TEMPO-
RARILY  SUSPEND,  REVOKE,  OR  OTHERWISE  LIMIT  THE  AUTHORIZATION OF A
PROVIDER IN THE EVENT THAT ONE OF THE ACTS OF PROFESSIONAL, MEDICAL,  OR
OTHER  MISCONDUCT  IS  FOUND  TO EXIST, NOTHING in this section shall be
construed as limiting in any respect the [power or duty of the chairman]
CHAIR'S AUTHORITY to [investigate instances of misconduct, either before
or after investigation by a medical society or board as herein provided,
or to temporarily suspend the authorization of any physician that he may
believe to be guilty of such misconduct] IMPOSE A  FINE  NOT  TO  EXCEED
FIVE THOUSAND DOLLARS.
  [5.  Whenever  the department of health shall conduct an investigation
with respect to charges of professional or other misconduct by a  physi-
cian  which  results  in  a  report, determination or consent order that
includes a finding of professional or other misconduct  or  incompetency
by  such  physician,  the  chair  shall have full power and authority to
temporarily suspend, revoke or otherwise limit the  authorization  under
this  chapter  of  any  physician upon such finding by the department of
health that the physician has  been  guilty  of  professional  or  other
misconduct.  The  recommendations  of  the department of health shall be
advisory to the chair only and shall not be binding or  conclusive  upon
the chair.]
  S  3.  Subdivision 2 of section 13-k of the workers' compensation law,
as amended by chapter 473 of the laws of 2000, is  amended  to  read  as
follows:
  2.  An  employee  injured  under  circumstances which make such injury
compensable under this article, when care is required for an  injury  to
the  foot  which injury or resultant condition therefrom may lawfully be
treated by a duly registered and licensed podiatrist of the state of New
York, may select to treat him or her any podiatrist  authorized  by  the
chair to render podiatry care, as hereinafter provided. If the injury or
condition is one which is without the limits prescribed by the education
law  for  podiatry  care  and treatment, or the injuries involved affect
other parts of the body in addition to the  foot,  the  said  podiatrist
must  so  advise  the  said  injured employee and instruct him or her to
consult a physician of said employee's choice for appropriate  care  and
treatment.  Such physician shall thenceforth have overall supervision of
the treatment of said patient  including  the  future  treatment  to  be
administered  to the patient by the podiatrist. If for any reason during
the period when podiatry treatment and care is  required,  the  employee
wishes  to  transfer his or her treatment and care to another authorized
podiatrist he or she may do so, in accordance with rules  prescribed  by
the  chair,  provided  however that the employer shall be liable for the
proper fees of the original podiatrist for the care and treatment he  or
she  shall have rendered. [A podiatrist licensed and registered to prac-
tice podiatry in the state of New York who is desirous of being  author-
ized  to render podiatry care under this section and/or to conduct inde-
pendent  medical  examinations  in  accordance  with  paragraph  (b)  of
subdivision three of this section shall file an application for authori-
zation under this section with the podiatry practice committee.  In such
application  he or she shall agree to refrain from subsequently treating
for remuneration, as a private  patient,  any  person  seeking  podiatry

S. 6405--A                         19                         A. 9005--A

treatment,  or  submitting  to  an  independent  medical examination, in
connection with, or as a result of, any injury  compensable  under  this
chapter,  if  he  or  she  has been removed from the list of podiatrists
authorized  to  render  podiatry  care or to conduct independent medical
examinations under this chapter, or if the person seeking such treatment
has been transferred from  his  or  her  care  in  accordance  with  the
provisions  of  this section. This agreement shall run to the benefit of
the injured person so treated or examined, and shall be available to him
or her as a defense in any action by such  podiatrist  for  payment  for
treatment rendered by a podiatrist after he or she has been removed from
the list of podiatrists authorized to render podiatry care or to conduct
independent  medical  examinations  under  this  section,  or  after the
injured person was transferred from his or her care in  accordance  with
the  provisions  of  this section. The podiatry practice committee if it
deems such licensed podiatrist duly qualified  shall  recommend  to  the
chair  that such podiatrist be authorized to render podiatry care and/or
to conduct independent medical examinations  under  this  section.  Such
recommendation  shall  be  advisory  to  the chair only and shall not be
binding or conclusive upon him or her.]  The  chair  shall  prepare  and
establish  a  schedule  for  the  state, or schedules limited to defined
localities, of charges and fees for podiatry treatment and care,  to  be
determined  in  accordance  with and to be subject to change pursuant to
rules promulgated by the chair. Before preparing such schedule  for  the
state  or  schedules  for limited localities the chair shall request the
podiatry practice committee to submit to him or  her  a  report  on  the
amount  of remuneration deemed by such committee to be fair and adequate
for the types of podiatry care to be rendered under  this  chapter,  but
consideration  shall  be  given to the view of other interested parties.
The amounts payable by the employer  for  such  treatment  and  services
shall be the fees and charges established by such schedule.
  Section 4. Section 13-g of the workers' compensation law is amended to
read as follows:
  S  13-g. Payment of bills for medical care. (1) Within forty-five days
after a bill FOR MEDICAL CARE OR SUPPLIES DELIVERED PURSUANT TO  SECTION
THIRTEEN  OF  THIS  CHAPTER  has  been  rendered to the employer [by the
hospital, physician or self-employed physical or occupational  therapist
who  has  rendered  treatment  pursuant  to  a referral from the injured
employee's authorized physician or authorized podiatrist  for  treatment
to  the injured employee,] such employer must pay the bill or notify the
MEDICAL CARE PROVIDER OR SUPPLIER IN THE FORMAT PRESCRIBED BY THE  CHAIR
[hospital, physician or self-employed physical or occupational therapist
in  writing] that the bill is not being paid and explain the reasons for
non-payment. In the event that the employer fails  to  make  payment  or
notify the hospital, physician or self-employed physical or occupational
therapist  within  such  forty-five day period that payment is not being
made, THE MEDICAL PROVIDER OR SUPPLIER [the hospital,  physician,  self-
employed physical therapist or self-employed occupational therapist] may
notify the [chair] BOARD IN THE FORMAT PRESCRIBED BY THE CHAIR [in writ-
ing]  that the bill has not been paid and request that the board make an
award for payment of such bill. The board or the chair may make an award
not in excess of the established fee schedules for any such bill or part
thereof which remains unpaid after said forty-five day period or  thirty
days after all other questions duly and timely raised in accordance with
the provisions of this chapter, relating to the employer's liability for
the payment of such amount, shall have been finally determined adversely
to the employer, whichever is later, in accordance with rules promulgat-

S. 6405--A                         20                         A. 9005--A

ed  by  the  chair, and such award may be collected in like manner as an
award of compensation. The chair shall assess the sum of  fifty  dollars
against  the  employer  for each such award made by the board, which sum
shall be paid into the state treasury.
  In  the event that the employer has provided an explanation in writing
why the bill has not been paid, in part or in full, within the aforesaid
time period, and the parties can not agree as to the  value  of  medical
aid  rendered  under  this chapter, such value shall be decided by arbi-
tration [if requested by the hospital, physician or self-employed  phys-
ical  or  occupational  therapist,  in accordance with the provisions of
subdivision two or subdivision three of this  section,  as  appropriate,
and] AS SET FORTH IN rules and regulations promulgated by the chair.
  Where  a  [physician,  physical  or  occupational  therapist] bill FOR
MEDICAL CARE OR SUPPLIES has been determined to  be  due  and  owing  in
accordance  with  the provisions of this section the board shall include
in the amount of the award interest of not more than  one  and  one-half
per cent (1 1/2%) per month payable to the [physician, physical or occu-
pational  therapist,]  MEDICAL  CARE  PROVIDER OR SUPPLIER in accordance
with the rules and regulations promulgated by the board. Interest  shall
be  calculated  from  the forty-fifth day after the bill was rendered or
from the thirtieth day after all other questions duly and timely  raised
in  accordance  with  the  provisions  of  this chapter, relating to the
employer's liability for the payment of such  amount,  shall  have  been
finally  determined  adversely  to  the employer, whichever is later, in
accordance with rules promulgated by the chair.
  (2) (a) If the parties fail to agree  to  the  value  of  medical  aid
rendered  under  this chapter and the amount of the disputed bill is one
thousand dollars or less, or if the amount of the disputed medical  bill
exceeds  one  thousand dollars and the [health] MEDICAL care provider OR
SUPPLIER expressly so requests, such value shall be decided by a  single
arbitrator  process,  pursuant  to  rules promulgated by the chair. [The
chair shall appoint a physician who is a member in good standing of  the
medical  society of the state of New York to determine the value of such
disputed medical bill.   Where the physician  whose  charges  are  being
arbitrated  is  a  member  in  good standing of the New York osteopathic
society, the value of such disputed bill shall be determined by a member
in good standing of the New York osteopathic society  appointed  by  the
chair.  Where  the  physician  whose  charges  are being arbitrated is a
member in good standing of the New York homeopathic society,  the  value
of  such  disputed bill shall be determined by a member in good standing
of the New York homeopathic society appointed by the  chair.  Where  the
value  of  physical therapy services or occupational therapy services is
at issue, such value shall be determined by a member in good standing of
a  recognized  professional  association  representing  its   respective
profession  in  the state of New York appointed by the chair.] Decisions
rendered under the single arbitrator process shall  be  conclusive  upon
the parties as to the value of the services in dispute.
  (b)  If  the  parties  fail  to  agree  as to the value of medical aid
rendered under this chapter and the amount of the disputed bill  exceeds
one  thousand  dollars,  such  value  shall be decided by an arbitration
committee unless the health care provider expressly  requests  a  single
arbitrator process in accordance with paragraph (a) of this subdivision.
[The  arbitration committee shall consist of one physician designated by
the president of the medical society of the county in which the  medical
services  were  rendered,  one  physician who is a member of the medical
society of the state of New York, appointed by the employer or  carrier,

S. 6405--A                         21                         A. 9005--A

and  one physician, also a member of the medical society of the state of
New York, appointed by the chair of the workers' compensation board.  If
the  physician  whose  charges  are being arbitrated is a member in good
standing of the New York osteopathic society or the New York homeopathic
society,  the  members of such arbitration committee shall be physicians
of such organization, one to be  appointed  by  the  president  of  that
organization,  one by the employer or carrier and the third by the chair
of the workers' compensation board. Where the value of physical  therapy
services  is  at  issue  and the amount of the disputed bill exceeds one
thousand dollars, the arbitration committee shall consist of a member in
good standing of  a  recognized  professional  association  representing
physical  therapists in the state of New York appointed by the president
of such organization, a physician designated by the employer or  carrier
and  a  physician  designated  by the chair of the workers' compensation
board provided however, that the chair finds that there are a sufficient
number of physical therapy arbitrations in a geographical area comprised
of one or more counties to warrant a  committee  so  comprised.  In  all
other cases where the value of physical therapy services is at issue and
the  amount of the disputed bill exceeds one thousand dollars, the arbi-
tration committee shall be similarly selected and identical in  composi-
tion,  provided  that  the physical therapist member shall serve without
remuneration, and provided further that in the event a  physical  thera-
pist  is not available, the committee shall be comprised of three physi-
cians designated in the same manner as  in  cases  where  the  value  of
medical aid is at issue.
  (c)  Where  the value of occupational therapy services is at issue the
arbitration committee shall consist of a member in good  standing  of  a
recognized professional association representing occupational therapists
in  the  state  of New York appointed by the president of such organiza-
tion; a physician designated by the employer or carrier and a  physician
designated  by  the  chair  of the workers' compensation board provided,
however, that the chair finds that there  are  a  sufficient  number  of
occupational  therapy  arbitrations  in a geographical area comprised of
one or more counties to warrant a committee so comprised.  In all  other
cases  where  the value of occupational therapy services is at issue and
the amount of the disputed bill exceeds one thousand dollars, the  arbi-
tration  committee shall be similarly selected and identical in composi-
tion, provided that the occupational therapist member shall serve  with-
out remuneration, and provided further that in the event an occupational
therapist  is  not  available, the committee shall be comprised of three
physicians designated in the same manner as in cases where the value  of
medical  aid  is  at  issue.] THE ARBITRATION COMMITTEE SHALL HAVE THREE
MEMBERS DESIGNATED BY THE CHAIR IN CONSULTATION WITH THE MEDICAL  DIREC-
TOR'S  OFFICE  OF THE WORKERS' COMPENSATION BOARD. The majority decision
of any such arbitration committee shall be conclusive upon  the  parties
as to the value of the services in dispute.
  (3)  [(a)  If an employer shall have notified the hospital in writing,
as provided in subdivision one of this section, why  the  bill  has  not
been  paid,  in  part or in full, and the amount of the disputed bill is
one thousand dollars or less,  or  where  the  amount  of  the  disputed
medical  bill exceeds one thousand dollars and the hospital expressly so
requests, such value shall be decided by a  single  arbitrator  process,
pursuant  to  rules  promulgated by the chair. The chair shall appoint a
physician in good standing licensed to practice in  New  York  state  to
determine  the value of such disputed bill. Decisions rendered under the

S. 6405--A                         22                         A. 9005--A

administrative resolution procedure shall be conclusive upon the parties
as to the value of the services in dispute.
  (b)  If  an  employer  shall have notified the hospital in writing, as
provided in subdivision one of this section, why the bill has  not  been
paid,  in  part  or in full, and the amount of the disputed bill exceeds
one thousand dollars, the value of such bill shall be determined  by  an
arbitration  committee  appointed  by  the chair for that purpose, which
committee shall consider all of the charges of the hospital, unless  the
hospital  expressly  requests  a  single  arbitrator process pursuant to
paragraph (a) of this subdivision. The committee shall consist of  three
physicians.  One  member  of the committee may be nominated by the chair
upon recommendation of the president of the hospital association of  New
York  state and one member may be nominated by the employer or insurance
carrier. The majority decision of any such committee shall be conclusive
upon the parties as to the value of the services rendered. The chair may
make reasonable rules and regulations consistent with the provisions  of
this section.
  (4)] A provider initiating an arbitration, including a single arbitra-
tor  process,  pursuant to this section shall not pay a fee to cover the
costs related to the conduct of such  arbitration.  Each  member  of  an
arbitration  committee  for  medical  bills, and each member of an arbi-
tration 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' compen-
sation board.
  [(5)](4) In claims where the employer has  failed  to  secure  compen-
sation  to  his  employees as required by section fifty of this chapter,
the board may make an award TO A MEDICAL CARE PROVIDER OR  SUPPLIER  for
the  value  of medical [and podiatry] services or SUPPLIES, OR treatment
rendered to such employees, in accordance with the schedules of fees and
charges prepared and established under the provisions of [section  thir-
teen,  subdivision  a, and section thirteen-k, subdivision two, of] this
chapter[, and for the reasonable value of hospital  care  in  accordance
with  the  charges currently in force in hospitals in the same community
for cases coming within the provisions  of  this  chapter].  Such  award
shall  be  made to the [physician, podiatrist, or hospital] MEDICAL CARE
PROVIDER OR SUPPLIER entitled thereto. A default in the payment of  such
award  may  be  enforced  in  the manner provided for the enforcement of
compensation awards as set forth in section twenty-six of this chapter.
  In all cases coming under this subdivision the payment of the claim of
the physician, podiatrist, or hospital for medical, podiatry, or  surgi-
cal  services  or treatment shall be subordinate to that of the claimant
or his beneficiaries.
  [(6)](5) Notwithstanding any  inconsistent  provision  of  law,  arbi-
tration  regarding  payments  for  inpatient  hospital  services for any
patient discharged on or after January first, nineteen  hundred  ninety-
one  and  prior  to  December  thirty-first, nineteen hundred ninety-six
shall be resolved in accordance with paragraph (d) of subdivision  three
of section twenty-eight hundred seven-c of the public health law.
  S  5.  Subdivision 2 of section 13-l of the workers' compensation law,
as amended by chapter 473 of the laws of 2000, is  amended  to  read  as
follows:
  2.  An  employee  injured  under  circumstances which make such injury
compensable under this article, when care  is  required  for  an  injury
which  consists solely of a condition which may lawfully be treated by a
chiropractor as defined in section sixty-five hundred fifty-one  of  the

S. 6405--A                         23                         A. 9005--A

education  law  may  select to treat him or her, any duly registered and
licensed chiropractor of the state of New York, authorized by the  chair
to  render  chiropractic  care as hereinafter provided. If the injury or
condition is one which is outside the limits prescribed by the education
law  for  chiropractic care and treatment, the said chiropractor must so
advise the said injured employee and instruct him or her  to  consult  a
physician  of said employee's choice for appropriate care and treatment.
Such physician shall thenceforth have supervision of  the  treatment  of
said  condition including the future treatment to be administered to the
patient by the chiropractor. [A chiropractor licensed and registered  to
practice chiropractic in the state of New York, who is desirous of being
authorized  to  render  chiropractic  care  under this section and/or to
conduct independent medical examinations in  accordance  with  paragraph
(b)  of  subdivision three of this section shall file an application for
authorization under this section with the chiropractic practice  commit-
tee.  In  such  application he or she shall agree to refrain from subse-
quently treating for remuneration, as  a  private  patient,  any  person
seeking  chiropractic treatment, or submitting to an independent medical
examination, in connection with, or as a result of, any injury compensa-
ble under this chapter, if he or she has been removed from the  list  of
chiropractors authorized to render chiropractic care or to conduct inde-
pendent  medical examinations under this chapter, or if the person seek-
ing such treatment has been transferred from his or her care in  accord-
ance  with  the  provisions of this section. This agreement shall run to
the benefit of the injured person so treated, or examined, and shall  be
available  to him or her as a defense in any action by such chiropractor
for payment rendered by a chiropractor after he or she has been  removed
from the list of chiropractors authorized to render chiropractic care or
to conduct independent medical examinations under this section, or after
the  injured  person  was transferred from his or her care in accordance
with the provisions of this section. The chiropractic practice committee
if it deems such licensed chiropractor duly qualified shall recommend to
the chair that such be authorized to render chiropractic care and/or  to
conduct independent medical examinations under this section. Such recom-
mendations  shall be advisory to the chair only and shall not be binding
or conclusive upon him or her.] The chair shall prepare and establish  a
schedule  for  the  state, or schedules limited to defined localities of
charges and fees for chiropractic treatment and care, to  be  determined
in accordance with and to be subject to change pursuant to rules promul-
gated  by  the  chair.   Before preparing such schedule for the state or
schedules for limited localities the chair shall request the  chiroprac-
tic practice committee to submit to him or her a report on the amount of
remuneration  deemed  by  such committee to be fair and adequate for the
types of chiropractic care  to  be  rendered  under  this  chapter,  but
consideration  shall  be  given to the view of other interested parties,
the amounts payable by the employer  for  such  treatment  and  services
shall be the fees and charges established by such schedule.
  S  6.  Subdivisions  2  and  3  and  paragraph (b) of subdivision 4 of
section 13-m of the workers' compensation law, subdivision 2 as added by
chapter 589 of the laws of 1989 and subdivision 3 and paragraph  (b)  of
subdivision 4 as amended by chapter 473 of the laws of 2000, are amended
to read as follows:
  2.  (a)  An  injured  employee, injured under circumstances which make
such injury compensable under this article, may  lawfully  be  treated[,
upon  the  referral of an authorized physician,] by a psychologist, duly
registered and licensed by the state of  New  York,  authorized  by  the

S. 6405--A                         24                         A. 9005--A

chairman  to  render psychological care pursuant to [this] section THIR-
TEEN-B OF THIS ARTICLE.  Such services shall be within the scope of such
psychologist's specialized training and  qualifications  as  defined  in
article one hundred fifty-three of the education law.
  (b)  Medical  bureaus,  medical  centers jointly operated by labor and
management representatives, hospitals and health  maintenance  organiza-
tions, authorized to provide medical care pursuant to section thirteen-c
of this chapter, may provide psychological services when required[, upon
the  referral of an authorized physician, provided such care is rendered
by a duly registered, licensed and authorized psychologist, as  required
by this section].
  (c)  A  psychologist  rendering service pursuant to this section shall
maintain records of the patient's psychological condition and treatment,
and such records or reports shall be submitted to the chairman  on  such
forms and at such times as the chairman may require.
  3.  [A psychologist, licensed and registered to practice psychology in
the state of New York, who is desirous of  being  authorized  to  render
psychological  care  under  this  section  and/or to conduct independent
medical examinations in accordance with  paragraph  (b)  of  subdivision
four  of  this section shall file an application for authorization under
this section with the psychology practice committee. The applicant shall
agree to refrain from  subsequently  treating  for  remuneration,  as  a
private  patient, any person seeking psychological treatment, or submit-
ting to an independent medical examination, in connection with, or as  a
result  of,  any injury compensable under this chapter, if he or she has
been removed from the list of psychologists authorized to render psycho-
logical care under this chapter. This agreement shall run to the benefit
of the injured person so treated, and shall be available as a defense in
any action by such psychologist for payment for  treatment  rendered  by
such  psychologist  after  being  removed from the list of psychologists
authorized to  render  psychological  care  or  to  conduct  independent
medical examinations under this section. The psychology practice commit-
tee  if  it deems such licensed psychologist duly qualified shall recom-
mend to the chair that such person be authorized to render psychological
care and/or to  conduct  independent  medical  examinations  under  this
section.  Such  recommendations  shall be only advisory to the chair and
shall not be binding or conclusive.] The chair shall prepare and  estab-
lish a schedule for the state or schedules limited to defined localities
of  charges  and fees for psychological treatment and care, to be deter-
mined in accordance with and be subject  to  change  pursuant  to  rules
promulgated  by  the chair. Before preparing such schedule for the state
or schedules for limited localities the chair shall request the psychol-
ogy practice committee to submit to such chair a report on the amount of
remuneration deemed by such committee to be fair and  adequate  for  the
types  of  psychological  care  to  be  rendered under this chapter, but
consideration shall be given to the view of  other  interested  parties.
The  amounts  payable  by  the  employer for such treatment and services
shall be the fees and charges established by such schedule.
  (b) Upon receipt of the notice provided for by paragraph (a)  of  this
subdivision,  the  employer, the carrier, and the claimant each shall be
entitled to have the claimant  examined  by  a  qualified  psychologist,
authorized  by  the chair in accordance with [subdivision three of this]
section THIRTEEN-B OF THIS ARTICLE and section one hundred  thirty-seven
of this chapter, at a medical facility convenient to the claimant and in
the presence of the claimant's psychologist, and refusal by the claimant
to  submit to such independent medical examination at such time or times

S. 6405--A                         25                         A. 9005--A

as may reasonably be necessary in the opinion of the board shall bar the
claimant from recovering compensation, for any period during which he or
she has refused to submit to such examination.
  S  7. Section 14 of the workers' compensation law, as amended by chap-
ter 925 of the laws of 1937, subdivisions 1 and 2 as amended by  chapter
94  of  the laws of 1946, subdivision 3 as amended by chapter 277 of the
laws of 1941, subdivision 5 as amended by chapter 730  of  the  laws  of
1978,  subdivision  6  as  amended  by chapter 6 of the laws of 2007 and
subdivision 7 as amended by chapter 169 of the laws of 2007, is  amended
to read as follows:
  S 14. Weekly wages basis of compensation. Except as otherwise provided
in this chapter, the average weekly wages of the injured employee at the
time  of  the  injury  shall be taken as the basis upon which to compute
compensation or death benefits, and shall be determined as follows:
  1. [If the injured employee shall have worked  in  the  employment  in
which  he  was working at the time of the accident, whether for the same
employer or not, during substantially the whole of the year  immediately
preceding his injury, his average annual earnings shall consist of three
hundred times the average daily wage or salary for a six-day worker, and
two  hundred sixty times the average daily wage or salary for a five-day
worker, which he shall have earned in such employment  during  the  days
when so employed;
  2.  If  the  injured employee shall not have worked in such employment
during substantially the whole of such year, his  average  annual  earn-
ings,  if  a  six-day  worker,  shall consist of three hundred times the
average daily wage or salary, and, if a five-day worker, two hundred and
sixty times the average daily wage or salary, which an employee  of  the
same class working substantially the whole of such immediately preceding
year in the same or in a similar employment in the same or a neighboring
place  shall  have  earned  in  such  employment during the days when so
employed;
  3. If either of the foregoing methods of arriving at the annual  aver-
age  earnings  of  an  injured  employee cannot reasonably and fairly be
applied, such annual average earnings  shall  be  such  sum  as,  having
regard  to  the  previous  earnings of the injured employee and of other
employees of the same or most similar class, working in the same or most
similar employment, or other employment as defined in this  chapter,  in
the  same or neighboring locality, shall reasonably represent the annual
earning capacity of the injured employee in the employment in  which  he
was  working at the time of the accident, provided, however, his average
annual earnings shall consist of not less than  two  hundred  times  the
average  daily wage or salary which he shall have earned in such employ-
ment during the days when so employed, further provided,  however,  that
if the injured employee shall have been in the military or naval service
of  the  United  States or of the state of New York within twelve months
prior to his injury, and his average annual earnings  cannot  be  fairly
determined under subdivisions one and two, then the average annual earn-
ings  shall  be  determined by multiplying his average daily wage during
the days so employed by not less than two hundred and forty;
  4. The average weekly wages of an employee shall  be  one-fifty-second
part  of  his average annual earnings;] THE AVERAGE WEEKLY WAGE SHALL BE
DETERMINED BY COMPUTING THE TOTAL WAGES PAID TO THE EMPLOYEE DURING  THE
THIRTEEN  WEEKS IMMEDIATELY PRECEDING THE DATE OF INJURY AND DIVIDING BY
THIRTEEN, PROVIDED THAT:
  A. IF THE EMPLOYEE WORKED LESS THAN THIRTEEN WEEKS IN  THE  EMPLOYMENT
IN  WHICH  THE  EMPLOYEE  WAS  INJURED, THE AVERAGE WEEKLY WAGE SHALL BE

S. 6405--A                         26                         A. 9005--A

BASED UPON THE TOTAL WAGE EARNED BY THE EMPLOYEE IN  THE  EMPLOYMENT  IN
WHICH  THE  EMPLOYEE  WAS  INJURED, DIVIDED BY THE TOTAL NUMBER OF WEEKS
ACTUALLY WORKED IN THAT EMPLOYMENT;
  B.  IF  THE  INJURED  EMPLOYEE  SUSTAINS  A  COMPENSABLE INJURY BEFORE
COMPLETING HIS OR HER FIRST WORK WEEK, OR IF THE INJURED EMPLOYEE  IS  A
SEASONAL  EMPLOYEE, OR IF THE EARNINGS ARE AT AN IRREGULAR RATE, SUCH AS
PIECEWORK, OR ON A COMMISSION BASIS, OR ARE SPECIFIED TO  BE  BI-WEEKLY,
MONTHLY, OR OTHER PERIOD, THEN THE AVERAGE WEEKLY WAGE SHALL BE TAKEN AS
THE ACTUAL WEEKLY EARNINGS AVERAGED FOR THIS PERIOD OF TIME, NOT EXCEED-
ING ONE YEAR;
  C.  IF THERE IS INSUFFICIENT EVIDENCE AVAILABLE TO DETERMINE THE EARN-
INGS OF THE EMPLOYEE UNDER THE FOREGOING METHODS, OR IF THE PAY HAS  NOT
BEEN  DESIGNATED FOR THE WORK REQUIRED, THE AVERAGE WEEKLY WAGE SHALL BE
BASED UPON THE PREVIOUS EARNINGS OF THE INJURED EMPLOYEE  AND  OF  OTHER
EMPLOYEES OF THE SAME OR MOST SIMILAR CLASS, WORKING IN THE SAME OR MOST
SIMILAR  EMPLOYMENT,  OR OTHER EMPLOYMENT AS DEFINED IN THIS CHAPTER, IN
THE SAME OR NEIGHBORING LOCALITY, THAT SHALL  REASONABLY  REPRESENT  THE
ANNUAL  EARNING  CAPACITY  OF  THE INJURED EMPLOYEE IN THE EMPLOYMENT IN
WHICH HE OR SHE WAS WORKING AT THE TIME OF THE ACCIDENT FOR A PERIOD  OF
THIRTEEN  WEEKS  PRIOR TO THE INJURY OR, IF THAT METHOD DOES NOT CONSTI-
TUTE SUFFICIENT EVIDENCE OF THE AVERAGE WEEKLY WAGE, EARNINGS DATA FOR A
PERIOD NOT EXCEEDING ONE YEAR PRIOR TO THE INJURY;
  D. PROVIDED, FURTHER, HOWEVER, THAT ONLY IN THE EVENT  THAT  THERE  IS
INSUFFICIENT EVIDENCE ASCERTAINED UNDER THE FOREGOING METHODS OF COMPUT-
ING  THE  AVERAGE WEEKLY WAGE OF THE EMPLOYEE BY REASON OF THE NATURE OF
THE EMPLOYMENT OR WHERE FOR ANY OTHER REASON THE METHODS WILL NOT FAIRLY
AND ACCURATELY COMPUTE THE AVERAGE WEEKLY WAGE, COMPUTATION OF THE AVER-
AGE WEEKLY WAGE MAY BE DETERMINED BY SUCH OTHER MANNER AND BY SUCH OTHER
METHOD AS WILL BE BASED UPON THE FACTS  PRESENTED  TO  FAIRLY  DETERMINE
SUCH EMPLOYEE'S AVERAGE WEEKLY WAGE;
  E.  IF  A CLAIM IS ESTABLISHED AS AN OCCUPATIONAL DISEASE, THE AVERAGE
WEEKLY WAGE SHALL BE BASED ON EARNINGS AS OF THE DATE OF DISABLEMENT.
  [5.] 2. If it be established that the injured employee was  under  the
age  of  twenty-five  when injured, and that under normal conditions his
wages would be expected to increase, that  fact  may  be  considered  in
arriving at his average weekly wages.
  [6.]  3.  If the injured employee is concurrently engaged in more than
one employment at the time of  injury,  the  employee's  average  weekly
wages  shall  be  calculated  upon  the  basis  of wages earned from all
concurrent employments covered under this chapter. The employer in whose
employment the employee was injured shall be  liable  for  the  benefits
that  would  have  been payable if the employee had had no other employ-
ment. Any additional benefits resulting from  the  increase  in  average
weekly wages due to the employee's concurrent employments shall be paya-
ble  [in  the  first  instance]  by the employer in whose employment the
employee was injured [and shall be reimbursed by the special  disability
fund created under subdivision eight of section fifteen of this article,
but  only if such claim is presented in accordance with subparagraph two
of paragraph (h) of subdivision eight of section fifteen of  this  arti-
cle.] The employer in whose employment the employee was injured shall be
liable for all medical costs.
  [7.]  4.  The  average  weekly wages of a jockey, apprentice jockey or
exercise person licensed under article two or four of the racing,  pari-
mutuel wagering and breeding law shall be computed based upon all of the
earnings of such jockey, apprentice jockey or exercise person, including
those derived from outside of the state.

S. 6405--A                         27                         A. 9005--A

  S  8. Subdivision 1 of section 20 of the workers' compensation law, as
amended by chapter 635 of the laws  of  1996,  is  amended  to  read  as
follows:
  1.   At any time after the expiration of the first seven days of disa-
bility on the part of an injured employee, or  at  any  time  after  the
employee's  death,  a  claim  for  compensation  may be presented to the
employer or to the chair.  The board shall have full power and authority
to determine  all  questions  in  relation  to  the  payment  of  claims
presented  to  it for compensation under the provisions of this chapter.
The chair or board shall make or cause to be made such investigation  as
it  deems necessary, and upon application of either party, shall order a
hearing, and within thirty  days  after  a  claim  for  compensation  is
submitted under this section, or such hearing closed, shall make or deny
an  award, determining such claim for compensation, and file the same in
the office of the chair. Immediately after such filing the  chair  shall
send  to the parties a copy of the decision.  Upon a hearing pursuant to
this section either party may present evidence  and  be  represented  by
counsel.    The decision of the board shall be final as to all questions
of fact, and, except as provided in section twenty-three of  this  arti-
cle,  as to all questions of law.  Except as provided in section twenty-
seven of this article, all awards of the board shall draw simple  inter-
est  from  thirty  days after the making thereof at the rate provided in
section five thousand four of the civil practice law and rules.  Whenev-
er a hearing or proceeding for the determination of a claim for  compen-
sation  is  begun  before  a referee, pursuant to the provisions of this
chapter, such hearing or proceeding or any  adjourned  hearing  [thereon
shall], INCLUDING A REFERRAL FOR DECISION, MAY continue before [the same
referee  until  a  final determination awarding or denying compensation,
except in the absence, inability or  disqualification  to  act  of  such
referee,  or  for  other  good  cause,  in  which  event such hearing or
proceeding may be continued before another referee by order of the chair
or board] ANY REFEREE AS DETERMINED BY THE BOARD.
  S 9. Section 23 of  the  workers'  compensation  law,  as  amended  by
section  10  of part GG of chapter 57 of the laws of 2013, is amended to
read as follows:
  S 23. Appeals. An award or decision of the board shall  be  final  and
conclusive  upon  all  questions within its jurisdiction, as against the
state fund or between the parties, unless reversed or modified on appeal
therefrom as hereinafter provided. Any  party  may  within  thirty  days
after  notice  of  the filing of an award or decision of a referee, file
with the board an application in writing for a modification  or  rescis-
sion  or  review of such award or decision, as provided in this chapter.
The board shall render its decision upon such application in writing and
shall include in such decision a statement of the facts which formed the
basis of its action on the issues raised before it on such  application.
Within  thirty  days after notice of the decision of the board upon such
application has been served upon the  parties,  or  within  thirty  days
after notice of an administrative redetermination review decision by the
chair  pursuant  to  subdivision  five of section fifty-two, section one
hundred thirty-one or section one hundred forty-one-a  of  this  chapter
has been served upon any party in interest, an appeal may be taken ther-
efrom  to the appellate division of the supreme court, third department,
by any party in interest, including an employer  insured  in  the  state
fund;  provided,  however,  that any party in interest may within thirty
days after notice of the filing of the board [panel's] decision with the
secretary of the board, make application in writing for  review  thereof

S. 6405--A                         28                         A. 9005--A

by  the full board. If the decision or determination was that of a panel
of the board and there was a dissent from such decision or determination
other than a dissent the sole basis of which is to refer the case to  an
impartial  specialist, the full board shall review and affirm, modify or
rescind such decision or determination in  the  same  manner  as  herein
above  provided  for an award or decision of a referee.  If the decision
or determination was that of a unanimous panel of the  board,  or  there
was  a  dissent  from  such  decision or determination the sole basis of
which is to refer the case to an impartial specialist, the board may  in
its  sole  discretion review and affirm, modify or rescind such decision
or determination in the same manner as  herein  above  provided  for  an
award  or decision of a referee. Failure to apply for review by the full
board shall not bar any party in interest from taking an appeal directly
to the court as above provided. The board may also,  in  its  discretion
certify  to  such  appellate division of the supreme court, questions of
law involved in its decision. Such appeals and the question so certified
shall be heard in a summary manner and shall have  precedence  over  all
other  civil  cases  in such court. The board shall be deemed a party to
every such appeal from its decision upon such application, and the chair
shall be deemed a party to every  such  appeal  from  an  administrative
redetermination  review decision pursuant to subdivision five of section
fifty-two of this chapter. The  attorney  general  shall  represent  the
board and the chair thereon. An appeal may also be taken to the court of
appeals  in  the  same  manner  and  subject to the same limitations not
inconsistent herewith as is now provided in the civil practice  law  and
rules.  It  shall  not be necessary to file exceptions to the rulings of
the board. An appeal to the appellate division  of  the  supreme  court,
third  department,  or  to  the court of appeals, shall not operate as a
stay of the payment of compensation required by the terms of  the  award
or of the payment of the cost of such medical, dental, surgical, optome-
tric  or other attendance, treatment, devices, apparatus or other neces-
sary items the employer is required to provide pursuant to section thir-
teen of this article which are found to be fair  and  reasonable.  Where
such  award is modified or rescinded upon appeal, the appellant shall be
entitled to reimbursement in a sum equal to the compensation in  dispute
paid  to  the  respondent in addition to a sum equal to the cost of such
medical, dental, surgical, optometric or  other  attendance,  treatment,
devices,  apparatus or other necessary items the employer is required to
provide pursuant to section thirteen of this article paid by the  appel-
lant  pending  adjudication  of  the appeal. Such reimbursement shall be
paid from administration expenses as provided  in  section  one  hundred
fifty-one of this chapter upon audit and warrant of the comptroller upon
vouchers  approved  by  the  chair.  Where  such award is subject to the
provisions of section twenty-seven of this article, the appellant  shall
pay  directly  to the claimant all compensation as it becomes due during
the pendency of the appeal, and upon affirmance  shall  be  entitled  to
credit  for such payments. Neither the chair, the board, the commission-
ers of the state insurance fund nor the claimant shall  be  required  to
file  a bond upon an appeal to the court of appeals. Upon final determi-
nation of such an appeal, the board or chair, as the case may be,  shall
enter  an  order in accordance therewith. Whenever a notice of appeal is
served or an application made to the board by the employer or  insurance
carrier  for a modification or rescission or review of an award or deci-
sion, and the board shall find that such notice of appeal was served  or
such  application  was  made  for the purpose of delay or upon frivolous
grounds, the board shall impose a penalty in the amount of five  hundred

S. 6405--A                         29                         A. 9005--A

dollars  upon  the employer or insurance carrier, which penalty shall be
added to the compensation and paid to the claimant. WHENEVER AN APPLICA-
TION IS MADE TO THE BOARD BY THE EMPLOYER OR  INSURANCE  CARRIER  FOR  A
MODIFICATION  OR  RESCISSION  OR REVIEW OF AN AWARD OR DECISION, AND THE
BOARD SHALL FIND THAT SUCH APPLICATION WAS MADE FOR THE PURPOSE OF DELAY
AND UPON FRIVOLOUS GROUNDS, THE BOARD MAY IMPOSE A PENALTY  PURSUANT  TO
PARAGRAPH  (F) OF SUBDIVISION THREE OF SECTION TWENTY-FIVE OF THIS ARTI-
CLE.  UPON A FINDING THAT AN APPLICATION HAS BEEN MADE TO THE BOARD  FOR
THE  PURPOSE  OF  DELAY  AND UPON FRIVOLOUS GROUNDS, AND THE EMPLOYER OR
CARRIER HAS MADE PAYMENT TO THE  CLAIMANT  OF  ALL  COMPENSATION  AS  IT
BECOMES  DUE DURING THE PENDENCY OF THE APPLICATION, NO PENALTY PURSUANT
TO PARAGRAPH (F) OF SUBDIVISION THREE OF  SECTION  TWENTY-FIVE  OF  THIS
ARTICLE  SHALL  BE  IMPOSED.  The  penalties  provided  herein  shall be
collected in like manner as compensation. A party against whom an  award
of  compensation  shall be made may appeal from a part of such award. In
such a case the payment of such part of the award  as  is  not  appealed
from  shall  not  prejudice  any  rights of such party on appeal, nor be
taken as an admission against such party. Any appeal by an employer from
an administrative redetermination review decision pursuant  to  subdivi-
sion  five of section fifty-two of this chapter shall in no way serve to
relieve the employer from the obligation to timely pay compensation  and
benefits  otherwise  payable  in  accordance with the provisions of this
chapter.
  Nothing contained in this section shall be construed  to  inhibit  the
continuing  jurisdiction of the board as provided in section one hundred
twenty-three of this chapter.
  S 10. Paragraph (f) of subdivision 3 of section  25  of  the  workers'
compensation  law,  as  amended  by  chapter 316 of the laws of 1991, is
amended to read as follows:
  (f) If the employer or  its  insurance  carrier  shall  fail  to  make
payments  of compensation according to the terms of the award within ten
days or the uninsured employers' fund shall fail  to  make  payments  of
compensation  according  to  the  terms  of the award within thirty days
after such ten day period except in case of an application to the  board
for  a  modification, rescission or review of such award, there shall be
imposed a penalty equal to twenty percent  of  the  unpaid  compensation
which  shall be paid to the injured worker or his or her dependents, and
there shall also be imposed an assessment of fifty dollars, which  shall
be paid into the state treasury.  WHENEVER AN APPLICATION IS MADE TO THE
BOARD BY THE EMPLOYER OR INSURANCE CARRIER FOR A MODIFICATION OR RESCIS-
SION  OR REVIEW OF AN AWARD OR DECISION IN ACCORDANCE WITH SECTION TWEN-
TY-THREE OF THIS ARTICLE, AND THE BOARD SHALL FIND THAT SUCH APPLICATION
WAS MADE FOR THE PURPOSE OF DELAY AND UPON FRIVOLOUS GROUNDS, THE  BOARD
MAY  IMPOSE A PENALTY EQUAL TO TWENTY PERCENT OF THE UNPAID COMPENSATION
WHICH SHALL BE PAID TO THE INJURED WORKER OR HIS OR HER DEPENDENTS,  AND
THERE  SHALL ALSO BE IMPOSED AN ASSESSMENT OF FIFTY DOLLARS, WHICH SHALL
BE PAID INTO THE STATE TREASURY.
  S 11. The closing paragraph of  paragraph  (a)  of  subdivision  2  of
section  25  of the workers' compensation law, as amended by chapter 635
of the laws of 1996, is amended to read as follows:
  If the insurance carrier shall fail either to file notice  of  contro-
versy  or  begin payment of compensation within the prescribed period or
within ten days after receipt of  a  copy  of  the  notice  required  in
section  one hundred ten of this chapter, whichever period is the great-
er, the board may[, after a hearing,] impose a penalty in the amount  of
three hundred dollars, which shall be in addition to all other penalties

S. 6405--A                         30                         A. 9005--A

provided  for  in  this  chapter and shall be paid to the claimant. Such
penalty shall be collected in like manner as an award of compensation.
  S 12.  Subdivisions 1 and 7 of section 27 of the workers' compensation
law, subdivision 1 as amended by chapter 192 of the laws of 1949, subdi-
vision 7 as amended by chapter 62 of the laws of 1989, the closing para-
graph  of  subdivision 7 as amended by chapter 6 of the laws of 2007 and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, are amended to read as follows:
  1. All payments made into the fund pursuant to the provisions of  this
section  shall constitute an indivisible and aggregate trust fund except
as hereinafter provided.  NOTWITHSTANDING ANY OTHER PROVISIONS  OF  THIS
CHAPTER,  THE BOARD SHALL NOT DIRECT A MANDATORY DEPOSIT ON OR AFTER THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN  WHICH
AMENDED  THIS  SUBDIVISION.  THE  CARRIER SHALL MAKE A MANDATORY DEPOSIT
INTO THE FUND AS DIRECTED IN A BOARD DECISION FILED PRIOR TO THE  EFFEC-
TIVE  DATE  OF  THE  CHAPTER  OF  THE LAWS OF TWO THOUSAND SIXTEEN WHICH
AMENDED THIS SUBDIVISION, IN THE AMOUNT  SET  FORTH  IN  A  SUPPLEMENTAL
BOARD  DECISION  OF ANY DATE. THE CARRIER IS RESPONSIBLE FOR PAYMENTS TO
THE CLAIMANT AS DIRECTED UNTIL THE DEPOSIT IS MADE INTO THE FUND. IF THE
INSURANCE CARRIER SHALL FAIL TO MAKE A TIMELY MANDATORY DEPOSIT INTO THE
FUND THE CHAIR MAY IMPOSE A PENALTY  EQUAL  TO  TWENTY  PERCENT  OF  THE
UNPAID MANDATORY DEPOSIT AMOUNT WHICH SHALL BE PAID TO THE INJURED WORK-
ER  OR HIS OR HER DEPENDENTS, AND THERE SHALL ALSO BE IMPOSED AN ASSESS-
MENT OF FIFTY DOLLARS, WHICH SHALL BE PAID INTO THE STATE TREASURY.
  7. [For the purpose of securing the solvency of  the  aggregate  trust
fund,  there shall be required, in addition to the payments hereinbefore
provided for, a payment on each award, as follows:
  (a) In the mandatory type cases based on an accident occurring  on  or
subsequent to July first, nineteen hundred forty-one up to and including
June  thirtieth, nineteen hundred forty-three an amount equal to six per
centum of the present value of each such case paid into such fund;
  (b) In the mandatory type cases based on an accident occurring  on  or
subsequent  to  July first, nineteen hundred forty-three an amount equal
to ten per centum of the present value of each such case paid into  such
fund;
  (c)  In the discretionary type cases based on an accident occurring up
to and including June thirtieth, nineteen hundred thirty-nine an  amount
equal  to sixteen per centum of the present value of each such case paid
into such fund;
  (d) In the discretionary type cases based on an accident occurring  on
or  subsequent  to  July  first,  nineteen hundred thirty-nine an amount
equal to ten per centum of the present value of each such case paid into
such fund.
  Such additional payments shall be required until the  surplus  of  the
fund  equals  or  exceeds  one  per centum of the total outstanding loss
reserves as shown by three successive annual reports of the fund to  the
superintendent  of  financial services and such additional payment shall
be required as a payment upon each award based on an accident  occurring
prior  to  July  first next succeeding the third such annual report, but
not as a payment upon any award based on an  accident  occurring  on  or
after  said  July first; provided, however, that if and when the surplus
of the fund as shown by any annual report thereafter shall be less  than
one  per  centum  of the total outstanding loss reserves, then the addi-
tional payments as provided in paragraphs (a), (b), (c) and (d) of  this
subdivision  shall  be resumed and shall be payable upon any award based
on an accident occurring on or after  July  first  next  succeeding  the

S. 6405--A                         31                         A. 9005--A

close  of the year for which such annual report is made. Thereafter, the
suspension or resumption of additional  payments  as  required  by  this
subdivision  shall  be  governed  by the foregoing provisions. Such loss
reserves  shall  be computed based upon the tables specified in subdivi-
sion five of this section and interest at a standard to be determined by
the  superintendent  of  financial  services  by  regulation.]  FOR  THE
PURPOSES OF INSURING THE SOLVENCY OF THE AGGREGATE TRUST FUND SUBSEQUENT
TO THE FIRST DAY OF JANUARY, TWO THOUSAND SIXTEEN, THE SUPERINTENDENT OF
FINANCIAL  SERVICES,  IN  ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE
HUNDRED EIGHT OF THIS CHAPTER, MAY DIRECT CARRIERS TO DEPOSIT  NOT  MORE
THAN  TWO  PERCENT  OF  WRITTEN  PREMIUMS INTO THE WORKERS' COMPENSATION
GUARANTEE FUND ESTABLISHED BY ARTICLE SIX OF THIS  CHAPTER.  SUCH  FUNDS
SHALL BE TRANSFERRED TO THE AGGREGATE TRUST FUND TO ENABLE THE AGGREGATE
TRUST FUND TO MEET ITS OBLIGATIONS UNDER THIS SECTION.
  S  13.  Subdivisions  3  and 4 of section 25-a of the workers' compen-
sation law, subdivision 3 as amended by section 13 of part GG of chapter
57 of the laws of 2013, subdivision 4 as amended by chapter 395  of  the
laws  of  1964,  and  the  closing paragraph of subdivision 4 as further
amended by section 104 of part A of chapter 62 of the laws of 2011,  are
amended to read as follows:
  3. Any awards so made shall be payable out of the special fund hereto-
fore  created for such purpose, which fund is hereby continued and shall
be known as the fund for reopened cases. The employer, or,  if  insured,
his  insurance  carrier  shall  pay  into  such fund, or, in the case of
awards made on or after July first, nineteen hundred sixty-nine,  either
into  such  fund  or the uninsured employers' fund under section twenty-
six-a of this article in accordance with  the  provisions  thereof,  for
every  case of injury causing death for which there are no persons enti-
tled to compensation the sum of three hundred dollars where such  injury
occurred  prior to July first, nineteen hundred forty and the sum of one
thousand dollars where such injury shall occur on or after said date and
prior to April first,  nineteen  hundred  forty-five,  and  the  sum  of
fifteen  hundred dollars where such injury shall occur on or after April
first, nineteen hundred forty-five and prior to September  first,  nine-
teen  hundred  seventy-eight and the sum of three thousand dollars where
such injury shall occur on or after September  first,  nineteen  hundred
seventy-eight, and in each case of death resulting from injury sustained
on  or  after  July first, nineteen hundred forty and prior to September
first, nineteen hundred seventy-eight, where there are persons  entitled
to  compensation  but the total amount of such compensation is less than
two thousand dollars exclusive of funeral benefits, the employer, or, if
insured, his insurance carrier, shall pay into such  fund,  or,  in  the
case  of awards made on or after July first, nineteen hundred sixty-nine
and prior to September first,  nineteen  hundred  seventy-eight,  either
into  such  fund  or the uninsured employers' fund under section twenty-
six-a of this article in accordance with  the  provisions  thereof,  the
difference between the sum of two thousand dollars and the compensation,
exclusive  of funeral benefits, and in each case of death resulting from
injury sustained on or after September first, nineteen hundred  seventy-
eight, the employer, or if insured, his insurance carrier shall pay into
such fund or the uninsured employers' fund under section twenty-six-a of
this  article  in accordance with the provisions thereof, the difference
between the sum of five thousand dollars and the compensation, exclusive
of funeral benefits actually paid  to  or  for  the  dependents  of  the
deceased  employee  together with any expense charge required by section
twenty-seven of this article; provided, however, that where death  shall

S. 6405--A                         32                         A. 9005--A

occur  subsequent  to  the  periods  limited  by subdivision one of this
section no payment into such  special  fund  nor  to  the  special  fund
provided  by  subdivision  nine  of section fifteen nor to the uninsured
employers'  fund  provided by section twenty-six-a of this article shall
be required. In addition to the assessments made against  all  insurance
carriers  for  the  expenses  of administering this chapter provided for
under the provisions of section one hundred fifty-one of  this  chapter,
and  the  payments  above  provided,  the  employer, or, if insured, his
insurance carrier, shall pay the sum of five dollars into said fund  for
each  case in which an award is made pursuant to the provisions of para-
graphs a to s inclusive of subdivision three of section fifteen of  this
chapter,  by  reason  of  injury  sustained between July first, nineteen
hundred forty and June thirtieth, nineteen hundred forty-two, both dates
inclusive, and the sum of ten dollars for each such case  by  reason  of
injury sustained between July first, nineteen hundred forty-two and June
thirtieth,  nineteen  hundred fifty, both dates inclusive, which payment
shall be in addition to any  payment  of  compensation  to  the  injured
employee as provided in this chapter.
  There  shall  be maintained in the special fund at all times assets at
least equal in value to the sum of  (1)  the  value  of  awards  charged
against  such  fund, (2) the value of all claims that have been reopened
by the board as a charge against such fund but as to which  awards  have
not  yet been made, (3) effective January first, nineteen hundred seven-
ty-one, the value of total supplemental benefits to be  paid  from  such
fund  as reimbursement pursuant to subdivision nine of this section, and
(4) a reserve equal to ten per cent of the sum of items (1), (2) and (3)
of this paragraph. Annually, as soon as practicable after January  first
in  each  year,  the chair shall ascertain the condition of the fund and
[whenever the assets shall fall below the prescribed minimum  as  herein
provided  the  chair] shall collect:  (A) DEBT SERVICE AMOUNT SUFFICIENT
TO COVER DEBT SERVICE AND ASSOCIATED COSTS TO BE PAID DURING THE  CALEN-
DAR  YEAR  BY  THE DORMITORY AUTHORITY, AS CALCULATED IN ACCORDANCE WITH
SUBDIVISION FOUR OF THIS SECTION AND (B) WHENEVER  THE  VALUE  OF  OTHER
ASSETS  FALL  BELOW  THE  PRESCRIBED  MINIMUM TO BE MAINTAINED AS HEREIN
PROVIDED, an amount sufficient to restore the  fund  to  the  prescribed
minimum.    SUCH  ASSESSMENTS  SHALL  BE INCLUDED IN THE ASSESSMENT RATE
ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE
OF THIS CHAPTER. SUCH ASSESSMENTS SHALL BE DEPOSITED  WITH  THE  COMMIS-
SIONER  OF  TAXATION  AND FINANCE AND TRANSFERRED TO THE BENEFIT OF SUCH
FUND FOLLOWING PAYMENT OF DEBT SERVICE AND  ASSOCIATED  COSTS,  IF  ANY,
PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. Commencing on
the  first  of January, two thousand fourteen, the amount collected from
all employers required to obtain workers' compensation coverage to main-
tain the financial integrity of the fund may be paid over  a  period  of
time at the discretion of the chair based upon an analysis of the finan-
cial  condition  of  the  fund.  Such payment as determined by the chair
shall be included in the assessment rate established pursuant to  subdi-
vision  two  of section one hundred fifty-one of this chapter. The chair
shall promulgate regulations to administer claims  whose  liability  has
been  transferred  to  the fund for reopened cases. Such regulations may
include exercise of the chair's authority to administer existing claims,
to procure management for  those  claims,  or  to  sell  such  liability
INCLUDING,  WITHOUT  LIMITATION, BY OBTAINING AN "ASSUMPTION OF WORKERS'
COMPENSATION LIABILITY INSURANCE POLICY" AS DEFINED IN  SECTION  SIXTEEN
HUNDRED  EIGHTY-L  OF THE PUBLIC AUTHORITIES LAW.  The chair may examine

S. 6405--A                         33                         A. 9005--A

into the condition of the fund at any time on his or her own  initiative
or on request of the attorney of the fund.
  The  provisions  of  this  subdivision shall not apply with respect to
policies containing coverage pursuant  to  section  thirty-four  hundred
twenty  of  the insurance law relating to every policy providing compre-
hensive personal liability insurance on a one, two, three or four family
owner-occupied dwelling.
  4. THE CHAIR AND THE COMMISSIONER OF TAXATION AND FINANCE ARE  AUTHOR-
IZED AND DIRECTED TO ENTER INTO A FINANCING AGREEMENT WITH THE DORMITORY
AUTHORITY,  TO BE KNOWN AS THE "FUND FOR REOPENED CASES FINANCING AGREE-
MENT". SUCH AGREEMENT SHALL SET FORTH THE PROCESS  FOR  CALCULATING  THE
ANNUAL  DEBT  SERVICE OF THE BONDS ISSUED BY THE DORMITORY AUTHORITY AND
ANY OTHER ASSOCIATED COSTS IN CONNECTION  WITH  THE  FUND  FOR  REOPENED
CASES,  AS  SET  FORTH IN SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC
AUTHORITIES LAW. FOR PURPOSES OF THIS SECTION,  "ASSOCIATED  COSTS"  MAY
INCLUDE  A  COVERAGE FACTOR, RESERVE FUND REQUIREMENTS, ALL COSTS OF ANY
NATURE INCURRED BY THE DORMITORY AUTHORITY IN CONNECTION WITH  THE  FUND
FOR REOPENED CASES FINANCING AGREEMENT OR PURSUANT THERETO, THE COSTS OF
ANY  INDEPENDENT  AUDITS  UNDERTAKEN  UNDER  THIS SECTION, AND ANY OTHER
COSTS FOR THE IMPLEMENTATION OF THIS SUBDIVISION  AND  THE  ISSUANCE  OF
BONDS  BY  THE  DORMITORY  AUTHORITY,  INCLUDING  INTEREST RATE EXCHANGE
PAYMENTS, REBATE PAYMENTS, LIQUIDITY FEES, CREDIT PROVIDER FEES, FIDUCI-
ARY FEES, REMARKETING, DEALER, AUCTION AGENT AND RELATED FEES AND  OTHER
SIMILAR  BOND-RELATED  EXPENSES,  UNLESS  OTHERWISE FUNDED. BY SEPTEMBER
FIRST OF EACH YEAR, THE DORMITORY AUTHORITY SHALL PROVIDE TO  THE  CHAIR
THE  CALCULATION  OF  THE  AMOUNT  EXPECTED  TO BE PAID BY THE DORMITORY
AUTHORITY IN DEBT SERVICE AND ASSOCIATED COSTS FOR PURPOSES OF CALCULAT-
ING THE DEBT SERVICE ASSESSMENT AS SET FORTH  IN  SUBDIVISION  THREE  OF
THIS  SECTION.  ALL  MONIES  RECEIVED ON ACCOUNT OF ANY ASSESSMENT UNDER
SUBDIVISION THREE OF THIS SECTION AND THIS SUBDIVISION SHALL BE  APPLIED
IN  ACCORDANCE WITH THIS SUBDIVISION AND IN ACCORDANCE WITH THE FUND FOR
REOPENED CASES FINANCING AGREEMENT UNTIL THE  FINANCIAL  OBLIGATIONS  OF
THE  DORMITORY AUTHORITY IN RESPECT TO ITS CONTRACT WITH ITS BONDHOLDERS
ARE MET AND ALL ASSOCIATED COSTS PAYABLE TO OR BY THE DORMITORY AUTHORI-
TY HAVE BEEN PAID, NOTWITHSTANDING ANY OTHER PROVISION OF LAW RESPECTING
SECURED TRANSACTIONS. THIS PROVISION MAY BE INCLUDED  BY  THE  DORMITORY
AUTHORITY  IN ANY CONTRACT OF THE DORMITORY AUTHORITY WITH ITS BONDHOLD-
ERS.
  THE FUND FOR REOPENED CASES FINANCING AGREEMENT MAY RESTRICT DISBURSE-
MENTS, INVESTMENTS, OR REBATES, AND MAY PRESCRIBE A SYSTEM  OF  ACCOUNTS
APPLICABLE  TO  THE  FUND  FOR  REOPENED  CASES  AS  CONSISTENT WITH THE
PROVISIONS OF THIS SECTION GOVERNING SUCH  FUND,  INCLUDING  CUSTODY  OF
FUNDS AND ACCOUNTS WITH A TRUSTEE THAT MAY BE PRESCRIBED BY THE DORMITO-
RY  AUTHORITY AS PART OF ITS CONTRACT WITH THE BONDHOLDERS. FOR PURPOSES
OF THIS SUBDIVISION, THE TERM "BONDS"  SHALL  INCLUDE  NOTES  ISSUED  IN
ANTICIPATION  OF  THE  ISSUANCE  OF BONDS, OR NOTES ISSUED PURSUANT TO A
COMMERCIAL PAPER PROGRAM.
  (A) The commissioner of taxation and finance shall be the custodian of
such [special] fund for reopened cases and,  UNLESS  OTHERWISE  PROVIDED
FOR IN THE FUND FOR REOPENED CASES FINANCING AGREEMENT, shall invest any
surplus  OR  RESERVE monies thereof in securities which constitute legal
investments for savings banks under the laws of this state and in inter-
est bearing certificates of deposit of a bank or trust  company  located
and  authorized  to  do  business  in  this  state or of a national bank
located in this state secured by a pledge of direct obligations  of  the
United  States  or  of  the  state of New York in an amount equal to the

S. 6405--A                         34                         A. 9005--A

amount of such certificates of deposit, and may sell any of the  securi-
ties  or  certificates  of  deposit  in  which such fund is invested, if
necessary for the proper administration or in the best interest of  such
fund.  Disbursements  from  such  fund for compensation provided by this
section shall be paid by the commissioner of taxation and  finance  upon
vouchers  signed by the [chairman] CHAIR OF THE BOARD UNLESS THE FINANC-
ING  AGREEMENT  PROVIDES  FOR  SOME  OTHER  MEANS  OF  AUTHORIZING  SUCH
DISBURSEMENTS THAT IS NO LESS PROTECTIVE OF THE FUND.
  The  commissioner  of taxation and finance, as custodian of such fund,
annually as soon as practicable after January first,  shall  furnish  to
the  [chairman]  CHAIR OF THE WORKERS' COMPENSATION BOARD a statement of
the fund, setting forth the balance of monies in the said fund as of the
beginning of the year, the income of the fund, a summary of payments out
of the fund on account of compensation ordered to be paid by the  board,
medical  and  other expense, and all other charges against the fund, and
setting forth the balance of the fund remaining to its credit on  Decem-
ber  thirty-first.  Such statement shall be open to public inspection in
the office of the [chairman] CHAIR, and a copy thereof shall  be  trans-
mitted  by  the  [chairman]  CHAIR  to  the  superintendent of financial
services. The superintendent of financial services may examine into  the
condition  of  such  fund at any time on his OR HER own initiative or on
request of the [chairman] CHAIR or representative of the fund. He OR SHE
shall verify the receipts and  disbursements  of  the  fund,  and  shall
ascertain  the  liability  of the fund upon all cases in which awards of
compensation have been made and charged  against  said  fund  and  shall
render  a  report  of  such  facts to the [chairman] CHAIR.  Such report
shall also be open to public inspection in the office of the  [chairman]
CHAIR.    THE CHAIR, NOT LESS THAN NINETY DAYS AFTER THE ISSUANCE OF THE
DORMITORY AUTHORITY'S ANNUAL AUDIT, SHALL FURNISH TO  THE  PRESIDENT  OF
THE  SENATE AND THE SPEAKER OF THE ASSEMBLY THE FOLLOWING REPORTS ON THE
FUND FOR REOPENED CASES: A REVENUE AND OPERATING  EXPENSE  STATEMENT;  A
FINANCING  PLAN;  A  REPORT  CONCERNING  THE ASSETS AND LIABILITIES; THE
NUMBER OF AGREEMENTS TO PROCURE MANAGEMENT OF SUCH CLAIMS; THE NUMBER OF
ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY   INSURANCE   POLICIES
EXECUTED  SELLING  SUCH CLAIMS; THE NUMBER OF CLAIMANTS REMAINING IN THE
FUND; THE ESTIMATED CURRENT UNFUNDED LIABILITY OF THE FUND WITH  RESPECT
TO  SUCH CLAIMS; AND A DEBT ISSUANCE REPORT INCLUDING BUT NOT LIMITED TO
(I) PLEDGED ASSESSMENT REVENUE AND FINANCING COVERAGE, (II) DEBT SERVICE
MATURITIES, (III) INTEREST RATE EXCHANGE OR SIMILAR AGREEMENTS, AND (IV)
FINANCING AND ISSUANCE COSTS.
  THE COMMISSIONER OF TAXATION AND FINANCE MAY ESTABLISH WITHIN THE FUND
FOR REOPENED CASES SUCH ACCOUNTS AND SUB-ACCOUNTS AS  HE  OR  SHE  DEEMS
USEFUL  FOR  THE  OPERATION  OF  THE  FUND, OR AS NECESSARY TO SEGREGATE
MONEYS WITHIN THE FUND, SUBJECT  TO  THE  PROVISIONS  OF  THE  FUND  FOR
REOPENED CASES FINANCING AGREEMENT.
  S  14. Subdivision (i) of section 32 of the workers' compensation law,
as added by chapter 6 of the laws of 2007 and  paragraph  5  as  further
amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
  (i) (1) The waiver agreement management office may  contract  with  AN
INSURANCE  CARRIER,  SELF-INSURED  EMPLOYER, STATE INSURANCE FUND OR any
third party to ASSUME  LIABILITY  FOR,  manage,  administer,  or  settle
claims  on  its  behalf, so long as (A) such contract is approved by the
special disability fund advisory committee and (B)  such  [third]  party
shall  agree  to be subject to any guidelines or directives as the chair
may issue.

S. 6405--A                         35                         A. 9005--A

  (2) The chair MAY, with approval of the special disability fund  advi-
sory  committee  and  on  such terms as the committee deems appropriate,
[shall have discretion to] procure  one  or  more  private  entities  to
assume  the  liability for and [management, administration or settlement
of]  MANAGE,  ADMINISTER OR SETTLE all or a portion of the claims in the
special disability fund INCLUDING, WITHOUT LIMITATION, BY OBTAINING  "AN
ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY  INSURANCE  POLICY" AS
DEFINED FOR PURPOSES OF SECTION SIXTEEN HUNDRED EIGHTY-L OF  THE  PUBLIC
AUTHORITIES  LAW.  ANY SUCH POLICY SHALL EXPRESSLY PROVIDE AND, NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, OPERATE TO RELEASE FROM ANY FURTHER
LIABILITY (1) THE SPECIAL DISABILITY FUND AND (2) THE INSURANCE CARRIER,
INCLUDING AS THE CASE MAY BE THE STATE INSURANCE FUND, ORIGINALLY LIABLE
FOR ANY CLAIM COVERED BY THE ASSUMPTION OF WORKERS' COMPENSATION LIABIL-
ITY INSURANCE POLICY SECURING SUCH FURTHER AND FUTURE CONTINGENT LIABIL-
ITY AS MAY ARISE FOR ANY SUCH CLAIM, INCLUDING FROM  PRIOR  INJURIES  TO
EMPLOYEES  AND  BE  INCURRED BY REASON OF ANY CHANGE IN THE CONDITION OF
SUCH EMPLOYEES FOR PAYMENT OF ADDITIONAL  COMPENSATION.  NOTWITHSTANDING
ANY  OTHER PROVISIONS OF LAW, NO CONSULTATION OR APPROVAL OF ANY EMPLOY-
ER, INSURANCE CARRIER, SELF-INSURER OR THE STATE INSURANCE FUND SHALL BE
REQUIRED BEFORE SUCH OFFICE MAY ENTER INTO ANY  SUCH  POLICY  OR  WAIVER
AGREEMENT,  OR  BEFORE THE BOARD MAY APPROVE SUCH WAIVER AGREEMENT.  Any
such procurement shall be conducted in  accordance  with  state  finance
law,  except as otherwise set forth below. The chair shall not award any
contract that has not been approved by the special disability fund advi-
sory committee. Notwithstanding the foregoing, the chair of the workers'
compensation board may, if approved by the special disability fund advi-
sory committee, and on such terms as the committee deems appropriate:
  (A) waive any informality in a bid, and either  reject  all  bids  and
again  advertise  for bids, or interview at least two responsible quali-
fied bidders and negotiate and enter into a contract with one or more of
such bidders; or
  (B) group claims to be assigned, in whole or in  part,  based  on  the
insurance carrier, self-insured employer or state insurance fund that is
receiving  or will receive reimbursement on those claims from the second
disability fund. Such grouping shall be permissible notwithstanding that
any insurance carrier may have greater access to information, or may  be
able to provide better terms, in regard to claims so grouped.
  (3)  [Any such contract shall expressly provide that the special disa-
bility fund is no longer liable for the claims covered by the  contract,
and  require security of either cash, an indemnity policy, or such secu-
rity as is otherwise sufficient to cover any losses incurred as a result
of the failure or default of the entity or  entities  awarded  any  such
contract,  including  as  a result of the insolvency of any such entity.
The chair may waive all or part of such security, and may  impose  other
reasonable  methods  of  insuring  payment, upon approval of the special
disability fund advisory committee] ANY POLICY  EXECUTED  BY  THE  CHAIR
PURSUANT  TO THIS SECTION SHALL BE IN THE FORM OF AN ASSUMPTION OF WORK-
ERS' COMPENSATION LIABILITY INSURANCE POLICY SECURING SUCH  FURTHER  AND
FUTURE  CONTINGENT LIABILITY AS MAY ARISE FROM ANY CLAIM COVERED BY SUCH
POLICY, INCLUDING PRIOR INJURIES TO WORKERS AND BE INCURRED BY REASON OF
ANY CHANGE IN THE CONDITION OF SUCH WORKERS WARRANTING THE BOARD  MAKING
SUBSEQUENT  AWARDS  FOR  PAYMENT OF ADDITIONAL COMPENSATION. SUCH POLICY
SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF FINANCIAL  SERVICES
AND ISSUED BY THE STATE INSURANCE FUND OR ANY INSURANCE COMPANY LICENSED
TO  ISSUE  THIS CLASS OF INSURANCE IN THIS STATE. IN THE EVENT THAT SUCH
POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE  INSURANCE

S. 6405--A                         36                         A. 9005--A

FUND,  THEN  SAID  POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARA-
GRAPH FIFTEEN OF SUBSECTION (A) OF  SECTION  ONE  THOUSAND  ONE  HUNDRED
THIRTEEN  OF  THE INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION
SECURITY  FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER.
SUCH POLICY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM  PAID  IN
ADVANCE  AND  IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPER-
INTENDENT OF FINANCIAL  SERVICES.  WHEN  ISSUED  SUCH  POLICY  SHALL  BE
NON-CANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE OF
THE LIABILITY SECURED AND SO COVERED.
  (4)  Notwithstanding  any  other provision of this article, the waiver
agreement management office may request in writing any information rele-
vant to its entry into or management of waiver agreements from  (A)  any
insurance carrier, employer, or the state insurance fund, if that entity
has submitted a claim for reimbursement from the special disability fund
as  to  the claimant to whom the information relates; or (B) the special
funds conservation committee. The party to  whom  the  request  is  made
shall  provide  the  requested  information  within fourteen days of the
request, unless before that date it files an objection with the board to
any information which is subject to  a  recognized  privilege  or  whose
production is otherwise barred by law. The objecting party shall provide
the  requested  information  within  five  business  days of the board's
rejection of its objection.
  (5) No carrier, self-insured employer  or  the  state  insurance  fund
shall assume the liability for, or management, administration or settle-
ment of any claims under this section on which it holds reserves, beyond
such  reserves  as  are permitted by regulation of the superintendent of
financial services for purposes of this provision. No carrier may assume
liability for any claims in the special disability fund under this para-
graph unless the carrier maintains, on a  stand  alone  basis,  separate
from  its  parent  or  any affiliated entities, an interactive financial
strength rating from a nationally recognized statistical  rating  organ-
ization  that  is  considered secure or deemed acceptable by the special
disability fund advisory committee.
  (6) The director of the budget shall notify in writing the  chairs  of
the  senate  finance committee and the assembly ways and means committee
of any plans to transfer all or a portion of  the  portfolio  of  claims
determined  to be eligible for reimbursement from the special disability
fund or to [contract with any party to take responsibility in  whole  or
in  part  for  the  administration  of a material portion of the claims,
including the procurement process to be used to select parties  involved
in  such  transfer  or  contract]  ENTER  INTO AN ASSUMPTION OF WORKERS'
COMPENSATION LIABILITY INSURANCE POLICY, not less than  forty-five  days
prior  to  the  commencement  of  such process. At any time borrowing is
anticipated to settle claims, the chief executive officer of the  dormi-
tory  authority  of the state of New York and the director of the budget
shall provide a report to the chairs of the senate finance committee and
the assembly ways and means committee on a  planned  bond  sale  of  the
authority  and such report shall include, but not be limited to: (A) the
maximum amount of  bonds  expected  to  be  sold  by  the  authority  in
connection with a sale agreement; (B) the expected maximum interest rate
and  maturity  date  of such bonds; (C) the expected amount of the bonds
that will be fixed and/or variable  interest  rate;  (D)  the  estimated
costs  of issuance; (E) the estimated level or levels of reserve fund or
funds, if any; (F) the estimated cost of bond issuance, if any; (G)  the
anticipated  use  or  uses of the proceeds; (H) the maximum expected net
proceeds that will be paid to the state as a result of the  issuance  of

S. 6405--A                         37                         A. 9005--A

such  bonds;  and  (I)  the  process to be used to select parties to the
transaction. Any such expectations and estimates in the report shall not
be deemed a substantive limitation on the  authority  of  the  dormitory
authority of the state of New York.
  S 15. Subdivisions 1 and 8 of section 151 of the workers' compensation
law,  as  added  by  section  22 of part GG of chapter 57 of the laws of
2013, are amended to read as follows:
  1. The annual expenses necessary  for  the  board  to  administer  the
provisions  of  this  chapter,  the volunteer ambulance workers' benefit
law, the volunteer firefighters' benefit law,  the  disability  benefits
law,  and  the  workmen's  compensation act for civil defense volunteers
shall be borne by affected employers  securing  compensation  for  their
employees  pursuant  to  section  fifty of this chapter. The board shall
collect such annual expenses from affected employers through assessments
as provided by the provisions of this section, including for purposes of
this subdivision: (a)  the  aggregate  assessment  amount  described  in
subparagraph  four  of  paragraph  (h)  of  subdivision eight of section
fifteen of this chapter for the special disability  fund  in  accordance
with  each  financing  agreement described in such subparagraph, (b) the
aggregate assessment amount described in section fifty-c of this chapter
for the self-insurer offset  fund  in  accordance  with  each  financing
agreement described in such section, (c) the AGGREGATE assessment amount
described  in subdivision three of section twenty-five-a of this chapter
for the fund for reopened cases IN ACCORDANCE WITH EACH FINANCING AGREE-
MENT DESCRIBED IN SUCH SECTION, and (d) the assessment amount  described
in section two hundred fourteen of this chapter for the special fund for
disability   benefits;  provided,  that  the  foregoing  and  any  other
provision of this chapter to the  contrary  notwithstanding,  assessment
receipts  shall  be  applied  first  to  fully fund the AGGREGATE amount
described in subparagraph four of paragraph (h) of subdivision eight  of
section  fifteen  of  this chapter PURSUANT TO A SPECIAL DISABILITY FUND
FINANCING AGREEMENT ENTERED INTO BY THE  DORMITORY  AUTHORITY  PRIOR  TO
MARCH  THIRTY-FIRST,  TWO  THOUSAND THIRTEEN PURSUANT TO SECTION SIXTEEN
HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, and then to  fully  fund
the  AGGREGATE amount described in SUBPARAGRAPH FOUR OF PARAGRAPH (H) OF
SUBDIVISION EIGHT OF SECTION FIFTEEN, IN SUBDIVISION  THREE  OF  SECTION
TWENTY-FIVE-A  OF THIS CHAPTER AND IN section fifty-c of this chapter in
accordance with  each  SUCH  then  applicable  SPECIAL  DISABILITY  FUND
FINANCING AGREEMENT ENTERED INTO BY THE DORMITORY AUTHORITY ON OR SUBSE-
QUENT  TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, PURSUANT TO SECTION
SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, WITH  EACH  SUCH
THEN APPLICABLE FUND FOR REOPENED CASES FINANCING AGREEMENT ENTERED INTO
BY  THE DORMITORY AUTHORITY PURSUANT TO SUCH PROVISION OR WITH EACH THEN
APPLICABLE SELF-INSURED  BOND  financing  agreement  [pursuant  to  such
provisions]  ENTERED INTO BY THE DORMITORY AUTHORITY PURSUANT TO SECTION
SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC  AUTHORITIES  LAW,  RESPECTIVELY,
prior  to  application to any other purpose other than to pay any actual
costs of collecting such assessment that are not otherwise  funded.  For
purposes of this section, affected employer means all employers required
to obtain workers' compensation coverage pursuant to this chapter.
  8.  The  foregoing and every other [prevision] PROVISION of law to the
contrary notwithstanding, all moneys received on account of the  assess-
ment authorized by this section shall be deposited upon receipt into the
administrative clearing account held by the commissioner of taxation and
finance  and  applied,  as  pledged assessments for purposes of sections
sixteen hundred eighty-l and sixteen  hundred  eighty-q  of  the  public

S. 6405--A                         38                         A. 9005--A

authorities law and prior to any other application: first, in accordance
with any other provision of any special disability fund financing agree-
ment entered into prior to March thirty-first, two thousand thirteen, to
the  extent  required to fully fund the then current payment and reserve
requirements under such financing agreement WITH RESPECT  TO  THE  BONDS
ISSUED  BY  THE  DORMITORY AUTHORITY PURSUANT TO SECTION SIXTEEN HUNDRED
EIGHTY-L OF THE PUBLIC AUTHORITIES LAW PRIOR TO SUCH DATE;  and  second,
in  accordance  with  each  special  disability fund financing agreement
ENTERED INTO ON OR SUBSEQUENT TO MARCH THIRTY-FIRST, TWO THOUSAND  THIR-
TEEN, EACH FUND FOR REOPENED CASES FINANCING AGREEMENT and each self-in-
sured bond financing agreement, to the extent required to fully fund the
then  current payment and reserve requirements under each such financing
agreement [entered into after March thirty-first, two thousand thirteen]
with respect to bonds issued by  the  dormitory  authority  pursuant  to
either  section  sixteen  hundred  eighty-l  or  section sixteen hundred
eighty-q of the public authorities law, on a pari  passu  basis  without
preference or priority among all such other bonds. Such monies shall not
be  commingled with any other monies in the commissioner's custody prior
to the completion of such application and shall not be deemed to be part
of the state treasury or of any funds under management of the  state  OR
BE  DEEMED  MONEY OF THE STATE OR MONEY UNDER CONTROL OF THE STATE. This
section shall not be deemed  to  authorize  any  infringement  upon  the
rights  of  holders  of  such  bonds  issued  or to be issued under such
sections of the public authorities law. The provisions of  this  section
may  be  included  by  the  dormitory authority in any contract with the
holders of any such bonds. The operation of this section and the  appli-
cation  of  the  receipts  of  the assessment authorized by this section
shall be subject to the provisions of each financing  agreement  author-
ized pursuant to subparagraph four of paragraph (h) of subdivision eight
of  section  fifteen  [or  to]  OF THIS CHAPTER, section fifty-c of this
chapter, OR SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF  THIS  CHAPTER
and  this section shall not be deemed to authorize any infringement upon
the rights of holders of bonds issued or to be issued pursuant to either
such provision.
  S 16. Subdivision 3 of section 25 of the workers' compensation law  is
amended by adding a new paragraph (g) to read as follows:
  (G) NOTWITHSTANDING ANY OTHER PROVISION IN THIS CHAPTER, THE CHAIR MAY
BY  REGULATION  ELECT TO ESTABLISH A PERFORMANCE STANDARD CONCERNING THE
SUBJECT OF ANY PENALTY OR ASSESSMENT PROVISION APPLICABLE TO  AN  INSUR-
ANCE  CARRIER OR SELF-INSURED EMPLOYER, WHERE SUCH PENALTY OR ASSESSMENT
IS REMITTABLE TO THE NEW YORK STATE  TREASURY,  OR  CHAIR,  BUT  NOT  TO
CLAIMANTS  OR  ANY  OTHER  PAYEE OR FUND, AND IMPOSE A SINGLE PENALTY OR
ASSESSMENT UPON THE FAILURE TO  MEET  THAT  PROMULGATED  STANDARD,  WITH
NOTICE  TO  THE CARRIER OR SELF-INSURED EMPLOYER. THE PENALTY OR ASSESS-
MENT IMPOSED IN THE AGGREGATE SHALL BE PAYABLE TO THE CHAIR. SUCH AGGRE-
GATE PENALTY OR ASSESSMENT IMPOSED IN THE AGGREGATE SHALL BE PAYABLE  TO
THE CHAIR.  SUCH AGGREGATE PENALTY OR ASSESSMENT SHALL BE BASED UPON THE
NUMBER  OF  VIOLATIONS  AS  MULTIPLIED AGAINST THE APPLICABLE PENALTY OR
ASSESSMENT, BUT MAY BE NEGOTIATED BY THE CHAIR'S DESIGNEE IN FULL SATIS-
FACTION OF THE PENALTY OR ASSESSMENT.  A  FINAL  AGREEMENT  BETWEEN  THE
CHAIR'S DESIGNEE AND THE CARRIER OR SELF-INSURED EMPLOYER MAY BE SUBMIT-
TED  AND APPROVED SUBJECT TO SECTION THIRTY-TWO OF THIS ARTICLE, WITHOUT
NOTICE TO ANY CLAIMANT. ANY AGGREGATE PENALTY OR  ASSESSMENT  ISSUED  IN
THIS  SECTION  SHALL  BE  ISSUED ADMINISTRATIVELY, AND THE CHAIR MAY, BY
REGULATION, SPECIFY THE METHOD OF REVIEW  OR  REDETERMINATION,  AND  THE
PRESENTMENT  OF  EVIDENCE  AND  OBJECTIONS  SHALL  OCCUR SOLELY UPON THE

S. 6405--A                         39                         A. 9005--A

DOCUMENTATION. THE CARRIER OR SELF-INSURED EMPLOYER SHALL RECEIVE CREDIT
FOR ANY INSTANCES IN WHICH THE AGGREGATE PENALTY OR ASSESSMENT IS INCLU-
SIVE OF A PENALTY OR ASSESSMENT PREVIOUSLY ISSUED AND PAID IN  AN  INDI-
VIDUAL  CLAIM  OR PROCEEDING. A FINAL DETERMINATION IS SUBJECT TO REVIEW
UNDER SECTION TWENTY-THREE OF THIS  ARTICLE,  EXCEPT  THAT  NO  STAY  IN
PAYMENT  OF THE PENALTY OR ASSESSMENT SHALL APPLY PENDING THE OUTCOME OF
THE APPLICATION FOR ADMINISTRATIVE REVIEW. FAILURE TO  PAY  THE  FINALLY
DETERMINED  PENALTY  OR  ASSESSMENT, OR THE PENALTY OR ASSESSMENT AGREED
UPON PURSUANT TO SECTION THIRTY-TWO OF THIS ARTICLE, WITHIN TEN DAYS  OF
FILING,  SHALL  RESULT  IN  THE  IMPOSITION OF A TWENTY PERCENT PENALTY,
PAYABLE TO THE CHAIR. IN  THE  EVENT  OF  THE  CARRIER  OR  SELF-INSURED
EMPLOYER  INSTITUTING OR CONTINUING AN ISSUE WITHOUT REASONABLE GROUNDS,
THE PROVISIONS OF SUBDIVISION THREE OF SECTION ONE HUNDRED FOURTEEN-A OF
THIS CHAPTER SHALL BE APPLICABLE.
  S 17.  Subparagraph (c) of paragraph 7 of subdivision 3-a  of  section
50  of  the workers' compensation law, as amended by section 4 of part R
of chapter 56 of the laws of 2010, is amended to read as follows:
  (c) Upon the assumption of the assets and liabilities of a group self-
insurer by the chair or his or her designee pursuant  to  regulation  of
the chair, all records, documents and files of whatever nature, pertain-
ing to the group self-insurer, INCLUDING BUT NOT LIMITED TO ANY PROCURE-
MENT  RECORDS OF THE GROUP SELF-INSURER WITH RESPECT TO AN ASSUMPTION OF
WORKERS'  COMPENSATION  LIABILITY  INSURANCE  POLICY,  be  they  in  the
possession of the group self-insurer or a third party, and all remaining
assets  of  the  group  self-insurer,  shall  become the property of the
chair[. All] AND ANY SUCH ASSUMPTION OF WORKERS' COMPENSATION  LIABILITY
INSURANCE POLICY SHALL BE DEEMED OWNED AND ENFORCEABLE BY THE CHAIR FROM
ALL custodians of such records and/or funds shall turn over to the chair
or his designee all such original records upon demand.
  S 18. Subdivision 3 of section 50 of the workers' compensation law, as
amended by section 3 of part G of chapter 57 of the laws of 2011 and the
closing paragraph as further amended by section 104 of part A of chapter
62 of the laws of 2011, is amended to read as follows:
  3.  By  furnishing  satisfactory  proof  to the chair of his financial
ability to pay such compensation for himself, [or to  pay  such  compen-
sation  on behalf of a group of employers in accordance with subdivision
ten of this section, in which case the chair shall require the] IN WHICH
CASE ALL ELIGIBLE INDIVIDUAL SELF-INSURED EMPLOYERS  SHALL  COLLECTIVELY
SECURE  THEIR  LIABILITY  FOR THE PAYMENT OF WORKERS' COMPENSATION OBLI-
GATIONS THROUGH PARTICIPATION  IN  THE  POOLED  INDIVIDUAL  SELF-INSURED
EMPLOYER  FUND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE
CHAIR SHALL, BY REGULATION, SET  MINIMUM  CREDIT,  FINANCIAL,  OR  OTHER
CONDITIONS  THAT  AN INDIVIDUAL SELF-INSURED EMPLOYER MUST MEET IN ORDER
TO PARTICIPATE IN THE POOLED SECURITY SYSTEM. IN THE EVENT ANY  EXISTING
INDIVIDUAL SELF-INSURED EMPLOYER IS UNABLE TO MEET THE CONDITIONS SET BY
THE  CHAIR,  THE  EXISTING  INDIVIDUAL  SELF-INSURED  EMPLOYER  SHALL BE
EXCLUDED  FROM  PARTICIPATION  IN  THE  POOLED  INDIVIDUAL  SELF-INSURED
EMPLOYER  FUND  AND  THE EXISTING INDIVIDUAL SELF-INSURED EMPLOYER SHALL
POST A SEPARATE SECURITY DEPOSIT IN THE MANNER PROVIDED BY PARAGRAPH (H)
OF THIS SUBDIVISION. THE CHAIR SHALL  PROMULGATE  REGULATIONS  REQUIRING
THE  CHAIR  TO  SET AN AGGREGATE SECURITY REQUIREMENT FOR ALL INDIVIDUAL
SELF-INSURED EMPLOYERS PARTICIPATING IN THE POOLED  INDIVIDUAL  SELF-IN-
SURED  EMPLOYER  FUND  BASED ON A REVIEW OF ALL PARTICIPATING INDIVIDUAL
SELF-INSURED EMPLOYERS ANNUAL REPORTS AND ANY OTHER INFORMATION  AS  MAY
BE  SPECIFIED  BY THE CHAIR. THE CHAIR SHALL PROCURE AND MAINTAIN IN THE
POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND A COMBINATION OF  CASH  AND

S. 6405--A                         40                         A. 9005--A

INVESTMENT  SECURITIES  SATISFACTORY  TO  PROVIDE  ADEQUATE  SECURITY TO
SECURE THE PAYMENT OF THE AGGREGATE WORKERS' COMPENSATION OBLIGATIONS OF
ALL INDIVIDUAL SELF-INSURED EMPLOYERS PARTICIPATING IN THE FUND AS  WELL
AS ANY AMOUNTS AS MAY BE REASONABLY NECESSARY TO PAY FOR THE ADMINISTRA-
TIVE AND OTHER ACTIVITIES OF THE FUND. THIS AMOUNT SHALL BE KNOWN AS THE
AGGREGATE POOLED SECURITY AMOUNT. EACH PARTICIPATING INDIVIDUAL SELF-IN-
SURED  EMPLOYER  SHALL  PAY THE INITIAL ENTRY FEE REQUIRED HEREIN DURING
THEIR FIRST YEAR OF PARTICIPATION IN THE  FUND.  THIS  AMOUNT  SHALL  BE
KNOWN AS THE POOL DEPOSIT FEE. THEREAFTER, ON AN ANNUAL BASIS, THE CHAIR
SHALL  EVALUATE  THE  CONDITION  AND SUFFICIENCY OF THE AGGREGATE POOLED
SECURITY AMOUNT. WHERE NECESSARY, THE CHAIR SHALL REQUIRE  EACH  PARTIC-
IPATING  INDIVIDUAL SELF-INSURED EMPLOYER TO PAY A PARTICIPATION FEE, ON
A PRO RATA BASIS, SUFFICIENT TO BRING THE POOLED INDIVIDUAL SELF-INSURED
EMPLOYER FUND UP TO THE AGGREGATE POOLED SECURITY  AMOUNT.  THIS  AMOUNT
SHALL BE KNOWN AS THE POOL PARTICIPATION FEE. A PARTICIPATING INDIVIDUAL
SELF-INSURED EMPLOYER'S OBLIGATION TO PAY EITHER THE POOL DEPOSIT FEE OR
SUBSEQUENT  POOL  PARTICIPATION  FEES  SHALL CONTINUE, REGARDLESS OF THE
INDIVIDUAL SELF-INSURED EMPLOYER'S CESSATION  OF  PARTICIPATION  IN  THE
POOLED  INDIVIDUAL SELF-INSURED EMPLOYER FUND, FOR SO LONG AS THE FORMER
SELF-INSURED EMPLOYER SHALL CONTINUE TO HAVE WORKERS' COMPENSATION OBLI-
GATIONS ATTRIBUTABLE TO ITS PERIOD OF PARTICIPATION IN THE POOLED  INDI-
VIDUAL SELF-INSURED EMPLOYER FUND.
  (A) IN ORDER TO PROVIDE FOR THE AGGREGATE POOLED SECURITY AMOUNT, EACH
PARTICIPATING  INDIVIDUAL  SELF-INSURED  EMPLOYER SHALL PAY TO THE CHAIR
ITS POOL DEPOSIT FEE AND ANY ANNUAL POOL PARTICIPATION FEE WITHIN THIRTY
DAYS OF DEMAND BY THE CHAIR. THE AMOUNT OF THE POOL DEPOSIT FEE AND POOL
PARTICIPATION FEE PAID BY  EACH  PARTICIPATING  INDIVIDUAL  SELF-INSURED
EMPLOYER  SHALL  BE  SET  BY  THE  CHAIR, BASED ON HIS OR HER REASONABLE
CONSIDERATION, OF ALL THE FOLLOWING FACTORS:
  (I) THE TOTAL AMOUNT NEEDED TO PROVIDE  THE  POOLED  SECURITY  DEPOSIT
AMOUNT;
  (II)  THE  INDIVIDUAL SELF-INSURED EMPLOYER'S PAID OR INCURRED LIABIL-
ITIES AS REFLECTED IN ITS ANNUAL REPORT;
  (III) THE FINANCIAL STRENGTH AND CREDITWORTHINESS  OF  THE  INDIVIDUAL
SELF-INSURED EMPLOYER;
  (IV) ANY OTHER REASONABLE FACTORS AS MAY BE AUTHORIZED BY REGULATION.
  (B)  WITHIN  THIRTY (30) BUSINESS DAYS OF THE PARTICIPATING INDIVIDUAL
SELF-INSURED EMPLOYER PAYING ITS  POOL  DEPOSIT  FEE,  THE  CHAIR  SHALL
RELEASE  THE  SECURITY  DEPOSIT  POSTED BY THE SELF-INSURED EMPLOYER AND
HELD BY THE CHAIR PURSUANT  TO  PARAGRAPH  (H)  OF  THIS  SECTION.  UPON
PAYMENT  OF  THE  POOL DEPOSIT FEE AND ANY SUBSEQUENT POOL PARTICIPATION
FEES, AND EXCEPT AS PROVIDED HEREIN, THE INDIVIDUAL SELF-INSURED EMPLOY-
ER LOSES ALL RIGHT, TITLE, AND INTEREST IN THE POOL DEPOSIT FEE AND POOL
PARTICIPATION FEE. TO THE EXTENT THAT IN ANY ONE YEAR THE  POOL  DEPOSIT
FEE  OR  POOL  PARTICIPATION  FEE  PAID  BY ALL PARTICIPATING INDIVIDUAL
SELF-INSURERS IS NOT EXHAUSTED IN THE PURCHASE OF INVESTMENT  SECURITIES
OBTAINED  BY  THE CHAIR AS PART OF THE AGGREGATE POOLED SECURITY AMOUNT,
THE SURPLUS SHALL REMAIN WITH THE CHAIR AND THE PRINCIPAL  AND  INTEREST
EARNED  ON  THAT SURPLUS SHALL BE USED TO REDUCE ANY FUTURE POOL FEES IN
SUBSEQUENT YEARS.
  (C) IF ANY PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER  OBJECTS  TO
THE  CALCULATION,  POSTING,  OR  ANY OTHER ASPECT OF ITS POOL FEES, UPON
PAYMENT OF THE POOL FEE IN THE TIME PROVIDED, THE  EMPLOYER  SHALL  HAVE
THE  RIGHT TO APPEAL THE POOL FEE TO THE CHAIR, WHO SHALL HAVE EXCLUSIVE
JURISDICTION OVER THIS DISPUTE. IF ANY PARTICIPATING INDIVIDUAL SELF-IN-
SURED EMPLOYER FAILS TO PAY EITHER ITS POOL DEPOSIT FEE OR POOL  PARTIC-

S. 6405--A                         41                         A. 9005--A

IPATION  FEE  IN  THE  TIME PROVIDED, THE EMPLOYER SHALL: (I) BE REMOVED
FROM THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND; AND  (II)  PAY  A
PENALTY  OF  NOT  LESS  THAN  TEN (10) PERCENT NOR MORE THAN THIRTY (30)
PERCENT  OF  ITS  POOL  FEE.  THE  PENALTY SHALL BE PAID DIRECTLY TO THE
POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND.  IN  THE  EVENT  THAT  THE
SELF-INSURED EMPLOYER FAILS OR NEGLECTS TO PAY THE PENALTY WITHIN THIRTY
DAYS,  THE EMPLOYER SHALL BE DEEMED IN DEFAULT IN THE PAYMENT OF COMPEN-
SATION TO ITS EMPLOYEES AND THE CHAIR MAY FILE A  JUDGMENT  AGAINST  THE
SELF-INSURED  EMPLOYER, PURSUANT TO THE PROVISIONS OF SECTION TWENTY-SIX
OF THIS CHAPTER, IN THE AMOUNT OF THE UNPAID PENALTY. THE CHAIR MAY ALSO
REVOKE THE AUTHORIZATION TO SELF-INSURE OF ANY  INDIVIDUAL  SELF-INSURED
EMPLOYER  WHO FAILS TO PAY A POOL FEE IN THE TIME PROVIDED IN WHICH CASE
THE EMPLOYER MUST INSURE THE PAYMENT OF SUCH COMPENSATION IN  THE  STATE
FUND  OR  WITH  ANY  STOCK CORPORATION, MUTUAL CORPORATION OR RECIPROCAL
INSURER AUTHORIZED TO TRANSACT THE  BUSINESS  OF  WORKERS'  COMPENSATION
INSURANCE  IN  THIS  STATE THROUGH A POLICY ISSUED UNDER THE LAW OF THIS
STATE WITHIN THIRTY DAYS.
  (D) UPON THE CHAIR'S POSTING OF THE AGGREGATE POOLED  SECURITY  AMOUNT
IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, SAID SECURITY SHALL
BE PAID OVER TO THE COMMISSIONER OF TAX AND FINANCE, AS CUSTODIAN OF THE
FUND UNTIL THE CHAIR DETERMINES THAT A PARTICIPATING INDIVIDUAL SELF-IN-
SURED EMPLOYER HAS FAILED OR NEGLECTED TO MEET ITS WORKERS' COMPENSATION
OBLIGATIONS  AS  REQUIRED  BY  THIS  CHAPTER,  AND THE CHAIR DIRECTS THE
COMMISSIONER OF TAX AND FINANCE TO COMMENCE PAYMENT OF SUCH UNMET  SELF-
INSURANCE  OBLIGATIONS  THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND
CONSISTENT WITH THE PROVISIONS OF PARAGRAPH  (E)  OF  THIS  SUBDIVISION.
UPON  ORDERING  THE  POOLED  INDIVIDUAL  SELF-INSURED  EMPLOYER  FUND TO
COMMENCE PAYMENT, THE COMMISSIONER OF TAX AND FINANCE SHALL UTILIZE  THE
AGGREGATE  POOLED SECURITY AMOUNT NECESSARY TO MEET THE WORKERS' COMPEN-
SATION OBLIGATIONS OF THE DEFAULTING PARTICIPATING  INDIVIDUAL  SELF-IN-
SURED EMPLOYER. IN THE EVENT ADDITIONAL FUNDS ARE NEEDED IN FUTURE YEARS
TO  MEET THE WORKERS' COMPENSATION OBLIGATIONS OF ANY FORMER PARTICIPAT-
ING INDIVIDUAL  SELF-INSURED  EMPLOYER,  WHO  THEREAFTER  DEFAULTS  WITH
RESPECT  TO  ITS OBLIGATIONS INCURRED DURING ITS PERIOD OF PARTICIPATION
IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER  FUND,  THE  CHAIR  SHALL
DIRECT  THE  COMMISSIONER  OF  TAX  AND FINANCE TO MAKE AVAILABLE TO THE
POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND ANY PORTIONS OF THE  AGGRE-
GATE  POOLED  SECURITY AMOUNT AS MAY BE NEEDED TO PAY THOSE BENEFITS. IN
THE DISCRETION OF THE CHAIR, IN THE EVENT THAT THE  OBLIGATIONS  ASSOCI-
ATED WITH THE DEFAULT OF PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYERS
ARE  SUCH  THAT  THEY  JEOPARDIZE  THE SOLVENCY OF THE POOLED INDIVIDUAL
SELF-INSURED EMPLOYER FUND, THE CHAIR MAY  REQUEST  THAT  THE  DORMITORY
AUTHORITY  OF THE STATE OF NEW YORK ISSUE BONDS, CONSISTENT WITH SECTION
SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW, AND PURSUANT  TO
SELF-INSURED BOND FINANCE AGREEMENT DESCRIBED IN SECTION FIFTY-C OF THIS
ARTICLE TO MEET SUCH UNMET OBLIGATIONS OF SELF-INSURED EMPLOYERS.
  (E)  THE CASH PORTION OF THE AGGREGATE POOLED SECURITY AMOUNT SHALL BE
SEGREGATED FROM ALL OTHER FUNDS HELD  UNDER  THE  WORKERS'  COMPENSATION
LAW,  AND  SHALL  BE INVESTED AS HEREIN PROVIDED FOR THE SOLE BENEFIT OF
THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, AND MAY  NOT  BE  USED
FOR  ANY OTHER PURPOSE BY THE STATE. THE COMMISSIONER OF TAX AND FINANCE
SHALL BE THE CUSTODIAN OF THE POOLED  INDIVIDUAL  SELF-INSURED  EMPLOYER
FUND  AND  ALL DISBURSEMENTS FROM SAID FUND SHALL BE MADE BY THE COMMIS-
SIONER OF TAX AND FINANCE UPON VOUCHERS SIGNED BY THE CHAIR OF THE WORK-
ERS' COMPENSATION BOARD OR HIS OR HER DESIGNEE. MONIES NOT REQUIRED  FOR
IMMEDIATE USE OR DISBURSEMENT MAY BE INVESTED BY THE COMMISSIONER OF TAX

S. 6405--A                         42                         A. 9005--A

AND  FINANCE IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT
OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE
STATE OR THE UNITED STATES OR IN ANY  OTHER  OBLIGATIONS  IN  WHICH  THE
COMPTROLLER  OF  THE  STATE  IS AUTHORIZED TO INVEST PURSUANT TO SECTION
NINETY-EIGHT OF THE STATE FINANCE  LAW.  THE  COMMISSIONER  OF  TAX  AND
FINANCE  MAY  SELL  ANY  OF THE SECURITIES OR CERTIFICATES OF DEPOSIT IN
WHICH SAID FUND IS INVESTED, IF ADVISABLE FOR ITS PROPER  ADMINISTRATION
OR  IN THE BEST INTEREST OF SUCH FUND, AND ALL EARNINGS FROM THE INVEST-
MENTS OF SUCH FUND SHALL BE CREDITED TO SUCH FUND.
  (F) THE CHAIR SHALL IMPLEMENT THE PROVISIONS OF  THIS  SUBDIVISION  BY
PROMULGATING  RULES  AND  REGULATIONS  BUT  NO SUCH RULES OR REGULATIONS
SHALL BE NECESSARY FOR ANY PROVISION OF THIS SUBDIVISION  TO  BE  EFFEC-
TIVE.
  (G) FOR THOSE INDIVIDUAL EMPLOYERS SELF-INSURING PURSUANT TO PARAGRAPH
(H)  OF THIS SUBDIVISION, SAID EMPLOYERS SHALL ALSO PAY AN ANNUAL FEE TO
THE CHAIR FOR DEPOSIT INTO THE POOLED  INDIVIDUAL  SELF-INSURANCE  FUND.
THE  CHAIR  SHALL  CALCULATE  THIS ANNUAL FEE IN THE SAME MANNER AS POOL
FEES SET FORTH ABOVE.
  (H) FOR THOSE EMPLOYERS WHO SELF-INSURED INDIVIDUALLY AS OF THE EFFEC-
TIVE DATE OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND BUT  WHICH
DO  NOT MEET THE QUALIFICATIONS FOR PARTICIPATION THEREIN, AND FOR THOSE
EMPLOYERS WHO SELF-INSURE FOR ARTICLE 9 BENEFITS, SUCH INDIVIDUAL  SELF-
INSURED  EMPLOYER SHALL deposit with the chair of such securities as the
chair may deem necessary of the kind  prescribed  in  subdivisions  one,
two,  three,  four  and five, and subparagraph (a) of paragraph three of
subdivision seven of section two hundred thirty-five of the banking law,
or the deposit of cash, or the filing of irrevocable letters  of  credit
issued by a qualified banking institution as defined by rules promulgat-
ed  by  the chair or the filing of a bond of a surety company authorized
to transact business in this state, in an amount to be determined by the
chair, or the posting and filing as aforesaid of a combination  of  such
securities,  cash,  irrevocable  letters of credit and surety bond in an
amount to be determined by the chair, to secure his liability to pay the
compensation provided in this chapter. Any  such  surety  bond  must  be
approved as to form by the chair. If an employer [or group of employers]
posts  and  files a combination of securities, cash, irrevocable letters
of credit and surety bond as aforesaid, and if it becomes  necessary  to
use the same to pay the compensation provided in this chapter, the chair
shall first use such securities or cash or irrevocable letters of credit
and,  when  the  full  amount  thereof has been exhausted, he shall then
require the surety to pay forthwith to the chair all or any part of  the
penal  sum  of  the bond for that purpose. The chair may also require an
agreement on the part of the employer [or group of employers] to pay any
awards commuted under section twenty-seven of  this  chapter,  into  the
special  fund  of the state fund, as a condition of his being allowed to
remain [uninsured] SELF-INSURED pursuant  to  this  section.  The  chair
shall  have  the  authority  to  deny the application of an employer [or
group of employers] to pay such compensation for himself  or  to  revoke
his  consent  furnished,  under this section at any time, for good cause
shown. [The] AN INDIVIDUAL employer [or group of  employers]  qualifying
under this subdivision shall be known as [a] AN INDIVIDUAL self-insurer.
  If  for  any  reason the status of an employer [or group of employers]
under this subdivision is terminated, the securities or the surety bond,
or the securities, cash, or irrevocable letters  of  credit  and  surety
bond,  on  deposit referred to herein shall remain in the custody of the
chair for such time as the chair may deem proper and warranted under the

S. 6405--A                         43                         A. 9005--A

circumstances. In lieu thereof, and at the discretion of the chair,  the
employer, his or her heirs or assigns or others carrying on or liquidat-
ing  such  business,  may execute an assumption of workers' compensation
liability  insurance  policy securing such further and future contingent
liability as may arise from prior injuries to workers and be incurred by
reason of any change in condition of such workers warranting  the  board
making  subsequent  awards  for payment of additional compensation. Such
policy shall be in a form approved by the  superintendent  of  financial
services  and issued by the state fund or any insurance company licensed
to issue this class of insurance in this state. In the event  that  such
policy is issued by an insurance company other than the state fund, then
said  policy  shall be deemed of the kind specified in paragraph fifteen
of subsection (a) of section one thousand one hundred  thirteen  of  the
insurance  law and covered by the workers' compensation security fund as
created and governed by article six-A of this chapter. It shall only  be
issued  for a single complete premium payment in advance by the employer
[or group of employers] and in an amount deemed acceptable by the  chair
and the superintendent of financial services.  In lieu of the applicable
premium  charge  ordinarily  required  to  be imposed by a carrier, said
premium shall include a surcharge in an amount to be determined  by  the
chair  to:  (i)  satisfy  all  assessment liability due and owing to the
board and/or the chair under this chapter; and (ii) satisfy  all  future
assessment  liability  under this section[, and which surcharge shall be
adjusted from time to time to reflect any changes to the  assessment  of
group self-insured employers, including any changes enacted by the chap-
ter of the laws of two thousand eleven amending sections fifteen and one
hundred  fifty-one  of this chapter]. Said surcharge shall be payable to
the board simultaneous to the execution of the  assumption  of  workers'
compensation  liability  insurance  policy. However, the payment of said
surcharge does not relieve the carrier from any other liability, includ-
ing liability owed to the superintendent of financial services  pursuant
to  article six-A of this chapter. When issued such policy shall be non-
cancellable without recourse for any cause during the continuance of the
liability secured and so covered.
  (I) THERE IS ESTABLISHED AN ADVISORY COMMITTEE FOR THE POOLED INDIVID-
UAL SELF-INSURED EMPLOYER FUND WHOSE MEMBERSHIP  SHALL  CONSIST  OF  THE
CHAIR  OR  HIS  OR  HER  DESIGNEE,  FOUR  REPRESENTATIVES  OF INDIVIDUAL
SELF-INSURERS NOMINATED BY THE NEW YORK STATE SELF-INSURANCE ASSOCIATION
AND APPROVED BY THE CHAIR, AND FOUR  MEMBERS  TO  BE  APPOINTED  BY  THE
GOVERNOR AS FOLLOWS: ONE UPON NOMINATION OF THE SPEAKER OF THE ASSEMBLY,
ONE  UPON  NOMINATION  OF THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO
OTHERS WITHOUT LIMITATION. THE ADVISORY COMMITTEE  SHALL  MEET  NO  LESS
THAN  ANNUALLY  AND  SHALL  PREPARE A REPORT AVAILABLE TO THE PUBLIC FOR
INSPECTION ON OR BEFORE FEBRUARY FIRST, OF EACH YEAR MAKING  RECOMMENDA-
TIONS CONCERNING:
  (I) THE STANDARDS FOR PARTICIPATION IN THE POOL;
  (II) THE ADEQUACY OF THE FUNDING OF THE POOL;
  (III) PAYMENT OF CLAIMS INSURED BY DEFAULTED POOL PARTICIPANTS;
  (IV) THE LONG TERM VIABILITY OF THE POOL; AND
  (V)  SUCH  OTHER  TOPICS RELATED TO THE POOL AS THE ADVISORY COMMITTEE
MAY DEEM NECESSARY.
  S 19. Paragraphs c, f, and g of subdivision 5 of  section  50  of  the
workers'  compensation  law,  as  amended  by chapter 139 of the laws of
2008, are amended to read as follows:
  c. (1) The chair and the department of audit and control  as  soon  as
practicable after May first, nineteen hundred sixty, and annually there-

S. 6405--A                         44                         A. 9005--A

after, as soon as practicable after April first in each succeeding year,
shall ascertain the total amount of net expenses, including (a) adminis-
trative  expenses,  which  shall  include  the  direct costs of personal
services,  the cost of maintenance and operation, the cost of retirement
contributions made and workers' compensation premiums paid by the  State
for  or  on  account  of  personnel, rentals for space occupied in state
owned or state leased buildings, and (b) all direct  or  indirect  costs
incurred  by  the board during the preceding fiscal year in carrying out
the provisions of subdivision three and three-a of this  section  EXCEPT
THOSE  EXPENSES  ASSOCIATED  WITH  THE  POOLED  INDIVIDUAL  SELF-INSURED
EMPLOYERS FUND.  Such expenses shall be adjusted  quarterly  to  reflect
any  change  in circumstances, and shall be assessed against all private
self-insured employers, including for this purpose active and terminated
group self-insurers, active individual self-insured employers, and indi-
vidual self-insured employers who have ceased to exercise the  privilege
of  self-insurance  INCLUDING  THOSE  INDIVIDUAL  SELF-INSURED EMPLOYERS
PARTICIPATING IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND.
  (2) Such expenses shall be assessed against all self-insurers  includ-
ing for this purpose employers who have ceased to exercise the privilege
of  self-insurance. The basis of apportionment of the assessment against
each self-insurer shall be a sum equal to that proportion of the  amount
which  the  indemnity  payment  for  each self-insurer bore to the total
indemnity payments for all self-insurers for  the  calendar  year  which
ended  within the preceding state fiscal year. All such assessments when
collected shall be deposited into a fund which shall be  used  to  reim-
burse  the  appropriations theretofore made by the state for the payment
of the expenses of administering this chapter.
  [(3) Pure premium for assessments made prior  to  January  first,  two
thousand  nine  against individual and group self-insurers who ceased to
self-insure shall be based on payroll at  the  time  the  individual  or
group  self-insurer  has  ceased  to  self-insure,  reduced  by a factor
reflecting the reduction in the group or individual self-insurer's self-
insurance liabilities since ceasing to self-insure.]
  f. Whenever the chair shall determine that the compensation and  bene-
fits  provided by this chapter may be unpaid by reason of the default of
an insolvent private self-insured employer, including  a  private  group
self-insurer,  EXCEPT  AN INDIVIDUAL SELF-INSURED EMPLOYER PARTICIPATING
IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND,  the  chair  shall
pay  such  compensation  and  benefits  from  administration expenses as
provided in section one hundred fifty-one of this chapter upon audit and
warrant of the comptroller upon vouchers approved  by  the  chair.  Such
payments shall be considered expenses of administration. The chair shall
be reimbursed therefor from the surety bond, cash or securities held or,
if  such surety bond, securities or cash is insufficient, by the employ-
er, its receiver, liquidator, rehabilitator or  trustee  in  bankruptcy.
All  moneys  reimbursed  to  the  chair  or recovered by the chair in an
action or proceeding to secure such  reimbursement  shall  forthwith  be
applied  as a credit against the expenses on which the assessment levied
upon all private self-insured employers, in accordance with paragraphs c
and e of this subdivision, is calculated.
  g. Whenever the chair shall determine that the compensation and  bene-
fits  provided by this chapter may be unpaid by reason of the default of
an insolvent private self-insured employer, including  a  private  group
self-insurer,  EXCEPT  AN INDIVIDUAL SELF-INSURED EMPLOYER PARTICIPATING
IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND,  the  chair  shall
levy an assessment against all private self-insured employers, including

S. 6405--A                         45                         A. 9005--A

private  group  self-insurers,  in accordance with paragraphs c and e of
this subdivision to assure prompt payment of such compensation and bene-
fits. Whenever compensation and benefits are unpaid by  reason  of  such
default,  the  chair  shall  promptly pay such compensation and benefits
from administration expenses as provided in section one  hundred  fifty-
one  of  this  chapter  upon  audit  and warrant of the comptroller upon
vouchers approved by the chair. Nothing in this paragraph shall preclude
the chair from recovering the moneys it expends from its  administrative
expenses  against  the defaulted individual self-insurer, or the members
of the defaulted group self-insurer,  as  otherwise  permitted  by  this
chapter.
  S  20.  Section  134  of  the  workers' compensation law is amended by
adding a new subdivision 5 to read as follows:
  5. IN ACCORDANCE WITH RULES ADOPTED BY  THE  DEPARTMENT  OF  LABOR  IN
CONSULTATION  WITH THE DEPARTMENT OF FINANCIAL SERVICES AND THE WORKERS'
COMPENSATION BOARD AND UPON RECEIPT  OF  THE  WRITTEN  NOTIFICATION  SET
FORTH  IN SUBDIVISION TWO OF THIS SECTION, THE EMPLOYER'S NAME AND OTHER
RELEVANT INFORMATION SHALL BE ADDED TO A PUBLISHED LIST OF ALL EMPLOYERS
WHOSE MOST RECENT ANNUAL PAYROLL IS IN EXCESS OF EIGHT HUNDRED  THOUSAND
DOLLARS  AND  WHOSE  MOST  RECENT EXPERIENCE RATING EXCEEDS THE LEVEL OF
1.2. NO EMPLOYER SHALL BE REMOVED FROM SUCH LIST UNTIL SUCH TIME AS  THE
EMPLOYER  SUBMITS  TO  THE  DEPARTMENT  OF  LABOR  THE  CERTIFICATION OF
COMPLETION  OF  THE  WORKPLACE  SAFETY  AND  LOSS   PREVENTION   PROGRAM
PRESCRIBED  HEREIN.  INSURERS  THAT ISSUE WORKERS' COMPENSATION COVERAGE
SHALL CONSULT SUCH LIST PRIOR TO ISSUING A POLICY AND SHALL, IF APPLICA-
BLE, IMPOSE THE SURCHARGE OF  THE  EMPLOYER'S  MANUAL  RATE  PREMIUM  IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION MEASURED FROM THE DATE
OF WRITTEN NOTIFICATION IN SUBDIVISION TWO OF THIS SECTION.
  S  21.  Section  140  of  the workers' compensation law, as amended by
chapter 57 of the laws of 1951, is amended to read as follows:
  S 140. [Workmen's] WORKERS' compensation board. The [workmen's]  WORK-
ERS'  compensation board in the department of labor is hereby continued.
Such board shall consist of [thirteen] SEVEN members,  at  least  [four]
THREE of whom shall be attorneys and counsellors-at-law duly admitted to
practice  in  this state. The members of the board shall be appointed by
the governor, by and with the advice and  consent  of  the  senate.  The
members of the board in office, together with the additional members and
the  members  appointed  to  fill  vacancies,  if  any, at the time this
section takes effect, shall continue, notwithstanding the appointment of
any of the members for a term expiring on  a  different  date,  to  hold
office  for  terms to be assigned by the governor by and with the advice
and consent of the senate[; two such terms to expire on  December  thir-
ty-first,  nineteen  hundred  fifty;  two  to expire on December thirty-
first, nineteen hundred fifty-one; two to  expire  on  December  thirty-
first,   nineteen   hundred   fifty-two;   two  to  expire  on  December
thirty-first, nineteen hundred fifty-three; two to  expire  on  December
thirty-first,  nineteen  hundred  fifty-four;  two to expire on December
thirty-first, nineteen hundred fifty-five; and one to expire on December
thirty-first, nineteen hundred fifty-six. The]. UPON THE EXPIRATION OF A
SEVEN YEAR TERM, THE members next appointed, except to  fill  a  vacancy
created  otherwise  than  by  expiration of term, shall be appointed for
terms of seven years. The governor shall designate one of the members of
the board as chairman and another as vice-chairman.
  S 22. Section 142 of the workers' compensation law, as added by  chap-
ter  74  of the laws of 1945, subdivision 2 as amended by chapter 608 of
the laws of 1989, the opening paragraph of subdivision 2 as  amended  by

S. 6405--A                         46                         A. 9005--A

section  12  of  part GG of chapter 57 of the laws of 2013, section 5 as
amended by chapter 924 of the laws of 1990, subdivision 6  as  added  by
chapter  635  of  the laws of 1996 and subdivision 7 as added by chapter
452 of the laws of 2005, is amended to read as follows:
  S  142.  General powers and duties of the [workmen's] WORKERS' compen-
sation board. 1.  The [workmen's] WORKERS' compensation board shall have
power to hear and determine all claims for compensation or  benefits  or
relating  to special funds created under the provisions of this chapter,
in the manner provided by this chapter; to require medical  service  for
injured employees as provided by this chapter; to approve and fix attor-
ney's fees and claims for medical service to the extent provided in this
chapter;  to  excuse failure to give notice either of injury or death of
an employee, to approve agreements, to modify or rescind awards, to make
conclusions of fact and rulings of law,  to  certify  questions  to  the
appellate  division  of  the  supreme court, to enter orders in appealed
cases, to determine the time for the payment of compensation,  to  order
the  reimbursement  of  employers for amounts advanced, to assess penal-
ties, to commute awards, to compromise actions  for  the  collection  of
awards,  to  require or permit employers to deposit the present value of
awards in the aggregate trust fund of the state fund,  to  determine  by
rule  the assignment of a minor's right to sue a third party, to require
guardianship for minor dependents, to hear and  determine  claims  under
the  occupational  disease  act, to order physical examinations, to take
testimony by depositions; and to have and exercise all other powers  and
duties,   exclusive   of  purely  administrative  functions,  originally
conferred or imposed upon the [workmen's] WORKERS' compensation  commis-
sion  by  this  chapter,  or  by  any  other statute, and by chapter six
hundred and  seventy-four  of  the  laws  of  nineteen  hundred  fifteen
conferred  and  imposed  upon  the industrial commission, and by chapter
fifty of the laws of nineteen hundred twenty-one conferred  and  imposed
upon the industrial board. For the purpose of exercising such powers and
performing  such  duties,  the  [workmen's]  WORKERS' compensation board
shall be deemed to be a continuation of the  industrial  board  provided
for  by  the provisions of the labor law; and all proceedings under this
chapter pending before such board are hereby transferred to  the  [work-
men's]  WORKERS'  compensation  board without prejudice to the rights of
any party to such proceeding.
  The [workmen's] WORKERS' compensation board, subject to the provisions
of this chapter and of the  provisions  of  the  labor  law  as  to  the
distribution  of  functions,  shall  succeed  to all the rights, powers,
duties and obligations  of  the  department  of  labor,  the  industrial
commissioner  and  the  industrial  board,  in  so far as they relate to
[workmen's] WORKERS' compensation,  as  heretofore  constituted,  except
such  as  are  vested  in  the chairman of the board by this article and
except with respect to article six of this chapter.
  Whenever the term "industrial board" or the "chairman" or "vice-chair-
man" thereof appears in this chapter or in the provisions of  the  labor
law  after  the time this article takes effect, it shall be construed to
mean the [workmen's] WORKERS' compensation board or the chairman  there-
of,  as created by the provisions of this chapter, as may be required by
the context unless the contrary shall be indicated.
  2. [Any] EXCEPT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, ANY
review, hearing, rehearing, inquiry or investigation required or author-
ized to be conducted or made by the workers' compensation board  may  be
conducted  or made by any panel of the board consisting of not less than
three members thereof, and the order, decision  or  determination  of  a

S. 6405--A                         47                         A. 9005--A

majority  of  the members of a panel shall be deemed the order, decision
or determination of the board from the date of filing thereof  with  the
secretary of the board, unless the board on its own motion, or on appli-
cation by a party in interest for a full board review made in accordance
with  section twenty-three of this chapter, shall modify or rescind such
order, decision or determination. [Four panels shall be  constituted  at
all  times,  and  the  chair shall assign the members to the panels upon
which they shall serve.] At least one member on each panel shall  be  an
attorney  and  counsellor-at-law,  but the absence of an attorney on any
panel shall not invalidate the order, decision  or  determination  of  a
majority  of  the members of the panel if at least two affirmative votes
are cast in favor of such action. The panels  shall  be  constituted  so
that  the  members  of  the  board  shall  alternate in their periods of
service together thereon. Whenever a number of proceedings remains pend-
ing before the board for a period in excess of thirty days,  members  of
the  board  shall  hold  hearings  and otherwise act in the discharge of
their duties evenings and at other convenient times on all days  of  the
week  except  Sundays,  in addition to the times when they would perform
such duties in the ordinary conduct of the business  of  the  board,  in
order  to  expedite the disposal thereof.  The chair may and shall, when
directed by the governor, prescribe the hours and  the  times  for  such
additional performance of duty by the members of the board and the peri-
od or periods for the continuance thereof.
  3.  THE  CHAIR  OF  THE  BOARD, OR CHAIR'S DESIGNEE, MAY DESIGNATE ANY
BOARD EMPLOYEE WHO IS LICENSED TO PRACTICE LAW IN THE STATE OF NEW  YORK
OR  A SINGLE BOARD MEMBER TO CONDUCT AN APPELLATE REHEARING OR REVIEW OF
ANY ORDER, DECISION OR DETERMINATION WHICH RESOLVES  ANY  ISSUES,  OTHER
THAN  THE  DETERMINATION  OF  COMPENSABILITY IN A CONTROVERTED CLAIM AND
REVERSE, MODIFY OR AFFIRM SUCH ORDER, DECISION OR DETERMINATION. IN  THE
ABSENCE  OF  A  DESIGNATION,  AND  IN  THE  CASE  OF  THE DETERMINATIONS
MENTIONED ABOVE, THE REHEARING OR REVIEW SHALL BE CONDUCTED BY A  THREE-
MEMBER  PANEL  OF BOARD MEMBERS. DISCRETION AS TO DESIGNATIONS IS SOLELY
WITH THE CHAIR OR THE CHAIR'S DESIGNEE, AND SHALL NOT BE BASED UPON  THE
REQUEST  OF  ANY  PARTY,  NOR SHALL ANY DESIGNATION BE SUBJECT TO REVIEW
UNDER SECTION TWENTY-THREE OF THIS  CHAPTER.  THE  ORDER,  DECISION,  OR
DETERMINATION  ISSUED  BY  ANY  SUCH  DESIGNATED BOARD EMPLOYEE OR BOARD
MEMBER ON SUCH A CLAIM SHALL BE DEEMED THE ORDER, DECISION, OR  DETERMI-
NATION OF THE BOARD FROM THE DATE OF THE FILING THEREOF IN THE OFFICE OF
THE  SECRETARY  OF  THE  BOARD UNLESS THE BOARD, ON ITS OWN MOTION OR ON
APPLICATION DULY MADE TO IT, MODIFY OR RESCIND SUCH DECISION. THE  CHAIR
MAY  PROMULGATE  RULES,  OR  THE  BOARD MAY PROMULGATE A SUBJECT NUMBER,
REGARDING REHEARING AND REVIEW DESIGNATIONS UNDER THIS SUBDIVISION.
  Notwithstanding any provision in  this  section  to  the  contrary,  a
member  of  the board may be designated by the chair to act individually
in the hearing and determination of any claim  under  this  chapter,  or
conduct  any  investigation, hearing or inquiry hereunder, or review and
rescind any order, decision or determination upon any claim and  restore
such  claim  for  further  trial  hearing  and evidence or consideration
except that such member may not conduct any appellate rehearing  of  any
case  or  otherwise review any order, decision or determination upon any
claim and reverse, modify or affirm such  order,  decision  or  determi-
nation  which  by  the  provisions  of  this section shall be reheard or
reviewed by the board or a panel thereof.
  [3.] 4. The members of the [workmen's] WORKERS' compensation board,  a
referee or any other officer or employee of the board if duly authorized

S. 6405--A                         48                         A. 9005--A

by  the  chairman,  may  administer oaths and take affidavits in matters
relating to the provisions of this chapter.
  The members of the [workmen's] WORKERS' compensation board, the refer-
ees and any other officer of the board designated by the chairman, shall
have power:
  a.  To  issue subpoenas for and compel the attendance of witnesses and
the  production  of  books,  contracts,  papers,  documents  and   other
evidence;
  b.  To  hear  testimony  and  take or cause to be taken depositions of
witnesses residing within or without this state in the manner prescribed
by law for like depositions in  civil  actions  in  the  supreme  court.
Subpoenas  and  commissions  to take testimony shall be issued under the
seal of the board.
  [4.] 5. Notwithstanding the provisions of any other law,  neither  the
industrial  commissioner nor any board or other agency of the department
of labor shall in any way direct, review, modify or reverse any decision
or finding of the board nor shall the  industrial  commissioner  or  any
board  or  other  agency of the department of labor supervise or control
the board or its members in  the  exercise  of  any  powers  or  in  the
performance of any duties under this chapter.
  [5.]  6. The workers' compensation board shall keep an accurate record
of all hearings held. Where the decision of a referee is affirmed by the
board upon review, OR WHERE THE DECISION IS MODIFIED  IN  PART,  BUT  IS
AFFIRMED  AS TO THE SUBSTANTIAL PORTION OF ISSUES RAISED UPON THE APPLI-
CATION FOR REVIEW OR IF REVIEW IS DENIED, the board shall assess against
each insurance carrier or employer seeking such review the  sum  of  one
hundred  fifty dollars and may assess against any other party the sum of
twenty dollars. The amount so secured from these  assessments  shall  be
paid into the state treasury.
  [6.] 7. The workers' compensation board shall not release any informa-
tion acquired pursuant to section five hundred thirty-seven of the labor
law  and  section  one  hundred  seventy-one-a of the tax law unless the
release of such information is required to further fraud control  activ-
ities  undertaken  by  the  workers' compensation board pursuant to this
chapter, in which case release of such information shall be  subject  to
the  restrictions  contained in section five hundred thirty-seven of the
labor law and section one hundred seventy-one-a of the tax law.
  [7.] 8. Where there has been a motor  vehicle  accident  which  caused
personal injury and there is a dispute as to whether the injury occurred
in  the  course  of  employment,  the workers' compensation board shall,
after notice to the  no-fault  carrier  and  the  workers'  compensation
carrier,  hold an expedited hearing on the issue of whether the accident
occurred during the course of employment.
  S 23. Subdivision 6 of section 151 of the workers' compensation law is
amended by adding a new paragraph (c) to read as follows:
  (C) EFFECTIVE IMMEDIATELY, NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
PURSUANT  TO  THE  PROVISIONS  OF  THIS CHAPTER, THE ASSESSMENT RESERVES
REMITTED TO THE CHAIR PURSUANT TO THIS PARAGRAPH SHALL, AT  THE  REQUEST
OF THE DIRECTOR OF THE BUDGET, BE DISTRIBUTED AS FOLLOWS:
  (I)  EFFECTIVE  IMMEDIATELY,  THE  CHAIR  OF THE WORKERS' COMPENSATION
BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO SIXTY MILLION DOLLARS TO
IMPLEMENT INFRASTRUCTURE AND SYSTEM UPGRADES CONSISTENT WITH RECOMMENDA-
TIONS OF THE WORKERS'  COMPENSATION  BOARD  REDESIGN  AND  REENGINEERING
PROJECT.
  (II)  EFFECTIVE  IMMEDIATELY,  THE  CHAIR OF THE WORKERS' COMPENSATION
BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO  FIFTY  MILLION  DOLLARS

S. 6405--A                         49                         A. 9005--A

FOR:  (A)  TRANSFER INTO THE TRAINING AND EDUCATIONAL PROGRAM ON OCCUPA-
TIONAL SAFETY AND HEALTH FUND CREATED PURSUANT TO CHAPTER EIGHT  HUNDRED
EIGHTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE AND SECTION NINE-
TY-SEVEN-C OF THE STATE FINANCE LAW; (B) THE DEPARTMENT OF LABOR OCCUPA-
TIONAL  SAFETY  AND  HEALTH  PROGRAM;  (C)  TRANSFER  INTO THE UNINSURED
EMPLOYERS' FUND PURSUANT TO SUBDIVISION TWO OF SECTION  TWENTY-SIX-A  OF
THIS CHAPTER IN CONNECTION WITH PAYMENT OF CLAIMS MADE PURSUANT TO ARTI-
CLE  EIGHT-A  OF  THIS  CHAPTER;  (D)  A REDUCTION IN LIABILITIES OF THE
SPECIAL DISABILITY FUND PURSUANT TO SUBDIVISION EIGHT OF SECTION FIFTEEN
OF THIS CHAPTER AND/OR THE FUND FOR REOPENED CASES PURSUANT  TO  SECTION
TWENTY-FIVE-A  OF  THIS  CHAPTER;  AND/OR  (E) TRANSFER TO OR PAYMENT ON
BEHALF OF THE SUPERINTENDENT OF FINANCIAL SERVICES FOR COSTS  ASSOCIATED
WITH  THE IMPLEMENTATION OF THE PAID FAMILY LEAVE ACT OF ARTICLE NINE OF
THIS CHAPTER.
  (III) AS SOON AS PRACTICABLE ON OR AFTER  APRIL  FIRST,  TWO  THOUSAND
SIXTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE
HUNDRED  FORTY  MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL
PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE
INSURANCE FUND UNDER WORKERS' COMPENSATION  LAW  SECTION  EIGHTY-EIGHT-C
FOR TWO THOUSAND SIXTEEN.
  (IV)  AS  SOON  AS  PRACTICABLE  ON OR AFTER APRIL FIRST, TWO THOUSAND
SEVENTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD  SHALL  TRANSFER
ONE  HUNDRED  MILLION  DOLLARS  TO THE STATE INSURANCE FUND, FOR PARTIAL
PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE
INSURANCE FUND UNDER WORKERS' COMPENSATION  LAW  SECTION  EIGHTY-EIGHT-C
FOR TWO THOUSAND SEVENTEEN.
  (V) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND EIGH-
TEEN,  THE  CHAIR  OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE
HUNDRED MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT
AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE  INSUR-
ANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO
THOUSAND EIGHTEEN.
  (VI)  AS  SOON  AS  PRACTICABLE  ON OR AFTER APRIL FIRST, TWO THOUSAND
NINETEEN, THE CHAIR OF THE WORKERS' COMPENSATION  BOARD  SHALL  TRANSFER
THIRTY-FIVE  MILLION  DOLLARS  TO  THE STATE INSURANCE FUND, FOR PARTIAL
PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE
INSURANCE FUND UNDER WORKERS' COMPENSATION  LAW  SECTION  EIGHTY-EIGHT-C
FOR TWO THOUSAND NINETEEN.
  ANY  AND  ALL  FUNDS  REMAINING AFTER ACCOUNTING FOR THE TRANSFERS AND
EXPENDITURES SET FORTH ABOVE MAY, AT THE DISCRETION OF THE  DIRECTOR  OF
THE  BUDGET,  EITHER  REMAIN  WITH THE WORKERS' COMPENSATION BOARD OR BE
TRANSFERRED TO THE GENERAL FUND FOR THE PURPOSE OF REDUCING BUDGET GAPS.
  ANNUALLY, THE WORKERS' COMPENSATION BOARD WILL PROVIDE TO THE DIRECTOR
OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE  CHAIR
OF  THE  ASSEMBLY  WAYS AND MEANS COMMITTEE, AN ACCOUNTING OF SUCH FUNDS
AND ALL ASSOCIATED INCOME RECEIVED. SUCH ACCOUNTING WILL CONTINUE  UNTIL
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  S  24. Section 167 of the workers' compensation law, as added by chap-
ter 446 of the laws of 2006, is amended to read as follows:
  S 167. Claims of volunteers. For persons  who  participated  in  World
Trade Center rescue, recovery and clean-up operations as volunteers, the
uninsured  employers' fund shall be deemed to be the employer [only] for
the purposes of administering and paying claims pursuant to  this  arti-
cle.  Benefits  under  this  chapter shall be payable to such volunteers
[only] IN THE FIRST INSTANCE AND to the extent that funds are  available
out of funds appropriated to the United States Department of Labor under

S. 6405--A                         50                         A. 9005--A

Public  Law  109-148  to reimburse the uninsured employer's fund for the
payment of such benefits AND THEREAFTER FROM  THE  UNINSURED  EMPLOYERS'
FUND.  THE  UNINSURED  EMPLOYERS'  FUND  MAY PAY FOR VOLUNTEERS' MEDICAL
TREATMENT  NOTWITHSTANDING  SUCH  MEDICAL EXPENSES HAVING BEEN DENIED BY
THE WORLD TRADE CENTER HEALTH ORGANIZATION.
  S 25. Subdivisions 1 and 2 of section 354 of the workers' compensation
law, subdivision 1 as amended by chapter 6 of  the  laws  of  2007,  and
subdivision  2  as added by chapter 635 of the laws of 1996, are amended
to read as follows:
  1. Each preferred provider organization shall  provide  at  least  two
HEALTH providers in every medical specialty CONSISTENT WITH SECTION 13-B
OF  THIS  CHAPTER  from  which  the employee may choose and at least two
hospitals from which the employee may choose in the event that hospital-
ization is necessary. The commissioner of health may waive  such  numer-
ical requirements upon a finding that the geographical area in which the
preferred provider organization is located cannot meet the requirements.
  2.  An  employee , NOT SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT OR
SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT DATED  ON  OR  AFTER  APRIL
FIRST, TWO THOUSAND SIXTEEN, may seek medical treatment from outside the
preferred  provider  organization  [thirty]  ONE HUNDRED AND TWENTY days
after his or her  first  visit  to  a  preferred  provider  organization
provider.  In  the  event  that  such  employee  seeks medical treatment
outside the preferred provider organization the employer may  require  a
second  opinion  from a provider within the preferred provider organiza-
tion.  FOR COLLECTIVE BARGAINING AGREEMENTS ENTERED  INTO  BEFORE  APRIL
FIRST,  TWO  THOUSAND  SIXTEEN,  THE EMPLOYEE MAY SEEK MEDICAL TREATMENT
FROM OUTSIDE A PREFERRED PROVIDER ORGANIZATION THIRTY DAYS AFTER HIS  OR
HER FIRST VISIT WITH THE PREFERRED PROVIDER ORGANIZATION.
  S 26. Paragraphs 1 and 2 and subparagraph (a) of paragraph 5 of subdi-
vision  3-a  of section 50 of the workers' compensation law, paragraph 1
and subparagraph (a) of paragraph 5 as amended by  chapter  139  of  the
laws of 2008 and paragraph 2 and subsection (d)(1)(e) of paragraph 5 and
subsection (a) of paragraph 6 of subdivision 3-a as amended by section 4
of  part  G  of  chapter  57 of the laws of 2011, are amended to read as
follows:
  (1) Definitions. As used in this chapter the  term  "employers"  shall
include:  (a) employers with related activity in a given industry [which
shall include municipal corporations as that term is defined in sections
two and six-n of the  general  municipal  law,]  employing  persons  who
perform  work in connection with the given industry, (b) an incorporated
or unincorporated association or associations consisting exclusively  of
such  employers  provided  they  employ persons who perform such related
work in the given industry,  and  (c)  a  combination  of  employers  as
described  in subparagraph (a) hereof and an association or associations
of employers as described in subparagraph (b) hereof.
  (2) (a) Any group consisting exclusively of such employers may adopt a
plan for self-insurance, as a group, for  the  payment  of  compensation
under  this  chapter  to  their employees, except that no new groups may
adopt such a plan, and no group not composed solely of  public  entities
set forth in [paragraph a of] subdivision [four] THREE-F of this section
may insure any liabilities for any employers on and after January first,
two  thousand  twelve,  except  as provided for in paragraph ten of this
subdivision. Under such plan the group shall assume the liability of all
the employers within the group and pay all compensation  for  which  the
said  employers  are liable under this chapter[, except that in the case
of municipal corporations as herein defined no proof of financial abili-

S. 6405--A                         51                         A. 9005--A

ty or deposit of securities or cash need be made in compliance with this
subdivision]. The group qualifying under this subdivision shall be known
as a group self-insurer and  the  employers  participating  therein  and
covered thereby shall be known as members.
  (b)  Where such plan is adopted the group self-insurer, EXCEPT A GROUP
COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN SUBDIVISION  THREE-F  OF
THIS  SECTION,  shall  furnish  satisfactory  proof  to the chair of its
financial ability to pay such compensation for the members in the indus-
try covered by it, its revenues, their source and assurance  of  contin-
uance.  The chair shall require the deposit with the chair of such secu-
rities as may be deemed necessary of the kind prescribed in subdivisions
one, two, three, four and five, and subparagraph (a) of paragraph  three
of  subdivision  seven of section two hundred thirty-five of the banking
law or the deposit of cash or the filing of irrevocable letters of cred-
it issued by a qualified banking institution as defined by rules promul-
gated by the chair or the filing of a bond of a surety  company  author-
ized  to  transact business in this state, in an amount to be determined
to secure its liability to pay the  compensation  of  each  employer  as
above  provided.    Such  surety bond must be approved as to form by the
chair. The chair shall require each group self-insurer to provide  regu-
lar reports no less than annually, which shall include but not be limit-
ed  to  audited  financial  statements,  actuarial  opinions and payroll
information containing proof that it is fully funded. Such reports shall
also include a contribution year analysis  detailing  contributions  and
expenses  associated  with each specific contribution year. For purposes
of this paragraph, proof that a group self-insurer is fully funded shall
at a minimum include proof of unrestricted cash and investments  permit-
ted  by  regulation  of the chair of at least one hundred percent of the
total liabilities, including the estimate  presented  in  the  actuarial
opinion  submitted  by  the  group  self-insurer in accordance with this
chapter. The chair by regulation, may set  further  financial  standards
for  group self-insurers. Any group self-insurer that fails to show that
it is fully funded shall be deemed underfunded, and must submit  a  plan
for achieving fully funded status which may include a deficit assessment
on members of such group self-insurer which shall be subject to approval
or modification by the chair.
  (c)  The  chair shall evaluate, no less than once every three years, a
group  self-insurer's  compliance  with  the  financial  and  regulatory
requirements  for  self-insurance.  The  chair  may engage any qualified
person or organization to assist with  such  evaluation  and  any  costs
incurred  by  the  chair  shall be borne by the group self-insurer under
examination. Failure to submit to such independent review or to pay such
costs, upon demand of the chair, shall be sufficient grounds  to  termi-
nate coverage of the group self-insurer.
  (d)  The chair may require reports to be prepared by an auditor, actu-
ary or other consultant, selected  by  the  board  or,  at  the  chair's
discretion, by the group self-insurer from a list which shall be pre-ap-
proved  by  the  chair to determine whether the group self-insurer meets
the financial criteria for self-insurance.  All  actuaries  so  selected
shall be fellows or associates of the casualty actuarial society.
  (e)  The chair may also require that any and all agreements, contracts
and other pertinent  documents  relating  to  the  organization  of  the
members in the group self-insurer shall be filed with the chair.
  (f)  The  chair  shall  have the authority to revoke consent furnished
under this section at any time for good cause shown.

S. 6405--A                         52                         A. 9005--A

  (g) Prior to the requested effective date of the participating  agree-
ment,  a  group self-insurer shall notify the chair on a prescribed form
of a new group self-insurer member and file (1) a member application and
(2) a copy of the properly executed prescribed  participation  agreement
wherein  the  member acknowledges their joint and several obligation for
their period of membership. The board shall, on a  form  promulgated  by
the chair, provide notice of the member's rights and responsibilities as
a  group self-insurer member, including the member's assumption of joint
and several liability, and require the member to return a signed copy to
the chair as a condition of membership.
  (h) Any member terminating membership in a PRIVATE group  self-insurer
after  less  than four years in such PRIVATE group self-insurer, and any
member in a group self-insurer that has defaulted,  shall  be  precluded
from  obtaining prospective coverage from any PRIVATE group self-insurer
for a period of at least three years from the effective date  of  termi-
nation.
  (a) Each PRIVATE group self-insurer shall, AND EACH GROUP SELF-INSURER
MAY,  shall secure the services of a group administrator to be responsi-
ble  for  assisting  the  group  self-insurer  in  complying  with   the
provisions  of  this  section  and the rules and regulations promulgated
hereunder, and for coordinating services including but  not  limited  to
claims   processing,  loss  control,  legal,  accounting  and  actuarial
services. No person, firm or corporation shall coordinate such  services
or otherwise carry out the tasks of a group administrator as provided in
this subdivision or in the regulations issued pursuant thereto on behalf
of  a group self-insurer unless such person shall have obtained from the
chair a license authorizing it to act as a group  self-insurer  adminis-
trator,  which  license  may  be revoked for good cause. The chair shall
promulgate regulations setting forth any additional  qualifications  for
such  license,  governing the conduct and compensation of group self-in-
surer administrators, and setting a license fee in an  amount  not  less
than  five  thousand  dollars  per  year for such license for each group
self-insurer the administrator  administers.  Each  administrator  shall
post  a  bond  in  the  amount of five hundred thousand dollars for each
group self-insurer administered or such other amount as may  be  set  by
the  chair  based  on the cost and availability of such bond, from which
the chair may recover any recoveries or penalties against  the  adminis-
trator  under  this  section.  Nothing in this section shall relieve the
trustees of a group self-insurer of any fiduciary obligation  they  hold
to the other members of such group self-insurer.
  (5)(d)(1)e.  the  number  and  amount  of  rate deviations provided to
members during the prior year and whether  the  recipient  of  any  such
deviation was a trustee, PROVIDED THAT THE APPLICATION OF RATING FACTORS
IN  A  MANNER  CONSISTENT  WITH THE FILED RATING PLAN IS NOT A DEVIATION
WHICH MUST BE REPORTED UNDER THIS SUBSECTION;
  (6)(a) Group self-insurers must file with the board, as soon as  prac-
ticable but no later than sixty days prior to the start of the fund year
a  rating plan which is supported by an actuarial rate study prepared by
an independent, qualified actuary that is a fellow or associate  of  the
casualty  actuarial society, that clearly identifies the actuary's indi-
cated rate assumptions therein. The rating plan must apply  consistently
to  all  members,  and  must  provide  for a common renewal date for all
PRIVATE group self-insurer members. The  rates  filed  can  be  adjusted
based  on  an  experience  modification  calculated  for every member in
accordance with the experience rating plan promulgated by  the  workers'
compensation  rating  board.  Experience  modification  formulas must be

S. 6405--A                         53                         A. 9005--A

applied identically to all members. Other rate deviations may be permis-
sible provided a plan has been approved by the  board.  Such  deviations
shall  not  be  in excess of ten percent of the actuary's indicated rate
unless otherwise approved by the board for a fully funded group self-in-
surer,  and  shall in no event result in amounts less than the actuary's
overall indicated rate. The chair by regulation  may  set  further  rate
plan and actuarial reporting standards.
  S  27.  Paragraph (g) of subdivision 3-e of section 50 of the workers'
compensation law is amended as follows and  a  new  subdivision  3-f  is
added to read as follows:
  (g)  The state insurance fund, any other insurer or any group self-in-
surer for municipal corporations as  defined  in  subdivision  [three-a]
THREE-F  of  this  section  may, at its option, offer a deductible in an
amount specified in paragraph (c) of this subdivision to any policyhold-
er who is not otherwise eligible for a deductible  under  this  subdivi-
sion.
  3-F.  (1)  ANY  GROUP CONSISTING EXCLUSIVELY OF MUNICIPAL CORPORATIONS
AND PUBLIC CORPORATIONS AS THOSE TERMS ARE DEFINED IN SECTION  SIXTY-SIX
OF THE GENERAL CONSTRUCTION LAW, COUNTY SELF-INSURANCE PLANS ESTABLISHED
UNDER  ARTICLE  FIVE  OF THIS CHAPTER, BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES AND CONSORTIA ESTABLISHED BY BOARDS OF COOPERATIVE  EDUCATIONAL
SERVICES  MAY  ADOPT  A  PLAN  FOR  SELF-INSURANCE,  AS A GROUP, FOR THE
PAYMENT OF COMPENSATION UNDER THIS CHAPTER TO  THEIR  EMPLOYEES.    SUCH
GROUP  SHALL BE KNOWN AS A "PUBLIC GROUP SELF-INSURER". ALL OTHER GROUPS
ESTABLISHED UNDER THIS SECTION FIFTY ARE "PRIVATE GROUP  SELF-INSURERS".
A  COUNTY  OF SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE OF THIS
CHAPTER IS NOT ITSELF A PUBLIC GROUP SELF-INSURER,  AND  IS  NOT  ITSELF
SUBJECT TO THE REQUIREMENTS OF THIS SECTION, BUT MAY JOIN A PUBLIC GROUP
SELF-INSURER  AND, IF IT DOES SO, SHALL ASSUME ALL OF THE OBLIGATIONS OF
ITS PARTICIPANTS TO THE PUBLIC GROUP SELF-INSURER. NO  ENTITY  WHICH  IS
NOT  A  MUNICIPAL  CORPORATION  AS  DEFINED  IN SECTION SIXTY-SIX OF THE
GENERAL CONSTRUCTION LAW, A COUNTY SELF-INSURANCE PLAN ESTABLISHED UNDER
ARTICLE FIVE OF THIS CHAPTER, OR A CONSORTIUM ESTABLISHED BY A BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES, MAY JOIN A PUBLIC GROUP SELF-INSURER
UNLESS IT MAY LEVY TAXES OR IS OTHERWISE DIRECTLY CAPABLE OF  GENERATING
REVENUE  IN  THE  EVENT  OF A FUNDING DEFICIENCY WITHIN THE PUBLIC GROUP
SELF-INSURER, OR ITS OBLIGATIONS ARE GUARANTEED BY ANOTHER MEMBER  WHICH
IS  SUCH  A  MUNICIPAL  CORPORATION.  A  PUBLIC GROUP SELF-INSURER SHALL
COMPLY WITH ALL OF THE  REQUIREMENTS  OF  SUBDIVISION  THREE-A  OF  THIS
SECTION;  PROVIDED HOWEVER THAT NO PROOF OF FINANCIAL ABILITY TO PAY THE
COMPENSATION PROVIDED FOR BY THIS CHAPTER OR DEPOSIT OF SECURITIES SHALL
BE REQUIRED AND, IN LIEU THEREOF, THE JOINT AND SEVERAL LIABILITY OF THE
PUBLIC GROUP SELF-INSURER'S MEMBERS SHALL SERVE AS THE SECURITY REQUIRED
UNDER PARAGRAPH TWO OF SUBDIVISION THREE-A OF THIS  SECTION.  THE  CHAIR
SHALL IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION BY PROMULGATING RULES
AND REGULATIONS BUT NO SUCH RULES AND REGULATIONS SHALL BE NECESSARY FOR
ANY PROVISIONS OF THIS SUBDIVISION TO BE EFFECTIVE.
  (2)  A  PUBLIC GROUP SELF-INSURER AS DEFINED HEREIN MAY OFFER, AS PART
OF THE AGREEMENT OR BY ENDORSEMENT, DEDUCTIBLES OPTIONAL TO  THE  MEMBER
FOR  BENEFITS  PAYABLE  UNDER THE AGREEMENT, UPON A DETERMINATION BY THE
CHAIR THAT THE PLAN IS SUPPORTED BY AN ACTUARIAL ANALYSIS PREPARED BY AN
INDEPENDENT, QUALIFIED ACTUARY WHO IS A MEMBER OF THE CASUALTY ACTUARIAL
SOCIETY THAT CLEARLY IDENTIFIES THE ACTUARY'S INDICATED DEDUCTIBLE CRED-
IT AND RATE ASSUMPTIONS, AND SUBJECT TO UNDERWRITING BY THE PUBLIC GROUP
SELF-INSURER, CONSISTENT WITH THE FOLLOWING STANDARDS OR FACTORS:

S. 6405--A                         54                         A. 9005--A

  (A) CLAIMANTS' RIGHTS ARE PROPERLY PROTECTED AND  CLAIMANTS'  BENEFITS
ARE PAID WITHOUT REGARD TO ANY SUCH DEDUCTIBLE;
  (B)  APPROPRIATE  PREMIUM REDUCTIONS REFLECT THE TYPE AND LEVEL OF ANY
DEDUCTIBLE APPROVED BY THE CHAIRMAN AND SELECTED BY THE MEMBER;
  (C) PREMIUM REDUCTIONS FOR DEDUCTIBLES ARE DETERMINED BEFORE  APPLICA-
TION  OF  ANY  EXPERIENCE  MODIFICATION,  PREMIUM  SURCHARGE, OR PREMIUM
DISCOUNT;
  (D) RECOGNITION IS GIVEN TO MEMBER  CHARACTERISTICS,  INCLUDING  SIZE,
FINANCIAL CAPABILITIES, NATURE OF ACTIVITIES, AND NUMBER OF EMPLOYEES;
  (E)  IF  THE  MEMBER SELECTS A DEDUCTIBLE, THE MEMBER IS LIABLE TO THE
PUBLIC GROUP SELF-INSURER FOR THE DEDUCTIBLE AMOUNT IN REGARD  TO  BENE-
FITS PAID FOR COMPENSABLE CLAIMS;
  (F)  THE  PUBLIC GROUP SELF-INSURER PAYS ALL OF THE DEDUCTIBLE AMOUNT,
APPLICABLE TO A COMPENSABLE CLAIM, TO THE PERSON OR PROVIDER ENTITLED TO
BENEFITS AND REQUIRES THE MEMBER TO PAY TO IT IN ADVANCE AN AMOUNT ACTU-
ARIALLY DETERMINED TO BE SUFFICIENT TO PAY THE PORTION  OF  THE  COMPEN-
SATION  CLAIM  THAT  IS  WITHIN  THE DEDUCTIBLE AMOUNT AS THOSE PAYMENTS
BECOME DUE; PROVIDED THAT SUCH PERIODIC PAYMENTS SHALL BE  PAID  TO  THE
PUBLIC GROUP SELF-INSURER IN INTERVALS OF NO GREATER OF SIX MONTHS; AND
  (G)  FAILURE  TO  REIMBURSE  DEDUCTIBLE  AMOUNTS  BY THE MEMBER TO THE
PUBLIC GROUP SELF-INSURER IS TREATED UNDER THE COVERAGE AGREEMENT IN THE
SAME MANNER AS NONPAYMENT OF CONTRIBUTIONS.
  (3) IF, IN THE DETERMINATION OF THE CHAIR, A PUBLIC GROUP SELF-INSURER
BECOMES INSOLVENT OR OTHERWISE DEFAULTS ON ITS OBLIGATIONS,  THE  INSOL-
VENT  GROUP  WILL  REQUIRE  EACH  MEMBER AND EACH FORMER MEMBER TO PAY A
SUPPLEMENTAL ASSESSMENT IN AN AMOUNT SUFFICIENT TO MAKE THE PUBLIC GROUP
SELF-INSURER SOLVENT BASED UPON A FORMULA TO BE ESTABLISHED BY THE CHAIR
IN REGULATIONS WHICH CONSIDERS THE  MEMBERS'  ANNUAL  CONTRIBUTIONS  AND
LOSS  EXPERIENCE;  PROVIDED  HOWEVER,  NOTHING HEREIN SHALL PRECLUDE THE
CHAIR FROM DIRECTING THAT AN UNDERFUNDED PUBLIC GROUP SELF-INSURER  LEVY
AN  ASSESSMENT  ON ITS MEMBERS AS PART OF A PLAN IMPLEMENTED PURSUANT TO
SUBPARAGRAPH TWO (B) OF SECTION 3-A OF THIS SECTION FIFTY.  AS  USED  IN
THIS   PROVISION,   INSOLVENT   MEANS   THE  SUM  OF  THE  PUBLIC  GROUP
SELF-INSURER'S ASSETS BEING LESS THAN THE  TOTAL  COST  OF  ALL  OF  THE
PUBLIC  GROUP  SELF-INSURER'S  ANTICIPATED WORKERS' COMPENSATION LIABIL-
ITIES THAT WILL ACCRUE WITHIN THE SUCCEEDING SIX MONTHS.  IF AN  ASSESS-
MENT  IS  NOT  SUFFICIENT  TO  CURE  THE INSOLVENCY OR DEFAULT, (I) EACH
MEMBER AND ANY FORMER MEMBER WILL BE JOINTLY AND  SEVERALLY  LIABLE  FOR
THE  REMAINING DEFICIT; AND (II) WHENEVER THE CHAIR SHALL DETERMINE THAT
THE COMPENSATION AND BENEFITS PROVIDED BY THIS CHAPTER MAY BE UNPAID  BY
REASON  OF  THE  DEFAULT OF A PUBLIC GROUP SELF-INSURER, THE CHAIR SHALL
PAY SUCH COMPENSATION  AND  BENEFITS  FROM  ADMINISTRATION  EXPENSES  AS
PROVIDED IN SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER UPON AUDIT AND
WARRANT  OF  THE  COMPTROLLER  UPON VOUCHERS APPROVED BY THE CHAIR. SUCH
PAYMENTS SHALL BE CONSIDERED EXPENSES OF ADMINISTRATION. THE CHAIR SHALL
BE REIMBURSED THEREFOR FROM ANY MEMBER OF THE PUBLIC GROUP SELF-INSURER,
FIRST PURSUANT TO THE SUPPLEMENTAL ASSESSMENT FORMULA REFERENCED HEREIN,
BUT IN ANY EVENT WHERE NECESSARY, ON A JOINT AND SEVERAL BASIS.
  S 28.  The section heading and subdivisions 1, 2, 3 and 4  of  section
1680-l  of the public authorities law, as added by chapter 6 of the laws
of 2007, are amended to read as follows:
  [The special] SPECIAL disability fund  AND  FUND  FOR  REOPENED  CASES
financing.    1.  As used in this section the following terms shall have
the following meanings:
  (a) "Ancillary bond facility" means  any  interest  rate  exchange  or
similar  agreement  or  any  bond  insurance policy, letter of credit or

S. 6405--A                         55                         A. 9005--A

other  credit  enhancement  facility,  liquidity  facility,   guaranteed
investment  or  reinvestment  agreement,  or  other  similar  agreement,
arrangement or contract.
  (b)  "Benefited  party"  means  any  person,  firm or corporation that
enters into an ancillary bond facility with the authority  according  to
the provisions of this section.
  (c)  "Bonds" means any bonds, notes, certificates of participation and
other evidence of indebtedness  issued  by  the  authority  pursuant  to
subdivision five of this section.
  (d)  "Bond  owners  or owners of bonds" means any registered owners of
bonds.
  (e) "Chair" means the chair of the workers' compensation board.
  (f) "Code" means the United States Internal Revenue Code of  1986,  as
amended.
  (g)  "Costs  of  issuance" means any item of expense directly or indi-
rectly payable or reimbursable by  the  authority  and  related  to  the
authorization,  sale,  or  issuance of bonds, including, but not limited
to, underwriting fees and fees and expenses of professional  consultants
and fiduciaries.
  (h)  "Debt service" means actual debt service, comprised of principal,
interest and associated costs, as defined in subparagraph five of  para-
graph  (h)  of  subdivision  eight  of  section  fifteen of the workers'
compensation law.
  (i) "Director of the budget" or "director" means the director  of  the
budget of the state of New York.
  (j)  "Financing agreement" means [any agreement authorized pursuant to
subdivision four of this section between the chair and the  commissioner
of taxation and finance, and the authority] EACH OR ANY SPECIAL DISABIL-
ITY FUND FINANCING AGREEMENT OR FUND FOR REOPENED CASES FINANCING AGREE-
MENT, AS APPLICABLE.
  (k)  "Financing costs" means all costs of issuance, capitalized inter-
est, capitalized operating expenses of the authority  and,  pursuant  to
the  financing  agreement, the initial capitalized operating expenses of
the waiver agreement management office and debt service reserves,  fees,
cost  of  any  ancillary  bond  facility, and any other fees, discounts,
expenses and costs related to issuing, securing and marketing the  bonds
including, without limitation, any net original issue discount.
  (l)  "FUND  FOR REOPENED CASES FINANCING AGREEMENT" MEANS AN AGREEMENT
AUTHORIZED AND CREATED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION  AND
TO  SUBDIVISION  FOUR  OF  SECTION TWENTY-FIVE-A OF THE WORKERS' COMPEN-
SATION LAW, AS SUCH AGREEMENT MAY BE AMENDED.
  (M) "Investment securities" means:  (i)  general  obligations  of,  or
obligations  guaranteed by, any state of the United States of America or
political subdivision thereof, or the District of Columbia or any agency
or instrumentality of any of them, receiving one of  the  three  highest
long-term unsecured debt rating categories available for such securities
of  at  least  one  independent  rating  agency, or (ii) certificates of
deposit,  savings  accounts,  time  deposits  or  other  obligations  or
accounts  of  banks  or  trust  companies  in the state, secured, if the
authority shall so require, in such  manner  as  the  authority  may  so
determine,  or  (iii) obligations in which the comptroller is authorized
to invest pursuant to either section ninety-eight or  ninety-eight-a  of
the  state  finance  law,  or (iv) investments which the commissioner of
taxation and finance is permitted to make with surplus or reserve moneys
of the special disability fund under subparagraph seven of paragraph (h)

S. 6405--A                         56                         A. 9005--A

of subdivision eight of section fifteen  of  the  workers'  compensation
law.
  [(m)]  (N) "Interest rate exchange or similar agreement" means a writ-
ten contract entered into in connection with the issuance  of  bonds  or
with  such  bonds  outstanding  with  a  counterparty  to provide for an
exchange or swap of payments based upon fixed and/or  variable  interest
rates,  and  shall  be for exchanges in currency of the United States of
America only.
  [(n)] (O) "Net  proceeds"  means  the  amount  of  proceeds  remaining
following each sale of bonds which are not required by the authority for
purposes of this section to pay or provide for debt service or financing
costs, as provided in the financing agreement.
  [(o)] (P) "Operating expenses" means the reasonable or necessary oper-
ating expenses of the authority for purposes of this section, including,
without  limitation, the costs of: retention of auditors, preparation of
accounting and other reports, maintenance of the ratings on  the  bonds,
any  operating  expense reserve fund, insurance premiums, ancillary bond
facilities, rebate payments, annual meetings or  other  required  activ-
ities of the authority, and professional consultants and fiduciaries.
  [(p)]  (Q)  "Outstanding",  when  used  with  respect  to bonds, shall
exclude bonds that shall have been paid in full at  maturity,  or  shall
have  otherwise been refunded, redeemed, defeased or discharged, or that
may be deemed not outstanding pursuant to agreements  with  the  holders
thereof.
  [(q)]  (R)  "Pledged  assessments  revenues",  "pledged  revenues"  or
"pledged assessments" means: (I) WITH RESPECT TO BONDS ISSUED  PRIOR  TO
MARCH  THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN  PURSUANT TO THIS SECTION,
EITHER receipts of special disability fund assessments imposed  pursuant
to  subparagraph  four  of paragraph (h) of subdivision eight of section
fifteen of the workers' compensation law and pledged for the payment  of
debt  service  on the bonds, RECEIPTS OF ASSESSMENTS FOR ANNUAL EXPENSES
IMPOSED PURSUANT TO  SECTION  ONE  HUNDRED  FIFTY-ONE  OF  THE  WORKERS'
COMPENSATION  LAW  AND  PLEDGED  FOR  THE PAYMENT OF DEBT SERVICE ON THE
BONDS, OR AMOUNTS DUE PURSUANT TO AN ANCILLARY BOND FACILITY,  INCLUDING
THE  RIGHT TO RECEIVE THE SAME; AND (II) WITH RESPECT TO BONDS ISSUED ON
OR SUBSEQUENT TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN  PURSUANT  TO
THIS SECTION, EITHER RECEIPTS OF SUCH ASSESSMENTS FOR ANNUAL EXPENSES or
amounts  due pursuant to an ancillary bond facility, including the right
to receive same.
  [(r)] (S) "State" means the state of New York.
  [(s)] (T) "Special  disability  fund  financing  agreement"  means  an
agreement  authorized  and  created pursuant to SUBDIVISION FOUR OF THIS
SECTION  AND TO subparagraph five of paragraph (h) of subdivision  eight
of  section  fifteen  of  the workers' compensation law, as [same by its
terms and bond proceedings,] SUCH AGREEMENT may be amended.
  [(t)] (U) "Waiver agreement"  means  waiver  agreements  entered  into
pursuant to section thirty-two of the workers' compensation law.
  [(u)]  (V)  "Waiver agreement management office" shall mean the office
described in paragraph (e) of section thirty-two of the workers' compen-
sation law.
  (W) "WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" OR  "ASSUMPTION
OF  WORKERS'  COMPENSATION  LIABILITY INSURANCE POLICY" MEANS ANY POLICY
EXECUTED BY THE CHAIR PURSUANT TO SUBDIVISION (I) OF SECTION  THIRTY-TWO
OR  SUBDIVISION  THREE  OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPEN-
SATION LAW PROVIDING FOR THE ASSUMPTION OF ALL OR PART OF  SUCH  FURTHER
AND  FUTURE CONTINGENT WORKERS' COMPENSATION LIABILITY AS MAY ARISE FROM

S. 6405--A                         57                         A. 9005--A

PRIOR INJURIES TO WORKERS. SUCH POLICY SHALL BE IN A  FORM  APPROVED  BY
THE  SUPERINTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE INSUR-
ANCE FUND OR ANY INSURANCE COMPANY  LICENSED  TO  ISSUE  THIS  CLASS  OF
INSURANCE  IN  THIS STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN
INSURANCE COMPANY OTHER THAN THE STATE INSURANCE FUND, THEN SUCH  POLICY
SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION
(A)  OF  SECTION  ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW
AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND  AS  CREATED  AND
GOVERNED BY ARTICLE SIX-A OF THE WORKERS' COMPENSATION LAW. SUCH A POLI-
CY  SHALL  ONLY  BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAYMENT THAT IS
PAYABLE IN ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE  CHAIR  AND
THE  SUPERINTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY SHALL
BE NONCANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE  CONTINUANCE
OF THE LIABILITY SECURED AND SO COVERED.
  2.  The  authority  is hereby authorized to ISSUE BONDS TO finance the
special disability fund established  by  paragraph  (h)  of  subdivision
eight  of  section fifteen of the workers' compensation law and to enter
into one or more special disability fund financing agreements  described
in  such  subdivision  AND AUTHORIZED TO ISSUE BONDS TO FINANCE THE FUND
FOR  REOPENED  CASES  ESTABLISHED  BY  SUBDIVISION  THREE   OF   SECTION
TWENTY-FIVE-A  OF THE WORKERS' COMPENSATION LAW AND TO ENTER INTO ONE OR
MORE FUND FOR REOPENED CASES FINANCING AGREEMENTS DESCRIBED IN  SUBDIVI-
SION  FOUR  OF  SUCH SECTION.   All of the provisions of the [authority]
PUBLIC AUTHORITIES LAW relating to bonds  and  notes  OF  THE  DORMATORY
AUTHORITY  GENERALLY  which  are not inconsistent with the provisions of
this section shall apply to  obligations  authorized  by  this  section,
including  but  not  limited to the power to establish adequate reserves
therefor and to issue renewal notes or  refunding  bonds  thereof.  [The
provisions  of this section shall apply solely to obligations authorized
by this section and shall not include liabilities,  assets  or  revenues
other  than  liabilities,  assets or revenues derived from the authority
solely from the special disability fund.]
  3. It is found and declared that the special disability fund  AND  THE
FUND  FOR REOPENED CASES no longer [serves] SERVE the purposes for which
[it was] THEY WERE created, [adds]  ADD  to  the  time  and  expense  of
proceedings  before  the  workers'  compensation board and to employers'
costs for workers' compensation insurance; that the creation and  opera-
tion  of  a  waiver  agreement management office of the workers' compen-
sation board, to manage, maintain and  negotiate  waiver  agreements  on
behalf  of  the  special disability fund AND FUND FOR REOPENED CASES can
reduce the  special  disability  fund's  AND  FUND  FOR  REOPENED  CASES
unfunded liability; that the reduction of such liability and the closing
of  the  fund  to  new claims will over the long term reduce assessments
paid to the [fund] FUNDS by insurance carriers,  self-insurers  and  the
state  insurance  fund, as well as the employers to whom these costs are
passed on; that in the absence of this section the annual cost of [such]
assessments TO EMPLOYERS is expected to rise;  that  the  settlement  of
claims  and  other actions undertaken by the waiver agreement management
office will lower the administrative costs of insurance carriers,  self-
insurers  and the state insurance fund; [that revenue obligations issued
by the authority and secured by a special  assessment  annually  levied,
imposed  and collected on and from insurance carriers, self-insurers and
the state insurance fund for the governmental purpose of funding  waiver
agreements]  THAT  UNFUNDED  SPECIAL  DISABILITY  FUND  LIABILITIES  AND
UNFUNDED CLAIMS PAYABLE FROM THE FUND FOR REOPENED  CASES  WILL,  ABSENT
PROVISION  FOR  LONG-TERM  FINANCING,  RESULT  IN IMPOSITION OF COSTS ON

S. 6405--A                         58                         A. 9005--A

EMPLOYERS THROUGH ASSESSMENTS; THAT SUCH  UNFUNDED  LIABILITIES,  CLAIMS
AND   ASSESSMENTS   MAY   HAVE  DETRIMENTAL  IMPACT  ON  BUSINESSES  AND
NOT-FOR-PROFIT CORPORATIONS IN NEW YORK STATE AND ON  THE  PROVISION  OF
SERVICES  TO NEW YORK RESIDENTS; THAT WITHOUT FINANCING THE BOARD MAY BE
REQUIRED TO IMPOSE HIGHER ASSESSMENTS TO PAY SUCH  UNFUNDED  LIABILITIES
AND CLAIMS; THAT FINANCING WILL ALLOW THE WORKERS' COMPENSATION BOARD TO
FUND  WAIVER  AGREEMENTS AND CONTRACT AWARDS AND TO PURCHASE ONE OR MORE
ASSUMPTION OF WORKERS' COMPENSATION LIABILITY  INSURANCE  POLICIES  THAT
WILL  LIMIT  THE  LONG  TERM  LOSSES FROM THESE UNFUNDED LIABILITIES AND
CLAIMS; THAT BONDS ISSUED BY THE AUTHORITY AND  SECURED  BY  ASSESSMENTS
LEVIED,  FOR  THE GOVERNMENTAL PURPOSE OF FUNDING WAIVER AGREEMENTS WITH
RESPECT TO THE SPECIAL DISABILITY  FUND  AND  FUNDING  CONTRACT  AWARDS,
ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY INSURANCE POLICIES AND
ANTICIPATED LIABILITIES WITH RESPECT TO THE SPECIAL DISABILITY FUND  AND
THE  FUND  FOR  REOPENED CASES amortized over a substantial period would
allow the state to settle and  otherwise  manage  [claims]  THE  SPECIAL
DISABILITY FUND AND FUND FOR REOPENED CASES CLAIMS AND TO REDUCE SPECIAL
DISABILITY FUND AND FUND FOR REOPENED CASES CLAIMS as a means for reduc-
ing  the  fund's  liabilities  and  the  assessments needed to pay them,
thereby furthering the policy of the state to reduce the costs of  work-
ers' compensation and to improve the business climate in the state while
compensating injured workers and honoring the obligations of the special
disability  fund  AND  FUND  FOR  REOPENED  CASES; that all costs of the
authority in relation to this section shall be paid from assessments set
forth in paragraph (h) of subdivision eight of section  fifteen  AND  IN
SECTION  ONE  HUNDRED  FIFTY-ONE  of  the workers' compensation law; and
that, therefore, the provisions of this section are for the public bene-
fit and good and the authorization as provided in this  section  of  the
issuance of revenue obligations of the authority is declared to be for a
public purpose and the exercise of an essential governmental function.
  4. (a) The authority, the commissioner of taxation and finance and the
chair,  [in]  AFTER consultation with THE DIRECTOR OF THE BUDGET AND the
special disability fund advisory committee  shall  execute  a  financing
agreement  prior  to  the  issuance  of  any bonds. Such agreement shall
contain such terms and conditions as are  necessary  to  carry  out  and
effectuate  the  purposes  of  this  section,  including  covenants with
respect to the assessment and enforcement of the assessments, the appli-
cation and use of the proceeds of the sale  of  bonds  to  preserve  the
tax-exemption  on  the  bonds,  the  interest on which is intended to be
exempt from taxation. The state shall not  be  authorized  to  make  any
covenant, pledge, promise or agreement purporting to bind the state with
respect to pledged revenues, except as otherwise specifically authorized
by this section.
  (b)  The  net  proceeds  of the bonds shall be deposited in accordance
with the APPLICABLE financing agreement and  this  section.  [The]  EACH
SPECIAL DISABILITY FUND financing agreement shall provide for the appli-
cation  of  the net bond proceeds, and such bond proceeds shall be used,
for any of the following  CORPORATE  purposes:  (i)  funding  of  waiver
agreements,  (ii)  payment of financing costs, (iii) funding anticipated
liabilities of the special disability fund, (iv) funding contract awards
pursuant to [subparagraph two of] paragraph [(h)] (I) of  section  thir-
ty-two  of  the  workers'  compensation  law  [and (v)], (V) FUNDING THE
PURCHASE OF ONE OR MORE ASSUMPTION OF  WORKERS'  COMPENSATION  LIABILITY
INSURANCE  POLICIES TO DISCHARGE THE LIABILITIES INCURRED UNDER SUBPARA-
GRAPH ONE OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF  SECTION  FIFTEEN  OF
THE  WORKERS'  COMPENSATION  LAW AND (VI) SUCH OTHER PURPOSES AS ARE SET

S. 6405--A                         59                         A. 9005--A

FORTH IN THE FINANCING AGREEMENT. EACH FUND FOR REOPENED CASES FINANCING
AGREEMENT SHALL PROVIDE FOR THE APPLICATION OF THE  NET  BOND  PROCEEDS,
AND SUCH BOND PROCEEDS SHALL BE USED, FOR ANY OF THE FOLLOWING CORPORATE
PURPOSES:  (I)  PAYMENT  OF  FINANCING  COSTS,  (II) FUNDING ANTICIPATED
LIABILITIES OF THE FUND  FOR  REOPENED  CASES,  (III)  FUNDING  CONTRACT
AWARDS  PURSUANT  TO  SUBDIVISION  THREE OF SECTION TWENTY-FIVE-A OF THE
WORKERS' COMPENSATION LAW, (IV) FUNDING THE  PURCHASE  OF  ONE  OR  MORE
ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY  INSURANCE POLICIES TO
DISCHARGE THE LIABILITIES INCURRED OR TO BE INCURRED  UNDER  SUBDIVISION
THREE  OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW AND (V)
such other purposes as are set forth in  the  financing  agreement.  Not
inconsistent  with  this section, the authority may provide restrictions
on the use and investment of net proceeds of the bonds and other amounts
in [the] ANY financing agreement or otherwise in a tax regulatory agree-
ment as necessary or desirable to assure that they are exempt from taxa-
tion.
  S 29. Paragraphs (a), (c), and (g) of subdivision 5 of section  1680-l
of  the  public  authorities  law,  as added by chapter 6 of the laws of
2007, subparagraph (i) of paragraph (a)  of  subdivision  5  as  further
amended  by section 104 of part A of chapter 62 of the laws of 2011, are
amended to read as follows:
  (a) (i) The authority shall have power and  is  hereby  authorized  to
issue  its  bonds at such times and in an aggregate principal amount not
to exceed an amount to be determined by the superintendent of  financial
services  as  necessary  to  address  all  or  a portion of the incurred
unfunded liabilities of the special disability  fund,  but  in  no  case
exceeding  twenty-five  percent of the unfunded liability of the special
disability fund as of a date no later  than  July  first,  two  thousand
seven,  as  certified  to  the authority by a qualified third party. The
bonds shall be issued for the [following] corporate purposes[: (A) fund-
ing of waiver agreements, (B) payment of financing  costs,  (C)  funding
anticipated  liabilities  of  the  special  disability fund, (D) funding
contract awards pursuant to paragraph two of subdivision (h) of  section
thirty-two  of the workers' compensation law and (E) such other purposes
as are set forth in the financing agreement] IDENTIFIED  IN  SUBDIVISION
FOUR-B  OF  THIS  SECTION AND IN THE APPLICABLE FINANCIAL AGREEMENT. The
foregoing limitation on outstanding aggregate principal shall not  apply
to prevent the issuance of bonds to refund bonds.
  (ii) Each issuance of bonds shall be authorized by a resolution of the
authority,  provided,  however, that any such resolution authorizing the
issuance of bonds may delegate to an officer of the authority the  power
to issue such bonds from time to time and to fix the details of any such
issues  of  bonds by an appropriate certificate of such authorized offi-
cer. Every issue of the bonds of the authority [for the special disabil-
ity fund] PURSUANT TO THIS SECTION shall be special revenue  obligations
payable  from  and  secured  by  a  pledge of revenues and other assets,
including those proceeds of such bonds deposited in a reserve  fund  for
the  benefit of bondholders, earnings on funds of the authority and such
other funds and assets as may become  available,  upon  such  terms  and
conditions  as  specified by the authority in the resolution under which
the bonds are issued or in a related trust indenture.
  (iii) The authority shall have the power and is hereby authorized from
time to time to issue bonds, [in] AFTER consultation with  the  DIRECTOR
OF  BUDGET  AND special disability fund advisory committee to refund any
bonds issued under this section by the issuance of  new  bonds,  whether
the  bonds  to  be refunded have or have not matured, and to issue bonds

S. 6405--A                         60                         A. 9005--A

partly to refund bonds then outstanding and partly for any of its  other
corporate  purposes  under  this  section.    The refunding bonds may be
exchanged for the bonds to be refunded or sold and the proceeds  applied
to the purchase, redemption or payment of such bonds.
  (c)  The  authority  may  sell  such bonds in such manner, either at a
public or private sale and either on a competitive or negotiated  basis,
provided  no  such  bonds  may  be sold by the authority at private sale
unless such sale and the terms thereof have been approved in writing  by
the  comptroller  of  the  state of New York. The proceeds of such bonds
shall be disbursed for the purposes for which  such  bonds  were  issued
under  such  restrictions  as the financing agreement and the resolution
authorizing the issuance of such bonds or the  related  trust  indenture
may  provide.  Such bonds shall be issued upon approval of the authority
and without any other approvals, filings, proceedings or  the  happening
of  any  other  conditions or things other than the approvals, findings,
proceedings, conditions, and things that are specified and  required  by
this  section[. Provided]; PROVIDED, however, that any issuance of bonds
under the authority of this section shall be considered  a  project  for
the  purposes  of  section  fifty-one  of  this  chapter, and subject to
approval under such section.
  (g) The authority may enter into, amend or terminate, as it determines
to be necessary or appropriate, any ancillary bond facility  [in]  AFTER
consultation  with  the  DIRECTOR  OF BUDGET AND special disability fund
advisory  committee  (i)  to  facilitate  the  issuance,  sale,  resale,
purchase,  repurchase  or  payment  of  bonds,  interest rate savings or
market diversification or the making or  performance  of  interest  rate
exchange or similar agreements, including without limitation bond insur-
ance,  letters  of  credit  and liquidity facilities, (ii) to attempt to
manage or hedge risk or achieve a desirable effective interest  rate  or
cash  flow,  or  (iii)  to  place  the obligations or investments of the
authority, as represented by the bonds or  the  investment  of  reserved
bond  proceeds or other pledged revenues or other assets, in whole or in
part, on the interest rate, cash flow or other basis decided [in], AFTER
consultation with the DIRECTOR OF BUDGET  AND  special  disability  fund
advisory  committee,  which  facility  may  include  without  limitation
contracts commonly known as interest rate  exchange  or  similar  agree-
ments, forward purchase contracts or guaranteed investment contracts and
futures  or  contracts  providing  for  payments  based on levels of, or
changes in, interest rates.  These  contracts  or  arrangements  may  be
entered  into  by  the  authority  in connection with, or incidental to,
entering into, or maintaining any (i) agreement which secures  bonds  of
the  authority  or (ii) investment, or contract providing for investment
of reserves or similar facility guaranteeing an investment  rate  for  a
period  of  years  not  to  exceed the underlying term of the bonds. The
determination by the authority that an ancillary bond  facility  or  the
amendment  or  termination thereof is necessary or appropriate as afore-
said shall be conclusive. Any ancillary bond facility may  contain  such
payment,  security,  default,  remedy,  and  termination  provisions and
payments and other terms and conditions as determined by the  authority,
after  giving  due consideration to the creditworthiness of the counter-
party or other obligated party, including any rating by  any  nationally
recognized rating agency, and any other criteria as may be appropriate.
  S  30.  Subdivision 8 of section 1680-l of the public authorities law,
as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
follows:

S. 6405--A                         61                         A. 9005--A

  8.  All monies of the authority from whatever source derived, THAT ARE
PLEDGED PURSUANT TO THIS SECTION, shall be paid to the treasurer of  the
authority and shall be deposited forthwith in a bank or banks designated
by the authority. The monies in such accounts shall be paid out or with-
drawn  on  the  order  of  such  person  or persons as the authority may
authorize to make such requisitions. All deposits of such  monies  shall
either be secured by obligations of the United States or of the state or
of  any  municipality of a market value equal at all times to the amount
on deposit, or monies of the authority may be deposited in money  market
funds rated in the highest short-term or long-term rating category by at
least  one  nationally recognized rating agency. To the extent practica-
ble, and consistent with the requirements of  the  authority,  all  such
monies  shall  be  deposited in interest bearing accounts. The authority
shall have power, notwithstanding the provisions  of  this  section,  to
contract  with  the  holders of any bonds as to the custody, collection,
security, investment and payment of any monies of the authority  or  any
monies held in trust or otherwise for the payment of bonds or any way to
secure  bonds, and carry out any such contract notwithstanding that such
contract may be inconsistent with the provisions of this section. Monies
held in trust or otherwise for the payment of bonds or  in  any  way  to
secure  bonds  and  deposits  of  such moneys may be secured in the same
manner as monies of the authority and all banks and trust companies  are
authorized  to  give such security for such deposits. Any SUCH monies of
the authority not required for immediate use or disbursement may, at the
discretion of the authority, be invested in accordance with law and such
guidelines as are approved by the authority.
  S 31. Paragraph (a) of subdivision 10 of section 1680-l of the  public
authorities  law,  as added by chapter 6 of the laws of 2007, is amended
to read as follows:
  (a) The state, solely with respect to the  resources  of  the  special
disability fund AND OF THE FUND FOR REOPENED CASES, AS APPLICABLE and as
set  forth  in  [the  special disability fund] EACH APPLICABLE financing
agreement, covenants with the purchasers and all subsequent  owners  and
transferees of bonds issued by the authority pursuant to this section in
consideration  of  the acceptance of the payment of the bonds, until the
bonds, together with the interest thereon, with interest on  any  unpaid
installment  of  interest  and all costs and expenses in connection with
any action or proceeding on behalf of the  owners,  are  fully  met  and
discharged  or unless expressly permitted or otherwise authorized by the
terms of each [special disability fund] APPLICABLE  financing  agreement
and  any  contract made or entered into by the authority with or for the
benefit of such owners, (i) that in the event bonds of the authority are
sold as federally tax-exempt bonds, the state shall not take any  action
or fail to take action that would result in the loss of such federal tax
exemption  on  said  bonds,  (ii) that the state will cause the workers'
compensation board to impose, charge, raise, levy, collect and apply the
pledged assessments  and  other  revenues,  receipts,  funds  or  moneys
pledged  for  the  payment  of debt service requirements in each year in
which bonds are outstanding, and (iii) further, that the state (A)  will
not materially limit or alter the duties imposed on the workers' compen-
sation  board,  the  authority  and  other officers of the state by [the
special disability fund] EACH APPLICABLE  financing  agreement  and  the
bond  proceedings  authorizing  the  issuance  of  bonds with respect to
application of pledged assessments or other revenues, receipts, funds or
moneys pledged for the payment of debt service  requirements,  (B)  will
not  issue  any  bonds,  notes or other evidences of indebtedness, other

S. 6405--A                         62                         A. 9005--A

than the bonds AUTHORIZED BY THIS SECTION, having any rights arising out
of paragraph (h) of subdivision eight of section fifteen of the workers'
compensation law, SUBDIVISION THREE  OF  SECTION  TWENTY-FIVE-A  OF  THE
WORKERS' COMPENSATION LAW, SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS'
COMPENSATION  LAW  or  this section or secured by any pledge of or other
lien or charge on the pledged  revenues  or  other  receipts,  funds  or
moneys  pledged for the payment of debt service requirements; EXCEPT FOR
BONDS AUTHORIZED UNDER SECTION FIFTY-C OF THE WORKERS' COMPENSATION LAW,
(C) will not create or cause to be created any lien  or  charge  on  the
pledged  revenues,  other than a lien or pledge created thereon pursuant
to said sections, (D) will carry out and perform, or cause to be carried
out and performed,  each  and  every  promise,  covenant,  agreement  or
contract  made  or  entered  into  by [the special disability fund] EACH
APPLICABLE financing agreement, by the authority or on its  behalf  with
the bond owners of any bonds, (E) will not in any way impair the rights,
exemptions or remedies of the bond owners, and (F) will not limit, modi-
fy,  rescind, repeal or otherwise alter the rights or obligations of the
appropriate officers of the state to impose, maintain, charge or collect
the assessments and other revenues or receipts constituting the  pledged
revenues  as  may be necessary to produce sufficient revenues to fulfill
the terms of the proceedings authorizing  the  issuance  of  the  bonds,
including  pledged revenue coverage requirements, provided, however, (i)
the remedies available to the authority  and  the  bondholders  for  any
breach  of  the  pledges  and  agreements of the state set forth in this
subclause shall be limited to injunctive relief, (ii)  nothing  in  this
subdivision  shall  prevent  the  authority  from  issuing  evidences of
indebtedness (A) which are secured by a pledge or  lien  which  is,  and
shall  on  the  face thereof, be expressly subordinate and junior in all
respects to every lien  and  pledge  created  by  or  pursuant  to  said
sections,  or  (B) which are secured by a pledge of or lien on moneys or
funds derived on or after the date every pledge or lien thereon  created
by  or  pursuant to said sections shall be discharged and satisfied, and
(iii) nothing in this subdivision shall preclude the state from exercis-
ing its power, through a change  in  law,  to  limit,  modify,  rescind,
repeal  or  otherwise  alter the character of the pledged assessments or
revenues or to substitute like  or  different  sources  of  assessments,
taxes,  fees,  charges or other receipts as pledged revenues if and when
adequate provision shall be made by law for the protection of the  hold-
ers  of  outstanding  bonds  pursuant to the proceedings under which the
bonds are issued, including changing or altering the  method  of  estab-
lishing the special assessments.
  The  authority is authorized to include this covenant of the state, as
a contract of the state, in any agreement with the owner  of  any  bonds
issued pursuant to this section and in any credit facility or reimburse-
ment agreement with respect to such bonds. Notwithstanding these pledges
and  agreements  by  the  state,  the attorney general may in his or her
discretion enforce any and all provisions related to the  special  disa-
bility fund, without limitation.
  S  32.  Paragraph (t) of subdivision 1 of section 1680-q of the public
authorities law, as added by section 35 of part GG of chapter 57 of  the
laws of 2013, is amended to read as follows:
  (t)  "Self-insured  bond financing agreement" or "financing agreement"
means an agreement authorized and created pursuant to  subdivision  four
of this section and section fifty-c of the workers' compensation law, as
[same by its terms and bond proceedings,] SUCH AGREEMENT may be amended.

S. 6405--A                         63                         A. 9005--A

  S  33.  Subdivision 1 of section 1680-q of the public authorities law,
as added by section 35 of part GG of chapter 57 of the laws of 2013,  is
amended by adding a new paragraph (u) to read as follows:
  (U)  "WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" OR "ASSUMPTION
OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY"  MEANS  ANY  POLICY
EXECUTED  OR  DEEMED  OWNED BY THE CHAIR PURSUANT TO SUBPARAGRAPH (A) OR
(C) OF PARAGRAPH SEVEN OF SUBDIVISION THREE-A OF SECTION  FIFTY  OF  THE
WORKERS' COMPENSATION LAW PROVIDING FOR THE ASSUMPTION OF ALL OR PART OF
SUCH  FURTHER  AND  FUTURE CONTINGENT WORKERS' COMPENSATION LIABILITY AS
MAY ARISE FROM PRIOR INJURIES TO WORKERS. SUCH POLICY SHALL BE IN A FORM
APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES AND ISSUED  BY  THE
STATE  INSURANCE  FUND  OR  ANY INSURANCE COMPANY LICENSED TO ISSUE THIS
CLASS OF INSURANCE IN THIS STATE. IN  THE  EVENT  THAT  SUCH  POLICY  IS
ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE INSURANCE FUND, THEN
SUCH  POLICY  SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN
OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED  THIRTEEN  OF  THE
INSURANCE  LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS
CREATED AND GOVERNED BY ARTICLE SIX-A OF THE WORKERS' COMPENSATION  LAW.
SUCH A POLICY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAYMENT
THAT  IS  PAYABLE  IN  ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE
CHAIR AND THE SUPERINTENDENT OF FINANCIAL  SERVICES.  WHEN  ISSUED  SUCH
POLICY SHALL BE NONCANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE
CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED.
  S  34.  Subdivision 2 of section 1680-q of the public authorities law,
as added by section 35 of part GG of chapter 57 of the laws of 2013,  is
REPEALED and a new subdivision 2 is added to read as follows:
  2. THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS TO REDUCE ASSESS-
MENTS IMPOSED ON SELF-INSURED EMPLOYERS UNDER SECTION FIFTY OF THE WORK-
ERS'  COMPENSATION  LAW AS A RESULT OF THE UNFUNDED CLAIMS OF INDIVIDUAL
AND GROUP SELF-INSURERS. THE AUTHORITY MAY ENTER INTO ONE OR MORE  SELF-
INSURED  BOND  FINANCING AGREEMENTS DESCRIBED IN SECTION FIFTY-C AND, TO
THE EXTENT APPLICABLE, SECTION 50(3)(C), OF  THE  WORKERS'  COMPENSATION
LAW.  ALL  OF  THE  PROVISIONS OF THE PUBLIC AUTHORITIES LAW RELATING TO
BONDS AND NOTES OF THE  DORMITORY  AUTHORITY  GENERALLY  WHICH  ARE  NOT
INCONSISTENT  WITH  THE  PROVISIONS OF THIS SECTION SHALL APPLY TO OBLI-
GATIONS AUTHORIZED BY THIS SECTION, INCLUDING BUT  NOT  LIMITED  TO  THE
POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR AND TO ISSUE RENEWAL NOTES
OR REFUNDING BONDS THEREOF.
  S  35. Subparagraph (iii) of paragraph (a) of subdivision 5 of section
1680-q of the public authorities law, as added by section 35 of part  GG
of chapter 57 of the laws of 2013, is amended to read as follows:
  (iii) The authority shall have the power and is hereby authorized from
time to time to issue bonds, [in] AFTER consultation with the chair, the
commissioner  of taxation and finance and the director of the budget, to
refund any bonds issued under this section by the issuance of new bonds,
whether the bonds to be refunded have or have not matured, and to  issue
bonds  partly to refund bonds then outstanding and partly for any of its
other corporate purposes under this section. The refunding bonds may  be
exchanged  for the bonds to be refunded or sold and the proceeds applied
to the purchase, redemption or payment of such bonds.
  S 36. Paragraph (g) of subdivision 5 of section 1680-q of  the  public
authorities  law, as added by section 35 of part GG of chapter 57 of the
laws of 2013, is amended to read as follows:
  (g) The authority may enter into, amend or terminate, as it determines
to be necessary or appropriate, any ancillary bond facility  [in]  AFTER
consultation with the chair and director of the budget (i) to facilitate

S. 6405--A                         64                         A. 9005--A

the  issuance,  sale,  resale, purchase, repurchase or payment of bonds,
interest rate  savings  or  market  diversification  or  the  making  or
performance  of  interest rate exchange or similar agreements, including
without  limitation  bond  insurance,  letters  of  credit and liquidity
facilities, (ii) to attempt to manage or hedge risk or achieve a desira-
ble effective interest rate or cash flow, or (iii) to  place  the  obli-
gations  or investments of the authority, as represented by the bonds or
the investment of reserved bond proceeds or other  pledged  revenues  or
other  assets,  in  whole or in part, on the interest rate, cash flow or
other basis decided [in] AFTER consultation with the chair and  director
of  the  budget, which facility may include without limitation contracts
commonly known as interest rate exchange or similar agreements,  forward
purchase  contracts  or  guaranteed  investment contracts and futures or
contracts providing for payments based on  levels  of,  or  changes  in,
interest  rates.  These contracts or arrangements may be entered into by
the authority in connection with, or incidental to,  entering  into,  or
maintaining  any  agreement  which  secures  bonds  of  the authority or
investment, or contract providing for investment of reserves or  similar
facility  guaranteeing  an  investment rate for a period of years not to
exceed the underlying term  of  the  bonds.  The  determination  by  the
authority  that  an  ancillary  bond facility or the amendment or termi-
nation thereof is necessary or appropriate as aforesaid shall be conclu-
sive. Any ancillary bond facility may contain  such  payment,  security,
default, remedy, and termination provisions and payments and other terms
and  conditions as determined by the authority, after giving due consid-
eration to the creditworthiness of the counterparty or  other  obligated
party,  including any rating by any nationally recognized rating agency,
and any other criteria as may be appropriate.
  S 37. Subdivision 8 of section 1680-q of the public  authorities  law,
as  added by section 35 of part GG of chapter 57 of the laws of 2013, is
amended to read as follows:
  8. All monies of the authority from whatever source derived, THAT  ARE
PLEDGED  PURSUANT TO THIS SECTION, shall be paid to the treasurer of the
authority and shall be deposited forthwith in a bank or banks designated
by the authority. The monies in such accounts shall be paid out or with-
drawn on the order of such  person  or  persons  as  the  authority  may
authorize  to  make such requisitions. All deposits of such monies shall
either be secured by obligations of the United States or of the state or
of any municipality of a market value equal at all times to  the  amount
on  deposit, or monies of the authority may be deposited in money market
funds rated in the highest short-term or long-term rating category by at
least one nationally recognized rating agency. To the  extent  practica-
ble,  and  consistent  with  the requirements of the authority, all such
monies shall be deposited in interest bearing  accounts.  The  authority
shall  have  power,  notwithstanding  the provisions of this section, to
contract with the holders of any bonds as to  the  custody,  collection,
security,  investment  and payment of any monies of the authority or any
monies held in trust or otherwise for the payment of bonds or any way to
secure bonds, and carry out any such contract notwithstanding that  such
contract may be inconsistent with the provisions of this section. Monies
held  in  trust  or  otherwise for the payment of bonds or in any way to
secure bonds and deposits of such moneys may  be  secured  in  the  same
manner  as monies of the authority and all banks and trust companies are
authorized to give such security for such deposits. Any SUCH  monies  of
the authority not required for immediate use or disbursement may, at the

S. 6405--A                         65                         A. 9005--A

discretion of the authority, be invested in accordance with law and such
guidelines as are approved by the authority.
  S 38. Clause (B) of subparagraph (iii) of paragraph (a) of subdivision
10  of section 1680-q of the public authorities law, as added by section
35 of part GG of chapter 57 of the laws of 2013, is amended to  read  as
follows:
  (B)  will  not  issue  any  bonds, notes or other evidences of indebt-
edness, other than the bonds authorized  by  this  section,  having  any
rights  arising  out  of  subparagraph two of paragraph c of subdivision
five of section fifty of the  workers'  compensation  law,  SECTION  ONE
HUNDRED  FIFTY-ONE  OF THE WORKERS' COMPENSATION LAW, or this section or
secured by any pledge of or other lien or charge on the revenues pledged
for the payment of debt service requirements; except for  bonds  author-
ized  under subdivision eight of section fifteen of the workers' compen-
sation law, OR UNDER SECTION TWENTY-FIVE-A OF THE WORKERS'  COMPENSATION
LAW.
  S  39.  The opening paragraph of section 3443 of the insurance law, as
added by chapter 924 of the laws of 1990, is amended to read as follows:
  An insurer issuing a workers' compensation  and  employers'  liability
insurance  policy,  [and a group self-insurer for municipal corporations
as defined in subdivision three-a  of  section  fifty  of  the  workers'
compensation  law,]  may offer, as part of the policy or by endorsement,
deductibles optional to the policyholder for benefits payable under  the
policy,  subject to approval by the superintendent and subject to under-
writing by the insurer,  consistent  with  the  following  standards  or
factors:
  S  40. This act shall take effect immediately; provided, however, that
sections eighteen and nineteen of this act shall take effect January  1,
2017.

                                 PART H

  Section  1.  Section 200 of the workers' compensation law, as added by
chapter 600 of the laws of 1949, is amended to read as follows:
  S 200. Short title. This article shall be known and may  be  cited  as
the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW."
  S  2.  Subdivision 14 of section 201 of the workers' compensation law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438 of the laws of 1964, is amended and eleven new subdivisions 15,  16,
17, 18, 19, 20, 21, 22, 23, 24 and 25 are added to read as follows:
  14.  "A  day  of  disability"  means any day on which the employee was
prevented from performing work because of disability, INCLUDING ANY  DAY
WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
has not received his OR HER regular remuneration.
  15. "FAMILY LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK
TO  PARTICIPATE  IN  PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL
CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY  BY  A  SERIOUS
HEALTH  CONDITION  OF  THE FAMILY MEMBER; OR TO BOND WITH THE EMPLOYEE'S
CHILD DURING THE FIRST TWELVE MONTHS AFTER THE  CHILD'S  BIRTH,  OR  THE
FIRST  TWELVE  MONTHS  AFTER  THE PLACEMENT OF THE CHILD FOR ADOPTION OR
FOSTER CARE WITH THE EMPLOYEE; OR BECAUSE OF ANY QUALIFYING EXIGENCY  AS
INTERPRETED  UNDER  THE  FAMILY  AND  MEDICAL  LEAVE  ACT,  29 U.S.C.S S
2612(A)(1)(E) AND 29 C.F.R.   S.825.126(A)(1)-(8), ARISING  OUT  OF  THE
FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE
IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO
ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES.

S. 6405--A                         66                         A. 9005--A

  16.  "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER, A
STEPSON OR STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF  A  DOMESTIC
PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS.
  17.  "DOMESTIC  PARTNER"  HAS THE SAME MEANING AS SET FORTH IN SECTION
FOUR OF THIS CHAPTER.
  18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS,  INJURY,  IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI-
TAL,  HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, OR CONTINUING TREAT-
MENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER  AND  REQUIRING
ASSISTANCE TO PERFORM THE ACTIVITIES OF DAILY LIVING.
  19.  "PARENT"  MEANS  A  BIOLOGICAL,  FOSTER,  OR  ADOPTIVE  PARENT, A
PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD
IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD.
  20. "FAMILY MEMBER" MEANS A CHILD,  PARENT,  GRANDPARENT,  GRANDCHILD,
SIBLING, SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION.
  21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD.
  22.  "HEALTH CARE PROVIDER" SHALL MEAN A PERSON LICENSED UNDER ARTICLE
ONE  HUNDRED  THIRTY-ONE,  ONE   HUNDRED   THIRTY-ONE-B,   ONE   HUNDRED
THIRTY-TWO,  ONE  HUNDRED  THIRTY-THREE,  ONE  HUNDRED  THIRTY-SIX,  ONE
HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE
HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE
HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE OF THE EDUCATION  LAW  OR  A
PERSON  LICENSED  UNDER THE PUBLIC HEALTH LAW, ARTICLE ONE HUNDRED FORTY
OF THE EDUCATION LAW OR ARTICLE ONE HUNDRED SIXTY-THREE OF THE EDUCATION
LAW.
  23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT.
  24. "SIBLING" MEANS A PERSON  RELATED  TO  ANOTHER  PERSON  BY  BLOOD,
ADOPTION, OR AFFINITY THROUGH A COMMON LEGAL OR BIOLOGICAL PARENT.
  25. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK:
  (A) TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG-
ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
  (B)  TO  BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS
AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE  PLACEMENT
OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR
  (C) BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY
AND  MEDICAL  LEAVE  ACT,  29  U.S.C.  S  2612(A)(1)(E)  AND 29 C.F.R. S
825.126(A)(1)-(8), ARISING OUT OF THE FACT  THAT  THE  SPOUSE,  DOMESTIC
PARTNER,  CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY OR HAS BEEN
NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORC-
ES OF THE UNITED STATES.
  S 3. Section 203 of the workers' compensation law, as amended by chap-
ter 436 of the laws of 1986, is amended to read as follows:
  S 203. Employees eligible for benefits under section two hundred  four
OF THIS ARTICLE.  Employees in employment of a covered employer for four
or  more  consecutive  weeks and employees in employment during the work
period usual to and available during such four or more consecutive weeks
in any trade or business in which they are  regularly  employed  and  in
which  hiring  from day to day of such employees is the usual employment
practice shall be eligible for disability AND FAMILY LEAVE  benefits  as
provided  in  section  two  hundred  four  OF THIS ARTICLE.   EVERY SUCH
EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY  LEAVE  BENEFITS  ONLY
DURING  EMPLOYMENT  WITH  A  COVERED EMPLOYER. Every such employee shall
continue to be eligible FOR DISABILITY BENEFITS during  such  employment
and  for a period of four weeks after such employment terminates regard-
less of whether the employee  performs  any  work  for  remuneration  or

S. 6405--A                         67                         A. 9005--A

profit  in  non-covered  employment. If during such four week period the
employee performs any  work  for  remuneration  or  profit  for  another
covered employer the employee shall become eligible for DISABILITY bene-
fits immediately with respect to that employment. In addition every such
employee  who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN
EMPLOYMENT WITH THE COVERED EMPLOYER AND returns to work with  the  same
employer  after an agreed and specified unpaid leave of absence or vaca-
tion without pay shall become eligible for DISABILITY AND  FAMILY  LEAVE
benefits  immediately  with  respect to such employment. An employee who
during a period in which he or she is eligible to receive benefits under
subdivision two of section two hundred seven OF THIS ARTICLE returns  to
employment  with  a  covered  employer  and an employee who is currently
receiving unemployment insurance benefits or benefits under section  two
hundred  seven  OF  THIS  ARTICLE  and  who returns to employment with a
covered employer shall become eligible  for  DISABILITY  benefits  imme-
diately  with  respect to such employment.  An employee regularly in the
employment of a single employer on a work schedule less than the employ-
er's normal work week shall become eligible for  DISABILITY  AND  FAMILY
LEAVE  benefits  on  the twenty-fifth day of such regular employment. An
employee who [becomes disabled while] IS  eligible  for  DISABILITY  AND
FAMILY  LEAVE benefits in the employment of a covered employer shall not
be deemed, for the purposes of this article,  to  have  such  employment
terminated  during  any period he or she is eligible to receive benefits
under section two hundred four OF THIS  ARTICLE  with  respect  to  such
employment.
  S  4.  The  workers'  compensation  law is amended by adding three new
sections 203-a, 203-b and 203-c to read as follows:
  S 203-A. RETALIATORY  ACTION  PROHIBITED  FOR  FAMILY  LEAVE.  1.  THE
PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO
HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE.
  2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT.
  S  203-B.  REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY ELIGIBLE EMPLOYEE
OF A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS SECTION SHALL BE  ENTI-
TLED,  ON  RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE
POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR
TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE-
FITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT.  THE  TAKING  OF
FAMILY  LEAVE  SHALL  NOT  RESULT  IN THE LOSS OF ANY EMPLOYMENT BENEFIT
ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED.  NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO  ENTITLE  ANY  RESTORED  EMPLOYEE  TO  THE
ACCRUAL  OF  ANY  SENIORITY  OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF
LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO  WHICH  THE  EMPLOYEE  WOULD
HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE.
  S 203-C HEALTH INSURANCE DURING FAMILY LEAVE.
  IN  ACCORDANCE  WITH  THE  FAMILY  AND MEDICAL LEAVE ACT (29 U.S.C. SS
2601-2654), DURING ANY PERIOD OF FAMILY LEAVE THE EMPLOYER  SHALL  MAIN-
TAIN ANY EXISTING HEALTH BENEFITS OF THE EMPLOYEE IN FORCE FOR THE DURA-
TION  OF  SUCH  LEAVE  AS IF THE EMPLOYEE HAD CONTINUED TO WORK FROM THE
DATE HE OR SHE COMMENCED FAMILY LEAVE UNTIL THE DATE HE OR  SHE  RETURNS
TO EMPLOYMENT.
  S 5. Section 204 of the workers' compensation law, as added by chapter
600  of  the laws of 1949, subdivision 2 as amended by chapter 38 of the
laws of 1989, is amended to read as follows:

S. 6405--A                         68                         A. 9005--A

  S 204. Disability AND FAMILY LEAVE during  employment.  1.  Disability
benefits  shall  be  payable  to  an  eligible employee for disabilities
[commencing after June thirtieth,  nineteen  hundred  fifty],  beginning
with  the  eighth  [consecutive] day of disability and thereafter during
the  continuance of disability, subject to the limitations as to maximum
and minimum amounts and duration and other conditions and limitations in
this section and in sections two hundred five and  two  hundred  six  OF
THIS  ARTICLE.    FAMILY  LEAVE BENEFITS SHALL BE PAYABLE TO AN ELIGIBLE
EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE-
AFTER DURING THE CONTINUANCE OF THE NEED FOR FAMILY  LEAVE,  SUBJECT  TO
THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER
CONDITIONS  AND  LIMITATIONS IN THIS SECTION AND IN SECTIONS TWO HUNDRED
FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil-
ity OR FAMILY LEAVE caused by the same or  related  injury  or  sickness
shall  be  deemed  a single period of disability OR FAMILY LEAVE only if
separated by less than three months.
  2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER
JANUARY FIRST, TWO THOUSAND EIGHTEEN  SHALL  BE  FIFTY  PERCENT  OF  THE
EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE
STATE  AVERAGE WEEKLY WAGE, (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN SHALL BE FIFTY-FIVE PERCENT OF THE  EMPLOYEE'S  AVERAGE  WEEKLY
WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY
WAGE,  (III)  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND TWENTY SHALL BE
SIXTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED
SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, AND  (IV)  ON  OR  AFTER
JANUARY  FIRST  OF EACH SUCCEEDING YEAR, SHALL BE SIXTY-SEVEN PERCENT OF
THE EMPLOYEE'S AVERAGE WEEKLY WAGE  BUT  SHALL  NOT  EXCEED  SIXTY-SEVEN
PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT.  THE WEEKLY
BENEFITS  FOR  FAMILY  LEAVE  THAT OCCURS ON OR AFTER JANUARY FIRST, TWO
THOUSAND EIGHTEEN SHALL NOT BE LESS THAN ONE HUNDRED  DOLLARS  PER  WEEK
EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF FAMILY LEAVE ARE LESS
THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER
FULL  WAGES.  BENEFITS MAY BE PAYABLE TO EMPLOYEES FOR PAID FAMILY LEAVE
TAKEN INTERMITTENTLY OR FOR LESS THAN A FULL WORK WEEK IN INCREMENTS  OF
ONE FULL DAY OR ONE FIFTH OF THE WEEKLY BENEFIT.
  (B)  The  weekly  benefit  which  the disabled employee is entitled to
receive for disability  commencing  on  or  after  May  first,  nineteen
hundred eighty-nine shall be one-half of the employee's weekly wage, but
in no case shall such benefit exceed one hundred seventy dollars; except
that  if the employee's average weekly wage is less than twenty dollars,
the benefit shall be such average weekly wage. The weekly benefit  which
the  disabled  employee is entitled to receive for disability commencing
on or after July first, nineteen hundred eighty-four shall  be  one-half
of  the employee's weekly wage, but in no case shall such benefit exceed
one hundred forty-five dollars; except that if  the  employee's  average
weekly wage is less than twenty dollars, the benefit shall be such aver-
age weekly wage. The weekly benefit which the disabled employee is enti-
tled  to receive for disability commencing on or after July first, nine-
teen hundred eighty-three and prior  to  July  first,  nineteen  hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
be less than twenty dollars; except that if the employee's average week-
ly  wage  is  less than twenty dollars the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is  entitled
to  receive  for  disability commencing on or after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred  eighty-

S. 6405--A                         69                         A. 9005--A

three,  shall  be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be  less  than
twenty  dollars;  except  that  if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
The  weekly  benefit  which the disabled employee is entitled to receive
for disability commencing on  or  after  July  first,  nineteen  hundred
seventy  and prior to July first, nineteen hundred seventy-four shall be
one-half of the employee's average weekly wage, but  in  no  case  shall
such  benefit  exceed  seventy-five  dollars  nor  be  less  than twenty
dollars; except that if the employee's average weekly wage is less  than
twenty  dollars  the benefit shall be such average weekly wage.  For any
period of disability less than a full week, the benefits  payable  shall
be  calculated  by  dividing  the  weekly  benefit  by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such  period  of  disability.  The  weekly
benefit  for  a disabled employee who is concurrently eligible for bene-
fits in the employment of more than one covered employer  shall,  within
the maximum and minimum herein provided, be one-half of the total of the
employee's  average  weekly wages received from all such covered employ-
ers, and shall be allocated in the proportion of their respective  aver-
age weekly wage payments.
  S 6. Section 205 of the workers' compensation law, as added by chapter
600  of the laws of 1949, subdivision 1 as amended by chapter 651 of the
laws of 1958, subdivision 2 as amended by chapter 270  of  the  laws  of
1990,  subdivision  5 as amended by chapter 288 of the laws of 1970, and
subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by  chapter  352  of  the
laws of 1981, is amended to read as follows:
  S  205.  Disabilities, FAMILY LEAVE and [disability] periods for which
benefits are not payable. 1. No employee shall be entitled to DISABILITY
benefits under this article:
  [1.] (A) For more than twenty-six weeks MINUS ANY DAYS TAKEN FOR FAMI-
LY LEAVE DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS during a period
of fifty-two consecutive calendar weeks or  during  any  one  period  of
disability, OR FOR MORE THAN TWENTY-SIX WEEKS;
  [2.]  (B) for any period of disability during which an employee is not
under the care of a duly licensed [physician or with respect to disabil-
ity resulting from a condition of the foot which may lawfully be treated
by a duly registered and licensed podiatrist of the state of New York or
with respect to a  disability  resulting  from  a  condition  which  may
lawfully  be  treated  by a duly registered and licensed chiropractor of
the state of New York or with respect to a disability resulting  from  a
condition  which  may  lawfully be treated by a duly licensed dentist of
the state of New York or with respect to a disability resulting  from  a
condition  which  may  lawfully  be  treated  by  a  duly registered and
licensed psychologist of the state of New York  or  with  respect  to  a
disability resulting from a condition which may lawfully be treated by a
duly  certified  nurse midwife, for any period of such disability during
which an employee is neither under the care of a physician nor a  podia-
trist,  nor  a  chiropractor,  nor  a dentist, nor a psychologist, nor a
certified nurse midwife] HEALTH CARE PROVIDER; and  for  any  period  of
disability  during  which an employee who adheres to the faith or teach-
ings of any church or denomination and who in accordance with its creed,
tenets or principles depends for healing upon prayer  through  spiritual
means  alone  in  the  practice  of religion, is not under the care of a
practitioner duly accredited by the church or denomination, and provided

S. 6405--A                         70                         A. 9005--A

such employee shall submit to all physical examinations as  required  by
this chapter.
  2.  NO  EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS
ARTICLE:
  (A) FOR MORE THAN TWELVE WEEKS DURING A PERIOD  OF  FIFTY-TWO  CONSEC-
UTIVE  CALENDAR  WEEKS,  OR  FOR  ANY  PERIOD  IN WHICH THE FAMILY LEAVE
COMBINED WITH THE DISABILITY BENEFITS PREVIOUSLY PAID EXCEEDS TWENTY-SIX
WEEKS DURING THE SAME FIFTY-TWO CONSECUTIVE CALENDAR WEEKS;
  (B) FOR ANY PERIOD OF FAMILY LEAVE  WHEREIN  THE  NOTICE  AND  MEDICAL
CERTIFICATION  AS  PRESCRIBED  BY  THE  CHAIR HAS NOT BEEN FILED. AT THE
DISCRETION OF THE CHAIR OR CHAIR'S DESIGNEE, THE FAMILY  MEMBER  WHO  IS
THE  RECIPIENT  OF CARE MAY BE REQUIRED TO SUBMIT TO A PHYSICAL EXAMINA-
TION BY A QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID
FOR BY THE CARRIER.
  (C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT  OF  FAMILY  LEAVE
BENEFITS  DURING  ANY  FIFTY-TWO  CONSECUTIVE CALENDAR WEEKS IN WHICH AN
EMPLOYEE IS ELIGIBLE FOR  THESE  BENEFITS,  AN  EMPLOYER  MAY  OFFER  AN
EMPLOYEE  WHO  HAS  ACCRUED  BUT  UNUSED VACATION TIME OR PERSONAL LEAVE
AVAILABLE AT THE TIME OF USE OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER
TO CHARGE ALL OR PART OF THE FAMILY LEAVE TIME  TO  ACCRUED  BUT  UNUSED
VACATION  OR  PERSONAL  LEAVE, AND RECEIVE FULL SALARY, OR TO NOT CHARGE
TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND  RECEIVE  THE
BENEFIT  AS  SET  FORTH  IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. AN
EMPLOYER THAT PAYS FULL SALARY DURING  A  PERIOD  OF  FAMILY  LEAVE  MAY
REQUEST REIMBURSEMENT IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-SEV-
EN  OF  THIS ARTICLE.   WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE
SHALL RECEIVE THE FULL PROTECTION OF  THE  REINSTATEMENT  PROVISION  SET
FORTH  IN SECTION TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCUR-
RENTLY USE AVAILABLE FAMILY MEDICAL LEAVE  ACT  AND  PAID  FAMILY  LEAVE
CREDITS.  IN  NO  EVENT  CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND THE
TWELVE WEEKS PER ANY FIFTY-TWO WEEK PERIOD SET FORTH  IN  THIS  ARTICLE.
THIS PARAGRAPH MAY NOT BE CONSTRUED IN A MANNER THAT RELIEVES AN EMPLOY-
ER  OF  ANY  DUTY  OF  COLLECTIVE  BARGAINING THE EMPLOYER MAY HAVE WITH
RESPECT TO THE SUBJECT MATTER OF THIS PARAGRAPH.
  3. NO EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY  LEAVE  BENE-
FITS UNDER THIS ARTICLE:
  (A)  for  any  disability  occasioned  by  the wilful intention of the
employee to bring about injury to or the sickness of himself or another,
or resulting from any injury or sickness sustained in  the  perpetration
by the employee of an illegal act;
  [4.]  (B)  for  any day of disability OR FAMILY LEAVE during which the
employee performed work for remuneration or profit;
  [5.] (C) for any day of disability  OR  FAMILY  LEAVE  for  which  the
employee is entitled to receive from his OR HER employer, or from a fund
to which the employer has contributed, remuneration or maintenance in an
amount  equal  to or greater than that to which he OR SHE would be enti-
tled under this article; but any voluntary contribution or aid which  an
employer may make to an employee or any supplementary benefit paid to an
employee pursuant to the provisions of a collective bargaining agreement
or  from  a  trust  fund to which contributions are made pursuant to the
provisions of a collective bargaining agreement shall not be  considered
as continued remuneration or maintenance for this purpose;
  [6.]  (D)  for any period in respect to which such employee is subject
to suspension or disqualification of the  accumulation  of  unemployment
insurance benefit rights, or would be subject if he OR SHE were eligible

S. 6405--A                         71                         A. 9005--A

for  such  benefit  rights,  except for ineligibility resulting from the
employee's disability;
  [7.]  (E)  for any disability due to any act of war, declared or unde-
clared[, if such act shall occur after June thirtieth, nineteen  hundred
fifty];
  [8.]  (F)  for  any  disability  OR FAMILY LEAVE commencing before the
employee becomes eligible to benefits [hereunder or commencing prior  to
July first, nineteen hundred fifty, but this shall not preclude benefits
for recurrence after July first, nineteen hundred fifty, of a disability
commencing prior thereto] UNDER THIS SECTION.
  4.    AN  EMPLOYEE WHO HAS GIVEN BIRTH MAY USE NO MORE THAN A COMBINED
TWELVE WEEKS PURSUANT TO SUBDIVISION ONE FOR  RECOVERY  FROM  CHILDBIRTH
AND SUBDIVISION TWO FOR BONDING WITH THE CHILD AS PERMITTED UNDER SUBDI-
VISION FIFTEEN OF SECTION 201, DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR
WEEKS.  AN EMPLOYEE MAY NOT SEEK BENEFITS CONCURRENTLY UNDER BOTH SUBDI-
VISIONS ONE AND TWO OF THIS SECTION.
  S 7. Section 206 of the workers' compensation law, as amended by chap-
ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate-
ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2
as  amended  by  chapter  24  of the laws of 1988, is amended to read as
follows:
  S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be
payable under section two hundred four or  two  hundred  seven  OF  THIS
ARTICLE:
  (a)  in  a  weekly benefit amount which, together with any amount that
the employee receives or is entitled to receive for the same  period  or
any  part thereof as a permanent disability benefit or annuity under any
governmental system or program,  except  under  a  veteran's  disability
program,  or  under  any  permanent  disability  policy or program of an
employer for whom he OR SHE has performed  services,  would,  if  appor-
tioned to weekly periods, exceed his OR HER weekly benefit amount [here-
under]  UNDER  THIS  SECTION,  provided  however, that there shall be no
offset against the benefits set forth in this article if the  claim  for
disability  benefits  is  based on a disability other than the permanent
disability for which the aforesaid permanent disability benefit or annu-
ity was granted;
  (b) with respect to any week for which payments are received under the
unemployment insurance law or similar law of this state or of any  other
state or of the United States;
  (c)  subject to the provisions of subdivision two of this section, for
any period with respect to which benefits, compensation or other  allow-
ances  (other  than  [workmen's]  WORKERS'  compensation  benefits for a
permanent partial disability occurring prior to the disability for which
benefits are claimed hereunder) are paid or payable under this  chapter,
the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work-
men's]  WORKERS'  compensation  act, occupational disease act or similar
law, or under any employers' liability act or  similar  law;  under  any
other temporary disability or cash sickness benefits act or similar law;
under  section  six hundred eighty-eight, title forty-six, United States
code; under the federal employers' liability act; or under the  maritime
doctrine of maintenance, wages and cure.
  2.  If  an  employee  who  is  eligible  for DISABILITY benefits under
section two hundred three or two hundred seven OF THIS ARTICLE is  disa-
bled  and has claimed or subsequently claims workers' compensation bene-
fits under this chapter or benefits under  the  volunteer  firefighters'
benefit  law  or  the volunteer ambulance workers' benefit law, and such

S. 6405--A                         72                         A. 9005--A

claim is controverted on the ground that the employee's  disability  was
not  caused  by  an  accident that arose out of and in the course of his
employment or by an occupational disease, or by an  injury  in  line  of
duty  as  a  volunteer  firefighter  or  volunteer ambulance worker, the
employee shall be entitled in the first  instance  to  receive  benefits
under this article for his OR HER disability. If benefits have been paid
under this article in respect to a disability alleged to have arisen out
of  and  in the course of the employment or by reason of an occupational
disease, or in line of duty as a volunteer firefighter  or  a  volunteer
ambulance  worker,  the  employer or carrier or the chairman making such
payment may, at any time before award of workers' compensation benefits,
or volunteer firefighters'  benefits  or  volunteer  ambulance  workers'
benefits,  is made, file with the board a claim for reimbursement out of
the proceeds of such award to the employee  for  the  period  for  which
disability  benefits  were  paid to the employee under this article, and
shall have a lien against the award for  reimbursement,  notwithstanding
the  provisions of section thirty-three of this chapter or section twen-
ty-three of the volunteer firefighters' benefit law or  section  twenty-
three  of  the  volunteer  ambulance  workers'  benefit law provided the
insurance carrier liable for payment of the award receives, before  such
award  is made, a copy of the claim for reimbursement from the employer,
carrier or [chairman] CHAIR who paid disability  benefits,  or  provided
the board's decision and award directs such reimbursement therefrom.
  3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED
FOUR OF THIS ARTICLE:
  (A)  DURING  PERIODS  WHEN  THE EMPLOYEE IS RECEIVING WORKERS' COMPEN-
SATION LOST WAGE BENEFITS, OR BENEFITS UNDER THE VOLUNTEER FIREFIGHTERS'
BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW OR UNDER ANY
STATE'S LAW;
  (B) TO AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON  ADMINISTRATIVE  LEAVE
FROM HIS OR HER EMPLOYMENT;
  (C)  TO  AN  EMPLOYEE  DURING PERIODS WHERE THE EMPLOYEE IS COLLECTING
SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND
  (D) FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY  FOR
RENUMERATION OR PROFIT.
  4.  UNLESS  OTHERWISE  EXPRESSLY  PERMITTED  BY THE EMPLOYER, BENEFITS
AVAILABLE UNDER 29 U.S. CODE CHAPTER 28 (THE FAMILY  AND  MEDICAL  LEAVE
ACT)  MUST  BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS. AN EMPLOYER
SHALL NOT BE REQUIRED TO PERMIT  TWELVE  ADDITIONAL  WEEKS  OF  BENEFITS
FOLLOWING EXHAUSTION OF THE TWELVE WEEKS OF PAID FAMILY LEAVE BENEFITS.
  5. A COVERED EMPLOYER IS NOT REQUIRED TO PERMIT MORE THAN ONE EMPLOYEE
TO  USE  THE  SAME  PERIOD  OF  FAMILY LEAVE TO CARE FOR THE SAME FAMILY
MEMBER.
  S 8. Section 207 of the workers' compensation law is amended by adding
a new subdivision 5 to read as follows:
  5. THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  FAMILY
LEAVE  BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO EMPLOYEES
THAT ARE NOT EMPLOYED AT THE TIME FAMILY LEAVE IS  REQUESTED  BY  FILING
THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR.
  S 9. Section 208 of the workers' compensation law, as added by chapter
600  of the laws of 1949, subdivision 1 as amended by chapter 314 of the
laws of 2010, is amended to read as follows:
  S 208. Payment of disability AND FAMILY LEAVE benefits.   1.  Benefits
provided under this article shall be paid periodically and promptly and,
except  as  to a contested period of disability OR FAMILY LEAVE, without
any decision by the board, OR DESIGNEE OF THE CHAIR.  The first  payment

S. 6405--A                         73                         A. 9005--A

of  benefits  shall be due on the fourteenth day of disability OR FAMILY
LEAVE and benefits for that period shall be paid directly to the employ-
ee within four business days thereafter or  within  four  business  days
after  the  filing  of  required proof of claim, whichever is the later.
Thereafter benefits shall be due and payable bi-weekly in  like  manner.
The [chairman] CHAIR OR CHAIR'S DESIGNEE may determine that benefits may
be paid monthly or semi-monthly if wages were so paid, and may authorize
deviation  from  the foregoing requirements to facilitate prompt payment
of benefits. Any inquiry which requires the employee's response in order
to continue benefits uninterrupted or unmodified shall provide a reason-
able time period in which to respond and include a clear  and  prominent
statement  of the deadline for responding and consequences of failing to
respond.
  2. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES  may,
whenever  such  information  is deemed necessary, require any carrier to
file in form prescribed by the [chairman] CHAIR a report or  reports  as
to  any  claim  or  claims,  including (but without limitation) dates of
commencement and termination of benefit payments and amount of  benefits
paid  under  this  article.  The  [chairman] CHAIR AND SUPERINTENDENT OF
FINANCIAL SERVICES may also require annually information in  respect  to
the  aggregate of benefits paid, the number of claims allowed and disal-
lowed, the average benefits and duration of benefit periods, the  amount
of  payrolls  covered and such other information as the [chairman] CHAIR
may deem necessary for the purposes of administering  this  article.  If
the  carrier is providing benefits in respect to more than one employer,
the [chairman]  CHAIR  AND  SUPERINTENDENT  OF  FINANCIAL  SERVICES  may
require  that such information be shown separately as to those employers
who are providing only benefits that are substantially the same  as  the
benefits  required  in  this  article.   THE CHAIR AND SUPERINTENDENT OF
FINANCIAL SERVICES MAY PRESCRIBE THE  FORMAT  OF  SUCH  REPORT  AND  MAY
PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE.
  S  10. Section 209 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 3 as amended by chapter 415  of
the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws
of 1952, is amended to read as follows:
  S 209. Contribution of employees for disability AND FAMILY LEAVE bene-
fits. 1.  Every employee in the employment of a covered employer shall[,
on  and  after January first, nineteen hundred fifty,] contribute to the
cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, FAMILY LEAVE benefits under this article, to the extent and in the
manner herein provided.
  2. The special contribution of each such employee to the  accumulation
of  funds  to  provide  benefits  for  disabled  unemployed  shall be as
provided in subdivision one of section  two  hundred  fourteen  OF  THIS
ARTICLE.
  3.  (A) DISABILITY BENEFITS. The contribution of each such employee to
the cost of disability benefits provided by this article shall  be  one-
half of one per centum of the employee's wages paid to him OR HER on and
after  July  first,  nineteen  hundred fifty, but not in excess of sixty
cents per week.
  (B) FAMILY LEAVE BENEFITS. ON SEPTEMBER FIRST, TWO THOUSAND  SEVENTEEN
AND  ANNUALLY  THEREAFTER THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL
SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING  THE  REPORTS  PROVIDED  IN
SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AND CONSISTENT WITH THE PRIN-
CIPLE  THAT  THE  COSTS  OF  FAMILY  LEAVE  SHOULD BE FUNDED ONE HUNDRED
PERCENT BY EMPLOYEE PAYROLL CONTRIBUTION.

S. 6405--A                         74                         A. 9005--A

  4. Notwithstanding any other provision of law, the employer is author-
ized to collect from his OR HER employees, except as otherwise  provided
in  any  plan  or agreement under the provisions of subdivisions four or
five of section two hundred eleven OF  THIS  ARTICLE,  the  contribution
provided  under  subdivisions  two  and  three  OF THIS SECTION, through
payroll deductions. If the employer shall not  make  deduction  for  any
payroll  period  he  OR SHE may thereafter, but not later than one month
after payment  of  wages,  collect  such  contribution  through  payroll
deduction.
  5.  In  collecting  employee contributions through payroll deductions,
the employer shall act as the agent of his OR HER  employees  and  shall
use  the contributions only to provide disability AND FAMILY LEAVE bene-
fits as required by this article. IN NO EVENT MAY THE EMPLOYEE'S  ANNUAL
CONTRIBUTION  FOR  FAMILY  LEAVE EXCEED HIS OR HER PRO RATA SHARE OF THE
ACTUAL ANNUAL PREMIUM CHARGED FOR THE SAME YEAR AND MUST  BE  DETERMINED
CONSISTENT  WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL COSTS
OF FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY  CONTRIB-
UTION  FOR  DISABILITY  PREMIUM EXCEED ONE-HALF OF ONE PER CENTUM OF THE
EMPLOYEE'S WAGES PAID TO HIM OR HER, BUT NOT IN EXCESS  OF  SIXTY  CENTS
PER  WEEK. After June thirtieth, nineteen hundred fifty, if the employer
is not providing, or to the extent that he OR SHE is not then providing,
for the payment of disability benefits to his OR HER employees by insur-
ing with the state fund or with another insurance  carrier,  he  OR  SHE
shall  keep  the  contributions  of  his OR HER employees as trust funds
separate and apart from all other funds of the employer. The payment  of
such  contributions  by  the  employer  to  a  carrier providing for the
payment of such benefits shall discharge the employer from  responsibil-
ity with respect to such contributions.
  S  11. Section 210 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 210. Employer contributions. 1. Every covered employer shall, on and
after January first, nineteen hundred  fifty,  contribute  the  cost  of
providing disability AND FAMILY LEAVE benefits in excess of the contrib-
utions  collected  from  his  OR HER employees, to the extent and in the
manner provided in this article.
  2. The special contribution of each covered employer  to  the  accumu-
lation  of funds to provide benefits for disabled unemployed shall be as
provided in subdivision one of section  two  hundred  fourteen  OF  THIS
ARTICLE.
  3. The contribution of every covered employer to the cost of providing
disability  benefits  after  June thirtieth, nineteen hundred fifty, AND
PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS AFTER JANUARY FIRST,  TWO
THOUSAND  EIGHTEEN,  shall be the excess of such cost over the amount of
the contributions of his OR HER employees.
  4. No profit shall be  derived  by  any  employer  or  association  of
employers or of employees from providing payment of disability AND FAMI-
LY  LEAVE  benefits  under this article. All funds representing contrib-
utions of employers and  employees,  and  increments  thereon,  held  by
employers  or  associations  of  employers or of employees authorized or
permitted to pay benefits under the provisions of this article,  and  by
trustees  paying benefits under plans or agreements meeting the require-
ments of section two hundred eleven OF  THIS  ARTICLE,  shall  be  trust
funds  and shall be expended only to provide for the payment of benefits
to employees and for the costs of administering this article and for the
support of the fund established under section two  hundred  fourteen  OF
THIS ARTICLE.

S. 6405--A                         75                         A. 9005--A

  S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211
of  the  workers'  compensation  law,  the opening paragraph as added by
chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207
of the laws of 1992, and subdivisions 4 and 5 as amended by chapter  197
of the laws of 1960, are amended, and new subdivisions 7 and 8 are added
to read as follows:
  A  covered  employer  shall, with his OR HER own contributions and the
contributions of his employees, provide  disability  AND  AFTER  JANUARY
FIRST,  TWO  THOUSAND  EIGHTEEN,  FAMILY  LEAVE  benefits  to his OR HER
employees in one or more of the following ways:
  3. by furnishing satisfactory proof to  the  chair  of  the  employers
financial  ability  to  pay such benefits, in which case the chair shall
require the deposit of such securities as the chair may  deem  necessary
[of  the  kind prescribed in subdivisions one, two, three, four and five
and paragraph a of subdivision seven of section two hundred  thirty-five
of  the  banking law or the deposit of cash or the filing of irrevocable
letters of credit issued by a qualified banking institution  as  defined
by  rules promulgated by the chair or the filing of the bond of a surety
company authorized to do business in  this  state,  conditioned  on  the
payment  by  the  employer  of its obligations under this article and in
form approved by the chair, or the posting and filing of  a  combination
of such securities, cash, irrevocable letters of credit and surety bonds
in an amount to be determined by the chair, to secure his or her liabil-
ity  to  pay  the  compensation  provided in this chapter. The amount of
deposit or of the penal sum of the bond shall be determined by the chair
and shall not be less than one-half the estimated contributions  of  the
employees  of  the  employer  for  the  ensuing  year or one-half of the
contributions of the employees which would have been paid by the employ-
ees during the preceding year, whichever is  the  greater,  or  if  such
amount is more than fifty thousand dollars an amount not less than fifty
thousand dollars.  The chair shall have authority to deny an application
to  provide  benefits pursuant to this subdivision or to revoke approval
at any time for good cause shown. In the case of an employer  who  main-
tains  a deposit of securities, irrevocable letters of credit or cash in
accordance with subdivision three of section fifty of this chapter,  the
chair  may  reduce  the amount of the deposit or of the penal sum of the
bond, provided the securities, irrevocable letters  of  credit  or  cash
deposited  by  or  for  such employer under subdivision three of section
fifty of this chapter are, by agreement satisfactory to the chair,  made
available  for  the  payment  of unpaid benefits under this article with
respect to obligations incurred for disabilities commencing prior to the
effective date of such revocation] CONSISTENT  WITH  THE  PROVISIONS  OF
SUBDIVISION  THREE  OF SECTION FIFTY OF THIS CHAPTER.  An association of
employers or employees authorized to pay benefits under this article  or
the  trustee  or  trustees  paying  benefits  under  a plan or agreement
authorized under subdivisions four and five of this  section,  may  with
the  approval  of the chair furnish such proof and otherwise comply with
the provisions of this section to provide disability  AND  FAMILY  LEAVE
benefits to employees under such plan or agreement.
  4. by a plan in existence on the effective date of this article. If on
the  effective  date of this article the employees of a covered employer
or any class or classes of such employees are entitled to receive  disa-
bility AND FAMILY LEAVE benefits under a plan or agreement which remains
in  effect  on July first, nineteen hundred fifty, the employer, subject
to the requirements of this section, shall be relieved of responsibility
for making provision for benefit payments required  under  this  article

S. 6405--A                         76                         A. 9005--A

until  the  earliest  date,  determined  by the [chairman] CHAIR for the
purposes of this article, upon which the employer shall have  the  right
to  discontinue  the  provisions  thereof or to discontinue his contrib-
utions  towards  the  cost.  Any such plan or agreement may be extended,
with or without modification,  by  agreement  or  collective  bargaining
between  an  employer  or  employers  or association of employers and an
association of employees, in  which  event  the  period  for  which  the
employer is relieved of such responsibility shall include such period of
extension.  Any  other  plan  or agreement in existence on the effective
date of this article which the employer may, by his  OR  HER  sole  act,
terminate  at  any time, or with respect to which he OR SHE is not obli-
gated to continue for any period to make contributions, may be  accepted
by  the [chairman] CHAIR as satisfying the obligation to provide for the
payment of benefits  under  this  article  if  such  plan  or  agreement
provides  benefits  at  least  as favorable as the disability AND FAMILY
LEAVE benefits provided by this article and does  not  require  contrib-
utions of any employee or of any class or classes of employees in excess
of  the  statutory  amount  provided in SUBDIVISION THREE OF section two
hundred nine OF THIS ARTICLE, subdivision three, except by agreement and
provided the contribution is reasonably related  to  the  value  of  the
benefits as determined by the CHAIR [chairman]. The [chairman] CHAIR may
require  that the employer shall enter into an agreement in writing with
the [chairman] CHAIR that he OR SHE will pay the assessments  set  forth
in  sections  two hundred fourteen and two hundred twenty-eight and that
until he OR SHE shall have filed written notice with the  CHAIR  [chair-
man]  of  his  OR HER election to terminate such plan or agreement or to
discontinue making necessary contributions to its cost, he OR  SHE  will
continue  to  provide for the payment of the disability AND FAMILY LEAVE
benefits under such plan or agreement.
  During any period in which any plan or agreement or extension  thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather  than  as  provided  under  this article, other than the benefits
provided in section two hundred seven,  and  provided  the  employer  or
carrier  has  agreed  to  pay  the assessments described in sections two
hundred fourteen and two hundred twenty-eight.
  Any such plan or agreement may be extended with or  without  modifica-
tion, provided the benefits under such plan or agreement, as extended or
modified,  shall  be  found  by  the  [chairman] CHAIR to be at least as
favorable as the benefits provided by this article.
  5. by a new plan or agreement. After the effective date of this  arti-
cle, a new plan or agreement with a carrier may be accepted by the CHAIR
[chairman]  as  satisfying  the obligation to provide for the payment of
benefits under this article if such  plan  or  agreement  shall  provide
benefits  at least as favorable as the disability AND FAMILY LEAVE bene-
fits provided by this article and does not require contributions of  any
employee or of any class or classes of employees in excess of the statu-
tory  amount  provided  in  section two hundred nine, subdivision three,
except by agreement and provided the contribution is reasonably  related
to  the value of the benefits as determined by the [chairman] CHAIR. Any
such plan or agreement shall continue until written  notice  filed  with
the  [chairman]  CHAIR of intention to terminate such plan or agreement,
and any modification of such plan or agreement shall be subject  to  the
written approval of the [chairman] CHAIR.

S. 6405--A                         77                         A. 9005--A

  During  any period in which any plan or agreement or extension thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather  than  as  provided  under  this article, other than the benefits
provided in section two hundred seven,  and  provided  the  employer  or
carrier  has  agreed  to  pay  the assessments described in sections two
hundred fourteen and two hundred twenty-eight.
  7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN  ACCORDANCE  WITH
APPLICABLE  PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW.
  8. AN EMPLOYER PROVIDING  DISABILITY  BENEFITS  COVERAGE  PURSUANT  TO
SUBDIVISION  THREE  OF THIS SECTION MAY OBTAIN COVERAGE FOR FAMILY LEAVE
BENEFITS SEPARATELY PURSUANT TO SUBDIVISION ONE OR  SUBDIVISION  TWO  OF
THIS SECTION.
  S  13.  Subdivisions  1,  2,  4  and  5 of section 212 of the workers'
compensation law, subdivision 1 as amended by chapter 740 of the laws of
1960, subdivision 2 as amended by chapter  120  of  the  laws  of  1969,
subdivision  4 as amended by chapter 205 of the laws of 1993, and subdi-
vision 5 as added by chapter 593 of the laws of  1992,  are  amended  to
read as follows:
  1.  Any  employer  not  required  by  this  article to provide for the
payment of disability OR FAMILY LEAVE benefits to his employees,  or  to
any  class  or  classes  thereof, may become a covered employer or bring
within the provisions of this article such employees or class or classes
thereof by voluntarily electing to provide for payment of such  benefits
in  one  or  more of the ways set forth in section two hundred eleven OF
THIS ARTICLE; but such election shall be subject to the approval of  the
[chairman] CHAIR, and if the employees are required to contribute to the
cost of such benefits the assent within thirty days before such approval
is  granted,  of more than one-half of such employees shall be evidenced
to the satisfaction of the [chairman] CHAIR.  On approval by the [chair-
man] CHAIR of such election to provide benefits, all the  provisions  of
this  article  shall  become  and continue applicable as if the employer
were a covered employer as defined in this article.  The  obligation  to
continue  as  a  covered  employer  with  respect  to employees for whom
provision of benefits is not required under this article, may be discon-
tinued by such employer on ninety days notice to the [chairman] CHAIR in
writing and to his OR HER employees, after he OR SHE  has  provided  for
payment  of  benefits for not less than one year and with such provision
for payment of obligations incurred on and prior to the termination date
as the [chairman] CHAIR may approve.
  2. Notwithstanding the definition of "employer"  and  "employment"  in
section two hundred one of this article, a public authority, a municipal
corporation or a fire district or other political subdivision may become
a  covered  employer  FOR  THE  PURPOSE OF PROVIDING DISABILITY BENEFITS
under this article by complying with the provisions of  subdivision  one
of this section and may discontinue such status only as provided in that
subdivision.
  4.  (A)  An executive officer of a corporation who at all times during
the period involved owns all of the issued and outstanding stock of  the
corporation  and  holds  all of the offices pursuant to paragraph (e) of
section seven hundred fifteen of the business  corporation  law  or  two
executive  officers  of a corporation who at all times during the period
involved between them own all of the issued  and  outstanding  stock  of

S. 6405--A                         78                         A. 9005--A

such  corporation and hold all such offices provided, however, that each
officer must own at least one share of stock and who  is  the  executive
officer  or who are the executive officers of a corporation having other
persons  who  are  employees  required to be covered under this article,
shall be deemed to be included in the corporation's disability AND FAMI-
LY LEAVE benefits insurance contract or  covered  by  a  certificate  of
self-insurance  or a plan under section two hundred eleven of this arti-
cle, unless the officer or officers elect to be excluded from the cover-
age of this article. Such election shall be made by any such corporation
filing with the insurance carrier, or the chair of the workers'  compen-
sation  board  in  the case of self-insurance, upon a form prescribed by
the [chairman] CHAIR, a notice that the corporation  elects  to  exclude
the  executive  officer  or  officers  of  such corporation named in the
notice from the coverage of this article. Such election shall be  effec-
tive  with  respect  to  all policies issued to such corporation by such
insurance carrier as long as it shall  continuously  insure  the  corpo-
ration.  Such  election  shall  be  final and binding upon the executive
officer or officers named in the notice  until  revoked  by  the  corpo-
ration.
  (B)  NOTWITHSTANDING  THE  DEFINITION  OF  "EMPLOYER"  IN  SECTION TWO
HUNDRED ONE OF THIS ARTICLE, A SOLE  PROPRIETOR,  MEMBER  OF  A  LIMITED
LIABILITY  COMPANY  OR  LIMITED LIABILITY PARTNERSHIP, OR OTHER SELF-EM-
PLOYED PERSON MAY BECOME  A  COVERED  EMPLOYER  UNDER  THIS  ARTICLE  BY
COMPLYING WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
  5.  A  spouse who is an employee of a covered employer shall be deemed
to be included in the employer's disability AND  FAMILY  LEAVE  benefits
insurance  contract  or  covered by a certificate of self-insurance or a
plan under section two  hundred  eleven  of  this  article,  unless  the
employer  elects  to exclude such spouse from the coverage of this arti-
cle. Such election shall be made by any such employer  filing  with  the
insurance  carrier,  or  the chair of the workers' compensation board in
the case of self-insurance, upon a  form  prescribed  by  the  chair,  a
notice  that  the  employer  elects  to exclude such spouse named in the
notice from the coverage of this article. Such election shall be  effec-
tive with respect to all policies issued to such employer by such insur-
ance carrier as long as it shall continuously insure the employer.  Such
election  shall be final and binding upon the spouse named in the notice
until revoked by the employer.
  S 14. The workers' compensation law is amended by adding new  sections
212-a and 212-b to read as follows:
  S 212-A. NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" AND "EMPLOYMENT"
SET FORTH IN SECTION TWO HUNDRED ONE OF THIS ARTICLE AND THE REQUIREMENT
FOR  INSURANCE POLICIES TO OFFER BOTH DISABILITY AND FAMILY LEAVE COVER-
AGE SET FORTH IN TWO HUNDRED TWENTY SIX OF THIS ARTICLE, THE STATE,  ANY
POLITICAL  SUBDIVISION  OF  THE  STATE,  A PUBLIC AUTHORITY OR ANY OTHER
GOVERNMENTAL AGENCY OR INSTRUMENTALITY, MAY ELECT TO  BECOME  A  COVERED
EMPLOYER  SOLELY  FOR THE PURPOSE OF FAMILY LEAVE BENEFITS. COVERAGE FOR
FAMILY LEAVE BENEFITS MAY BE SECURED BY A PUBLIC EMPLOYER, AS THAT  TERM
IS  DEFINED  IN  SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE-B OF THIS
ARTICLE, AS PERMITTED BY THIS ARTICLE, INCLUDING AS  APPLICABLE  SECTION
TWO HUNDRED ELEVEN, SUBDIVISION FOUR OF SECTION FIFTY, OR SECTION EIGHT-
Y-EIGHT-C. THE PROVIDER OF FAMILY LEAVE COVERAGE FOR SUCH PUBLIC EMPLOY-
EES  SHALL  BE EXEMPT FROM THE REQUIREMENT THAT INSURANCE POLICIES OFFER
BOTH DISABILITY AND FAMILY LEAVE BENEFITS IN SECTION TWO  HUNDRED  TWEN-
TY-SIX OF THIS ARTICLE.

S. 6405--A                         79                         A. 9005--A

  S 212-B. PUBLIC EMPLOYEES; PUBLIC EMPLOYEES REPRESENTED BY AN EMPLOYEE
ORGANIZATION; EMPLOYEE OPT IN.
  1.  FOR PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE
OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY
OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.  "PUBLIC  EMPLOYER"
MEANS  THE  STATE,  ANY  POLITICAL  SUBDIVISION  OF  THE STATE, A PUBLIC
AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR  INSTRUMENTALITY  THEREOF.
"EMPLOYEE ORGANIZATION" SHALL HAVE THE SAME MEANING SET FORTH IN SECTION
TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
  2.  PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY LEAVE TO PUBLIC
EMPLOYEES IN ACCORDANCE WITH THE  PROCEDURES  AND  TERMS  SET  FORTH  IN
SUBDIVISION THREE OF THIS SECTION.
  3.  (A)  AN EMPLOYEE ORGANIZATION MAY, PURSUANT TO COLLECTIVE BARGAIN-
ING, OPT IN TO PAID FAMILY LEAVE BENEFITS  ON  BEHALF  OF  THOSE  PUBLIC
EMPLOYEES  IT  IS  EITHER CERTIFIED OR RECOGNIZED, WITHIN THE MEANING OF
ARTICLE 14 OF THE CIVIL SERVICE LAW, TO REPRESENT AT ANY  TIME  THAT  IS
MUTUALLY  AGREED  UPON  BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC
EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS  OPTED  IN  TO  PAID  FAMILY
LEAVE  BENEFITS MAY, PURSUANT TO COLLECTIVE BARGAINING, OPT OUT OF IT AS
IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC
EMPLOYER.
  B. FOR PUBLIC EMPLOYEES WHO ARE NOT REPRESENTED BY AN EMPLOYEE  ORGAN-
IZATION,  THE  PUBLIC  EMPLOYER MAY OPT-IN TO PAID FAMILY LEAVE BENEFITS
WITHIN NINETY DAYS NOTICE TO SUCH PUBLIC EMPLOYEES. FOLLOWING OPT-IN  BY
A  PUBLIC  EMPLOYER  FOR PUBLIC EMPLOYEES NOT REPRESENTED BY AN EMPLOYEE
ORGANIZATION, THE PUBLIC EMPLOYER MAY OPT-OUT OF PAID FAMILY LEAVE BENE-
FITS WITH TWELVE MONTHS NOTICE TO THOSE PUBLIC EMPLOYEES.
  4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY  NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER  MAY  REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
PROVIDE THE MAXIMUM EMPLOYEE CONTRIBUTION, AS DEFINED IN  PARAGRAPH  (B)
OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE.
  S  15.  Subdivision 1 of section 213 of the workers' compensation law,
as amended by chapter 784 of the laws of 1980,  is  amended  and  a  new
subdivision 3 is added to read as follows:
  1.  Whenever  a  covered employer does not comply with this article by
providing for the payment of disability AND FAMILY LEAVE benefits to his
OR HER employees in one or more of the  ways  provided  in  section  two
hundred  eleven  OF  THIS ARTICLE or whenever a carrier fails to pay the
benefits required by this article to employees of  a  covered  employer,
then  such employer shall be fully and directly liable to each of his OR
HER employees for the payment of benefits provided by this article.  The
amount of the benefits to which employees of such employers are entitled
under  this article and attendance fees of [their] ANY attending [physi-
cians or attending podiatrists] HEALTH CARE PROVIDER fixed  pursuant  to
subdivision two of section two hundred thirty-two OF THIS ARTICLE shall,
on  order  of  the [chairman] CHAIR, be paid out of the fund established
under section two hundred fourteen OF THIS ARTICLE.  In case of non-com-
pliance of the employer,  such  employer  shall  forthwith  pay  to  the
[chairman]  CHAIR,  for  credit  to the fund, the sum so expended or one
[per cent] PERCENT of his OR HER payroll for his  OR  HER  employees  in
employment  during  the  period of non-compliance, whichever is greater;
provided, however, that if it shall appear to the  satisfaction  of  the
[chairman] CHAIR that the default in payment of benefits or the non-com-
pliance  of the employer otherwise with his OR HER obligation under this
article was inadvertent, the [chairman] CHAIR may fix the sum payable in

S. 6405--A                         80                         A. 9005--A

such case for non-compliance or default at the amount paid  out  of  the
fund  and a sum less than one [per cent] PERCENT of such payroll, and in
addition the penalties for non-compliance imposed under this article. In
case  of  failure  of  the  carrier  to pay benefits, the employer shall
forthwith pay to the [chairman] CHAIR, for credit to the fund,  the  sum
so expended.
  3.  THE  PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER
SHALL NOT APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY  FIRST,  TWO
THOUSAND  EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY. THERE-
AFTER, IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO  A
PENALTY  FOR  VIOLATION OF THIS SECTION, THE CHAIR MAY, IN THE INTERESTS
OF JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR  BE
AWARDED  ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY EXERCISE
THIS AUTHORITY ONLY IF IT IS THE  EMPLOYER'S  FIRST  TIME  VIOLATION  OF
SECTION  ONE  HUNDRED  FORTY-ONE-B  OF THIS CHAPTER; THE EMPLOYER IS NOT
LIABLE FOR ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY  OR  FAMILY
LEAVE  CLAIMS  AS A RESULT OF THE LACK OF COVERAGE; AND THE EMPLOYER HAS
PAID ALL FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE  LACK  OF
COVERAGE.
  S  16. Section 217 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 1 as amended by chapter 167  of
the  laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of the
laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of
1994, is amended to read as follows:
  S 217. Notice and proof of claim.   1. Written  notice  and  proof  of
disability  OR  PROOF OF NEED FOR FAMILY LEAVE shall be furnished to the
employer by or on behalf of the employee claiming benefits  or,  in  the
case  of  a claimant under section two hundred seven of this article, to
the chair, within thirty days after commencement of the period of  disa-
bility. Additional proof shall be furnished thereafter from time to time
as  the employer or carrier or chair may require but not more often than
once each week. Such proof shall include a statement  of  disability  by
the employee's [attending physician or attending podiatrist or attending
chiropractor or attending dentist or attending psychologist or attending
certified  nurse  midwife]  OR FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE
PROVIDER, or in the case of an employee who  adheres  to  the  faith  or
teachings  of any church or denomination, and who in accordance with its
creed, tenets or principles depends  for  healing  upon  prayer  through
spiritual  means  alone  in  the  practice of religion, by an accredited
practitioner, containing facts and opinions as  to  such  disability  in
compliance  with  regulations of the chair. Failure to furnish notice or
proof within the time and in the manner above provided shall not invali-
date the claim but no benefits shall be required  to  be  paid  for  any
period more than two weeks prior to the date on which the required proof
is  furnished  unless it shall be shown to the satisfaction of the chair
not to have been reasonably possible to furnish such notice or proof and
that such notice or proof was furnished as soon as  possible;  provided,
however,  that  no  benefits  shall be paid unless the required proof of
disability is furnished within [twenty-six weeks after  commencement  of
the  period  of  disability]  THE  PERIOD OF ACTUAL DISABILITY OR FAMILY
LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED  UNDER
SECTION  TWO  HUNDRED  FIVE  OF  THIS  ARTICLE.    No limitation of time
provided in this section shall run  as  against  any  [person]  DISABLED
EMPLOYEE who is mentally incompetent, or physically incapable of provid-
ing  such  notice as a result of a serious medical condition, or a minor
so long as such person has no guardian of the person and/or property.

S. 6405--A                         81                         A. 9005--A

  2. An employee claiming DISABILITY benefits shall, as requested by the
employer or carrier, submit himself or herself  at  intervals,  but  not
more  than once a week, for examination by [a physician or podiatrist or
chiropractor or dentist or psychologist or certified nurse  midwife]  AN
ACCREDITED  HEALTH  CARE PROVIDER designated by the employer or carrier.
All such examinations shall be without cost to the employee and shall be
held at a reasonable time and place.
  3. The chair OR CHAIR'S DESIGNEE may direct  the  claimant  OR  FAMILY
LEAVE  CARE RECIPIENT to submit to examination by a [physician or podia-
trist or chiropractor or dentist or psychologist] HEALTH  CARE  PROVIDER
designated by him or her in any case in which the claim to disability OR
FAMILY  LEAVE  benefits is contested and in claims arising under section
two hundred seven OF THIS ARTICLE, and in other cases as  the  chair  or
board may require.
  4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good
cause  to  submit  to  any  such  examination shall disqualify [him] THE
CLAIMANT OR EMPLOYEE from all benefits hereunder for the period of  such
refusal, except as to benefits already paid.
  5.  If  benefits required to be paid by this article have been paid to
an employee, further payments for the same disability  OR  FAMILY  LEAVE
shall  not be barred solely because of failure to give notice or to file
proof of disability for the period or periods for  which  such  benefits
have been paid.
  6.  In the event that a claim for benefits is rejected, the carrier or
employer shall send by first class mail written notice of  rejection  to
the  [claimant] EMPLOYEE   within forty-five days of receipt of proof of
disability. Failure to mail such written notice of rejection within  the
time  provided,  shall bar the employer or carrier from contesting enti-
tlement to benefits for any period of disability prior  to  such  notice
but  such  failure  may  be excused by the [chairman] CHAIR if it can be
shown to the satisfaction of the  [chairman]  CHAIR  not  to  have  been
reasonably  possible to mail such notice and that such notice was mailed
as soon as possible.  Such notice shall include a statement, in  a  form
prescribed  by  the  [chairman] CHAIR, to the effect that the [claimant]
EMPLOYEE may, for the purpose of review [by the board], file  [with  the
chairman] notice that his or her claim has not been paid AS SET FORTH IN
SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE.
  S  17.  Section  219  of  the workers' compensation law, as amended by
chapter 688 of the laws of 1953, is amended to read as follows:
  S 219. Enforcement of payment in default. In case of a default in  the
payment  of  any  benefits,  assessments or penalties payable under this
article by an employer who has failed to comply with the  provisions  of
section  two hundred eleven of this [chapter] ARTICLE or refusal of such
employer to reimburse the fund under section  two  hundred  fourteen  OF
THIS ARTICLE for the expenditures made therefrom pursuant to section two
hundred  thirteen  OF  THIS  ARTICLE or to deposit within ten days after
demand the estimated  value  of  benefits  not  presently  payable,  the
[chairman]  CHAIR may file with the county clerk for the county in which
the employer has his principal place of business (1) a certified copy of
the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION
DESIGNATED BY THE CHAIR PURSUANT TO SECTION TWO  HUNDRED  TWENTY-ONE  OF
THIS  ARTICLE, or order of the [chairman] CHAIR, or (2) a certified copy
of the demand for deposit of security, and thereupon  judgment  must  be
entered  in  the supreme court by the clerk of such county in conformity
therewith immediately upon such filing.

S. 6405--A                         82                         A. 9005--A

  S 18. Section 220 of the workers' compensation law, as added by  chap-
ter  600 of the laws of 1949, subdivision 1 as amended by chapter 387 of
the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of
1979, subdivision 3 as amended by chapter  415  of  the  laws  of  1983,
subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision
5  as  amended  by  chapter  940  of  the laws of 1973, subdivision 7 as
amended by chapter 61 of the laws of 1989 and subdivision 8  as  amended
by chapter 213 of the laws of 1993, is amended to read as follows:
  S  220.  Penalties.  1.  Any  employer who fails to make provision for
payment of disability OR FAMILY LEAVE benefits as  required  by  section
two hundred eleven of this article within ten days following the date on
which such employer becomes a covered employer as defined in section two
hundred  two  OF  THIS ARTICLE shall be guilty of a misdemeanor and upon
conviction be punishable by a fine of not less than one hundred nor more
than five hundred dollars or imprisonment for not more than one year  or
both,  except  that  where any person has previously been convicted of a
failure to make provisions for payment of  disability  OR  FAMILY  LEAVE
benefits  within  the preceding five years, upon conviction for a second
violation such person shall be fined not less than two hundred fifty nor
more than one thousand two hundred fifty  dollars  in  addition  to  any
other  penalties  including  fines  otherwise  provided by law, and upon
conviction for a third or subsequent violation such person may be  fined
up  to two thousand five hundred dollars in addition to any other penal-
ties including fines otherwise provided by law. Where the employer is  a
corporation, the president, secretary, treasurer, or officers exercising
corresponding functions, shall each be liable under this section.
  2.  The [chairman] CHAIR or any officer of the board designated by him
OR HER, upon finding that an employer has failed to make  provision  for
the  payment  of  disability OR FAMILY LEAVE benefits, shall impose upon
such employer a penalty not in excess of a sum equal to one-half of  one
per  centum  of his OR HER weekly payroll for the period of such failure
and a further sum not in excess of  five  hundred  dollars,  which  sums
shall  be  paid into the fund created under section two hundred fourteen
OF THIS ARTICLE.
  3. If for the purpose of obtaining any benefit or  payment  under  the
provisions of this article, or for the purpose of influencing any deter-
mination regarding any benefit payment, either for himself OR HERSELF or
any  other  person,  any  person, employee, employer or carrier wilfully
makes a false statement or representation or fails to disclose a materi-
al fact, he OR SHE shall be guilty of a misdemeanor.
  4. Whenever a carrier shall fail to make prompt payment of  disability
OR  FAMILY  LEAVE benefits payable under this article and after [hearing
before an officer designated by the chairman]  A  DETERMINATION  BY  THE
CHAIR'S  DESIGNEE  for  that  purpose,  the [chairman] CHAIR OR DESIGNEE
shall determine that failure to make such  prompt  payment  was  without
just  cause,  the  [chairman]  CHAIR  OR DESIGNEE shall collect from the
carrier a sum not in excess of twenty-five per centum of the  amount  of
the  benefits  as to which the carrier failed to make payment, which sum
shall be credited to the special fund for disability benefits. In  addi-
tion,  the  [chairman] CHAIR OR DESIGNEE may collect and pay over to the
employee the sum of ten dollars in respect to  each  week,  or  fraction
thereof, for which benefits have not been promptly paid.
  5.  In  addition  to  other  penalties herein provided, the [chairman]
CHAIR OR DESIGNEE shall remove from the list of [physicians] HEALTH CARE
PROVIDERS authorized to render medical care  under  the  provisions  [of
articles one to eight, inclusive,] of this chapter [and from the list of

S. 6405--A                         83                         A. 9005--A

podiatrists authorized to render podiatric care under section thirteen-k
of this chapter, and from the list of chiropractors authorized to render
chiropractic  care  under section thirteen-l of this chapter the name of
any  physician  or  podiatrist  or  chiropractor] whom [he] THE CHAIR OR
DESIGNEE shall find, after reasonable investigation,  has  submitted  to
the employer or carrier or [chairman] CHAIR in connection with any claim
for  disability  benefits  under this article, a statement of disability
that is not truthful and complete.
  6. In addition to other penalties herein provided, any person who  for
the  purpose  of  obtaining any benefit or payment under this article or
for the purpose of influencing any determination regarding  any  benefit
payment,  knowingly  makes  a  false statement with regard to a material
fact, shall not be entitled to receive  benefits  with  respect  to  the
disability  claimed  or  any  disability  benefits  during the period of
twelve calendar months thereafter; but this penalty shall not be applied
more than once with respect to each such offense.
  7. All fines imposed under subdivisions one and three OF THIS SECTION,
except as herein otherwise provided, shall be paid  directly  and  imme-
diately  by  the  officer  collecting the same to the chair, and be paid
into  the  state  treasury,  provided,  however,  that  all  such  fines
collected  by  justices  of  the  peace  of towns and police justices of
villages shall be paid to the state comptroller in accordance  with  the
provisions  of  section  twenty-seven  of  the town law [and section one
hundred eighty-five of the village law, respectively].
  8. (a) The head of a state or municipal department, board,  commission
or  office  authorized  or required by law to issue any permit for or in
connection with any  work  involving  the  employment  of  employees  in
employment  as  defined in this article, and notwithstanding any general
or special statute requiring or authorizing the issue of  such  permits,
shall not issue such permit unless proof duly subscribed by an insurance
carrier  is  produced  in  a  form  satisfactory  to the chair, that the
payment of disability benefits AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
TWENTY-ONE,  THE  PAYMENT OF FAMILY LEAVE BENEFITS for all employees has
been secured as provided by this  article.    Nothing  herein,  however,
shall  be  construed as creating any liability on the part of such state
or municipal department, board, commission or office to pay any disabil-
ity benefits to any such employee if so employed.
  (b) The head of a state or municipal department, board, commission  or
office  authorized  or required by law to enter into any contract for or
in connection with any work involving the  employment  of  employees  in
employment  as  defined in this article, and notwithstanding any general
or special statute requiring or authorizing any such contract, shall not
enter into any such contract unless proof duly subscribed by  an  insur-
ance  carrier  is produced in a form satisfactory to the chair, that the
payment of disability benefits AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
EIGHTEEN,  THE  PAYMENT  OF  FAMILY LEAVE BENEFITS for all employees has
been secured as provided by this article.
  S 19. Section 221 of the  workers'  compensation  law,  as  separately
amended  by chapters 425 and 500 of the laws of 1985, is amended to read
as follows:
  S 221. Determination of contested claims  for  disability  AND  FAMILY
LEAVE  benefits.    [Within  twenty-six  weeks] IN ACCORDANCE WITH REGU-
LATIONS ADOPTED BY THE CHAIR, WITHIN TWENTY-SIX WEEKS of written  notice
of rejection of claim, the employee may file with the [chairman] CHAIR a
notice that his or her claim for disability OR FAMILY LEAVE benefits has
not  been  paid,  and  the  employee shall submit proof of disability OR

S. 6405--A                         84                         A. 9005--A

ENTITLEMENT TO FAMILY LEAVE and of his  or  her  employment,  wages  and
other  facts  reasonably  necessary  for determination of the employee's
right to such benefits. Failure to file  such  notice  within  the  time
provided,  may  be  excused [by the chairman] if it can be shown [to the
satisfaction of the chairman] not to have been  reasonably  possible  to
furnish such notice and that such notice was furnished as soon as possi-
ble.    On demand [of the chairman] the employer or carrier shall forth-
with deliver to the [chairman] BOARD the original or a true copy of  the
[attending  physician's  or attending podiatrist's or accredited practi-
tioner's statement] HEALTH CARE PROVIDER'S REPORT, wage  and  employment
data  and  all other papers in the possession of the employer or carrier
with respect to such claim.
  The [board] CHAIR OR DESIGNEE shall have full power and  authority  to
determine  all  issues in relation to every such claim for disability OR
FAMILY LEAVE benefits required or  provided  under  this  article[,  and
shall file its decision in the office of the chairman. Upon such filing,
the  chairman  shall  send to the parties a copy of the decision. Either
party may present evidence and be represented by counsel at any  hearing
on such claim.  The decision of the board shall be final as to all ques-
tions  of  fact  and, except as provided in section twenty-three of this
chapter, as to all questions of law].   Every decision  [of  the  board]
shall  be  complied  with  in  accordance with its terms within ten days
thereafter except [in case of appeal]  AS  PERMITTED  BY  LAW  UPON  THE
FILING OF A REQUEST FOR REVIEW, and any payments due under such decision
shall  draw simple interest from thirty days after the making thereof at
the rate provided in section five thousand four of  the  civil  practice
law  and rules. THE CHAIR SHALL ADOPT RULES AND REGULATIONS TO CARRY OUT
THE PROVISIONS OF THIS ARTICLE INCLUDING BUT NOT LIMITED  TO  RESOLUTION
OF  CONTESTED  CLAIMS  AND  REQUESTS  FOR REVIEW THEREOF, AND PAYMENT OF
COSTS FOR RESOLUTION OF DISPUTED CLAIMS BY  CARRIERS.  THE  CHAIR  SHALL
HAVE  AUTHORITY TO PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
FOR CLAIMS ARISING UNDER THIS  ARTICLE  INCLUDING  BUT  NOT  LIMITED  TO
REFERRAL AND SUBMISSION OF DISPUTED CLAIMS TO MANDATORY ARBITRATION WITH
PRIVATE ARBITRATION ASSOCIATIONS, AND ANY DETERMINATION MADE BY ALTERNA-
TIVE  DISPUTE  RESOLUTION  SHALL  NOT BE REVIEWABLE BY THE BOARD AND THE
VENUE FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION.
  S 20. Section 222 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  222.  Technical  rules  of evidence or procedure not required.  The
[chairman or] CHAIR, the board OR THE CHAIR'S  DESIGNEE,  in  making  an
investigation  or  inquiry or conducting a hearing shall not be bound by
common law or statutory rules of evidence  or  by  technical  or  formal
rules  of  procedure,  except  as provided by this chapter; but may make
such investigation or inquiry or conduct such hearing in such manner  as
to ascertain the substantial rights of the parties.
  S  21.  Sections  223  and  224  of  the workers' compensation law are
REPEALED.
  S 22. Section 225 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  225. Fees for representing employees. Claims of attorneys and coun-
sellors-at-law for services in connection with any contested claim aris-
ing under this article shall not be enforceable unless approved  by  the
board.  If  so  approved,  such fee or fees shall become a lien upon the
benefits ordered, but shall be paid therefrom only in the  manner  fixed
by  the  board  OR  THE ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION.  Any
other person, firm, corporation, organization, or other association  who

S. 6405--A                         85                         A. 9005--A

shall  exact or receive any fee or gratuity for any services rendered on
behalf of an employee except in an amount SO determined [by  the  board]
shall  be guilty of a misdemeanor. Any person, firm, corporation, organ-
ization,  or  association  who  shall solicit the business [of appearing
before the board on behalf] of an employee claiming benefits under  this
article,  or  who  shall  make it a business to solicit employment for a
lawyer in connection with any claim for disability OR FAMILY LEAVE bene-
fits under this article, or who shall exact or receive any fee or gratu-
ity or other charge with respect to the collection  of  any  uncontested
claim  for  disability  OR  FAMILY  LEAVE benefits, shall be guilty of a
misdemeanor.
  S 23. Subdivision 5 of section 226 of the workers'  compensation  law,
as  amended by chapter 211 of the laws of 1983, is amended and three new
subdivisions 7, 8 and 9 are added to read as follows:
  5. No contract of insurance issued by an insurance  carrier  providing
the benefits to be paid under this article shall be cancelled within the
time  limited in such contract for its expiration unless notice is given
as required by this section. When cancellation is due to non-payment  of
premiums  such  cancellation  shall  not be effective until at least ten
days after a notice of cancellation of such contract, on a  date  speci-
fied  in  such  notice,  shall  be filed in the office of the [chairman]
CHAIR and also served on the employer. When cancellation is due  to  any
reason other than non-payment of premiums such cancellation shall not be
effective  until  at least thirty days after a notice of cancellation of
such contract, on a date specified in such notice, shall be filed in the
office of  the  [chairman]  CHAIR  and  also  served  on  the  employer;
provided,  however, in either case that if insurance with another insur-
ance carrier has been obtained which  becomes  effective  prior  to  the
expiration  of the time stated in such notice, the cancellation shall be
effective as of the date of such other coverage. Such  notice  shall  be
served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv-
ering  it  to  him  [or  by  sending it by certified or registered mail,
return receipt requested, addressed to the employer at his or  its  last
known  place  of business] OR HER BY ELECTRONIC MEANS; provided that, if
the employer be a partnership, then such notice may be given to any  one
of  the  partners,  and if the employer be a corporation then the notice
may be given to any agent or officer of the corporation upon whom  legal
process may be served, provided, however, the right to cancellation of a
policy  of  insurance  in  the  state  fund  shall be exercised only for
nonpayment of premiums or as provided in  section  ninety-four  of  this
chapter.
  7.  THE CHAIR MAY REQUIRE BY REGULATION THAT EVERY POLICY OF INSURANCE
CONTAIN A PROVISION REQUIRING THAT ALL DISPUTES BE RESOLVED BY MANDATORY
ARBITRATION, IN ACCORDANCE WITH SUCH REGULATIONS.
  8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN  ACCORDANCE  WITH
APPLICABLE  PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW.
  9. EXCEPT AS SET FORTH IN SUBDIVISION EIGHT  OF  SECTION  TWO  HUNDRED
ELEVEN  OF  THIS  ARTICLE,  EVERY POLICY OF INSURANCE ISSUED PURSUANT TO
THIS ARTICLE MUST OFFER COVERAGE FOR BOTH DISABILITY  AND  FAMILY  LEAVE
BENEFITS.
  S  24. The section heading of section 227 of the workers' compensation
law, as amended by chapter 805 of the laws of 1984, is amended  to  read
as follows:
  Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation.

S. 6405--A                         86                         A. 9005--A

  S  25.  Subdivision 1 of section 228 of the workers' compensation law,
as added by section 27 of part GG of chapter 57 of the laws of 2013,  is
amended to read as follows:
  1.  The  estimated  annual expenses necessary for the workers' compen-
sation board OR DEPARTMENT  OF  FINANCIAL  SERVICES  to  administer  the
provisions  of  the  disability  AND  FAMILY LEAVE benefits law shall be
borne by all affected employers and included as part of  the  assessment
rate  generated  pursuant  to  subdivision  two  of  section one hundred
fifty-one of this chapter.
  S 26. Section 229 of the workers'  compensation  law,  as  amended  by
chapter 271 of the laws of 1985, is amended to read as follows:
  S  229.  Posting  of notice and providing of notice of rights. 1. Each
covered employer shall post and maintain in a conspicuous place or plac-
es in and about the employer's place or places of  business  typewritten
or  printed  notices in form prescribed by the [chairman] CHAIR, stating
that the employer has provided for the payment of disability AND  FAMILY
LEAVE  benefits  as  required  by this article. The [chairman] CHAIR may
require any covered employer to furnish a written statement at any  time
showing  the carrier insuring the payment of benefits under this article
or the manner in which such  employer  has  complied  with  section  two
hundred  eleven  OF THIS ARTICLE or any other provision of this article.
Failure for a period of ten days to furnish such written statement shall
constitute presumptive evidence that  such  employer  has  neglected  or
failed in respect of any of the matters so required.
  2.  Whenever  an  employee  of  a covered employer who is eligible for
benefits under section two hundred four of this article shall be  absent
from  work  due  to a disability OR TO PROVIDE FAMILY CARE as defined in
subdivision nine AND SUBDIVISION TWENTY-FIVE  RESPECTIVELY,  of  section
two  hundred  one  of this article for more than seven consecutive days,
the employer shall provide the employee with a written statement of  the
employee's rights under this article in a form prescribed by the [chair-
man] CHAIR.  The statement shall be provided to the employee within five
business  days  after  the employee's seventh consecutive day of absence
due to disability OR FAMILY LEAVE or within five business days after the
employer [knows or should know] HAS RECEIVED NOTICE that the  employee's
absence is due to disability OR FAMILY LEAVE, whichever is later.
  S  27.  Section  232  of  the workers' compensation law, as amended by
chapter 270 of the laws of 1990, is amended to read as follows:
  S 232. Fees FOR TESTIMONY of [physicians, podiatrists,  chiropractors,
dentists  and psychologists] HEALTH CARE PROVIDERS.  Whenever his or her
attendance at a hearing, DEPOSITION OR ARBITRATION before the  board  or
[its  referees]  THE CHAIR'S DESIGNEE is required, the attending [physi-
cian or attending podiatrist  or  attending  chiropractor  or  attending
dentist  or  attending psychologist or attending certified nurse midwife
of the disabled employee, except such  physicians  as  are  disqualified
from  testifying  pursuant  to subdivision one of section thirteen-b, or
section nineteen-a of this chapter, and except such podiatrists  as  are
disqualified from testifying under the provisions of section thirteen-k,
and  except such chiropractors as are disqualified from testifying under
the provisions of section thirteen-l, and except such  psychologists  as
are  disqualified  from testifying under the provisions of section thir-
teen-m,] HEALTH CARE PROVIDER shall be entitled to receive a  fee  [from
the  carrier or the fund established under section two hundred fourteen,
in an amount as directed and fixed by the board, or  its  referees,  and
such  fee  shall  be  in addition to any witness fee] IN ACCORDANCE WITH
REGULATIONS OF THE CHAIR.

S. 6405--A                         87                         A. 9005--A

  S 28. Section 237 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 237. Reimbursement for advance payments by employers. If an employer
has made advance payments of benefits or has made payments to an employ-
ee  in  like  manner  as wages during any period of disability OR FAMILY
LEAVE for which such employee is entitled to the  benefits  provided  by
this article, he OR SHE shall be entitled to be reimbursed by the carri-
er  out of any benefits due or to become due for the existing disability
OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri-
er prior to payment of the benefits BY THE CARRIER.
  S 29. Section 238 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  238. Payments to minors. Minors shall be deemed to be sui juris for
the purpose of [receiving] payment of benefits under this article.
  S 30. Section 239 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  239.  Representation  before the board. Any person, firm, or corpo-
ration licensed by the board under section twenty-four-a OF THIS ARTICLE
or subdivision three-b of section fifty OF THIS CHAPTER shall be  deemed
to  be  authorized  to  appear  in  behalf  of claimants or self insured
employers, as the case may be, in contested disability OR  FAMILY  LEAVE
claims under this article.
  S  31. The section heading and the opening paragraph of section 120 of
the workers' compensation law, as amended by chapter 61 of the  laws  of
1989, are amended to read as follows:
  Discrimination  against employees [who bring proceedings]. It shall be
unlawful for any employer  or  his  or  her  duly  authorized  agent  to
discharge  OR  FAIL TO REINSTATE PURSUANT TO SECTION TWO HUNDRED THREE-B
OF THIS CHAPTER, or in any other manner discriminate against an employee
as to his or  her  employment  because  such  employee  has  claimed  or
attempted  to  claim  compensation  from  such  employer,  OR CLAIMED OR
ATTEMPTED TO CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER  or  because
he  or  she  has  testified or is about to testify in a proceeding under
this chapter and no other valid reason is shown to exist for such action
by the employer.
  S 32. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
  2. The purposes of the state insurance fund herein created are  hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR  the payment of the benefits required by section two hundred four of
this chapter INCLUDING BENEFITS FOR FAMILY CARE.   A  separate  fund  is
hereby  created within the state insurance fund, which shall be known as
the "disability benefits fund", and which shall consist of all  premiums
received and paid into said fund on account of such insurance, all secu-
rities  acquired by and through the use of moneys belonging to said fund
and of interest earned upon moneys belonging to said fund and  deposited
or  invested  as herein provided. Said disability benefits fund shall be
applicable to the payment  of  benefits,  expenses  and  assessments  on
account  of  insurance written pursuant to article nine of this chapter.
PREMIUMS FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS  IN
ACCORDANCE  WITH  THIS  ARTICLE  SHALL  BE CALCULATED IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N)  OF
SECTION  FOUR  THOUSAND  TWO  HUNDRED THIRTY-FIVE OF SUCH LAW. THE STATE
INSURANCE FUND SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE  ON  ESTAB-
LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES.

S. 6405--A                         88                         A. 9005--A

  S 33. Section 88-c of the workers' compensation law, as added by chap-
ter 103 of the laws of 1981, is amended to read as follows:
  S  88-c.  Coverage  of  state  employees.  Notwithstanding  any  other
provisions of law to the contrary AND EXCEPT AS SET FORTH IN SECTION TWO
HUNDRED AND TWELVE-A OF THIS CHAPTER, the liability of the state for the
payment of compensation under this chapter heretofore existing or  here-
inafter  arising shall be secured by an insuring agreement to be entered
into between the department of civil service  and  the  state  insurance
fund  wherein the state, from moneys appropriated therefor, shall pay in
advance to the fund on a periodic basis the actual costs to the fund for
the meeting and paying, as the same become due and  payable,  all  obli-
gations  incurred  under  this  chapter  by  the  state  as an employer.
Notwithstanding any law to the contrary, the fund may on an  actuarially
sound  basis provide to the state insurance for any portion of the obli-
gations of the state as employer under  this  chapter  with  respect  to
injuries  or  deaths  resulting from accidents arising out of and in the
course of employment on or after April first, nineteen  hundred  eighty-
one.  All  such  payments made by the state and paid into the state fund
shall constitute a separate account in the fund to be  used  solely  for
the  purpose  of  discharging  all compensation obligations of the state
pursuant to the provisions of this chapter and in  accordance  with  the
insuring  agreement  as  provided  in  this  section. Any portion of the
account may be invested in the same manner as the assets of the fund  as
provided  in  section eighty-seven of this article. The liability of the
fund for the payment of any claims or the meeting of any obligations  of
the  state  as  an employer as provided in this chapter shall not exceed
the moneys paid into such separate account and any increments or diminu-
tions thereof. The agreement shall further provide that the  fund  shall
render  all  services  and make all reasonable expenditures necessary or
required for the processing, defense and payment  of  all  claims  under
this chapter, including the protection of liens, subrogation, credit and
other  rights  of the state as an employer or the fund as an insurer, in
situations where the employees' injuries or deaths were caused by culpa-
bility of third parties. Except to the extent  that  the  state  obtains
insurance  on  an  actuarially sound basis pursuant to the provisions of
this section, the provisions of section eighty-six of this chapter  with
respect to the maintenance of reserves for the purpose of meeting antic-
ipated  compensation  losses,  shall  not in any manner be applicable to
claims of employees of the state with  respect  to  injuries  or  deaths
resulting  from accidents arising out of and in the course of employment
prior to April first, nineteen hundred eighty-one,  or  to  an  insuring
agreement  entered into between the state insurance fund and the depart-
ment of civil service in accordance with the provisions of this section.
  S 34. Subdivision 1 of section 141-a of the workers' compensation law,
as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
follows:
  1.  To investigate violations of sections fifty-two [and], one hundred
thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or
her designees shall have the power to:
  (a) Enter and inspect any place of business at any reasonable time for
the purpose of investigating employer compliance.
  (b) Examine and copy business records.
  (c) Administer oaths and affirmations.
  (d)  Issue  and  serve  subpoenas  for  attendance  of  witnesses   or
production  of business records, books, papers, correspondence, memoran-
da, and other records. Such subpoenas may be served without the state on

S. 6405--A                         89                         A. 9005--A

any defendant over whom a New York court would have  personal  jurisdic-
tion  under  the  civil  practice law and rules as to the subject matter
under investigation, provided the information or testimony sought  bears
a reasonable relationship to the subject matter under investigation.
  S  35. Section 318 of the workers' compensation law, as added by chap-
ter 788 of the laws of 1951, is amended to read as follows:
  S 318. Rules of evidence; modification of board decisions  or  orders;
appeals.  The provisions of [sections] SECTION two hundred twenty-two [,
two hundred twenty-three and two hundred twenty-four]  OF  THIS  CHAPTER
are made applicable to claims for compensation under this article.
  S  36.  Paragraph 3 of subsection (a) of section 1113 of the insurance
law is amended to read as follows:
  (3) "Accident and health insurance," means (i) insurance against death
or personal injury by accident or by any  specified  kind  or  kinds  of
accident  and  insurance  against  sickness,  ailment  or bodily injury,
including insurance  providing  disability  AND  FAMILY  LEAVE  benefits
pursuant  to  article  nine  of the workers' compensation law, except as
specified in item  (ii)  hereof;  and  (ii)  non-cancellable  disability
insurance, meaning insurance against disability resulting from sickness,
ailment  or  bodily injury (but excluding insurance solely against acci-
dental injury) under any contract which does not give  the  insurer  the
option  to  cancel  or  otherwise terminate the contract at or after one
year from its effective date or renewal date.
  S 37. Paragraphs 1 and 4 of subsection (h)  of  section  4235  of  the
insurance  law  are amended and a new subsection (n) is to added read as
follows:
  (1) Each domestic insurer and each  foreign  or  alien  insurer  doing
business  in this state shall file with the superintendent its schedules
of  premium  rates,  rules  and  classification  of  risks  for  use  in
connection  with  the  issuance of its policies of group accident, group
health or group accident and health  insurance,  and  of  its  rates  of
commissions,  compensation  or  other  fees  or allowances to agents and
brokers pertaining to the solicitation or sale of such insurance and  of
such fees or allowances, exclusive of amounts payable to persons who are
in  the  regular employ of the insurer, other than as agent or broker to
any individuals, firms or corporations pertaining to such class of busi-
ness, whether transacted within or without the state. A  GROUP  ACCIDENT
AND  HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENE-
FITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL  BE
SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION.
  (4) Nothing herein shall prohibit the state insurance fund from taking
into account peculiar hazards of individual risks in establishing higher
premium  rates  to be charged for insurance providing for the payment of
disability [or] AND FAMILY LEAVE benefits  in  accordance  with  article
nine of the workers' compensation law.
  (N)(1)  ON  OR  BEFORE  JUNE FIRST, TWO THOUSAND SEVENTEEN, THE SUPER-
INTENDENT OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH  THE
CHAIR  OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL DETERMINE
WHETHER A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILI-
TY OR FAMILY LEAVE BENEFITS  PURSUANT  TO  ARTICLE  9  OF  THE  WORKERS'
COMPENSATION LAW, INCLUDING POLICIES ISSUED BY THE STATE INSURANCE FUND,
SHALL BE EXPERIENCE RATED OR COMMUNITY RATED, WHICH MAY INCLUDE SUBJECT-
ING THE POLICY TO A RISK ADJUSTMENT MECHANISM.
  (2)  IF  THE  POLICY  IS SUBJECTED TO A RISK ADJUSTMENT MECHANISM, THE
SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH  THE

S. 6405--A                         90                         A. 9005--A

CHAIR  OF  THE  WORKERS' COMPENSATION BOARD OF THIS STATE. ANY SUCH RISK
ADJUSTMENT MECHANISM SHALL BE ADMINISTERED DIRECTLY BY  THE  SUPERINTEN-
DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR
OF  THE  WORKERS'  COMPENSATION BOARD OF THIS STATE, OR BY A THIRD PARTY
VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA-
TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD.
  (3) "RISK ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION  MEANS  THE
PROCESS  USED  TO  EQUALIZE THE PER MEMBER PER MONTH CLAIM AMOUNTS AMONG
INSURERS IN ORDER TO  PROTECT  INSURERS  FROM  DISPROPORTIONATE  ADVERSE
RISKS.
  S 38. Subdivision (c) of section 1108 of the insurance law, as amended
by chapter 838 of the laws of 1985, is amended to read as follows:
  (c)  The  state  insurance  fund  of  this  state,  except  as  to the
provisions of subsection (d) of section two thousand three hundred thir-
ty-nine, section three thousand one hundred ten, subsection  (a),  para-
graph  one  of  subsection  (b),  paragraph  three of subsection (c) and
subsection (d) of section three thousand two hundred one, sections three
thousand two hundred two, three thousand two hundred  four,  subsections
(a)  through  (d)  of  section  three  thousand  two hundred twenty-one,
subsections (b) and (c) of section four  thousand  two  hundred  twenty-
four,  section  four thousand two hundred twenty-six and subsections (a)
and (b) [and], (g) through (j), AND (N) of  section  four  thousand  two
hundred thirty-five of this chapter and except as otherwise specifically
provided by the laws of this state.
  S  39. Section 242 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 242. Separability of provisions; FEDERAL LAW; REGULATIONS.    1.  If
any  provision  of  this [act] ARTICLE or the application thereof to any
person or circumstances is held invalid, the  remainder  of  this  [act]
ARTICLE  and  the  application  of  such  provision  to other persons or
circumstances shall not be affected thereby.
  2. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR APPLIED  SO  AS  TO
CREATE A CONFLICT WITH FEDERAL LAW.
  3.  THE  CHAIR SHALL HAVE AUTHORITY TO ADOPT REGULATIONS TO EFFECTUATE
ANY OF THE PROVISIONS OF THIS ARTICLE.
  S 40. This act shall take effect on the April 1, 2016 and shall  apply
to  all  policies  or  contracts  issued,  renewed, modified, altered or
amended on or after such effective date; provided, however, that  effec-
tive  immediately,  the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on  or  before
such effective date.

                                 PART I

  Section  1.  The  public  authorities  law  is amended by adding a new
section 1678-a to read as follows:
  S 1678-A. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT.   1.
PURPOSES  OF  ACT.    THE  PURPOSES  OF  THE  NEW  YORK STATE DESIGN AND
CONSTRUCTION CORPORATION ACT ARE TO: (A) ESTABLISH THE  NEW  YORK  STATE
DESIGN  AND  CONSTRUCTION  CORPORATION  IN  ORDER  TO PROVIDE ADDITIONAL
PROJECT MANAGEMENT EXPERTISE AND OVERSIGHT ON SIGNIFICANT  PUBLIC  WORKS
PROJECTS  UNDERTAKEN  BY STATE AGENCIES, DEPARTMENTS, PUBLIC AUTHORITIES
AND PUBLIC BENEFIT CORPORATIONS; (B) SET FORTH  THE  RESPONSIBILITY  AND
OBLIGATION  OF  ALL  STATE AGENCIES, DEPARTMENTS, PUBLIC AUTHORITIES AND
PUBLIC BENEFIT CORPORATIONS TO COOPERATE WITH THE CORPORATION AND ACCOM-

S. 6405--A                         91                         A. 9005--A

PLISH THE PURPOSES OF THIS SECTION; (C) MAKE PROVISIONS FOR  CONTRACTUAL
REQUIREMENTS  CONCERNING  THE  INCORPORATION  OF THIS SECTION FOR PUBLIC
WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN  EXCESS
OF  FIFTY MILLION DOLLARS AND FOR ANY AND ALL CONTRACTS RELATING TO SUCH
PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE  PROCURED
AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN; AND
(D)  PROVIDE A MEANS TO IMPLEMENT IMPROVEMENTS AND OTHER PROJECT CHANGES
ON ALL PROPOSED PUBLIC WORKS PROJECTS IN EXCESS OF FIFTY MILLION DOLLARS
IN TOTAL OR AGGREGATE VALUE, IN A MORE  TIMELY  FASHION,  SO  THAT  SUCH
PROJECTS CAN BE ACCOMPLISHED, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN
BUDGET AND AT AN ACCEPTABLE OVERALL QUALITY AND COST TO THE STATE OF NEW
YORK.
  2.  NEW  YORK  STATE DESIGN AND CONSTRUCTION CORPORATION. (A) THERE IS
HEREBY ESTABLISHED THE NEW YORK STATE  DESIGN  AND  CONSTRUCTION  CORPO-
RATION AS A SUBSIDIARY CORPORATION OF THE DORMITORY AUTHORITY.
  (B)  THE DORMITORY AUTHORITY MAY TRANSFER OR ASSIGN TO SUCH SUBSIDIARY
CORPORATION ANY REAL, PERSONAL OR MIXED PROPERTY AS SHALL BE REQUIRED IN
ORDER TO CARRY OUT THE PURPOSES OF THIS ACT. THE  AUTHORITY  MAY  ASSIGN
ANY  SUCH  EMPLOYEES TO WORK FOR THE CORPORATION AS SHALL BE REQUIRED IN
ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION.    NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO THE CONTRARY, THE TERM "EMPLOYEE" AS SET FORTH IN
THIS SECTION SHALL MEAN A  DORMITORY  AUTHORITY  EMPLOYEE  ASSIGNED,  IN
WHOLE, OR IN PART, TO WORK FOR THE CORPORATION.
  (C)  SUCH CORPORATION SHALL BE A BODY CORPORATE AND POLITIC CONSTITUT-
ING A PUBLIC BENEFIT CORPORATION, AND SHALL HAVE ALL OF THE  PRIVILEGES,
IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE DORMITORY AUTHOR-
ITY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THIS SECTION.
  (D)  THE  BOARD  OF  THE CORPORATION SHALL CONSIST OF THREE MEMBERS AS
DESIGNATED BY THE GOVERNOR, AND THE GOVERNOR SHALL DESIGNATE  THE  CHAIR
FROM  AMONG  THE  MEMBERS OF THE CORPORATION'S BOARD. THE MEMBERS OF THE
CORPORATION'S BOARD SHALL SERVE UNTIL SUCH TIME AS HIS OR HER  SUCCESSOR
IS APPOINTED BY THE GOVERNOR.
  (E)  A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE BOARD.
A QUORUM SHALL BE REQUIRED  FOR  THE  BOARD  TO  CONDUCT  BUSINESS,  AND
APPROVAL  OF  ANY  MATTER  PROPERLY  BEFORE  THE BOARD SHALL REQUIRE THE
AFFIRMATIVE VOTE OF THE MAJORITY OF THE BOARD.  MEETINGS OF  THE  CORPO-
RATION  SHALL  BE  CALLED  BY THE CHAIR, OR BY A MAJORITY OF THE MEMBERS
APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY.
  (F) NOTHING IN THIS SUBDIVISION  SHALL  BE  CONSTRUED  TO  IMPOSE  ANY
LIABILITIES,  OBLIGATIONS  OR  RESPONSIBILITIES OF SUCH CORPORATION UPON
THE DORMITORY AUTHORITY, AND THE AUTHORITY SHALL HAVE  NO  LIABILITY  OR
RESPONSIBILITY  THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES BY RESOL-
UTION OF THE AUTHORITY BOARD TO ASSUME THE SAME.
  (G) THE PROVISIONS OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE
SHALL IN ALL RESPECTS APPLY TO MEMBERS OF THE CORPORATION AND ANY  OFFI-
CER,  EMPLOYEE  OR  AGENT  OF  THE  DORMITORY  AUTHORITY  TRANSFERRED OR
ASSIGNED TO THE CORPORATION, WHILE ACTING WITHIN THE SCOPE OF  HIS,  HER
OR ITS AUTHORITY.
  (H)  ALL  OF  THE PROVISIONS OF SECTIONS SEVENTEEN AND NINETEEN OF THE
PUBLIC OFFICERS LAW SHALL APPLY TO THE MEMBERS, DIRECTORS, OFFICERS  AND
EMPLOYEES OF THE CORPORATION.
  (I)  THE CORPORATION CREATED PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO ANY OTHER PROVISIONS OF THIS CHAPTER PERTAINING  TO  SUBSIDIARIES  OF
PUBLIC AUTHORITIES TO THE EXTENT THAT SUCH PROVISIONS ARE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SECTION.

S. 6405--A                         92                         A. 9005--A

  3. CORPORATION REVIEW AND OVERSIGHT OF PUBLIC WORKS CONTRACTS. FOR ALL
PUBLIC  WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN
EXCESS OF FIFTY MILLION DOLLARS AND FOR ANY AND ALL  CONTRACTS  RELATING
TO  SUCH  PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE
PROCURED  AND/OR  ENTERED  INTO  ON OR AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN:
  (A) ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR  PUBLIC  BENEFIT
CORPORATION PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE
CONSTRUCTION  VALUE  IN  EXCESS  OF  FIFTY MILLION DOLLARS SHALL PROVIDE
WRITTEN NOTICE TO THE CORPORATION OF SUCH PROPOSAL, TO  INCLUDE  WITHOUT
LIMITATION,  THE  ESTIMATED  VALUE  OF  THE PROJECT AND A SUMMARY OF THE
SCOPE AND DURATION OF THE PROJECT. PROJECTS  SHALL  NOT  BE  DIVIDED  OR
SEGMENTED FOR THE PURPOSES OF AVOIDING COMPLIANCE WITH THE PROVISIONS OF
THIS ACT.
  (B)  THE CORPORATION SHALL HAVE THE AUTHORITY TO, AND MAY, IN ITS SOLE
DISCRETION, REQUIRE REVIEW AND OVERSIGHT, IN WHOLE OR IN  PART,  OF  ANY
PROJECT, AND MAKE RECOMMENDATIONS REGARDING REQUIRED CORRECTIVE OR OTHER
ACTION TO ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENE-
FIT CORPORATION IN CONNECTION WITH SUCH PROJECT.
  (C)  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "PROJECT" SHALL MEAN
ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING,
ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA-
BILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION,  EXTENSION,  REPAIR,
REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED
IN SECTION TWO OF THE STATE FINANCE LAW.
  (D)  THE  STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION UNDERTAKING SUCH PROJECT  SHALL  FULLY  COOPERATE  WITH  ANY
DETERMINATION  OF  THE CORPORATION, AND PROVIDE ACCESS TO ALL PERSONNEL,
BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFORMATION AS MAY
BE NECESSARY FOR THE CORPORATION TO PERFORM ITS DUTIES.
  (E) IN THE EVENT THE CORPORATION DETERMINES THAT CORRECTIVE  OR  OTHER
ACTION  IS NECESSARY FOR SUCH A PROJECT, THEN THE CORPORATION SHALL HAVE
THE AUTHORITY TO  DIRECT  THAT  THE  STATE  AGENCY,  DEPARTMENT,  PUBLIC
AUTHORITY  OR  PUBLIC  BENEFIT CORPORATION UNDERTAKING THE PROJECT SHALL
IMPLEMENT ALL CORRECTIVE OR OTHER ACTION AS SHALL BE REQUIRED TO  ACCOM-
PLISH THE PROJECT, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND
AT  AN ACCEPTABLE OVERALL COST TO THE STATE OF NEW YORK. SUCH CORRECTIVE
OR OTHER ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) MODIFICATION OF SUCH PLANS, SPECIFICATIONS, DESIGNS AND  ESTIMATES
OF  COSTS  FOR  THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF FACILI-
TIES;
  (II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE;
  (III) DETAILED ANALYSIS OF PROJECT BUDGET;
  (IV) DETAILED ANALYSIS OF  CHANGE  ORDERS  AND/OR  PAYMENTS  TO  PRIME
CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES;
  (V)   DETAILED  ANALYSIS  OF  RECORDS  OF  CONSTRUCTION  OBSERVATIONS,
INSPECTIONS AND DEFICIENCIES;
  (VI) TERMINATION OF CONTRACTS, CONTRACTORS,  SUBCONTRACTORS  OR  OTHER
CONSULTANTS;
  (VII)  PROCUREMENT  OF  INDEPENDENT  AUDITORS, PROJECT MANAGERS, LEGAL
COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT;
  (VIII) REGULAR REPORTING OF  PROJECT  STATUS  AND  MILESTONES  TO  THE
PUBLIC;
  (IX)  ACTIVE  PROJECT  MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI-
TIONAL RESOURCES PROVIDED BY THE CORPORATION; AND

S. 6405--A                         93                         A. 9005--A

  (X) PERIODIC PROJECT REVIEW AND AUDIT BY THE CORPORATION ON A SUITABLE
TIME INTERVAL DETERMINED BY THE CORPORATION.
  (F)  ANY  STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE
CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS  SHALL  INCLUDE  A
SUMMARY  OF  THE  PROVISIONS  OF  THIS  SUBDIVISION IN ALL SUCH PROPOSAL
AND/OR BID DOCUMENTS FOR SUCH PROJECTS.
  (G) ALL CONTRACT DOCUMENTS SHALL EXPRESSLY INCORPORATE THE  PROVISIONS
OF  THIS  SECTION AND INCLUDE COMPLIANCE WITH THE PROVISIONS HEREOF AS A
CONDITION OF PERFORMANCE.
  4. GENERAL POWERS AND DUTIES OF THE CORPORATION. (A)  THE  CORPORATION
SHALL HAVE THE POWER TO:
  (I) SUE AND BE SUED;
  (II) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  (III) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT AND MAKE RULES AND REGULATIONS GOVERNING SAME;
  (IV) APPOINT SUCH OFFICERS AND EMPLOYEES FROM THE OFFICERS AND EMPLOY-
EES  OF  THE  AUTHORITY,  AS  IT  MAY REQUIRE FOR THE PERFORMANCE OF ITS
DUTIES AND FIX AND DETERMINE THEIR QUALIFICATIONS, DUTIES,  AND  COMPEN-
SATION,  AND  RETAIN  OR  EMPLOY  COUNSEL,  AUDITORS,  PRIVATE FINANCIAL
CONSULTANTS, PROFESSIONAL ENGINEERS OR OTHER TECHNICAL  CONSULTANTS  AND
OTHER  SERVICES  ON  A CONTRACT BASIS OR OTHERWISE, FOR THE RENDERING OF
PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND ADVICE,  AND  BE  REIM-
BURSED FOR SUCH SERVICES AS A COST OF THE PROJECT;
  (V)  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
CONVENIENT FOR THE EXERCISE OF  ITS  POWERS  AND  FUNCTIONS  UNDER  THIS
SECTION;
  (VI) TO FIX AND COLLECT FEES AND OTHER CHARGES FOR SERVICES THE CORPO-
RATION RENDERS IN CONNECTION WITH THIS SECTION;
  (VII)  ACQUIRE,  HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS
CORPORATE PURPOSES, INCLUDING WITHOUT LIMITATION THE POWER  TO  EXERCISE
EMINENT DOMAIN;
  (VIII)  ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS
FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE;
  (IX) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS  ACTIV-
ITIES,  PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
ANCE AS IT DEEMS DESIRABLE; AND
  (X) INVEST ANY FUNDS OF THE CORPORATION, OR ANY OTHER MONIES UNDER ITS
CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR  DISBURSEMENT,  AT
THE  DISCRETION  OF  THE CORPORATION, IN OBLIGATIONS OF THE STATE OR THE
UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL  AND  INTEREST  OF
WHICH  ARE  OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHOR-
IZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT  OF  THE  STATE  FINANCE
LAW.
  (B)  THE CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT
TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION.
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO THE  CONTRARY,  ALL
STATE  OFFICERS,  DEPARTMENTS,  BOARDS,  DIVISIONS,  COMMISSIONS, PUBLIC
AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS  SHALL  COOPERATE  WITH  THE
CORPORATION IN EVERY WAY AND SHALL IMPLEMENT ANY AND ALL RECOMMENDATIONS
OF  THE  CORPORATION IN ANY MANNER WITHOUT THE APPROVAL OR AUTHORIZATION
OF ANY STATE OFFICER OR AGENCY.
  5. TERMINATION OF  CORPORATION.  THE  CORPORATION  AND  ITS  CORPORATE
EXISTENCE  SHALL  CONTINUE  UNTIL  TERMINATED BY LAW, PROVIDED, HOWEVER,
THAT NO SUCH LAW SHALL TAKE EFFECT SO LONG AS THE CORPORATION SHALL HAVE

S. 6405--A                         94                         A. 9005--A

OBLIGATIONS OUTSTANDING, UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE
PAYMENT OR EXERCISE THEREOF.
  S 2. This act shall take effect immediately.

                                 PART J

  Section 1. Section 167 of the civil service law is amended by adding a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION OF LAW, THE STATE'S
CONTRIBUTION FOR THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE
COVERAGE  OF  RETIRED  STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE
AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO  THIS
ARTICLE  AND WHO RETIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN
SHALL BE AS SET FORTH IN THIS SUBDIVISION.
  (A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  TEN  OR  HIGHER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE  COST  OF  PREMIUM  OR
SUBSCRIPTION  CHARGES  FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE  COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION  CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT
OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF  SERVICE,
THE  STATE  SHALL  PAY  SEVENTY-FOUR  PERCENT  OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH  RETIRED  STATE
EMPLOYEES.  SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES.
  (B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  NINE  OR  LOWER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST  OF  PREMIUM
OR  SUBSCRIPTION  CHARGES  FOR  THE  INDIVIDUAL COVERAGE OF SUCH RETIRED
STATE EMPLOYEES.  SUCH CONTRIBUTIONS SHALL INCREASE BY  TWO  PERCENT  OF
THE  COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST  OF
PREMIUM  OR SUBSCRIPTION CHARGES.  FOR STATE EMPLOYEES WHO RETIRE FROM A
POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE  YEARS
OF  SERVICE,  THE  STATE  SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF
PREMIUM SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES.
  (C)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF  SUCH  RETIRED
STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE  TEN  OR  HIGHER  WITH
TWENTY  OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT
OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE  COVERAGE  OF
DEPENDENTS  OF  SUCH  RETIRED  STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL

S. 6405--A                         95                         A. 9005--A

INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES
FOR  EACH  YEAR  OF  SERVICE  IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR
SUCH DEPENDENTS.
  (D)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF  SUCH  RETIRED
STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE  NINE  OR  LOWER  WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT
OF  THE  COST  OF  PREMIUM  OR  SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED  STATE  EMPLOYEES;  SUCH  CONTRIBUTION  SHALL
INCREASE  BY  ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY  YEARS,  TO  A  MAXIMUM  OF
SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (E)  WITH  RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT
OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF  SERVICE  TO
THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS
OF SERVICE.
  (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
  (I) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM;
  (II)  MEMBERS  IN  THE  UNIFORMED  PERSONNEL IN INSTITUTIONS UNDER THE
JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED  IN
SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND
  (III)  ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY,
ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT.
  (G) FOR THE PURPOSES OF DETERMINING THE PREMIUM OR SUBSCRIPTION CHARG-
ES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE EMPLOYEES ENROLLED
IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO RETIRE  ON  OR  AFTER
OCTOBER  FIRST, TWO THOUSAND SIXTEEN, THE STATE SHALL CONSIDER ALL YEARS
OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS ACCRUED IN A PUBLIC RETIRE-
MENT SYSTEM OF THE STATE OR AN OPTIONAL RETIREMENT  PROGRAM  ESTABLISHED
PURSUANT  TO ARTICLE THREE, EIGHT-B, OR ONE HUNDRED TWENTY-FIVE-A OF THE
EDUCATION LAW. THE PROVISIONS OF THIS PARAGRAPH MAY NOT BE USED TO GRANT
ELIGIBILITY FOR RETIREE STATE HEALTH INSURANCE COVERAGE TO A RETIREE WHO
IS NOT OTHERWISE ELIGIBLE TO ENROLL IN THE NEW YORK STATE HEALTH  INSUR-
ANCE PROGRAM AS A RETIREE.
  S 2. This act shall take effect October 1, 2016.

                                 PART K

  Section  1.  Section  167-a  of  the  civil service law, as amended by
section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
read as follows:
  S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the

S. 6405--A                         96                         A. 9005--A

federal old-age, survivors and disability insurance  program,  EFFECTIVE
OCTOBER  FIRST, TWO THOUSAND SIXTEEN, an amount [equal to] NOT TO EXCEED
ONE HUNDRED FOUR DOLLARS AND NINETY CENTS PER  MONTH  FOR  the  STANDARD
MEDICARE  premium  charge for such supplementary medical insurance bene-
fits for such active or retired employee and his or her  dependents,  if
any,  shall  be  paid  monthly  or  at other intervals to such active or
retired employee from the  health  insurance  fund;  PROVIDED,  HOWEVER,
EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN, THERE SHALL BE NO PAYMENT
WHATSOEVER  FOR  THE  INCOME  RELATED  MONTHLY ADJUSTMENT AMOUNT FOR ANY
AMOUNTS OR PREMIUMS INCURRED ON OR AFTER  JANUARY  FIRST,  TWO  THOUSAND
SIXTEEN, TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF
ANY.  Where  appropriate,  such  STANDARD MEDICARE PREMIUM amount may be
deducted from contributions payable by the employee or retired employee;
or where appropriate in the case  of  a  retired  employee  receiving  a
retirement  allowance,  such  STANDARD  MEDICARE  PREMIUM  amount may be
included with payments of his or her  retirement  allowance.  All  state
employer,  employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan  as  author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
federal old-age, survivors  and  disability  insurance  program  premium
charges  under  this  section. This cost shall be included in the calcu-
lation of premium or subscription charges for health  coverage  provided
to  employees  and  retired  employees of the state, public authorities,
public benefit corporations or other quasi-public organizations  of  the
state;  provided, however, the state, public authorities, public benefit
corporations or other quasi-public  organizations  of  the  state  shall
remain  obligated  to  pay no less than its share of such increased cost
consistent with its share of premium or  subscription  charges  provided
for  by  this  article.  All  other employer contributions to the health
insurance fund shall be  adjusted  as  necessary  to  provide  for  such
payments.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after October 1, 2016 for  the
standard  medicare  premium  amount  and  January 1, 2016 for the income
related monthly adjustment amount for any amounts or  premiums  incurred
on or after January 1, 2016.

                                 PART L

  Section  1. Paragraph (d) of subdivision 4 of section 209 of the civil
service law, as amended by chapter 67 of the laws of 2013, is amended to
read as follows:
  (d) The provisions of this subdivision shall expire [thirty-nine years
from July first, nineteen hundred seventy-seven, and  hereafter  may  be
renewed every four years] JULY FIRST, TWO THOUSAND NINETEEN.
  S  2.  Paragraph  (f)  of  subdivision  6  of section 209 of the civil
service law, as added by chapter 67 of the laws of 2013, is  amended  to
read as follows:
  (f) The provisions of this subdivision shall expire [three years from]
July first, two thousand [thirteen] NINETEEN.
  S 3. This act shall take effect immediately.

                                 PART M

S. 6405--A                         97                         A. 9005--A

  Section  1.  The opening paragraph of subdivision 3 of section 93-b of
the state finance law, as added by section 1 of part H of chapter 60  of
the laws of 2015, is amended to read as follows:
  Notwithstanding  any  other provisions of law to the contrary, for the
state fiscal year commencing on April first, two thousand  fifteen,  AND
EACH  STATE FISCAL YEAR THEREAFTER, 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 infrastruc-
ture  investment  fund,  in  an amount determined by the director of the
budget to the extent moneys are available in the fund; provided,  howev-
er,  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; and/or to fulfill disallowances and/or settlements  related
to  over-payments of 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 (b) of this subdi-
vision.
  S 2. This act shall take effect immediately.

                                 PART N

  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. Proprietary vocational school supervision account (20452).
  2. Local government records management account (20501).
  3. Child health plus program account (20810).
  4. EPIC premium account (20818).
  5. Education - New (20901).
  6. VLT - Sound basic education fund (20904).
  7.  Sewage  treatment  program  management  and  administration   fund
(21000).
  8. Hazardous bulk storage account (21061).
  9. Federal grants indirect cost recovery account (21065).
  10. Low level radioactive waste account (21066).
  11. Recreation account (21067).
  12. Public safety recovery account (21077).
  13. Environmental regulatory account (21081).
  14. Natural resource account (21082).
  15. Mined land reclamation program account (21084).
  16. Great lakes restoration initiative account (21087).
  17. Environmental protection and oil spill compensation fund (21200).
  18. Public transportation systems account (21401).
  19. Metropolitan mass transportation (21402).
  20. Operating permit program account (21451).
  21. Mobile source account (21452).
  22.   Statewide  planning  and  research  cooperative  system  account
(21902).
  23. Mental hygiene program fund account (21907).
  24. Mental hygiene patient income account (21909).
  25. Financial control board account (21911).
  26. Regulation of racing account (21912).
  27. New York Metropolitan Transportation Council account (21913).
  28. State university dormitory income reimbursable account (21937).

S. 6405--A                         98                         A. 9005--A

  29. Criminal justice improvement account (21945).
  30. Environmental laboratory reference fee account (21959).
  31. Clinical laboratory reference system assessment account (21962).
  32. Indirect cost recovery account (21978).
  33. High school equivalency program account (21979).
  34. Multi-agency training account (21989).
  35.  Interstate  reciprocity  for  post-secondary  distance  education
account.
  36. Bell jar collection account (22003).
  37. Industry and utility service account (22004).
  38. Real property disposition account (22006).
  39. Parking account (22007).
  40. Asbestos safety training program account (22009).
  41. Batavia school for the blind account (22032).
  42. Investment services account (22034).
  43. Surplus property account (22036).
  44. Financial oversight account (22039).
  45. Regulation of Indian gaming account (22046).
  46. Rome school for the deaf account (22053).
  47. Seized assets account (22054).
  48. Administrative adjudication account (22055).
  49. Federal salary sharing account (22056).
  50. New York City assessment account (22062).
  51. Cultural education account (22063).
  52. Local services account (22078).
  53. DHCR mortgage servicing account (22085).
  54. Department of motor vehicles compulsory insurance account (22087).
  55. Housing indirect cost recovery account (22090).
  56. DHCR-HCA application fee account (22100).
  57. Low income housing monitoring account (22130).
  58. Corporation administration account (22135).
  59. Montrose veteran's home account (22144).
  60. Deferred compensation administration account (22151).
  61. Rent revenue other New York City account (22156).
  62. Rent revenue account (22158).
  63. Tax revenue arrearage account (22168).
  64. Highway use tax administration account.
  65. State university general income offset account (22654).
  66. Lake George park trust fund account (22751).
  67. State police motor vehicle law enforcement account (22802).
  68. Highway safety program account (23001).
  69. EFC drinking water program account (23101).
  70. DOH drinking water program account (23102).
  71. NYCCC operating offset account (23151).
  72. Commercial gaming revenue account (23701).
  73. Commercial gaming regulation account (23702).
  74. Highway and bridge capital account (30051).
  75. State university residence hall rehabilitation fund (30100).
  76. State parks infrastructure account (30351).
  77. Clean water/clean air implementation fund (30500).
  78. Hazardous waste remedial cleanup account (31506).
  79. Youth facilities improvement account (31701).
  80. Housing assistance fund (31800).
  81. Housing program fund (31850).
  82. Highway facility purpose account (31951).
  83. Information technology capital financing account (32215).

S. 6405--A                         99                         A. 9005--A

  84. New York racing account (32213).
  85. Mental hygiene facilities capital improvement fund (32300).
  86. Correctional facilities capital improvement fund (32350).
  87. New York State Storm Recovery Capital Fund (33000).
  88. OGS convention center account (50318).
  89. Empire Plaza Gift Shop (50327)
  90. Centralized services fund (55000).
  91. Archives records management account (55052).
  92. Federal single audit account (55053).
  93. Civil service EHS occupational health program account (55056).
  94. Banking services account (55057).
  95. Cultural resources survey account (55058).
  96. Automation & printing chargeback account (55060).
  97. OFT NYT account (55061).
  98. Data center account (55062).
  99. Intrusion detection account (55066).
  100. Domestic violence grant account (55067).
  101. Centralized technology services account (55069).
  102. Labor contact center account (55071).
  103. Human services contact center account (55072).
  104. Tax contact center account (55073).
  105. Policing the NYS thruway account.
  106. Executive direction internal audit account (55251).
  107. CIO Information technology centralized services account (55252).
  108. Health insurance internal service account (55300).
  109.  Civil  service employee benefits division administrative account
(55301).
  110. Correctional industries revolving fund (55350).
  111. Employees health insurance account (60201).
  112. 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, 2017, and with respect to item 5 under the miscella-
neous  category  set  forth  in  this section, up to and after March 31,
2017, up to the unencumbered balance or the following 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.

S. 6405--A                         100                        A. 9005--A

  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).
  Education:
  1.  $2,260,000,000  from  the  general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  2.  $986,000,000  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.  Up  to $137,700,000 from the moneys deposited in commercial gaming
revenue account  (23701)  to  the  general  fund  as  reimbursement  for
disbursements  made from the general fund for supplemental aid to educa-
tion during the prior fiscal year due to the unencumbered balance of the
commercial gaming revenue account during the  prior  fiscal  year  being
less  than required to fully fund payments of general support for public
schools, pursuant to Chapter 61 of the laws of 2015.
  5. $300,000 from the local government records  management  improvement
fund (20500) to the archives partnership trust fund (20350).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  7. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  8.  $343,400,000  from  the  state  university  dormitory  income fund
(40350) to the miscellaneous  special  revenue  fund,  state  university
dormitory income reimbursable account (21937).
  9.  $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).
  10.  $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.
  11. $40,000,000 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.
  12. An amount up to $14,251,000 from the general  fund  to  the  state
university   income  fund,  state  university  general  revenue  account
(22653).
  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).

S. 6405--A                         101                        A. 9005--A

  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. $146,000,000 from the general fund to the environmental  protection
fund, environmental protection fund transfer account (30451).
  6.  $9,700,000  from  the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund, office of human resources development state match account
(21967).
  2. $4,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the general fund.
  4. $140,000,000 from any of the office  of  temporary  and  disability
assistance  or department of health special revenue funds to the general
fund.
  5. $2,500,000 from any of  the  office  of  temporary  and  disability
assistance  special  revenue  federal funds to the miscellaneous special
revenue fund, office of  temporary  and  disability  assistance  program
account (21980).
  6. $21,000,000 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.
  10.  $1,000,000  from  the  general  fund  to the housing program fund
(31850).
  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).

S. 6405--A                         102                        A. 9005--A

  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. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
arrearage account (22024), to the general fund.
  8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous  special  revenue  fund,
authority budget office account (22138).
  9.  $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.
  10.  $21,789,000  from  the  general  fund to the centralized services
fund, COPS account (55013).
  11. $2,360,000 from the general fund to the agencies internal  service
fund,  central  technology  services account (55069), for the purpose of
enterprise technology projects.
  12. $15,000,000 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. $33,710,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
  2. A transfer from the general fund to the combined gifts, grants  and
bequests  fund, breast cancer research and education account (20155), up
to an amount equal to the  monies  collected  and  deposited  into  that
account in the previous fiscal year.
  3.  A transfer from the general fund to the combined gifts, grants and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account  (20183),  up  to  an  amount  equal to the moneys collected and
deposited into that account in the previous fiscal year.
  4. A transfer from the general fund to the combined gifts, grants  and
bequests  fund,  Alzheimer's  disease  research  and  assistance account
(20143), up to an amount equal to the  moneys  collected  and  deposited
into that account in the previous fiscal year.
  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. $7,000,000 from the miscellaneous special revenue fund, certificate
of  need  account  (21920),  to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
  7. $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).
  8. $1,000,000 from  the  miscellaneous  special  revenue  fund,  vital
records  account  (22103),  to  the miscellaneous capital projects fund,
healthcare IT capital account (32216).
  9. $55,500,000 from the HCRA resources fund  (20800)  to  the  capital
projects fund (30000).
  10.  $3,700,000  from  the  miscellaneous  New York state agency fund,
medical assistance account to the general fund.

S. 6405--A                         103                        A. 9005--A

  11. $4,886,000 from the general fund to the  medical  marihuana  trust
fund, health operation and oversight account (23755).
  12.  $1,086,000  from  the miscellaneous special revenue fund, certif-
icate of need account (21920), to the general fund.
  13. $1,000,000 from the miscellaneous special  revenue  fund,  profes-
sional  medical  conduct  account  (22088), to the miscellaneous capital
projects fund, healthcare IT capital account (32216).
  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:
  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.  $1,950,000,000  from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
  3. $1,550,000,000 from the general fund to the  miscellaneous  special
revenue fund, mental hygiene program fund account (21907).
  4.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
  5. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene patient income account (21909), to the general fund.
  6.  $3,800,000  from  the  miscellaneous  special revenue fund, mental
hygiene patient income account (21909), to the agencies internal service
fund, civil service EHS occupational health program account (55056).
  7. $5,000,000 from the chemical  dependence  service  fund,  substance
abuse  services  fund  account  (22700),  to  the  miscellaneous capital
projects fund, chemical dependence service capital account.
  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. $10,500,000 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.  $6,300,000  from  the  general  fund  to the miscellaneous special
revenue fund, crimes against revenue program account (22015).
  6. $8,600,000 from the miscellaneous special  revenue  fund,  criminal
justice improvement account (21945), to the general fund.
  7.  $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.
  8. $53,500,000 from the general fund to  the  correctional  facilities
capital improvement fund (32350).
  9.  $5,000,000  from  the  general  fund  to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities

S. 6405--A                         104                        A. 9005--A

provided by the division of state police for the department of transpor-
tation.
  10. $10,000,000 from the miscellaneous special revenue fund, statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  11. $2,900,000 from the  miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  12.  $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.
  13.  $1,000,000 from the general fund to the agencies internal service
fund, center for employment opportunities NWP account.
  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).
  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.  $1,240,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the dedicated  highway  and  bridge  trust
fund (30050).
  4.  $15,046,384 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.  $810,000,000  from  the  general fund to the dedicated highway and
bridge trust fund (30050).
  6. $936,000 from the  miscellaneous  special  revenue  fund,  accident
prevention  course program account (22094), to the dedicated highway and
bridge trust fund (30050).
  7. $1,234,000 from the miscellaneous special revenue fund,  motorcycle
safety  account  (21976), to the dedicated highway and bridge trust fund
(30050).
  8. $309,250,000 from the general fund to the MTA financial  assistance
fund, mobility tax trust account (23651).
  9. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion  regulation  account  (22067)  to  the dedicated highway and bridge
trust fund (30050), for disbursements made  from  such  fund  for  motor
carrier  safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  10. $34,000 from the miscellaneous special revenue fund, seized assets
account (21906), to the dedicated highway and bridge trust fund (30050).
  Miscellaneous:
  1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2. $500,000,000 from the general fund to the  debt  reduction  reserve
fund (40000).
  3.  $450,000,000  from  the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
  4. $15,500,000 from the general fund, community  projects  account  GG
(10256), to the general fund, state purposes account (10050).
  5.  $1,840,000,000  from the general fund to the dedicated infrastruc-
ture investment fund.

S. 6405--A                         105                        A. 9005--A

  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, 2017:
  1.  Upon request of the commissioner of environmental conservation, up
to $11,410,000 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,293,400 from
the environmental protection and oil spill  compensation  fund  (21200),
and  $1,783,600 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, 2017, 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, 2017, 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

S. 6405--A                         106                        A. 9005--A

designee,  on  or before March 31, 2017, 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
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, 2017.
  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, 2016 through June 30, 2017 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  $996,778,300  from  the  general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2016 through June 30, 2017 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 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, 2017.
  S  12. 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, 2017.

S. 6405--A                         107                        A. 9005--A

  S 13. 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  14. 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, 2017, 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  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, at the request of the director of the  budget,
up  to $750 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  2016-17  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  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 $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  17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized

S. 6405--A                         108                        A. 9005--A

and directed to transfer, at the request of the director of the  budget,
up  to $350 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  18. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund $20,000,000 for the state fiscal  year
commencing  April  1,  2016,  the  proceeds of which will be utilized to
support energy-related state activities.
  S 19. 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 $23,000,000 from
proceeds collected by the authority from the auction or sale  of  carbon
dioxide emission allowances allocated by the department of environmental
conservation on or before March 31, 2017.
  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 transfer to the state university income
fund general revenue  account  (22653),  in  an  amount  not  to  exceed
$15,000,000  for the state fiscal year commencing April 1, 2016 from the
proceeds collected by the authority from the auction or sale  of  carbon
dioxide emission allowances allocated by the department of environmental
conservation, which amount shall be utilized to support the Clean Energy
Workforce Opportunity Program, to expand and develop clean energy educa-
tion  and  workforce  training  programs;  provided  further, that up to
$5,000,000 of such amount shall be available  to  support  Clean  Energy
Workforce  Opportunity  Program  initiatives  at state university of New
York community colleges.
  S 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by  section  21 of part I of chapter 60 of the laws of 2015, 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
[fifteen]  SIXTEEN,  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
[$3,382,279,000] $3,227,844,000, 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 [fifteen] SIXTEEN.

S. 6405--A                         109                        A. 9005--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  2016.  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 2016 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. The opening paragraph of section 2 and section 47 of part  I  of
chapter  60  of  the  laws  of 2015, providing for the administration of
certain funds and accounts related to the 2015-16 budget, are amended to
read as follows:
  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, AND WITH RESPECT TO ITEM 5 UNDER THE MISCELLA-
NEOUS  CATEGORY  SET  FORTH  IN  THIS SECTION, UP TO AND AFTER MARCH 31,
2016, up to the unencumbered balance or the following amounts:
  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] WITH THE EXCEPTION OF ITEM 5 OF THE MISCELLANEOUS CATE-
GORY SET FORTH WITHIN  SECTION  TWO  OF  THIS  ACT,  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.
  S  24. Subdivision 6 of section 4 of the state finance law, as amended
by section 22 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an
account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the
budget shall,  but  not  less  than  three  days  following  preliminary
submission  to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller  an  iden-
tification  of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by  the  director
of  the  budget,  as  soon  as practicable, but not less than three days
following preliminary submission to the chairs  of  the  senate  finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the  credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted  by  the
legislature.
  [The  provisions  of  this  subdivision  shall expire on March thirty-
first, two thousand sixteen.]
  S 25. Subdivision 4 of section 40 of the state finance law, as amended
by section 23 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
  4. Every appropriation made from a fund or account to a department  or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-

S. 6405--A                         110                        A. 9005--A

nications  expenses  and  expenses  for  other centralized services fund
programs without limit. Every appropriation shall also be available  for
the  payment  of  prior  years'  liabilities  other than those indicated
above,  but  only  to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
  [The provisions of this subdivision shall expire  March  thirty-first,
two thousand sixteen.]
  S  26.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
92-cc of the state finance law, as added by chapter 1  of  the  laws  of
2007, is amended to read as follows:
  (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 PRIVATE SECTOR employment, [total] AVER-
AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE  unem-
ployment RATE prepared by the department of labor or its successor agen-
cy,  and  total  sales  tax  [collected  net of law changes] COLLECTIONS
ADJUSTED FOR INFLATION, prepared  by  the  department  of  taxation  and
finance  or  its  successor  agency. Such index shall be [constructed in
accordance with the procedures 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]  CENSUS
BUREAU or its successor agency. If the composite index declines for five
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 notifica-
tion, the director of the budget may  authorize  and  direct  the  comp-
troller  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 consecutive months or
twelve months from the original  notification  of  the  commissioner  of
labor, whichever occurs earlier. Provided, however, that for every addi-
tional and consecutive monthly decline succeeding the five month decline
so noted by the commissioner of labor, the twelve month lapse date shall
be extended by one additional month; or
  S  27.  Paragraph  (a)  of  subdivision 3 of section 93-b of the state
finance law, as added by section 1 of part H of chapter 60 of  the  laws
of 2015, is amended to read as follows:
  (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 PRIVATE SECTOR employment, [total]  AVER-
AGE  WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem-
ployment RATE prepared by the department of labor or its successor agen-
cy, and total sales tax  [collected  net  of  law  changes]  COLLECTIONS
ADJUSTED  FOR  INFLATION,  prepared  by  the  department of taxation and
finance or its successor agency. Such index  shall  be  [constructed  in
accordance  with the procedures 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] CENSUS
BUREAU or its successor agency. If the composite index declines for five

S. 6405--A                         111                        A. 9005--A

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 notifica-
tion,  the  director  of  the  budget may authorize and direct the comp-
troller to transfer from the dedicated infrastructure investment fund to
the general fund such amounts as the director of the budget deems neces-
sary to meet the requirements of the state financial plan. The authority
to transfer funds under the provisions of  this  paragraph  shall  lapse
when  the  composite  index  shall  have  increased for five consecutive
months or twelve months from the original notification  of  the  commis-
sioner  of  labor, whichever occurs earlier. Provided, however, that for
every additional and consecutive monthly  decline  succeeding  the  five
month  decline  so  noted by the commissioner of labor, the twelve month
lapse date shall be extended by one additional month.
  S 28. 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 29. 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 25 of part I of chapter 60 of the laws
of 2015, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  dormitory  authority  and  the corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project costs for the office of information technology services, depart-
ment  of  law,  and  other  state  costs  associated  with  such capital
projects. The aggregate principal  amount  of  bonds  authorized  to  be
issued  pursuant  to  this  section shall not exceed [two] THREE hundred
[sixty-nine] SIXTY-FOUR  million  [one]  EIGHT  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

S. 6405--A                         112                        A. 9005--A

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 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of  1997,  relating  to  the  financing  of  the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  27  of  part I of chapter 60 of the laws of 2015, 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]  FOUR
hundred  [sixty-three]  TWENTY-FOUR million [three] NINE hundred [sixty-
nine] NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000,  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 correctional facilities capital improvement fund to
pay for all or any portion of the amount or amounts paid  by  the  state
from  appropriations  or  reappropriations  made  to  the  department of
corrections and community supervision from the  correctional  facilities
capital  improvement  fund for capital projects. The aggregate amount of
bonds, notes or other obligations authorized to be  issued  pursuant  to
this  section  shall exclude bonds, notes or other obligations issued to
refund or otherwise repay bonds, notes or other obligations  theretofore
issued,  the  proceeds  of  which  were  paid  to the state for all or a
portion of the amounts expended by  the  state  from  appropriations  or
reappropriations  made  to  the  department of corrections and community
supervision; provided, however, that upon any such refunding  or  repay-
ment the total aggregate principal amount of outstanding bonds, notes or
other  obligations  may be greater than seven billion [one] FOUR hundred
[sixty-three] TWENTY-FOUR  million  [three]  NINE  hundred  [sixty-nine]
NINETY-NINE  thousand  dollars  [$7,163,369,000] $7,424,999,000, 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 obligations, which shall be
that   rate  arrived  at  by  doubling  the  semi-annual  interest  rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service
payments on the refunding or repayment bonds, notes or other obligations
from  the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by  the  corporation
including estimated accrued interest from the sale thereof.
  S  31.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 28 of part I of chapter 60 of
the laws of 2015, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage  the  promotion  of  housing

S. 6405--A                         113                        A. 9005--A

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 [three] FOUR billion [one]  SIX
hundred  [fifty-three]  NINETY-SEVEN million [seven] FOUR hundred [nine-
ty-nine] SEVENTY-FOUR 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 partic-
ular 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 32. 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 29 of part I of chapter 60 of the laws of 2015, 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
[$8,658,881,000]  $9,147,234,000  cumulatively by the end of fiscal year
[2015-16] 2016-17.
  S 33. Subdivision 1 of section 1689-i of the public  authorities  law,
as amended by section 30 of part I of chapter 60 of the laws of 2015, 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  [forty]  FIFTY-FOUR
million dollars.
  S  34.  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 31 of
part I of chapter 60 of the laws of 2015, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-

S. 6405--A                         114                        A. 9005--A

opment corporation is hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$155,600,000] $167,600,000, 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  35.  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  32 of part I of chapter 60 of the laws of 2015, 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,
regional infrastructure projects, A COMMERCIALIZATION CENTER IN CHAUTAU-
QUA  COUNTY,  AN  INDUSTRIAL  SCALE RESEARCH AND DEVELOPMENT FACILITY IN
CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE PROJECTS,  MARKET  NEW
YORK  PROJECTS, and other state costs associated with such projects. The
aggregate principal amount of bonds authorized to be issued pursuant  to
this  section  shall  not exceed [two] THREE billion [eight] SIX hundred
[eighty-eight] FIFTY-THREE  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-

S. 6405--A                         115                        A. 9005--A

ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
professional  football  in  western  New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York  genome
center, the cornell university college of veterinary medicine, the olym-
pic  regional  development  authority, a project at nano Utica, onondaga
county revitalization projects, Binghamton university school of  pharma-
cy,  New  York  power  electronics  manufacturing  consortium,  regional
infrastructure projects, A COMMERCIALIZATION CENTER IN CHAUTAUQUA  COUN-
TY,  AN  INDUSTRIAL  SCALE  RESEARCH AND DEVELOPMENT FACILITY IN CLINTON
COUNTY, UPSTATE REVITALIZATION  INITIATIVE  PROJECTS,  MARKET  NEW  YORK
PROJECTS,  and  other  state  costs  associated  with such projects, the
director of the budget is hereby authorized to enter into  one  or  more
service contracts with the dormitory authority and the corporation, none
of  which  shall  exceed  thirty  years in duration, upon such terms and
conditions as the director of the budget and the dormitory authority and
the corporation agree, so  as  to  annually  provide  to  the  dormitory
authority and the corporation, in the aggregate, a sum not to exceed the
principal,  interest,  and  related expenses required for such bonds and
notes. Any service contract entered into pursuant to this section  shall
provide  that  the  obligation  of  the  state to pay the amount therein
provided shall not constitute a debt of the state within the meaning  of
any  constitutional or statutory provision and shall be deemed executory
only to the extent of monies available and that no  liability  shall  be
incurred  by  the  state  beyond  the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned  and  pledged
by the dormitory authority and the corporation as security for its bonds
and notes, as authorized by this section.
  S  36.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 33 of part I of chapter 60 of the laws of 2015, 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] TWO billion [seven  hundred  seventy-five]  EIGHT
million  [seven]  TWO hundred sixty thousand dollars, exclusive of bonds
issued to fund any debt service reserve funds, pay costs of issuance  of
such bonds, and bonds or notes issued to refund or otherwise repay bonds
or  notes  previously  issued.  Such  bonds and notes of the corporation
shall not be a debt of the state, and the  state  shall  not  be  liable
thereon,  nor  shall  they  be payable out of any funds other than those
appropriated by the state  to  the  corporation  for  debt  service  and
related  expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall  contain
on the face thereof a statement to such effect.
  S  37.  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 34 of part I of chapter 60 of the laws
of 2015, 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

S. 6405--A                         116                        A. 9005--A

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
authorized to be issued  pursuant  to  this  section  shall  not  exceed
[$440,000,000]  $550,000,000, 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  38.  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 35 of
part I of chapter 60 of the laws of 2015, 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 [$469,800,000] $509,600,000, 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 39. Subdivision 1 of section 386-b of the public authorities law, as
amended  by  section  36 of part I of chapter 60 of the laws of 2015, 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-

S. 6405--A                         117                        A. 9005--A

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]
TWO billion [six  hundred  ninety]  SEVEN  HUNDRED  TWENTY-FIVE  million
dollars  [$1,690,000,000] $2,725,000,000, 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 authori-
ty, 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 40. Paragraph (c) of subdivision 19 of section 1680  of  the  public
authorities law, as amended by section 37 of part I of chapter 60 of the
laws of 2015, 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  eleven  billion  [two]  SIX hundred [twenty-eight] THREE 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  university  construction
notes previously issued by the housing finance agency; or (2) such bonds
are  issued to refund bonds of the authority or other obligations issued
for state university educational facilities  purposes  and  the  present
value  of  the  aggregate  debt  service on the refunding bonds does not
exceed the present value of the 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

S. 6405--A                         118                        A. 9005--A

other  agreement  relating  thereto;  provided  that  no note, including
renewals thereof, shall mature later than five years after the  date  of
issuance  of  such  note. The legislature reserves the right to amend or
repeal  such  limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university  construction
fund are prohibited from covenanting or making any other agreements with
or  for  the  benefit  of bondholders which might in any way affect such
right.
  S 41. Paragraph (c) of subdivision 14 of section 1680  of  the  public
authorities law, as amended by section 38 of part I of chapter 60 of the
laws of 2015, 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  [three]  FIVE  hundred
[ninety-two]  FORTY-EIGHT  million  [seven]  FOUR  hundred [fifty-three]
ELEVEN thousand dollars. The legislature reserves the right to amend  or
repeal  such  limit, and the state of New York, the dormitory authority,
the city university, and the fund are  prohibited  from  covenanting  or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
  S  42. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 39 of part I of chapter 60 of the laws of 2015, 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 eight hundred [thir-
ty-eight] SIXTY-ONE million four hundred [fifty-eight] FIFTY-FOUR  thou-
sand  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 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating  to  the  financing  of  the  correctional  facilities

S. 6405--A                         119                        A. 9005--A

improvement  fund and the youth facility improvement fund, as amended by
section 41 of part I of chapter 60 of the laws of 2015,  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 six hundred [eleven] FORTY-SEV-
EN   million   [two   hundred   fifteen]   SIXTY-FIVE  thousand  dollars
[($611,215,000)]  ($647,065,000),  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  six  hundred  [eleven]
FORTY-SEVEN  million  [two  hundred fifteen] SIXTY-FIVE thousand dollars
[($611,215,000)] ($647,065,000), only if the present value of the aggre-
gate debt service of the refunding or repayment bonds,  notes  or  other
obligations  to  be  issued  shall  not  exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds received by  the  corporation  including  estimated
accrued interest from the sale thereof.
  S  44.  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 42 of  part  I
of chapter 60 of the laws of 2015, 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

S. 6405--A                         120                        A. 9005--A

successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of  mental  health  services  facilities pursuant to paragraph a of this
subdivision,  the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for  such
purposes,  the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or  the  costs  of  any  financial
mechanisms  which  may  be used to reduce the debt service that would be
payable by the agency on its mental health services facilities  improve-
ment  bonds  and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the  facilities  development
corporation,  or  any  successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not  issue
mental  health  services  facilities improvement bonds and mental health
services facilities improvement notes in an aggregate  principal  amount
exceeding  [seven]  EIGHT  billion [seven hundred twenty-two] TWENTY-ONE
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] EIGHT  billion  [seven  hundred  twenty-two]
TWENTY-ONE  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-

S. 6405--A                         121                        A. 9005--A

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-
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 45. 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 43 of part I of  chapter  60  of  the
laws of 2015, 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  [210]  240
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 [210] 240 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 46. Notwithstanding any other provision of law to the contrary, from
the  taxes,  interest and penalties collected or received by the commis-
sioner of taxation and finance in respect of the tax imposed by the city
of New York pursuant to the authority of section  1210,  1211,  1212  or
1212-A  of the tax law,the comptroller shall pay, as directed in writing
by the director of the budget, the sum of $16,666,667 on or  before  the
twelfth  day  of  each  month  from  such  taxes, penalties and interest
collected or received by such commissioner during the previous month  to
(i) any issuers of state-related debt for the purposes of paying princi-
pal,  interest, and related expenses, or for retiring or defeasing bonds
previously issued, including any  accrued  interest  or  other  expenses
related  thereto,  for any state-related bonding program or programs, or
to (ii) a governmental fund or funds of the state  treasury.  The  comp-
troller shall make the first payment to issuers of state-related debt or
the  government  funds  on  the twelfth day of May, 2016 from the taxes,
penalties and interest collected or received during April 2016  and  the
last payment on or before the twelfth day of April, 2019 from the taxes,
penalties   and  interest  collected  or  received  during  March  2019.
Provided,  however,  that  in  no  event  shall  such  payments   exceed
$200,000,000  in  any  state fiscal year; and provided further that such
payments shall not reduce the  reasonable  costs  of  such  commissioner
under paragraph (b) of section 1261 of the tax law.

S. 6405--A                         122                        A. 9005--A

  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, 2016; provided,
however, with the exception of item 5 of the miscellaneous category  set
forth  within  section  two of this act:  (a) the provisions of sections
one  through eight, and sections twelve through twenty of this act shall
expire March 31, 2017, when  upon  such  date  the  provisions  of  such
sections  shall  be  deemed  repealed; and (b) the provisions of section
forty-six of this act shall expire upon the last  payment  made  by  the
comptroller  pursuant  to  section  forty-six of this act when upon such
date the provisions of such section shall be deemed  repealed;  provided
that  the  state  comptroller shall notify the legislative bill drafting
commission upon the occurrence of  the  last  payment  provided  for  in
section  forty-six of this act in order that the commission may maintain
an accurate and timely effective database of the official  text  of  the
laws  of  the  state  of  New  York  in  furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

                                 PART O

  Section  1.  Paragraph  1  of  subdivision  2-a of section 19-a of the
public lands law, as amended by section 1 of part T of chapter 55 of the
laws of 2013, is amended to read as follows:
  (1) Notwithstanding any provision of this section to the contrary,  in
addition  to state aid otherwise payable pursuant to this section, there
shall be payable to any city located in a county in which there has been
constructed a state office  building  project  in  accordance  with  the
provisions  of  chapter  one  hundred  fifty-two of the laws of nineteen
hundred sixty-four, as amended, and pursuant to  an  agreement  entitled
the  "South  Mall  contract" dated May eleventh, nineteen hundred sixty-
five, state aid in accordance with the following schedule:
               State Fiscal Year
                                   Amount

               2000-2001           $4,500,000
               2001-2002           $4,500,000
               2002-2003           $4,500,000
               2003-2004           $9,850,000
               2004-2005           $16,850,000
               2005-2006           $22,850,000
               2006-2007           $22,850,000
               2007-2008           $22,850,000
               2008-2009           $22,850,000
               2009-2010           $22,850,000
               2010-2011           $22,850,000
               2011-2012           $15,000,000
               2012-2013           $22,850,000
               2013-2014           $22,850,000
               2014-2015           $15,000,000
               2015-2016           $15,000,000
               2016-2017           [$15,000,000] $27,500,000
               2017-2018           $15,000,000
               2018-2019           $15,000,000
               2019-2020           $15,000,000
               2020-2021           $15,000,000
               2021-2022           $15,000,000

S. 6405--A                         123                        A. 9005--A

               2022-2023           $15,000,000
               2023-2024           $15,000,000
               2024-2025           $15,000,000
               2025-2026           $15,000,000
               2026-2027           $15,000,000
               2027-2028           $15,000,000
               2028-2029           $15,000,000
               2029-2030           $15,000,000
               2030-2031           $15,000,000
               2031-2032           [$7,150,000] $1,800,000
               [2032-2033          $7,150,000]
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART P

  Section 1. Subdivision 1 of section 483-a of  the  real  property  tax
law,  as  amended by chapter 272 of the laws of 2013, is amended to read
as follows:
  1. [Structures] THE FOLLOWING STRUCTURES permanently affixed to  agri-
cultural  land  SHALL BE EXEMPT FROM TAXATION, SPECIAL AD VALOREM LEVIES
AND SPECIAL ASSESSMENTS: (A) STRUCTURES for the  purpose  of  preserving
and  storing  forage  in  edible  condition; (B) farm feed grain storage
bins; (C) commodity sheds; (D) BULK MILK TANKS AND COOLERS USED TO  HOLD
MILK  AWAITING  SHIPMENT TO MARKET; AND (E) manure storage, handling and
treatment facilities, including composting [or anaerobic  digestion]  of
agricultural  materials,  such  as  livestock manure and farming wastes,
food residuals or other organic wastes associated with  food  production
or consumption with at least fifty percent by weight of its feedstock on
an  annual  basis being livestock manure, farming wastes and crops grown
specifically for use as [anaerobic digestion  or]  composting  feedstock
[and  including  any  equipment  necessary  to the process of producing,
collecting, storing, cleaning and converting biogas into forms of energy
and transporting biogas or energy on-site; and bulk milk tanks and cool-
ers used to hold milk awaiting shipment to market shall be  exempt  from
taxation,  special  ad  valorem  levies and special assessments].  "Food
residuals" means organic material, including, but not limited  to,  food
scraps,  food  processing  residue,  and  related soiled or unrecyclable
paper used in food packaging, preparation or cleanup.
  S 2. The real property tax law is amended  by  adding  a  new  section
483-e to read as follows:
  S  483-E.  ANAEROBIC  DIGESTION  FACILITIES. 1. STRUCTURES PERMANENTLY
AFFIXED TO LAND FOR THE PURPOSE OF ANAEROBIC DIGESTION  OF  AGRICULTURAL
MATERIALS,  INCLUDING  STRUCTURES NECESSARY FOR THE STORAGE AND HANDLING
OF THE AGRICULTURAL MATERIALS THAT ARE PART OF  THE  DIGESTION  PROCESS,
TOGETHER  WITH  ANY EQUIPMENT NECESSARY FOR PRODUCING, COLLECTING, STOR-
ING, CLEANING AND CONVERTING BIOGAS INTO FORMS OF ENERGY AND GENERATION,
TRANSMISSION, TRANSPORTING, USE OF AND/OR THE SALE OF BIOGAS  OR  ENERGY
ON-SITE,  OFF-SITE, AND/OR PURSUANT TO AN INTERCONNECTION AGREEMENT WITH
A UTILITY; SHALL BE EXEMPT FROM TAXATION, SPECIAL AD VALOREM LEVIES  AND
SPECIAL  ASSESSMENTS.  "AGRICULTURAL  MATERIALS"  INCLUDES,  BUT  IS NOT
LIMITED TO, LIVESTOCK MANURE, FARMING  WASTES  AND  FOOD  RESIDUALS  AND
OTHER ORGANIC WASTES ASSOCIATED WITH FOOD PRODUCTION OR CONSUMPTION WITH
AT  LEAST  FIFTY  PERCENT  BY WEIGHT OF ITS FEEDSTOCK ON AN ANNUAL BASIS
BEING LIVESTOCK MANURE, FARMING WASTES AND CROPS GROWN SPECIFICALLY  FOR
USE  AS  ANAEROBIC DIGESTION FEEDSTOCK.   "FOOD RESIDUALS" MEANS ORGANIC

S. 6405--A                         124                        A. 9005--A

MATERIAL, INCLUDING, BUT NOT LIMITED TO, FOOD  SCRAPS,  FOOD  PROCESSING
RESIDUE,  AND  RELATED SOILED OR UNRECYCLABLE PAPER USED IN FOOD PACKAG-
ING, PREPARATION OR CLEANUP.
  2.  THE  EXEMPTION  PROVIDED  BY SUBDIVISION ONE OF THIS SECTION SHALL
ONLY BE GRANTED UPON THE APPLICATION OF THE OWNER OF THE  PROPERTY  UPON
WHICH  SUCH  STRUCTURES  ARE  LOCATED, ON A FORM TO BE PRESCRIBED BY THE
COMMISSIONER. SUCH APPLICATION SHALL BE FILED ON OR BEFORE THE APPROPRI-
ATE TAXABLE STATUS DATE WITH THE ASSESSOR OF THE MUNICIPALITY HAVING THE
POWER TO ASSESS REAL PROPERTY. ONCE AN EXEMPTION IS GRANTED, NO  RENEWAL
THEREOF SHALL BE NECESSARY.
  S  3.  Subdivision  2  of section 487 of the real property tax law, as
amended by chapter 515 of the laws  of  2002,  is  amended  to  read  as
follows:
  2.  Real property which includes a solar or wind energy system or farm
waste energy system approved in accordance with the provisions  of  this
section  shall  be exempt from taxation to the extent of any increase in
the value thereof by reason of the inclusion of such solar or wind ener-
gy system or farm waste energy system for a  period  of  fifteen  years.
When  a  solar or wind energy system or components thereof or farm waste
energy system also serve as part of the building structure, the increase
in value which shall be exempt from  taxation  shall  be  equal  to  the
assessed  value  attributable to such system or components multiplied by
the ratio of the incremental cost of such system or  components  to  the
total  cost of such system or components. THE EXEMPTION PROVIDED BY THIS
SECTION IS INAPPLICABLE TO ANY STRUCTURE THAT SATISFIES THE REQUIREMENTS
FOR EXEMPTION UNDER SECTION FOUR HUNDRED EIGHTY-THREE-E OF THIS TITLE.
  S 4. This act shall take effect immediately and shall apply to assess-
ment rolls based on taxable status dates occurring on and after March 1,
2013; provided, that an  application  for  the  exemption  on  the  2013
assessment  roll  shall be considered timely if filed on or before March
1, 2017; and provided further, that in the event such application should
be denied, administrative and judicial review shall be available in  the
same manner and to the same extent as if the application had been for an
exemption  on  the  2017  assessment  roll;  provided, however, that the
amendments made by section three of this act  shall  not  apply  to  any
exemption  from taxation for a farm waste energy system that was granted
pursuant to real property tax  law  section  four  hundred  eighty-seven
prior to such effective date.
  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 P of this act shall be
as specifically set forth in the last section of such Parts.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6405--B

                            I N  S E N A T E

                            January 14, 2016
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read twice and ordered printed, and  when  printed
  to  be  committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT intentionally omitted (Part A); intentionally omitted  (Part  B);
  to amend the tax law, in relation to suspending the transfer of monies
  into the emergency services revolving loan fund from the public safety
  communications  account  (Part  C);  to  amend  the  executive law, in
  relation to establishing the bureau of criminal  investigation  (BCI),
  the bureau of counterterrorism and intelligence (BCTI), and the bureau
  of  cyber  security  (BCS)  under  the  division  of  state police, in
  relation to salary schedules of individuals in  the  new  bureaus,  in
  relation  to  appointment  of  individuals  to bureaus (Subpart A); to
  amend the executive law, in relation to the office  of  counterterror-
  ism,  intelligence and cyber security (Subpart B); to amend the execu-
  tive law, the correction law, the penal law,  and  the  state  finance
  law,  in relation to the establishment of the New York state terrorist
  registry (Subpart C); to amend the executive law,  in  relation  to  a
  cyber  security  report  (Subpart  D);  to amend the executive law, in
  relation to a cyber security initiative  (Subpart  E);  to  amend  the
  penal  law  and  the state technology law, in relation to the personal
  information protection act (Subpart F); to amend the  Iran  divestment
  act  of  2012,  the  state finance law, and chapter 481 of the laws of
  2013 amending the insurance law relating  to  investments  in  foreign
  states  sponsoring  terrorism,  in relation to the divestment of Iran;
  and to repeal certain provisions of the insurance law relating thereto
  (Subpart G); Intentionally omitted (Subpart H); and to amend the exec-
  utive law and the general municipal law, in relation to  creating  the
  NY Cares Act (Subpart I); and relating to the transfer of state police
  civilian  personnel  (Subpart  J)(Part D); to amend chapter 268 of the
  laws of 1996, amending the education law and  the  state  finance  law
  relating  to  providing  a recruitment incentive and retention program
  for certain active members of the New York army  national  guard,  New
  York  air  national  guard, and New York naval militia, in relation to
  the effectiveness of such chapter (Part E); to amend chapter 83 of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12670-04-6

S. 6405--B                          2

  laws of 1995 amending the state finance law and other laws relating to
  bonds,  notes,  and  revenues,  in  relation  to   extending   certain
  provisions  thereof; and to amend chapter 1 of the laws of 2005 amend-
  ing  the  state  finance  law  relating to restricting contacts in the
  procurement process and the recording of contacts relating thereto, in
  relation to extending certain  provisions  thereof  (Part  F);  inten-
  tionally  omitted (Part G); to amend the workers' compensation law and
  the insurance law, in relation to provide paid family leave  benefits;
  and  to  repeal sections 223 and 224 of the workers' compensation law,
  relating to disability benefits (Part H); intentionally omitted  (Part
  I); intentionally omitted (Part J); intentionally omitted (Part K); to
  amend  the  civil service law, in relation to the expiration of public
  arbitration panels (Part L);  to  amend  the  state  finance  law,  in
  relation  to  the  dedicated  infrastructure investment fund (Part M);
  intentionally omitted (Part N); intentionally omitted (Part O); inten-
  tionally omitted (Part P); to amend the retirement and social security
  law, in relation to providing credit to members of  public  retirement
  systems of the state for military service; and making an appropriation
  therefor  (Part Q); to amend the correction law, in relation to parole
  violators (Part R); to amend the correction law, in relation to duties
  of certain parole officers (Part  S);  to  amend  the  penal  law,  in
  relation  to  authorizing the sale and possession of sparkling devices
  outside of cities with a population of one million or more  (Part  T);
  to  amend  the  penal  law,  in relation to assault on a member of the
  military or reserves and to murder in the first degree  (Part  U);  to
  amend  the penal law and the correction law, in relation to establish-
  ing "Brittany's law" (Part V); to amend the penal law, in relation  to
  establishing the crimes of failure to register or verify as a domestic
  abuse  offender  in  the  first  and  second  degrees;  to  amend  the
  correction law, in relation to enacting  "Danielle  DiMedici,  Jessica
  Tush and Brittany Passalacqua's Law"; and to amend the criminal proce-
  dure  law, in relation to domestic abuse offenders (Part W); to direct
  the commissioner of general  services  and  the  commissioner  of  the
  office  for people with developmental disabilities to study and report
  on the most appropriate uses of the  J.N.  Adam  developmental  center
  (Part  X);  authorizing the commissioner of general services to convey
  real property at the St. Lawrence psychiatric center to  the  city  of
  Ogdensburg (Part Y); to amend the volunteer firefighters' benefit law,
  in  relation  to  the  expansion  of coverage to include cancer of the
  digestive, hematological, lymphatic, urinary, prostate,  neurological,
  breast  and reproductive systems; and providing for the repeal of such
  provisions upon expiration thereof (Part Z); to  amend  the  volunteer
  firefighters'  benefit  law,  in  relation  to the payment of benefits
  (Part AA); to amend the local finance law, in  relation  to  refunding
  bonds  issued by a municipality authorized to create a community pres-
  ervation fund (Part BB); to amend the state finance law,  in  relation
  to the sharing of revenue from gaming devices located within the coun-
  ty  of  Niagara; and to amend chapter 747 of the laws of 2006 amending
  the state finance law, relating to the  tribal-state  compact  revenue
  account, in relation to extending the effectiveness thereof (Part CC);
  to  amend the workers' compensation law, in relation to benefits paya-
  ble from the uninsured employers' fund to volunteers who  participated
  in  the World Trade Center rescue (Part DD); to amend the banking law,
  in relation to community reinvestment evaluations (Part EE); to  amend
  the  banking  law, in relation to examinations (Part FF); to amend the
  banking law, in relation to deposits under the community bank  deposit

S. 6405--B                          3

  program  (Part GG); to amend the banking law, in relation to community
  bank service corporations (Part HH); to amend  the  general  municipal
  law, in relation to creating a state-wide, uniform, minimum accidental
  disability  benefit  of three-quarters of final average salary for all
  police officers (Part II); and to amend the administrative code of the
  city of New York and  the  retirement  and  social  security  law,  in
  relation  to  the  disability benefits of members of the New York city
  fire pension funds and  the  disability  benefits  of  sanitation  and
  correction  members  and uniformed court officers of the New York city
  employees' retirement system (Part JJ)

  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 2016-2017
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through JJ. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

                          Intentionally Omitted

                                 PART B

                          Intentionally Omitted

                                 PART C

  Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
law,  as  amended  by  section  1 of part D of chapter 55 of the laws of
2014, is amended to read as follows:
  (b) The sum of one million  five  hundred  thousand  dollars  must  be
deposited into the New York state emergency services revolving loan fund
annually;  provided,  however, that such sums shall not be deposited for
state fiscal years two thousand eleven--two thousand twelve,  two  thou-
sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
fifteen [and], two thousand fifteen--two thousand sixteen, TWO  THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
  S 2. This act shall take effect immediately.

                                 PART D

  Section 1. This act enacts into law major components of legislation in
relation to homeland security. Each component is wholly contained within
a  Subpart  identified  as  Subparts A through J. The effective date for
each particular provision contained within such Subpart is set forth  in

S. 6405--B                          4

the last section of such Subpart. Any provision in any section contained
within  a  Subpart,  including  the effective date of the Subpart, 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 Subpart in which it is found. Section three
of this act sets forth the general effective date of this act.

                                SUBPART A

  Section 1. Section 210 of the executive law is amended by adding a new
closing paragraph to read as follows:
  IN  ADDITION  TO ALL OTHER OPERATIONS AND FUNCTIONS OF THE DIVISION OF
STATE POLICE, IT SHALL ALSO CONTAIN THREE BUREAUS  TO  ADDRESS  SPECIFIC
OPERATIONS  AND  FUNCTIONS  WITHIN  THE  STATE OF NEW YORK. SUCH BUREAUS
SHALL INCLUDE, THE BUREAU OF CRIMINAL INVESTIGATION (BCI), THE BUREAU OF
COUNTERTERRORISM AND INTELLIGENCE (BCTI), AND THE BUREAU OF CYBER  SECU-
RITY (BCS).
  S  2.  Subparagraphs  6,  7  and  9 of paragraph a of subdivision 1 of
section 215 of the executive law, as amended by chapter 21 of  the  laws
of 1996, are amended to read as follows:
  (6)  [one  counsel] THREE DEPUTY SUPERINTENDENT BUREAU COMMANDERS, ONE
OF WHOM SHALL BE ASSIGNED TO THE BUREAU OF CRIMINAL  INVESTIGATION,  ONE
OF WHOM SHALL BE ASSIGNED TO THE BUREAU OF COUNTERTERRORISM AND INTELLI-
GENCE,  AND  ONE  OF  WHOM  SHALL  BE  ASSIGNED  TO  THE BUREAU OF CYBER
SECURITY;
  (7) [seven] SIX assistant deputy superintendents, one of whom shall be
assigned to the uniform force, [one to the bureau of  criminal  investi-
gation,]  two  for  administrative services, one for employee relations,
training and human resources, and two who shall serve  as  deputy  chief
inspectors;
  (9)  ONE  COUNSEL,  AND one first assistant counsel and such assistant
counsels and staff attorneys as the [superintendant] SUPERINTENDENT  may
appoint;
  S  3. Subparagraph 1 of paragraph b of subdivision 1 of section 215 of
the executive law, as amended by chapter 21 of  the  laws  of  1996,  is
amended to read as follows:
  (1)  [one  major]  FOUR  MAJORS,  NOT  LESS  THAN ONE OF EACH SHALL BE
ASSIGNED TO EACH OF THE BUREAUS OF THE STATE POLICE;
  S 4. The opening paragraph of paragraph a of subdivision 2 of  section
215 of the executive law, as added by chapter 69 of the laws of 2009, is
amended to read as follows:
  Salary  schedules  for  the  titles  of  trooper,  sergeant, technical
sergeant,  station  commander,  zone  sergeant,  first  sergeant,  staff
sergeant,  chief  technical  sergeant, lieutenant, technical lieutenant,
lieutenant BCI, LIEUTENANT BCTI, LIEUTENANT BCS, captain,  captain  BCI,
CAPTAIN  BCTI,  CAPTAIN BCS, and major, MAJOR BCI, MAJOR BCTI, AND MAJOR
BCS:
  S 5. Subparagraphs 7 and 8 of paragraph a of subdivision 2 of  section
215  of  the executive law, as added by chapter 235 of the laws of 2015,
are amended to read as follows:
  (7) Effective April  first,  two  thousand  sixteen,  members  of  the
collective  negotiating  unit consisting of commissioned and non-commis-
sioned officers in the division of state police shall  receive  a  basic
annual salary pursuant to the following schedule:
              Orange,         City of New     Nassau and       All Other
              Putnam and      York, Rockland  Suffolk          Locations

S. 6405--B                          5

              Dutchess        and Westchester Counties
              Counties        Counties
Sergeant and
Technical
Sergeant      $105,650        $106,776        $107,071         $105,441
Station
Commander     $109,064        $110,190        $110,485         $108,857
Zone
Sergeant      $110,806        $111,927        $112,222         $110,596
First,
Staff
and
Chief T/
Sgt           $116,506        $117,629        $117,924         $116,296
Lieutenant
and
Technical
Lieutenant    $126,258        $127,381        $127,676         $126,050
Lieutenant
BCI
LIEUTENANT
BCTI AND
LIEUTENANT    $128,731        $129,855        $130,150         $128,520
BCS
Captain       $134,650        $135,774        $136,072         $134,441
Captain BCI
CAPTAIN BCTI
AND CAPTAIN
BCS           $137,161        $138,282        $138,578         $136,949
Major         $143,475        $144,599        $144,894         $143,264
MAJOR BCI
MAJOR BCTI
AND MAJOR     $146,475        $147,599        $147,894         $146,264
BCS
  (8)  Effective  April  first,  two  thousand seventeen, members of the
collective negotiating unit consisting of commissioned  and  non-commis-
sioned  officers  in  the division of state police shall receive a basic
annual salary pursuant to the following schedule:
              Orange,         City of New     Nassau and       All Other
              Putnam and      York, Rockland  Suffolk          Locations
              Dutchess        and Westchester Counties
              Counties        Counties
Sergeant and
Technical
Sergeant      $107,235        $108,378        $108,677         $107,023
Station
Commander     $110,700        $111,843        $112,142         $110,490
Zone
Sergeant      $112,468        $113,606        $113,905         $112,255
First,
Staff
and
Chief T/
Sgt           $118,254        $119,393        $119,693         $118,040
Lieutenant
and

S. 6405--B                          6

Technical
Lieutenant    $128,152        $129,292        $129,591         $127,941
Lieutenant
BCI
LIEUTENANT
BCTI AND
LIEUTENANT
BCS           $130,662        $131,803        $132,102         $130,448
Captain       $136,670        $137,811        $138,113         $136,458
Captain BCI
CAPTAIN
BCTI AND
CAPTAIN
BCS           $139,218        $140,356        $140,657         $139,003
Major         $145,627        $146,768        $147,067         $145,413
MAJOR BCI
MAJOR BCTI
AND MAJOR BCS $148,627        $149,768        $150,067         $148,413
  S  6. Subdivision 3 of section 215 of the executive law, as amended by
chapter 478 of the laws of 2004, is amended to read as follows:
  3. The sworn members of the New York state police shall  be  appointed
by  the  superintendent  and  permanent appointees may be removed by the
superintendent only after a hearing. No person shall be appointed to the
New York state police force as a sworn member unless he or she shall  be
a citizen of the United States, between the ages of twenty-one and twen-
ty-nine  years except that in the superintendent's discretion, the maxi-
mum age may be extended to thirty-five years. Notwithstanding any  other
provision  of law or any general or special law to the contrary the time
spent on military duty, not exceeding a total of  six  years,  shall  be
subtracted from the age of any applicant who has passed his or her twen-
ty-ninth birthday, solely for the purpose of permitting qualification as
to  age  and  for  no  other purpose. Such limitations as to age however
shall not apply to persons appointed to the positions of counsel,  first
assistant  counsel,  assistant counsel, and assistant deputy superinten-
dent for employee relations nor to any person appointed to the bureau of
criminal investigation, THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE,
OR THE BUREAU OF CYBER SECURITY, pursuant to section two hundred sixteen
of this article nor shall any person be appointed unless he or  she  has
fitness  and  good  moral character and shall have passed a physical and
mental examination based upon standards provided by the rules and  regu-
lations  of  the superintendent. Appointments shall be made for a proba-
tionary period which, in the case of appointees required to  attend  and
complete  a  basic  training  program at the state police academy, shall
include such time spent attending the basic  school  and  terminate  one
year  after successful completion thereof. All other sworn members shall
be subject to a probationary  period  of  one  year  from  the  date  of
appointment. Following satisfactory completion of the probationary peri-
od  the  member shall be a permanent appointee. Voluntary resignation or
withdrawal from the New York state police during such appointment  shall
be  submitted to the superintendent for approval.  Reasonable time shall
be required to account for all equipment issued or for  debts  or  obli-
gations to the state to be satisfied. Resignation or withdrawal from the
division  during a time of emergency, so declared by the governor, shall
not be approved if contrary to the best interest of the state and  shall
be a misdemeanor. No sworn member removed from the New York state police
shall be eligible for reappointment. The superintendent shall make rules

S. 6405--B                          7

and  regulations  subject to approval by the governor for the discipline
and control of the New York state police and  for  the  examination  and
qualifications of applicants for appointment as members thereto and such
examinations  shall  be held and conducted by the superintendent subject
to such rules and  regulations.  The  superintendent  is  authorized  to
charge  a  fee  of  twenty  dollars as an application fee for any person
applying to take a competitive examination for the position of  trooper,
and a fee of five dollars for any competitive examination for a civilian
position. The superintendent shall promulgate regulations subject to the
approval  of  the director of the budget, to provide for a waiver of the
application fee when the fee would cause an unreasonable hardship on the
applicant and to establish a fee schedule and charge fees for the use of
state police facilities.
  S 7. Section 216 of the executive law, as amended by  chapter  128  of
the  laws  of 1968, subdivision 2 as added by chapter 335 of the laws of
1969 and paragraph (a) of subdivision 2 as added by chapter  70  of  the
laws of 2009, is amended to read as follows:
  S 216. [Bureau of criminal investigation] BUREAUS OF THE STATE POLICE.
1.   THE DIVISION OF STATE POLICE SHALL CONTAIN THREE BUREAUS TO ADDRESS
SPECIFIC OPERATIONS AND FUNCTIONS WITHIN THE STATE  OF  NEW  YORK.  SUCH
BUREAUS  SHALL  INCLUDE, THE BUREAU OF CRIMINAL INVESTIGATION (BCI), THE
BUREAU OF COUNTERTERRORISM AND INTELLIGENCE (BCTI), AND  THE  BUREAU  OF
CYBER SECURITY (BCS).
  2. BUREAU OF CRIMINAL INVESTIGATION. A. ESTABLISHMENT. The superinten-
dent  [may]  SHALL  ESTABLISH  AND  continue,  within the New York state
police, a bureau of criminal investigation and assign to it  members  of
the  New York state police in such numbers and appoint to it such inves-
tigative specialists, AND SUCH OTHER EMPLOYEES in such numbers as may be
required for the purpose of [preventing,  investigating  and  detecting]
SUCH BUREAU.
  B. PURPOSE. IT SHALL BE THE PURPOSE OF THE BUREAU OF CRIMINAL INVESTI-
GATION  TO  PREVENT,  INVESTIGATE  AND DETECT violations of the criminal
laws of the state, and [conducting] TO CONDUCT such other investigations
as may be DIRECTED BY THE SUPERINTENDENT, OR AS MAY BE provided  for  by
law.
  C.  CLASSIFICATION  AND  APPOINTMENT.  Members  of  the New York state
police assigned to the bureau of  criminal  investigation  and  investi-
gative  specialists  appointed to the bureau by the superintendent shall
be classified as [(a)] (I) investigators;  [(b)]  (II)  senior  investi-
gators;  [(c)]  (III)  lieutenants;  [(d)]  (IV)  captains;  (V) MAJORS;
provided, however,  that  investigative  specialists  appointed  to  the
bureau  of  criminal  investigation may be appointed as investigators or
senior investigators at salaries to be determined by the  superintendent
with  the  approval  of the director of the budget within the range from
minimum to maximum provided for in this section  for  the  positions  to
which  appointments are made. Investigative specialists appointed to the
bureau of criminal investigation shall be deemed to be  members  of  the
New York state police upon the filing by them of the constitutional oath
of  office,  but shall not be eligible for transfer to the uniform force
unless otherwise qualified under section two  hundred  fifteen  of  this
article.
  D.  CIVILIAN APPOINTMENTS. The superintendent may employ, from time to
time, within the appropriation, such skilled experts, scientists,  tech-
nicians  or  other  specially qualified persons as he deems necessary to
aid the bureau OF CRIMINAL INVESTIGATION and the New York  state  police
TO  FULFILL  THE  PURPOSE  OF  THIS SUBDIVISION, AND/OR in preventing or

S. 6405--B                          8

detecting crime, apprehending criminals,  or  preparing  and  presenting
evidence of violations of the criminal laws of the state.
  E.  ASSIGNMENT  OF  BUREAU  PERSONNEL. Upon request of the head of any
state department, or of any police agency or of  any  district  attorney
within  the  state,  the  superintendent  may  assign to such requesting
authority  members  of  the  state  police,  OR  CIVILIAN  APPOINTMENTS,
attached to the bureau of criminal investigation in such numbers and for
such  periods of time as he may deem necessary for the purpose of inves-
tigating and detecting felonies committed within the state.  Members  of
the state police, OR CIVILIAN APPOINTMENTS, assigned or appointed to the
bureau of criminal investigation are empowered to cooperate with depart-
ments of the United States government in the investigation of violations
of the federal laws of the grade of felony within this state.
  F. OFFICES OF THE BUREAU OF CRIMINAL INVESTIGATION. The superintendent
may,  from  time  to  time,  establish  headquarters or stations in such
localities of the state as he shall deem most suitable for the efficient
operation of the bureau of criminal investigation.
  [2. a.] G. Salary schedules for investigators,  senior  investigators,
and investigative specialists in the division of state police.
  (1) Effective April first, two thousand seven, members assigned to the
bureau of criminal investigation and investigative specialists appointed
to the bureau by the superintendent, shall receive a basic annual salary
pursuant to the following schedule:
                                          Senior
                                          Investigator   Investigator
Nassau and Suffolk                        $82,698        $86,898
New York City, Rockland, Westchester      $82,444        $86,646
Orange, Putnam, Dutchess                  $81,479        $85,680
All other locations                       $81,300        $85,500
  (2) Effective April first, two thousand eight, members assigned to the
bureau of criminal investigation and investigative specialists appointed
to the bureau by the superintendent, shall receive a basic annual salary
pursuant to the following schedule:
                                          Senior
                                          Investigator   Investigator
Nassau and Suffolk                        $85,179        $89,505
New York City, Rockland, Westchester      $84,917        $89,245
Orange, Putnam, Dutchess                  $83,923        $88,250
All other locations                       $83,739        $88,065
  (3)  Effective April first, two thousand nine, members assigned to the
bureau of criminal investigation and investigative specialists appointed
to the bureau by the superintendent, shall receive a basic annual salary
pursuant to the following schedule:
                                          Senior
                                          Investigator   Investigator
Nassau and Suffolk                        $87,734        $92,190
New York City, Rockland, Westchester      $87,465        $91,922
Orange, Putnam, Dutchess                  $86,441        $90,898
All other locations                       $86,251        $90,707
  (4) Effective April first, two thousand ten, members assigned  to  the
bureau of criminal investigation and investigative specialists appointed
to the bureau by the superintendent, shall receive a basic annual salary
pursuant to the following schedule:
                                          Senior
                                          Investigator   Investigator
Nassau and Suffolk                        $91,243        $95,878

S. 6405--B                          9

New York City, Rockland, Westchester      $90,964        $95,599
Orange, Putnam, Dutchess                  $89,899        $94,534
All other locations                       $89,701        $94,335
  (5)   Effective  March  thirty-first,  two  thousand  eleven,  members
assigned to the  bureau  of  criminal  investigation  and  investigative
specialists appointed to the bureau by the superintendent, shall receive
a basic annual salary pursuant to the following schedule:
                                          Senior
                                          Investigator   Investigator
Nassau and Suffolk                        $106,157       $95,878
New York City, Rockland, Westchester      $105,878       $95,599
Orange, Putnam, Dutchess                  $104,813       $94,534
All other locations                       $104,615       $94,335
  3. BUREAU OF COUNTERTERRORISM AND INTELLIGENCE. A. ESTABLISHMENT.  THE
SUPERINTENDENT  SHALL  ESTABLISH AND CONTINUE, WITHIN THE NEW YORK STATE
POLICE, A BUREAU OF COUNTERTERRORISM AND INTELLIGENCE AND ASSIGN  TO  IT
MEMBERS  OF  THE NEW YORK STATE POLICE IN SUCH NUMBERS AND APPOINT TO IT
SUCH COUNTERTERRORISM AND INTELLIGENCE SPECIALISTS, AND OTHER  EMPLOYEES
IN SUCH NUMBERS AS MAY BE REQUIRED FOR THE PURPOSE OF SUCH BUREAU.
  B.  PURPOSE. IT SHALL BE THE PURPOSE OF THE BUREAU OF COUNTERTERRORISM
AND INTELLIGENCE TO COLLECT, ANALYZE AND SHARE INFORMATION  RELATING  TO
TERRORIST  THREATS, TERRORIST ACTIVITIES, AND TERRORIST ATTACKS THROUGH-
OUT THE STATE, AND  TO  CONDUCT  INVESTIGATIONS  NECESSARY  TO  PREVENT,
INVESTIGATE,  DETECT  AND RESPOND TO TERRORIST THREATS, TERRORIST ACTIV-
ITIES, AND TERRORIST ATTACKS THROUGHOUT THE  STATE,  TOGETHER  WITH  THE
CONDUCT  OF  SUCH  OTHER INVESTIGATIONS AS MAY BE DIRECTED BY THE SUPER-
INTENDENT, OR AS MAY BE PROVIDED FOR BY LAW.
  C. CLASSIFICATION AND APPOINTMENT.  MEMBERS  OF  THE  NEW  YORK  STATE
POLICE  ASSIGNED TO THE BUREAU OF CRIMINAL COUNTERTERRORISM AND INTELLI-
GENCE, AND INTELLIGENCE SPECIALISTS  APPOINTED  TO  THE  BUREAU  BY  THE
SUPERINTENDENT,  SHALL  BE  CLASSIFIED  AS (I) INTELLIGENCE SPECIALISTS;
(II) SENIOR INTELLIGENCE SPECIALISTS; (III) LIEUTENANTS; (IV)  CAPTAINS;
(V)  MAJORS;  PROVIDED, HOWEVER, THAT INTELLIGENCE SPECIALISTS APPOINTED
TO THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE MAY BE  APPOINTED  AS
INTELLIGENCE  SPECIALISTS OR SENIOR INTELLIGENCE SPECIALISTS AT SALARIES
TO BE DETERMINED BY THE SUPERINTENDENT WITH THE APPROVAL OF THE DIRECTOR
OF THE BUDGET WITHIN THE RANGE FROM MINIMUM TO MAXIMUM PROVIDED  FOR  IN
THIS  SECTION FOR THE POSITIONS TO WHICH APPOINTMENTS ARE MADE. INTELLI-
GENCE SPECIALISTS APPOINTED TO THE BUREAU OF COUNTERTERRORISM AND INTEL-
LIGENCE SHALL BE DEEMED TO BE MEMBERS OF THE NEW YORK STATE POLICE  UPON
THE  FILING  BY THEM OF THE CONSTITUTIONAL OATH OF OFFICE, BUT SHALL NOT
BE ELIGIBLE FOR TRANSFER TO THE UNIFORM FORCE UNLESS OTHERWISE QUALIFIED
UNDER SECTION TWO HUNDRED FIFTEEN OF THIS ARTICLE.
  D. CIVILIAN APPOINTMENTS. THE SUPERINTENDENT MAY EMPLOY, FROM TIME  TO
TIME,  WITHIN  THE  APPROPRIATION,  SUCH  SKILLED  EXPERTS,  SCIENTISTS,
ANALYSTS, TECHNICIANS OR OTHER SPECIALLY QUALIFIED PERSONS AS  HE  DEEMS
NECESSARY TO AID THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE AND THE
NEW YORK STATE POLICE TO FULFILL THE PURPOSE OF THIS SUBDIVISION, AND/OR
TO COLLECT, ANALYZE AND SHARE INFORMATION RELATING TO TERRORIST THREATS,
TERRORIST ACTIVITIES, AND TERRORIST ATTACKS THROUGHOUT THE STATE, AND TO
CONDUCT  INVESTIGATIONS  NECESSARY  TO  PREVENT, INVESTIGATE, DETECT AND
RESPOND  TO  TERRORIST  THREATS,  TERRORIST  ACTIVITIES,  AND  TERRORIST
ATTACKS  THROUGHOUT  THE  STATE,  AND/OR  TO CONDUCT SUCH OTHER INVESTI-
GATIONS AS MAY BE DIRECTED BY THE SUPERINTENDENT, OR AS MAY BE  PROVIDED
FOR BY LAW.

S. 6405--B                         10

  E.  ASSIGNMENT  OF  BUREAU  PERSONNEL. UPON REQUEST OF THE HEAD OF ANY
STATE DEPARTMENT, OR OF ANY POLICE AGENCY, OR OF ANY  DISTRICT  ATTORNEY
WITHIN  THE STATE, OR UPON REQUEST OF THE SECRETARY OF THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY, THE  ATTORNEY  GENERAL  OF  THE  UNITED
STATES,  THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, THE OFFICE
OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE DIRECTOR  OF  THE  CENTRAL
INTELLIGENCE  AGENCY, OR THE SECRETARY OF THE DEPARTMENT OF DEFENSE, THE
SUPERINTENDENT MAY ASSIGN TO SUCH REQUESTING AUTHORITY  MEMBERS  OF  THE
STATE  POLICE, OR CIVILIAN APPOINTMENTS, ATTACHED TO THE BUREAU OF COUN-
TERTERRORISM AND INTELLIGENCE IN SUCH NUMBERS AND FOR  SUCH  PERIODS  OF
TIME AS HE MAY DEEM NECESSARY TO FACILITATE THE PURPOSE OF THE BUREAU OF
COUNTERTERRORISM  AND  INTELLIGENCE.  MEMBERS  OF  THE  STATE POLICE, OR
CIVILIAN APPOINTMENTS, ASSIGNED OR APPOINTED TO THE BUREAU  OF  COUNTER-
TERRORISM  AND INTELLIGENCE ARE EMPOWERED TO COOPERATE WITH DEPARTMENTS,
DIVISIONS, AGENCIES AND OFFICES OF THE GOVERNMENT OF THE  STATE  OF  NEW
YORK,  AND/OR  ITS  LOCAL SUBDIVISIONS THEREOF, AND/OR THE GOVERNMENT OF
THE UNITED STATES TO FACILITATE THE PURPOSE OF THE BUREAU OF COUNTERTER-
RORISM AND INTELLIGENCE.
  F. SHARING OF INTELLIGENCE INFORMATION. THE BUREAU OF COUNTERTERRORISM
AND INTELLIGENCE SHALL SHARE COUNTERTERRORISM, INTELLIGENCE AND INVESTI-
GATION INFORMATION WITH, AND MAY RECEIVE COUNTERTERRORISM, INTELLIGENCE,
AND INVESTIGATION INFORMATION FROM, THE DIVISION  OF  HOMELAND  SECURITY
AND  EMERGENCY  SERVICES,  LOCAL  LAW  ENFORCEMENT  ENTITIES, THE UNITED
STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPARTMENT  OF
JUSTICE,  THE  FEDERAL BUREAU OF INVESTIGATION, THE CENTRAL INTELLIGENCE
AGENCY, THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE  UNITED
STATES  DEPARTMENT  OF  DEFENSE,  AND  ANY OTHER FEDERAL, STATE OR LOCAL
ENTITY THAT THE SUPERINTENDENT DEEMS PRUDENT FOR THE PURPOSE OF FULFILL-
ING THE PURPOSE OF THE BUREAU. SUCH  INTELLIGENCE  AND  COUNTERTERRORISM
INFORMATION  AND  INVESTIGATIONS  SHALL  BE SHARED, AND MAY BE RECEIVED,
PURSUANT TO SECURITY PROTOCOLS DEVELOPED  BETWEEN  THE  BUREAU  AND  THE
ENTITY  WITH  WHICH SUCH INFORMATION AND/OR INVESTIGATIONS ARE SHARED OR
FROM WHICH SUCH INFORMATION AND/OR INVESTIGATIONS ARE RECEIVED.
  G. OPERATION OF THE NEW YORK STATE INTELLIGENCE CENTER. THE BUREAU  OF
COUNTERTERRORISM  AND  INTELLIGENCE SHALL BE RESPONSIBLE FOR THE MANAGE-
MENT AND OPERATION OF THE NEW YORK STATE  INTELLIGENCE  CENTER  (NYSIC).
SUCH  NEW  YORK  STATE  INTELLIGENCE  CENTER SHALL SERVE AS THE NEW YORK
STATE FUSION CENTER, AND SHALL BRING TOGETHER FEDERAL, STATE  AND  LOCAL
AGENCIES TO ANALYZE AND SHARE INFORMATION RELATED TO TERRORISM AND OTHER
CRIMES.
  H.  OFFICES  OF  THE  BUREAU OF COUNTERTERRORISM AND INTELLIGENCE. THE
SUPERINTENDENT  MAY,  FROM  TIME  TO  TIME,  ESTABLISH  HEADQUARTERS  OR
STATIONS  IN SUCH LOCALITIES OF THE STATE AS HE SHALL DEEM MOST SUITABLE
FOR THE EFFICIENT OPERATION OF THE BUREAU OF COUNTERTERRORISM AND INTEL-
LIGENCE.
  I. SALARY SCHEDULES FOR INTELLIGENCE SPECIALISTS AND  SENIOR  INTELLI-
GENCE  SPECIALISTS  IN  THE  DIVISION OF STATE POLICE.   EFFECTIVE APRIL
FIRST, TWO THOUSAND SIXTEEN, MEMBERS ASSIGNED TO THE BUREAU OF  COUNTER-
TERRORISM  AND  INTELLIGENCE,  AND INTELLIGENCE SPECIALISTS APPOINTED TO
THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A  BASIC  ANNUAL  SALARY
PURSUANT TO THE FOLLOWING SCHEDULE:
                                          SENIOR
                                          INTELLIGENCE   INTELLIGENCE
                                          SPECIALIST     SPECIALIST
NASSAU AND SUFFOLK                        $106,157       $95,878
NEW YORK CITY, ROCKLAND, WESTCHESTER      $105,878       $95,599

S. 6405--B                         11

ORANGE, PUTNAM, DUTCHESS                  $104,813       $94,534
ALL OTHER LOCATIONS                       $104,615       $94,335
  4.  BUREAU  OF  CYBER  SECURITY.  A. ESTABLISHMENT. THE SUPERINTENDENT
SHALL ESTABLISH AND CONTINUE, WITHIN THE NEW YORK STATE POLICE, A BUREAU
OF CYBER SECURITY AND ASSIGN TO IT MEMBERS OF THE NEW YORK STATE  POLICE
IN  SUCH  NUMBERS AND APPOINT TO IT SUCH CYBER SECURITY SPECIALISTS, AND
OTHER EMPLOYEES IN SUCH NUMBERS AS MAY BE REQUIRED FOR  THE  PURPOSE  OF
SUCH BUREAU.
  B.  PURPOSE.  IT  SHALL BE THE PURPOSE OF THE BUREAU OF CYBER SECURITY
TO:
  (I) PROTECT THE STATE'S CYBER SECURITY INFRASTRUCTURE, INCLUDING,  BUT
NOT LIMITED TO:
  (1)  IDENTIFYING  AND  MITIGATING COMPUTER, NETWORK AND SYSTEM VULNER-
ABILITIES;
  (2) DETERRING AND RESPONDING TO CYBER EVENTS AGAINST THE STATE OF  NEW
YORK AND ITS CITIZENS AND BUSINESSES; AND
  (3) PROMOTING CYBER SECURITY AWARENESS WITHIN THE STATE;
  (II)  CONDUCT INVESTIGATIONS NECESSARY TO PREVENT, INVESTIGATE, DETECT
AND RESPOND TO  CYBER  THREATS,  CYBER  ACTIVITIES,  AND  CYBER  ATTACKS
THROUGHOUT THE STATE, AND
  (III)  CONDUCT  OF SUCH OTHER INVESTIGATIONS AS MAY BE DIRECTED BY THE
SUPERINTENDENT, OR AS MAY BE PROVIDED FOR BY LAW.
  C. CLASSIFICATION AND APPOINTMENT.  MEMBERS  OF  THE  NEW  YORK  STATE
POLICE  ASSIGNED  TO  THE BUREAU OF CYBER SECURITY AND CYBER SPECIALISTS
APPOINTED TO THE BUREAU BY THE SUPERINTENDENT SHALL BE CLASSIFIED AS (I)
CYBER SECURITY SPECIALISTS;  (II)  SENIOR  CYBER  SECURITY  SPECIALISTS;
(III)  LIEUTENANTS;  (IV)  CAPTAINS; (V) MAJORS; PROVIDED, HOWEVER, THAT
CYBER SECURITY SPECIALISTS APPOINTED TO THE BUREAU OF CYBER SECURITY MAY
BE APPOINTED AS CYBER SECURITY  SPECIALISTS  OR  SENIOR  CYBER  SECURITY
SPECIALISTS  AT SALARIES TO BE DETERMINED BY THE SUPERINTENDENT WITH THE
APPROVAL OF THE DIRECTOR OF THE BUDGET WITHIN THE RANGE FROM MINIMUM  TO
MAXIMUM PROVIDED FOR IN THIS SECTION FOR THE POSITIONS TO WHICH APPOINT-
MENTS  ARE  MADE.  CYBER SECURITY SPECIALISTS APPOINTED TO THE BUREAU OF
CYBER SECURITY SHALL BE DEEMED TO BE  MEMBERS  OF  THE  NEW  YORK  STATE
POLICE UPON THE FILING BY THEM OF THE CONSTITUTIONAL OATH OF OFFICE, BUT
SHALL NOT BE ELIGIBLE FOR TRANSFER TO THE UNIFORM FORCE UNLESS OTHERWISE
QUALIFIED UNDER SECTION TWO HUNDRED FIFTEEN OF THIS ARTICLE.
  D.  CIVILIAN APPOINTMENTS. THE SUPERINTENDENT MAY EMPLOY, FROM TIME TO
TIME,  WITHIN  THE  APPROPRIATION,  SUCH  SKILLED  EXPERTS,  SCIENTISTS,
ANALYSTS,  TECHNICIANS  OR OTHER SPECIALLY QUALIFIED PERSONS AS HE DEEMS
NECESSARY TO AID THE BUREAU OF CYBER SECURITY AND  THE  NEW  YORK  STATE
POLICE  TO  COLLECT,  ANALYZE  AND  SHARE  INFORMATION RELATING TO CYBER
THREATS, CYBER ACTIVITIES, AND CYBER ATTACKS THROUGHOUT THE  STATE,  AND
TO  CONDUCT INVESTIGATIONS NECESSARY TO PREVENT, INVESTIGATE, DETECT AND
RESPOND TO CYBER THREATS, CYBER ACTIVITIES, AND CYBER ATTACKS THROUGHOUT
THE STATE, AND TO CONDUCT SUCH OTHER INVESTIGATIONS AS MAY  BE  DIRECTED
BY THE SUPERINTENDENT, OR AS MAY BE PROVIDED FOR BY LAW.
  E.  ASSIGNMENT  OF  BUREAU  PERSONNEL. UPON REQUEST OF THE HEAD OF ANY
STATE DEPARTMENT, OR OF ANY POLICE AGENCY OR OF  ANY  DISTRICT  ATTORNEY
WITHIN  THE  STATE,  THE  SUPERINTENDENT  MAY  ASSIGN TO SUCH REQUESTING
AUTHORITY  MEMBERS  OF  THE  STATE  POLICE,  OR  CIVILIAN  APPOINTMENTS,
ATTACHED  TO  THE  BUREAU OF CYBER SECURITY IN SUCH NUMBERS AND FOR SUCH
PERIODS OF TIME AS HE MAY DEEM NECESSARY TO FACILITATE  THE  PURPOSE  OF
THE  BUREAU  OF CYBER SECURITY. MEMBERS OF THE STATE POLICE, OR CIVILIAN
APPOINTMENTS, ASSIGNED OR APPOINTED TO THE BUREAU OF CYBER SECURITY  ARE
EMPOWERED TO COOPERATE WITH DEPARTMENTS, DIVISIONS, AGENCIES AND OFFICES

S. 6405--B                         12

OF  THE  STATE  OF  NEW  YORK, AND/OR OF ITS LOCAL SUBDIVISIONS THEREOF,
AND/OR THE GOVERNMENT OF THE UNITED STATES TO FACILITATE THE PURPOSE  OF
THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE.
  F.  SHARING  OF INTELLIGENCE INFORMATION. THE BUREAU OF CYBER SECURITY
SHALL SHARE CYBER SECURITY, INTELLIGENCE, AND INVESTIGATION  INFORMATION
WITH,  AND  MAY  RECEIVE CYBER SECURITY, INTELLIGENCE, AND INVESTIGATION
INFORMATION FROM,  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, LOCAL LAW
ENFORCEMENT ENTITIES, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
THE  UNITED STATES DEPARTMENT OF JUSTICE, THE FEDERAL BUREAU OF INVESTI-
GATION, THE CENTRAL INTELLIGENCE AGENCY, THE OFFICE OF THE  DIRECTOR  OF
NATIONAL  INTELLIGENCE, THE UNITED STATES DEPARTMENT OF DEFENSE, AND ANY
OTHER FEDERAL, STATE OR  LOCAL  ENTITY  THAT  THE  SUPERINTENDENT  DEEMS
PRUDENT  FOR  THE  PURPOSE OF FULFILLING THE PURPOSE OF THE BUREAU. SUCH
CYBER SECURITY, INTELLIGENCE, AND INVESTIGATIONS  INFORMATION  SHALL  BE
SHARED,  AND  MAY  BE RECEIVED, PURSUANT TO SECURITY PROTOCOLS DEVELOPED
BETWEEN THE BUREAU AND THE ENTITY WITH  WHICH  SUCH  INFORMATION  AND/OR
INVESTIGATIONS ARE SHARED OR FROM WHICH SUCH INFORMATION AND/OR INVESTI-
GATIONS ARE RECEIVED.
  G.  OFFICES  OF  THE BUREAU OF CYBER SECURITY. THE SUPERINTENDENT MAY,
FROM TIME TO TIME, ESTABLISH HEADQUARTERS OR STATIONS IN SUCH LOCALITIES
OF THE STATE AS HE SHALL DEEM MOST SUITABLE FOR THE EFFICIENT  OPERATION
OF THE BUREAU OF CYBER SECURITY.
  H.  SALARY  SCHEDULES  FOR CYBER SECURITY SPECIALISTS AND SENIOR CYBER
SECURITY SPECIALISTS IN THE DIVISION OF STATE POLICE.   EFFECTIVE  APRIL
FIRST,  TWO  THOUSAND  SIXTEEN,  MEMBERS ASSIGNED TO THE BUREAU OF CYBER
SECURITY AND CYBER SECURITY SPECIALISTS APPOINTED TO THE BUREAU  BY  THE
SUPERINTENDENT,  SHALL  RECEIVE  A  BASIC  ANNUAL SALARY PURSUANT TO THE
FOLLOWING SCHEDULE:
                                          SENIOR
                                          CYBER SECURITY CYBER SECURITY
                                          SPECIALIST     SPECIALIST
NASSAU AND SUFFOLK                        $106,157       $95,878
NEW YORK CITY, ROCKLAND, WESTCHESTER      $105,878       $95,599
ORANGE, PUTNAM, DUTCHESS                  $104,813       $94,534
ALL OTHER LOCATIONS                       $104,615       $94,335
  S 8. This act shall take effect immediately.

                                SUBPART B

  Section 1. Section 709-a of the executive law,  as  added  by  section
15-a  of part B of chapter 56 of the laws of 2010, is amended to read as
follows:
  S 709-a. Office of counterterrorism, INTELLIGENCE AND CYBER  SECURITY.
THERE SHALL BE ESTABLISHED AND MAINTAINED WITHIN THE DIVISION, AN OFFICE
OF  COUNTERTERRORISM,  INTELLIGENCE  AND  CYBER  SECURITY. THE OFFICE OF
COUNTERTERRORISM, INTELLIGENCE AND CYBER SECURITY SHALL BE THE ENTITY OF
STATE  GOVERNMENT  RESPONSIBLE  FOR  ESTABLISHING  AND  MAINTAINING  THE
STATE'S  POLICIES,  PROTOCOLS AND STRATEGIES, RELATING TO THE PREVENTION
OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST ATTACKS AND CYBER ATTACKS.
  1. PURPOSE. The office of  counterterrorism,  INTELLIGENCE  AND  CYBER
SECURITY  shall  develop,  ESTABLISH,  MAINTAIN  and analyze the state's
policies, protocols  and  strategies  relating  to  the  prevention  and
detection  of  terrorist  acts  [and], terrorist threats, CYBER ACTS AND
CYBER THREATS.

S. 6405--B                         13

  2. COUNTERTERRORISM  AND  INTELLIGENCE.  The  office  shall  also  [be
responsible] MAINTAIN POLICY, PROTOCOL AND STRATEGIC OVERSIGHT RESPONSI-
BILITY  OF,  AND WORK COOPERATIVELY WITH, THE BUREAU OF COUNTERTERRORISM
AND INTELLIGENCE OF THE STATE POLICE, for:
  (A)  THE ESTABLISHMENT AND MAINTENANCE OF THE STATE'S POLICIES, PROTO-
COLS AND STRATEGIES RELATING TO THE PREVENTION AND DETECTION OF  TERROR-
IST  THREATS  OR TERRORIST ATTACKS THAT WOULD ENDANGER THE PEOPLE, BUSI-
NESSES OR PROPERTY OF THE STATE OF NEW YORK;
  (B) the collection, analysis and sharing of  information  relating  to
terrorist  threats  [and],  terrorist  activities, AND TERRORIST ATTACKS
throughout the state; [coordinating]
  (C) THE  COORDINATION,  DEVELOPMENT  AND  MAINTENANCE  OF  strategies,
protocols  and  first  responder  equipment  needs  NECESSARY to detect,
PREVENT AND/OR RESPOND TO a biological, chemical [or], radiological,  OR
OTHER TYPE OF terrorist act or threat; [working]
  (D)  THE  CONDUCT OF ASSESSMENTS, IN COOPERATION with private entities
and local, state and federal agencies [to conduct assessments],  of  the
vulnerability  of  critical  infrastructure  to  terrorist  attack;  and
[consulting]
  (E) THE CONSULTATION with appropriate state and local governments  and
private  entities, AND THE GOVERNMENT OF THE UNITED STATES to facilitate
and foster cooperation to better prepare the state to prevent and detect
threats and acts of terrorism.
  3. CYBER SECURITY. THE OFFICE SHALL ALSO MAINTAIN POLICY, PROTOCOL AND
STRATEGIC OVERSIGHT RESPONSIBILITY OF, AND WORK COOPERATIVELY WITH,  THE
BUREAU  OF  CYBER  SECURITY OF THE STATE POLICE, AND THE STATE OFFICE OF
INFORMATION TECHNOLOGY SERVICES, FOR:
  (A) THE ESTABLISHMENT AND MAINTENANCE OF THE STATE'S POLICIES,  PROTO-
COLS  AND  STRATEGIES  RELATING TO THE PREVENTION AND DETECTION OF CYBER
THREATS OR CYBER ATTACKS THAT WOULD ENDANGER THE PEOPLE,  BUSINESSES  OR
PROPERTY OF THE STATE OF NEW YORK;
  (B)  THE  COLLECTION,  ANALYSIS AND SHARING OF INFORMATION RELATING TO
CYBER THREATS, CYBER ACTIVITIES AND CYBER ATTACKS THROUGHOUT THE STATE;
  (C) THE DEVELOPMENT AND IMPLEMENTATION OF INFORMATION SHARING PROGRAMS
AND CYBER DEFENSE MEASURES TO PROTECT COMPUTERS, SYSTEMS AND NETWORKS;
  (D) THE  COORDINATION,  DEVELOPMENT  AND  MAINTENANCE  OF  STRATEGIES,
PROTOCOLS  AND  RESPONSE  NEEDS  TO  DETECT, PREVENT AND/OR RESPOND TO A
CYBER ATTACK OR CYBER THREAT;
  (E) THE CONDUCT OF ASSESSMENTS, IN COOPERATION WITH  PRIVATE  ENTITIES
AND  LOCAL, STATE AND FEDERAL AGENCIES, OF THE VULNERABILITY OF CRITICAL
INFRASTRUCTURE TO CYBER ATTACK;
  (F) THE CONDUCT OF ASSESSMENTS, IN COOPERATION WITH  PRIVATE  ENTITIES
AND LOCAL, STATE AND FEDERAL AGENCIES TO PROVIDE STATE-WIDE COORDINATION
OF  GEOGRAPHICALLY REFERENCED CRITICAL INFRASTRUCTURE, AND THE PROMOTION
AND DEVELOPMENT OF PROGRAMS TO PREVENT SUCH  INFRASTRUCTURE  FROM  CYBER
ATTACK; AND
  (G)  THE CONSULTATION WITH APPROPRIATE STATE AND LOCAL GOVERNMENTS AND
PRIVATE ENTITIES, AND THE GOVERNMENT OF THE UNITED STATES, TO FACILITATE
AND FOSTER COOPERATION TO BETTER PREPARE THE STATE  TO  PREVENT,  DETECT
AND RESPOND TO CYBER THREATS AND CYBER ATTACKS.
  4.  INFORMATION SHARING.  THE OFFICE OF COUNTERTERRORISM, INTELLIGENCE
AND CYBER SECURITY SHALL ENGAGE IN THE SHARING OF INFORMATION TO FACILI-
TATE THE PURPOSES OF THIS SECTION.
  (A) THE OFFICE SHALL SHARE COUNTERTERRORISM, INTELLIGENCE AND INVESTI-
GATION INFORMATION WITH, AND MAY RECEIVE COUNTERTERRORISM, INTELLIGENCE,
AND INVESTIGATION INFORMATION FROM, THE BUREAU OF  COUNTERTERRORISM  AND

S. 6405--B                         14

INTELLIGENCE  OF  THE  STATE POLICE, LOCAL LAW ENFORCEMENT ENTITIES, THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPART-
MENT OF JUSTICE, THE FEDERAL BUREAU OF INVESTIGATION, THE CENTRAL INTEL-
LIGENCE AGENCY, THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE
UNITED  STATES  DEPARTMENT  OF  DEFENSE, AND ANY OTHER FEDERAL, STATE OR
LOCAL ENTITY THAT THE COMMISSIONER DEEMS  PRUDENT  FOR  THE  PURPOSE  OF
FULFILLING  THE PURPOSE OF THIS SECTION. SUCH COUNTERTERRORISM, INTELLI-
GENCE  AND  INVESTIGATION  INFORMATION  SHALL  BE  SHARED,  AND  MAY  BE
RECEIVED,  PURSUANT TO SECURITY PROTOCOLS DEVELOPED BETWEEN THE DIVISION
AND THE ENTITY WITH WHICH SUCH  INFORMATION  AND/OR  INVESTIGATIONS  ARE
SHARED   OR  FROM  WHICH  SUCH  INFORMATION  AND/OR  INVESTIGATIONS  ARE
RECEIVED.
  (B) THE OFFICE SHALL SHARE CYBER SECURITY, INTELLIGENCE  AND  INVESTI-
GATION  INFORMATION  WITH, AND MAY RECEIVE CYBER SECURITY, INTELLIGENCE,
AND INVESTIGATION INFORMATION FROM, THE BUREAU OF CYBER SECURITY OF  THE
STATE POLICE, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, LOCAL
LAW ENFORCEMENT ENTITIES, THE UNITED STATES DEPARTMENT OF HOMELAND SECU-
RITY,  THE  UNITED  STATES  DEPARTMENT OF JUSTICE, THE FEDERAL BUREAU OF
INVESTIGATION, THE CENTRAL INTELLIGENCE AGENCY, THE OFFICE OF THE DIREC-
TOR OF NATIONAL INTELLIGENCE, THE UNITED STATES DEPARTMENT  OF  DEFENSE,
AND ANY OTHER FEDERAL, STATE OR LOCAL ENTITY THAT THE COMMISSIONER DEEMS
PRUDENT  FOR THE PURPOSE OF FULFILLING THE PURPOSE OF THIS SECTION. SUCH
CYBER SECURITY, INTELLIGENCE  AND  INVESTIGATION  INFORMATION  SHALL  BE
SHARED,  AND  MAY  BE RECEIVED, PURSUANT TO SECURITY PROTOCOLS DEVELOPED
BETWEEN THE DIVISION AND THE ENTITY WITH WHICH SUCH  INFORMATION  AND/OR
INVESTIGATIONS ARE SHARED OR FROM WHICH SUCH INFORMATION AND/OR INVESTI-
GATIONS ARE RECEIVED.
  S 2. This act shall take effect immediately.

                                SUBPART C

  Section  1.  This act shall be known and may be cited as the "New York
state terrorist registry act".
  S 2. The executive law is amended by adding a new section 719 to  read
as follows:
  S  719.  TERRORIST REGISTRY INFORMATION SHARING. 1.  UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT  TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY  AND  EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.
  2. UPON REQUEST, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
TIONAL  INFORMATION  NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
  3. THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  SHALL
PROVIDE  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES WITH ANY AND ALL
INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE,  IN
ORDER  TO  MAINTAIN  AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, AND  THE  PROVISION  OF
SUCH  INFORMATION  SHALL  BE  IN  THE FORM AND MANNER AS THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
  S 3. The executive law is amended by adding a new section 233 to  read
as follows:

S. 6405--B                         15

  S  233.   TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT  TO
ARTICLE  SIX-D  OF  THE CORRECTION LAW, TO THE DIVISION OF STATE POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
  2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO  DELIVER  ANY  NEW,  DIFFERENT,  OR
ADDITIONAL  INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
POLICE.
  3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  SHALL  REQUIRE,  IN ORDER TO MAINTAIN AN ACCURATE AND
COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO  ARTICLE  SIX-D  OF  THE
CORRECTION  LAW,  AND  THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  SO
REQUEST.
  S 4. The correction law is amended by adding a new article 6-D to read
as follows:
                               ARTICLE 6-D
                           TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
        169-B. DEFINITIONS.
        169-C. DUTIES OF THE DIVISION.
        169-D. REGISTRATION INFORMATION.
        169-E. REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION AND
                 VERIFICATION FORMS.
        169-F. EXAMINATION OF POTENTIAL REGISTRANTS.
        169-G. INITIAL ASSEMBLY OF THE REGISTRY.
        169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
        169-I. DUTIES OF THE COURT.
        169-J. RESPONSIBILITIES  OF  A  CONFINEMENT  ENTITY   PRIOR   TO
                 DISCHARGE OF A TERRORIST.
        169-K. RESPONSIBILITIES    DURING   COMMUNITY   SUPERVISION   OR
                 PROBATION.
        169-L. DURATION OF REGISTRATION AND VERIFICATION.
        169-M. NOTIFICATION OF CHANGE OF ADDRESS.
        169-N. REGISTRY INFORMATION SHARING.
        169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
        169-P. REGISTRY AND VERIFICATION FEES.
        169-Q. SPECIAL TELEPHONE NUMBER.
        169-R. INTERNET DIRECTORY.
        169-S. IMMUNITY FROM LIABILITY.
        169-T. ANNUAL REPORT.
        169-U. PENALTY.
        169-V. UNAUTHORIZED RELEASE OF INFORMATION.
        169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES.
        169-X. SEPARABILITY.
  S 169-A. LEGISLATIVE FINDINGS. THE LEGISLATURE  FINDS  AND  DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
  THE  LEGISLATURE  ADDITIONALLY  FINDS  AND  DETERMINES, THAT IT IS THE
FIRST RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE  PUBLIC
PROTECTION  AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE

S. 6405--B                         16

A PROGRAM OF PREVENTION OF, RESPONSE TO, AND  RECOVERY  FROM,  TERRORIST
ATTACKS.
  THE  LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A
PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE  ESSEN-
TIAL  CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS
AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE  MUST  TAKE
RESPONSIBLE  ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF  THE
NEW  YORK  STATE  TERRORIST  REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO
MONITOR THOSE INDIVIDUALS, WHO  HAVE  DEMONSTRATED  THROUGH  THEIR  PAST
ACTIONS,  THAT  THEY  WOULD  COMMIT AN ACT OF TERRORISM, SO THAT THROUGH
SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED  FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
  S  169-B.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
  1. "TERRORIST" MEANS ANY PERSON WHO  IS  CONVICTED  OF  ANY  TERRORIST
OFFENSE  SET  FORTH  IN  SUBDIVISION TWO OF THIS SECTION, AND/OR WHO HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
  2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
  (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (B) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES  OR  A
FOREIGN  COUNTRY,  WHICH  INCLUDES  ALL OF THE ESSENTIAL ELEMENTS OF ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (C) SET FORTH IN SECTIONS 32, 37, 81, 175, 175B, 229,  351,  831,  844
(F),  844  (I),  930 (C), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332A,  2332B,  2332C,  2332D,
2332E,  2332F,  2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR 2339D OF
TITLE 18 OF THE UNITED STATES CODE;
  (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
  (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
  (F) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES  OR  A
FOREIGN  COUNTRY,  OF  ANY  OFFENSE  WHICH INCLUDES ALL OF THE ESSENTIAL
ELEMENTS OF ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR  (E)  OF
THIS SUBDIVISION.
  3.  "VERIFIABLE  ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY A PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
  (A) CONVICTED BY A COMBAT STATUS REVIEW TRIBUNAL OR  MILITARY  COMMIS-
SION  OF  ANY  ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;
  (B) CONVICTED BY A MILITARY OR CIVILIAN COURT OF  COMPETENT  JURISDIC-
TION  OF  ANY  ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR  PROMOTION  OF  TERRORISTS  OR  TERRORIST  ACTIVITIES  IN
VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;
  (C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
STATES,  ANY  OTHER  GOVERNMENT  AGENCY  OF  THE  UNITED  STATES, OR ANY
CONTRACTOR OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED  BY
THE  GOVERNMENT  OF  THE  UNITED  STATES TO MAKE SUCH DETENTIONS, UPON A
DETERMINATION THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN  ENEMY  COMBA-
TANT OR AN ILLEGAL ENEMY COMBATANT;
  (D)  DEPORTED  OR  TRANSPORTED,  TO  A  COUNTRY, OTHER THAN THE UNITED
STATES, BY THE GOVERNMENT OF THE UNITED STATES,  OR  ANY  DEPARTMENT  OR
AGENCY  THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST ACTIV-

S. 6405--B                         17

ITIES, OR THE HARBORING,  SUPPORT  AND/OR  PROMOTION  OF  TERRORISTS  OR
TERRORIST ACTIVITIES; OR
  (E)  DESIGNATED  BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES  DEPARTMENT  OF
JUSTICE,  THE  UNITED  STATES  DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
SERVICES, THE UNITED STATES  CENTRAL  INTELLIGENCE  AGENCY,  AND/OR  THE
OFFICE  OF  THE  DIRECTOR  OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS  CITI-
ZENS,  AND/OR  WHO  IS  A  MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
  4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE  BASIS  OF  A
CONVICTION  FOR  ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A  VERIFIABLE  ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
  5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A)  THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS  OR
HER  DISCHARGE,  PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL  CONDITIONAL  RELEASE;
OR
  (B)  IF  THE  TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER  IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
  (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
  (D)  IF  THERE  IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
  6. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  7.  "DEPARTMENT"  MEANS  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY
SUPERVISION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO,  AND  SECTION
FIVE, OF THIS CHAPTER.
  8.  "OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES" MEANS THE
OFFICE OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  AS  DESCRIBED  IN
SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
  9.  "HOSPITAL"  MEANS  A  HOSPITAL  AS  DEFINED  IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  11. "PROBATION" MEANS A SENTENCE  OF  PROBATION  IMPOSED  PURSUANT  TO
ARTICLE  SIXTY-FIVE  OF  THE  PENAL  LAW AND SHALL INCLUDE A SENTENCE OF
IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  12. "INTERNET ACCESS PROVIDER" MEANS  ANY  BUSINESS,  ORGANIZATION  OR
OTHER  ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU-
NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY  OBTAIN  ACCESS  TO  THE
INTERNET.
  13.  "INTERNET  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE  BUSINESS  OF  PROVIDING  TELECOMMUNICATION,
CABLE  AND/OR  BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.

S. 6405--B                         18

  14. "INTERNET IDENTIFIERS" MEANS ANY  ELECTRONIC  MAIL  ADDRESSES  AND
DESIGNATIONS  USED  FOR  THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
  15.  "CELLULAR  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE  OR
DEVICE  SERVICE  THROUGH  WHICH  A  CUSTOMER MAY MAKE CELLULAR TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT  PROVIDES  ONLY  LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
  16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND  MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
  17. "REGISTRANT" MEANS A TERRORIST, THAT UPON EXAMINATION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-F  OF  THIS  ARTICLE,  THE  DIVISION  HAS
DETERMINED  SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
  18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR  ANY  OTHER  OFFICE,
AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
CORRECTIONAL  FACILITY,  HOSPITAL,  LOCAL  CORRECTIONAL FACILITY, OR ANY
OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS  DEFINED
IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
  S  169-C. DUTIES OF THE DIVISION.  1. TERRORIST REGISTRY. THE DIVISION
SHALL ESTABLISH AND MAINTAIN  AN  INFORMATION  FILE  ON  ALL  TERRORISTS
REQUIRED  TO  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
SHALL INCLUDE ALL THE INFORMATION  SET  FORTH  IN  SECTION  ONE  HUNDRED
SIXTY-NINE-D  OF  THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
STATE TERRORIST REGISTRY.
  2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY  TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE,  OR  THE  DIVI-
SION'S  FAILURE  TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
  3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL CONDUCT EXAMINATIONS  TO
DETERMINE  WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY, AND
UPON SUCH EXAMINATIONS AND DETERMINATIONS, IN  ACCORDANCE  WITH  SECTION
ONE  HUNDRED  SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERRORISTS TO
THE NEW YORK STATE TERRORIST REGISTRY.
  4. EXAMINATIONS OF POTENTIAL REGISTRANTS. THE DIVISION, IN  ACCORDANCE
WITH  SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL MAKE REGU-
LAR EXAMINATIONS TO DETERMINE WHAT TERRORISTS  SHALL  BE  ADDED  TO  THE
REGISTRY.
  5.  STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
TION  INFORMATION  FORM AND STANDARDIZED REGISTRATION FORM. THE DIVISION
SHALL DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A  PERSONAL-
IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  6.  STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED VERIFICA-
TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
A STANDARDIZED VERIFICATION INFORMATION FORM, A  PERSONALIZED  VERIFICA-
TION  FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL  PROVIDE  FOR

S. 6405--B                         19

THE  REGISTRATION  AND  VERIFICATION OF TERRORISTS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY.
  8.  NOTIFICATION  OF  CHANGE  OF  ADDRESS.  THE  DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR  THE
NOTIFICATION  OF  LAW  ENFORCEMENT  AGENCIES HAVING JURISDICTION, WHEN A
REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
  9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IS AUTHORIZED  TO  SHARE  THE  NEW
YORK  STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
  10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE  HUNDRED
SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND  SECURITY  AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION  CONTAINED  ON
THE  REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE
STATE OF NEW YORK, AND UPON  SUCH  DETERMINATION  THAT  SUCH  PARTICULAR
INFORMATION  NEEDS  TO  BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
  11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT  TO  SECTION  ONE
HUNDRED  SIXTY-NINE-O  OF  THIS  ARTICLE,  SHALL PROVIDE FOR THE SECURE,
CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT,  FOR
THE  PRESERVATION,  STORAGE  AND  ANALYSIS OF SUCH DNA SAMPLE, AND SHALL
FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE  DNA
SAMPLE,  AND/OR  THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN-
TIFICATION  INDEX,  MAINTAINED  PURSUANT   TO   SECTION   NINE   HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
  12.  FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR  THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
TRANT,  TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, OR
ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH  BY  THE
DIVISION,  FOR  THE  PRESERVATION,  STORAGE AND ANALYSIS OF SUCH FINGER-
PRINTS.
  13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO  SECTION
ONE  HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
REGISTRATION AND VERIFICATION FEES TO BE PAID TO  THE  DIVISION  BY  THE
REGISTRANT,  AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
  14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-Q
OF THIS ARTICLE.
  15.  INTERNET  DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH AN INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
  S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO  SUBDIVI-
SION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-NINE-H
OF  THIS  ARTICLE,  WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
  1. PERSONAL INFORMATION, INCLUDING:
  (A) THE TERRORIST'S NAME;
  (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
  (C) THE DATE OF BIRTH OF THE TERRORIST;

S. 6405--B                         20

  (D) THE SEX OF THE TERRORIST;
  (E) THE RACE OF THE TERRORIST;
  (F)  THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF
THE TERRORIST;
  (G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES  OF  CITIZENSHIP  OF
THE TERRORIST;
  (H)  THE  DRIVER'S  LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
  (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
  (J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE  AND/OR  ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
  (K)  THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
THE TERRORIST;
  (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
  (M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR  HAS
USED; AND
  (N)  ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR  ANY  AND  ALL
CELLULAR  ACCOUNTS  AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
  2. FORENSIC INFORMATION, INCLUDING:
  (A) A PHOTOGRAPH OF  THE  TERRORIST,  TAKEN  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
  (B)  A  COMPLETE  SET  OF  FINGERPRINTS OF THE TERRORIST, COLLECTED IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
  (C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF  THIS
ARTICLE,  WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED
DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE  OF  PROVIDING  A
REPORT  AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)
AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING  OR  DNA
TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
  (D)  A  DNA  ANALYSIS  OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST,
PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH  SUCH  ANALYSIS
BEING  COMPLIANT  WITH  THE  COMBINED DNA INDEX SYSTEM (CODIS), AND WITH
SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND  ANALYSIS  OF  AUTOSOMAL
DNA  (ATDNA),  MITOCHONDRIAL  DNA  (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA),
TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE  REQUIRED  BY
THE DIVISION;
  3.  TERRORIST  INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH AND EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
  (A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING  EVENTS
FOR  WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED,
OR DESIGNATED;
  (B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH  THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
  (C)  A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST  WAS  CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
SENTENCE,  FINE,  PUNISHMENT  AND/OR SANCTION IMPOSED AS A RESULT OF THE
INCIDENT; AND
  (D) THE DATE OF EACH AND EVERY  CONVICTION,  DETAINMENT,  DEPORTATION,
TRANSPORTATION,  AND/OR  DESIGNATION  THAT  OCCURRED  AS A RESULT OF THE
INCIDENT, AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR  SANCTION
IMPOSED AS A RESULT OF THE INCIDENT;
  4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:

S. 6405--B                         21

  (A)  IN  THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS TO BE
EMPLOYED:
  (I)  THE  NAME  AND  ADDRESS  OF  THE  TERRORIST'S CURRENT OR EXPECTED
EMPLOYER;
  (II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT; AND
  (III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
  (B) IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO  BE
A STUDENT:
  (I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
EXPECTED EDUCATIONAL INSTITUTION;
  (II)  A  COMPLETE  DESCRIPTION  OF  THE  TERRORIST'S CLASSES TAKEN, OR
EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
  (III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
  5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
  (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
  (B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED  PERTINENT  BY
THE DIVISION.
  S   169-E.  REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION  AND
VERIFICATION FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE  A
NON-FORWARDABLE  REGISTRATION PACKET, WHICH SHALL CONSIST OF A STANDARD-
IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
TION FORM, AND A STANDARDIZED REGISTRATION FORM.
  2. STANDARDIZED REGISTRATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  STANDARDIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A)  DUTY  AND  OBLIGATION  TO REGISTER. THE STANDARDIZED REGISTRATION
INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING  THE  REGISTRANT'S
DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
  (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
REGISTRATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
  (C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION  INFORMATION
FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
PROPERLY  REGISTER  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS ARTICLE,
INCLUDING:
  (I) DETAILED DIRECTIONS AND INFORMATION AS  TO  HOW  TO  COMPLETE  THE
STANDARDIZED REGISTRATION FORM;
  (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
INFORMATION  CONCERNING  THE  REGISTRANT'S REQUIREMENT TO PROVIDE HIS OR
HER PHOTOGRAPH, FINGERPRINTS AND A DNA SAMPLE TO  SUCH  LAW  ENFORCEMENT
AGENCY; AND
  (III)  DETAILED DIRECTIONS AND INFORMATION CONCERNING THE REGISTRANT'S
RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
SION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE,  AND
THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
  3.  PERSONALIZED  REGISTRATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  PERSONALIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY

S. 6405--B                         22

TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL  SPECIFY  THE  ADDRESS,  TELEPHONE  NUMBER  AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY.
  4. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A  STAND-
ARDIZED  REGISTRATION  FORM,  IN  CLEAR  AND  CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST  REQUIRED
TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
  5.  VERIFICATION  PACKET.  THE DIVISION SHALL CREATE A NON-FORWARDABLE
VERIFICATION PACKET, WHICH SHALL CONSIST OF A STANDARDIZED  VERIFICATION
INFORMATION  FORM,  A  PERSONALIZED VERIFICATION INFORMATION FORM, AND A
STANDARDIZED VERIFICATION FORM.
  6. STANDARDIZED VERIFICATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  STANDARDIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A)  DUTY  AND  OBLIGATION  TO  PROVIDE VERIFICATION. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL PROVIDE INFORMATION  CONCERNING  THE
REGISTRANT'S  DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION WITH
THE DIVISION;
  (B) FURTHER DUTIES AND OBLIGATIONS OF  REGISTRANTS.  THE  STANDARDIZED
VERIFICATION  INFORMATION  FORM  SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS  ARTICLE;
AND
  (C)  MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING  THE  MANNER  AND
PROCEDURES  THAT  A  REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF  THIS
ARTICLE, INCLUDING:
  (I)  DETAILED  DIRECTIONS  AND  INFORMATION  AS TO HOW TO COMPLETE THE
STANDARDIZED VERIFICATION FORM;
  (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW  TO  APPEAR  BEFORE
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, CONCERNING THE REGIS-
TRANT'S REQUIREMENT TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH  WITH  SUCH
LAW ENFORCEMENT AGENCY; AND
  (III)  DETAILED  DIRECTIONS AND INFORMATION CONCERNING THE TERRORIST'S
RESPONSIBILITY TO PAY A TEN DOLLAR CHANGE OF ADDRESS FEE  TO  THE  DIVI-
SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
SECTION  ONE  HUNDRED  SIXTY-NINE-P  OF  THIS ARTICLE, AND THE AVAILABLE
MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
  7. PERSONALIZED VERIFICATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  PERSONALIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST  REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE  REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL  SPECIFY  THE  ADDRESS,  TELEPHONE  NUMBER  AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
MATION INFORMATION FORM SHALL FURTHER INDICATE THE  DATE  BY  WHICH  THE
REGISTRANT  MUST  APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURIS-
DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
  8. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A  STAND-
ARDIZED  VERIFICATION  FORM,  IN  CLEAR  AND  CONCISE LANGUAGE, WITH THE

S. 6405--B                         23

PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
MATION IDENTIFIED IN SECTION ONE HUNDRED SIXTY-NINE-D OF  THIS  ARTICLE,
FROM  EVERY  TERRORIST  REQUIRED  TO  REGISTER  WITH  THE NEW YORK STATE
TERRORIST REGISTRY.
  9.  AVAILABILITY  OF  INFORMATION  AND FORMS. IN ADDITION TO THE OTHER
PROVISIONS OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE  INFORMATION
AND FORMS AVAILABLE AS FOLLOWS:
  (A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
IZED  VERIFICATION  INFORMATION  FORM  AND THE STANDARDIZED VERIFICATION
FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING  REGISTRANTS,  THE
UNIFIED  COURT  SYSTEM,  THE  DEPARTMENT,  FEDERAL,  STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS  THE
DIVISION DEEMS APPROPRIATE;
  (B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
IZED  REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM,
THE STANDARDIZED VERIFICATION  INFORMATION  FORM  AND  THE  STANDARDIZED
VERIFICATION  FORM,  PRODUCED  IN  ACCORDANCE  WITH THIS SECTION, ON THE
OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
IN A DOWNLOADABLE FORMAT, TO ALLOW FOR THE  SUBMISSION  OF  A  COMPLETED
COPY  OF  SUCH  FORM OR FORMS TO THE DIVISION, REGARDLESS OF WHETHER ANY
SUCH FORM OR FORMS HAVE BEEN PROVIDED TO, OR  RECEIVED  BY,  THE  REGIS-
TRANT,  OR  REGARDLESS  OF  WHETHER SUCH REGISTRANT HAS IN FACT RECEIVED
NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
ARTICLE; AND
  (C) THE DIVISION SHALL ALSO MAINTAIN A  TOLL  FREE  TELEPHONE  NUMBER,
WHICH  SHALL  BE  DISPLAYED  ON THE OFFICIAL WEBSITE OF THE DIVISION, TO
PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER  WITH  THE  NEW
YORK  STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION
THAT IS NECESSARY FOR A REGISTRANT TO COMPLETE THEIR  REGISTRATION  WITH
THE  NEW  YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT TO COMPLETE
THEIR VERIFICATION, INCLUDING INFORMATION THAT WOULD BE  PROVIDED  IN  A
PERSONALIZED  REGISTRATION  INFORMATION FORM OR A PERSONALIZED VERIFICA-
TION INFORMATION FORM.
  10. ADVERTISEMENT.  THE  DIVISION  SHALL  ADVERTISE  ON  ITS  OFFICIAL
WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
OF  LAW,  AND  THAT THE INFORMATION AND FORMS NECESSARY TO COMPLETE SUCH
REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
THE TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH  PARAGRAPH
(C) OF SUBDIVISION NINE OF THIS SECTION.
  11.  PURPOSE  OF  THE REGISTRATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION  ONE
OF  THIS  SECTION,  SHALL  BE TO INFORM EVERY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
REGISTER AS REQUIRED BY THIS  ARTICLE,  AND  TO  COLLECT  THE  NECESSARY
INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.
  12.  MAILING  OF REGISTRATION PACKET. THE NON-FORWARDABLE REGISTRATION
PACKET, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL  BE  MAILED
BY  THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
TERRORIST, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED  BY  SUBDIVISION
FIFTEEN OF THIS SECTION.
  13.  PURPOSE  OF  THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE VERIFICATION PACKET, CREATED  IN  ACCORDANCE  WITH  SUBDIVISION
FIVE  OF  THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE

S. 6405--B                         24

NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S  DUTY  AND  OBLI-
GATION  TO  PROVIDE  VERIFICATION  AS  REQUIRED  BY THIS ARTICLE, AND TO
COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH  REGISTRANT  AS
REQUIRED BY THIS ARTICLE.
  14.  MAILING  OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION
PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE  MAILED
BY  THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY  SUBDIVISION
FIFTEEN OF THIS SECTION.
  15.  TIMELINES.  WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE
FOLLOWING TIMELINES SHALL APPLY:
  (A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY  THE  DIVISION  WITHIN
TEN  CALENDAR  DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST
TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE  TERRORIST  REGIS-
TRY;
  (B)  THE  MAILING  REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF
THIS SECTION SHALL BE COMPLETED  BY  THE  DIVISION  WITHIN  SEVENTY-FIVE
CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
DIRECTED  PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE
STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
AFTER;
  (C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
THE  MAILING  OF  REGISTRATION  PACKET  BY  THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED  BY
THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
FULLY  EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA-
TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST  CLASS
MAIL,  OR  BY  MEANS  OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION;
  (D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
VERIFICATION  PACKET  FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS
OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION,  OR  WITHIN  FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
DIVISION'S  WEBSITE,  OR  WITHIN  FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,
SHALL  RETURN  A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND-
ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER  BY  MEANS  OF  UNITED
STATES  FIRST  CLASS  MAIL,  OR BY MEANS OF PERSONAL DELIVERY TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
  (E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR  WITHIN  THIRTY-FIVE  CALENDAR
DAYS  OF  THE  MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN
TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,
SHALL  APPEAR  BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO
PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND  A  DNA  SAMPLE,  UNLESS
SUCH  REGISTRANT  HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY
TAKEN, AND THEIR FINGERPRINTS AND DNA SAMPLE  PREVIOUSLY  COLLECTED,  IN
ACCORDANCE  WITH  SUBDIVISIONS  THREE  AND  FIVE  OF SECTION ONE HUNDRED
SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH  SUBDIVISIONS  THREE
AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND

S. 6405--B                         25

  (F)  THE  REGISTRANT  SHALL ANNUALLY APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
TO THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE  TAKING
OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
AN UPDATED PHOTOGRAPH.
  16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
IN  NO  EVENT  SHALL  THE  FAILURE OF A TERRORIST TO RECEIVE ANY NOTICE,
REGISTRATION PACKET OR VERIFICATION PACKET, OR OF THE DIVISION  TO  FAIL
TO  PROVIDE  SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION PACKET, OR
OF THE FAILURE OF THE DIVISION  TO  PROVIDE  SUCH  NOTICE,  REGISTRATION
PACKET  OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO THIS
SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
BY THIS ARTICLE.
  17. VIOLATIONS. IN THE EVENT THAT A COMPLETED  STANDARDIZED  REGISTRA-
TION  FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT RETURNED
TO THE DIVISION BY A REGISTRANT WITHIN THE TIMELINES  REQUIRED  PURSUANT
TO  SUBDIVISION  FIFTEEN OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY
NOTIFY THE DIVISION OF STATE POLICE,  THE  STATE  DIVISION  OF  HOMELAND
SECURITY  AND  EMERGENCY  SERVICES,  AND THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE  POLICE  SHALL  IMME-
DIATELY  CAUSE  SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE
TO REGISTER IN ACCORDANCE WITH THIS ARTICLE,  AND  PURSUANT  TO  SECTION
490.23 OF THE PENAL LAW.
  18.  LATE  FILINGS.  THE  DIVISION  MAY BY REGULATION IDENTIFY CERTAIN
CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
A STANDARDIZED REGISTRATION FORM, A STANDARDIZED VERIFICATION  FORM,  OR
THE  LATE  COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH OR
UPDATED PHOTOGRAPH, BUT IN NO EVENT SHALL  A  LATE  SUBMISSION  OR  LATE
COLLECTION  BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT, IF
OF LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND  OBLIGATION
TO  SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM, STAND-
ARDIZED VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL  PHOTOGRAPH
OR UPDATED PHOTOGRAPH.
  19.  REGULATIONS.  THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 169-F. EXAMINATION OF POTENTIAL  REGISTRANTS.  1.  GENERALLY.    THE
DIVISION SHALL MAKE REGULAR EXAMINATIONS TO DETERMINE WHETHER TERRORISTS
SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH EXAMINATION AND DETER-
MINATION  THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR-
IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
DUTY OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS  HELD,
AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
SUCH  CUSTODY,  TO NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED BY
THE DIVISION, OF THE CONTEMPLATED RELEASE OR DISCHARGE OF  SUCH  TERROR-
IST.  THE  NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT WHICH SUCH
TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE
OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE  OF  RESI-
DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
HOURS  TO  THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY THE DIVI-
SION. IN THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO  NOTIFY  THE
DIVISION  OF  THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERRORIST AT
LEAST SIXTY DAYS PRIOR TO SUCH  RELEASE,  THE  CONFINEMENT  ENTITY  MUST

S. 6405--B                         26

PROVIDE  AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
  3.  PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION,
IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY  THE
DIVISION,  WITHIN  FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF
RESIDENCE OF SUCH TERRORIST, IN THE FORM  AND  MANNER  PROVIDED  BY  THE
DIVISION.
  4.  ESCAPE  NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM
THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED  OFFICIAL  OF  THE
CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
THE  DIVISION  OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT
ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION AT, AND  IMMEDIATELY  PRIOR  TO,  THE  TIME  OF  THE
TERRORIST'S CONFINEMENT, WITH:
  (A) THE NAME AND ALIASES OF THE TERRORIST;
  (B)  THE  ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
HER CONFINEMENT;
  (C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO  BE
SERVED, IF ANY;
  (D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
  (E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
  (F) THE FINGERPRINTS OF THE TERRORIST.
  5.  PURPOSE.  IT  SHALL  BE THE PURPOSE OF THE DIVISION'S EXAMINATIONS
UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK  STATE,  AND
WHETHER,  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS
SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
  6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING  ITS  EXAMINA-
TIONS,  PURSUANT  TO  THIS  SECTION, TO DETERMINE WHAT TERRORISTS ARE OR
WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN  NEW
YORK  STATE,  THE  DIVISION  SHALL  COMMUNICATE WITH THE FOLLOWING STATE
ENTITIES:
  (I) THE DEPARTMENT;
  (II) THE DIVISION OF PAROLE;
  (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
  (IV) THE DEPARTMENT OF HEALTH;
  (V) THE DEPARTMENT OF EDUCATION;
  (VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE  UNIFIED
COURT SYSTEM;
  (VII) THE DIVISION OF STATE POLICE;
  (VIII)  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES;
AND/OR
  (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
  (B) IN FURTHER CONDUCTING ITS EXAMINATIONS, PURSUANT TO THIS  SECTION,
TO  DETERMINE  WHAT  TERRORISTS  ARE  OR  WILL  BE RESIDING, WORKING, OR
ATTENDING EDUCATIONAL INSTITUTIONS, IN  NEW  YORK  STATE,  THE  DIVISION
SHALL  ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTER-
NATIONAL ENTITIES:
  (I) THE FEDERAL BUREAU OF PRISONS;
  (II) THE UNITED STATE DEPARTMENT OF DEFENSE, AND  ITS  ARMED  SERVICES
BRANCHES;
  (III) THE UNITED STATE DEPARTMENT OF STATE;
  (IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
  (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
  (VI) THE CENTRAL INTELLIGENCE AGENCY;
  (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;

S. 6405--B                         27

  (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
  (IX)  ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI-
SION DEEMS APPROPRIATE.
  7. GROUNDS TO ADD A TERRORIST TO THE  REGISTRY.  UPON  EXAMINATION  IN
ACCORDANCE  WITH  THIS  SECTION,  THE DIVISION SHALL ADD A TERRORIST, AS
DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B  OF  THIS
ARTICLE,  TO  THE  NEW  YORK  STATE TERRORIST REGISTRY, AND PROVIDE SUCH
TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE,  IF
THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
  (A)  NOT  PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN,
OR WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING  AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
  (B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO  COMMUNITY  SUPERVISION  OR  PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
  (C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS  SCHEDULED  FOR  A  CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
TERRORIST  HAS  EVIDENCED  ANY  INTENTION  TO  RESIDE, WORK OR ATTEND AN
EDUCATIONAL INSTITUTION IN NEW YORK STATE.
  8. COURT APPLICATION TO ADD A PERSON TO THE REGISTRY. UPON EXAMINATION
IN ACCORDANCE WITH THIS SECTION, AND UPON  A  FINDING  THAT  THE  PERSON
EXAMINED MAY NOT HAVE COMMITTED A TERRORIST OFFENSE AS DEFINED IN SUBDI-
VISION  TWO  OF  SECTION  ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, OR A
VERIFIABLE ACT OF TERRORISM, AS DEFINED IN SUBDIVISION THREE OF  SECTION
ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE JOINT DETERMINATION
OF  THE  DIVISION  AND  THE  DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES, THAT SUCH PERSON NONETHELESS  STILL  PRESENTS  A  SERIOUS  AND
IMMEDIATE  RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILITATING
A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE  OF  NEW
YORK,  THEN  THE DIVISION MAY MAKE AN APPLICATION TO A SUPREME COURT, IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, TO ADD
SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND IF SUCH  COURT
ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH PERSON TO THE
REGISTRY,  AND  PROVIDE SUCH PERSON WITH NOTIFICATION IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  9.  ADDITION TO THE REGISTRY BY COURT ORDER.  WHERE  A  COURT  OF  THE
UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE
HUNDRED  SIXTY-NINE-I  OF THIS ARTICLE, THEN THE DIVISION SHALL ADD SUCH
PERSON TO THE REGISTRY, AND PROVIDE SUCH  PERSON  WITH  NOTIFICATION  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  10.  REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME COURT
IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
COUNTY WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A  DECI-
SION  AND/OR  ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST
REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED  SIXTY-NINE-I  OF  THIS
ARTICLE,  THEN  THE DIVISION SHALL REMOVE SUCH PERSON FROM THE REGISTRY,
AND PROVIDE SUCH PERSON WITH NOTIFICATION  OF  THEIR  REMOVAL  FROM  THE
REGISTRY,  BUT  THE  DIVISION MAY APPEAL SUCH DECISION AND/OR ORDER, AND
SUCH REMOVAL SHALL NOT BE PERFORMED BY  THE  DIVISION  UNTIL  THE  FINAL
APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
TRY.
  S  169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, SHALL COMMENCE  EXAMINATIONS

S. 6405--B                         28

AND   MAKE  DETERMINATIONS,  IN  ACCORDANCE  WITH  SECTION  ONE  HUNDRED
SIXTY-NINE-F OF THIS ARTICLE, TO  DETERMINE  WHAT  TERRORISTS  SHALL  BE
INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH EXAMINATIONS AND DETERMI-
NATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND SHALL THEREAFTER
NOTIFY  SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY PURSU-
ANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  S 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.  1.    DUTY  AND
OBLIGATION  TO  REGISTER  AND  VERIFY.  ANY PERSON ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL BE REQUIRED,  AND  HAVE  THE
DUTY  AND  OBLIGATION  TO  REGISTER  AND  VERIFY,  AND  SHALL FURTHER BE
REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
TRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH  THIS
ARTICLE.
  2.  SPECIFIC  DUTIES AND OBLIGATIONS.   ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION  SHALL  BE  REQUIRED,  AND
SHALL HAVE THE DUTY AND OBLIGATION TO:
  (A) REGISTER UNDER THIS ARTICLE;
  (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
TRATION  FORM,  CONTAINING  ALL THE REQUIRED REGISTRATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
  (C) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL  PHOTOGRAPH
PREVIOUSLY  TAKEN,  IN  ACCORDANCE  WITH  SUBDIVISIONS THREE AND FIVE OF
SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE  WITH
SUBDIVISIONS  THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS
ARTICLE, APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED  LAW  ENFORCE-
MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
REQUIRED PURSUANT TO THIS ARTICLE;
  (D)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR FINGERPRINTS
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE  HUNDRED  SIXTY-NINE-K  OF  THIS  ARTICLE,
APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
HAVING  JURISDICTION,  WITHIN  THE TIMES, AND AT THE LOCATIONS, REQUIRED
PURSUANT TO THIS ARTICLE;
  (E)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR  DNA  SAMPLE
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE  AND  FIVE  OF  SECTION  ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND SUBMIT TO  A  DNA  SAMPLE  TAKEN  BY  THE  SPECIFIED  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (F) PROVIDE THE DIVISION  WITH  ANY  OTHER  AND  FURTHER  REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.
  3.  CONTINUING DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
AND SHALL HAVE THE CONTINUING DUTY TO:
  (A) VERIFY UNDER THIS ARTICLE;
  (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD  VERIFICA-
TION  FORM,  CONTAINING  ALL  THE  REQUIRED  VERIFICATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;

S. 6405--B                         29

  (C) APPEAR TO, AND BE ANNUALLY  PHOTOGRAPHED  BY,  THE  SPECIFIED  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
  4. DISCONTINUED DUTIES AND OBLIGATIONS.  THE DUTY TO  REGISTER  AND/OR
VERIFY  UNDER  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH  WAS  THE  REASON
THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
  5.  CHANGE  OF  ADDRESS.  ANY  TERRORIST  ADDED  TO THE NEW YORK STATE
TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION  REQUIRED
BY  THIS  ARTICLE,  REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS  IN  ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE.
  S  169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
CONVICTION OF ANY OF THE OFFENSES SET  FORTH  IN  ARTICLE  FOUR  HUNDRED
NINETY  OF  THE  PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER  OF  COMMIT-
MENT,  IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO  THE  NEW  YORK  STATE
TERRORIST REGISTRY.
  (B)  IF  THE  PERSON  CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES  AND  OBLI-
GATIONS  UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
COURT, THE COURT SHALL DIRECT THE DIVISION  TO  MAIL  SUCH  TERRORIST  A
REGISTRATION  PACKET  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  (C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A  TERROR-
IST  OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
THE DIVISION FROM ADDING SUCH PERSON TO THE  NEW  YORK  STATE  TERRORIST
REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  (D)  ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE  OR  DISCHARGE,
BE  INFORMED  OF  HIS  OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT  THE  TIME
SENTENCE  IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION  IN  ACCORD-
ANCE WITH THIS ARTICLE AS FOLLOWS:
  (I)  THE  COURT  SHALL  REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN  THE  PRESENCE  OF  THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
  (II)  UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT  THE
IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
REGISTRATION  FORM  TO  THE  DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
FORM, ADD SUCH PERSON  TO  THE  REGISTRY  AND  FORWARD  THE  INFORMATION
COLLECTED  TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING  JURISDICTION, IN
ACCORDANCE WITH THIS ARTICLE;
  (III) THE COURT SHALL FURTHER NOTIFY THE TERRORIST  THAT  WITHIN  FIVE
CALENDAR  DAYS,  SUCH  TERRORIST SHALL APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND  CORRECTIONAL

S. 6405--B                         30

ALTERNATIVES,  TO  PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA
SAMPLE; AND
  (IV)  FROM  THE  COMPLETED  STANDARDIZED  REGISTRATION FORM, THE COURT
SHALL PLACE UPON THE RECORD THE FACT THAT THE TERRORIST SHALL  BE  ADDED
TO  THE  NEW  YORK  STATE  TERRORIST REGISTRY, AND THE ADDRESS WHERE THE
TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
  (E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
CERTIFICATION, SHALL BE ADDED BY THE DIVISION  TO  THE  NEW  YORK  STATE
TERRORIST  REGISTRY,  AND  SHALL REGISTER WITH THE DIVISION, AND PROVIDE
ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
INITIAL PHOTOGRAPH, IN ACCORDANCE WITH THE PROVISIONS AND  TIMELINES  OF
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  2.  APPLICATION  TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER.  IN
ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
THIS ARTICLE, THE DIVISION, AFTER EXAMINATION, MAY PETITION THE  SUPREME
COURT,  ON  NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE INVESTIGATION
BY MAILING A COPY OF THE PETITION TO THE  LAST  KNOWN  ADDRESS  OF  SUCH
PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF SUCH
EXAMINATION  IN THE JOINT DETERMINATION OF THE DIVISION AND THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  PRESENTS  A  SERIOUS  AND
IMMEDIATE  RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILITATING
A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE  OF  NEW
YORK,  AND  THAT  A CERTIFICATION SHOULD BE ISSUED TO ADD SUCH PERSON TO
THE NEW YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES  THE  CERTIF-
ICATION  REQUESTED  UNDER  THIS SUBDIVISION, THEN THE DIVISION SHALL ADD
SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND  PROVIDE  SUCH
PERSON   WITH  NOTIFICATION  IN  ACCORDANCE  WITH  SECTION  ONE  HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
  (B) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR  ORDER  WHERE
THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
TO  DIRECT  THE  DIVISION  TO  ADD  THE PERSON WHO IS THE SUBJECT OF THE
APPLICATION TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF  SUCH
DENIAL  SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL HEAR
SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE  DECISION  OR  THE
ENTRY  OF  THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE DIVISION IN
ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON  WHOM
THE  COURT  DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO
APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL  OF  SUCH  DECISION  AND/OR
ORDER  ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD
BE SO ADDED SHALL GO, AS OF RIGHT, TO  THE  APPELLATE  DIVISION  IN  THE
DEPARTMENT  IN  WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT
RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE  ORDER  ISSUING
THE  CERTIFICATION  SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS
EARLIER.
  3. APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON  ADDED
BY  THE  DIVISION  TO  THE NEW YORK STATE TERRORIST REGISTRY MAY SEEK AN
ORDER OF  THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
RESIDE IN THE STATE OF NEW YORK, TO  HAVE  THEIR  NAME  AND  INFORMATION
REMOVED FROM THE REGISTRY AS FOLLOWS:
  (A)  GROUNDS  FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN ORDER TO
REMOVE THE REGISTRANT AND THEIR INFORMATION  FROM  THE  NEW  YORK  STATE
TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:

S. 6405--B                         31

  (I)  THE  NATURE  AND CIRCUMSTANCES OF THE OFFENSE OR INCIDENT CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
  (II)  THE  HISTORY  AND  CHARACTER  OF  SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
  (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY  AND  CAPRICIOUS  MANNER,  FAILED  TO  COMPLY  WITH  THE
PROVISIONS  OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR
OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
AND
  (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE.
  (B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME  COURT
FINDS  THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW  YORK  STATE
TERRORIST  REGISTRY,  THE  DIVISION SHALL, IN ACCORDANCE WITH THIS PARA-
GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
REGISTRY, AND PROVIDE SUCH PERSON WITH  NOTIFICATION  OF  THEIR  REMOVAL
FROM THE REGISTRY.
  (C)  APPEALS.  THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DIRECTS THE DIVISION TO REMOVE A  PERSON  FROM  THE  NEW  YORK
STATE  TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL
GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL  HEAR  SUCH  APPEAL
WITHIN  NINETY  DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE
ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON  FROM  THE  REGISTRY,
WHICHEVER  IS EARLIER.   WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A
PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY,  SUCH  REMOVAL  SHALL
NOT  BE  PERFORMED  BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN
FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM  THE  COURT
DENIES  A  PETITION  TO  HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE
TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE  DEPARTMENT  IN  WHICH
SUCH  PERSON  SO  RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK
STATE, TO THE APPELLATE DIVISION OF THE  THIRD  DEPARTMENT,  WHICH  SUCH
APPELLATE  DIVISION  SHALL  HEAR  SUCH  APPEAL WITHIN NINETY DAYS OF THE
ISSUANCE OF THE DECISION OR ENTRY OF  THE  ORDER  DENYING  THE  PETITION
SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
  S  169-J.  RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE
OF A TERRORIST.  1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,
AS  DEFINED  IN  SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF
THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED  IN
SUBDIVISION  EIGHTEEN  OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI-
CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE
DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING,  BUT  NOT
LIMITED  TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO
CONFINEMENT, THE EXPECTED LENGTH OF CONFINEMENT OF  THE  TERRORIST,  AND
THE  DATE  OF  EXPECTED RELEASE OF THE TERRORIST FROM THE FACILITY MAIN-
TAINED BY THE CONFINEMENT ENTITY.  THE  NOTIFICATION  REQUIRED  BY  THIS
SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
IST  AFTER  THE  EFFECTIVE  DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL
TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE  DATE  OF  SUCH
CUSTODY OF SUCH TERRORIST.

S. 6405--B                         32

  2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
OF  THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED
IN SUBDIVISION EIGHTEEN OF SECTION  ONE  HUNDRED  SIXTY-NINE-B  OF  THIS
ARTICLE,  SHALL  INFORM  SUCH  TERRORIST OF THEIR DUTY AND OBLIGATION TO
REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN  A  FORM  AND
MANNER  PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE
CONFINEMENT ENTITY, TO PROVIDE, OR  THE  FAILURE  OF  THE  TERRORIST  TO
RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
OBLIGATION  UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI-
VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR  TO  THE
RELEASE,  DISCHARGE,  PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
OTHER RELEASE, OF THE TERRORIST, FROM THE  CUSTODY  OF  THE  CONFINEMENT
ENTITY,  BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE,  PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
THIS  SUBDIVISION,  THE  CONFINEMENT  ENTITY  SHALL PROVIDE AN EMERGENCY
NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
  3. REGISTRATION AT  THE  FACILITY.  IMMEDIATELY  AFTER  PROVIDING  THE
TERRORIST  WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT  EVERY  TERRORIST  IN
THEIR  CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN  SUBDIVISION
ONE  OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY
THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE  SUCH  PACKET  READ  AND
EXPLAINED  TO  THE  TERRORIST,  AND  AFTER SUCH READING AND EXPLANATION,
SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
  (A) COMPLETE AND SIGN THE  STANDARDIZED  REGISTRATION  FORM  CONTAINED
WITHIN SUCH REGISTRATION PACKET;
  (B)  PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
  (C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF  A  COMPLETE  SET  OF
FINGERPRINTS; AND
  (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
  4.  FAILURE  OF  A  TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL
RELEASE, DISCHARGE, PAROLE,  RELEASE  TO  POST-RELEASE  SUPERVISION,  OR
PROVIDE  ANY  OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER
THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK  STATE
TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING  A  COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO  SUBDIVI-
SION THREE OF THIS SECTION.
  5.  SATISFACTION  OF  DUTY  TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM  THE  CONFINEMENT  ENTITY,  THE  ONE
HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
CY  HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH  LAW  ENFORCEMENT

S. 6405--B                         33

AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
TO THE TERRORIST'S INITIAL PHOTOGRAPH.
  6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY  SHALL  IMME-
DIATELY  RECORD  FROM  SUCH  STANDARDIZED REGISTRATION FORM, THE ADDRESS
WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
AND MAINTAIN A RECORD OF SUCH ADDRESS.
  7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
COMPLETION  OF  THE  STANDARDIZED  REGISTRATION FORM BY THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
IZED REGISTRATION FORM TO THE  TERRORIST,  MAINTAIN  ONE  COPY  OF  SUCH
COMPLETED  AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION,  BY  THE  MEANS  AND
MANNER  PROVIDED  BY  THE  DIVISION,  THE  ORIGINAL COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM.
  8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
SECTION,  THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE
DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
  9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
CONFINEMENT  ENTITY  SHALL  THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
DIVISION, ANY AND ALL THE CONVICTION DATA AND  PERSONAL  INFORMATION  OF
ANY  TERRORIST,  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, WITHIN  THE  CUSTODY  OF  THE  CONFINEMENT
ENTITY.
  10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL  INFORMATION  OF  THE  TERRORIST  IN
ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATES  DEPARTMENT  OF  HOMELAND
SECURITY.
  S  169-K.  RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,  AS  DEFINED  IN
SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
COMMUNITY  SUPERVISION  OR  PROBATION,  THE  DEPARTMENT  OR  OFFICE   OF
PROBATION  AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION  ON
SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
ADDRESS   OF  THE  TERRORIST  PRIOR  TO  THE  COMMUNITY  SUPERVISION  OR
PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH  OF
COMMUNITY  SUPERVISION  OR  PROBATION  OF THE TERRORIST, AND THE DATE OF
EXPECTED RELEASE OF THE TERRORIST  FROM  THE  COMMUNITY  SUPERVISION  OR
PROBATION.    THE  NOTIFICATION  REQUIRED BY THIS SUBDIVISION SHALL TAKE
PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  OR  IF
THE  TERRORIST  COMMENCES  COMMUNITY  SUPERVISION OR PROBATION AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
THIRTY DAYS OF THE COMMENCEMENT OF THE DATE  OF  SUCH  COMMUNITY  SUPER-
VISION OR PROBATION.
  2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B

S. 6405--B                         34

OF  THIS  ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  INFORM  SUCH
TERRORIST  OF  THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
SUCH  NOTIFICATION  SHALL  BE IN A FORM AND MANNER PROVIDED BY THE DIVI-
SION. THE FAILURE OF THE DIVISION, OR OF THE  DEPARTMENT  OR  OFFICE  OF
PROBATION  AND  CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE FAILURE OF
THE TERRORIST TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE  THE  TERRORIST
OF  ANY  DUTY  AND/OR  OBLIGATION  UNDER  THIS ARTICLE. THE NOTIFICATION
REQUIRED BY THIS SUBDIVISION SHALL  TAKE  PLACE  NOT  LESS  THAN  THIRTY
CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
THE  DEPARTMENT  OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES IS
UNABLE TO NOTIFY THE TERRORIST AS  REQUIRED  BY  THIS  SUBDIVISION,  THE
DEPARTMENT  OR  OFFICE  OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
  3. REGISTRATION BY THE DEPARTMENT OR OFFICE OF PROBATION  AND  CORREC-
TIONAL  ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH THE
NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS  SECTION,  THE
DEPARTMENT  OR  OFFICE  OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
PRESENT EVERY TERRORIST, AS DEFINED IN SUBDIVISION ONE  OF  SECTION  ONE
HUNDRED  SIXTY-NINE-B  OF  THIS  ARTICLE,  ON  COMMUNITY  SUPERVISION OR
PROBATION, WHO HAS NOT PREVIOUSLY REGISTERED WITH  THE  NEW  YORK  STATE
TERRORIST  REGISTRY,  WITH A REGISTRATION PACKET, AS DEFINED IN SUBDIVI-
SION ONE OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E  OF  THIS  ARTICLE,  AS
PROVIDED  BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET
READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
  (A) COMPLETE AND SIGN THE  STANDARDIZED  REGISTRATION  FORM  CONTAINED
WITHIN SUCH REGISTRATION PACKET;
  (B)  PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
  (C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF  A  COMPLETE  SET  OF
FINGERPRINTS; AND
  (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
  4.  FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR THE
OFFICE OF PROBATION  AND  CORRECTIONAL  ALTERNATIVES  SHALL  RELEASE  OR
DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
TO  REGISTER  UNDER  THIS ARTICLE WHO HAS NOT PREVIOUSLY REGISTERED WITH
THE NEW  YORK  STATE  TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING  A
COMPLETED  AND  SIGNED STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTO-
GRAPH, A COMPLETE SET OF FINGERPRINTS,  AND  A  DNA  SAMPLE,  FROM  SUCH
TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  5.  SATISFACTION  OF  DUTY  TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION  BY  THE  DEPARTMENT  OR  THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-
GRAPH,  THE  COMPLETE  SET OF FINGERPRINTS, AND THE DNA SAMPLE, FROM THE
TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS  SECTION,  SHALL
RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  FOR  THE  COLLECTION  OF THE
INITIAL PHOTOGRAPH, THE  COMPLETE  SET  OF  FINGERPRINTS,  AND  THE  DNA
SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY  SUPERVISION,
THE  ONE  HUNDRED  DOLLAR  FEE  REQUIRED PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY  TO  APPEAR  BEFORE  SUCH  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION FOR THE PURPOSE OF PROVIDING A
CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH

S. 6405--B                         35

LAW  ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING
AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
  6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE  DEPARTMENT  OR  THE  OFFICE  OF
PROBATION  AND  CORRECTIONAL  ALTERNATIVES SHALL IMMEDIATELY RECORD FROM
SUCH STANDARDIZED REGISTRATION FORM, THE  ADDRESS  WHERE  THE  TERRORIST
EXPECTS  TO  RESIDE  UPON HIS OR HER RELEASE OR DISCHARGE FROM COMMUNITY
SUPERVISION OR PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD  OF  SUCH
ADDRESS.
  7.  TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON THE
COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY  THE  TERRORIST,  IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
ONE  COPY  OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM TO
THE TERRORIST, MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED  FORM  FOR
THE  CONFINEMENT  ENTITY'S  OWN  RECORDS,  AND SHALL FURTHER IMMEDIATELY
TRANSMIT TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE  DIVI-
SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
  8.  TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE  DNA
SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION,  THE  DEPARTMENT  OR  THE  OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES SHALL IMMEDIATELY TRANSMIT TO  THE  DIVISION,  THE  INITIAL
PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
MEANS AND MANNER PROVIDED BY THE DIVISION.
  9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
DEPARTMENT  OR  THE  OFFICE  OF  PROBATION AND CORRECTIONAL ALTERNATIVES
SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
THE CONVICTION DATA  AND  PERSONAL  INFORMATION  OF  ANY  TERRORIST,  AS
DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
  10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON  RECEIPT
OF  THE  CONVICTION  DATA  AND PERSONAL INFORMATION OF THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION NINE OF THIS  SECTION,  THE  DIVISION  SHALL
IMMEDIATELY  TRANSMIT  SUCH  CONVICTION DATA AND PERSONAL INFORMATION TO
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  THE  FEDERAL
BUREAU  OF  INVESTIGATION,  AND  THE UNITED STATE DEPARTMENT OF HOMELAND
SECURITY.
  S 169-L. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY  SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
  S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1.  DUTY AND OBLIGATION TO
NOTIFY DIVISION OF CHANGE OF ADDRESS.  IN  ACCORDANCE  WITH  SUBDIVISION
FIVE  OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY TERRORIST
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF  NEW
YORK  STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THIS
ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
OF HIS OR HER PLACE OF EMPLOYMENT OR  EDUCATIONAL  INSTITUTION  ATTENDED
WITH  THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESI-
DENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE  WITH
THE PROVISIONS OF THIS ARTICLE.
  2.  NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE OF
ADDRESS BY A TERRORIST REQUIRED  TO  REGISTER  UNDER  THIS  ARTICLE,  IN
ACCORDANCE  WITH  SUBDIVISION  ONE  OF  THIS SECTION, THE DIVISION SHALL

S. 6405--B                         36

IMMEDIATELY NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING  JURISDICTION
OF  THE  NEW  PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCA-
TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
  3.  REQUIREMENTS  OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF THE CHANGE
OF ADDRESS INFORMATION FROM THE DIVISION, SENT TO  THE  LAW  ENFORCEMENT
AGENCY  HAVING  JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION, THE LOCAL LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  SHALL
ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
  4.  NOTIFICATION  OF  OTHER  JURISDICTIONS. THE DIVISION SHALL, IF THE
TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
FY THE APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE  NEW  PLACE
OF RESIDENCE.
  S 169-N. REGISTRY INFORMATION SHARING.  1. SHARING OF INFORMATION WITH
NEW  YORK  AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE  DEPART-
MENT,  THE  UNITED  STATES  DEPARTMENT  OF HOMELAND SECURITY, THE UNITED
STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
OFFICE OF THE DIRECTOR  OF  NATIONAL  INTELLIGENCE,  THE  UNITED  STATES
CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS  APPROPRIATE  TO  ADVANCE  THE  PURPOSES  OF THIS ARTICLE. FOR THE
PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL  INCLUDE  THE
PROVISION  OF  INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE  RECEIPT  AND
INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
THE ENTITIES AUTHORIZED UNDER THIS SECTION.
  2.  SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE  THE  NEW  YORK
STATE  TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
WITH ANY OTHER STATE,  REGIONAL  OR  NATIONAL  REGISTRY  OF  TERRORISTS,
INCLUDING  BUT  NOT  LIMITED  TO, THE TERRORIST SCREENING DATABASE MAIN-
TAINED BY THE FEDERAL  BUREAU  OF  INVESTIGATION'S  TERRORIST  SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE  STATE  POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
LOCAL, STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,
AND/OR  ANY  OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES  OF
THIS  ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK  STATE
TERRORIST  REGISTRY  TO  THE  ENTITIES AUTHORIZED UNDER THIS SECTION, AS
WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
  3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, PURSUANT TO THIS SECTION, IN  CONSULTA-
TION  WITH  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND
THE DIVISION OF STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED  ON
THE  NEW  YORK STATE TERRORIST REGISTRY, AND SHALL DETERMINE WHETHER THE
DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON THE  REGISTRY  MAY
CAUSE  A  SECURITY  RISK  TO  THE PEOPLE OR PROPERTY OF THE STATE OF NEW
YORK. UPON THE REVIEW MADE IN ACCORDANCE WITH THIS SUBDIVISION, AND UPON
A DETERMINATION THAT ANY  PARTICULAR  INFORMATION  NEEDS  TO  BE  DEEMED

S. 6405--B                         37

SECURE,  THE  DIVISION  SHALL REMOVE SUCH SECURE INFORMATION FROM PUBLIC
ACCESSIBILITY, INCLUDING EXEMPTING SUCH INFORMATION  FROM  THE  REQUIRE-
MENTS  OF THE POSTING ON THE DIVISION'S WEBSITE, PURSUANT TO SECTION ONE
HUNDRED  SIXTY-NINE-R  OF THIS ARTICLE, OR PROVIDING OF SUCH INFORMATION
THROUGH THE SPECIAL TELEPHONE NUMBER  IN  ACCORDANCE  WITH  SECTION  ONE
HUNDRED  SIXTY-NINE-Q  OF  THIS  ARTICLE.  ANY INFORMATION DEEMED SECURE
PURSUANT TO THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE  PROVISIONS  OF
THE NEW YORK STATE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.
  4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
BY  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, THAT
PARTICULAR INFORMATION SHALL BE DEEMED SECURE, PURSUANT  TO  SUBDIVISION
THREE  OF  THIS  SECTION,  PREVENT THE DIVISION FROM SHARING SUCH SECURE
INFORMATION WITH ANY ENTITY  IDENTIFIED  FOR  THE  REGISTRY  INFORMATION
SHARING  PURSUANT  TO  THIS  SECTION, BUT THE DIVISION MAY PLACE SHARING
RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED BY  THE  DIVISION
OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES, WHEN SHARING SUCH SECURE
INFORMATION WITH OTHER AUTHORIZED SHARING ENTITIES, IN  ACCORDANCE  WITH
SUBDIVISION ONE AND TWO OF THIS SECTION, COULD RESULT IN THE INAPPROPRI-
ATE DISCLOSURE OF SUCH SECURE INFORMATION.
  S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
COLLECTION.  THE  DIVISION,  PURSUANT TO THIS SECTION, SHALL PROVIDE FOR
THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
FROM THE TERRORIST BY THE LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION,
THE  CONFINEMENT  ENTITY,  OR  THE DEPARTMENT OR OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH  THE  PROVISIONS  OF  THIS
ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
SUCH  SECURE  CUSTODIAL  COLLECTION  OF  THE DNA SAMPLE AND FINGERPRINTS
COLLECTED FROM THE TERRORIST, AND SHALL MAKE  AVAILABLE  AN  INFORMATION
PACKET  TO  EXPLAIN THE SECURE PROTOCOLS TO ALL LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION, ALL CONFINEMENT ENTITIES, THE  DEPARTMENT  AND  THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
  2.  SECURE  CUSTODIAL  TRANSFER OF DNA. THE DIVISION, PURSUANT TO THIS
SECTION, SHALL PROVIDE FOR THE SECURE  CUSTODIAL  TRANSFER  OF  THE  DNA
SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION,  THE  CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF
PROBATION  AND  CORRECTIONAL  ALTERNATIVES,  IN  ACCORDANCE   WITH   THE
PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
OF  STATE  POLICE,  AND/OR  ANY  OTHER  APPROVED DNA ANALYSIS ENTITY, AS
CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
YSIS OF SUCH DNA SAMPLE.
  3. SECURE CUSTODIAL TRANSFER OF FINGERPRINTS. THE  DIVISION,  PURSUANT
TO  THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE
FINGERPRINTS COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT  AGENCY
HAVING  JURISDICTION,  THE  CONFINEMENT  ENTITY,  THE DEPARTMENT, OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES,  IN  ACCORDANCE  WITH
THE  PROVISIONS  OF  THIS  ARTICLE,  TO THE LABORATORY MAINTAINED BY THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
ENTITY, AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION,  STOR-
AGE AND ANALYSIS OF SUCH FINGERPRINTS.
  4.  STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER PROVIDE
FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA  SAMPLE,  AND/OR
THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
  S  169-P.  REGISTRY  AND  VERIFICATION FEES. 1. CHARGING OF FEES.  THE
DIVISION, PURSUANT TO THIS SECTION, SHALL:

S. 6405--B                         38

  (A) CHARGE A FEE OF ONE HUNDRED DOLLARS FOR THE  INITIAL  REGISTRATION
OF THE TERRORIST;
  (B)  CHARGE  A  FEE OF TEN DOLLARS EACH TIME A TERRORIST REGISTERS ANY
CHANGE OF ADDRESS; AND
  (C) CHARGE A FEE OF TEN DOLLARS  EACH  TIME  A  TERRORIST  APPEARS  TO
PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
  2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
PAID  TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER PRESCRIBED
BY THE DIVISION.
  3. WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE  BASIS,
FOR  A  WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION, OR MAY
FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
  4. DEPOSIT AUTHORIZATION. THE STATE COMPTROLLER IS  HEREBY  AUTHORIZED
TO  DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO THE
GENERAL FUND.
  S 169-Q. SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER.  THE  DIVISION
SHALL  OPERATE  A  TELEPHONE  NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL
FREE OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO  REGIS-
TER  PURSUANT  TO THIS ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST
REGISTRY, AND TO OBTAIN PUBLICLY  AVAILABLE  REGISTRY  INFORMATION  WITH
RESPECT TO SUCH TERRORIST.
  2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
UPON  THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED FOR
IN THIS SECTION, THE DIVISION SHALL:
  (A) ASK THE CALLER FOR A NAME OF AN INDIVIDUAL  ON  WHICH  THE  CALLER
WOULD LIKE TO OBTAIN INFORMATION.
  (B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
PERSON  LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED INDI-
VIDUAL REASONABLY APPEARS TO BE A PERSON LISTED  ON  THE  REGISTRY,  THE
DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
THE FOLLOWING:
  (I)  AN  EXACT  STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
THE TERRORIST;
  (II) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S  IDENTIFICATION  CARD
NUMBER OF THE TERRORIST;
  (III) THE DATE OF BIRTH OF THE TERRORIST;
  (IV)  THE  SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
THE TERRORIST;
  (V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
  (VI) THE CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT  COMMITTED  BY
THE TERRORIST;
  (VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
  (VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
  (IX)  ANY  DISTINCTIVE  MARKINGS  OR  THE  ETHNICITY OF THE TERRORIST;
AND/OR
  (X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
  (C) UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS  TO
BE  A  PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY BASED UPON
THE INFORMATION PROVIDED FROM THE CALLER IN  ACCORDANCE  WITH  PARAGRAPH
(B)  OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING INFORMA-
TION:
  (I) THE NAME OF THE TERRORIST;
  (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;

S. 6405--B                         39

  (IV) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS  OF  THE  TERROR-
IST'S PLACE OF EMPLOYMENT;
  (V)  IF  THE  TERRORIST  IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (VI) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING FOR  EACH  AND
EVERY  TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND  ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
  (D)  PLAY,  BEFORE  A LIVE OPERATOR SPEAKS WITH THE CALLER, A RECORDED
PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
  (I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
  (III) THAT THE CALLER SHALL BE REQUIRED  TO  PROVIDE  THEIR  NAME  AND
ADDRESS  TO  THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN
RECORD;
  (IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
AGE;
  (V) THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH  THE  TELE-
PHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
  (VI) THAT THE CALLER IS REQUIRED TO HAVE THE  IDENTIFYING  INFORMATION
REQUIRED  TO  BE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION REGARDING
THE INDIVIDUAL ABOUT WHOM INFORMATION IS SOUGHT IN ORDER  TO  ACHIEVE  A
POSITIVE IDENTIFICATION OF THAT PERSON;
  (VII)  THAT  THE  SPECIAL  TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND
THAT ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED  TO
THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
  (VIII)  THAT  AN INFORMATION PACKAGE, WHICH WILL INCLUDE A DESCRIPTION
OF THE LAW PERTAINING TO THE  NEW  YORK  STATE  TERRORIST  REGISTRY,  IS
AVAILABLE  ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING, BY
MAIL, UPON REQUEST FROM THE DIVISION.
  3. MISUSE OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE  IS  REASON-
ABLE  CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN
A PATTERN OR PRACTICE OF MISUSE OF THE  SPECIAL  TELEPHONE  NUMBER,  THE
ATTORNEY  GENERAL,  ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE
MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
A  PERMANENT  OR  TEMPORARY INJUNCTION, RESTRAINING ORDER OR OTHER ORDER
AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR  THE  PATTERN  OR
PRACTICE  OF  MISUSE, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO  AN  AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS
SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
MORE THAN ONE THOUSAND DOLLARS.
  4.  REPORT  OF  CALL  ACTIVITY.   THE DIVISION SHALL, ON OR BEFORE THE
FIRST OF SEPTEMBER IN EACH YEAR, FILE A REPORT WITH  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY,
THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
TY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING  COMMIT-
TEE  ON  GOVERNMENTAL  OPERATIONS,  ON  THE  OPERATION  OF THE TELEPHONE
NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
OF THE FOLLOWING:
  (A) THE NUMBER OF CALLS RECEIVED;

S. 6405--B                         40

  (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE  MANNER
IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
  (C)  THE  NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND
THE NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD  TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D)  A  SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE NUMBER PROGRAM
BASED UPON THE ABOVE OR ANY OTHER SELECTED FACTORS  THE  DIVISION  SHALL
DEEM RELEVANT;
  (E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
OPERATED  PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY, OPERATED
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
  (F) RECOMMENDATIONS AS TO HOW THE DIVISION MIGHT IMPROVE  THE  SPECIAL
TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
  5.  SECURE  INFORMATION. THE OPERATORS OF THE SPECIAL TELEPHONE NUMBER
SHALL NOT PROVIDE ANY CALLER WITH ANY  INFORMATION  FROM  THE  NEW  YORK
STATE  TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN ACCORD-
ANCE WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF  THIS
ARTICLE.
  6.  ADVERTISEMENT  OF  SPECIAL  TELEPHONE  NUMBER.  THE DIVISION SHALL
PROVIDE FOR THE ADVERTISEMENT OF THE  SPECIAL  TELEPHONE  NUMBER  ESTAB-
LISHED  PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POST-
ING OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE  OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  169-R.  INTERNET DIRECTORY. 1. OPERATION OF THE INTERNET DIRECTORY.
THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
YORK STATE TERRORIST REGISTRY WHICH SHALL:
  (A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
  (I) THE NAME OF THE TERRORIST;
  (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
IST FOR THE REGISTRY;
  (IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
  (VI) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS  OF  THE  EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (VII)  BACKGROUND  INFORMATION  ON  THE  TERRORIST, INCLUDING EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME
OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
  (B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
  (C) BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE  DIVISION'S
OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
ING  ON  THE  OFFICIAL HOMEPAGE OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES.
  2. AUTOMATED E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO  THE  DIVI-
SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
REGISTRATION  OCCURS  ON  THE  NEW YORK STATE TERRORIST REGISTRY, IN THE
GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
EMPLOYEE OR ENTITY OF A STATE, LOCAL OR FEDERAL  GOVERNMENT,  ACTING  IN
THEIR  OFFICIAL  CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE LIMITED TO
THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.

S. 6405--B                         41

  3. NO CHARGE FOR THE USE OF THE  DIRECTORY.  THE  DIVISION  SHALL  NOT
CHARGE  FOR  ACCESS  TO  THE  INTERNET  DIRECTORY NOR FOR THE RECEIPT OF
E-MAIL NOTIFICATIONS.
  4.  MISUSE  OF  THE  INTERNET  DIRECTORY. WHENEVER THERE IS REASONABLE
CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS  IS  ENGAGED  IN  A
PATTERN  OR  PRACTICE  OF MISUSE OF THE INTERNET DIRECTORY, THE ATTORNEY
GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE  OF
THE  DIRECTORY  IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPROPRIATE
COURT REQUESTING PREVENTIVE  RELIEF,  INCLUDING  AN  APPLICATION  FOR  A
PERMANENT  OR  TEMPORARY  INJUNCTION,  RESTRAINING  ORDER OR OTHER ORDER
AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR  THE  PATTERN  OR
PRACTICE  OF  MISUSE, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO  AN  AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS
SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
MORE THAN ONE THOUSAND DOLLARS.
  5.  SECURE  INFORMATION.  THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
USER WITH ANY INFORMATION FROM THE NEW  YORK  STATE  TERRORIST  REGISTRY
THAT  THE  DIVISION  HAS  DEEMED  SECURE, IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
  6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
SECTION, INCLUDING BUT NOT  LIMITED  TO  THE  LISTING  OF  SUCH  WEBSITE
ADDRESS  ON  ITS  RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 169-S. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT  IS  SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER  THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER  STATE,  LOCAL  AND/OR  FEDERAL
EMPLOYEES OR OFFICIALS, OR TO THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS ARTICLE UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
  S 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST  OF
SEPTEMBER  IN  EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY  AND  MILI-
TARY  AFFAIRS,  AND  THE  CHAIR  OF  THE  ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE  CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE  CONCERNING  THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE  INTENT  OF
THIS ARTICLE.
  S  169-U.  PENALTY.  ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
INFORMATION OR SUPPLEMENTAL INFORMATION, OR  VERIFICATION,  PURSUANT  TO
THE  PROVISIONS  OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE

S. 6405--B                         42

INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY OF A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE  PENAL  LAW.
ANY  SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL
INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF  THIS  ARTI-
CLE,  MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION
TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, OR THE BASIS FOR  REVOCA-
TION  OF  PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL
PROCEDURE LAW.
  S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION CONTAINED IN THE NEW YORK  STATE  TERRORIST  REGISTRY
SHALL BE A CLASS B MISDEMEANOR.
  S  169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES. 1. LOCAL GOVERN-
MENTS. ANY LOCAL GOVERNMENT, WHICH HAS INCURRED ANY COST FOR  COMPLIANCE
WITH  THE  PROVISIONS  OF  THIS  ARTICLE, MAY MAKE AN APPLICATION TO THE
STATE COMPTROLLER  FOR  REIMBURSEMENT  OF  SUCH  COST.  APPLICATION  FOR
REIMBURSEMENT  FOR SUCH COST INCURRED SHALL BE IN THE FORM AND MANNER AS
REQUIRED BY THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL PAY  SUCH
A  LOCAL GOVERNMENT, WHICH HAS MADE AN APPLICATION FOR A COST, WHICH HAS
BEEN VERIFIED BY THE STATE COMPTROLLER AS HAVING BEEN  INCURRED  BY  THE
LOCAL  GOVERNMENT, FROM THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT,
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-AAAA OF THE  STATE  FINANCE
LAW,  FOLLOWING  APPROPRIATION  BY THE LEGISLATURE AND ALLOCATION BY THE
DIRECTOR OF THE BUDGET.
  2. STATE AGENCY. ANY STATE AGENCY, WHICH HAS  INCURRED  ANY  COST  FOR
COMPLIANCE  WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN APPLICATION
TO THE STATE COMPTROLLER AND THE DIRECTOR OF THE BUDGET, FOR AN INCREASE
IN SUCH STATE AGENCY'S BUDGET,  IN  DIRECT  RELATION  TO  SUCH  COST  SO
INCURRED.  APPLICATION FOR AN INCREASE IN SUCH STATE AGENCY'S BUDGET, IN
DIRECT RELATION TO SUCH COST INCURRED, SHALL BE IN THE FORM  AND  MANNER
AS REQUIRED BY THE DIRECTOR OF THE BUDGET AND THE STATE COMPTROLLER. THE
STATE  COMPTROLLER SHALL VERIFY WHETHER THE COST HAS BEEN SO INCURRED BY
THE STATE AGENCY. ANY INCREASE IN SUCH STATE AGENCY'S BUDGET, AS AUTHOR-
IZED BY THIS SUBDIVISION, SHALL BE  IN  DIRECT  RELATION  TO  SUCH  COST
INCURRED  BY  SUCH STATE AGENCY, AND SHALL BE CHARGED FROM THE TERRORIST
REGISTRY FUNDS MANAGEMENT ACCOUNT, ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-AAAA OF THE STATE FINANCE LAW, FOLLOWING APPROPRIATION  BY  THE
LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET.
  3.  NOTIFICATION  OF THE GOVERNOR AND THE LEGISLATURE.  NOT LATER THAN
THE FIRST DAY OF MARCH, THE STATE COMPTROLLER AND THE  DIRECTOR  OF  THE
BUDGET SHALL NOTIFY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND  THE  SPEAKER  OF  THE  ASSEMBLY, OF THE FISCAL AMOUNTS REQUESTED IN
APPLICATIONS FOR REIMBURSEMENT FOR COSTS INCURRED BY  LOCAL  GOVERNMENTS
UNDER THIS SECTION, AND THE FISCAL AMOUNTS OF APPLICATIONS FOR INCREASES
IN  STATE  AGENCIES'  BUDGETS  UNDER  THIS  SECTION, DURING THE PREVIOUS
TWELVE MONTHS, WITH SUCH NOTIFICATION IDENTIFYING THE LOCAL  GOVERNMENTS
AND THE STATE AGENCIES THAT HAVE MADE SUCH APPLICATIONS.
  S  169-X. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
  S 5. The penal law is amended by adding a new section 490.23  to  read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
           REGISTRY.

S. 6405--B                         43

  A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
FY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES  PURSUANT  TO  ARTICLE
SIX-D  OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED PURSUANT
TO  ARTICLE  SIX-D  OF  THE CORRECTION LAW, OR FAILS TO PROVIDE REQUIRED
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR  VERIFICATION  AS  REQUIRED
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
  FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A-I FELONY.
  S  6. The state finance law is amended by adding a new section 97-aaaa
to read as follows:
  S 97-AAAA. TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT.   1. THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  THE  DEPARTMENT  OF  TAXATION AND FINANCE A FUND TO BE
KNOWN AS THE "TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT".
  2. THE TERRORIST REGISTRY FUND MANAGEMENT ACCOUNT SHALL CONSIST OF:
  (A) MONIES RECEIVED BY THE STATE PURSUANT  TO  ARTICLE  SIX-D  OF  THE
CORRECTION LAW;
  (B)  MONIES  RECEIVED  BY  THE  STATE  AND  DIRECTED TO BE PAID TO THE
ACCOUNT UPON ORDER OF ANY COURT OF:
  (I) THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK;
  (II) THE FEDERAL COURT SYSTEM OF THE UNITED STATES; AND/OR
  (III) THE GOVERNMENT OF THE UNITED STATES OPERATING UNDER THE  UNIFORM
CODE OF MILITARY JUSTICE, AND
  (C)  ALL  OTHER  MONIES, FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES
CREDITED, APPROPRIATED OR TRANSFERRED THERETO FROM  ANY  OTHER  FUND  OR
SOURCE.
  3.  MONIES OF THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT, FOLLOW-
ING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE  DIRECTOR  OF
THE  BUDGET,  SHALL  BE  MADE  AVAILABLE FOR LOCAL GOVERNMENTS AND STATE
AGENCIES PROVIDING SERVICES PURSUANT TO ARTICLE SIX-D OF THE  CORRECTION
LAW.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                SUBPART D

  Section 1. The executive law is amended by adding a new section 720 to
read as follows:
  S  720.  QUINQUENNIAL  CYBER SECURITY REPORT.  1. THE COMMISSIONER, IN
CONSULTATION WITH THE SUPERINTENDENT OF  THE  STATE  POLICE,  THE  CHIEF
INFORMATION  OFFICER, AND THE PRESIDENT OF THE CENTER FOR INTERNET SECU-
RITY, SHALL PREPARE A REPORT, TO  BE  DELIVERED  TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE STANDING COMMITTEE ON  VETERANS,  HOMELAND  SECURITY
AND  MILITARY  AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE
ON GOVERNMENTAL OPERATIONS, ON OR BEFORE THE FIRST DAY OF SEPTEMBER, TWO
THOUSAND SIXTEEN, AND THEN EVERY FIVE YEARS THEREAFTER, WHICH PROVIDES A
COMPREHENSIVE REVIEW OF ALL CYBER SECURITY SERVICES PERFORMED BY, AND ON
BEHALF OF, THE STATE OF NEW YORK.
  2. THE REPORT REQUIRED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,
SHALL  INCLUDE  A  DETAILED  ASSESSMENT OF EACH AND EVERY CYBER SECURITY
NEED OF THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO,  ITS  STATE
AGENCIES  AND  ITS PUBLIC AUTHORITIES, AND FOR EACH AND EVERY SUCH CYBER
SECURITY  NEED  SO  IDENTIFIED,  SHALL  FURTHER   INCLUDE   A   DETAILED
DESCRIPTION OF:

S. 6405--B                         44

  (A) THE TYPE OF CYBER SECURITY SERVICE USED TO ADDRESS SUCH NEED;
  (B)  THE  SCOPE  OF THE NEED SO ADDRESSED, AS WELL AS THE SCOPE OF THE
SERVICE USED TO ADDRESS SUCH NEED;
  (C) THE COST OF THE SERVICE USED TO ADDRESS SUCH NEED;
  (D) THE EFFECTIVENESS OF THE CYBER SECURITY SERVICE  USED  TO  ADDRESS
SUCH NEED;
  (E)  THE  ENTITY PROVIDING SUCH CYBER SECURITY SERVICE USED TO ADDRESS
SUCH NEED;
  (F) THE GOVERNMENT, INDUSTRY AND/OR ACADEMICALLY ACCEPTED  BEST  CYBER
SECURITY PRACTICE FOR ADDRESSING SUCH NEED;
  (G)  HOW  OTHER STATES, AND THE FEDERAL GOVERNMENT HAVE ADDRESSED SUCH
NEED; AND
  (H) HOW PRIVATE SECTOR ENTITIES ADDRESSED SUCH NEED.
  3. DURING THE PREPARATION OF THE REPORT REQUIRED BY SUBDIVISION ONE OF
THIS SECTION, AND AFTER  ITS  DELIVERY  TO  THE  PERSONS  IDENTIFIED  TO
RECEIVE  SUCH  REPORT, THE COMMISSIONER, THE SUPERINTENDENT OF THE STATE
POLICE, THE CHIEF INFORMATION OFFICER, AND THE PRESIDENT OF  THE  CENTER
FOR  INTERNET  SECURITY,  AS  WELL  AS THE DIVISIONS, OFFICES AND CORPO-
RATIONS UNDER THEIR DIRECTION, SHALL PROVIDE TO SUCH PERSONS ENTITLED TO
RECEIVE SUCH REPORT, ANY AND ALL ADDITIONAL INFORMATION SUCH PERSONS MAY
REQUEST, WITH RESPECT TO ANY CYBER SECURITY ISSUE CONCERNING:
  (A) THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO,  ANY  AGENCY,
BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, OFFICE, OR
PUBLIC AUTHORITY OF THE STATE;
  (B)  ANY  LOCAL  GOVERNMENT  ENTITY, INCLUDING BUT NOT LIMITED TO, ANY
COUNTY, TOWN, CITY, VILLAGE, SCHOOL DISTRICT, SPECIAL DISTRICT, AND  ANY
AGENCY,  BOARD,  BUREAU,  COMMISSION, DEPARTMENT, DIVISION, INSTITUTION,
OFFICE, OR PUBLIC AUTHORITY OF SUCH LOCAL GOVERNMENT ENTITY;
  (C) ANY REGULATED ENTITY OF THE STATE OF NEW YORK OR LOCAL  GOVERNMENT
ENTITY;
  (D) ANY NOT-FOR-PROFIT CORPORATION IN THE STATE OF NEW YORK;
  (E)  ANY  PRIVATE  SECTOR BUSINESS IN THE STATE OF NEW YORK, INCLUDING
BUT NOT LIMITED TO, A SOLE PROPRIETOR,  PARTNERSHIP,  LIMITED  LIABILITY
COMPANY OR BUSINESS CORPORATION; AND/OR
  (F) ANY CITIZEN OF THE STATE OF NEW YORK.
  4.  WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE OF
CONFIDENTIAL INFORMATION, OR THE  DISCLOSURE  OF  SENSITIVE  INFORMATION
WHICH  IN  THE  JUDGMENT  OF THE COMMISSIONER WOULD JEOPARDIZE THE CYBER
SECURITY OF THE STATE:
  (A) SUCH CONFIDENTIAL OR SENSITIVE INFORMATION SHALL  BE  PROVIDED  TO
THE  PERSONS  ENTITLED  TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVISION
ONE OF THIS SECTION, AS FOLLOWS:
  (I) IN THE CASE OF THE REPORT REQUIRED  BY  SUBDIVISION  ONE  OF  THIS
SECTION, IN THE FORM OF A SUPPLEMENTAL APPENDIX TO THE REPORT; AND
  (II)  IN  THE  CASE OF A RESPONSE TO A REQUEST FOR INFORMATION MADE IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, IN A SECURE MANNER AS
DETERMINED BY THE COMMISSIONER;
  (B) NEITHER A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR  ANY  CONFIDEN-
TIAL  OR  SENSITIVE  INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION, SHALL BE POSTED  ON  THE  DIVISION'S  WEBSITE  AS
REQUIRED BY SUBDIVISION FIVE OF THIS SECTION;
  (C)  NEITHER  A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR ANY CONFIDEN-
TIAL OR SENSITIVE INFORMATION PROVIDED IN  ACCORDANCE  WITH  SUBDIVISION
THREE OF THIS SECTION, SHALL BE SUBJECT TO THE PROVISIONS OF THE FREEDOM
OF  INFORMATION  LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW;
AND

S. 6405--B                         45

  (D) THE PERSONS ENTITLED TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVI-
SION ONE OF THIS SECTION, MAY DISCLOSE THE SUPPLEMENTAL APPENDIX TO  THE
REPORT,  AND  ANY  CONFIDENTIAL  OR  SENSITIVE  INFORMATION  PROVIDED IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, TO THEIR PROFESSIONAL
STAFF,  BUT  SHALL  NOT OTHERWISE PUBLICLY DISCLOSE SUCH CONFIDENTIAL OR
SECURE INFORMATION.
  5. EXCEPT WITH RESPECT TO ANY CONFIDENTIAL OR SENSITIVE INFORMATION AS
DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, THE DIVISION SHALL POST A
COPY OF THE REPORT PREPARED IN ACCORDANCE WITH SUBDIVISION ONE  OF  THIS
SECTION, ON ITS WEBSITE, NOT MORE THAN FIFTEEN DAYS AFTER SUCH REPORT IS
DELIVERED  TO  THE PERSONS ENTITLED TO RECEIVE SUCH REPORT. THE DIVISION
MAY FURTHER POST ANY AND ALL FURTHER INFORMATION IT MAY  DEEM  APPROPRI-
ATE,  ON  ITS  WEBSITE,  REGARDING CYBER SECURITY, AND THE PROTECTION OF
PUBLIC AND PRIVATE COMPUTER SYSTEMS, NETWORKS, HARDWARE AND SOFTWARE.
  S 2. This act shall take effect immediately.

                                SUBPART E

  Section 1. The executive law is amended by adding a new section 721 to
read as follows:
  S 721. NEW YORK STATE CYBER SECURITY INITIATIVE.  1. LEGISLATIVE FIND-
INGS. THE LEGISLATURE FINDS AND DECLARES THAT REPEATED CYBER  INTRUSIONS
INTO CRITICAL INFRASTRUCTURE, EFFECTING GOVERNMENT, PRIVATE SECTOR BUSI-
NESS,  AND CITIZENS OF THE STATE OF NEW YORK, HAVE DEMONSTRATED THE NEED
FOR IMPROVED CYBER SECURITY.
  THE LEGISLATURE FURTHER FINDS AND  DECLARES  THAT  THIS  CYBER  THREAT
CONTINUES TO GROW AND REPRESENTS ONE OF THE MOST SERIOUS PUBLIC SECURITY
CHALLENGES  THAT  NEW  YORK MUST CONFRONT. MOREOVER, THE SECURITY OF THE
STATE OF NEW YORK DEPENDS  ON  THE  RELIABLE  FUNCTIONING  OF  NEW  YORK
STATE'S  CRITICAL INFRASTRUCTURE, AND PRIVATE SECTOR BUSINESS INTERESTS,
AS WELL AS THE PROTECTION OF THE FINANCES AND  INDIVIDUAL  LIBERTIES  OF
EVERY CITIZEN, IN THE FACE OF SUCH THREATS.
  THE  LEGISLATURE  ADDITIONALLY  FINDS AND DECLARES THAT TO ENHANCE THE
SECURITY, PROTECTION AND RESILIENCE OF NEW YORK STATE'S CRITICAL INFRAS-
TRUCTURE,  AND  PRIVATE  SECTOR  BUSINESS  INTERESTS,  AS  WELL  AS  THE
PROTECTION  OF  THE  FINANCES AND INDIVIDUAL LIBERTIES OF EVERY CITIZEN,
THE STATE OF NEW YORK MUST PROMOTE A CYBER ENVIRONMENT  THAT  ENCOURAGES
EFFICIENCY,  INNOVATION,  AND  ECONOMIC PROSPERITY, AND THAT CAN OPERATE
WITH SAFETY, SECURITY,  BUSINESS  CONFIDENTIALITY,  PRIVACY,  AND  CIVIL
LIBERTY.
  THE  LEGISLATURE FURTHER FINDS AND DECLARES THAT TO CREATE SUCH A SAFE
AND SECURE CYBER ENVIRONMENT FOR GOVERNMENT, PRIVATE SECTOR BUSINESS AND
INDIVIDUAL CITIZENS, NEW YORK MUST ADVANCE, IN ADDITION TO  ITS  CURRENT
EFFORTS  IN THIS FIELD, A NEW YORK STATE CYBER SECURITY INITIATIVE, THAT
ESTABLISHES A NEW YORK STATE CYBER SECURITY ADVISORY BOARD; A  NEW  YORK
STATE  CYBER  SECURITY PARTNERSHIP PROGRAM WITH THE OWNERS AND OPERATORS
OF CRITICAL INFRASTRUCTURE, PRIVATE SECTOR BUSINESS, ACADEMIA, AND INDI-
VIDUAL CITIZENS TO IMPROVE, DEVELOP AND IMPLEMENT  RISK-BASED  STANDARDS
FOR GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS; AND A
NEW YORK STATE CYBER SECURITY INFORMATION SHARING PROGRAM.
  2.  CRITICAL  INFRASTRUCTURE  AND INFORMATION SYSTEMS. AS USED IN THIS
SECTION, THE TERM  "CRITICAL  INFRASTRUCTURE  AND  INFORMATION  SYSTEMS"
SHALL MEAN ALL SYSTEMS AND ASSETS, WHETHER PHYSICAL OR VIRTUAL, SO VITAL
TO  THE GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS OF
THE STATE OF NEW YORK THAT THE INCAPACITY OR DESTRUCTION OF SUCH SYSTEMS
AND ASSETS WOULD HAVE A DEBILITATING IMPACT TO THE SECURITY, ECONOMY, OR

S. 6405--B                         46

PUBLIC HEALTH OF THE INDIVIDUAL CITIZENS, GOVERNMENT, OR PRIVATE  SECTOR
BUSINESSES OF THE STATE OF NEW YORK.
  3.  NEW  YORK  STATE CYBER SECURITY ADVISORY BOARD. (A) THERE SHALL BE
WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  A  NEW
YORK  STATE CYBER SECURITY ADVISORY BOARD, WHICH SHALL ADVISE THE GOVER-
NOR AND THE LEGISLATURE ON  DEVELOPMENTS  IN  CYBER  SECURITY  AND  MAKE
RECOMMENDATIONS  FOR  PROTECTING THE STATE'S CRITICAL INFRASTRUCTURE AND
INFORMATION SYSTEMS.
  (B) THE BOARD MEMBERS SHALL CONSIST OF ELEVEN MEMBERS APPOINTED BY THE
GOVERNOR, WITH THREE MEMBERS APPOINTED UPON RECOMMENDATION OF THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND THREE MEMBERS APPOINTED AT THE  RECOM-
MENDATION OF THE SPEAKER OF THE ASSEMBLY. ALL MEMBERS SO APPOINTED SHALL
HAVE  EXPERTISE  IN CYBER SECURITY, TELECOMMUNICATIONS, INTERNET SERVICE
DELIVERY, PUBLIC PROTECTION, COMPUTER SYSTEMS AND/OR COMPUTER NETWORKS.
  (C) THE BOARD SHALL  INVESTIGATE,  DISCUSS  AND  MAKE  RECOMMENDATIONS
CONCERNING  CYBER  SECURITY ISSUES INVOLVING BOTH THE PUBLIC AND PRIVATE
SECTORS AND WHAT STEPS CAN BE TAKEN BY NEW YORK STATE TO  PROTECT  CRIT-
ICAL   CYBER   INFRASTRUCTURE,   FINANCIAL  SYSTEMS,  TELECOMMUNICATIONS
NETWORKS, ELECTRICAL GRIDS, SECURITY SYSTEMS,  FIRST  RESPONDER  SYSTEMS
AND  INFRASTRUCTURE,  PHYSICAL  INFRASTRUCTURE  SYSTEMS,  TRANSPORTATION
SYSTEMS, AND SUCH OTHER AND FURTHER SECTORS OF STATE GOVERNMENT AND  THE
PRIVATE SECTOR AS THE ADVISORY BOARD SHALL DEEM PRUDENT.
  (D) THE PURPOSE OF THE ADVISORY BOARD SHALL BE TO PROMOTE THE DEVELOP-
MENT OF INNOVATIVE, ACTIONABLE POLICIES TO ENSURE THAT NEW YORK STATE IS
IN THE FOREFRONT OF PUBLIC CYBER SECURITY DEFENSE.
  (E)  THE  MEMBERS  OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION
FOR THEIR SERVICES, BUT MAY RECEIVE ACTUAL AND NECESSARY  EXPENSES,  AND
SHALL NOT BE DISQUALIFIED FOR HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOY-
MENT BY MEANS OF THEIR SERVICE AS A MEMBER OF THE ADVISORY BOARD.
  (F)  THE  ADVISORY BOARD SHALL BE ENTITLED TO REQUEST AND RECEIVE, AND
SHALL BE PROVIDED WITH, SUCH FACILITIES, RESOURCES AND DATA OF ANY AGEN-
CY, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR PUBLIC AUTHORITY
OF THE STATE, AS THEY MAY REASONABLY  REQUEST,  TO  CARRY  OUT  PROPERLY
THEIR POWERS, DUTIES AND PURPOSE.
  4.  NEW  YORK  STATE  CYBER  SECURITY INFORMATION SHARING AND ANALYSIS
PROGRAM. (A) THE DIVISION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,
IN  CONSULTATION WITH THE DIVISION OF THE STATE POLICE, THE STATE OFFICE
OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET  SECURI-
TY,  SHALL  ESTABLISH,  WITHIN  SIXTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, A VOLUNTARY NEW YORK STATE CYBER SECURITY  INFORMATION  SHARING
AND ANALYSIS PROGRAM.
  (B)  IT  SHALL  BE  THE  PURPOSE  OF THE NEW YORK STATE CYBER SECURITY
INFORMATION SHARING AND ANALYSIS PROGRAM TO INCREASE THE VOLUME, TIMELI-
NESS, AND QUALITY OF CYBER THREAT INFORMATION SHARED WITH NEW YORK STATE
PUBLIC AND PRIVATE SECTOR ENTITIES SO THAT  THESE  ENTITIES  MAY  BETTER
PROTECT  AND  DEFEND THEMSELVES AGAINST CYBER THREATS AND TO PROMOTE THE
DEVELOPMENT OF EFFECTIVE DEFENSES AND STRATEGIES TO COMBAT, AND  PROTECT
AGAINST, CYBER THREATS AND ATTACKS.
  (C)  TO  FACILITATE  THE PURPOSES OF THE NEW YORK STATE CYBER SECURITY
INFORMATION SHARING AND ANALYSIS PROGRAM, THE DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES, SHALL PROMULGATE REGULATIONS, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SUBDIVISION.
  (D) THE REGULATIONS SHALL PROVIDE FOR THE TIMELY PRODUCTION OF UNCLAS-
SIFIED REPORTS OF CYBER THREATS TO NEW YORK STATE  AND  ITS  PUBLIC  AND
PRIVATE  SECTOR  ENTITIES,  INCLUDING  THREATS  THAT IDENTIFY A SPECIFIC
TARGETED ENTITY.

S. 6405--B                         47

  (E) THE REGULATIONS SHALL ADDRESS THE NEED TO PROTECT INTELLIGENCE AND
LAW ENFORCEMENT SOURCES, METHODS, OPERATIONS,  AND  INVESTIGATIONS,  AND
SHALL  FURTHER ESTABLISH A PROCESS THAT RAPIDLY DISSEMINATES THE REPORTS
PRODUCED PURSUANT TO PARAGRAPH (D) OF  THIS  SUBDIVISION,  TO  BOTH  ANY
TARGETED  ENTITY  AS  WELL  AS SUCH OTHER AND FURTHER PUBLIC AND PRIVATE
ENTITIES AS THE DIVISION SHALL DEEM NECESSARY TO ADVANCE THE PURPOSES OF
THIS SUBDIVISION.
  (F) THE REGULATIONS SHALL PROVIDE FOR PROTECTIONS FROM  LIABILITY  FOR
ENTITIES SHARING AND RECEIVING INFORMATION WITH THE NEW YORK STATE CYBER
SECURITY  INFORMATION  AND ANALYSIS PROGRAM, SO LONG AS THE ENTITY ACTED
IN GOOD FAITH.
  (G) THE REGULATIONS SHALL FURTHER ESTABLISH A SYSTEM FOR TRACKING  THE
PRODUCTION,  DISSEMINATION,  AND  DISPOSITION OF THE REPORTS PRODUCED IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
  (H) THE REGULATIONS SHALL ALSO ESTABLISH AN  ENHANCED  CYBER  SECURITY
SERVICES  PROGRAM,  WITHIN  NEW  YORK  STATE, TO PROVIDE FOR PROCEDURES,
METHODS AND DIRECTIVES, FOR A  VOLUNTARY  INFORMATION  SHARING  PROGRAM,
THAT  WILL PROVIDE CYBER THREAT AND TECHNICAL INFORMATION COLLECTED FROM
BOTH PUBLIC AND PRIVATE SECTOR ENTITIES,  TO  SUCH  PRIVATE  AND  PUBLIC
SECTOR  ENTITIES AS THE DIVISION DEEMS PRUDENT, TO ADVISE ELIGIBLE CRIT-
ICAL INFRASTRUCTURE COMPANIES OR COMMERCIAL SERVICE PROVIDERS THAT OFFER
SECURITY SERVICES TO CRITICAL INFRASTRUCTURE ON CYBER  SECURITY  THREATS
AND DEFENSE MEASURES.
  (I)  THE REGULATIONS SHALL ALSO SEEK TO DEVELOP STRATEGIES TO MAXIMIZE
THE UTILITY OF CYBER THREAT INFORMATION SHARING BETWEEN AND  ACROSS  THE
PRIVATE AND PUBLIC SECTORS, AND SHALL FURTHER SEEK TO PROMOTE THE USE OF
PRIVATE  AND PUBLIC SECTOR SUBJECT MATTER EXPERTS TO ADDRESS CYBER SECU-
RITY NEEDS IN NEW YORK STATE, WITH THESE SUBJECT MATTER EXPERTS  PROVID-
ING  ADVICE  REGARDING  THE CONTENT, STRUCTURE, AND TYPES OF INFORMATION
MOST USEFUL TO CRITICAL INFRASTRUCTURE OWNERS AND OPERATORS IN  REDUCING
AND MITIGATING CYBER RISKS.
  (J)  THE  REGULATIONS  SHALL  FURTHER SEEK TO ESTABLISH A CONSULTATIVE
PROCESS TO COORDINATE IMPROVEMENTS TO THE  CYBER  SECURITY  OF  CRITICAL
INFRASTRUCTURE,  WHERE  AS  PART OF THE CONSULTATIVE PROCESS, THE PUBLIC
AND PRIVATE ENTITIES OF THE STATE OF NEW YORK SHALL ENGAGE AND  CONSIDER
THE  ADVICE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,
THE DIVISION OF THE STATE POLICE, THE STATE OFFICE OF INFORMATION  TECH-
NOLOGY  SERVICES,  THE  CENTER FOR INTERNET SECURITY, THE NEW YORK STATE
CYBER SECURITY ADVISORY BOARD, THE PROGRAMS ESTABLISHED BY THIS SUBDIVI-
SION, AND SUCH OTHER AND FURTHER PRIVATE  AND  PUBLIC  SECTOR  ENTITIES,
UNIVERSITIES,  AND  CYBER  SECURITY  EXPERTS AS THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES MAY DEEM PRUDENT.
  (K) THE REGULATIONS SHALL FURTHER SEEK TO ESTABLISH A BASELINE  FRAME-
WORK  TO REDUCE CYBER RISK TO CRITICAL INFRASTRUCTURE, AND SHALL SEEK TO
HAVE THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES,  IN
CONSULTATION  WITH  THE  DIVISION  OF  STATE POLICE, THE STATE OFFICE OF
INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR  INTERNET  SECURITY,
LEAD  THE  DEVELOPMENT OF A VOLUNTARY FRAMEWORK TO REDUCE CYBER RISKS TO
CRITICAL INFRASTRUCTURE, TO BE KNOWN AS THE  CYBER  SECURITY  FRAMEWORK,
WHICH SHALL:
  (I)  INCLUDE  A SET OF STANDARDS, METHODOLOGIES, PROCEDURES, AND PROC-
ESSES THAT ALIGN  POLICY,  BUSINESS,  AND  TECHNOLOGICAL  APPROACHES  TO
ADDRESS CYBER RISKS;
  (II) INCORPORATE VOLUNTARY CONSENSUS STANDARDS AND INDUSTRY BEST PRAC-
TICES TO THE FULLEST EXTENT POSSIBLE;

S. 6405--B                         48

  (III)  PROVIDE A PRIORITIZED, FLEXIBLE, REPEATABLE, PERFORMANCE-BASED,
AND COST-EFFECTIVE APPROACH, INCLUDING INFORMATION SECURITY MEASURES AND
CONTROLS, TO HELP OWNERS AND OPERATORS OF CRITICAL INFRASTRUCTURE  IDEN-
TIFY, ASSESS, AND MANAGE CYBER RISK;
  (IV)  FOCUS  ON IDENTIFYING CROSS-SECTOR SECURITY STANDARDS AND GUIDE-
LINES APPLICABLE TO CRITICAL INFRASTRUCTURE;
  (V) IDENTIFY AREAS FOR IMPROVEMENT THAT SHOULD  BE  ADDRESSED  THROUGH
FUTURE  COLLABORATION  WITH  PARTICULAR SECTORS AND STANDARDS-DEVELOPING
ORGANIZATIONS;
  (VI)  ENABLE  TECHNICAL  INNOVATION  AND  ACCOUNT  FOR  ORGANIZATIONAL
DIFFERENCES,  TO  PROVIDE  GUIDANCE  THAT IS TECHNOLOGY NEUTRAL AND THAT
ENABLES CRITICAL INFRASTRUCTURE SECTORS TO BENEFIT  FROM  A  COMPETITIVE
MARKET FOR PRODUCTS AND SERVICES THAT MEET THE STANDARDS, METHODOLOGIES,
PROCEDURES, AND PROCESSES DEVELOPED TO ADDRESS CYBER RISKS;
  (VII)  INCLUDE  GUIDANCE FOR MEASURING THE PERFORMANCE OF AN ENTITY IN
IMPLEMENTING THE CYBER SECURITY FRAMEWORK;
  (VIII) INCLUDE METHODOLOGIES TO IDENTIFY AND MITIGATE IMPACTS  OF  THE
CYBER SECURITY FRAMEWORK AND ASSOCIATED INFORMATION SECURITY MEASURES OR
CONTROLS  ON BUSINESS CONFIDENTIALITY, AND TO PROTECT INDIVIDUAL PRIVACY
AND CIVIL LIBERTIES; AND
  (IX) ENGAGE IN THE REVIEW OF THREAT AND VULNERABILITY INFORMATION  AND
TECHNICAL EXPERTISE.
  (L)  THE REGULATIONS SHALL ADDITIONALLY ESTABLISH A VOLUNTARY CRITICAL
INFRASTRUCTURE CYBER SECURITY PROGRAM TO SUPPORT  THE  ADOPTION  OF  THE
CYBER SECURITY FRAMEWORK BY OWNERS AND OPERATORS OF CRITICAL INFRASTRUC-
TURE  AND ANY OTHER INTERESTED ENTITIES, WHERE UNDER THIS PROGRAM IMPLE-
MENTATION GUIDANCE OR  SUPPLEMENTAL  MATERIALS  WOULD  BE  DEVELOPED  TO
ADDRESS  SECTOR-SPECIFIC RISKS AND OPERATING ENVIRONMENTS, AND RECOMMEND
LEGISLATION FOR ENACTMENT TO ADDRESS CYBER SECURITY ISSUES.
  (M) IN DEVELOPING THE NEW YORK STATE CYBER SECURITY INFORMATION  SHAR-
ING  AND  ANALYSIS  PROGRAM  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS
SUBDIVISION, THE DIVISION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,
IN  CONSULTATION  WITH THE DIVISION OF STATE POLICE, THE STATE OFFICE OF
INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR  INTERNET  SECURITY,
SHALL PRODUCE AND SUBMIT A REPORT, TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, MAKING RECOMMENDA-
TIONS ON THE FEASIBILITY, SECURITY  BENEFITS,  AND  RELATIVE  MERITS  OF
INCORPORATING  SECURITY STANDARDS INTO ACQUISITION PLANNING AND CONTRACT
ADMINISTRATION. SUCH REPORT SHALL FURTHER  ADDRESS  WHAT  STEPS  CAN  BE
TAKEN TO HARMONIZE AND MAKE CONSISTENT EXISTING PROCUREMENT REQUIREMENTS
RELATED  TO  CYBER  SECURITY AND THE FEASIBILITY OF INCLUDING RISK-BASED
SECURITY STANDARDS INTO PROCUREMENT AND CONTRACT ADMINISTRATION.
  5. NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK  ASSESS-
MENT  REPORT.  (A)  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY
SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE,  THE  STATE
OFFICE  OF  INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET
SECURITY, WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE  OF  THIS
SECTION,  SHALL PRODUCE A NEW YORK STATE CYBER SECURITY CRITICAL INFRAS-
TRUCTURE RISK ASSESSMENT REPORT.
  (B) THE PRODUCTION OF THE  NEW  YORK  STATE  CYBER  SECURITY  CRITICAL
INFRASTRUCTURE RISK ASSESSMENT REPORT SHALL USE A RISK-BASED APPROACH TO
IDENTIFY  CRITICAL  INFRASTRUCTURE WHERE A CYBER SECURITY INCIDENT COULD
REASONABLY RESULT IN CATASTROPHIC  REGIONAL  OR  STATE-WIDE  EFFECTS  ON
PUBLIC  HEALTH  OR  SAFETY,  ECONOMIC  DISTRESS,  AND/OR THREATEN PUBLIC
PROTECTION OF THE PEOPLE AND/OR PROPERTY OF NEW YORK STATE.

S. 6405--B                         49

  (C) THE PRODUCTION OF THE REPORT SHALL FURTHER  USE  THE  CONSULTATIVE
PROCESS  AND  DRAW  UPON  THE EXPERTISE OF AND ADVICE OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE  POLICE,
THE  STATE  OFFICE  OF  INFORMATION  TECHNOLOGY SERVICES, THE CENTER FOR
INTERNET SECURITY, THE NEW YORK STATE CYBER SECURITY ADVISORY BOARD, THE
PROGRAMS ESTABLISHED BY THIS SECTION, AND SUCH OTHER AND FURTHER PRIVATE
AND  PUBLIC SECTOR ENTITIES, UNIVERSITIES, AND CYBER SECURITY EXPERTS AS
THE DIVISION OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  MAY  DEEM
PRUDENT.
  (D)  THE  NEW  YORK  STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK
ASSESSMENT REPORT SHALL BE DELIVERED  TO  THE  GOVERNOR,  THE  TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
SENATE STANDING COMMITTEE ON VETERANS, HOMELAND  SECURITY  AND  MILITARY
AFFAIRS,  AND  THE  CHAIR  OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
MENTAL OPERATIONS.
  (E) WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE OF
CONFIDENTIAL INFORMATION, OR THE  DISCLOSURE  OF  SENSITIVE  INFORMATION
WHICH  IN  THE  JUDGMENT OF THE COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES WOULD JEOPARDIZE THE CYBER  SECURITY  OF
THE STATE:
  (I)  SUCH  CONFIDENTIAL  OR SENSITIVE INFORMATION SHALL BE PROVIDED TO
THE PERSONS ENTITLED TO RECEIVE THE REPORT, IN THE  FORM  OF  A  SUPPLE-
MENTAL APPENDIX TO THE REPORT; AND
  (II)  SUCH SUPPLEMENTAL APPENDIX TO THE REPORT SHALL NOT BE SUBJECT TO
THE PROVISIONS OF THE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX
OF THE PUBLIC OFFICERS LAW; AND
  (III) THE PERSONS ENTITLED TO RECEIVE  THE  REPORT  MAY  DISCLOSE  THE
SUPPLEMENTAL  APPENDIX  TO  THE  REPORT TO THEIR PROFESSIONAL STAFF, BUT
SHALL NOT OTHERWISE PUBLICLY DISCLOSE SUCH CONFIDENTIAL OR SECURE INFOR-
MATION.
  S 2. This act shall take effect immediately.

                                SUBPART F

  Section 1. This act shall be known and may be cited as  the  "personal
information protection act".
  S  2.  Legislative  findings and determinations. The legislature finds
and determines that the unauthorized access to, theft  and  misappropri-
ation of personal information can cause serious and significant harm.
  The  legislature  further  finds  and determines that in an attempt to
provide some level of protection against the unauthorized access to, and
theft and misappropriation of such personal information, all persons  or
entities  who  collect  and maintain such personal information should be
required to follow certain minimum protocols and standards.
  The legislature additionally finds and  determines  that  the  minimum
protocols  and  standards  established  by  this act seek to promote the
safeguarding of personal information contained in both paper  and  elec-
tronic  records,  and that the objectives of this act are to promote the
security and confidentiality of personal information in a  manner  fully
consistent  with  customarily  accepted standards and protocols; protect
against unauthorized access, threats  or  hazards  to  the  security  or
integrity of such information as best as can be anticipated; and protect
against  unauthorized access to, or the unauthorized use of, such infor-
mation that may result in serious, significant or  substantial  harm  or
inconvenience.

S. 6405--B                         50

  S  3.  The  penal  law  is amended by adding five new sections 156.07,
156.08, 156.45, 156.46 and 156.47 to read as follows:
S 156.07 AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE SECOND DEGREE.
  IN  ACCORDANCE  WITH THE DEFINITION OF TERMS CONTAINED IN SECTION FOUR
HUNDRED ONE OF THE STATE TECHNOLOGY LAW, ANY  PERSON  WHO  INTENTIONALLY
COPIES,  DUPLICATES, USES OR REMOVES PERSONAL INFORMATION FROM A COMPUT-
ER, WITHOUT AUTHORIZATION FROM THE PERSONAL INFORMATION SUBJECT  OR  THE
PERSONAL  INFORMATION HOLDER, SHALL BE GUILTY OF AGGRAVATED UNAUTHORIZED
USE OF A COMPUTER IN THE SECOND DEGREE.
  AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE SECOND  DEGREE  IS  A
CLASS E FELONY.
S 156.08 AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE FIRST DEGREE.
  IN  ACCORDANCE  WITH THE DEFINITION OF TERMS CONTAINED IN SECTION FOUR
HUNDRED ONE OF THE STATE TECHNOLOGY LAW, ANY  PERSON  WHO  INTENTIONALLY
COPIES,  DUPLICATES, USES OR REMOVES PERSONAL INFORMATION FROM A COMPUT-
ER, WITHOUT AUTHORIZATION FROM THE PERSONAL INFORMATION SUBJECT  OR  THE
PERSONAL  INFORMATION  HOLDER,  THAT RESULTS IN DAMAGES IN THE AMOUNT OF
ONE THOUSAND DOLLARS OR MORE TO THE  PERSONAL  INFORMATION  SUBJECT,  OR
THAT  RESULTS  IN THE UNAUTHORIZED PUBLIC DISCLOSURE OF MEDICAL INFORMA-
TION OF THE PERSONAL INFORMATION SUBJECT, SHALL BE GUILTY OF  AGGRAVATED
UNAUTHORIZED USE OF A COMPUTER IN THE FIRST DEGREE.
  AGGRAVATED  UNAUTHORIZED  USE  OF  A COMPUTER IN THE FIRST DEGREE IS A
CLASS C FELONY.
S 156.45 FAILING TO MAINTAIN STANDARDS FOR THE  PROTECTION  OF  PERSONAL
           INFORMATION.
  IN  ACCORDANCE  WITH THE DEFINITION OF TERMS CONTAINED IN SECTION FOUR
HUNDRED ONE OF THE STATE  TECHNOLOGY  LAW,  ANY  FIRST  DEGREE  PERSONAL
INFORMATION  HOLDER  OR  A FIRST DEGREE THIRD PARTY PERSONAL INFORMATION
HOLDER THAT:
  1. INTENTIONALLY VIOLATES ITS DUTY TO  PROTECT  PERSONAL  INFORMATION,
AND
  2. INTENTIONALLY FAILS TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF
PERSONAL INFORMATION AS ESTABLISHED IN ITS APPROVED COMPREHENSIVE INFOR-
MATION SECURITY PROGRAM, AND
  3.  EXPERIENCES  A  BREACH OF SECURITY INVOLVING PERSONAL INFORMATION,
WHERE SUCH BREACH OF SECURITY HAS RESULTED IN:
  (A) THE IDENTITY THEFT OF A PERSONAL INFORMATION SUBJECT, OR
  (B) AN ACT OF FRAUD AGAINST A PERSONAL INFORMATION SUBJECT, OR
  (C) ANY ACT WHICH CAUSES DAMAGES IN THE AMOUNT OF ONE THOUSAND DOLLARS
OR MORE TO THE PERSONAL INFORMATION SUBJECT, OR
  (D) ANY ACT WHICH CAUSES THE UNAUTHORIZED PUBLIC DISCLOSURE OF MEDICAL
INFORMATION OF A PERSONAL INFORMATION SUBJECT,
  SHALL BE GUILTY OF FAILING TO MAINTAIN STANDARDS FOR THE PROTECTION OF
PERSONAL INFORMATION.
  FAILING TO MAINTAIN STANDARDS FOR THE PROTECTION OF PERSONAL  INFORMA-
TION  SHALL  BE  PUNISHABLE  BY A FINE OF UP TO ONE THOUSAND DOLLARS FOR
EVERY INCIDENCE OF IDENTITY THEFT, FRAUD OR ACT CAUSING DAMAGES  OF  ONE
THOUSAND DOLLARS OR MORE, AND/OR BY A FINE OF UP TO ONE THOUSAND DOLLARS
FOR  EVERY INCIDENCE OF UNAUTHORIZED PUBLIC DISCLOSURE OF MEDICAL INFOR-
MATION.
S 156.46 FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE SECOND DEGREE.
  ANY PERSONAL INFORMATION RECIPIENT THAT INTENTIONALLY FAILS TO PROVIDE
TIMELY NOTIFICATION OF A BREACH OF SECURITY, AS REQUIRED BY SECTION FOUR
HUNDRED SIX OF THE STATE TECHNOLOGY LAW, SHALL BE GUILTY OF THE  OFFENSE
OF FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE SECOND DEGREE.

S. 6405--B                         51

  FAILING  TO  NOTIFY OF A BREACH OF SECURITY IN THE SECOND DEGREE SHALL
BE PUNISHABLE BY A FINE OF UP TO ONE THOUSAND  DOLLARS  FOR  THE  INTEN-
TIONAL  FAILURE  TO  TIMELY  NOTIFY  THE BUREAU OF CYBER SECURITY OF THE
STATE POLICE PURSUANT TO SUBDIVISION ONE OF SECTION FOUR HUNDRED SIX  OF
THE STATE TECHNOLOGY LAW, AND/OR BY A FINE OF UP TO ONE THOUSAND DOLLARS
FOR  THE INTENTIONAL FAILURE TO TIMELY NOTIFY, IF REQUIRED, THE PERSONAL
INFORMATION RECIPIENT'S COMPREHENSIVE SECURITY PROGRAM  APPROVAL  ENTITY
PURSUANT  TO  SUBDIVISION  TWO  OF SECTION FOUR HUNDRED SIX OF THE STATE
TECHNOLOGY LAW, AND/OR BY A FINE OF UP TO ONE HUNDRED DOLLARS  FOR  EACH
PERSONAL  INFORMATION  SUBJECT THE PERSONAL INFORMATION RECIPIENT FAILED
TO TIMELY NOTIFY PURSUANT TO SUBDIVISION FOUR OF  SECTION  FOUR  HUNDRED
SIX OF THE STATE TECHNOLOGY LAW.
S 156.47 FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE FIRST DEGREE.
  ANY  FIRST  DEGREE  PERSONAL  INFORMATION RECIPIENT THAT INTENTIONALLY
FAILS TO PROVIDE  TIMELY  NOTIFICATION  OF  A  BREACH  OF  SECURITY,  AS
REQUIRED  BY SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW, SHALL
BE GUILTY OF THE OFFENSE OF FAILING TO NOTIFY OF A BREACH OF SECURITY IN
THE FIRST DEGREE.
  FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE FIRST DEGREE SHALL BE
PUNISHABLE BY A FINE OF UP TO TEN THOUSAND DOLLARS FOR  THE  INTENTIONAL
FAILURE  TO  TIMELY  NOTIFY  THE  BUREAU  OF CYBER SECURITY OF THE STATE
POLICE PURSUANT TO SUBDIVISION ONE OF SECTION FOUR HUNDRED  SIX  OF  THE
STATE TECHNOLOGY LAW, AND/OR BY A FINE OF UP TO TEN THOUSAND DOLLARS FOR
THE  INTENTIONAL  FAILURE  TO  TIMELY  NOTIFY, IF REQUIRED, THE PERSONAL
INFORMATION RECIPIENT'S COMPREHENSIVE SECURITY PROGRAM  APPROVAL  ENTITY
PURSUANT  TO  SUBDIVISION  TWO  OF SECTION FOUR HUNDRED SIX OF THE STATE
TECHNOLOGY LAW, AND/OR BY A FINE OF UP TO ONE THOUSAND DOLLARS FOR  EACH
PERSONAL  INFORMATION  SUBJECT  THE  FIRST  DEGREE  PERSONAL INFORMATION
RECIPIENT FAILED TO TIMELY NOTIFY PURSUANT TO SUBDIVISION TWO OF SECTION
FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW.
  S 4. The state technology law is amended by adding a new article 4  to
read as follows:
                               ARTICLE IV
          STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION
SECTION 401. DEFINITION OF TERMS.
        402. DUTY TO PROTECT PERSONAL INFORMATION.
        403. COMPREHENSIVE SECURITY PROGRAM STANDARDS.
        404. APPROVAL OF COMPREHENSIVE SECURITY PROGRAMS.
        405. COMPUTER SYSTEM SECURITY REQUIREMENTS.
        406. BREACH OF SECURITY.
        407. CAUSES OF ACTION.
        408. LIABILITY PROTECTION.
  S 401. DEFINITIONS OF TERMS.  THE FOLLOWING DEFINITIONS ARE APPLICABLE
TO THIS ARTICLE EXCEPT WHERE DIFFERENT MEANINGS ARE EXPRESSLY SPECIFIED:
  1.  "PERSONAL INFORMATION SUBJECT", AS USED IN THIS ARTICLE, MEANS ANY
NATURAL PERSON WHO HAS THEIR PERSONAL  INFORMATION  COLLECTED  OR  MAIN-
TAINED BY A PERSONAL INFORMATION RECIPIENT.
  2. "PERSONAL INFORMATION RECIPIENT" AS USED IN THIS ARTICLE, MEANS ANY
SECOND  DEGREE  PERSONAL  INFORMATION RECIPIENT OR FIRST DEGREE PERSONAL
INFORMATION RECIPIENT.
  (A) "SECOND DEGREE PERSONAL INFORMATION RECIPIENT", AS  USED  IN  THIS
ARTICLE,  MEANS  ANY  NATURAL  PERSON, CORPORATION, PARTNERSHIP, LIMITED
LIABILITY COMPANY,  UNINCORPORATED  ASSOCIATION,  GOVERNMENT,  OR  OTHER
ENTITY,  THAT,  IN  THE  COURSE OF THEIR PERSONAL, BUSINESS, COMMERCIAL,
CORPORATE, ASSOCIATION OR GOVERNMENTAL OPERATIONS,  COLLECTS,  RECEIVES,

S. 6405--B                         52

STORES,  MAINTAINS,  PROCESSES,  OR  OTHERWISE  HAS  ACCESS TO, PERSONAL
INFORMATION.
  (B)  "FIRST  DEGREE  PERSONAL  INFORMATION RECIPIENT", AS USED IN THIS
ARTICLE, MEANS ANY NATURAL  PERSON,  CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY  COMPANY,  UNINCORPORATED  ASSOCIATION,  GOVERNMENT,  OR OTHER
ENTITY, THAT, IN THE COURSE OF  THEIR  PERSONAL,  BUSINESS,  COMMERCIAL,
CORPORATE,  ASSOCIATION  OR GOVERNMENTAL OPERATIONS, COLLECTS, RECEIVES,
STORES, MAINTAINS, PROCESSES,  OR  OTHERWISE  HAS  ACCESS  TO,  PERSONAL
INFORMATION,  AND  THAT HAS GROSS ANNUAL OPERATING REVENUES IN EXCESS OF
ONE MILLION DOLLARS.
  3. "PERSONAL INFORMATION COLLECTOR", AS USED IN  THIS  ARTICLE,  MEANS
ANY PERSONAL INFORMATION RECIPIENT, THAT DOES NOT MAINTAIN OR STORE SUCH
PERSONAL  INFORMATION,  OR MAINTAIN ACCESS TO SUCH PERSONAL INFORMATION,
FOR MORE THAN FIVE MINUTES, AND WAS PROVIDED WITH THE PERSONAL  INFORMA-
TION BY THE PERSONAL INFORMATION SUBJECT.
  4.  "PERSONAL  INFORMATION HOLDER", AS USED IN THIS ARTICLE, MEANS ANY
SECOND DEGREE PERSONAL  INFORMATION  HOLDER  OR  FIRST  DEGREE  PERSONAL
INFORMATION HOLDER.
  (A) "SECOND DEGREE PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTI-
CLE,  MEANS ANY PERSONAL INFORMATION RECIPIENT, THAT MAINTAINS OR STORES
SUCH PERSONAL INFORMATION, OR MAINTAINS ACCESS TO SUCH PERSONAL INFORMA-
TION, FOR MORE THAN FIVE MINUTES, AND WAS  PROVIDED  WITH  THE  PERSONAL
INFORMATION BY THE PERSONAL INFORMATION SUBJECT.
  (B)  "FIRST DEGREE PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTI-
CLE, MEANS ANY PERSONAL INFORMATION RECIPIENT, THAT MAINTAINS OR  STORES
SUCH PERSONAL INFORMATION, OR MAINTAINS ACCESS TO SUCH PERSONAL INFORMA-
TION,  FOR  MORE  THAN  FIVE MINUTES, AND WAS PROVIDED WITH THE PERSONAL
INFORMATION BY THE PERSONAL INFORMATION  SUBJECT,  AND  THAT  HAS  GROSS
ANNUAL OPERATING REVENUES IN EXCESS OF ONE MILLION DOLLARS.
  5. "THIRD PARTY PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTICLE,
MEANS ANY SECOND DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER OR FIRST
DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER.
  (A)  "SECOND  DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER", AS USED
IN THIS ARTICLE, MEANS ANY PERSONAL INFORMATION RECIPIENT,  THAT  AGREES
TO  COLLECT, RECEIVE, STORE, MAINTAIN, PROCESS, OR OTHERWISE HAVE ACCESS
TO, PERSONAL INFORMATION, AND WAS PROVIDED WITH SUCH  PERSONAL  INFORMA-
TION FROM A PERSONAL INFORMATION COLLECTOR, A PERSONAL INFORMATION HOLD-
ER, OR ANOTHER THIRD PARTY PERSONAL INFORMATION HOLDER.
  (B) "FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER", AS USED IN
THIS  ARTICLE,  MEANS ANY PERSONAL INFORMATION RECIPIENT, THAT AGREES TO
COLLECT, RECEIVE, STORE, MAINTAIN, PROCESS, OR OTHERWISE HAVE ACCESS TO,
PERSONAL INFORMATION, AND WAS PROVIDED WITH  SUCH  PERSONAL  INFORMATION
FROM A PERSONAL INFORMATION COLLECTOR, A PERSONAL INFORMATION HOLDER, OR
ANOTHER  THIRD  PARTY  PERSONAL  INFORMATION  HOLDER, AND THAT HAS GROSS
ANNUAL OPERATING REVENUES IN EXCESS OF ONE MILLION DOLLARS.
  6. "PERSONAL INFORMATION", AS USED IN THIS ARTICLE,
  (A) MEANS ANY INFORMATION, INCLUDING PAPER-BASED INFORMATION OR  ELEC-
TRONIC INFORMATION, THAT CONTAINS A NEW YORK STATE RESIDENT'S FIRST NAME
AND  LAST  NAME,  OR  A NEW YORK STATE RESIDENT'S FIRST INITIAL AND LAST
NAME, IN COMBINATION WITH ANY ONE OR MORE OF THE FOLLOWING OTHER  INFOR-
MATIONAL ELEMENTS THAT RELATE TO SUCH RESIDENT:
  (I) A GOVERNMENTALLY ISSUED IDENTIFICATION NUMBER, INCLUDING:
  (1) SOCIAL SECURITY NUMBER;
  (2) DRIVER'S LICENSE NUMBER;
  (3) STATE ISSUED IDENTIFICATION CARD NUMBER;
  (4) MILITARY IDENTIFICATION CARD NUMBER;

S. 6405--B                         53

  (5) STUDENT IDENTIFICATION NUMBER; OR
  (6) A UNITED STATES PASSPORT NUMBER;
  (II) PERSONAL FINANCIAL INFORMATION, INCLUDING:
  (1) FINANCIAL ACCOUNT INFORMATION, INCLUDING:
  (A) BANK ACCOUNT INFORMATION:
  (B) INVESTMENT ACCOUNT INFORMATION;
  (C) RETIREMENT ACCOUNT INFORMATION;
  (D) DEFERRED COMPENSATION ACCOUNT INFORMATION;
  (E) MORTGAGE ACCOUNT INFORMATION;
  (F) CAR LOAN ACCOUNT INFORMATION;
  (G) CREDIT LINE ACCOUNT INFORMATION;
  (H) PERSONAL LOAN ACCOUNT INFORMATION; OR
  (I) ANY OTHER MONETARY FUND OR LOAN ACCOUNT INFORMATION; INCLUDING:
  (I) THE NUMBER OF SUCH FINANCIAL ACCOUNT;
  (II) ANY RECORD OF SUCH FINANCIAL ACCOUNT;
  (III) A TRANSACTION HISTORY OF SUCH ACCOUNT;
  (IV) A BALANCE OF SUCH ACCOUNT; AND/OR
  (V)  ANY SECURITY CODE, ACCESS CODE, PERSONAL IDENTIFICATION NUMBER OR
PASSWORD, THAT WOULD  PERMIT  ACCESS  TO,  OR  USE  OF,  SUCH  FINANCIAL
ACCOUNT;
  (2) CREDIT OR DEBIT CARD INFORMATION, INCLUDING:
  (A) THE NUMBER OF SUCH CREDIT CARD OR DEBIT CARD;
  (B) THE EXPIRATION DATE OF SUCH CREDIT OR DEBIT CARD;
  (C)  THE  CARD  VERIFICATION VALUE CODE NUMBER OF SUCH CREDIT OR DEBIT
CARD;
  (D) ANY RECORD OF SUCH CREDIT OR DEBIT CARD ACCOUNT;
  (E) ANY TRANSACTION HISTORY OF SUCH CREDIT OR DEBIT CARD;
  (F) ANY BALANCE OF SUCH CREDIT OR DEBIT CARD; AND/OR
  (G) ANY REQUIRED SECURITY CODE, ACCESS CODE,  PERSONAL  IDENTIFICATION
NUMBER  OR PASSWORD, THAT WOULD PERMIT ACCESS TO, OR USE OF, SUCH CREDIT
OR DEBIT CARD; OR
  (3) CREDIT STATUS INFORMATION, INCLUDING:
  (A) CREDIT SCORE;
  (B) CREDIT HISTORY; OR
  (C) ANY INFORMATION DESCRIBING CREDIT  TRANSACTIONS  OF  THE  PERSONAL
INFORMATION SUBJECT;
  (III) PHYSICAL CHARACTERISTIC INFORMATION, INCLUDING:
  (1) THE HEIGHT OF THE PERSONAL INFORMATION SUBJECT;
  (2) THE WEIGHT OF THE PERSONAL INFORMATION SUBJECT;
  (3) THE HAIR COLOR OF THE PERSONAL INFORMATION SUBJECT;
  (4) THE EYE COLOR OF THE PERSONAL INFORMATION SUBJECT; AND/OR
  (5)  ANY OTHER DISTINGUISHING CHARACTERISTICS OF THE PERSONAL INFORMA-
TION SUBJECT;
  (IV) BIOMETRIC INFORMATION, INCLUDING:
  (1) FINGERPRINTS OF THE PERSONAL INFORMATION SUBJECT;
  (2) VOICE-PRINTS OF THE PERSONAL INFORMATION SUBJECT;
  (3) EYE SCANS OF THE PERSONAL INFORMATION SUBJECT;
  (4) BLOOD SAMPLES OF THE PERSONAL INFORMATION SUBJECT;
  (5) DEOXYRIBONUCLEIC ACID (DNA) BASED SAMPLES OF THE PERSONAL INFORMA-
TION SUBJECT;
  (6) SKIN SAMPLES OF THE PERSONAL INFORMATION SUBJECT;
  (7) HAIR SAMPLES OF THE PERSONAL INFORMATION SUBJECT; AND/OR
  (8) ANY OTHER BIOMETRIC INFORMATION WHICH IS INTENDED OR COLLECTED FOR
THE PURPOSE OF IDENTIFICATION OF THE PERSONAL INFORMATION SUBJECT; OR
  (V) MEDICAL INFORMATION, INCLUDING BUT NOT LIMITED TO, ANY INFORMATION
COLLECTED OR MAINTAINED ABOUT A PERSON INFORMATION SUBJECT  PURSUANT  TO

S. 6405--B                         54

EXAMINATION,  TESTING  OR  TREATMENT  FOR  PHYSICAL OR MENTAL ILLNESS OR
WELLNESS, OR ANY OTHER INFORMATION COLLECTED OR MAINTAINED ON A PERSONAL
INFORMATION SUBJECT BY A HEALTH CARE PROVIDER OR HEALTH CARE INSURER;
  (B) SHALL NOT INCLUDE:
  (I)  PERSONAL  INFORMATION  THAT  IS  LAWFULLY  OBTAINED FROM PUBLICLY
AVAILABLE INFORMATION,  OR  FROM  FEDERAL,  STATE  OR  LOCAL  GOVERNMENT
RECORDS LAWFULLY MADE AVAILABLE TO THE GENERAL PUBLIC; OR
  (II)  PAPER-BASED INFORMATION THAT HAS BEEN INTENTIONALLY DISCARDED OR
ABANDONED BY THE PERSONAL INFORMATION SUBJECT.
  7. "BREACH OF SECURITY", AS USED IN THIS ARTICLE, MEANS THE  UNAUTHOR-
IZED  ACCESS, VIEWING, ACQUISITION, COPYING, DUPLICATION, REMOVAL OR ANY
OTHER USE OF PERSONAL INFORMATION, EITHER  IN  UNENCRYPTED  FORM  OR  IN
ENCRYPTED  FORM  TOGETHER  WITH  THE CONFIDENTIAL PROCESS OR KEY THAT IS
CAPABLE OF COMPROMISING THE SECURITY, CONFIDENTIALITY, OR  INTEGRITY  OF
PERSONAL  INFORMATION.  A  GOOD  FAITH  UNAUTHORIZED  ACCESS, VIEWING OR
ACQUISITION OF PERSONAL  INFORMATION,  FOR  THE  LAWFUL  PURPOSES  OF  A
PERSONAL  INFORMATION  COLLECTOR, IS NOT A BREACH OF SECURITY UNLESS THE
PERSONAL INFORMATION IS THEREAFTER USED IN AN UNAUTHORIZED MANNER OR  IS
SUBJECT  TO  FURTHER  UNAUTHORIZED  DISCLOSURE, AS A RESULT OF SUCH GOOD
FAITH UNAUTHORIZED ACCESS OR ACQUISITION.
  8. "RECORD", AS USED IN THIS ARTICLE, MEANS ANY INFORMATION UPON WHICH
WRITTEN, DRAWN, SPOKEN, VISUAL, OR ELECTROMAGNETIC DATA  OR  IMAGES  ARE
RECORDED  OR  PRESERVED, EITHER AS PAPER-BASED INFORMATION OR ELECTRONIC
INFORMATION.
  9. "PAPER-BASED INFORMATION", AS USED IN THIS ARTICLE, MEANS  PERSONAL
INFORMATION  COLLECTED OR MAINTAINED VIA PAPER, WRITING OR OTHER DRAWING
MEDIUM, OR ANY OTHER PHYSICAL BASED, TANGIBLE, RECORDING MEDIUM.
  10. "ELECTRONIC INFORMATION", AS USED IN THIS ARTICLE, MEANS  PERSONAL
INFORMATION  COLLECTED  OR MAINTAINED VIA COMPUTER, TELEPHONE, INTERNET,
COMPUTER NETWORK  OR  OTHER  ELECTRICAL,  DIGITAL,  MAGNETIC,  WIRELESS,
OPTICAL, ELECTROMAGNETIC OR SIMILAR DEVICE.
  11. "ENCRYPTION", AS USED IN THIS ARTICLE, MEANS THE TRANSFORMATION OF
DATA  INTO  A  FORM IN WHICH THE MEANING OF SUCH DATA CANNOT BE ACCESSED
WITHOUT THE USE OF A CONFIDENTIAL PROCESS OR KEY.
  S 402. DUTY TO PROTECT PERSONAL INFORMATION.  EVERY PERSONAL  INFORMA-
TION  RECIPIENT  SHALL  HAVE  A  LEGAL  DUTY TO PROTECT THE SECURITY AND
INTEGRITY OF ALL PERSONAL INFORMATION IN THEIR CUSTODY FROM UNAUTHORIZED
ACCESS OR UNAUTHORIZED USE.
  S 403. COMPREHENSIVE SECURITY PROGRAM STANDARDS.
  1. COMPREHENSIVE SECURITY PROGRAMS FOR  PERSONAL  INFORMATION  RECIPI-
ENTS. EVERY PERSONAL INFORMATION RECIPIENT SHALL DEVELOP, IMPLEMENT, AND
MAINTAIN  A  COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM THAT IS
WRITTEN IN ONE OR MORE READILY ACCESSIBLE PARTS, AND  CONTAINS  ADMINIS-
TRATIVE,  TECHNICAL,  AND  PHYSICAL  SAFEGUARDS,  DETAILING THE PERSONAL
INFORMATION RECIPIENT'S OBLIGATIONS TO SAFEGUARD THE  PERSONAL  INFORMA-
TION  UNDER  SUCH  COMPREHENSIVE  INFORMATION SECURITY PROGRAM, THAT ARE
APPROPRIATE TO:
  (A) THE SIZE, SCOPE AND TYPE OF THE  PERSONAL,  BUSINESS,  COMMERCIAL,
CORPORATE,  ASSOCIATION OR GOVERNMENTAL OPERATION OF THE PERSONAL INFOR-
MATION RECIPIENT;
  (B) THE AMOUNT OF VOLUNTEERS,  EMPLOYEES  AND/OR  FINANCIAL  RESOURCES
AVAILABLE TO SUCH PERSONAL INFORMATION RECIPIENT;
  (C)  THE AMOUNT OF PERSONAL INFORMATION IN THE CUSTODY OF THE PERSONAL
INFORMATION RECIPIENT; AND
  (D) THE NEED FOR SECURITY AND CONFIDENTIALITY OF THE PERSONAL INFORMA-
TION.

S. 6405--B                         55

  2. COMPREHENSIVE SECURITY PROGRAMS FOR FIRST DEGREE PERSONAL  INFORMA-
TION  HOLDERS AND FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDERS.
EVERY FIRST DEGREE PERSONAL INFORMATION HOLDER, AND EVERY  FIRST  DEGREE
THIRD  PARTY  PERSONAL INFORMATION HOLDER, SHALL DEVELOP, IMPLEMENT, AND
MAINTAIN   AN   APPROVED  COMPREHENSIVE  PERSONAL  INFORMATION  SECURITY
PROGRAM, THAT IS WRITTEN IN ONE OR MORE READILY  ACCESSIBLE  PARTS,  AND
CONTAINS  ADMINISTRATIVE,  TECHNICAL, AND PHYSICAL SAFEGUARDS, DETAILING
THE FIRST DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE THIRD PARTY
PERSONAL INFORMATION HOLDER'S  OBLIGATIONS  TO  SAFEGUARD  THE  PERSONAL
INFORMATION  UNDER SUCH COMPREHENSIVE INFORMATION SECURITY PROGRAM, THAT
ARE APPROPRIATE TO:
  (A) THE SIZE, SCOPE AND TYPE OF THE  PERSONAL,  BUSINESS,  COMMERCIAL,
CORPORATE,  ASSOCIATION OR GOVERNMENTAL OPERATION OF THE PERSONAL INFOR-
MATION HOLDER OR THIRD PARTY PERSONAL INFORMATION HOLDER;
  (B) THE AMOUNT OF RESOURCES AVAILABLE  TO  SUCH  PERSONAL  INFORMATION
HOLDER OR THIRD PARTY PERSONAL INFORMATION HOLDER;
  (C)  THE AMOUNT OF PERSONAL INFORMATION IN THE CUSTODY OF THE PERSONAL
INFORMATION HOLDER OR THIRD PARTY PERSONAL INFORMATION HOLDER; AND
  (D) THE NEED FOR SECURITY AND CONFIDENTIALITY OF THE PERSONAL INFORMA-
TION.
  3. SAFEGUARDS FOR PROTECTION OF PERSONAL INFORMATION.  THE  SAFEGUARDS
CONTAINED  IN  THE  COMPREHENSIVE  PERSONAL INFORMATION SECURITY PROGRAM
REQUIRED BY THIS SECTION MUST BE  CONSISTENT  WITH  THE  SAFEGUARDS  FOR
PROTECTION  OF PERSONAL INFORMATION AND INFORMATION OF A SIMILAR CHARAC-
TER SET FORTH IN ANY STATE OR FEDERAL REGULATIONS  BY  WHICH  HOLDER  OF
PERSONAL INFORMATION MAY BE REGULATED.
  4.  REQUIREMENTS FOR COMPREHENSIVE SECURITY PROGRAMS. EVERY COMPREHEN-
SIVE INFORMATION SECURITY PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMIT-
ED TO:
  (A) DESIGNATING ONE OR MORE PERSONS, OR IN THE CASE OF A BUSINESS  ONE
OR  MORE  EMPLOYEES,  TO MAINTAIN THE COMPREHENSIVE INFORMATION SECURITY
PROGRAM;
  (B) CLEARLY IDENTIFYING AND ASSESSING REASONABLY FORESEEABLE  INTERNAL
AND EXTERNAL RISKS TO THE SECURITY, CONFIDENTIALITY, AND/OR INTEGRITY OF
ANY  ELECTRONIC  INFORMATION,  PAPER-BASED  INFORMATION OR OTHER RECORDS
CONTAINING PERSONAL INFORMATION, IN THE CUSTODY OF THE PERSONAL INFORMA-
TION RECIPIENT, AND  EVALUATING  AND  IMPROVING,  WHERE  NECESSARY,  THE
EFFECTIVENESS OF THE CURRENT SAFEGUARDS FOR LIMITING SUCH RISKS, INCLUD-
ING BUT NOT LIMITED TO:
  (I) ONGOING PERSONAL, VOLUNTEER, AND/OR EMPLOYEE TRAINING;
  (II) PERSONAL, VOLUNTEER, AND/OR EMPLOYEE COMPLIANCE WITH POLICIES AND
PROCEDURES;
  (III)  THE  MEANS  FOR DETECTING AND PREVENTING SECURITY SYSTEM RISKS;
AND/OR
  (IV) THE MEANS FOR DETECTING AND PREVENTING SECURITY SYSTEM FAILURES;
  (C)  DEVELOPING  SECURITY  POLICIES  FOR  PERSONS,  VOLUNTEERS  AND/OR
EMPLOYEES  RELATING TO THE STORAGE, ACCESS AND TRANSPORTATION OF RECORDS
CONTAINING PERSONAL INFORMATION ON THE PREMISES OF THE PERSONAL INFORMA-
TION RECIPIENT;
  (D)  DEVELOPING  SECURITY  POLICIES  FOR  PERSONS,  VOLUNTEERS  AND/OR
EMPLOYEES  RELATING TO THE STORAGE, ACCESS AND TRANSPORTATION OF RECORDS
CONTAINING PERSONAL INFORMATION OUTSIDE THE  PREMISES  OF  THE  PERSONAL
INFORMATION RECIPIENT;
  (E) IMPOSING DISCIPLINARY MEASURES FOR VIOLATIONS OF THE COMPREHENSIVE
INFORMATION SECURITY PROGRAM RULES;

S. 6405--B                         56

  (F)  PREVENTING  DISASSOCIATED PERSONS OR VOLUNTEERS, AND/OR FORMER OR
TERMINATED EMPLOYEES FROM ACCESSING RECORDS CONTAINING PERSONAL INFORMA-
TION;
  (G) OVERSIGHT OF THIRD PARTY HOLDERS OF PERSONAL INFORMATION, BY:
  (I)  TAKING REASONABLE STEPS TO SELECT AND RETAIN THIRD PARTY PERSONAL
INFORMATION HOLDERS THAT ARE CAPABLE OF MAINTAINING APPROPRIATE SECURITY
MEASURES TO PROTECT SUCH PERSONAL INFORMATION CONSISTENT WITH THIS ARTI-
CLE AND ANY OTHER APPLICABLE FEDERAL OR STATE STATUTES  OR  REGULATIONS;
AND
  (II)  REQUIRING  SUCH  THIRD-PARTY  INFORMATION HOLDERS BY CONTRACT TO
IMPLEMENT AND MAINTAIN SUCH APPROPRIATE SECURITY MEASURES  FOR  PERSONAL
INFORMATION;
  (H)  REASONABLE  RESTRICTIONS  UPON  PHYSICAL ACCESS TO ANY ELECTRONIC
INFORMATION,  PAPER-BASED  INFORMATION  OR  OTHER   RECORDS   CONTAINING
PERSONAL INFORMATION, AND STORAGE OF SUCH INFORMATION AND/OR RECORDS AND
DATA IN LOCKED FACILITIES, STORAGE AREAS OR CONTAINERS;
  (I)  REGULAR  MONITORING  TO ENSURE THAT THE COMPREHENSIVE INFORMATION
SECURITY PROGRAM IS OPERATING  IN  A  MANNER  REASONABLY  CALCULATED  TO
PREVENT  UNAUTHORIZED ACCESS TO, OR UNAUTHORIZED USE OF, PERSONAL INFOR-
MATION; AND UPGRADING INFORMATION SAFEGUARDS AS NECESSARY TO  LIMIT  AND
MINIMIZE SUCH RISKS;
  (J)  REVIEWING  THE SCOPE OF THE SECURITY MEASURES NOT LESS THAN QUAR-
TERLY, OR WHENEVER THERE IS A MATERIAL CHANGE IN THE PERSONAL, BUSINESS,
COMMERCIAL, CORPORATE, ASSOCIATION OR GOVERNMENTAL  OPERATION  PRACTICES
OF  THE  PERSONAL  INFORMATION  RECIPIENT THAT MAY REASONABLY EFFECT THE
SECURITY OR INTEGRITY OF RECORDS CONTAINING PERSONAL INFORMATION;
  (K) DOCUMENTING RESPONSIVE ACTIONS TO BE TAKEN IN CONNECTION WITH  ANY
INCIDENT  INVOLVING  A  BREACH  OF SECURITY, AND MANDATORY POST-INCIDENT
REVIEW OF EVENTS AND ACTIONS TAKEN, IF  ANY,  TO  MAKE  CHANGES  IN  THE
PERSONAL,  BUSINESS,  COMMERCIAL, CORPORATE, ASSOCIATION OR GOVERNMENTAL
OPERATION PRACTICES OF THE PERSONAL INFORMATION RECIPIENT,  RELATING  TO
PROTECTION OF PERSONAL INFORMATION; AND
  (L)   DETAILING   ALL   PHYSICAL  SECURITY,  SECURITY  PROTOCOLS,  AND
ENCRYPTION METHODS THAT WILL BE USED BY THE PERSONAL INFORMATION RECIPI-
ENT TO SAFEGUARD THE PERSONAL INFORMATION.
  S 404. APPROVAL OF COMPREHENSIVE SECURITY PROGRAMS.   1.  APPROVAL  OF
COMPREHENSIVE  SECURITY  PROGRAMS.  ON OR BEFORE THE FIRST DAY OF APRIL,
EVERY FIRST DEGREE PERSONAL INFORMATION HOLDER AND  EVERY  FIRST  DEGREE
THIRD  PARTY  PERSONAL  INFORMATION  HOLDER  SHALL  ANNUALLY  SUBMIT ITS
COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM FOR APPROVAL TO  THE
APPROPRIATE APPROVAL ENTITY, AS FOLLOWS:
  (A)  THE  APPROPRIATE  APPROVAL  ENTITY  FOR ANY FIRST DEGREE PERSONAL
INFORMATION HOLDER OR FIRST  DEGREE  THIRD  PARTY  PERSONAL  INFORMATION
HOLDER  REGULATED BY A STATE AGENCY SHALL BE THE CHIEF INFORMATION OFFI-
CER OF SUCH REGULATING STATE AGENCY.
  (B) THE APPROPRIATE APPROVAL ENTITY  FOR  ANY  FIRST  DEGREE  PERSONAL
INFORMATION  HOLDER  OR  FIRST  DEGREE  THIRD PARTY PERSONAL INFORMATION
HOLDER NOT REGULATED BY A STATE AGENCY, OR REGULATED BY A  STATE  AGENCY
THAT  DOES  NOT MAINTAIN A CHIEF INFORMATION OFFICER, SHALL BE THE CHIEF
INFORMATION OFFICER OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES.
  (C) THE COMPREHENSIVE SECURITY PROGRAM SUBMITTED BY THE  FIRST  DEGREE
PERSONAL  INFORMATION  HOLDER  OR  THE FIRST DEGREE THIRD PARTY PERSONAL
INFORMATION HOLDER, SHALL  BE  SUBMITTED  IN  THE  FORM  AND  MANNER  AS
REQUIRED BY THE APPROPRIATE APPROVAL ENTITY.
  (D)  IF  THE  ENTITY  TO  WHICH  THE COMPREHENSIVE SECURITY PROGRAM IS
SUBMITTED, DETERMINES THAT IT IS NOT THE  APPROPRIATE  APPROVAL  ENTITY,

S. 6405--B                         57

THEN  SUCH  ENTITY TO WHICH THE PROGRAM WAS SUBMITTED FOR APPROVAL SHALL
FORWARD SUCH SUBMISSION TO THE APPROPRIATE  APPROVAL  ENTITY  AND  SHALL
PROVIDE  WRITTEN  NOTIFICATION  TO THE FIRST DEGREE PERSONAL INFORMATION
HOLDER  OR  FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER SUBMIT-
TING THE PROGRAM FOR APPROVAL OF  SUCH  FORWARDING,  AND  SUCH  ORIGINAL
SUBMISSION,  MADE  PRIOR TO ANY SUCH NOTIFICATION SHALL BE DEEMED TIMELY
FOR PURPOSES OF THIS ARTICLE.
  (E) IF THE APPROPRIATE APPROVAL ENTITY DOES NOT ISSUE AN  APPROVAL  OR
DENIAL  OF THE COMPREHENSIVE SECURITY PROGRAM BY THE FIRST DAY OF MAY OF
EACH YEAR, WHERE SUCH PROGRAM WAS PROPERLY SUBMITTED TO THE  APPROPRIATE
APPROVAL ENTITY BY THE FIRST DAY OF APRIL OF EACH YEAR, THEN THE COMPRE-
HENSIVE  SECURITY  PROGRAM SHALL BE DEEMED APPROVED, AND WHERE A COMPRE-
HENSIVE SECURITY PROGRAM WAS SUBMITTED TO THE APPROPRIATE APPROVAL ENTI-
TY AFTER THE FIRST DAY OF  APRIL  OF  EACH  YEAR,  AND  THE  APPROPRIATE
APPROVAL  ENTITY  DOES NOT ISSUE AN APPROVAL OR DENIAL OF THE COMPREHEN-
SIVE SECURITY PROGRAM WITHIN FORTY-FIVE  DAYS,  THEN  THE  COMPREHENSIVE
SECURITY PROGRAM SHALL BE DEEMED APPROVED.
  (F)  THE  APPROPRIATE APPROVAL ENTITY SHALL NOT REQUIRE THE PAYMENT OF
ANY FEE OR CHARGE FOR THE SUBMISSION, REVIEW, APPROVAL, DENIAL OR RE-RE-
VIEW OF THE COMPREHENSIVE SECURITY PROGRAM.
  (G) ANY DENIAL OF A COMPREHENSIVE  SECURITY  PROGRAM  SUBMITTED  SHALL
SPECIFY  WHAT  CHANGES  NEED  TO BE MADE TO THE PROGRAM IN ORDER TO GAIN
APPROVAL, AND THE APPROVAL ENTITY  SHALL  WORK  WITH  THE  FIRST  DEGREE
PERSONAL  INFORMATION  HOLDER  OR  THE FIRST DEGREE THIRD PARTY PERSONAL
INFORMATION HOLDER TO DEVELOP AN APPROVED PROGRAM.
  2. POST DENIAL OF APPROVAL OF THE COMPREHENSIVE SECURITY  PROGRAM.  IF
THE  APPROPRIATE  APPROVAL ENTITY AND THE FIRST DEGREE PERSONAL INFORMA-
TION HOLDER OR THE FIRST DEGREE THIRD PARTY PERSONAL INFORMATION  HOLDER
CANNOT REACH AN AGREEMENT TO OBTAIN APPROVAL OF A COMPREHENSIVE SECURITY
PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, WITHIN THIRTY
DAYS  OF  THE  DENIAL, THEN THE APPROPRIATE APPROVAL ENTITY MAY IMPOSE A
COMPREHENSIVE PERSONAL  INFORMATION  SECURITY  PROGRAM  UPON  THE  FIRST
DEGREE  PERSONAL  INFORMATION  HOLDER  OR  THE  FIRST DEGREE THIRD PARTY
PERSONAL INFORMATION HOLDER. THE IMPOSITION OF A COMPREHENSIVE  PERSONAL
INFORMATION  SECURITY  PROGRAM SHALL BE SUBJECT TO ADMINISTRATIVE REVIEW
IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT,  AS  WELL  AS
JUDICIAL   REVIEW   PURSUANT   TO   AN   ACTION  BROUGHT  UNDER  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 405. COMPUTER SYSTEM SECURITY  REQUIREMENTS.    1.  COMPUTER  SYSTEM
SECURITY  PROGRAM.  EVERY  PERSONAL  INFORMATION  HOLDER  OR THIRD PARTY
PERSONAL INFORMATION  HOLDER  WHO  ELECTRONICALLY  STORES  OR  TRANSMITS
PERSONAL  INFORMATION SHALL INCLUDE IN ITS WRITTEN, COMPREHENSIVE INFOR-
MATION SECURITY PROGRAM THE ESTABLISHMENT AND MAINTENANCE OF A  COMPUTER
SECURITY  SYSTEM  PROGRAM  COVERING  ALL  OF  ITS  COMPUTERS, ELECTRONIC
SYSTEMS AND/OR NETWORKS, INCLUDING ANY WIRELESS SYSTEM.
  2. MINIMUM STANDARDS FOR COMPUTER SYSTEM SECURITY PROGRAM. EVERY FIRST
DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE PERSONAL  INFORMATION
HOLDER  MUST ADDITIONALLY, ESTABLISH A COMPUTER SYSTEM SECURITY PROGRAM,
THAT, AT A MINIMUM, AND TO THE  EXTENT  TECHNICALLY  FEASIBLE,  HAS  THE
FOLLOWING ELEMENTS:
  (A) SECURE USER AUTHENTICATION PROTOCOLS INCLUDING:
  (I)  CONTROL OF USER IDS, USER NAMES, PASSWORDS AND OTHER UNIQUE IDEN-
TIFIERS;
  (II) A REASONABLY SECURE METHOD OF ASSIGNING AND SELECTING  PASSWORDS,
OR  USE  OF  UNIQUE IDENTIFIER TECHNOLOGIES, SUCH AS BIOMETRICS OR TOKEN
DEVICES;

S. 6405--B                         58

  (III) CONTROL OF DATA SECURITY PASSWORDS TO ENSURE THAT SUCH PASSWORDS
ARE KEPT IN A LOCATION AND/OR FORMAT THAT DOES NOT COMPROMISE THE  SECU-
RITY OF THE DATA THEY PROTECT;
  (IV)  A  PROGRAM OF RESTRICTING ACCESS TO ACTIVE USERS AND ACTIVE USER
ACCOUNTS ONLY; AND
  (V) A REQUIREMENT TO BLOCK ACCESS TO USER IDENTIFICATION AFTER  MULTI-
PLE  UNSUCCESSFUL  ATTEMPTS  TO  GAIN ACCESS OR THE LIMITATION PLACED ON
ACCESS FOR THE PARTICULAR SYSTEM;
  (B) SECURE ACCESS CONTROL MEASURES THAT:
  (I) RESTRICT ACCESS TO RECORDS AND FILES CONTAINING PERSONAL  INFORMA-
TION TO THOSE WHO NEED SUCH INFORMATION TO PERFORM THEIR JOB DUTIES; AND
  (II)  ASSIGN  UNIQUE  IDENTIFICATIONS  PLUS  PASSWORDS,  WHICH ARE NOT
VENDOR SUPPLIED DEFAULT PASSWORDS, TO EACH PERSON WITH COMPUTER  ACCESS,
THAT  ARE  REASONABLY DESIGNED TO MAINTAIN THE INTEGRITY OF THE SECURITY
OF THE ACCESS CONTROLS;
  (C)  ENCRYPTION  OF  ALL  TRANSMITTED  RECORDS  AND  FILES  CONTAINING
PERSONAL  INFORMATION  THAT  WILL  TRAVEL  ACROSS PUBLIC NETWORKS, OR AN
ALTERNATIVE SYSTEM  OF  DATA  PROTECTION  AND  SECURITY  THAT  HAS  BEEN
ACCEPTED BY COMPUTER INDUSTRY STANDARDS AS EQUIVALENT OR SUPERIOR;
  (D) ENCRYPTION OF ALL DATA CONTAINING PERSONAL INFORMATION TO BE TRAN-
SMITTED  WIRELESSLY,  OR  AN  ALTERNATIVE  SYSTEM OF DATA PROTECTION AND
SECURITY THAT HAS BEEN ACCEPTED BY COMPUTER INDUSTRY STANDARDS AS EQUIV-
ALENT OR SUPERIOR;
  (E) REASONABLE MONITORING OF  SYSTEMS,  FOR  UNAUTHORIZED  USE  OF  OR
ACCESS TO PERSONAL INFORMATION;
  (F)  ENCRYPTION OF ALL PERSONAL INFORMATION STORED ON LAPTOPS OR OTHER
PORTABLE DEVICES, OR AN ALTERNATIVE SYSTEM OF DATA PROTECTION AND  SECU-
RITY THAT HAS BEEN ACCEPTED BY COMPUTER INDUSTRY STANDARDS AS EQUIVALENT
OR SUPERIOR;
  (G)  PROTOCOLS  FOR  ESTABLISHING STATE OF THE ART, AIR-GAPPED SYSTEMS
FOR THE STORAGE AND MAINTENANCE OF PERSONAL INFORMATION, OR AN  ALTERNA-
TIVE  SYSTEM  OF  DATA PROTECTION AND SECURITY THAT HAS BEEN ACCEPTED BY
COMPUTER INDUSTRY STANDARDS AS EQUIVALENT OR SUPERIOR;
  (H) FOR FILES CONTAINING PERSONAL INFORMATION  ON  A  SYSTEM  THAT  IS
CONNECTED TO THE INTERNET, REASONABLY UP-TO-DATE FIREWALL PROTECTION AND
OPERATING  SYSTEM  SECURITY PATCHES, REASONABLY DESIGNED TO MAINTAIN THE
INTEGRITY OF THE PERSONAL INFORMATION, OR AN ALTERNATIVE SYSTEM OF  DATA
PROTECTION  AND  SECURITY  THAT  HAS  BEEN ACCEPTED BY COMPUTER INDUSTRY
STANDARDS AS EQUIVALENT OR SUPERIOR;
  (I) REASONABLY UP-TO-DATE VERSIONS OF SYSTEM SECURITY  AGENT  SOFTWARE
WHICH INCLUDING MALWARE PROTECTION AND REASONABLY UP-TO-DATE PATCHES AND
VIRUS  DEFINITIONS,  OR  A  VERSION  OF  SUCH SOFTWARE THAT CAN STILL BE
SUPPORTED WITH UP-TO-DATE PATCHES AND VIRUS DEFINITIONS, SET TO  RECEIVE
THE  MOST CURRENT SECURITY UPDATES ON A REGULAR BASIS, OR AN ALTERNATIVE
SYSTEM OF DATA PROTECTION AND SECURITY THAT HAS BEEN ACCEPTED BY COMPUT-
ER INDUSTRY STANDARDS AS EQUIVALENT OR SUPERIOR; AND
  (J) EDUCATION AND TRAINING OF PERSONS, VOLUNTEERS AND/OR EMPLOYEES  ON
THE  PROPER  USE  OF  THE COMPUTER SECURITY SYSTEM AND THE IMPORTANCE OF
PERSONAL INFORMATION SECURITY.
  3. REVIEW OF COMPUTER SYSTEM SECURITY PROGRAMS. EVERY PERSONAL  INFOR-
MATION  HOLDER  OR THIRD PARTY PERSONAL INFORMATION HOLDER WHO ELECTRON-
ICALLY STORES OR TRANSMITS SUCH INFORMATION  SHALL  FURTHER  REVIEW  AND
UPDATE ITS WRITTEN, APPROVED, COMPREHENSIVE INFORMATION SECURITY PROGRAM
NOT LESS THAN ANNUALLY, TO INCLUDE ALL FEASIBLE RECENTLY DEVELOPED TECH-
NOLOGICAL  SAFEGUARDS AND PROTOCOLS THAT COULD ENHANCE THE PROTECTION OF
THE COLLECTION, STORAGE AND MAINTENANCE OF SUCH PERSONAL INFORMATION.

S. 6405--B                         59

  S 406. BREACH OF SECURITY.   1. NOTIFICATION OF THE  BUREAU  OF  CYBER
SECURITY  OF  THE  STATE POLICE.   IN ADDITION TO ANY OTHER REQUIREMENTS
PURSUANT TO ANY OTHER PROVISION OF LAW, NOT LATER THAN  TEN  DAYS  AFTER
DISCOVERING  A  SECURITY  BREACH  INVOLVING  PERSONAL  INFORMATION,  ANY
PERSONAL INFORMATION RECIPIENT THAT HAS EXPERIENCED A BREACH OF SECURITY
INVOLVING PERSONAL INFORMATION, SHALL MAKE A COMPREHENSIVE REPORT TO THE
BUREAU  OF  CYBER  SECURITY  OF THE STATE POLICE, IN THE FORM AND MANNER
REQUIRED BY THE BUREAU OF CYBER SECURITY OF THE STATE POLICE,  NOTIFYING
SUCH BUREAU OF THE SECURITY BREACH.
  2.  NOTIFICATION OF COMPREHENSIVE SECURITY PROGRAM APPROVAL ENTITY. IF
SUCH PERSONAL INFORMATION RECIPIENT OR THIRD PARTY PERSONAL  INFORMATION
RECIPIENT  IS  REQUIRED  IN ACCORDANCE WITH SECTION FOUR HUNDRED FOUR OF
THIS ARTICLE, TO OBTAIN APPROVAL OF ITS COMPREHENSIVE SECURITY  PROGRAM,
THEN  SUCH PERSONAL INFORMATION RECIPIENT OR THIRD PARTY PERSONAL INFOR-
MATION RECIPIENT SHALL ALSO MAKE A COMPREHENSIVE REPORT  TO  THE  ENTITY
FROM WHICH THE PERSONAL INFORMATION RECIPIENT OR THIRD PARTY INFORMATION
RECIPIENT  IS REQUIRED TO OBTAIN APPROVAL FOR ITS COMPREHENSIVE SECURITY
PROGRAM, IN THE FORM AND MANNER REQUIRED BY SUCH APPROVAL ENTITY,  NOTI-
FYING SUCH APPROVAL ENTITY OF THE SECURITY BREACH.
  3.  NOTIFICATION  OF THE CHIEF INFORMATION OFFICER. NOT MORE THAN FIVE
DAYS AFTER RECEIVING THE NOTIFICATION REQUIRED PURSUANT TO  SUBDIVISIONS
ONE  OR  TWO  OF THIS SECTION, THE BUREAU OF CYBER SECURITY OF THE STATE
POLICE, AND/OR THE ENTITY REQUIRED TO APPROVE THE COMPREHENSIVE SECURITY
PROGRAM OF THE NOTIFYING PERSONAL INFORMATION RECIPIENT OR  THIRD  PARTY
PERSONAL  INFORMATION  RECIPIENT, SHALL PROVIDE THE COMPREHENSIVE REPORT
PROVIDED TO SUCH BUREAU AND/OR APPROVAL ENTITY TO THE CHIEF  INFORMATION
OFFICER OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES.
  4.  NOTIFICATION  OF PERSONAL INFORMATION SUBJECTS. IN ADDITION TO ANY
OTHER REQUIREMENTS PURSUANT TO ANY OTHER  PROVISION  OF  LAW,  UPON  THE
RECEIPT  OF  THE  COMPREHENSIVE  REPORT REQUIRED BY SUBDIVISION THREE OF
THIS SECTION, THE CHIEF INFORMATION OFFICER OF THE OFFICE OF INFORMATION
TECHNOLOGY SERVICES MAY REQUIRE, IN A  SPECIFIED  TIMEFRAME,  AND  IN  A
SPECIFIED  FORM  AND  MANNER, THAT THE PERSONAL INFORMATION RECIPIENT OR
THIRD PARTY PERSONAL INFORMATION RECIPIENT NOTIFY ALL PERSONAL  INFORMA-
TION  SUBJECTS  OF  THE  FACT  THAT  THERE HAS BEEN A BREACH OF SECURITY
INVOLVING THEIR PERSONAL INFORMATION.
  S 407. CAUSES OF ACTION.  1. LIMITATION ON CIVIL ACTIONS. ANY PERSONAL
INFORMATION SUBJECT, AS DEFINED  BY  SUBDIVISION  ONE  OF  SECTION  FOUR
HUNDRED  ONE  OF  THIS  ARTICLE,  MAY  BRING  A  CIVIL ACTION, AGAINST A
PERSONAL INFORMATION RECIPIENT, AS DEFINED BY SUBDIVISION TWO OF SECTION
FOUR HUNDRED ONE OF THIS ARTICLE IN THE SUPREME COURT OF ANY  COUNTY  IN
WHICH  THE  PERSONAL  INFORMATION RECIPIENT RESIDES OR CONDUCTS BUSINESS
OPERATIONS, FOR DAMAGES OR EQUITABLE RELIEF, ARISING FROM  A  BREACH  OF
SECURITY, AS DEFINED BY SUBDIVISION SEVEN OF SECTION FOUR HUNDRED ONE OF
THIS  ARTICLE,  AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A
CIVIL ACTION FOR DAMAGES OR  EQUITABLE  RELIEF,  MAY  NOT,  HOWEVER,  BE
BROUGHT  BY  A PERSONAL INFORMATION SUBJECT, IN ANY OTHER STATE COURT OF
COMPETENT JURISDICTION, OTHER THAN IN ACCORDANCE WITH THE PROVISIONS  OF
THIS SECTION, IF SUCH CIVIL ACTION ARISES OUT OF A BREACH OF SECURITY BY
A PERSONAL INFORMATION RECIPIENT.
  2. CIVIL ACTIONS THAT MAY BE BROUGHT BY A PERSONAL INFORMATION SUBJECT
AGAINST A PERSONAL INFORMATION RECIPIENT.
  (A) TIMELINESS OF ACTIONS. A CIVIL ACTION MAY BE BROUGHT IN ACCORDANCE
WITH  THIS  SECTION  IF SUCH CIVIL ACTION IS BROUGHT WITHIN SIX YEARS OF
THE DATE OF THE REPORTING OF THE  BREACH  OF  SECURITY  AS  REQUIRED  BY
SECTION FOUR HUNDRED SIX OF THIS ARTICLE, OR IN THE EVENT NO SUCH REPORT

S. 6405--B                         60

WAS  EVER  MADE,  WITHIN ANY TIME AFTER THE DATE OF THE DISCOVERY OF THE
BREACH OF SECURITY BY THE PERSONAL INFORMATION SUBJECT.
  (B)  EQUITABLE  ACTION.  ANY  ACTION  BROUGHT  IN ACCORDANCE WITH THIS
SECTION, MAY SEEK EITHER DAMAGES OR  EQUITABLE  RELIEF.  IF  A  PERSONAL
INFORMATION  SUBJECT  SEEKS  EQUITABLE  RELIEF  FOR A BREACH OF SECURITY
INVOLVING A SECURITY BREACH OF  PERSONAL  INFORMATION  FROM  A  PERSONAL
INFORMATION  RECIPIENT,  AND  THE  COURT  DETERMINES THAT SUCH EQUITABLE
RELIEF IS JUST AND PROPER AND SHOULD BE AWARDED,  THEN  IN  ADDITION  TO
SUCH EQUITABLE RELIEF, THE COURT MAY ALSO AWARD THE PERSONAL INFORMATION
SUBJECT COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION.
  (C)  ACTIONS  INVOLVING DAMAGES. ANY ACTION BROUGHT IN ACCORDANCE WITH
THIS SECTION, SEEKING DAMAGES FOR A BREACH OF SECURITY INVOLVING A SECU-
RITY BREACH OF PERSONAL INFORMATION FROM A A PERSONAL INFORMATION RECIP-
IENT, SHALL BE BROUGHT AS FOLLOWS:
  (I) FIRST DEGREE PERSONAL INFORMATION HOLDERS OR  FIRST  DEGREE  THIRD
PARTY  PERSONAL  INFORMATION HOLDERS WITH ANNUAL REVENUES OF TEN MILLION
DOLLARS OR MORE. ANY FIRST DEGREE PERSONAL INFORMATION HOLDER  OR  FIRST
DEGREE  THIRD  PARTY  PERSONAL INFORMATION HOLDER, THAT HAS GROSS ANNUAL
REVENUES OF TEN MILLION DOLLARS OR MORE, AND THAT FAILS TO MAINTAIN  THE
STANDARDS  FOR  THE PROTECTION OF PERSONAL INFORMATION AS ESTABLISHED IN
ITS COMPREHENSIVE INFORMATION SECURITY PROGRAM, OR THAT FAILS  TO  MAIN-
TAIN  A  COMPREHENSIVE SECURITY PROGRAM AS REQUIRED BY THIS ARTICLE, AND
THAT EXPERIENCES A BREACH OF SECURITY INVOLVING SUCH  PERSONAL  INFORMA-
TION,  SHALL BE LIABLE IN A CIVIL ACTION BROUGHT IN ACCORDANCE WITH THIS
SECTION, FOR DAMAGES, IF THE PERSONAL INFORMATION  SUBJECT  INVOLVED  IN
THE  BREACH OF SECURITY SUSTAINS ANY DAMAGES AS A RESULT OF SUCH BREACH,
IN THE AMOUNT OF THREE TIMES THE AMOUNT OF SUCH DAMAGES SO SUSTAINED, OR
AN AMOUNT OF UP TO TEN THOUSAND DOLLARS, WHICHEVER IS GREATER,  TOGETHER
WITH  COSTS,  DISBURSEMENTS  AND ATTORNEYS FEES OF THE ACTION, OR IN THE
EVENT THAT ANY PERSONAL INFORMATION SUBJECT INVOLVED IN  THE  BREACH  OF
SECURITY  SUSTAINS  A PUBLIC DISCLOSURE OF THEIR MEDICAL INFORMATION, AS
DEFINED IN SUBPARAGRAPH (V) OF  PARAGRAPH  (A)  OF  SUBDIVISION  SIX  OF
SECTION FOUR HUNDRED ONE OF THIS ARTICLE, THEN SUCH PERSONAL INFORMATION
SUBJECT MAY BE AWARDED A RECOVERY IN THE AMOUNT OF UP TO THREE TIMES THE
AMOUNT  OF  ANY  DAMAGES SUSTAINED AS A RESULT OF THE DISCLOSURE OF SUCH
MEDICAL INFORMATION, OR AN AMOUNT OF UP TO TWENTY-FIVE THOUSAND DOLLARS,
WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS  AND  ATTORNEYS
FEES OF THE ACTION.  WHERE THE COURT FINDS THAT THE PERSONAL INFORMATION
HOLDER  OR  A  THIRD  PARTY  PERSONAL  INFORMATION HOLDER, INTENTIONALLY
FAILED TO ESTABLISH A COMPREHENSIVE  INFORMATION  SECURITY  PROGRAM,  OR
INTENTIONALLY  FAILED  TO  SEEK  AND OBTAIN APPROVAL FOR A COMPREHENSIVE
INFORMATION SECURITY PROGRAM, WHERE REQUIRED, OR INTENTIONALLY FAILED TO
MAINTAIN THE STANDARDS FOR THE PROTECTION  OF  PERSONAL  INFORMATION  AS
ESTABLISHED  IN ITS COMPREHENSIVE INFORMATION SECURITY PROGRAM, THEN THE
COURT MAY ALSO AWARD PUNITIVE DAMAGES TO  THE  PLAINTIFF  OF  AN  ACTION
BROUGHT  UNDER  THIS SUBDIVISION IN THE AMOUNT NOT TO EXCEED TWO HUNDRED
FIFTY THOUSAND DOLLARS.
  (II) FIRST DEGREE PERSONAL INFORMATION HOLDERS AND FIRST DEGREE  THIRD
PARTY  PERSONAL  INFORMATION HOLDERS WITH ANNUAL REVENUES OF BETWEEN ONE
MILLION DOLLARS AND TEN  MILLION  DOLLARS.  ANY  FIRST  DEGREE  PERSONAL
INFORMATION  HOLDER  OR  A THIRD PARTY PERSONAL INFORMATION HOLDER, THAT
HAS GROSS ANNUAL REVENUES OF NOT LESS THAN ONE MILLION DOLLARS BUT  LESS
THAN  TEN  MILLION DOLLARS, AND THAT FAILS TO MAINTAIN THE STANDARDS FOR
THE PROTECTION OF PERSONAL INFORMATION AS ESTABLISHED IN ITS  COMPREHEN-
SIVE  INFORMATION  SECURITY PROGRAM, OR THAT FAILS TO MAINTAIN A COMPRE-
HENSIVE SECURITY PROGRAM AS REQUIRED BY THIS ARTICLE, AND  THAT  EXPERI-

S. 6405--B                         61

ENCES A BREACH OF SECURITY INVOLVING SUCH PERSONAL INFORMATION, SHALL BE
LIABLE  IN  A  CIVIL ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION, FOR
DAMAGES, IF THE PERSONAL INFORMATION SUBJECT INVOLVED IN THE  BREACH  OF
SECURITY  SUSTAINS ANY DAMAGES AS A RESULT OF SUCH BREACH, IN THE AMOUNT
OF THREE TIMES THE AMOUNT OF SUCH DAMAGES SO SUSTAINED, OR AN AMOUNT  OF
UP  TO FIVE THOUSAND DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS,
DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION, OR IN THE EVENT THAT ANY
PERSONAL INFORMATION SUBJECT INVOLVED IN THE BREACH OF SECURITY SUSTAINS
A PUBLIC DISCLOSURE OF THEIR MEDICAL INFORMATION, AS DEFINED IN SUBPARA-
GRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION SIX OF  SECTION  FOUR  HUNDRED
ONE  OF  THIS  ARTICLE,  THEN  SUCH  PERSONAL INFORMATION SUBJECT MAY BE
AWARDED A RECOVERY IN THE AMOUNT OF UP TO THREE TIMES THE AMOUNT OF  ANY
DAMAGES SUSTAINED AS A RESULT OF THE DISCLOSURE OF SUCH MEDICAL INFORMA-
TION,  OR AN AMOUNT OF UP TO TEN THOUSAND DOLLARS, WHICHEVER IS GREATER,
TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS  FEES  OF  THE  ACTION.
WHERE  THE  COURT  FINDS THAT THE PERSONAL INFORMATION HOLDER OR A THIRD
PARTY PERSONAL INFORMATION HOLDER, INTENTIONALLY FAILED TO  ESTABLISH  A
COMPREHENSIVE  INFORMATION  SECURITY PROGRAM, OR INTENTIONALLY FAILED TO
SEEK AND  OBTAIN  APPROVAL  FOR  A  COMPREHENSIVE  INFORMATION  SECURITY
PROGRAM,  WHERE REQUIRED, OR INTENTIONALLY FAILED TO MAINTAIN THE STAND-
ARDS FOR THE PROTECTION OF PERSONAL INFORMATION AS  ESTABLISHED  IN  ITS
COMPREHENSIVE  INFORMATION  SECURITY  PROGRAM,  THEN  THE COURT MAY ALSO
AWARD PUNITIVE DAMAGES TO THE PLAINTIFF OF AN ACTION BROUGHT UNDER  THIS
SUBDIVISION IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS.
  (III) PERSONAL INFORMATION HOLDERS AND THIRD PARTY INFORMATION HOLDERS
WITH  ANNUAL  REVENUES  OF  LESS  THAN ONE MILLION DOLLARS. ANY PERSONAL
INFORMATION HOLDER OR A THIRD PARTY PERSONAL  INFORMATION  HOLDER,  THAT
HAS  ANNUAL  GROSS  REVENUES  OF LESS THAN ONE MILLION DOLLARS, AND THAT
FAILS TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF PERSONAL  INFORMA-
TION  AS  ESTABLISHED IN ITS COMPREHENSIVE INFORMATION SECURITY PROGRAM,
OR THAT FAILS TO MAINTAIN A COMPREHENSIVE SECURITY PROGRAM  AS  REQUIRED
BY  THIS  ARTICLE,  AND  THAT EXPERIENCES A BREACH OF SECURITY INVOLVING
SUCH PERSONAL INFORMATION, SHALL BE LIABLE IN A CIVIL ACTION FOR DAMAGES
BROUGHT IN ACCORDANCE WITH THIS SECTION, IN THE AMOUNT OF  SUCH  DAMAGES
SO  SUSTAINED,  OR AN AMOUNT OF UP TO ONE THOUSAND DOLLARS, WHICHEVER IS
GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS  FEES  OF  THE
ACTION,  OR  IN THE EVENT THAT ANY PERSONAL INFORMATION SUBJECT INVOLVED
IN THE BREACH OF SECURITY SUSTAINS A PUBLIC DISCLOSURE OF THEIR  MEDICAL
INFORMATION, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVI-
SION SIX OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, THEN SUCH PERSONAL
INFORMATION  SUBJECT  MAY  BE  AWARDED  A  RECOVERY IN THE AMOUNT OF ANY
DAMAGES SUSTAINED AS A RESULT OF THE DISCLOSURE OF SUCH MEDICAL INFORMA-
TION, OR AN AMOUNT OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS, WHICHEVER
IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE
ACTION.
  (IV) PERSONAL INFORMATION COLLECTORS. ANY PERSONAL INFORMATION COLLEC-
TOR, THAT FAILS TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF PERSONAL
INFORMATION AS ESTABLISHED IN  ITS  COMPREHENSIVE  INFORMATION  SECURITY
PROGRAM,  OR  THAT FAILS TO MAINTAIN A COMPREHENSIVE SECURITY PROGRAM AS
REQUIRED BY THIS ARTICLE, AND THAT  EXPERIENCES  A  BREACH  OF  SECURITY
INVOLVING  SUCH  PERSONAL INFORMATION, SHALL BE LIABLE IN A CIVIL ACTION
FOR DAMAGES BROUGHT IN ACCORDANCE WITH THIS SECTION, IN  THE  AMOUNT  OF
SUCH  DAMAGES  SO SUSTAINED, OR AN AMOUNT OF UP TO ONE THOUSAND DOLLARS,
WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS  AND  ATTORNEYS
FEES  OF  THE  ACTION,  OR  IN  THE  EVENT THAT ANY PERSONAL INFORMATION
SUBJECT INVOLVED IN THE BREACH OF SECURITY SUSTAINS A PUBLIC  DISCLOSURE

S. 6405--B                         62

OF  THEIR  MEDICAL  INFORMATION, AS DEFINED IN SUBPARAGRAPH (V) OF PARA-
GRAPH (A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED ONE OF  THIS  ARTI-
CLE, THEN SUCH PERSONAL INFORMATION SUBJECT MAY BE AWARDED A RECOVERY IN
THE  AMOUNT  OF  ANY  DAMAGES SUSTAINED AS A RESULT OF THE DISCLOSURE OF
SUCH MEDICAL INFORMATION, OR AN  AMOUNT  OF  UP  TO  TWO  THOUSAND  FIVE
HUNDRED  DOLLARS,  WHICHEVER  IS GREATER, TOGETHER WITH COSTS, DISBURSE-
MENTS AND ATTORNEYS FEES OF THE ACTION.
  S 408. LIABILITY PROTECTION.  1. LIABILITY PROTECTION IT  SHALL  BE  A
COMPLETE  DEFENSE TO ANY CIVIL ACTION BROUGHT IN ACCORDANCE WITH SECTION
FOUR HUNDRED SEVEN OF THIS ARTICLE, BY A PERSONAL  INFORMATION  SUBJECT,
AGAINST A PERSONAL INFORMATION RECIPIENT, THAT SUCH PERSONAL INFORMATION
RECIPIENT,  ESTABLISHED AND MAINTAINED A COMPREHENSIVE PERSONAL INFORMA-
TION SECURITY PROGRAM, AS REQUIRED BY THIS  ARTICLE,  AND  FOLLOWED  AND
COMPLIED  WITH ALL PROVISIONS OF SUCH COMPREHENSIVE PERSONAL INFORMATION
SECURITY PROGRAM, AND MAINTAINED, IF REQUIRED, ALL COMPUTER SYSTEM SECU-
RITY REQUIREMENTS, IN ACCORDANCE WITH SECTION FOUR HUNDRED FIVE OF  THIS
ARTICLE,  AND  MAINTAINED,  IF  REQUIRED,  THE  PROPER APPROVAL FOR SUCH
COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM, IN ACCORDANCE  WITH
SECTION  FOUR HUNDRED FOUR OF THIS ARTICLE, AT THE TIME OF THE BREACH OF
SUCH SECURITY.
  2. ANY CIVIL ACTION BROUGHT BY A PERSONAL INFORMATION SUBJECT  AGAINST
A  PERSONAL  INFORMATION  RECIPIENT, IN ANY COURT OF COMPETENT JURISDIC-
TION, INVOLVING DAMAGES ARISING FROM A BREACH OF SECURITY, AS DEFINED IN
SUBDIVISION SEVEN OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE,  THAT  IS
NOT  BROUGHT  IN  ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED
SEVEN OF THIS ARTICLE, SHALL BE  DISMISSED  WITHOUT  PREJUDICE,  AGAINST
SUCH  PERSONAL INFORMATION RECIPIENT, BUT THAT SUCH PERSONAL INFORMATION
SUBJECT MAY BRING A SUBSEQUENT ACTION, IF TIMELY, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION FOUR HUNDRED SIX OF THIS ARTICLE.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                SUBPART G

  Section 1. This act shall be known and may be cited as  the  New  York
state Iran divestment act.
  S  2.  Section  2  of  chapter  1  of the laws 2012 amending the state
finance law and other laws enacting the Iran divestment act of  2012  is
amended to read as follows:
  S 2. The legislature hereby finds and declares all of the following:
  [(a)  Congress  and  the  President  have  determined that the illicit
nuclear activities of the Government of Iran, combined with its develop-
ment of unconventional weapons and ballistic missiles, and  its  support
of  international  terrorism, represent a serious threat to the security
of the United States, Israel, and other United States allies in  Europe,
the Middle East, and around the world.
  (b)  The  International  Atomic  Energy  Agency  has repeatedly called
attention to Iran's unlawful nuclear activities, and, as a  result,  the
United  Nations  Security  Council  has  adopted  a  range  of sanctions
designed to encourage the government of Iran to cease  those  activities
and  comply  with its obligations under the Treaty on the Non-Prolifera-
tion of Nuclear Weapons (commonly known as the  "Nuclear  Non-Prolifera-
tion Treaty").
  (c)  On  July  1,  2010,  President  Barack Obama signed into law H.R.
2194, the "Comprehensive Iran Sanctions, Accountability, and  Divestment
Act of 2010" (Public Law 111-195), which expressly authorizes states and

S. 6405--B                         63

local  governments to prevent investment in, including prohibiting entry
into or renewing contracts with, companies operating  in  Iran's  energy
sector  with  investments that have the result of directly or indirectly
supporting  the  efforts  of  the  government of Iran to achieve nuclear
weapons capability.
  (d) The serious and urgent nature of the threat from Iran demands that
states, local governments, and private institutions work  together  with
the  federal  government  and  American allies to do everything possible
diplomatically, politically,  and  economically  to  prevent  Iran  from
acquiring a nuclear weapons capability.
  (e)  Respect  for  human  rights  in Iran has steadily deteriorated as
demonstrated  by  transparently  fraudulent  elections  and  the  brutal
repression  and  murder,  arbitrary arrests, and show trials of peaceful
dissidents.
  (f) The concerns of the state of New York regarding Iran are  strictly
the  result  of  the actions of the government of Iran and should not be
construed as enmity towards the Iranian people.
  (g) In order to effectively address the need for  the  governments  of
this  state  to  respond  to  the policies of Iran in a uniform fashion,
prohibiting contracts with persons engaged in investment  activities  in
the energy sector of Iran must be accomplished on a statewide basis.
  (h) It is the intent of the legislature to fully implement the author-
ity  granted  under  Section  202  of  the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (Public Law 111-195).]
  (A) THAT THE ILLICIT NUCLEAR ACTIVITIES OF  THE  GOVERNMENT  OF  IRAN,
COMBINED  WITH  ITS  DEVELOPMENT OF UNCONVENTIONAL WEAPONS AND BALLISTIC
MISSILES, AND ITS SUPPORT OF INTERNATIONAL TERRORISM, REPRESENT A  SERI-
OUS  THREAT  TO  THE SECURITY OF THE STATE OF NEW YORK, ITS CITIZENS AND
THEIR PROPERTY;
  (B) THAT IRAN  AND  OTHER  TERRORIST  STATES  AND  ORGANIZATIONS  HAVE
REPEATEDLY  IDENTIFIED  NEW  YORK  STATE  AND  ITS CITIZENS AS A PRIMARY
TARGET FOR TERRORIST ACTIVITIES  AND  ATTACKS,  AND  UNDER  THE  STATE'S
CONSTITUTIONAL POWERS TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, SECURITY
AND  PUBLIC PROTECTION OF ITS CITIZENS AND THEIR PROPERTY, AND UNDER THE
STATE'S CONSTITUTIONAL POWERS TO PROVIDE FOR THE  PROTECTION  AND  REGU-
LATION  OF  ITS  FINANCIAL, BANKING AND INSURANCE SECTORS, AND UNDER THE
STATE'S CONSTITUTIONAL POWERS TO PROVIDE FOR THE  PROTECTION  AND  REGU-
LATION  OF ITS ENVIRONMENT AND NATURAL RESOURCES, NEW YORK STATE HAS THE
LEGAL AUTHORITY TO PREVENT INVESTMENT IN,  INCLUDING  PROHIBITING  ENTRY
INTO  OR  RENEWING  CONTRACTS WITH, COMPANIES OPERATING IN IRAN'S ENERGY
AND FINANCIAL SECTORS WITH INVESTMENTS THAT HAVE THE RESULT OF  DIRECTLY
OR  INDIRECTLY  SUPPORTING  THE  EFFORTS  OF  THE  GOVERNMENT OF IRAN TO
ACHIEVE NUCLEAR WEAPONS CAPABILITY OR TO OTHERWISE  PROMOTE  OR  ADVANCE
TERRORIST  ACTIVITIES  THAT  WILL  TARGET  OR AFFECT NEW YORK STATE, ITS
CITIZENS OR THEIR PROPERTY;
  (C) THAT THE SERIOUS AND URGENT NATURE OF THE THREAT FROM IRAN DEMANDS
THAT STATES, LOCAL GOVERNMENTS, AND PRIVATE INSTITUTIONS  WORK  TOGETHER
WITH  THE FEDERAL GOVERNMENT AND AMERICAN ALLIES TO DO EVERYTHING POSSI-
BLE DIPLOMATICALLY, POLITICALLY, AND ECONOMICALLY TO PREVENT  IRAN  FROM
ACQUIRING  A  NUCLEAR  WEAPONS  CAPABILITY  OR  TO  OTHERWISE PROMOTE OR
ADVANCE TERRORIST ACTIVITIES THAT WILL TARGET OR AFFECT NEW YORK  STATE,
ITS CITIZENS OR THEIR PROPERTY;
  (D)  THAT IRAN HAS REPEATEDLY DEMONSTRATED AN INTENT TO PURSUE AND USE
NUCLEAR WEAPONS, WEAPONS OF MASS DESTRUCTION, AND TO PROMOTE OR  ADVANCE
TERRORIST ACTIVITIES ACROSS THE WORLD;

S. 6405--B                         64

  (E) THAT RESPECT FOR HUMAN RIGHTS IN IRAN HAS STEADILY DETERIORATED AS
DEMONSTRATED  BY  TRANSPARENTLY  FRAUDULENT  ELECTIONS  AND  THE  BRUTAL
REPRESSION AND MURDER, ARBITRARY ARRESTS, AND SHOW  TRIALS  OF  PEACEFUL
DISSIDENTS;
  (F)  THAT  THE  CONCERNS  OF  THE STATE OF NEW YORK REGARDING IRAN ARE
STRICTLY THE RESULT OF THE ACTIONS OF THE GOVERNMENT OF IRAN AND  SHOULD
NOT BE CONSTRUED AS ENMITY TOWARDS THE IRANIAN PEOPLE;
  (G)  THAT IN ORDER TO EFFECTIVELY ADDRESS THE NEED FOR THE GOVERNMENTS
OF THIS STATE TO RESPOND TO THE POLICIES OF IRAN IN A  UNIFORM  FASHION,
PROHIBITING  CONTRACTS  WITH PERSONS ENGAGED IN INVESTMENT ACTIVITIES IN
THE ENERGY AND FINANCIAL SECTORS OF  IRAN  MUST  BE  ACCOMPLISHED  ON  A
STATEWIDE BASIS;
  (H)  THAT  TERRORISTS HAVE CONTINUED TO USE IRAN AS THEIR SAFE HARBOR,
THAT THE IRANIAN GOVERNMENT HAS FAILED TO ADDRESS THE SPREAD OF  TERROR-
IST  ACTIVITIES,  AND  THAT HUMAN RIGHTS VIOLATIONS ARE IN IRAN ARE, AND
CONTINUE TO BE RAMPANT; AND
  (I) THAT THE SERIOUS AND URGENT NATURE OF THE  CONTINUED  THREAT  FROM
IRAN,  FOR  THE  STATE  OF  NEW  YORK,  ITS CITIZENS AND THEIR PROPERTY,
DEMANDS THAT OUR STATE, LOCAL GOVERNMENTS AND PRIVATE INSTITUTIONS  WORK
TOGETHER  TO  CONTINUE  TO  DO ALL WITHIN ITS LEGAL POWER TO ENSURE THAT
IRAN DOES NOT HAVE THE RESOURCES TO ACQUIRE NUCLEAR  WEAPONS  CAPABILITY
AND THAT IT CEASE ITS PROMOTION AND ADVANCEMENT OF TERRORIST ACTIVITIES.
  S  3.  Paragraph  (b)  of  subdivision 1 of section 165-a of the state
finance law, as added by chapter 1 of the laws of 2012,  is  amended  to
read as follows:
  (b)  "Financial  institution" means [the term as used in Section 14 of
the Iran Sanctions Act of 1996  (Public  Law  104-172;  50  U.S.C.  1701
note).]:
  (1) A BANKING ORGANIZATION AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
TWO OF THE BANKING LAW;
  (2) A SECURITIES FIRM, INCLUDING A BROKER OR DEALER;
  (3)  ANY  INSURANCE  COMPANY, INCLUDING ANY COMPANY, AGENT, BROKER, OR
UNDERWRITER, LICENSED  OR  REGULATED  BY  THE  DEPARTMENT  OF  FINANCIAL
SERVICES PURSUANT TO THE INSURANCE LAW; AND/OR
  (4)  ANY OTHER COMPANY THAT PROVIDES A FINANCIAL PRODUCT OR SERVICE AS
DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED FOUR OF THE  FINANCIAL
SERVICES LAW.
  S 4. Subparagraph 2 of paragraph (e) of subdivision 1 of section 165-a
of  the state finance law, as added by chapter 1 of the laws of 2012, is
amended to read as follows:
  (2) Any  governmental  entity  or  instrumentality  of  a  government,
including [a multilateral development institution, as defined in Section
1701(c)(3)  of  the  International Financial Institutions Act (22 U.S.C.
262r(c)(3))] THE INTERNATIONAL BANK FOR RECONSTRUCTION AND  DEVELOPMENT,
THE  EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT, THE INTERNATIONAL
DEVELOPMENT ASSOCIATION,  THE  INTERNATIONAL  FINANCE  CORPORATION,  THE
MULTILATERAL  INVESTMENT GUARANTEE AGENCY, THE AFRICAN DEVELOPMENT BANK,
THE AFRICAN DEVELOPMENT FUND, THE ASIAN DEVELOPMENT BANK, THE  INTER-AM-
ERICAN  DEVELOPMENT BANK, THE BANK FOR ECONOMIC COOPERATION AND DEVELOP-
MENT IN THE MIDDLE EAST AND NORTH AFRICA, AND THE INTER-AMERICAN INVEST-
MENT CORPORATION.
  S 5. Subdivision 6 of section 165-a of the state finance law, as added
by chapter 1 of the laws of 2012, is amended to read as follows:
  6. The commissioner shall report to the governor and  the  legislature
annually  on  or  before  October  first,  on the status of the [federal
"Comprehensive Iran Sanctions, Accountability,  and  Divestment  Act  of

S. 6405--B                         65

2010"  (Public  Law  111-195),  "the  Iran  divestment  act  of  2012",]
PROVISIONS OF THE NEW YORK STATE IRAN DIVESTMENT ACT and  any  rules  or
regulations adopted thereunder.
  S  6. Section 1 of chapter 481 of the laws of 2013 amending the insur-
ance law relating to investments in foreign states sponsoring terrorism,
is amended to read as follows:
  Section 1. The legislature finds and declares all of the following:
  [(1) The Federal Securities and  Exchange  Commission  has  determined
that  investments  in foreign states sponsoring terrorism, such as Iran,
that are subject to sanctions by the United States, may materially  harm
the  share value of foreign companies. Shares in these foreign companies
may be held in the portfolio of insurance companies issuing policies  to
New York consumers.
  (2)  Publicly  traded companies in the United States are substantially
restricted in doing business in or with foreign states,  such  as  Iran,
that  the United States Department of State has identified as sponsoring
terrorism.
  (3) Identifying persons with investments in foreign  states,  such  as
Iran,  that  sponsor  terrorism  and ensuring that those investments are
financially sound is an important public policy priority.
  (4) It is the government of Iran, and not the people of Iran, that  is
responsible  for  Iran's support of terrorism and that commits egregious
violations of human rights under which its own citizens are required  to
live.]
 (A)  THAT  THE  ILLICIT  NUCLEAR  ACTIVITIES OF THE GOVERNMENT OF IRAN,
COMBINED WITH ITS DEVELOPMENT OF UNCONVENTIONAL  WEAPONS  AND  BALLISTIC
MISSILES,  AND ITS SUPPORT OF INTERNATIONAL TERRORISM, REPRESENT A SERI-
OUS THREAT TO THE SECURITY OF THE STATE OF NEW YORK,  ITS  CITIZENS  AND
THEIR PROPERTY;
  (B)  THAT  IRAN  AND  OTHER  TERRORIST  STATES  AND ORGANIZATIONS HAVE
REPEATEDLY IDENTIFIED NEW YORK STATE  AND  ITS  CITIZENS  AS  A  PRIMARY
TARGET  FOR  TERRORIST  ACTIVITIES  AND  ATTACKS,  AND UNDER THE STATE'S
CONSTITUTIONAL POWERS TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, SECURITY
AND PUBLIC PROTECTION OF ITS CITIZENS AND THEIR PROPERTY, AND UNDER  THE
STATE'S  CONSTITUTIONAL  POWERS  TO PROVIDE FOR THE PROTECTION AND REGU-
LATION OF ITS FINANCIAL, BANKING AND INSURANCE SECTORS,  AND  UNDER  THE
STATE'S  CONSTITUTIONAL  POWERS  TO PROVIDE FOR THE PROTECTION AND REGU-
LATION OF ITS ENVIRONMENT AND NATURAL RESOURCES, NEW YORK STATE HAS  THE
LEGAL  AUTHORITY  TO  PREVENT INVESTMENT IN, INCLUDING PROHIBITING ENTRY
INTO OR RENEWING CONTRACTS WITH, COMPANIES OPERATING  IN  IRAN'S  ENERGY
AND  FINANCIAL SECTORS WITH INVESTMENTS THAT HAVE THE RESULT OF DIRECTLY
OR INDIRECTLY SUPPORTING THE  EFFORTS  OF  THE  GOVERNMENT  OF  IRAN  TO
ACHIEVE  NUCLEAR  WEAPONS  CAPABILITY OR TO OTHERWISE PROMOTE OR ADVANCE
TERRORIST ACTIVITIES THAT WILL TARGET OR  AFFECT  NEW  YORK  STATE,  ITS
CITIZENS OR THEIR PROPERTY;
  (C) THAT THE SERIOUS AND URGENT NATURE OF THE THREAT FROM IRAN DEMANDS
THAT  STATES,  LOCAL GOVERNMENTS, AND PRIVATE INSTITUTIONS WORK TOGETHER
WITH THE FEDERAL GOVERNMENT AND AMERICAN ALLIES TO DO EVERYTHING  POSSI-
BLE  DIPLOMATICALLY,  POLITICALLY, AND ECONOMICALLY TO PREVENT IRAN FROM
ACQUIRING A NUCLEAR  WEAPONS  CAPABILITY  OR  TO  OTHERWISE  PROMOTE  OR
ADVANCE  TERRORIST ACTIVITIES THAT WILL TARGET OR AFFECT NEW YORK STATE,
ITS CITIZENS OR THEIR PROPERTY;
  (D) THAT IRAN HAS REPEATEDLY DEMONSTRATED AN INTENT TO PURSUE AND  USE
NUCLEAR  WEAPONS, WEAPONS OF MASS DESTRUCTION, AND TO PROMOTE OR ADVANCE
TERRORIST ACTIVITIES ACROSS THE WORLD;

S. 6405--B                         66

  (E) THAT RESPECT FOR HUMAN RIGHTS IN IRAN HAS STEADILY DETERIORATED AS
DEMONSTRATED  BY  TRANSPARENTLY  FRAUDULENT  ELECTIONS  AND  THE  BRUTAL
REPRESSION  AND  MURDER,  ARBITRARY ARRESTS, AND SHOW TRIALS OF PEACEFUL
DISSIDENTS;
  (F)  THAT  THE  CONCERNS  OF  THE STATE OF NEW YORK REGARDING IRAN ARE
STRICTLY THE RESULT OF THE ACTIONS OF THE GOVERNMENT OF IRAN AND  SHOULD
NOT BE CONSTRUED AS ENMITY TOWARDS THE IRANIAN PEOPLE;
  (G)  THAT IN ORDER TO EFFECTIVELY ADDRESS THE NEED FOR THE GOVERNMENTS
OF THIS STATE TO RESPOND TO THE POLICIES OF IRAN IN A  UNIFORM  FASHION,
PROHIBITING  CONTRACTS  WITH PERSONS ENGAGED IN INVESTMENT ACTIVITIES IN
THE ENERGY AND FINANCIAL SECTORS OF  IRAN  MUST  BE  ACCOMPLISHED  ON  A
STATEWIDE BASIS;
  (H)  THAT  TERRORISTS HAVE CONTINUED TO USE IRAN AS THEIR SAFE HARBOR,
THAT THE IRANIAN GOVERNMENT HAS FAILED TO ADDRESS THE SPREAD OF  TERROR-
IST  ACTIVITIES,  AND  THAT HUMAN RIGHTS VIOLATIONS ARE IN IRAN ARE, AND
CONTINUE TO BE RAMPANT; AND
  (I) THAT THE SERIOUS AND URGENT NATURE OF THE  CONTINUED  THREAT  FROM
IRAN,  FOR  THE  STATE  OF  NEW  YORK,  ITS CITIZENS AND THEIR PROPERTY,
DEMANDS THAT OUR STATE, LOCAL GOVERNMENTS AND PRIVATE INSTITUTIONS  WORK
TOGETHER  TO  CONTINUE  TO  DO ALL WITHIN ITS LEGAL POWER TO ENSURE THAT
IRAN DOES NOT HAVE THE RESOURCES TO ACQUIRE NUCLEAR  WEAPONS  CAPABILITY
AND THAT IT CEASE ITS PROMOTION AND ADVANCEMENT OF TERRORIST ACTIVITIES.
  S 7. Subsection 5 of section 1415 of the insurance law is REPEALED.
  S  8.  This act shall take effect immediately, and shall not be deemed
repealed as the result of any executive action taken by the president of
the United States, or the department of state, unless such action  is  a
duly executed treaty approved by two-thirds of the United States Senate;
provided  that  the  commissioner  of  general services shall notify the
legislative  bill drafting commission upon the occurrence of  such  duly
executed  treaty  in  order that the commission may maintain an accurate
and timely effective data base of the official text of the laws  of  the
state  of  New  York  in  furtherance  of effectuating the provisions of
section 44 of the legislative law and section 70-b of the  public  offi-
cers  law;  and  provided  further  that  the addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this act is authorized to be made on and after such effective date.

                                SUBPART H

                          Intentionally Omitted

                                SUBPART I

  Section  1. This act shall be known as the New Yorkers Combating Alien
Recidivism and Ending Sanctuary Act and may be cited as  the  "NY  Cares
Act".
  S  2.  Paragraph  (u) of subdivision 2 of section 709 of the executive
law is relettered paragraph (v) and a new paragraph (u) is added to read
as follows:
  (U) DEVELOP A PLAN TO ENSURE THAT  ALL  COUNTIES,  CITIES,  TOWNS  AND
VILLAGES,  AND  ANY  AGENCY,  OFFICE,  DEPARTMENT  OR AUTHORITY THEREOF,
INCLUDING  A  SHERIFF'S  DEPARTMENT,  MUNICIPAL  POLICE  DEPARTMENT   OR
DISTRICT  ATTORNEY'S  OFFICE  ARE IN COMPLIANCE WITH THE REQUIREMENTS OF
SECTION ONE HUNDRED THIRTY-NINE-E OF THE GENERAL MUNICIPAL LAW.
  S 3. The general municipal law is amended  by  adding  a  new  section
139-e to read as follows:

S. 6405--B                         67

  S  139-E.  PROHIBITION  AGAINST  LOCAL  GOVERNMENT  ACTION  TO PREVENT
ENFORCEMENT OF CERTAIN FEDERAL LAWS. 1. IN ACCORDANCE WITH ARTICLES NINE
AND THIRTEEN OF THE CONSTITUTION OF THE STATE OF NEW  YORK,  NO  COUNTY,
CITY,  TOWN  OR  VILLAGE, OR ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORITY
THEREOF,  INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPARTMENT,
OR DISTRICT ATTORNEY'S OFFICE, OR THE  GOVERNING  BOARD  THEREOF,  SHALL
ADOPT  ANY  RULE, ORDER, ORDINANCE, LOCAL LAW OR POLICY, EITHER FORMALLY
OR INFORMALLY, PROHIBITING OR INHIBITING ONE OR MORE OF THE FOLLOWING:
  (A) THE ENFORCEMENT OF LAWS OF THIS STATE OR FEDERAL LAWS RELATING  TO
PERSONS ILLEGALLY IN THE COUNTRY;
  (B)  THE  ABILITY  OF  LAW ENFORCEMENT OFFICERS TO ASSIST OR COOPERATE
WITH FEDERAL OFFICIALS IN THE COURSE OF CARRYING OUT THEIR  ROUTINE  LAW
ENFORCEMENT DUTIES;
  (C)  THE USE OF LOCAL RESOURCES TO AID IN THE COMPLIANCE WITH DETAINER
REQUESTS ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY;
  (D) A LAW ENFORCEMENT OFFICER FROM MAKING AN  INQUIRY  CONCERNING  THE
LAWFULNESS  OF AN INDIVIDUAL'S PRESENCE IN THE COUNTRY IF THE INDIVIDUAL
IS LAWFULLY DETAINED OR LAWFULLY ARRESTED, AND/OR VERIFYING  SUCH  INDI-
VIDUAL IS LEGALLY IN THE COUNTRY;
  (E) THE SHARING OF INFORMATION PERTAINING TO WHETHER THE LAWFULNESS OF
AN  INDIVIDUAL'S  PRESENCE IN THE COUNTRY WITH FEDERAL HOMELAND SECURITY
OFFICIALS; OR
  (F) THE ABILITY OF FEDERAL HOMELAND SECURITY OFFICIALS  TO  ENTER  AND
CONDUCT ENFORCEMENT ACTIVITIES AT A MUNICIPAL OR COUNTY JAIL IN FURTHER-
ANCE OF THEIR DUTY TO ENFORCE FEDERAL LAWS.
  2.  FOR  PURPOSES OF THIS SECTION, A PERSON SHALL NOT BE CONSIDERED TO
BE LAWFULLY DETAINED IF SUCH PERSON IS: (A) THE VICTIM OF A CRIME; (B) A
COOPERATING WITNESS RELATING TO A CRIME; OR (C) REPORTING A CRIME, CRIM-
INAL ACTIVITY, OR A PLANNED OR ACTUAL ACT OF TERRORISM.
  3. (A) NO STATE FUNDING SHALL BE  APPROPRIATED  OR  DISBURSED  TO  ANY
COUNTY,  CITY,  TOWN  OR  VILLAGE,  OR ANY AGENCY, OFFICE, DEPARTMENT OR
AUTHORITY THEREOF, INCLUDING A SHERIFF'S  DEPARTMENT,  MUNICIPAL  POLICE
DEPARTMENT  OR  DISTRICT  ATTORNEY'S  OFFICE, DETERMINED TO BE IN WILFUL
VIOLATION OF THIS SECTION.
  (B) THE COMPTROLLER SHALL, PRIOR TO THE DISBURSEMENT  OR  DELIVERY  OF
ANY  STATE  OR FEDERAL FUNDS, TO A COUNTY, CITY, TOWN OR VILLAGE, OR ANY
AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF, REQUIRE THAT THE  CHIEF
ELECTED  OFFICER OF SUCH COUNTY, CITY, TOWN OR VILLAGE PROVIDE VERIFICA-
TION, SIGNED UNDER PENALTIES OF PERJURY BY SUCH CHIEF  ELECTED  OFFICER,
THAT  SUCH  COUNTY,  CITY,  TOWN  OR  VILLAGE IS IN COMPLIANCE WITH THIS
SECTION.
  4. THIS SECTION SHALL NOT BE DEEMED TO APPLY TO ANY  SCHOOL  DISTRICT,
CHARTER SCHOOL, OR MUNICIPAL HEALTH SERVICE FACILITY.
  S 4. 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 judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 5. This act shall take effect immediately.

                                SUBPART J

S. 6405--B                         68

  Section 1. a. Transfer of State Police Civilian Personnel.    Notwith-
standing  any  law  to  the  contrary, the current state police civilian
personnel assigned to the division of homeland  security  and  emergency
services office of counter terrorism prior to the effective date of this
act,  who  perform intelligence and analysis on counter terrorism, shall
be transferred, pursuant to section 70 of the civil service law, to  the
bureau  of  counter  terrorism and intelligence of the division of state
police.
  b. Transfer of records. Upon the transfer of the current state  police
civilian personnel, pursuant to subdivision a of this section, the divi-
sion  of  homeland  security and emergency services shall deliver to the
bureau of counter terrorism and intelligence of the  division  of  state
police, all pertinent books, papers, records and property.
  c. Existing rights and remedies preserved. No existing right or remedy
of  any  character shall be lost, impaired or affected by reason of this
act.
  d. Pending actions and proceedings. No action or proceeding pending at
the time when this act shall take effect,  brought  by  or  against  the
division  of  homeland  security  and emergency services relating to the
transfer of the current state police civilian personnel to  or  devolved
upon the division of state police shall be affected by this act, but the
same  may be prosecuted or defended in the name of the division of state
police and upon the application to the  court,  the  division  of  state
police shall be substituted as a party.
  e.  Completion  of  unfinished  business. Any business or other matter
undertaken or commenced by the current state police  civilian  personnel
assigned  to  the  division  of homeland security and emergency services
transferred to the bureau of counter terrorism and intelligence  of  the
division  of  state  police  in accordance with this act, pending on the
effective date of this act, may be conducted and completed by the bureau
of counter terrorism and intelligence of the division of state police in
the same manner and under the same terms and  conditions  and  with  the
same  effect  as  if conducted and completed by the division of homeland
security and emergency services.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a 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, paragraph, subdivision,  section  or  part
thereof  directly  involved  in  the  controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Subparts A through J of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART E

  Section 1. Section 5 of chapter 268 of the laws of 1996, amending  the
education law and the state finance law relating to providing a recruit-
ment  incentive  and retention program for certain active members of the
New York army national guard, New York air national guard, and New  York
naval  militia,  as amended by section 24 of part A of chapter 57 of the
laws of 2011, is amended to read as follows:

S. 6405--B                         69

  S 5. This act shall take effect January 1, 1997 and shall  expire  and
be  deemed  repealed  September 1, [2016] 2021; provided that any person
who has begun to receive the benefits of this act prior to  its  expira-
tion and repeal shall be entitled to continue to receive the benefits of
this act after its expiration and repeal until completion of a baccalau-
reate  degree  or  cessation  of  status  as an active member, whichever
occurs first.
  S 2. This act shall take effect immediately.

                                 PART F

  Section 1. Subdivision 5 of section 362 of the chapter 83 of the  laws
of 1995 amending the state finance law and other laws relating to bonds,
notes  and revenues, as amended by section 37 of part L of chapter 55 of
the laws of 2012, is amended to read as follows:
  5. Sections thirty-one through forty-two of this act shall take effect
on the thirtieth day after it shall have  become  a  law  and  shall  be
deemed to have been in full force and effect on and after April 1, 1995;
provided  that section 163 of the state finance law, as added by section
thirty-three of this act shall remain in full  force  and  effect  until
June  30,  [2016]  2017  at  which  time  it  shall expire and be deemed
repealed. Contracts executed prior to the expiration of such section 163
shall remain in full force and effect until the expiration of  any  such
contract  notwithstanding  the  expiration of certain provisions of this
act.
  S 2. Section 16 of chapter 1 of the laws of 2005, amending  the  state
finance  law relating to restricting contacts in the procurement process
and the recording of contacts relating thereto, as amended by chapter 62
of the laws of 2014, is amended to read as follows:
  S 16. This act shall take effect immediately; provided, however,  that
sections  one,  six,  eight,  nine,  ten, eleven and fifteen of this act
shall take effect January 1, 2006; and provided, however, the amendments
to paragraph f of subdivision 9 of section 163 of the state finance  law
made  by section fifteen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further,  that
the  amendments to article 1-A of the legislative law, made by this act,
shall not affect the repeal of such article pursuant to chapter 2 of the
laws of 1999, as  amended,  and  shall  be  deemed  repealed  therewith;
provided, further, that sections thirteen and fourteen of this act shall
take effect January 1, 2006 and shall be deemed repealed July 31, [2016]
2017;  provided, further, that effective immediately, the advisory coun-
cil on procurement lobbying created pursuant to section twelve  of  this
act  shall  be constituted no later than sixty days following the effec-
tive date of this act, provided that effective sixty days following  the
effective date of this act, the advisory council on procurement lobbying
shall  be  authorized  to  establish  model guidelines and to add, amend
and/or repeal any rules or regulations necessary for the  implementation
of  its  duties  under sections twelve and thirteen of this act, and the
advisory council authorized to make and complete such  model  guidelines
on  or  before  the  effective  date  of  section  thirteen of this act;
provided, further, that procurement contracts for  which  bid  solicita-
tions  have been issued prior to the effective date of this act shall be
awarded pursuant to the provisions of law in effect at the time of issu-
ance.
  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, 2016.

S. 6405--B                         70

                                 PART G

                          Intentionally Omitted

                                 PART H

  Section  1.  Section 200 of the workers' compensation law, as added by
chapter 600 of the laws of 1949, is amended to read as follows:
  S 200. Short title. This article shall be known and may  be  cited  as
the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW."
  S  2.  Subdivision 14 of section 201 of the workers' compensation law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438 of the laws of 1964, is amended and eleven new subdivisions 15,  16,
17, 18, 19, 20, 21, 22, 23, 24 and 25 are added to read as follows:
  14.  "A  day  of  disability"  means any day on which the employee was
prevented from performing work because of disability, INCLUDING ANY  DAY
WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
has not received his OR HER regular remuneration.
  15. "FAMILY LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK
TO  PARTICIPATE  IN  PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL
CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY  BY  A  SERIOUS
HEALTH  CONDITION  OF  THE FAMILY MEMBER; OR TO BOND WITH THE EMPLOYEE'S
CHILD DURING THE FIRST TWELVE MONTHS AFTER THE  CHILD'S  BIRTH,  OR  THE
FIRST  TWELVE  MONTHS  AFTER  THE PLACEMENT OF THE CHILD FOR ADOPTION OR
FOSTER CARE WITH THE EMPLOYEE; OR BECAUSE OF ANY QUALIFYING EXIGENCY  AS
INTERPRETED  UNDER  THE  FAMILY  AND  MEDICAL  LEAVE  ACT,  29 U.S.C.S S
2612(A)(1)(E) AND 29 C.F.R.   S.825.126(A)(1)-(8), ARISING  OUT  OF  THE
FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE
IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO
ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES.
  16.  "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER, A
STEPSON OR STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF  A  DOMESTIC
PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS.
  17.  "DOMESTIC  PARTNER"  HAS THE SAME MEANING AS SET FORTH IN SECTION
FOUR OF THIS CHAPTER.
  18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS,  INJURY,  IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI-
TAL,  HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, OR CONTINUING TREAT-
MENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER  AND  REQUIRING
ASSISTANCE TO PERFORM THE ACTIVITIES OF DAILY LIVING.
  19.  "PARENT"  MEANS  A  BIOLOGICAL,  FOSTER,  OR  ADOPTIVE  PARENT, A
PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD
IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD.
  20. "FAMILY MEMBER" MEANS A CHILD,  PARENT,  GRANDPARENT,  GRANDCHILD,
SIBLING, SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION.
  21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD.
  22.  "HEALTH CARE PROVIDER" SHALL MEAN A PERSON LICENSED UNDER ARTICLE
ONE  HUNDRED  THIRTY-ONE,  ONE   HUNDRED   THIRTY-ONE-B,   ONE   HUNDRED
THIRTY-TWO,  ONE  HUNDRED  THIRTY-THREE,  ONE  HUNDRED  THIRTY-SIX,  ONE
HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE
HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE
HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE OF THE EDUCATION  LAW  OR  A
PERSON  LICENSED  UNDER THE PUBLIC HEALTH LAW, ARTICLE ONE HUNDRED FORTY
OF THE EDUCATION LAW OR ARTICLE ONE HUNDRED SIXTY-THREE OF THE EDUCATION
LAW.
  23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT.

S. 6405--B                         71

  24. "SIBLING" MEANS A PERSON  RELATED  TO  ANOTHER  PERSON  BY  BLOOD,
ADOPTION, OR AFFINITY THROUGH A COMMON LEGAL OR BIOLOGICAL PARENT.
  25. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK:
  (A) TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG-
ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
  (B)  TO  BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS
AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE  PLACEMENT
OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR
  (C) BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY
AND  MEDICAL  LEAVE  ACT,  29  U.S.C.  S  2612(A)(1)(E)  AND 29 C.F.R. S
825.126(A)(1)-(8), ARISING OUT OF THE FACT  THAT  THE  SPOUSE,  DOMESTIC
PARTNER,  CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY OR HAS BEEN
NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORC-
ES OF THE UNITED STATES.
  S 3. Section 203 of the workers' compensation law, as amended by chap-
ter 436 of the laws of 1986, is amended to read as follows:
  S 203. Employees eligible for benefits under section two hundred  four
OF THIS ARTICLE.  Employees in employment of a covered employer for four
or  more  consecutive  weeks and employees in employment during the work
period usual to and available during such four or more consecutive weeks
in any trade or business in which they are  regularly  employed  and  in
which  hiring  from day to day of such employees is the usual employment
practice shall be eligible for disability AND FAMILY LEAVE  benefits  as
provided  in  section  two  hundred  four  OF THIS ARTICLE.   EVERY SUCH
EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY  LEAVE  BENEFITS  ONLY
DURING  EMPLOYMENT  WITH  A  COVERED EMPLOYER. Every such employee shall
continue to be eligible FOR DISABILITY BENEFITS during  such  employment
and  for a period of four weeks after such employment terminates regard-
less of whether the employee  performs  any  work  for  remuneration  or
profit  in  non-covered  employment. If during such four week period the
employee performs any  work  for  remuneration  or  profit  for  another
covered employer the employee shall become eligible for DISABILITY bene-
fits immediately with respect to that employment. In addition every such
employee  who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN
EMPLOYMENT WITH THE COVERED EMPLOYER AND returns to work with  the  same
employer  after an agreed and specified unpaid leave of absence or vaca-
tion without pay shall become eligible for DISABILITY AND  FAMILY  LEAVE
benefits  immediately  with  respect to such employment. An employee who
during a period in which he or she is eligible to receive benefits under
subdivision two of section two hundred seven OF THIS ARTICLE returns  to
employment  with  a  covered  employer  and an employee who is currently
receiving unemployment insurance benefits or benefits under section  two
hundred  seven  OF  THIS  ARTICLE  and  who returns to employment with a
covered employer shall become eligible  for  DISABILITY  benefits  imme-
diately  with  respect to such employment.  An employee regularly in the
employment of a single employer on a work schedule less than the employ-
er's normal work week shall become eligible for  DISABILITY  AND  FAMILY
LEAVE  benefits  on  the twenty-fifth day of such regular employment. An
employee who [becomes disabled while] IS  eligible  for  DISABILITY  AND
FAMILY  LEAVE benefits in the employment of a covered employer shall not
be deemed, for the purposes of this article,  to  have  such  employment
terminated  during  any period he or she is eligible to receive benefits
under section two hundred four OF THIS  ARTICLE  with  respect  to  such
employment.

S. 6405--B                         72

  S  4.  The  workers'  compensation  law is amended by adding three new
sections 203-a, 203-b and 203-c to read as follows:
  S  203-A.  RETALIATORY  ACTION  PROHIBITED  FOR  FAMILY  LEAVE. 1. THE
PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO
HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT.
  S 203-B. REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY  ELIGIBLE  EMPLOYEE
OF  A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTI-
TLED, ON RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER  TO  THE
POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR
TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE-
FITS,  PAY  AND  OTHER TERMS AND CONDITIONS OF EMPLOYMENT. THE TAKING OF
FAMILY LEAVE SHALL NOT RESULT IN THE  LOSS  OF  ANY  EMPLOYMENT  BENEFIT
ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED.  NOTHING IN THIS
SECTION  SHALL  BE  CONSTRUED  TO  ENTITLE  ANY RESTORED EMPLOYEE TO THE
ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS  DURING  ANY  PERIOD  OF
LEAVE,  OR  ANY  RIGHT,  BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD
HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE.
  S 203-C HEALTH INSURANCE DURING FAMILY LEAVE.
  IN ACCORDANCE WITH THE FAMILY AND MEDICAL  LEAVE  ACT  (29  U.S.C.  SS
2601-2654),  DURING  ANY PERIOD OF FAMILY LEAVE THE EMPLOYER SHALL MAIN-
TAIN ANY EXISTING HEALTH BENEFITS OF THE EMPLOYEE IN FORCE FOR THE DURA-
TION OF SUCH LEAVE AS IF THE EMPLOYEE HAD CONTINUED  TO  WORK  FROM  THE
DATE  HE  OR SHE COMMENCED FAMILY LEAVE UNTIL THE DATE HE OR SHE RETURNS
TO EMPLOYMENT.
  S 5. Section 204 of the workers' compensation law, as added by chapter
600 of the laws of 1949, subdivision 2 as amended by chapter 38  of  the
laws of 1989, is amended to read as follows:
  S  204.  Disability  AND FAMILY LEAVE during employment. 1. Disability
benefits shall be payable  to  an  eligible  employee  for  disabilities
[commencing  after  June  thirtieth,  nineteen hundred fifty], beginning
with the eighth [consecutive] day of disability  and  thereafter  during
the  continuance of disability, subject to the limitations as to maximum
and minimum amounts and duration and other conditions and limitations in
this section and in sections two hundred five and  two  hundred  six  OF
THIS  ARTICLE.    FAMILY  LEAVE BENEFITS SHALL BE PAYABLE TO AN ELIGIBLE
EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE-
AFTER DURING THE CONTINUANCE OF THE NEED FOR FAMILY  LEAVE,  SUBJECT  TO
THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER
CONDITIONS  AND  LIMITATIONS IN THIS SECTION AND IN SECTIONS TWO HUNDRED
FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil-
ity OR FAMILY LEAVE caused by the same or  related  injury  or  sickness
shall  be  deemed  a single period of disability OR FAMILY LEAVE only if
separated by less than three months.
  2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER
JANUARY FIRST, TWO THOUSAND EIGHTEEN  SHALL  BE  FIFTY  PERCENT  OF  THE
EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE
STATE  AVERAGE WEEKLY WAGE, (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN SHALL BE FIFTY-FIVE PERCENT OF THE  EMPLOYEE'S  AVERAGE  WEEKLY
WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY
WAGE,  (III)  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND TWENTY SHALL BE
SIXTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED
SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, AND  (IV)  ON  OR  AFTER
JANUARY  FIRST  OF EACH SUCCEEDING YEAR, SHALL BE SIXTY-SEVEN PERCENT OF

S. 6405--B                         73

THE EMPLOYEE'S AVERAGE WEEKLY WAGE  BUT  SHALL  NOT  EXCEED  SIXTY-SEVEN
PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT.  THE WEEKLY
BENEFITS  FOR  FAMILY  LEAVE  THAT OCCURS ON OR AFTER JANUARY FIRST, TWO
THOUSAND  EIGHTEEN  SHALL  NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK
EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF FAMILY LEAVE ARE LESS
THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER
FULL WAGES.  BENEFITS MAY BE PAYABLE TO EMPLOYEES FOR PAID FAMILY  LEAVE
TAKEN  INTERMITTENTLY OR FOR LESS THAN A FULL WORK WEEK IN INCREMENTS OF
ONE FULL DAY OR ONE FIFTH OF THE WEEKLY BENEFIT.
  (B) The weekly benefit which the  disabled  employee  is  entitled  to
receive  for  disability  commencing  on  or  after  May first, nineteen
hundred eighty-nine shall be one-half of the employee's weekly wage, but
in no case shall such benefit exceed one hundred seventy dollars; except
that if the employee's average weekly wage is less than twenty  dollars,
the  benefit shall be such average weekly wage. The weekly benefit which
the disabled employee is entitled to receive for  disability  commencing
on  or  after July first, nineteen hundred eighty-four shall be one-half
of the employee's weekly wage, but in no case shall such benefit  exceed
one  hundred  forty-five  dollars; except that if the employee's average
weekly wage is less than twenty dollars, the benefit shall be such aver-
age weekly wage. The weekly benefit which the disabled employee is enti-
tled to receive for disability commencing on or after July first,  nine-
teen  hundred  eighty-three  and  prior  to July first, nineteen hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
be less than twenty dollars; except that if the employee's average week-
ly wage is less than twenty dollars the benefit shall  be  such  average
weekly  wage. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after  July  first,  nineteen
hundred  seventy-four, and prior to July first, nineteen hundred eighty-
three, shall be one-half of the employee's average weekly wage,  but  in
no  case  shall such benefit exceed ninety-five dollars nor be less than
twenty dollars; except that if the employee's  average  weekly  wage  is
less than twenty dollars, the benefit shall be such average weekly wage.
The  weekly  benefit  which the disabled employee is entitled to receive
for disability commencing on  or  after  July  first,  nineteen  hundred
seventy  and prior to July first, nineteen hundred seventy-four shall be
one-half of the employee's average weekly wage, but  in  no  case  shall
such  benefit  exceed  seventy-five  dollars  nor  be  less  than twenty
dollars; except that if the employee's average weekly wage is less  than
twenty  dollars  the benefit shall be such average weekly wage.  For any
period of disability less than a full week, the benefits  payable  shall
be  calculated  by  dividing  the  weekly  benefit  by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such  period  of  disability.  The  weekly
benefit  for  a disabled employee who is concurrently eligible for bene-
fits in the employment of more than one covered employer  shall,  within
the maximum and minimum herein provided, be one-half of the total of the
employee's  average  weekly wages received from all such covered employ-
ers, and shall be allocated in the proportion of their respective  aver-
age weekly wage payments.
  S 6. Section 205 of the workers' compensation law, as added by chapter
600  of the laws of 1949, subdivision 1 as amended by chapter 651 of the
laws of 1958, subdivision 2 as amended by chapter 270  of  the  laws  of
1990,  subdivision  5 as amended by chapter 288 of the laws of 1970, and

S. 6405--B                         74

subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by  chapter  352  of  the
laws of 1981, is amended to read as follows:
  S  205.  Disabilities, FAMILY LEAVE and [disability] periods for which
benefits are not payable. 1. No employee shall be entitled to DISABILITY
benefits under this article:
  [1.] (A) For more than twenty-six weeks MINUS ANY DAYS TAKEN FOR FAMI-
LY LEAVE DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS during a period
of fifty-two consecutive calendar weeks or  during  any  one  period  of
disability, OR FOR MORE THAN TWENTY-SIX WEEKS;
  [2.]  (B) for any period of disability during which an employee is not
under the care of a duly licensed [physician or with respect to disabil-
ity resulting from a condition of the foot which may lawfully be treated
by a duly registered and licensed podiatrist of the state of New York or
with respect to a  disability  resulting  from  a  condition  which  may
lawfully  be  treated  by a duly registered and licensed chiropractor of
the state of New York or with respect to a disability resulting  from  a
condition  which  may  lawfully be treated by a duly licensed dentist of
the state of New York or with respect to a disability resulting  from  a
condition  which  may  lawfully  be  treated  by  a  duly registered and
licensed psychologist of the state of New York  or  with  respect  to  a
disability resulting from a condition which may lawfully be treated by a
duly  certified  nurse midwife, for any period of such disability during
which an employee is neither under the care of a physician nor a  podia-
trist,  nor  a  chiropractor,  nor  a dentist, nor a psychologist, nor a
certified nurse midwife] HEALTH CARE PROVIDER; and  for  any  period  of
disability  during  which an employee who adheres to the faith or teach-
ings of any church or denomination and who in accordance with its creed,
tenets or principles depends for healing upon prayer  through  spiritual
means  alone  in  the  practice  of religion, is not under the care of a
practitioner duly accredited by the church or denomination, and provided
such employee shall submit to all physical examinations as  required  by
this chapter.
  2.  NO  EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS
ARTICLE:
  (A) FOR MORE THAN TWELVE WEEKS DURING A PERIOD  OF  FIFTY-TWO  CONSEC-
UTIVE  CALENDAR  WEEKS,  OR  FOR  ANY  PERIOD  IN WHICH THE FAMILY LEAVE
COMBINED WITH THE DISABILITY BENEFITS PREVIOUSLY PAID EXCEEDS TWENTY-SIX
WEEKS DURING THE SAME FIFTY-TWO CONSECUTIVE CALENDAR WEEKS;
  (B) FOR ANY PERIOD OF FAMILY LEAVE  WHEREIN  THE  NOTICE  AND  MEDICAL
CERTIFICATION  AS  PRESCRIBED  BY  THE  CHAIR HAS NOT BEEN FILED. AT THE
DISCRETION OF THE CHAIR OR CHAIR'S DESIGNEE, THE FAMILY  MEMBER  WHO  IS
THE  RECIPIENT  OF CARE MAY BE REQUIRED TO SUBMIT TO A PHYSICAL EXAMINA-
TION BY A QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID
FOR BY THE CARRIER.
  (C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT  OF  FAMILY  LEAVE
BENEFITS  DURING  ANY  FIFTY-TWO  CONSECUTIVE CALENDAR WEEKS IN WHICH AN
EMPLOYEE IS ELIGIBLE FOR  THESE  BENEFITS,  AN  EMPLOYER  MAY  OFFER  AN
EMPLOYEE  WHO  HAS  ACCRUED  BUT  UNUSED VACATION TIME OR PERSONAL LEAVE
AVAILABLE AT THE TIME OF USE OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER
TO CHARGE ALL OR PART OF THE FAMILY LEAVE TIME  TO  ACCRUED  BUT  UNUSED
VACATION  OR  PERSONAL  LEAVE, AND RECEIVE FULL SALARY, OR TO NOT CHARGE
TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND  RECEIVE  THE
BENEFIT  AS  SET  FORTH  IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. AN
EMPLOYER THAT PAYS FULL SALARY DURING  A  PERIOD  OF  FAMILY  LEAVE  MAY
REQUEST REIMBURSEMENT IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-SEV-
EN  OF  THIS ARTICLE.   WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE

S. 6405--B                         75

SHALL RECEIVE THE FULL PROTECTION OF  THE  REINSTATEMENT  PROVISION  SET
FORTH  IN SECTION TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCUR-
RENTLY USE AVAILABLE FAMILY MEDICAL LEAVE  ACT  AND  PAID  FAMILY  LEAVE
CREDITS.  IN  NO  EVENT  CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND THE
TWELVE WEEKS PER ANY FIFTY-TWO WEEK PERIOD SET FORTH  IN  THIS  ARTICLE.
THIS PARAGRAPH MAY NOT BE CONSTRUED IN A MANNER THAT RELIEVES AN EMPLOY-
ER  OF  ANY  DUTY  OF  COLLECTIVE  BARGAINING THE EMPLOYER MAY HAVE WITH
RESPECT TO THE SUBJECT MATTER OF THIS PARAGRAPH.
  3. NO EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY  LEAVE  BENE-
FITS UNDER THIS ARTICLE:
  (A)  for  any  disability  occasioned  by  the wilful intention of the
employee to bring about injury to or the sickness of himself or another,
or resulting from any injury or sickness sustained in  the  perpetration
by the employee of an illegal act;
  [4.]  (B)  for  any day of disability OR FAMILY LEAVE during which the
employee performed work for remuneration or profit;
  [5.] (C) for any day of disability  OR  FAMILY  LEAVE  for  which  the
employee is entitled to receive from his OR HER employer, or from a fund
to which the employer has contributed, remuneration or maintenance in an
amount  equal  to or greater than that to which he OR SHE would be enti-
tled under this article; but any voluntary contribution or aid which  an
employer may make to an employee or any supplementary benefit paid to an
employee pursuant to the provisions of a collective bargaining agreement
or  from  a  trust  fund to which contributions are made pursuant to the
provisions of a collective bargaining agreement shall not be  considered
as continued remuneration or maintenance for this purpose;
  [6.]  (D)  for any period in respect to which such employee is subject
to suspension or disqualification of the  accumulation  of  unemployment
insurance benefit rights, or would be subject if he OR SHE were eligible
for  such  benefit  rights,  except for ineligibility resulting from the
employee's disability;
  [7.] (E) for any disability due to any act of war, declared  or  unde-
clared[,  if such act shall occur after June thirtieth, nineteen hundred
fifty];
  [8.] (F) for any disability OR  FAMILY  LEAVE  commencing  before  the
employee  becomes eligible to benefits [hereunder or commencing prior to
July first, nineteen hundred fifty, but this shall not preclude benefits
for recurrence after July first, nineteen hundred fifty, of a disability
commencing prior thereto] UNDER THIS SECTION.
  4.  AN EMPLOYEE WHO HAS GIVEN BIRTH MAY USE NO MORE  THAN  A  COMBINED
TWELVE  WEEKS  PURSUANT  TO SUBDIVISION ONE FOR RECOVERY FROM CHILDBIRTH
AND SUBDIVISION TWO FOR BONDING WITH THE CHILD AS PERMITTED UNDER SUBDI-
VISION FIFTEEN OF SECTION 201, DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR
WEEKS.  AN EMPLOYEE MAY NOT SEEK BENEFITS CONCURRENTLY UNDER BOTH SUBDI-
VISIONS ONE AND TWO OF THIS SECTION.
  S 7. Section 206 of the workers' compensation law, as amended by chap-
ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate-
ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2
as amended by chapter 24 of the laws of 1988,  is  amended  to  read  as
follows:
  S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be
payable  under  section  two  hundred  four or two hundred seven OF THIS
ARTICLE:
  (a) in a weekly benefit amount which, together with  any  amount  that
the  employee  receives or is entitled to receive for the same period or
any part thereof as a permanent disability benefit or annuity under  any

S. 6405--B                         76

governmental  system  or  program,  except  under a veteran's disability
program, or under any permanent  disability  policy  or  program  of  an
employer  for  whom  he  OR SHE has performed services, would, if appor-
tioned to weekly periods, exceed his OR HER weekly benefit amount [here-
under]  UNDER  THIS  SECTION,  provided  however, that there shall be no
offset against the benefits set forth in this article if the  claim  for
disability  benefits  is  based on a disability other than the permanent
disability for which the aforesaid permanent disability benefit or annu-
ity was granted;
  (b) with respect to any week for which payments are received under the
unemployment insurance law or similar law of this state or of any  other
state or of the United States;
  (c)  subject to the provisions of subdivision two of this section, for
any period with respect to which benefits, compensation or other  allow-
ances  (other  than  [workmen's]  WORKERS'  compensation  benefits for a
permanent partial disability occurring prior to the disability for which
benefits are claimed hereunder) are paid or payable under this  chapter,
the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work-
men's]  WORKERS'  compensation  act, occupational disease act or similar
law, or under any employers' liability act or  similar  law;  under  any
other temporary disability or cash sickness benefits act or similar law;
under  section  six hundred eighty-eight, title forty-six, United States
code; under the federal employers' liability act; or under the  maritime
doctrine of maintenance, wages and cure.
  2.  If  an  employee  who  is  eligible  for DISABILITY benefits under
section two hundred three or two hundred seven OF THIS ARTICLE is  disa-
bled  and has claimed or subsequently claims workers' compensation bene-
fits under this chapter or benefits under  the  volunteer  firefighters'
benefit  law  or  the volunteer ambulance workers' benefit law, and such
claim is controverted on the ground that the employee's  disability  was
not  caused  by  an  accident that arose out of and in the course of his
employment or by an occupational disease, or by an  injury  in  line  of
duty  as  a  volunteer  firefighter  or  volunteer ambulance worker, the
employee shall be entitled in the first  instance  to  receive  benefits
under this article for his OR HER disability. If benefits have been paid
under this article in respect to a disability alleged to have arisen out
of  and  in the course of the employment or by reason of an occupational
disease, or in line of duty as a volunteer firefighter  or  a  volunteer
ambulance  worker,  the  employer or carrier or the chairman making such
payment may, at any time before award of workers' compensation benefits,
or volunteer firefighters'  benefits  or  volunteer  ambulance  workers'
benefits,  is made, file with the board a claim for reimbursement out of
the proceeds of such award to the employee  for  the  period  for  which
disability  benefits  were  paid to the employee under this article, and
shall have a lien against the award for  reimbursement,  notwithstanding
the  provisions of section thirty-three of this chapter or section twen-
ty-three of the volunteer firefighters' benefit law or  section  twenty-
three  of  the  volunteer  ambulance  workers'  benefit law provided the
insurance carrier liable for payment of the award receives, before  such
award  is made, a copy of the claim for reimbursement from the employer,
carrier or [chairman] CHAIR who paid disability  benefits,  or  provided
the board's decision and award directs such reimbursement therefrom.
  3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED
FOUR OF THIS ARTICLE:
  (A)  DURING  PERIODS  WHEN  THE EMPLOYEE IS RECEIVING WORKERS' COMPEN-
SATION LOST WAGE BENEFITS, OR BENEFITS UNDER THE VOLUNTEER FIREFIGHTERS'

S. 6405--B                         77

BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW OR UNDER ANY
STATE'S LAW;
  (B)  TO  AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON ADMINISTRATIVE LEAVE
FROM HIS OR HER EMPLOYMENT;
  (C) TO AN EMPLOYEE DURING PERIODS WHERE  THE  EMPLOYEE  IS  COLLECTING
SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND
  (D)  FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY FOR
RENUMERATION OR PROFIT.
  4. UNLESS OTHERWISE EXPRESSLY  PERMITTED  BY  THE  EMPLOYER,  BENEFITS
AVAILABLE  UNDER  29  U.S. CODE CHAPTER 28 (THE FAMILY AND MEDICAL LEAVE
ACT) MUST BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS.  AN  EMPLOYER
SHALL  NOT  BE  REQUIRED  TO  PERMIT TWELVE ADDITIONAL WEEKS OF BENEFITS
FOLLOWING EXHAUSTION OF THE TWELVE WEEKS OF PAID FAMILY LEAVE BENEFITS.
  5. A COVERED EMPLOYER IS NOT REQUIRED TO PERMIT MORE THAN ONE EMPLOYEE
TO USE THE SAME PERIOD OF FAMILY LEAVE  TO  CARE  FOR  THE  SAME  FAMILY
MEMBER.
  S 8. Section 207 of the workers' compensation law is amended by adding
a new subdivision 5 to read as follows:
  5.  THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FAMILY
LEAVE BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO  EMPLOYEES
THAT  ARE  NOT  EMPLOYED AT THE TIME FAMILY LEAVE IS REQUESTED BY FILING
THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR.
  S 9. Section 208 of the workers' compensation law, as added by chapter
600 of the laws of 1949, subdivision 1 as amended by chapter 314 of  the
laws of 2010, is amended to read as follows:
  S  208.  Payment of disability AND FAMILY LEAVE benefits.  1. Benefits
provided under this article shall be paid periodically and promptly and,
except as to a contested period of disability OR FAMILY  LEAVE,  without
any  decision by the board, OR DESIGNEE OF THE CHAIR.  The first payment
of benefits shall be due on the fourteenth day of disability  OR  FAMILY
LEAVE and benefits for that period shall be paid directly to the employ-
ee  within  four  business  days thereafter or within four business days
after the filing of required proof of claim,  whichever  is  the  later.
Thereafter  benefits  shall be due and payable bi-weekly in like manner.
The [chairman] CHAIR OR CHAIR'S DESIGNEE may determine that benefits may
be paid monthly or semi-monthly if wages were so paid, and may authorize
deviation from the foregoing requirements to facilitate  prompt  payment
of benefits. Any inquiry which requires the employee's response in order
to continue benefits uninterrupted or unmodified shall provide a reason-
able  time  period in which to respond and include a clear and prominent
statement of the deadline for responding and consequences of failing  to
respond.
  2.  The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may,
whenever such information is deemed necessary, require  any  carrier  to
file  in  form prescribed by the [chairman] CHAIR a report or reports as
to any claim or claims, including  (but  without  limitation)  dates  of
commencement  and termination of benefit payments and amount of benefits
paid under this article. The  [chairman]  CHAIR  AND  SUPERINTENDENT  OF
FINANCIAL  SERVICES  may also require annually information in respect to
the aggregate of benefits paid, the number of claims allowed and  disal-
lowed,  the average benefits and duration of benefit periods, the amount
of payrolls covered and such other information as the  [chairman]  CHAIR
may  deem  necessary  for the purposes of administering this article. If
the carrier is providing benefits in respect to more than one  employer,
the  [chairman]  CHAIR  AND  SUPERINTENDENT  OF  FINANCIAL  SERVICES may
require that such information be shown separately as to those  employers

S. 6405--B                         78

who  are  providing only benefits that are substantially the same as the
benefits required in this article.   THE  CHAIR  AND  SUPERINTENDENT  OF
FINANCIAL  SERVICES  MAY  PRESCRIBE  THE  FORMAT  OF SUCH REPORT AND MAY
PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE.
  S  10. Section 209 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 3 as amended by chapter 415  of
the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws
of 1952, is amended to read as follows:
  S 209. Contribution of employees for disability AND FAMILY LEAVE bene-
fits. 1.  Every employee in the employment of a covered employer shall[,
on  and  after January first, nineteen hundred fifty,] contribute to the
cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, FAMILY LEAVE benefits under this article, to the extent and in the
manner herein provided.
  2. The special contribution of each such employee to the  accumulation
of  funds  to  provide  benefits  for  disabled  unemployed  shall be as
provided in subdivision one of section  two  hundred  fourteen  OF  THIS
ARTICLE.
  3.  (A) DISABILITY BENEFITS. The contribution of each such employee to
the cost of disability benefits provided by this article shall  be  one-
half of one per centum of the employee's wages paid to him OR HER on and
after  July  first,  nineteen  hundred fifty, but not in excess of sixty
cents per week.
  (B) FAMILY LEAVE BENEFITS. ON SEPTEMBER FIRST, TWO THOUSAND  SEVENTEEN
AND  ANNUALLY  THEREAFTER THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL
SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING  THE  REPORTS  PROVIDED  IN
SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AND CONSISTENT WITH THE PRIN-
CIPLE  THAT  THE  COSTS  OF  FAMILY  LEAVE  SHOULD BE FUNDED ONE HUNDRED
PERCENT BY EMPLOYEE PAYROLL CONTRIBUTION.
  4. Notwithstanding any other provision of law, the employer is author-
ized to collect from his OR HER employees, except as otherwise  provided
in  any  plan  or agreement under the provisions of subdivisions four or
five of section two hundred eleven OF  THIS  ARTICLE,  the  contribution
provided  under  subdivisions  two  and  three  OF THIS SECTION, through
payroll deductions. If the employer shall not  make  deduction  for  any
payroll  period  he  OR SHE may thereafter, but not later than one month
after payment  of  wages,  collect  such  contribution  through  payroll
deduction.
  5.  In  collecting  employee contributions through payroll deductions,
the employer shall act as the agent of his OR HER  employees  and  shall
use  the contributions only to provide disability AND FAMILY LEAVE bene-
fits as required by this article. IN NO EVENT MAY THE EMPLOYEE'S  ANNUAL
CONTRIBUTION  FOR  FAMILY  LEAVE EXCEED HIS OR HER PRO RATA SHARE OF THE
ACTUAL ANNUAL PREMIUM CHARGED FOR THE SAME YEAR AND MUST  BE  DETERMINED
CONSISTENT  WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL COSTS
OF FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY  CONTRIB-
UTION  FOR  DISABILITY  PREMIUM EXCEED ONE-HALF OF ONE PER CENTUM OF THE
EMPLOYEE'S WAGES PAID TO HIM OR HER, BUT NOT IN EXCESS  OF  SIXTY  CENTS
PER  WEEK. After June thirtieth, nineteen hundred fifty, if the employer
is not providing, or to the extent that he OR SHE is not then providing,
for the payment of disability benefits to his OR HER employees by insur-
ing with the state fund or with another insurance  carrier,  he  OR  SHE
shall  keep  the  contributions  of  his OR HER employees as trust funds
separate and apart from all other funds of the employer. The payment  of
such  contributions  by  the  employer  to  a  carrier providing for the

S. 6405--B                         79

payment of such benefits shall discharge the employer from  responsibil-
ity with respect to such contributions.
  S  11. Section 210 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 210. Employer contributions. 1. Every covered employer shall, on and
after January first, nineteen hundred  fifty,  contribute  the  cost  of
providing disability AND FAMILY LEAVE benefits in excess of the contrib-
utions  collected  from  his  OR HER employees, to the extent and in the
manner provided in this article.
  2. The special contribution of each covered employer  to  the  accumu-
lation  of funds to provide benefits for disabled unemployed shall be as
provided in subdivision one of section  two  hundred  fourteen  OF  THIS
ARTICLE.
  3. The contribution of every covered employer to the cost of providing
disability  benefits  after  June thirtieth, nineteen hundred fifty, AND
PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS AFTER JANUARY FIRST,  TWO
THOUSAND  EIGHTEEN,  shall be the excess of such cost over the amount of
the contributions of his OR HER employees.
  4. No profit shall be  derived  by  any  employer  or  association  of
employers or of employees from providing payment of disability AND FAMI-
LY  LEAVE  benefits  under this article. All funds representing contrib-
utions of employers and  employees,  and  increments  thereon,  held  by
employers  or  associations  of  employers or of employees authorized or
permitted to pay benefits under the provisions of this article,  and  by
trustees  paying benefits under plans or agreements meeting the require-
ments of section two hundred eleven OF  THIS  ARTICLE,  shall  be  trust
funds  and shall be expended only to provide for the payment of benefits
to employees and for the costs of administering this article and for the
support of the fund established under section two  hundred  fourteen  OF
THIS ARTICLE.
  S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211
of  the  workers'  compensation  law,  the opening paragraph as added by
chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207
of the laws of 1992, and subdivisions 4 and 5 as amended by chapter  197
of the laws of 1960, are amended, and new subdivisions 7 and 8 are added
to read as follows:
  A  covered  employer  shall, with his OR HER own contributions and the
contributions of his employees, provide  disability  AND  AFTER  JANUARY
FIRST,  TWO  THOUSAND  EIGHTEEN,  FAMILY  LEAVE  benefits  to his OR HER
employees in one or more of the following ways:
  3. by furnishing satisfactory proof to  the  chair  of  the  employers
financial  ability  to  pay such benefits, in which case the chair shall
require the deposit of such securities as the chair may  deem  necessary
[of  the  kind prescribed in subdivisions one, two, three, four and five
and paragraph a of subdivision seven of section two hundred  thirty-five
of  the  banking law or the deposit of cash or the filing of irrevocable
letters of credit issued by a qualified banking institution  as  defined
by  rules promulgated by the chair or the filing of the bond of a surety
company authorized to do business in  this  state,  conditioned  on  the
payment  by  the  employer  of its obligations under this article and in
form approved by the chair, or the posting and filing of  a  combination
of such securities, cash, irrevocable letters of credit and surety bonds
in an amount to be determined by the chair, to secure his or her liabil-
ity  to  pay  the  compensation  provided in this chapter. The amount of
deposit or of the penal sum of the bond shall be determined by the chair
and shall not be less than one-half the estimated contributions  of  the

S. 6405--B                         80

employees  of  the  employer  for  the  ensuing  year or one-half of the
contributions of the employees which would have been paid by the employ-
ees during the preceding year, whichever is  the  greater,  or  if  such
amount is more than fifty thousand dollars an amount not less than fifty
thousand dollars.  The chair shall have authority to deny an application
to  provide  benefits pursuant to this subdivision or to revoke approval
at any time for good cause shown. In the case of an employer  who  main-
tains  a deposit of securities, irrevocable letters of credit or cash in
accordance with subdivision three of section fifty of this chapter,  the
chair  may  reduce  the amount of the deposit or of the penal sum of the
bond, provided the securities, irrevocable letters  of  credit  or  cash
deposited  by  or  for  such employer under subdivision three of section
fifty of this chapter are, by agreement satisfactory to the chair,  made
available  for  the  payment  of unpaid benefits under this article with
respect to obligations incurred for disabilities commencing prior to the
effective date of such revocation] CONSISTENT  WITH  THE  PROVISIONS  OF
SUBDIVISION  THREE  OF SECTION FIFTY OF THIS CHAPTER.  An association of
employers or employees authorized to pay benefits under this article  or
the  trustee  or  trustees  paying  benefits  under  a plan or agreement
authorized under subdivisions four and five of this  section,  may  with
the  approval  of the chair furnish such proof and otherwise comply with
the provisions of this section to provide disability  AND  FAMILY  LEAVE
benefits to employees under such plan or agreement.
  4. by a plan in existence on the effective date of this article. If on
the  effective  date of this article the employees of a covered employer
or any class or classes of such employees are entitled to receive  disa-
bility AND FAMILY LEAVE benefits under a plan or agreement which remains
in  effect  on July first, nineteen hundred fifty, the employer, subject
to the requirements of this section, shall be relieved of responsibility
for making provision for benefit payments required  under  this  article
until  the  earliest  date,  determined  by the [chairman] CHAIR for the
purposes of this article, upon which the employer shall have  the  right
to  discontinue  the  provisions  thereof or to discontinue his contrib-
utions towards the cost. Any such plan or  agreement  may  be  extended,
with  or  without  modification,  by  agreement or collective bargaining
between an employer or employers or  association  of  employers  and  an
association  of  employees,  in  which  event  the  period for which the
employer is relieved of such responsibility shall include such period of
extension. Any other plan or agreement in  existence  on  the  effective
date  of  this  article  which the employer may, by his OR HER sole act,
terminate at any time, or with respect to which he OR SHE is  not  obli-
gated  to continue for any period to make contributions, may be accepted
by the [chairman] CHAIR as satisfying the obligation to provide for  the
payment  of  benefits  under  this  article  if  such  plan or agreement
provides benefits at least as favorable as  the  disability  AND  FAMILY
LEAVE  benefits  provided  by this article and does not require contrib-
utions of any employee or of any class or classes of employees in excess
of the statutory amount provided in SUBDIVISION  THREE  OF  section  two
hundred nine OF THIS ARTICLE, subdivision three, except by agreement and
provided  the  contribution  is  reasonably  related to the value of the
benefits as determined by the CHAIR [chairman]. The [chairman] CHAIR may
require that the employer shall enter into an agreement in writing  with
the  [chairman]  CHAIR that he OR SHE will pay the assessments set forth
in sections two hundred fourteen and two hundred twenty-eight  and  that
until  he  OR SHE shall have filed written notice with the CHAIR [chair-
man] of his OR HER election to terminate such plan or  agreement  or  to

S. 6405--B                         81

discontinue  making  necessary contributions to its cost, he OR SHE will
continue to provide for the payment of the disability AND  FAMILY  LEAVE
benefits under such plan or agreement.
  During  any period in which any plan or agreement or extension thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather than as provided under this  article,  other  than  the  benefits
provided  in  section  two  hundred  seven, and provided the employer or
carrier has agreed to pay the  assessments  described  in  sections  two
hundred fourteen and two hundred twenty-eight.
  Any  such  plan or agreement may be extended with or without modifica-
tion, provided the benefits under such plan or agreement, as extended or
modified, shall be found by the [chairman]  CHAIR  to  be  at  least  as
favorable as the benefits provided by this article.
  5.  by a new plan or agreement. After the effective date of this arti-
cle, a new plan or agreement with a carrier may be accepted by the CHAIR
[chairman] as satisfying the obligation to provide for  the  payment  of
benefits  under  this  article  if  such plan or agreement shall provide
benefits at least as favorable as the disability AND FAMILY LEAVE  bene-
fits  provided by this article and does not require contributions of any
employee or of any class or classes of employees in excess of the statu-
tory amount provided in section two  hundred  nine,  subdivision  three,
except  by agreement and provided the contribution is reasonably related
to the value of the benefits as determined by the [chairman] CHAIR.  Any
such  plan  or  agreement shall continue until written notice filed with
the [chairman] CHAIR of intention to terminate such plan  or  agreement,
and  any  modification of such plan or agreement shall be subject to the
written approval of the [chairman] CHAIR.
  During any period in which any plan or agreement or extension  thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather  than  as  provided  under  this article, other than the benefits
provided in section two hundred seven,  and  provided  the  employer  or
carrier  has  agreed  to  pay  the assessments described in sections two
hundred fourteen and two hundred twenty-eight.
  7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN  ACCORDANCE  WITH
APPLICABLE  PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW.
  8. AN EMPLOYER PROVIDING  DISABILITY  BENEFITS  COVERAGE  PURSUANT  TO
SUBDIVISION  THREE  OF THIS SECTION MAY OBTAIN COVERAGE FOR FAMILY LEAVE
BENEFITS SEPARATELY PURSUANT TO SUBDIVISION ONE OR  SUBDIVISION  TWO  OF
THIS SECTION.
  S  13.  Subdivisions  1,  2,  4  and  5 of section 212 of the workers'
compensation law, subdivision 1 as amended by chapter 740 of the laws of
1960, subdivision 2 as amended by chapter  120  of  the  laws  of  1969,
subdivision  4 as amended by chapter 205 of the laws of 1993, and subdi-
vision 5 as added by chapter 593 of the laws of  1992,  are  amended  to
read as follows:
  1.  Any  employer  not  required  by  this  article to provide for the
payment of disability OR FAMILY LEAVE benefits to his employees,  or  to
any  class  or  classes  thereof, may become a covered employer or bring
within the provisions of this article such employees or class or classes
thereof by voluntarily electing to provide for payment of such  benefits

S. 6405--B                         82

in  one  or  more of the ways set forth in section two hundred eleven OF
THIS ARTICLE; but such election shall be subject to the approval of  the
[chairman] CHAIR, and if the employees are required to contribute to the
cost of such benefits the assent within thirty days before such approval
is  granted,  of more than one-half of such employees shall be evidenced
to the satisfaction of the [chairman] CHAIR.  On approval by the [chair-
man] CHAIR of such election to provide benefits, all the  provisions  of
this  article  shall  become  and continue applicable as if the employer
were a covered employer as defined in this article.  The  obligation  to
continue  as  a  covered  employer  with  respect  to employees for whom
provision of benefits is not required under this article, may be discon-
tinued by such employer on ninety days notice to the [chairman] CHAIR in
writing and to his OR HER employees, after he OR SHE  has  provided  for
payment  of  benefits for not less than one year and with such provision
for payment of obligations incurred on and prior to the termination date
as the [chairman] CHAIR may approve.
  2. Notwithstanding the definition of "employer"  and  "employment"  in
section two hundred one of this article, a public authority, a municipal
corporation or a fire district or other political subdivision may become
a  covered  employer  FOR  THE  PURPOSE OF PROVIDING DISABILITY BENEFITS
under this article by complying with the provisions of  subdivision  one
of this section and may discontinue such status only as provided in that
subdivision.
  4.  (A)  An executive officer of a corporation who at all times during
the period involved owns all of the issued and outstanding stock of  the
corporation  and  holds  all of the offices pursuant to paragraph (e) of
section seven hundred fifteen of the business  corporation  law  or  two
executive  officers  of a corporation who at all times during the period
involved between them own all of the issued  and  outstanding  stock  of
such  corporation and hold all such offices provided, however, that each
officer must own at least one share of stock and who  is  the  executive
officer  or who are the executive officers of a corporation having other
persons who are employees required to be  covered  under  this  article,
shall be deemed to be included in the corporation's disability AND FAMI-
LY  LEAVE  benefits  insurance  contract  or covered by a certificate of
self-insurance or a plan under section two hundred eleven of this  arti-
cle, unless the officer or officers elect to be excluded from the cover-
age of this article. Such election shall be made by any such corporation
filing  with the insurance carrier, or the chair of the workers' compen-
sation board in the case of self-insurance, upon a  form  prescribed  by
the  [chairman]  CHAIR,  a notice that the corporation elects to exclude
the executive officer or officers  of  such  corporation  named  in  the
notice  from the coverage of this article. Such election shall be effec-
tive with respect to all policies issued to  such  corporation  by  such
insurance  carrier  as  long  as it shall continuously insure the corpo-
ration. Such election shall be final  and  binding  upon  the  executive
officer  or  officers  named  in  the notice until revoked by the corpo-
ration.
  (B) NOTWITHSTANDING  THE  DEFINITION  OF  "EMPLOYER"  IN  SECTION  TWO
HUNDRED  ONE  OF  THIS  ARTICLE,  A SOLE PROPRIETOR, MEMBER OF A LIMITED
LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP,  OR  OTHER  SELF-EM-
PLOYED  PERSON  MAY  BECOME  A  COVERED  EMPLOYER  UNDER THIS ARTICLE BY
COMPLYING WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
  5. A spouse who is an employee of a covered employer shall  be  deemed
to  be  included  in the employer's disability AND FAMILY LEAVE benefits
insurance contract or covered by a certificate of  self-insurance  or  a

S. 6405--B                         83

plan  under  section  two  hundred  eleven  of  this article, unless the
employer elects to exclude such spouse from the coverage of  this  arti-
cle.  Such  election  shall be made by any such employer filing with the
insurance  carrier,  or  the chair of the workers' compensation board in
the case of self-insurance, upon a  form  prescribed  by  the  chair,  a
notice  that  the  employer  elects  to exclude such spouse named in the
notice from the coverage of this article. Such election shall be  effec-
tive with respect to all policies issued to such employer by such insur-
ance carrier as long as it shall continuously insure the employer.  Such
election  shall be final and binding upon the spouse named in the notice
until revoked by the employer.
  S 14. The workers' compensation law is amended by adding new  sections
212-a and 212-b to read as follows:
  S 212-A. NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" AND "EMPLOYMENT"
SET FORTH IN SECTION TWO HUNDRED ONE OF THIS ARTICLE AND THE REQUIREMENT
FOR  INSURANCE POLICIES TO OFFER BOTH DISABILITY AND FAMILY LEAVE COVER-
AGE SET FORTH IN TWO HUNDRED TWENTY SIX OF THIS ARTICLE, THE STATE,  ANY
POLITICAL  SUBDIVISION  OF  THE  STATE,  A PUBLIC AUTHORITY OR ANY OTHER
GOVERNMENTAL AGENCY OR INSTRUMENTALITY, MAY ELECT TO  BECOME  A  COVERED
EMPLOYER  SOLELY  FOR THE PURPOSE OF FAMILY LEAVE BENEFITS. COVERAGE FOR
FAMILY LEAVE BENEFITS MAY BE SECURED BY A PUBLIC EMPLOYER, AS THAT  TERM
IS  DEFINED  IN  SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE-B OF THIS
ARTICLE, AS PERMITTED BY THIS ARTICLE, INCLUDING AS  APPLICABLE  SECTION
TWO HUNDRED ELEVEN, SUBDIVISION FOUR OF SECTION FIFTY, OR SECTION EIGHT-
Y-EIGHT-C. THE PROVIDER OF FAMILY LEAVE COVERAGE FOR SUCH PUBLIC EMPLOY-
EES  SHALL  BE EXEMPT FROM THE REQUIREMENT THAT INSURANCE POLICIES OFFER
BOTH DISABILITY AND FAMILY LEAVE BENEFITS IN SECTION TWO  HUNDRED  TWEN-
TY-SIX OF THIS ARTICLE.
  S 212-B. PUBLIC EMPLOYEES; PUBLIC EMPLOYEES REPRESENTED BY AN EMPLOYEE
ORGANIZATION; EMPLOYEE OPT IN.
  1.  FOR PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE
OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY
OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.  "PUBLIC  EMPLOYER"
MEANS  THE  STATE,  ANY  POLITICAL  SUBDIVISION  OF  THE STATE, A PUBLIC
AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR  INSTRUMENTALITY  THEREOF.
"EMPLOYEE ORGANIZATION" SHALL HAVE THE SAME MEANING SET FORTH IN SECTION
TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
  2.  PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY LEAVE TO PUBLIC
EMPLOYEES IN ACCORDANCE WITH THE  PROCEDURES  AND  TERMS  SET  FORTH  IN
SUBDIVISION THREE OF THIS SECTION.
  3.  (A)  AN EMPLOYEE ORGANIZATION MAY, PURSUANT TO COLLECTIVE BARGAIN-
ING, OPT IN TO PAID FAMILY LEAVE BENEFITS  ON  BEHALF  OF  THOSE  PUBLIC
EMPLOYEES  IT  IS  EITHER CERTIFIED OR RECOGNIZED, WITHIN THE MEANING OF
ARTICLE 14 OF THE CIVIL SERVICE LAW, TO REPRESENT AT ANY  TIME  THAT  IS
MUTUALLY  AGREED  UPON  BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC
EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS  OPTED  IN  TO  PAID  FAMILY
LEAVE  BENEFITS MAY, PURSUANT TO COLLECTIVE BARGAINING, OPT OUT OF IT AS
IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC
EMPLOYER.
  B. FOR PUBLIC EMPLOYEES WHO ARE NOT REPRESENTED BY AN EMPLOYEE  ORGAN-
IZATION,  THE  PUBLIC  EMPLOYER MAY OPT-IN TO PAID FAMILY LEAVE BENEFITS
WITHIN NINETY DAYS NOTICE TO SUCH PUBLIC EMPLOYEES. FOLLOWING OPT-IN  BY
A  PUBLIC  EMPLOYER  FOR PUBLIC EMPLOYEES NOT REPRESENTED BY AN EMPLOYEE
ORGANIZATION, THE PUBLIC EMPLOYER MAY OPT-OUT OF PAID FAMILY LEAVE BENE-
FITS WITH TWELVE MONTHS NOTICE TO THOSE PUBLIC EMPLOYEES.

S. 6405--B                         84

  4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY  NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER  MAY  REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
PROVIDE THE MAXIMUM EMPLOYEE CONTRIBUTION, AS DEFINED IN  PARAGRAPH  (B)
OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE.
  S  15.  Subdivision 1 of section 213 of the workers' compensation law,
as amended by chapter 784 of the laws of 1980,  is  amended  and  a  new
subdivision 3 is added to read as follows:
  1.  Whenever  a  covered employer does not comply with this article by
providing for the payment of disability AND FAMILY LEAVE benefits to his
OR HER employees in one or more of the  ways  provided  in  section  two
hundred  eleven  OF  THIS ARTICLE or whenever a carrier fails to pay the
benefits required by this article to employees of  a  covered  employer,
then  such employer shall be fully and directly liable to each of his OR
HER employees for the payment of benefits provided by this article.  The
amount of the benefits to which employees of such employers are entitled
under  this article and attendance fees of [their] ANY attending [physi-
cians or attending podiatrists] HEALTH CARE PROVIDER fixed  pursuant  to
subdivision two of section two hundred thirty-two OF THIS ARTICLE shall,
on  order  of  the [chairman] CHAIR, be paid out of the fund established
under section two hundred fourteen OF THIS ARTICLE.  In case of non-com-
pliance of the employer,  such  employer  shall  forthwith  pay  to  the
[chairman]  CHAIR,  for  credit  to the fund, the sum so expended or one
[per cent] PERCENT of his OR HER payroll for his  OR  HER  employees  in
employment  during  the  period of non-compliance, whichever is greater;
provided, however, that if it shall appear to the  satisfaction  of  the
[chairman] CHAIR that the default in payment of benefits or the non-com-
pliance  of the employer otherwise with his OR HER obligation under this
article was inadvertent, the [chairman] CHAIR may fix the sum payable in
such case for non-compliance or default at the amount paid  out  of  the
fund  and a sum less than one [per cent] PERCENT of such payroll, and in
addition the penalties for non-compliance imposed under this article. In
case of failure of the carrier  to  pay  benefits,  the  employer  shall
forthwith  pay  to the [chairman] CHAIR, for credit to the fund, the sum
so expended.
  3. THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF  THIS  CHAPTER
SHALL  NOT  APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY FIRST, TWO
THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY.  THERE-
AFTER,  IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO A
PENALTY FOR VIOLATION OF THIS SECTION, THE CHAIR MAY, IN  THE  INTERESTS
OF  JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR BE
AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY  EXERCISE
THIS  AUTHORITY  ONLY  IF  IT  IS THE EMPLOYER'S FIRST TIME VIOLATION OF
SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER;  THE  EMPLOYER  IS  NOT
LIABLE  FOR  ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY OR FAMILY
LEAVE CLAIMS AS A RESULT OF THE LACK OF COVERAGE; AND THE  EMPLOYER  HAS
PAID  ALL  FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE LACK OF
COVERAGE.
  S 16. Section 217 of the workers' compensation law, as added by  chap-
ter  600 of the laws of 1949, subdivision 1 as amended by chapter 167 of
the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of  the
laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of
1994, is amended to read as follows:
  S  217.  Notice  and  proof of claim.   1. Written notice and proof of
disability OR PROOF OF NEED FOR FAMILY LEAVE shall be furnished  to  the
employer  by  or  on behalf of the employee claiming benefits or, in the

S. 6405--B                         85

case of a claimant under section two hundred seven of this  article,  to
the  chair, within thirty days after commencement of the period of disa-
bility. Additional proof shall be furnished thereafter from time to time
as  the employer or carrier or chair may require but not more often than
once each week. Such proof shall include a statement  of  disability  by
the employee's [attending physician or attending podiatrist or attending
chiropractor or attending dentist or attending psychologist or attending
certified  nurse  midwife]  OR FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE
PROVIDER, or in the case of an employee who  adheres  to  the  faith  or
teachings  of any church or denomination, and who in accordance with its
creed, tenets or principles depends  for  healing  upon  prayer  through
spiritual  means  alone  in  the  practice of religion, by an accredited
practitioner, containing facts and opinions as  to  such  disability  in
compliance  with  regulations of the chair. Failure to furnish notice or
proof within the time and in the manner above provided shall not invali-
date the claim but no benefits shall be required  to  be  paid  for  any
period more than two weeks prior to the date on which the required proof
is  furnished  unless it shall be shown to the satisfaction of the chair
not to have been reasonably possible to furnish such notice or proof and
that such notice or proof was furnished as soon as  possible;  provided,
however,  that  no  benefits  shall be paid unless the required proof of
disability is furnished within [twenty-six weeks after  commencement  of
the  period  of  disability]  THE  PERIOD OF ACTUAL DISABILITY OR FAMILY
LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED  UNDER
SECTION  TWO  HUNDRED  FIVE  OF  THIS  ARTICLE.    No limitation of time
provided in this section shall run  as  against  any  [person]  DISABLED
EMPLOYEE who is mentally incompetent, or physically incapable of provid-
ing  such  notice as a result of a serious medical condition, or a minor
so long as such person has no guardian of the person and/or property.
  2. An employee claiming DISABILITY benefits shall, as requested by the
employer or carrier, submit himself or herself  at  intervals,  but  not
more  than once a week, for examination by [a physician or podiatrist or
chiropractor or dentist or psychologist or certified nurse  midwife]  AN
ACCREDITED  HEALTH  CARE PROVIDER designated by the employer or carrier.
All such examinations shall be without cost to the employee and shall be
held at a reasonable time and place.
  3. The chair OR CHAIR'S DESIGNEE may direct  the  claimant  OR  FAMILY
LEAVE  CARE RECIPIENT to submit to examination by a [physician or podia-
trist or chiropractor or dentist or psychologist] HEALTH  CARE  PROVIDER
designated by him or her in any case in which the claim to disability OR
FAMILY  LEAVE  benefits is contested and in claims arising under section
two hundred seven OF THIS ARTICLE, and in other cases as  the  chair  or
board may require.
  4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good
cause  to  submit  to  any  such  examination shall disqualify [him] THE
CLAIMANT OR EMPLOYEE from all benefits hereunder for the period of  such
refusal, except as to benefits already paid.
  5.  If  benefits required to be paid by this article have been paid to
an employee, further payments for the same disability  OR  FAMILY  LEAVE
shall  not be barred solely because of failure to give notice or to file
proof of disability for the period or periods for  which  such  benefits
have been paid.
  6.  In the event that a claim for benefits is rejected, the carrier or
employer shall send by first class mail written notice of  rejection  to
the  [claimant] EMPLOYEE   within forty-five days of receipt of proof of
disability. Failure to mail such written notice of rejection within  the

S. 6405--B                         86

time  provided,  shall bar the employer or carrier from contesting enti-
tlement to benefits for any period of disability prior  to  such  notice
but  such  failure  may  be excused by the [chairman] CHAIR if it can be
shown  to  the  satisfaction  of  the  [chairman] CHAIR not to have been
reasonably possible to mail such notice and that such notice was  mailed
as  soon  as possible.  Such notice shall include a statement, in a form
prescribed by the [chairman] CHAIR, to the effect  that  the  [claimant]
EMPLOYEE  may,  for the purpose of review [by the board], file [with the
chairman] notice that his or her claim has not been paid AS SET FORTH IN
SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE.
  S 17. Section 219 of the workers'  compensation  law,  as  amended  by
chapter 688 of the laws of 1953, is amended to read as follows:
  S  219. Enforcement of payment in default. In case of a default in the
payment of any benefits, assessments or  penalties  payable  under  this
article  by  an employer who has failed to comply with the provisions of
section two hundred eleven of this [chapter] ARTICLE or refusal of  such
employer  to  reimburse  the  fund under section two hundred fourteen OF
THIS ARTICLE for the expenditures made therefrom pursuant to section two
hundred thirteen OF THIS ARTICLE or to deposit  within  ten  days  after
demand  the  estimated  value  of  benefits  not  presently payable, the
[chairman] CHAIR may file with the county clerk for the county in  which
the employer has his principal place of business (1) a certified copy of
the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION
DESIGNATED  BY  THE  CHAIR PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF
THIS ARTICLE, or order of the [chairman] CHAIR, or (2) a certified  copy
of  the  demand  for deposit of security, and thereupon judgment must be
entered in the supreme court by the clerk of such county  in  conformity
therewith immediately upon such filing.
  S  18. Section 220 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 1 as amended by chapter 387  of
the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of
1979,  subdivision  3  as  amended  by  chapter 415 of the laws of 1983,
subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision
5 as amended by chapter 940 of  the  laws  of  1973,  subdivision  7  as
amended  by  chapter 61 of the laws of 1989 and subdivision 8 as amended
by chapter 213 of the laws of 1993, is amended to read as follows:
  S 220. Penalties. 1. Any employer who  fails  to  make  provision  for
payment  of  disability  OR FAMILY LEAVE benefits as required by section
two hundred eleven of this article within ten days following the date on
which such employer becomes a covered employer as defined in section two
hundred two OF THIS ARTICLE shall be guilty of a  misdemeanor  and  upon
conviction be punishable by a fine of not less than one hundred nor more
than  five hundred dollars or imprisonment for not more than one year or
both, except that where any person has previously been  convicted  of  a
failure  to  make  provisions  for payment of disability OR FAMILY LEAVE
benefits within the preceding five years, upon conviction for  a  second
violation such person shall be fined not less than two hundred fifty nor
more  than  one  thousand  two  hundred fifty dollars in addition to any
other penalties including fines otherwise  provided  by  law,  and  upon
conviction  for a third or subsequent violation such person may be fined
up to two thousand five hundred dollars in addition to any other  penal-
ties  including fines otherwise provided by law. Where the employer is a
corporation, the president, secretary, treasurer, or officers exercising
corresponding functions, shall each be liable under this section.
  2. The [chairman] CHAIR or any officer of the board designated by  him
OR  HER,  upon finding that an employer has failed to make provision for

S. 6405--B                         87

the payment of disability OR FAMILY LEAVE benefits,  shall  impose  upon
such  employer a penalty not in excess of a sum equal to one-half of one
per centum of his OR HER weekly payroll for the period of  such  failure
and  a  further  sum  not  in excess of five hundred dollars, which sums
shall be paid into the fund created under section two  hundred  fourteen
OF THIS ARTICLE.
  3.  If  for  the purpose of obtaining any benefit or payment under the
provisions of this article, or for the purpose of influencing any deter-
mination regarding any benefit payment, either for himself OR HERSELF or
any other person, any person, employee,  employer  or  carrier  wilfully
makes a false statement or representation or fails to disclose a materi-
al fact, he OR SHE shall be guilty of a misdemeanor.
  4.  Whenever a carrier shall fail to make prompt payment of disability
OR FAMILY LEAVE benefits payable under this article and  after  [hearing
before  an  officer  designated  by the chairman] A DETERMINATION BY THE
CHAIR'S DESIGNEE for that purpose,  the  [chairman]  CHAIR  OR  DESIGNEE
shall  determine  that  failure  to make such prompt payment was without
just cause, the [chairman] CHAIR OR  DESIGNEE  shall  collect  from  the
carrier  a  sum not in excess of twenty-five per centum of the amount of
the benefits as to which the carrier failed to make payment,  which  sum
shall  be credited to the special fund for disability benefits. In addi-
tion, the [chairman] CHAIR OR DESIGNEE may collect and pay over  to  the
employee  the  sum  of  ten dollars in respect to each week, or fraction
thereof, for which benefits have not been promptly paid.
  5. In addition to other  penalties  herein  provided,  the  [chairman]
CHAIR OR DESIGNEE shall remove from the list of [physicians] HEALTH CARE
PROVIDERS  authorized  to  render  medical care under the provisions [of
articles one to eight, inclusive,] of this chapter [and from the list of
podiatrists authorized to render podiatric care under section thirteen-k
of this chapter, and from the list of chiropractors authorized to render
chiropractic care under section thirteen-l of this chapter the  name  of
any  physician  or  podiatrist  or  chiropractor] whom [he] THE CHAIR OR
DESIGNEE shall find, after reasonable investigation,  has  submitted  to
the employer or carrier or [chairman] CHAIR in connection with any claim
for  disability  benefits  under this article, a statement of disability
that is not truthful and complete.
  6. In addition to other penalties herein provided, any person who  for
the  purpose  of  obtaining any benefit or payment under this article or
for the purpose of influencing any determination regarding  any  benefit
payment,  knowingly  makes  a  false statement with regard to a material
fact, shall not be entitled to receive  benefits  with  respect  to  the
disability  claimed  or  any  disability  benefits  during the period of
twelve calendar months thereafter; but this penalty shall not be applied
more than once with respect to each such offense.
  7. All fines imposed under subdivisions one and three OF THIS SECTION,
except as herein otherwise provided, shall be paid  directly  and  imme-
diately  by  the  officer  collecting the same to the chair, and be paid
into  the  state  treasury,  provided,  however,  that  all  such  fines
collected  by  justices  of  the  peace  of towns and police justices of
villages shall be paid to the state comptroller in accordance  with  the
provisions  of  section  twenty-seven  of  the town law [and section one
hundred eighty-five of the village law, respectively].
  8. (a) The head of a state or municipal department, board,  commission
or  office  authorized  or required by law to issue any permit for or in
connection with any  work  involving  the  employment  of  employees  in
employment  as  defined in this article, and notwithstanding any general

S. 6405--B                         88

or special statute requiring or authorizing the issue of  such  permits,
shall not issue such permit unless proof duly subscribed by an insurance
carrier  is  produced  in  a  form  satisfactory  to the chair, that the
payment  of  disability  benefits  AND AFTER JANUARY FIRST, TWO THOUSAND
TWENTY-ONE, THE PAYMENT OF FAMILY LEAVE BENEFITS for all  employees  has
been  secured  as  provided  by this article.   Nothing herein, however,
shall be construed as creating any liability on the part of  such  state
or municipal department, board, commission or office to pay any disabil-
ity benefits to any such employee if so employed.
  (b)  The head of a state or municipal department, board, commission or
office authorized or required by law to enter into any contract  for  or
in  connection  with  any  work involving the employment of employees in
employment as defined in this article, and notwithstanding  any  general
or special statute requiring or authorizing any such contract, shall not
enter  into  any such contract unless proof duly subscribed by an insur-
ance carrier is produced in a form satisfactory to the chair,  that  the
payment  of  disability  benefits  AND AFTER JANUARY FIRST, TWO THOUSAND
EIGHTEEN, THE PAYMENT OF FAMILY LEAVE BENEFITS  for  all  employees  has
been secured as provided by this article.
  S  19.  Section  221  of  the workers' compensation law, as separately
amended by chapters 425 and 500 of the laws of 1985, is amended to  read
as follows:
  S  221.  Determination  of  contested claims for disability AND FAMILY
LEAVE benefits.   [Within twenty-six weeks]  IN  ACCORDANCE  WITH  REGU-
LATIONS  ADOPTED BY THE CHAIR, WITHIN TWENTY-SIX WEEKS of written notice
of rejection of claim, the employee may file with the [chairman] CHAIR a
notice that his or her claim for disability OR FAMILY LEAVE benefits has
not been paid, and the employee shall  submit  proof  of  disability  OR
ENTITLEMENT  TO  FAMILY  LEAVE  and  of his or her employment, wages and
other facts reasonably necessary for  determination  of  the  employee's
right  to  such  benefits.  Failure  to file such notice within the time
provided, may be excused [by the chairman] if it can be  shown  [to  the
satisfaction  of  the  chairman] not to have been reasonably possible to
furnish such notice and that such notice was furnished as soon as possi-
ble.  On demand [of the chairman] the employer or carrier  shall  forth-
with  deliver to the [chairman] BOARD the original or a true copy of the
[attending physician's or attending podiatrist's or  accredited  practi-
tioner's  statement]  HEALTH CARE PROVIDER'S REPORT, wage and employment
data and all other papers in the possession of the employer  or  carrier
with respect to such claim.
  The  [board]  CHAIR OR DESIGNEE shall have full power and authority to
determine all issues in relation to every such claim for  disability  OR
FAMILY  LEAVE  benefits  required  or  provided under this article[, and
shall file its decision in the office of the chairman. Upon such filing,
the chairman shall send to the parties a copy of  the  decision.  Either
party  may present evidence and be represented by counsel at any hearing
on such claim.  The decision of the board shall be final as to all ques-
tions of fact and, except as provided in section  twenty-three  of  this
chapter,  as  to  all questions of law].   Every decision [of the board]
shall be complied with in accordance with  its  terms  within  ten  days
thereafter  except  [in  case  of  appeal]  AS PERMITTED BY LAW UPON THE
FILING OF A REQUEST FOR REVIEW, and any payments due under such decision
shall draw simple interest from thirty days after the making thereof  at
the  rate  provided  in section five thousand four of the civil practice
law and rules. THE CHAIR SHALL ADOPT RULES AND REGULATIONS TO CARRY  OUT
THE  PROVISIONS  OF THIS ARTICLE INCLUDING BUT NOT LIMITED TO RESOLUTION

S. 6405--B                         89

OF CONTESTED CLAIMS AND REQUESTS FOR  REVIEW  THEREOF,  AND  PAYMENT  OF
COSTS  FOR  RESOLUTION  OF  DISPUTED CLAIMS BY CARRIERS. THE CHAIR SHALL
HAVE AUTHORITY TO PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION  PROCEDURES
FOR  CLAIMS  ARISING  UNDER  THIS  ARTICLE  INCLUDING BUT NOT LIMITED TO
REFERRAL AND SUBMISSION OF DISPUTED CLAIMS TO MANDATORY ARBITRATION WITH
PRIVATE ARBITRATION ASSOCIATIONS, AND ANY DETERMINATION MADE BY ALTERNA-
TIVE DISPUTE RESOLUTION SHALL NOT BE REVIEWABLE BY  THE  BOARD  AND  THE
VENUE FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION.
  S  20. Section 222 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 222. Technical rules of evidence or procedure  not  required.    The
[chairman  or]  CHAIR,  the  board OR THE CHAIR'S DESIGNEE, in making an
investigation or inquiry or conducting a hearing shall not be  bound  by
common  law  or  statutory  rules  of evidence or by technical or formal
rules of procedure, except as provided by this  chapter;  but  may  make
such  investigation or inquiry or conduct such hearing in such manner as
to ascertain the substantial rights of the parties.
  S 21. Sections 223 and  224  of  the  workers'  compensation  law  are
REPEALED.
  S  22. Section 225 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 225. Fees for representing employees. Claims of attorneys and  coun-
sellors-at-law for services in connection with any contested claim aris-
ing  under  this article shall not be enforceable unless approved by the
board. If so approved, such fee or fees shall become  a  lien  upon  the
benefits  ordered,  but shall be paid therefrom only in the manner fixed
by the board OR THE ALTERNATIVE DISPUTE  RESOLUTION  ASSOCIATION.    Any
other  person, firm, corporation, organization, or other association who
shall exact or receive any fee or gratuity for any services rendered  on
behalf  of  an employee except in an amount SO determined [by the board]
shall be guilty of a misdemeanor. Any person, firm, corporation,  organ-
ization,  or  association  who  shall solicit the business [of appearing
before the board on behalf] of an employee claiming benefits under  this
article,  or  who  shall  make it a business to solicit employment for a
lawyer in connection with any claim for disability OR FAMILY LEAVE bene-
fits under this article, or who shall exact or receive any fee or gratu-
ity or other charge with respect to the collection  of  any  uncontested
claim  for  disability  OR  FAMILY  LEAVE benefits, shall be guilty of a
misdemeanor.
  S 23. Subdivision 5 of section 226 of the workers'  compensation  law,
as  amended by chapter 211 of the laws of 1983, is amended and three new
subdivisions 7, 8 and 9 are added to read as follows:
  5. No contract of insurance issued by an insurance  carrier  providing
the benefits to be paid under this article shall be cancelled within the
time  limited in such contract for its expiration unless notice is given
as required by this section. When cancellation is due to non-payment  of
premiums  such  cancellation  shall  not be effective until at least ten
days after a notice of cancellation of such contract, on a  date  speci-
fied  in  such  notice,  shall  be filed in the office of the [chairman]
CHAIR and also served on the employer. When cancellation is due  to  any
reason other than non-payment of premiums such cancellation shall not be
effective  until  at least thirty days after a notice of cancellation of
such contract, on a date specified in such notice, shall be filed in the
office of  the  [chairman]  CHAIR  and  also  served  on  the  employer;
provided,  however, in either case that if insurance with another insur-
ance carrier has been obtained which  becomes  effective  prior  to  the

S. 6405--B                         90

expiration  of the time stated in such notice, the cancellation shall be
effective as of the date of such other coverage. Such  notice  shall  be
served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv-
ering  it  to  him  [or  by  sending it by certified or registered mail,
return receipt requested, addressed to the employer at his or  its  last
known  place  of business] OR HER BY ELECTRONIC MEANS; provided that, if
the employer be a partnership, then such notice may be given to any  one
of  the  partners,  and if the employer be a corporation then the notice
may be given to any agent or officer of the corporation upon whom  legal
process may be served, provided, however, the right to cancellation of a
policy  of  insurance  in  the  state  fund  shall be exercised only for
nonpayment of premiums or as provided in  section  ninety-four  of  this
chapter.
  7.  THE CHAIR MAY REQUIRE BY REGULATION THAT EVERY POLICY OF INSURANCE
CONTAIN A PROVISION REQUIRING THAT ALL DISPUTES BE RESOLVED BY MANDATORY
ARBITRATION, IN ACCORDANCE WITH SUCH REGULATIONS.
  8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN  ACCORDANCE  WITH
APPLICABLE  PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW.
  9. EXCEPT AS SET FORTH IN SUBDIVISION EIGHT  OF  SECTION  TWO  HUNDRED
ELEVEN  OF  THIS  ARTICLE,  EVERY POLICY OF INSURANCE ISSUED PURSUANT TO
THIS ARTICLE MUST OFFER COVERAGE FOR BOTH DISABILITY  AND  FAMILY  LEAVE
BENEFITS.
  S  24. The section heading of section 227 of the workers' compensation
law, as amended by chapter 805 of the laws of 1984, is amended  to  read
as follows:
  Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation.
  S  25.  Subdivision 1 of section 228 of the workers' compensation law,
as added by section 27 of part GG of chapter 57 of the laws of 2013,  is
amended to read as follows:
  1.  The  estimated  annual expenses necessary for the workers' compen-
sation board OR DEPARTMENT  OF  FINANCIAL  SERVICES  to  administer  the
provisions  of  the  disability  AND  FAMILY LEAVE benefits law shall be
borne by all affected employers and included as part of  the  assessment
rate  generated  pursuant  to  subdivision  two  of  section one hundred
fifty-one of this chapter.
  S 26. Section 229 of the workers'  compensation  law,  as  amended  by
chapter 271 of the laws of 1985, is amended to read as follows:
  S  229.  Posting  of notice and providing of notice of rights. 1. Each
covered employer shall post and maintain in a conspicuous place or plac-
es in and about the employer's place or places of  business  typewritten
or  printed  notices in form prescribed by the [chairman] CHAIR, stating
that the employer has provided for the payment of disability AND  FAMILY
LEAVE  benefits  as  required  by this article. The [chairman] CHAIR may
require any covered employer to furnish a written statement at any  time
showing  the carrier insuring the payment of benefits under this article
or the manner in which such  employer  has  complied  with  section  two
hundred  eleven  OF THIS ARTICLE or any other provision of this article.
Failure for a period of ten days to furnish such written statement shall
constitute presumptive evidence that  such  employer  has  neglected  or
failed in respect of any of the matters so required.
  2.  Whenever  an  employee  of  a covered employer who is eligible for
benefits under section two hundred four of this article shall be  absent
from  work  due  to a disability OR TO PROVIDE FAMILY CARE as defined in
subdivision nine AND SUBDIVISION TWENTY-FIVE  RESPECTIVELY,  of  section

S. 6405--B                         91

two  hundred  one  of this article for more than seven consecutive days,
the employer shall provide the employee with a written statement of  the
employee's rights under this article in a form prescribed by the [chair-
man] CHAIR.  The statement shall be provided to the employee within five
business  days  after  the employee's seventh consecutive day of absence
due to disability OR FAMILY LEAVE or within five business days after the
employer [knows or should know] HAS RECEIVED NOTICE that the  employee's
absence is due to disability OR FAMILY LEAVE, whichever is later.
  S  27.  Section  232  of  the workers' compensation law, as amended by
chapter 270 of the laws of 1990, is amended to read as follows:
  S 232. Fees FOR TESTIMONY of [physicians, podiatrists,  chiropractors,
dentists  and psychologists] HEALTH CARE PROVIDERS.  Whenever his or her
attendance at a hearing, DEPOSITION OR ARBITRATION before the  board  or
[its  referees]  THE CHAIR'S DESIGNEE is required, the attending [physi-
cian or attending podiatrist  or  attending  chiropractor  or  attending
dentist  or  attending psychologist or attending certified nurse midwife
of the disabled employee, except such  physicians  as  are  disqualified
from  testifying  pursuant  to subdivision one of section thirteen-b, or
section nineteen-a of this chapter, and except such podiatrists  as  are
disqualified from testifying under the provisions of section thirteen-k,
and  except such chiropractors as are disqualified from testifying under
the provisions of section thirteen-l, and except such  psychologists  as
are  disqualified  from testifying under the provisions of section thir-
teen-m,] HEALTH CARE PROVIDER shall be entitled to receive a  fee  [from
the  carrier or the fund established under section two hundred fourteen,
in an amount as directed and fixed by the board, or  its  referees,  and
such  fee  shall  be  in addition to any witness fee] IN ACCORDANCE WITH
REGULATIONS OF THE CHAIR.
  S 28. Section 237 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 237. Reimbursement for advance payments by employers. If an employer
has made advance payments of benefits or has made payments to an employ-
ee  in  like  manner  as wages during any period of disability OR FAMILY
LEAVE for which such employee is entitled to the  benefits  provided  by
this article, he OR SHE shall be entitled to be reimbursed by the carri-
er  out of any benefits due or to become due for the existing disability
OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri-
er prior to payment of the benefits BY THE CARRIER.
  S 29. Section 238 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  238. Payments to minors. Minors shall be deemed to be sui juris for
the purpose of [receiving] payment of benefits under this article.
  S 30. Section 239 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  239.  Representation  before the board. Any person, firm, or corpo-
ration licensed by the board under section twenty-four-a OF THIS ARTICLE
or subdivision three-b of section fifty OF THIS CHAPTER shall be  deemed
to  be  authorized  to  appear  in  behalf  of claimants or self insured
employers, as the case may be, in contested disability OR  FAMILY  LEAVE
claims under this article.
  S  31. The section heading and the opening paragraph of section 120 of
the workers' compensation law, as amended by chapter 61 of the  laws  of
1989, are amended to read as follows:
  Discrimination  against employees [who bring proceedings]. It shall be
unlawful for any employer  or  his  or  her  duly  authorized  agent  to
discharge  OR  FAIL TO REINSTATE PURSUANT TO SECTION TWO HUNDRED THREE-B

S. 6405--B                         92

OF THIS CHAPTER, or in any other manner discriminate against an employee
as to his or  her  employment  because  such  employee  has  claimed  or
attempted  to  claim  compensation  from  such  employer,  OR CLAIMED OR
ATTEMPTED  TO  CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER or because
he or she has testified or is about to testify  in  a  proceeding  under
this chapter and no other valid reason is shown to exist for such action
by the employer.
  S 32. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
  2.  The purposes of the state insurance fund herein created are hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR the payment of the benefits required by section two hundred four  of
this  chapter  INCLUDING  BENEFITS FOR FAMILY CARE.   A separate fund is
hereby created within the state insurance fund, which shall be known  as
the  "disability benefits fund", and which shall consist of all premiums
received and paid into said fund on account of such insurance, all secu-
rities acquired by and through the use of moneys belonging to said  fund
and  of interest earned upon moneys belonging to said fund and deposited
or invested as herein provided. Said disability benefits fund  shall  be
applicable  to  the  payment  of  benefits,  expenses and assessments on
account of insurance written pursuant to article nine of  this  chapter.
PREMIUMS  FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS IN
ACCORDANCE WITH THIS ARTICLE SHALL  BE  CALCULATED  IN  ACCORDANCE  WITH
APPLICABLE  PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF  SUCH  LAW.  THE  STATE
INSURANCE  FUND  SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE ON ESTAB-
LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES.
  S 33. Section 88-c of the workers' compensation law, as added by chap-
ter 103 of the laws of 1981, is amended to read as follows:
  S  88-c.  Coverage  of  state  employees.  Notwithstanding  any  other
provisions of law to the contrary AND EXCEPT AS SET FORTH IN SECTION TWO
HUNDRED AND TWELVE-A OF THIS CHAPTER, the liability of the state for the
payment  of compensation under this chapter heretofore existing or here-
inafter arising shall be secured by an insuring agreement to be  entered
into  between  the  department  of civil service and the state insurance
fund wherein the state, from moneys appropriated therefor, shall pay  in
advance to the fund on a periodic basis the actual costs to the fund for
the  meeting  and  paying, as the same become due and payable, all obli-
gations incurred under  this  chapter  by  the  state  as  an  employer.
Notwithstanding  any law to the contrary, the fund may on an actuarially
sound basis provide to the state insurance for any portion of the  obli-
gations  of  the  state  as  employer under this chapter with respect to
injuries or deaths resulting from accidents arising out of  and  in  the
course  of  employment on or after April first, nineteen hundred eighty-
one. All such payments made by the state and paid into  the  state  fund
shall  constitute  a  separate account in the fund to be used solely for
the purpose of discharging all compensation  obligations  of  the  state
pursuant  to  the  provisions of this chapter and in accordance with the
insuring agreement as provided in  this  section.  Any  portion  of  the
account  may be invested in the same manner as the assets of the fund as
provided in section eighty-seven of this article. The liability  of  the
fund  for the payment of any claims or the meeting of any obligations of
the state as an employer as provided in this chapter  shall  not  exceed
the moneys paid into such separate account and any increments or diminu-
tions  thereof.  The agreement shall further provide that the fund shall
render all services and make all reasonable  expenditures  necessary  or

S. 6405--B                         93

required  for  the  processing,  defense and payment of all claims under
this chapter, including the protection of liens, subrogation, credit and
other rights of the state as an employer or the fund as an  insurer,  in
situations where the employees' injuries or deaths were caused by culpa-
bility  of  third  parties.  Except to the extent that the state obtains
insurance on an actuarially sound basis pursuant to  the  provisions  of
this  section, the provisions of section eighty-six of this chapter with
respect to the maintenance of reserves for the purpose of meeting antic-
ipated compensation losses, shall not in any  manner  be  applicable  to
claims  of  employees  of  the  state with respect to injuries or deaths
resulting from accidents arising out of and in the course of  employment
prior  to  April  first,  nineteen hundred eighty-one, or to an insuring
agreement entered into between the state insurance fund and the  depart-
ment of civil service in accordance with the provisions of this section.
  S 34. Subdivision 1 of section 141-a of the workers' compensation law,
as  added  by  chapter  6  of  the  laws  of 2007, is amended to read as
follows:
  1. To investigate violations of sections fifty-two [and], one  hundred
thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or
her designees shall have the power to:
  (a) Enter and inspect any place of business at any reasonable time for
the purpose of investigating employer compliance.
  (b) Examine and copy business records.
  (c) Administer oaths and affirmations.
  (d)   Issue  and  serve  subpoenas  for  attendance  of  witnesses  or
production of business records, books, papers, correspondence,  memoran-
da, and other records. Such subpoenas may be served without the state on
any  defendant  over whom a New York court would have personal jurisdic-
tion under the civil practice law and rules as  to  the  subject  matter
under  investigation, provided the information or testimony sought bears
a reasonable relationship to the subject matter under investigation.
  S 35. Section 318 of the workers' compensation law, as added by  chap-
ter 788 of the laws of 1951, is amended to read as follows:
  S  318.  Rules of evidence; modification of board decisions or orders;
appeals. The provisions of [sections] SECTION two hundred twenty-two  [,
two  hundred  twenty-three  and two hundred twenty-four] OF THIS CHAPTER
are made applicable to claims for compensation under this article.
  S 36. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
law is amended to read as follows:
  (3) "Accident and health insurance," means (i) insurance against death
or  personal  injury  by  accident  or by any specified kind or kinds of
accident and insurance  against  sickness,  ailment  or  bodily  injury,
including  insurance  providing  disability  AND  FAMILY  LEAVE benefits
pursuant to article nine of the workers'  compensation  law,  except  as
specified  in  item  (ii)  hereof;  and  (ii) non-cancellable disability
insurance, meaning insurance against disability resulting from sickness,
ailment or bodily injury (but excluding insurance solely  against  acci-
dental  injury)  under  any contract which does not give the insurer the
option to cancel or otherwise terminate the contract  at  or  after  one
year from its effective date or renewal date.
  S  37.  Paragraphs  1  and  4 of subsection (h) of section 4235 of the
insurance law are amended and a new subsection (n) is to added  read  as
follows:
  (1)  Each  domestic  insurer  and  each foreign or alien insurer doing
business in this state shall file with the superintendent its  schedules
of  premium  rates,  rules  and  classification  of  risks  for  use  in

S. 6405--B                         94

connection with the issuance of its policies of  group  accident,  group
health  or  group  accident  and  health  insurance, and of its rates of
commissions, compensation or other fees  or  allowances  to  agents  and
brokers  pertaining to the solicitation or sale of such insurance and of
such fees or allowances, exclusive of amounts payable to persons who are
in the regular employ of the insurer, other than as agent or  broker  to
any individuals, firms or corporations pertaining to such class of busi-
ness,  whether  transacted within or without the state. A GROUP ACCIDENT
AND HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE  BENE-
FITS  PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL BE
SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION.
  (4) Nothing herein shall prohibit the state insurance fund from taking
into account peculiar hazards of individual risks in establishing higher
premium rates to be charged for insurance providing for the  payment  of
disability  [or]  AND  FAMILY  LEAVE benefits in accordance with article
nine of the workers' compensation law.
  (N)(1) ON OR BEFORE JUNE FIRST, TWO  THOUSAND  SEVENTEEN,  THE  SUPER-
INTENDENT  OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH THE
CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL  DETERMINE
WHETHER A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILI-
TY  OR  FAMILY  LEAVE  BENEFITS  PURSUANT  TO  ARTICLE 9 OF THE WORKERS'
COMPENSATION LAW, INCLUDING POLICIES ISSUED BY THE STATE INSURANCE FUND,
SHALL BE EXPERIENCE RATED OR COMMUNITY RATED, WHICH MAY INCLUDE SUBJECT-
ING THE POLICY TO A RISK ADJUSTMENT MECHANISM.
  (2) IF THE POLICY IS SUBJECTED TO A  RISK  ADJUSTMENT  MECHANISM,  THE
SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES-
SARY  FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH THE
CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE.  ANY  SUCH  RISK
ADJUSTMENT  MECHANISM  SHALL BE ADMINISTERED DIRECTLY BY THE SUPERINTEN-
DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR
OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, OR BY  A  THIRD  PARTY
VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA-
TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD.
  (3)  "RISK  ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION MEANS THE
PROCESS USED TO EQUALIZE THE PER MEMBER PER MONTH  CLAIM  AMOUNTS  AMONG
INSURERS  IN  ORDER  TO  PROTECT  INSURERS FROM DISPROPORTIONATE ADVERSE
RISKS.
  S 38. Subdivision (c) of section 1108 of the insurance law, as amended
by chapter 838 of the laws of 1985, is amended to read as follows:
  (c) The  state  insurance  fund  of  this  state,  except  as  to  the
provisions of subsection (d) of section two thousand three hundred thir-
ty-nine,  section  three thousand one hundred ten, subsection (a), para-
graph one of subsection (b),  paragraph  three  of  subsection  (c)  and
subsection (d) of section three thousand two hundred one, sections three
thousand  two  hundred two, three thousand two hundred four, subsections
(a) through (d)  of  section  three  thousand  two  hundred  twenty-one,
subsections  (b)  and  (c)  of section four thousand two hundred twenty-
four, section four thousand two hundred twenty-six and  subsections  (a)
and  (b)  [and],  (g)  through (j), AND (N) of section four thousand two
hundred thirty-five of this chapter and except as otherwise specifically
provided by the laws of this state.
  S 39. Section 242 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  242.  Separability  of provisions; FEDERAL LAW; REGULATIONS.  1. If
any provision of this [act] ARTICLE or the application  thereof  to  any
person  or  circumstances  is  held invalid, the remainder of this [act]

S. 6405--B                         95

ARTICLE and the application  of  such  provision  to  other  persons  or
circumstances shall not be affected thereby.
  2.  NOTHING  IN  THIS ARTICLE SHALL BE INTERPRETED OR APPLIED SO AS TO
CREATE A CONFLICT WITH FEDERAL LAW.
  3. THE CHAIR SHALL HAVE AUTHORITY TO ADOPT REGULATIONS  TO  EFFECTUATE
ANY OF THE PROVISIONS OF THIS ARTICLE.
  S  40. This act shall take effect April 1, 2016 and shall apply to all
policies or contracts issued, renewed, modified, altered or  amended  on
or  after  such  effective date; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

                                 PART I

                          Intentionally Omitted

                                 PART J

                          Intentionally Omitted

                                 PART K

                          Intentionally Omitted

                                 PART L

  Section 1. Paragraph (d) of subdivision 4 of section 209 of the  civil
service law, as amended by chapter 67 of the laws of 2013, is amended to
read as follows:
  (d) The provisions of this subdivision shall expire [thirty-nine years
from  July  first,  nineteen hundred seventy-seven, and hereafter may be
renewed every four years] JULY FIRST, TWO THOUSAND NINETEEN.
  S 2. Paragraph (f) of subdivision  6  of  section  209  of  the  civil
service  law,  as added by chapter 67 of the laws of 2013, is amended to
read as follows:
  (f) The provisions of this subdivision shall expire [three years from]
July first, two thousand [thirteen] NINETEEN.
  S 3. This act shall take effect immediately.

                                 PART M

  Section 1. The opening paragraph of subdivision 3 of section  93-b  of
the  state finance law, as added by section 1 of part H of chapter 60 of
the laws of 2015, is amended to read as follows:
  Notwithstanding any other provisions of law to the contrary,  for  the
state  fiscal  year  commencing  on  April first, two thousand [fifteen]
SIXTEEN, 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  comp-
troller is only authorized to transfer monies from the dedicated infras-
tructure investment fund to the general fund in the event of an economic
downturn  as  described  in paragraph (a) of this subdivision; and/or to

S. 6405--B                         96

fulfill disallowances and/or settlements  related  to  over-payments  of
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 (b) of this subdivision.
  S 2. This act shall take effect immediately.

                                 PART N

                          Intentionally Omitted

                                 PART O

                          Intentionally Omitted

                                 PART P

                          Intentionally omitted

                                 PART Q

  Section  1. Section 1000 of the retirement and social security law, as
added by chapter 548 of the laws of 2000,  subdivision  9  as  added  by
chapter  547  of the laws of 2002 and subdivision 10 as added by chapter
18 of the laws of 2012, is amended to read as follows:
  S 1000. Military  service  credit.  Notwithstanding  any  law  to  the
contrary,  a  member  of  a  public  retirement  system of the state, as
defined in subdivision twenty-three of section five hundred one of  this
chapter, shall be eligible for credit for military service as hereinaft-
er provided:
  1.  A member, upon application to such retirement system, may obtain a
total not to exceed three years of service credit for up to three  years
of  military  duty, as defined in section two hundred forty-three of the
military law, if the member was honorably discharged from  the  military
[and  all  or  part  of  such  military  service was rendered during the
following periods: (a) commencing  December  seventh,  nineteen  hundred
forty-one   and  terminating  December  thirty-first,  nineteen  hundred
forty-six; (b) commencing June twenty-seventh,  nineteen  hundred  fifty
and  terminating  January  thirty-first, nineteen hundred fifty-five; or
(c) commencing February twenty-eighth, nineteen  hundred  sixty-one  and
terminating May seventh, nineteen hundred seventy-five;
  2.  A member, upon application to such retirement system, may obtain a
total not to exceed three years of service credit for up to three  years
of  military  duty, as defined in section two hundred forty-three of the
military law, if honorably discharged therefrom, if all or part of  such
services  was  rendered  in  the military conflicts referenced below, as
follows:
  (a) hostilities participated in by the military forces of  the  United
States  in Lebanon, from the first day of June, nineteen hundred eighty-
three to the first day of December, nineteen  hundred  eighty-seven,  as
established by receipt of the armed forces expeditionary medal, the navy
expeditionary medal, or the marine corps expeditionary medal;
  (b)  hostilities  participated in by the military forces of the United
States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
hundred eighty-three, as established by  receipt  of  the  armed  forces

S. 6405--B                         97

expeditionary  medal,  the navy expeditionary medal, or the marine corps
expeditionary medal;
  (c)  hostilities  participated in by the military forces of the United
States in Panama, from the twentieth day of December,  nineteen  hundred
eighty-nine to the thirty-first day of January, nineteen hundred ninety,
as  established  by receipt of the armed forces expeditionary medal, the
navy expeditionary medal, or the marine corps expeditionary medal; or
  (d) hostilities participated in by the military forces of  the  United
States,  from  the second day of August, nineteen hundred ninety, to the
end of such hostilities in case of a veteran who served in  the  theater
of  operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the
United Arab Emirates, Oman, the Gulf of Aden,  the  Gulf  of  Oman,  the
Persian Gulf, the Red Sea, and the airspace above these locations].
  [3] 2. A member must have at least five years of credited service (not
including  service  granted  hereunder) to be eligible to receive credit
under this section.
  [4] 3. To obtain such credit,  a  member  shall  pay  such  retirement
system,  for  deposit  in  the fund used to accumulate employer contrib-
utions, a sum equal to the product of the number of  years  of  military
service  being  claimed  and three percent of such member's compensation
earned during the twelve months of credited service immediately  preced-
ing  the  date  that  the member made application for credit pursuant to
this section. If permitted by  rule  or  regulation  of  the  applicable
retirement  system,  the  member  may  pay  such member costs by payroll
deduction for a period which shall not exceed the time period  of  mili-
tary  service  to be credited pursuant to this section. In the event the
member leaves the employer payroll prior to completion of payment, he or
she shall forward all remaining required  payments  to  the  appropriate
retirement system prior to the effective date of retirement. If the full
amount  of  such  member costs is not paid to the appropriate retirement
system prior to the member's retirement, the amount of service  credited
shall  be proportional to the total amount of the payments made prior to
retirement.
  [5] 4. In no event shall the credit granted pursuant to this  section,
when  added  to  credit granted for military service with any retirement
system of this state pursuant to this or any  other  provision  of  law,
exceed a total of three years.
  [6]  5.  To  be  eligible to receive credit for military service under
this section, a member must make application for such credit before  the
effective  date of retirement. [Notwithstanding the foregoing provisions
of this subdivision, an individual who  retired  on  or  after  December
twenty-first,  nineteen  hundred  ninety-eight  and before the effective
date of this section may make application for credit  pursuant  to  this
section within one year following the effective date of this section, in
which  event, the cost to the retiree would be based on the twelve month
period immediately preceding retirement.]
  [7] 6. All costs for service credited to a  member  pursuant  to  this
section,  other  than the member costs set forth in subdivision three of
this section, shall be paid by the state and all employers which partic-
ipate in the retirement system in which such member is granted credit.
  [8] 7. A member who has purchased military service credit pursuant  to
section  two  hundred forty-four-a of the military law shall be entitled
to a refund of the difference between the amount paid by the member  for
such  purchase  and the amount that would be payable if service had been
purchased pursuant to this section.

S. 6405--B                         98

  [9] 8. Notwithstanding any other provision of law,  in  the  event  of
death  prior  to retirement, amounts paid by the member for the purchase
of military service credit pursuant to this section shall  be  refunded,
with  interest,  to  the extent the military service purchased with such
amounts  does  not  produce a greater death benefit than would have been
payable had the member not purchased such credit.
  Notwithstanding any other provision of law, in the  event  of  retire-
ment,  amounts  paid  by the member for the purchase of military service
credit pursuant to this section shall be refunded, with interest, to the
extent the military service purchased with such amounts does not produce
a greater retirement allowance than would  have  been  payable  had  the
member not purchased such credit.
  [10.]  9. Anything to the contrary in subdivision [four] THREE of this
section notwithstanding, to obtain such credit, a member who first joins
a public retirement system of the state on or  after  April  first,  two
thousand  twelve  shall  pay  such retirement system, for deposit in the
fund used to accumulate employer contributions, a sum equal to the prod-
uct of the number of years of military service  being  claimed  and  six
percent of such member's compensation earned during the twelve months of
credited  service  immediately  preceding  the date that the member made
application for credit pursuant to this section.
  S 2.  The sum of twenty-four million eight  hundred  thousand  dollars
($24,800,000),  or so much thereof as may be necessary, is hereby appro-
priated to the department of audit and control out of any moneys in  the
state  treasury  in the general fund to the credit of the state purposes
account, not otherwise appropriated, and made immediately available, for
the purpose of carrying out the provisions of this  act.    Such  moneys
shall be payable on the audit and warrant of the comptroller on vouchers
certified  or  approved by the head of the appropriate public retirement
system in the manner prescribed by law.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This bill would allow up to three (3)  years  of  service  credit  for
military  duty  by removing all existing requirements that such military
service be performed during certain war periods, during certain  hostil-
ities  while  in the theater of operations or upon receipt of an expedi-
tionary medal. However, the total service credit granted for active  and
peacetime  military  service  shall  not exceed three (3) years. Members
must have at least five years of credited service (not  including  mili-
tary  service).  Tier 1-5 members would be required to make a payment of
three percent of their most recent compensation per year  of  additional
service credit granted by this bill. Tier 6 members would be required to
make a payment of six percent of their most recent compensation per year
of additional service credit.
  If this bill is enacted, insofar as this proposal affects the New York
State and Local Employees' Retirement System (ERS), it is estimated that
the past service cost will average approximately 15% (12% for Tier 6) of
an  affected  members'  compensation for each year of additional service
credit that is purchased.
  Insofar as this proposal affects the New York State and  Local  Police
and Fire Retirement System (PFRS), it is estimated that the past service
cost  will  average  approximately  19%  (16% for Tier 6) of an affected
members' compensation for  each  year  of  additional  service  that  is
purchased.
  The  exact  number  of  current  members as well as future members who
could be affected by this legislation cannot be readily determined.

S. 6405--B                         99

  ERS costs would be borne entirely by the State of New  York.  Since  a
member  can  apply  for this service credit at any time prior to retire-
ment, a precise cost can't be determined until each member, as  well  as
future  members,  applies for the service credit. Every year a cost will
be  determined  (and billed to the state) based on those benefiting from
this provision.
  PFRS costs would be shared by the State of New York  and  the  partic-
ipating employers in the PFRS.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
Annual Report to the Comptroller on Actuarial Assumptions, and the Codes
Rules and Regulations of the State of New York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2015
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated January 14, 2016 and intended for use only during
the  2016  Legislative  Session, is Fiscal Note No. 2016-25, prepared by
the Actuary for the New York State and Local Retirement System.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  With respect to certain New York City Retirement Systems (NYCRS), this
proposed legislation would amend New York State  Retirement  and  Social
Security  Law  (RSSL) Section 1000 to provide certain members of the New
York City Employees' Retirement  System  (NYCERS),  the  New  York  City
Teachers'  Retirement System (NYCTRS), the New York City Board of Educa-
tion Retirement System (BERS), the New York  City  Police  Pension  Fund
(POLICE)  and  the New York Fire Department Pension Fund (FIRE), collec-
tively, the New York City Retirement Systems (NYCRS), the opportunity to
obtain  additional  retirement  service  credits  for  certain  Military
Service.
  This  proposed legislation would permit any NYCRS member, prior to the
effective date of retirement, to make application for  these  additional
service credits.
  To  obtain such Military Service credits, members would be required to
pay to  the  appropriate  NYCRS,  for  each  year  of  Military  Service
purchased,  a  sum equal to 3.0% (6.0% for members who first join on and
after April 1, 2012) of such member's  compensation  earned  during  the
twelve  months  of  credited service immediately preceding the date that
the member makes application for credit.
  MEMBERS IMPACTED: Insofar as this proposed legislation relates to  the
NYCRS,  the  number  of  members who could potentially benefit from this
proposed legislation cannot be readily determined.
  IMPACT ON BENEFITS: With respect to the NYCRS, a member who served  in
the  U.S.  military and received an honorable discharge would be permit-
ted, after completing five years of credited service (exclusive  of  the
service credit that could be purchased under this proposed legislation),
to  purchase  a maximum of three years of Military Service (inclusive of
any prior purchases of Military Service credit).
  In order to purchase the Military Service  credits  provided  in  this
proposed  legislation,  a  member  must  have  been honorably discharged

S. 6405--B                         100

following a period of "military duty" as defined in New York State Mili-
tary Law Section 243.
  If  a  member's  Military  Service  meets  these conditions, then that
member would be permitted to purchase a maximum of three years of  Mili-
tary  Service  (inclusive  of  any  previously-received Military Service
credit) attributable to any period of the member's military career.
  For purposes of the respective NYCRS, each year  of  Military  Service
credit  purchased would apply toward providing the member with a year of
benefit accrual  under  the  particular  benefit  formula  covering  the
member.
  In  certain  circumstances, the member also may be entitled to utilize
such Military Service as  qualifying  service  for  benefit  eligibility
purposes.
  For purposes of this Fiscal Note, it has been assumed that members who
purchase  Military  Service in accordance with this proposed legislation
would generally be entitled to count such service  for  benefit  accrual
purposes and for the purpose of qualifying for benefits.
  FINANCIAL IMPACT - OVERVIEW: With respect to an individual member, the
additional  cost of this proposed legislation would depend on the length
of all New York City service, age, salary history and Plan in which  the
member  participates,  as  well as the number of years of service credit
purchased.
  With respect to employers participating in  the  NYCRS,  the  ultimate
employer  cost  of  this proposed legislation would be determined by the
increase in benefits to be paid, the impact of certain benefits commenc-
ing earlier and the reduction in certain future member contributions.
  FINANCIAL IMPACT - ACTUARIAL PRESENT VALUES: The additional  Actuarial
Present  Value  (APV)  of benefits would depend on the number, salaries,
ages and lengths of Military Service purchased by members who  would  be
affected by this proposed legislation.
  With respect to the NYCRS and based on the census data and assumptions
herein,  the  enactment  of this proposed legislation would increase the
Actuarial Present Value (APV) of benefits (APVB) by approximately $147.1
million of June 30, 2016.
  In addition, with respect to the  NYCRS,  the  APV  of  future  member
contributions (primarily attributable to the payments by members of 3.0%
(6.0%  for  members who first join on and after April 1, 2012) of salary
per year of Military Service purchased) would increase by  approximately
$22.2 million when measured as of June 30, 2016.
  Consequently, with respect to the NYCRS, the APV of net future employ-
er  contributions  would  increase by approximately $124.9 million as of
June 30, 2016.
  FINANCIAL IMPACT - ANNUAL EMPLOYER  COSTS:  The  ultimate  cost  of  a
pension  plan  is  the  benefits it pays. With respect to the NYCRS, the
financing of that ultimate cost depends upon the census  data  used  and
the actuarial assumptions and methods employed. Assuming that all eligi-
ble members were to purchase the eligible Military Service during Fiscal
Year  2016  and based on the Actuary's actuarial assumptions and methods
in effect as of June 30, 2015, the enactment  of  this  proposed  legis-
lation  would  increase  annual  employer  costs  by approximately $14.8
million per year.
  FINANCIAL IMPACT - EMPLOYER CONTRIBUTIONS: The impact of the  proposed
legislation  on employer contributions would be a function of the census
data (i.e., age/service/salary,  etc.) reported to the  Actuary  and  of
the timing of the members electing to buy back their Military Service.

S. 6405--B                         101

  With  respect  to  the NYCRS, based on the Actuary's actuarial assump-
tions and methods in effect as of June 30, 2015, the enactment  of  this
proposed legislation would ultimately increase employer contributions by
approximately the estimated additional annual employer costs.
  If applications for buying back Military Service were completed during
Fiscal  Year 2016 and the NYCRS census data were updated to reflect this
information by June 30, 2016, then employer contributions would first be
impacted for Fiscal Year 2018.
  If the Military Service buybacks  were  completed  after  Fiscal  Year
2016,  then  the  increase  in  employer contributions would first occur
after Fiscal Year 2018.
  FINANCIAL IMPACT - SUMMARY: The following table summarizes  the  esti-
mated financial impact of this proposed legislation on the NYCRS.
        Estimated Financial Impact to Allow Members of the NYCRS
        To Purchase up to Three Years of Military Service Credit
                              ($ Millions)
Retirement     Additional           Additional               Estimated
  System        APV of             APV of Future             First Year
               Benefits              Employer                Additional
                                   Contributions{1}         Employer Costs{2}
NYCERS          $51.0              $42.9                     $5.1
NYCTRS           15.6               12.8                      1.5
BERS              2.2                1.9                      0.2
POLICE           61.8               53.0                      6.3
FIRE             16.5               14.3                      1.7
  TOTAL        $147.1              124.9                    $14.8
  {1}  Equals  increase  in  APVB minus increase in APV of future member
contributions.
  {2} Estimated Additional Employer Costs are determined without  regard
to  the  funded  status of the Retirement Systems and represent the best
estimates of the ultimate annual financial burden of the proposed legis-
lation. Estimated Additional  Employer  Contributions  would  ultimately
approximate Estimated Additional Employer Costs.
  ADDITIONAL  EMPLOYER COSTS - GENERAL: In general, the real cost of the
enactment of this proposed legislation would be the additional  benefits
paid.
  This  Fiscal  Note  does  not  include  analyses of the impact of this
proposed legislation on the expected increases in  administrative  costs
or costs for Other Post-Employment Benefits (OPEB).
  CENSUS DATA: The census data used for estimates of APV of benefits and
employer  contributions presented herein are the active members included
in the June 30, 2015 (Lag) actuarial valuations of NYCERS, NYCTRS, BERS,
POLICE and FIRE used to  determine  the  Preliminary  Fiscal  Year  2017
employer contributions.
  ACTUARIAL  ASSUMPTIONS  AND  METHODS:  Additional  APV of benefits, of
member contributions and of employer contributions have  been  estimated
as  of  June 30, 2017 using various approximating techniques and assump-
tions by the Actuary, including, but not limited to:
  * A certain percentage of Veterans being honorably discharged.
  * A certain percentage of honorably discharged  Veterans  being  disa-
bled.
  *  Different  percentages  of  members by NYCERS having prior Military
Service.
  * Each eligible member purchasing an average of 2.5 years of the Mili-
tary Service.

S. 6405--B                         102

  Changes in employer contributions have  been  estimated  assuming  the
increase  in  the APV of Future Employer Contributions would be financed
over a time period comparable to that used for  actuarial  losses  under
the Entry Age Actuarial Cost Method. Using this approach, the Additional
APV  of  Future  Employer Contributions would be amortized over a closed
15-year period (14 payments under One-Year Lag Methodology) using  level
dollar payments.
  STATEMENT  OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
ary for the New York City Retirement Systems. I am an Associate  of  the
Society  of  Actuaries, a Fellow of the Conference of Consulting Actuar-
ies, and a Member of the American Academy of Actuaries. I meet the Qual-
ification Standards of the American Academy of Actuaries to  render  the
actuarial opinion contained herein.
  FISCAL  NOTE  IDENTIFICATION:  This  estimate is intended for use only
during the 2016 Legislative Session. It is Fiscal  Note  2016-04,  dated
March  1,  2016,  prepared  by  the  Chief Actuary for the New York City
Employees' Retirement System, the New  York  City  Teachers'  Retirement
System,  the New York City Board of Education Retirement System, the New
York City Police Pension Fund and the New York Fire  Department  Pension
Fund.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This  bill would amend Section 1000 of the Retirement and Social Secu-
rity Law to allow active members of public  retirement  systems  of  New
York  State  to  claim  service credit for up to three years of military
service, regardless of when or where it was performed. Currently, active
members can receive service credit for military service  performed,  but
only  during  specified periods of war. A member must have at least five
years of credited service to be eligible and make application  for  such
credit before the effective date of retirement. To obtain such credit, a
member  must make payments as required in Section 1000 of the Retirement
and Social Security Law. Tier 1, 2, 3, 4 and 5 members are  required  to
pay  three percent of salary earned during the twelve months of credited
service immediately preceding the year in which a claim is made for each
year of military service. Tier 6 members are required to pay six percent
of salary earned during the twelve months of credited service immediate-
ly preceding the year in which a claim is made for each year of military
service.
  It is not possible to determine the total annual  cost  of  this  bill
since  the  total  amount of service credit which would be claimed under
this bill cannot be estimated. Pursuant to Section 25 of the  Retirement
and  Social  Security  Law,  the  cost  to  the New York State Teachers'
Retirement System (NYSTRS) would be borne by the State of New  York  and
would require an itemized appropriation adequate to pay the cost of this
bill.   The cost to the State of New York is estimated to be $19,700 per
year of service credited for Tier 1, 2, 3, 4 and 5 members  and  $15,200
per year of service credited for Tier 6 members if this bill is enacted.
Each  year  a  cost will be computed and billed to the State of New York
for those members of NYSTRS receiving a benefit under this bill.
  Employee data is from the System's  most  recent  actuarial  valuation
files,  consisting  of  data provided by the employers to the Retirement
System. Data distributions and statistics can be found in  the  System's
Comprehensive  Annual  Financial  Report  (CAFR).  System  assets are as
reported in the System's financial statements, and can also be found  in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.

S. 6405--B                         103

  The  source  of  this estimate is Fiscal Note 2016-8 dated February 3,
2016 prepared by the Actuary of the New York State Teachers'  Retirement
System and is intended for use only during the 2016 Legislative Session.
I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
Retirement  System.  I  am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of  Actu-
aries to render the actuarial opinion contained herein.

                                 PART R

  Section  1. The correction law is amended by adding a new section 23-a
to read as follows:
  S 23-A. TRANSFER OF PAROLE VIOLATORS. 1. IF ANY  PERSON  PRESUMPTIVELY
RELEASED,  PAROLED,  CONDITIONALLY  RELEASED,  RELEASED  TO POST-RELEASE
SUPERVISION, OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE  PAROLEE
SUPERVISION  SHALL  HAVE  BEEN ARRESTED FOR VIOLATING ONE OR MORE CONDI-
TIONS OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE  OR
POST-RELEASE  SUPERVISION,  SUCH  PERSON, AFTER TEN BUSINESS DAYS IN ANY
LOCAL CORRECTIONAL FACILITY, SHALL EITHER BE:
  A. TRANSFERRED TO A STATE CORRECTIONAL FACILITY, WITH  THE  COSTS  AND
RESPONSIBILITIES  ASSOCIATED  WITH SUCH TRANSFER BORNE BY THE DEPARTMENT
PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR
  B. KEPT IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE  COUNTY'S  COSTS
OF  SUCH  TEMPORARY  DETAINMENT  REIMBURSED BY THE DEPARTMENT WHERE SUCH
PERSON HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS  BEEN
PRONOUNCED  WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY OF
THE COMMISSIONER.
  2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
IN  ANY  CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, OR
IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO
REMAIN IN THE LOCAL CORRECTIONAL FACILITY FOR  UP  TO  TWENTY  DAYS  PER
EXTENSION.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.

                                 PART S

  Section 1. Section 10 of the correction law is amended by adding a new
subdivision 5 to read as follows:
  5. DUTIES TO BE PERFORMED EXCLUSIVELY BY GRADE TWENTY-ONE PAROLE OFFI-
CERS  SHALL  INCLUDE,  BUT NOT BE LIMITED TO: EXECUTING PAROLE WARRANTS,
TRANSPORTING PAROLEES, CONDUCTING SUBSTANCE ABUSE TESTING  OF  PAROLEES,
CONDUCTING  HOME  OR FIELD VISITS WITH PAROLEES, CONDUCTING ANY INVESTI-
GATION RELATING TO PAROLEES VIOLATING THE TERMS AND CONDITIONS OF  THEIR
RELEASE, OR ANY MATTER SPECIFICALLY RELATED TO PAROLEE SUPERVISION.
  S 2. This act shall take effect immediately.

                                 PART T

  Section  1.  Subparagraph  (iv)  of paragraph (c) of subdivision 1 and
subparagraph (v) of paragraph (b) of subdivision 3 of section 270.00  of
the  penal law, as added by chapter 477 of the laws of 2014, are amended
to read as follows:

S. 6405--B                         104

  (iv) except in cities with a population of one million  or  more,  [in
those  counties  and  cities that opt by local law pursuant to paragraph
(b) of subdivision five of section 405.00 of this chapter,]  "fireworks"
and  "dangerous  fireworks"  shall  not  be deemed to include "sparkling
devices" as defined in subparagraph (vi) of paragraph (a) of this subdi-
vision.
  (v)  except  in  cities  with  a  population  of  one million or more,
possession of sparkling devices lawfully  obtained  in  [a  jurisdiction
that  did opt by local law pursuant to paragraph (b) of subdivision five
of section 405.00 of this chapter to exclude  "sparkling  devices"  from
the  definitions  of  "fireworks"  and  "dangerous  fireworks",  for the
purpose of lawful use in another jurisdiction that did opt by local  law
pursuant  to paragraph (b) of subdivision five of section 405.00 of this
chapter to exclude "sparkling devices" from the  definitions  of  "fire-
works"  and  "dangerous  fireworks".  The superintendent of state police
shall annually publish a list of those jurisdictions that have opted  by
local  law  pursuant  to  paragraph  (b)  of subdivision five of section
405.00 of this chapter to exclude "sparkling  devices"  from  the  defi-
nitions  of  "fireworks" and "dangerous fireworks"] ANOTHER JURISDICTION
WITHIN THE STATE.
  S 2. Paragraph (b) of subdivision 5 of section  405.00  of  the  penal
law,  as added by chapter 477 of the laws of 2014, is amended to read as
follows:
  (b) [Further, no city or county shall be bound to  include  "sparkling
device"  in  the definitions of "fireworks" and "dangerous fireworks" in
section 270.00 of this chapter, if such city or county shall so  author-
ize  the  exemption  of  "sparkling  device" by law. If any such city or
county so elects, it] A CITY OR COUNTY and such  other  local  jurisdic-
tions  that  lie  within its geographical boundaries shall not enact any
[other] local law that is inconsistent with the provisions  of  subpara-
graph (iv) of paragraph (c) of subdivision one of section 270.00 of this
chapter,  nor  [to]  regulate  sparkling  devices in a manner that is in
conflict with the provisions of NFPA 1124, 2006 edition.
  S 3. This act shall take effect immediately.

                                 PART U

  Section 1. Section 10.00 of the penal law is amended by adding  a  new
subdivision 22 to read as follows:
  22.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
  S 2. Section 120.08 of the penal law, as added by chapter 632  of  the
laws of 1996, is amended to read as follows:
S 120.08 Assault on a peace officer, police officer, fireman [or], emer-
           gency  medical services professional OR A MEMBER OF THE MILI-
           TARY OR RESERVES.
  A person is guilty of assault on  a  peace  officer,  police  officer,
fireman [or], emergency medical services professional OR A MEMBER OF THE
MILITARY  OR  RESERVES  when,  with  intent  to prevent a peace officer,
police officer, a fireman, including a fireman acting as a paramedic  or
emergency  medical  technician  administering first aid in the course of
performance of duty as such fireman, [or] an emergency  medical  service
paramedic  or  emergency  medical service technician, OR A MEMBER OF THE
MILITARY OR RESERVES, from performing a lawful duty, he  causes  serious

S. 6405--B                         105

physical injury to such peace officer, police officer, fireman, paramed-
ic [or], technician OR A MEMBER OF THE MILITARY OR RESERVES.
  Assault  on  a  peace officer, police officer, fireman [or], emergency
medical services professional OR A MEMBER OF THE MILITARY OR RESERVES is
a class C felony.
  S 3. Section 125.27 of the penal law, as added by chapter 367  of  the
laws of 1974, subdivision 1 as amended by chapter 1 of the laws of 1995,
subparagraph  (ii-a) of paragraph (a) of subdivision 1 as added by chap-
ter 1 of the laws of 2013, subparagraph (vii) of paragraph (a) of subdi-
vision 1 as amended by chapter 264 of the  laws  of  2003,  subparagraph
(xii)  of  paragraph  (a)  of  subdivision 1 as amended and subparagraph
(xiii) of paragraph (a) of subdivision 1 as added by chapter 300 of  the
laws of 2001, is amended to read as follows:
S 125.27 Murder in the first degree.
  A person is guilty of murder in the first degree when:
  1.  With intent to cause the death of another person, he OR SHE causes
the death of such person or of a third person; and
  (a) Either:
  (i) the intended victim was a police officer as defined in subdivision
[34] THIRTY-FOUR of section 1.20 of the criminal procedure law  who  was
at  the  time  of the killing engaged in the course of performing his OR
HER official duties, and the defendant knew or  reasonably  should  have
known that the intended victim was a police officer; or
  (ii) the intended victim was a peace officer as defined in paragraph a
of  subdivision  twenty-one,  subdivision  twenty-three,  twenty-four or
sixty-two (employees of the division for youth) of section 2.10  of  the
criminal procedure law who was at the time of the killing engaged in the
course  of performing his OR HER official duties, and the defendant knew
or reasonably should have known that the  intended  victim  was  such  a
uniformed  court officer, parole officer, probation officer, or employee
of the division for youth; or
  (ii-a) the intended victim was a firefighter, emergency medical  tech-
nician,  ambulance  driver,  paramedic,  physician  or  registered nurse
involved in a first response team, or any other individual who,  in  the
course  of  official  duties, performs emergency response activities and
was engaged in such activities at the time of killing and the  defendant
knew  or  reasonably should have known that the intended victim was such
firefighter, emergency medical technician, ambulance driver,  paramedic,
physician or registered nurse; or
  (iii)  the  intended  victim  was  an employee of a state correctional
institution or was an employee  of  a  local  correctional  facility  as
defined  in  subdivision two of section forty of the correction law, who
was at the time of the killing engaged in the course of  performing  his
OR HER official duties, and the defendant knew or reasonably should have
known  that  the intended victim was an employee of a state correctional
institution or a local correctional facility; or
  (iv) at the time of the commission of the killing, the  defendant  was
confined in a state correctional institution or was otherwise in custody
upon  a  sentence  for  the  term  of his OR HER natural life, or upon a
sentence commuted to one of natural life, or  upon  a  sentence  for  an
indeterminate  term  the minimum of which was at least fifteen years and
the maximum of which was natural life, or at the time of the  commission
of  the  killing,  the  defendant  had  escaped from such confinement or
custody while serving such a sentence and had not yet been  returned  to
such confinement or custody; or

S. 6405--B                         106

  (v)  the intended victim was a witness to a crime committed on a prior
occasion and the death was caused for  the  purpose  of  preventing  the
intended victim's testimony in any criminal action or proceeding whether
or  not  such  action  or proceeding had been commenced, or the intended
victim  had  previously testified in a criminal action or proceeding and
the killing was committed for the purpose of  exacting  retribution  for
such  prior  testimony,  or  the intended victim was an immediate family
member of a witness to a crime committed on a  prior  occasion  and  the
killing  was  committed for the purpose of preventing or influencing the
testimony of such witness, or the intended victim was an immediate fami-
ly member of a witness who had previously testified in a criminal action
or proceeding and the killing was committed for the purpose of  exacting
retribution  upon such witness for such prior testimony. As used in this
subparagraph "immediate family member" means a  husband,  wife,  father,
mother,  daughter,  son, brother, sister, stepparent, grandparent, step-
child or grandchild; or
  (vi) the defendant committed the killing or procured commission of the
killing pursuant to an agreement with a person other than  the  intended
victim  to  commit  the  same  for the receipt, or in expectation of the
receipt, of anything of pecuniary value from a party to the agreement or
from a person other than the intended victim acting at the direction  of
a party to such agreement; or
  (vii)  the  victim was killed while the defendant was in the course of
committing or attempting  to  commit  and  in  furtherance  of  robbery,
burglary  in  the first degree or second degree, kidnapping in the first
degree, arson in the first degree or second degree, rape  in  the  first
degree,  criminal  sexual  act  in the first degree, sexual abuse in the
first degree, aggravated sexual abuse in the first degree or  escape  in
the  first  degree,  or  in  the  course of and furtherance of immediate
flight after committing or attempting to commit any such crime or in the
course of and furtherance of immediate flight after attempting to commit
the crime of murder in the second degree; provided however,  the  victim
is  not  a participant in one of the aforementioned crimes and, provided
further that, unless  the  defendant's  criminal  liability  under  this
subparagraph is based upon the defendant having commanded another person
to  cause the death of the victim or intended victim pursuant to section
20.00 of this chapter, this  subparagraph  shall  not  apply  where  the
defendant's  criminal  liability  is  based  upon the conduct of another
pursuant to section 20.00 of this chapter; or
  (viii) as part of the same criminal transaction, the  defendant,  with
intent to cause serious physical injury to or the death of an additional
person  or persons, causes the death of an additional person or persons;
provided, however, the victim is not a participant in the criminal tran-
saction; or
  (ix) prior to committing the killing, the defendant had been convicted
of murder as defined in this section or section 125.25 of this  article,
or  had  been  convicted in another jurisdiction of an offense which, if
committed in this state, would constitute a violation of either of  such
sections; or
  (x)  the  defendant  acted  in  an  especially cruel and wanton manner
pursuant to a course of  conduct  intended  to  inflict  and  inflicting
torture  upon  the  victim  prior to the victim's death. As used in this
subparagraph, "torture" means the intentional and depraved infliction of
extreme physical pain;  "depraved"  means  the  defendant  relished  the
infliction  of  extreme physical pain upon the victim evidencing debase-

S. 6405--B                         107

ment or perversion or that the defendant evidenced a sense  of  pleasure
in the infliction of extreme physical pain; or
  (xi) the defendant intentionally caused the death of two or more addi-
tional persons within the state in separate criminal transactions within
a  period  of  twenty-four months when committed in a similar fashion or
pursuant to a common scheme or plan; or
  (xii) the intended victim was a judge as defined in subdivision  twen-
ty-three of section 1.20 of the criminal procedure law and the defendant
killed  such victim because such victim was, at the time of the killing,
a judge; or
  (xiii) the victim was killed in furtherance of an act of terrorism, as
defined in paragraph (b) of subdivision one of section  490.05  of  this
chapter; [and] OR
  (XIV)  THE  INTENDED  VICTIM WAS A MEMBER OF THE NEW YORK GUARD OR THE
NEW YORK NAVAL MILITIA WHO WAS AT THE TIME OF THE KILLING ENGAGED IN THE
COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, AND THE DEFENDANT  KNEW
OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS A MEMBER OF
THE NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA; AND
  (b)  The defendant was more than eighteen years old at the time of the
commission of the crime.
  2. In any prosecution under subdivision  one,  it  is  an  affirmative
defense that:
  (a)  The  defendant  acted  under  the  influence of extreme emotional
disturbance for which there was a reasonable explanation or excuse,  the
reasonableness  of  which  is  to  be determined from the viewpoint of a
person in the defendant's  situation  under  the  circumstances  as  the
defendant believed them to be. Nothing contained in this paragraph shall
constitute  a defense to a prosecution for, or preclude a conviction of,
manslaughter in the first degree or any other crime except murder in the
second degree; or
  (b) The defendant's conduct consisted of causing  or  aiding,  without
the  use of duress or deception, another person to commit suicide. Noth-
ing contained in this paragraph shall constitute a defense to  a  prose-
cution  for,  or  preclude  a  conviction of, manslaughter in the second
degree or any other crime except murder in the second degree.
  Murder in the first degree is a class A-I felony.
  S 4. This act shall take effect immediately.

                                 PART V

  Section 1. This act shall be known and may  be  cited  as  "Brittany's
law".
  S  2.  The  penal law is amended by adding two new sections 195.03 and
195.04 to read as follows:
S 195.03 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC  VIOLENCE  OFFENDER
           IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC
VIOLENCE OFFENDER IN THE SECOND DEGREE WHEN, BEING A  DOMESTIC  VIOLENCE
OFFENDER REQUIRED TO REGISTER OR VERIFY PURSUANT TO ARTICLE SIX-B OF THE
CORRECTION  LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND
WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER  IN  THE
SECOND DEGREE IS A CLASS E FELONY.
S 195.04 FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER
           IN THE FIRST DEGREE.

S. 6405--B                         108

  A PERSON IS GUILTY OF FAILURE TO REGISTER  OR  VERIFY  AS  A  DOMESTIC
VIOLENCE  OFFENDER  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME
OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN  THE
SECOND  DEGREE  AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER
OR  VERIFY  AS  A  DOMESTIC  VIOLENCE  OFFENDER  IN THE SECOND DEGREE AS
DEFINED IN SECTION 195.03 OF THIS ARTICLE.
  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER  IN  THE
FIRST DEGREE IS A CLASS D FELONY.
  S 3. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                   DOMESTIC VIOLENCE REGISTRATION ACT
SECTION 165.   DEFINITIONS.
        165-A. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        165-B. DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION.
        165-C. DUTIES OF THE COURT.
        165-D. DISCHARGE OF DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        165-E. DUTY TO REGISTER AND TO VERIFY.
        165-F. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        165-G. DURATION OF REGISTRATION AND VERIFICATION.
        165-H. REGISTRATION AND VERIFICATION REQUIREMENTS.
        165-I. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                 OF ADDRESS.
        165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        165-K. SPECIAL TELEPHONE NUMBER.
        165-L. IMMUNITY FROM LIABILITY.
        165-M. ANNUAL REPORT.
        165-N. FAILURE TO REGISTER; PENALTY.
        165-O. UNAUTHORIZED RELEASE OF INFORMATION.
  S 165. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "DOMESTIC VIOLENCE OFFENDER" INCLUDES ANY PERSON WHO  IS  CONVICTED
OF ANY OF THE DOMESTIC VIOLENCE OFFENSES SET FORTH IN SUBDIVISION TWO OF
THIS  SECTION.  CONVICTIONS  THAT  RESULT FROM OR ARE CONNECTED WITH THE
SAME ACT, OR RESULT FROM OFFENSES COMMITTED AT THE SAME TIME,  SHALL  BE
COUNTED  FOR  THE  PURPOSE  OF  THIS  ARTICLE  AS  ONE  CONVICTION.  ANY
CONVICTION SET ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF
THIS ARTICLE.
  2. "DOMESTIC VIOLENCE OFFENSE" MEANS  THE  CONVICTION  OF  ANY  FELONY
OFFENSE  DEFINED  IN  THE  PENAL  LAW  WHEN  THE VICTIM OF SUCH CRIME OR
OFFENSE IS A FAMILY OR HOUSEHOLD MEMBER.
  3. "FAMILY OR HOUSEHOLD MEMBERS" MEANS THE FOLLOWING INDIVIDUALS:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D) PERSONS WHO HAVE A CHILD IN  COMMON  REGARDLESS  OF  WHETHER  SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
  (E)  UNRELATED  PERSONS  WHO  ARE  CONTINUALLY OR AT REGULAR INTERVALS
LIVING IN THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY  OR  AT
REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
  4.  "PARENT"  MEANS  A  NATURAL  OR  ADOPTIVE PARENT OR ANY INDIVIDUAL
LAWFULLY CHARGED WITH A MINOR CHILD'S CARE OR CUSTODY.
  5. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW.

S. 6405--B                         109

  6. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
IN  WHICH  THE  OFFENDER  EXPECTS  TO  RESIDE UPON HIS OR HER DISCHARGE,
PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR UPON ANY  FORM
OF STATE OR LOCAL CONDITIONAL RELEASE; OR
  (II)  IF  THERE  BE  NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE,
TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY  IN  WHICH
THE OFFENDER EXPECTS TO RESIDE; OR
  (III)  IF THERE BE NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND
  (B) IN THE CASE OF A DOMESTIC VIOLENCE OFFENDER WHO IS OR  EXPECTS  TO
BE  EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN-
SATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION, (I) THE CHIEF  LAW
ENFORCEMENT  OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITU-
TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN
SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW  ENFORCEMENT  OFFICER  OF  THE
COUNTY  IN  WHICH  SUCH  INSTITUTION IS LOCATED; OR (III) IF THERE BE NO
CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
DIVISION OF STATE POLICE; AND  (IV)  IF  SUCH  INSTITUTION  OPERATES  OR
EMPLOYS  A  CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH
AGENCY; AND
  (C) IN THE CASE OF A DOMESTIC VIOLENCE OFFENDER WHO EXPECTS TO  RESIDE
WITHIN  A  STATE  PARK  OR  ON  OTHER LAND UNDER THE JURISDICTION OF THE
OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION,  THE  STATE
REGIONAL PARK POLICE.
  S  165-A.  DUTIES  OF  THE  DIVISION; REGISTRATION INFORMATION. 1. THE
DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED  TO
REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A) THE DOMESTIC VIOLENCE OFFENDER'S NAME, ALL ALIASES USED,  DATE  OF
BIRTH,  SEX,  RACE,  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE,  ANY  INTERNET  ACCOUNTS
WITH  INTERNET  ACCESS PROVIDERS BELONGING TO SUCH OFFENDER AND INTERNET
IDENTIFIERS THAT SUCH OFFENDER USES.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION  SHALL,  DURING
THE  PERIOD  OF  REGISTRATION,  UPDATE  SUCH PHOTOGRAPH ONCE EVERY THREE
YEARS.  THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE OFFENDER BY MAIL
OF THE DUTY TO APPEAR AND BE PHOTOGRAPHED AT THE SPECIFIED LAW  ENFORCE-
MENT  AGENCY  HAVING  JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT
LEAST THIRTY DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH  IS
REQUIRED TO BE TAKEN PURSUANT TO THIS ARTICLE.
  (C)  A  DESCRIPTION  OF  THE  OFFENSE  FOR WHICH THE DOMESTIC VIOLENCE
OFFENDER WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) THE NAME AND ADDRESS OF ANY INSTITUTION  OF  HIGHER  EDUCATION  AT
WHICH  THE  DOMESTIC  VIOLENCE  OFFENDER  IS  OR EXPECTS TO BE ENROLLED,
ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED  OR  OPERATED  BY
SUCH INSTITUTION.
  (E)  THE EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT OF THE
DOMESTIC VIOLENCE OFFENDER.
  (F) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE  REGISTRY  AVAILABLE  TO
ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS FOR THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL  OR  NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS AND SHALL

S. 6405--B                         110

MAKE SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE  PROVISIONS  OF
THIS ARTICLE.
  (B)  NO  OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC
OR PRIVATE, SHALL BE SUBJECT TO ANY  CIVIL  OR  CRIMINAL  LIABILITY  FOR
DAMAGES  FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI-
NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY  PURSUANT  TO
THIS  ARTICLE, PROVIDED THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR
ENTITY ACTED REASONABLY AND IN GOOD FAITH WITH RESPECT TO SUCH  REGISTRY
INFORMATION.
  (C)  THE  DIVISION  SHALL  REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
VIOLENCE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS  ARTI-
CLE.
  4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF  THE  DOMESTIC  VIOLENCE  OFFENDER  FOR  ANNUAL
VERIFICATION REQUIREMENTS.
  5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-FIVE-K OF THIS ARTICLE.
  6.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMESTIC
VIOLENCE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE  OF  HIS
OR  HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY
INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY  THIS  ARTICLE.  THE  FEE
SHALL  BE  PAID  TO  THE DIVISION BY THE DOMESTIC VIOLENCE OFFENDER. THE
STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT  SUCH  FEES  INTO  THE
DOMESTIC  VIOLENCE  AWARENESS FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-YYY OF THE STATE FINANCE LAW AS ADDED BY  CHAPTER  SIX  HUNDRED
THIRTY-FOUR OF THE LAWS OF TWO THOUSAND TWO.
  8.  THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP OPERA-
TOR, RELEASE TO SUCH PERSON ANY INFORMATION IN THE REGISTRY RELATING  TO
A  PROSPECTIVE  EMPLOYEE OF ANY SUCH PERSON OR ENTITY IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL PROMULGATE RULES  AND
REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
REGISTRY TO SUCH PERSONS.
  9.  THE  DIVISION  SHALL,  UPON THE REQUEST OF ANY AUTHORIZED INTERNET
ENTITY, RELEASE TO SUCH ENTITY INTERNET IDENTIFIERS  THAT  WOULD  ENABLE
SUCH  ENTITY TO PRESCREEN OR REMOVE DOMESTIC VIOLENCE OFFENDERS FROM ITS
SERVICES OR, IN CONFORMITY  WITH  STATE  AND  FEDERAL  LAW,  ADVISE  LAW
ENFORCEMENT  AND/OR  OTHER GOVERNMENTAL ENTITIES OF POTENTIAL VIOLATIONS
OF LAW AND/OR THREATS TO PUBLIC SAFETY. BEFORE RELEASING ANY INFORMATION
THE DIVISION SHALL REQUIRE AN AUTHORIZED INTERNET ENTITY  THAT  REQUESTS
INFORMATION  FROM  THE  REGISTRY  TO  SUBMIT  TO  THE DIVISION THE NAME,
ADDRESS AND TELEPHONE NUMBER OF  SUCH  ENTITY  AND  THE  SPECIFIC  LEGAL
NATURE  AND  CORPORATE  STATUS  OF  SUCH ENTITY. EXCEPT FOR THE PURPOSES
SPECIFIED IN THIS SUBDIVISION, AN AUTHORIZED INTERNET ENTITY  SHALL  NOT
PUBLISH OR IN ANY WAY DISCLOSE OR REDISCLOSE ANY INFORMATION PROVIDED TO
IT BY THE DIVISION PURSUANT TO THIS SUBDIVISION. THE DIVISION MAY CHARGE
AN  AUTHORIZED  INTERNET  ENTITY A FEE FOR ACCESS TO REGISTERED INTERNET
IDENTIFIERS REQUESTED BY SUCH ENTITY PURSUANT TO THIS  SUBDIVISION.  THE
DIVISION  SHALL  PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES

S. 6405--B                         111

FOR THE RELEASE OF INFORMATION IN THE REGISTRY, INCLUDING BUT NOT LIMIT-
ED TO, THE DISCLOSURE AND REDISCLOSURE  OF  SUCH  INFORMATION,  AND  THE
IMPOSITION OF ANY FEES.
  S  165-B.  DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION. 1. IN
THE CASE OF ANY DOMESTIC VIOLENCE OFFENDER, IT SHALL BE THE DUTY OF  THE
DEPARTMENT,  HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALEN-
DAR DAYS PRIOR TO THE RELEASE OR  DISCHARGE  OF  ANY  DOMESTIC  VIOLENCE
OFFENDER  FROM  A  CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL
FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE
OF SUCH DOMESTIC VIOLENCE OFFENDER, INFORMING THE DIVISION IN WRITING ON
A FORM PROVIDED BY THE DIVISION INDICATING THE ADDRESS AT  WHICH  HE  OR
SHE  PROPOSES  TO  RESIDE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF
HIGHER EDUCATION AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR
EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE RESIDES
IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY  SUCH  INSTITUTION.
IF SUCH DOMESTIC VIOLENCE OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE
WHILE  ON  PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE
SENT  BY  THE  DOMESTIC  VIOLENCE  OFFENDER'S  PAROLE   OFFICER   WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF
SUCH DOMESTIC VIOLENCE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLL-
MENT,  ATTENDANCE,  EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER
EDUCATION WHILE ON PAROLE, SUCH NOTIFICATION OF  THE  CHANGE  OF  STATUS
SHALL  BE SENT BY THE DOMESTIC VIOLENCE OFFENDER'S PAROLE OFFICER WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  2. IN THE CASE OF ANY DOMESTIC  VIOLENCE  OFFENDER  ON  PROBATION,  IT
SHALL  BE THE DUTY OF THE DOMESTIC VIOLENCE OFFENDER'S PROBATION OFFICER
TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS  OF  THE  NEW  PLACE  OF
RESIDENCE  ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC VIOLENCE
OFFENDER CHANGES THE  STATUS  OF  HIS  OR  HER  ENROLLMENT,  ATTENDANCE,
EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL  BE  SENT  BY
THE  DOMESTIC  VIOLENCE  OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  3. IN THE CASE IN WHICH ANY DOMESTIC VIOLENCE OFFENDER ESCAPES FROM  A
STATE  OR  LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFI-
CIAL OF THE FACILITY OR HOSPITAL WHERE THE  PERSON  WAS  CONFINED  SHALL
NOTIFY  WITHIN  TWENTY-FOUR  HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD
JURISDICTION AT THE TIME OF HIS OR HER CONVICTION,  INFORMING  SUCH  LAW
ENFORCEMENT  AGENCY  OF  THE  NAME  AND  ALIASES  OF THE PERSON, AND THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE FULL TERM  FOR
WHICH  HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH HE
OR SHE WAS SENTENCED, TRANSMITTING AT THE  SAME  TIME  A  COPY  OF  SUCH
DOMESTIC  VIOLENCE  OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY
OF HIS OR HER CRIMINAL RECORD.
  4. THE DIVISION SHALL PROVIDE  GENERAL  INFORMATION,  IN  REGISTRATION
MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
TION  AND  REGISTRATION  PROCEDURES  THAT MAY APPLY IF THE REGISTRANT IS
AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR  UNITED  STATES
POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATION INSTI-
TUTION  IN  ANOTHER  STATE OR UNITED STATES POSSESSION. SUCH INFORMATION
SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM
WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
  S 165-C. DUTIES OF THE  COURT.  1.  UPON  CONVICTION  OF  ANY  OF  THE
OFFENSES  SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE
OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON  IS  A  DOMESTIC

S. 6405--B                         112

VIOLENCE  OFFENDER  AND  SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF
COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION.  THE  COURT  SHALL  ALSO
ADVISE  THE  DOMESTIC  VIOLENCE OFFENDER OF HIS OR HER DUTIES UNDER THIS
ARTICLE.    FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMIT-
MENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC VIOLENCE
OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
  2. ANY DOMESTIC VIOLENCE OFFENDER, WHO IS  RELEASED  ON  PROBATION  OR
DISCHARGED  UPON  PAYMENT  OF  A FINE, CONDITIONAL DISCHARGE OR UNCONDI-
TIONAL DISCHARGE SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE  INFORMED
OF  HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH
HE OR SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH  DOMESTIC
VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY
THE  DIVISION. THE COURT SHALL REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO
READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM. THE COURT SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC
VIOLENCE OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE,  AND  THE
NAME  AND  ADDRESS  OF  ANY  INSTITUTION  OF  HIGHER EDUCATION HE OR SHE
EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR  EMPLOYED,  WHETHER
FOR  COMPENSATION  OR  NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A
FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH
INFORMATION TO THE DIVISION.  THE COURT SHALL GIVE ONE COPY OF THE  FORM
TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL SEND TWO COPIES TO THE DIVI-
SION WHICH SHALL FORWARD THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES
HAVING  JURISDICTION.  WHERE THE COURT ORDERS A DOMESTIC VIOLENCE OFFEN-
DER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING
THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE  SUCH
DOMESTIC  VIOLENCE  OFFENDER  VIOLATES  SUCH PROVISION, PROBATION MAY BE
IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR  HUNDRED  TEN
OF THE CRIMINAL PROCEDURE LAW.
  S  165-D.  DISCHARGE  OF  DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL
FACILITY; DUTIES OF OFFICIAL IN CHARGE. ANY DOMESTIC VIOLENCE  OFFENDER,
TO  BE  DISCHARGED,  PAROLED,  RELEASED  TO  POST-RELEASE SUPERVISION OR
RELEASED FROM ANY STATE OR  LOCAL  CORRECTIONAL  FACILITY,  HOSPITAL  OR
INSTITUTION  WHERE  HE  OR SHE WAS CONFINED OR COMMITTED, SHALL AT LEAST
FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED
OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY  THE  FACILITY  IN
WHICH  HE  OR  SHE WAS CONFINED OR COMMITTED. THE FACILITY SHALL REQUIRE
THE DOMESTIC VIOLENCE OFFENDER TO READ AND SIGN  SUCH  FORM  AS  MAY  BE
REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND  TO  COMPLETE  THE
REGISTRATION  PORTION  OF  SUCH  FORM. THE FACILITY SHALL OBTAIN ON SUCH
FORM THE ADDRESS WHERE THE DOMESTIC VIOLENCE OFFENDER EXPECTS TO  RESIDE
UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE AND THE NAME AND ADDRESS OF
ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
WHETHER  HE  OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY
SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE  DIVISION.
THE  FACILITY  SHALL  GIVE ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE
OFFENDER, RETAIN ONE COPY AND SHALL SEND ONE COPY TO THE DIVISION  WHICH
SHALL  PROVIDE  THE  INFORMATION  TO THE LAW ENFORCEMENT AGENCIES HAVING
JURISDICTION. THE FACILITY SHALL GIVE THE DOMESTIC VIOLENCE  OFFENDER  A
FORM  PREPARED  BY  THE DIVISION, TO REGISTER WITH THE DIVISION AT LEAST
FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM SHALL BE COMPLETED,
SIGNED BY THE DOMESTIC VIOLENCE OFFENDER AND SENT TO THE DIVISION BY THE
FACILITY AT LEAST TEN DAYS PRIOR TO  THE  DOMESTIC  VIOLENCE  OFFENDER'S
RELEASE OR DISCHARGE.

S. 6405--B                         113

  S  165-E.  DUTY  TO  REGISTER  AND TO VERIFY. 1. ANY DOMESTIC VIOLENCE
OFFENDER SHALL, (A) AT LEAST  TEN  CALENDAR  DAYS  PRIOR  TO  DISCHARGE,
PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR
LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS
CONFINED  OR  COMMITTED, OR, (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY
DOMESTIC VIOLENCE OFFENDER RELEASED  ON  PROBATION  OR  DISCHARGED  UPON
PAYMENT  OF  A  FINE,  CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,
REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.
  2. FOR A DOMESTIC VIOLENCE OFFENDER REQUIRED TO  REGISTER  UNDER  THIS
ARTICLE  ON EACH ANNIVERSARY OF THE DOMESTIC VIOLENCE OFFENDER'S INITIAL
REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE  IS  REQUIRED  TO
REGISTER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A) THE DOMESTIC VIOLENCE OFFENDER SHALL MAIL THE VERIFICATION FORM TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
  (B)  THE  VERIFICATION  FORM  SHALL BE SIGNED BY THE DOMESTIC VIOLENCE
OFFENDER, AND STATE THAT HE OR SHE STILL RESIDES  AT  THE  ADDRESS  LAST
REPORTED TO THE DIVISION.
  (C) IF THE DOMESTIC VIOLENCE OFFENDER FAILS TO MAIL THE SIGNED VERIFI-
CATION  FORM  TO  THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF
THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS  HE  OR
SHE PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
  (D)  IF  THE  DOMESTIC  VIOLENCE  OFFENDER,  TO WHOM A NOTICE HAS BEEN
MAILED AT THE LAST REPORTED ADDRESS PURSUANT TO THIS ARTICLE,  FAILS  TO
PERSONALLY  APPEAR  AT  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
WITHIN  TWENTY  DAYS  OF  THE  ANNIVERSARY  OF  THE  DOMESTIC   VIOLENCE
OFFENDER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, HE OR SHE SHALL BE IN
VIOLATION OF THIS SECTION.  THE  DUTY  TO  PERSONALLY  APPEAR  FOR  SUCH
UPDATED  PHOTOGRAPH  SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
WHICH THE DOMESTIC VIOLENCE OFFENDER IS  CONFINED  IN  ANY  HOSPITAL  OR
INSTITUTION, AND SUCH DOMESTIC VIOLENCE OFFENDER SHALL PERSONALLY APPEAR
FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS AFTER RELEASE FROM
SUCH  HOSPITAL  OR  INSTITUTION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION.
  3. ANY DOMESTIC VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION  NO
LATER  THAN  TEN  CALENDAR  DAYS  AFTER  ANY CHANGE OF ADDRESS, INTERNET
ACCOUNTS WITH INTERNET ACCESS  PROVIDERS  BELONGING  TO  SUCH  OFFENDER,
INTERNET  IDENTIFIERS  THAT  SUCH OFFENDER USES, OR HIS OR HER STATUS OF
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
HIGHER  EDUCATION.  A  FEE  OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION
SEVEN OF SECTION ONE HUNDRED SIXTY-FIVE-A  OF  THIS  ARTICLE,  SHALL  BE
SUBMITTED  BY  THE  DOMESTIC  VIOLENCE  OFFENDER EACH TIME SUCH OFFENDER
REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR  HER  STATUS  OR
ENROLLMENT,  ATTENDANCE,  EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF
HIGHER EDUCATION. ANY FAILURE OR OMISSION TO  SUBMIT  THE  REQUIRED  FEE
SHALL NOT AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS
OR CHANGE OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  DOMESTIC VIOLENCE OFFENDER WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
VISIONS FOURTEEN AND FIFTEEN OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF
THIS  CHAPTER, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS
OF HIS OR HER PLACE OF EMPLOYMENT OR  EDUCATIONAL  INSTITUTION  ATTENDED
WITH THE DIVISION WITHIN TEN CALENDAR DAYS AFTER SUCH NONRESIDENT WORKER
OR  NONRESIDENT  STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCA-

S. 6405--B                         114

TIONAL INSTITUTION IN THE STATE. ANY NONRESIDENT WORKER  OR  NONRESIDENT
STUDENT SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT
OR  EDUCATIONAL  INSTITUTION  ADDRESS  NO LATER THAN TEN DAYS AFTER SUCH
CHANGE.  THE  DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY WHERE THE
NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
THAT A NONRESIDENT WORKER OR NONRESIDENT  STUDENT  IS  PRESENT  IN  THAT
AGENCY'S JURISDICTION.
  S  165-F.  PRIOR  CONVICTIONS;  DUTY  TO  INFORM  AND REGISTER. 1. THE
DEPARTMENT OF PAROLE OR OFFICE OF PROBATION  AND  CORRECTIONAL  ALTERNA-
TIVES  IN  ACCORDANCE  WITH  RISK FACTORS PURSUANT TO THIS ARTICLE SHALL
DETERMINE THE DURATION OF REGISTRATION AND NOTIFICATION FOR EVERY DOMES-
TIC VIOLENCE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS  THEN
ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-FIVE OF THIS ARTICLE.
  2.  EVERY DOMESTIC VIOLENCE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
ARTICLE IS THEN ON PAROLE OR PROBATION FOR AN OFFENSE  PROVIDED  FOR  IN
SUBDIVISION  TWO OF SECTION ONE HUNDRED SIXTY-FIVE OF THIS ARTICLE SHALL
WITHIN TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS OR  HER
PAROLE  OR  PROBATION  OFFICER.  ON  EACH  ANNIVERSARY  OF  THE DOMESTIC
VIOLENCE OFFENDER'S INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-FIVE-E OF THIS  ARTICLE  SHALL  APPLY.  ANY
DOMESTIC  VIOLENCE  OFFENDER  WHO FAILS OR REFUSES TO SO COMPLY SHALL BE
SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
WHICH  WOULD  BE  IMPOSED UPON A DOMESTIC VIOLENCE OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
SUCH EFFECTIVE DATE.
  3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH DOMESTIC VIOLENCE OFFENDER ACCORDING TO  THE  REQUIRE-
MENTS  IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE
ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL, WITHIN
THREE CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO  THE
DIVISION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE
LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE THE DOMESTIC VIOLENCE
OFFENDER RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM  OF
STATE OR LOCAL CONDITIONAL RELEASE.
  4.  A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY DOMES-
TIC VIOLENCE OFFENDER REQUIRED TO REGISTER WHILE RELEASED ON  PAROLE  OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-FIVE-N OF THIS ARTICLE.
  S  165-G.  DURATION  OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION AND VERIFICATION FOR A DOMESTIC VIOLENCE OFFENDER SHALL  BE
ANNUALLY FOR A PERIOD OF TWENTY YEARS FROM THE INITIAL DATE OF REGISTRA-
TION.
  S  165-H. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
WRITING SIGNED BY THE DOMESTIC VIOLENCE OFFENDER GIVING THE  INFORMATION
THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR-
MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
  S  165-I.  NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. 1. UPON RECEIPT OF A CHANGE OF ADDRESS BY A  DOMESTIC  VIOLENCE
OFFENDER  REQUIRED  TO  REGISTER  UNDER THIS ARTICLE, THE DIVISION SHALL
NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF  THE  NEW
PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES-
TIC VIOLENCE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
  2.  UPON  RECEIPT  OF  CHANGE  OF  ADDRESS  INFORMATION, THE LOCAL LAW
ENFORCEMENT AGENCY HAVING JURISDICTION OF THE  NEW  PLACE  OF  RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN THIS ARTICLE.

S. 6405--B                         115

  3. THE DIVISION SHALL, IF THE DOMESTIC VIOLENCE OFFENDER CHANGES RESI-
DENCE  TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE
OF THE NEW PLACE OF RESIDENCE.
  4.  UPON  RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND-
ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE,  THE
DIVISION  SHALL  NOTIFY  EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION
WHICH IS AFFECTED BY SUCH CHANGE.
  5. UPON RECEIPT OF CHANGE IN THE STATUS OF THE ENROLLMENT, ATTENDANCE,
EMPLOYMENT OR RESIDENCE AT AN  INSTITUTION  OF  HIGHER  EDUCATION  BY  A
DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, EACH
LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL ADHERE TO THE NOTIFICA-
TION PROVISIONS SET FORTH IN THIS ARTICLE.
  S  165-J.  REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A
DOMESTIC VIOLENCE OFFENDER WHO HAS BEEN CONVICTED OF  AN  OFFENSE  WHICH
REQUIRES  REGISTRATION  UNDER  THIS ARTICLE SHALL NOTIFY THE DIVISION OF
THE NEW ADDRESS NO LATER THAN TEN  CALENDAR  DAYS  AFTER  SUCH  DOMESTIC
VIOLENCE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
  2.  IF  THE DIVISION DETERMINES THAT THE DOMESTIC VIOLENCE OFFENDER IS
REQUIRED TO REGISTER, THE DIVISION SHALL NOTIFY  THE  DOMESTIC  VIOLENCE
OFFENDER  OF  HIS  OR  HER DUTY TO REGISTER UNDER THIS ARTICLE AND SHALL
REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO SIGN A FORM AS MAY BE REQUIRED
BY THE DIVISION ACKNOWLEDGING THAT THE DUTY TO REGISTER AND  THE  PROCE-
DURE FOR REGISTRATION HAS BEEN EXPLAINED TO THE DOMESTIC VIOLENCE OFFEN-
DER. THE DIVISION SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE DOMES-
TIC  VIOLENCE  OFFENDER  EXPECTS  TO  RESIDE  WITHIN  THE  STATE AND THE
DOMESTIC VIOLENCE OFFENDER SHALL RETAIN ONE COPY OF THE  FORM  AND  SEND
TWO  COPIES  TO  THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE  DOMESTIC  VIOLENCE
OFFENDER EXPECTS TO RESIDE WITHIN THIS STATE.
  3.  THE  DIVISION  SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE  INDIVIDUALS  IN  OTHER
STATES  AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE  AND
THE  SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH MATERIALS
SHALL INCLUDE AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH  OFFICIALS  AND
INDIVIDUALS  IN  OTHER  STATES  AND UNITED STATES POSSESSIONS MAY USE TO
OBTAIN ADDITIONAL INFORMATION.
  S 165-K. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE  HUNDRED
SIXTY-FIVE-A  OF  THIS  ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY  CALL  FREE  OF  CHARGE  AND
INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
ARTICLE  IS  LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON
REASONABLY APPEARS TO BE A PERSON SO LISTED. THE DIVISION  SHALL  DECIDE
WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED
UPON  INFORMATION  FROM  THE  CALLER  PROVIDING  INFORMATION  THAT SHALL
INCLUDE (A) AN EXACT STREET ADDRESS, INCLUDING APARTMENT  NUMBER,  DRIV-
ER'S  LICENSE  NUMBER  OR  BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION
THAT MAY INCLUDE SOCIAL SECURITY NUMBER, HAIR COLOR, EYE COLOR,  HEIGHT,
WEIGHT,  DISTINCTIVE  MARKINGS, ETHNICITY; OR (B) ANY COMBINATION OF THE
ABOVE LISTED CHARACTERISTICS IF AN EXACT BIRTH DATE OR  ADDRESS  IS  NOT
AVAILABLE.  IF  THREE OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY,
HAIR COLOR, AND EYE COLOR, OTHER IDENTIFYING  CHARACTERISTICS  SHALL  BE
PROVIDED.  ANY  INFORMATION  IDENTIFYING THE VICTIM BY NAME, BIRTH DATE,

S. 6405--B                         116

ADDRESS OR RELATION TO THE  PERSON  LISTED  BY  THE  DIVISION  SHALL  BE
EXCLUDED BY THE DIVISION.
  2.  WHEN  THE  TELEPHONE  NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
  (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
  (C) NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR  HERSELF
TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
WRITTEN RECORD;
  (D)  NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
OLDER;
  (E) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION  OBTAINED  THROUGH
THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
  (F) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
  (G)  A  STATEMENT  THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES;
  (H) A STATEMENT THAT AN  INFORMATION  PACKAGE  WHICH  WILL  INCLUDE  A
DESCRIPTION  OF  THE  LAW  AND DOMESTIC VIOLENCE PREVENTION MATERIALS IS
AVAILABLE UPON REQUEST FROM THE DIVISION. SUCH INFORMATION PACKAGE SHALL
INCLUDE QUESTIONS AND ANSWERS REGARDING THE MOST  COMMONLY  ASKED  QUES-
TIONS ABOUT THE DOMESTIC VIOLENCE OFFENDER REGISTRATION ACT, AND CURRENT
DOMESTIC VIOLENCE PREVENTION MATERIAL.
  3.  (A) THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING NON-PROFIT AND
NOT-FOR-PROFIT YOUTH SERVICES ORGANIZATIONS  TO  PRE-REGISTER  WITH  THE
DIVISION FOR USE OF THE TELEPHONE NUMBER. PRE-REGISTRATION SHALL INCLUDE
THE  IDENTIFICATION  OF  UP TO TWO OFFICIALS OF THE ORGANIZATION WHO MAY
CALL THE TELEPHONE NUMBER AND OBTAIN INFORMATION ON BEHALF OF THE ORGAN-
IZATION. A PRE-REGISTERED  CERTIFICATE  ISSUED  UNDER  THIS  SUBDIVISION
SHALL BE VALID FOR TWO YEARS, UNLESS EARLIER REVOKED BY THE DIVISION FOR
GOOD  CAUSE SHOWN. NO FEE SHALL BE CHARGED TO AN APPLICANT FOR THE ISSU-
ANCE OF A PRE-REGISTERED CERTIFICATE PURSUANT TO THIS SUBDIVISION.
  (B) AN ORGANIZATION GRANTED A PRE-REGISTERED CERTIFICATE  PURSUANT  TO
THIS SUBDIVISION MAY, UPON CALLING THE TELEPHONE NUMBER, INQUIRE WHETHER
MULTIPLE  NAMED INDIVIDUALS ARE LISTED ON THE DOMESTIC VIOLENCE OFFENDER
REGISTRY. NOTWITHSTANDING ANY PER CALL LIMITATION THE DIVISION MAY PLACE
ON CALLS BY PRIVATE INDIVIDUALS, THE DIVISION SHALL ALLOW  SUCH  PRE-RE-
GISTERED  ORGANIZATIONS TO INQUIRE ABOUT UP TO TWENTY PROSPECTIVE COACH-
ES, LEADERS OR VOLUNTEERS IN EACH CALL TO THE TELEPHONE NUMBER.
  (C) FOR PURPOSES OF THIS SUBDIVISION,  "YOUTH  SERVICES  ORGANIZATION"
SHALL  MEAN  A  FORMALIZED PROGRAM OPERATED BY A CORPORATION PURSUANT TO
SUBPARAGRAPH FIVE OF PARAGRAPH (A) OF SECTION ONE  HUNDRED  TWO  OF  THE
NOT-FOR-PROFIT  CORPORATION LAW THAT FUNCTIONS PRIMARILY TO: (I) PROVIDE
CHILDREN THE OPPORTUNITY TO  PARTICIPATE  IN  ADULT-SUPERVISED  SPORTING
ACTIVITIES;  OR  (II)  MATCH  CHILDREN  OR GROUPS OF CHILDREN WITH ADULT
VOLUNTEERS FOR THE PURPOSE OF  PROVIDING  CHILDREN  WITH  POSITIVE  ROLE
MODELS TO ENHANCE THEIR DEVELOPMENT.
  4.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,

S. 6405--B                         117

RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
BE  AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW.  SUCH
PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT  LESS  THAN
FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
  5.  THE  DIVISION  SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON
THE OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL  INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
  (A) NUMBER OF CALLS RECEIVED;
  (B)  A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
  (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE  AND  THE
NUMBER  OF  CALLS  THAT  RESULTED  IN A NEGATIVE RESPONSE WITH REGARD TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D) NUMBER OF PERSONS LISTED; AND
  (E) A SUMMARY OF THE SUCCESS OF THE  TELEPHONE  NUMBER  PROGRAM  BASED
UPON SELECTED FACTORS.
  S  165-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY  INFORMATION  PURSUANT  TO THIS SECTION IF THAT OFFICIAL,
EMPLOYEE OR AGENCY ACTED REASONABLY AND  IN  GOOD  FAITH.  THE  IMMUNITY
PROVIDED  UNDER THIS SECTION APPLIES TO THE RELEASE OF RELEVANT INFORMA-
TION TO OTHER EMPLOYEES OR OFFICIALS OR TO THE GENERAL PUBLIC.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
RELEASE INFORMATION AS AUTHORIZED IN  THIS  SECTION  IF  THAT  OFFICIAL,
EMPLOYEE OR AGENCY ACTED REASONABLY AND IN GOOD FAITH.
  S 165-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN  EACH  YEAR  FILE  A  REPORT  WITH  THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF  THIS  ARTICLE  AND
EFFECTIVENESS  OF  THE  PROVISIONS  OF  THIS  ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 165-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF  A  CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR A SECOND OR
SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY  RESPECTIVELY  IN
ACCORDANCE  WITH  SECTIONS 195.03 AND 195.04 OF THE PENAL LAW.  ANY SUCH
FAILURE TO REGISTER MAY ALSO BE  THE  BASIS  FOR  REVOCATION  OF  PAROLE
PURSUANT  TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH
SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S 165-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 4. If any clause, sentence,  paragraph,  section  or  part  of  this
section  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,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take effect immediately; provided,  however,  that
section  two of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

S. 6405--B                         118

                                 PART W

  Section  1. The penal law is amended by adding two new sections 195.03
and 195.04 to read as follows:
S 195.03 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE  OFFENDER  IN
           THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC
ABUSE OFFENDER IN THE SECOND DEGREE WHEN, BEING A DOMESTIC ABUSE  OFFEN-
DER  REQUIRED  TO  REGISTER  OR  VERIFY PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER  AND
WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
  FAILURE  TO  REGISTER  OR  VERIFY  AS A DOMESTIC ABUSE OFFENDER IN THE
SECOND DEGREE IS A CLASS E FELONY.
S 195.04 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE  OFFENDER  IN
           THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC
ABUSE OFFENDER IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE  CRIME  OF
FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE SECOND
DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI-
FY  AS  A  DOMESTIC  ABUSE  OFFENDER  IN THE SECOND DEGREE AS DEFINED IN
SECTION 195.03 OF THIS ARTICLE.
  FAILURE TO REGISTER OR VERIFY AS A  DOMESTIC  ABUSE  OFFENDER  IN  THE
FIRST DEGREE IS A CLASS D FELONY.
  S 2. The correction law is amended by adding a new article 6-D to read
as follows:
                               ARTICLE 6-D
     DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW
SECTION 169. SHORT TITLE.
        169-A. DEFINITIONS.
        169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION.
        169-D. DUTIES OF THE COURT.
        169-E. DISCHARGE  OF  DOMESTIC  ABUSE OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        169-F. DUTY TO REGISTER AND TO VERIFY.
        169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        169-H. DURATION OF REGISTRATION AND VERIFICATION.
        169-I. REGISTRATION AND VERIFICATION REQUIREMENTS.
        169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                 OF ADDRESS.
        169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        169-L. PETITION FOR RELIEF OR MODIFICATION.
        169-M. SPECIAL TELEPHONE NUMBER.
        169-N. DIRECTORY; INTERNET POSTING.
        169-O. IMMUNITY FROM LIABILITY.
        169-P. ANNUAL REPORT.
        169-Q. FAILURE TO REGISTER; PENALTY.
        169-R. UNAUTHORIZED RELEASE OF INFORMATION.
        169-S. SEPARABILITY.
  S  169.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
"DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW".
  S 169-A. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
NITIONS APPLY:
  1.  "DOMESTIC ABUSE OFFENDER" INCLUDES ANY PERSON WHO (A) IS CONVICTED
OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION  TWO  OF  THIS  SECTION.
CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR

S. 6405--B                         119

RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
THE  PURPOSE OF THIS ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE; OR (B)
HAS  BEEN  DETERMINED  BY THE COURT TO BE A DOMESTIC ABUSE OFFENDER BY A
COURT PURSUANT TO SECTION 530.15 OR PARAGRAPH (C) OF SUBDIVISION ONE  OF
SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW.
  2. "DOMESTIC ABUSE OFFENSE" MEANS:
  (A)  DISORDERLY  CONDUCT,  CRIMINAL  OBSTRUCTION OF BREATHING OR BLOOD
CIRCULATION, STRANGULATION IN THE FIRST  DEGREE,  STRANGULATION  IN  THE
SECOND  DEGREE, HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN THE SECOND
DEGREE, AGGRAVATED HARASSMENT IN THE  SECOND  DEGREE,  STALKING  IN  THE
FIRST  DEGREE,  STALKING  IN  THE  SECOND  DEGREE, STALKING IN THE THIRD
DEGREE, STALKING IN THE FOURTH DEGREE, CRIMINAL  MISCHIEF,  MENACING  IN
THE  SECOND DEGREE, MENACING IN THE THIRD DEGREE, RECKLESS ENDANGERMENT,
ASSAULT IN THE  SECOND  DEGREE,  ASSAULT  IN  THE  THIRD  DEGREE  OR  AN
ATTEMPTED  ASSAULT  BETWEEN SPOUSES OR FORMER SPOUSES, OR BETWEEN PARENT
AND CHILD OR BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD EXCEPT THAT
IF THE RESPONDENT WOULD NOT BE CRIMINALLY RESPONSIBLE BY REASON  OF  AGE
PURSUANT  TO  SECTION  30.00  OF  THE  PENAL  LAW.  FOR PURPOSES OF THIS
SECTION, "DISORDERLY CONDUCT"  INCLUDES  DISORDERLY  CONDUCT  NOT  IN  A
PUBLIC PLACE; OR
  (B)  A  CONVICTION  OF  (I) AN OFFENSE IN ANY OTHER JURISDICTION WHICH
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH CRIME PROVIDED FOR IN
PARAGRAPH (A) OF THIS SUBDIVISION OR (II) A FELONY IN ANY  OTHER  JURIS-
DICTION  FOR  WHICH  THE  OFFENDER IS REQUIRED TO REGISTER AS A DOMESTIC
ABUSE OFFENDER IN THE JURISDICTION IN  WHICH  THE  CONVICTION  OCCURRED,
PROVIDED THAT THE ELEMENTS OF SUCH CRIME OF CONVICTION ARE SUBSTANTIALLY
THE  SAME  AS  THOSE  WHICH ARE A PART OF SUCH OFFENSE AS OF THE DATE ON
WHICH THIS SECTION TAKES EFFECT.
  3. FOR PURPOSES OF THIS SECTION, "MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD" WITH RESPECT TO A PROCEEDING IN THE CRIMINAL COURTS SHALL MEAN THE
FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D) PERSONS WHO HAVE A CHILD IN COMMON,  REGARDLESS  OF  WHETHER  SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  (E)  PERSONS  WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER  SUCH
PERSONS  HAVE LIVED TOGETHER AT ANY TIME. FACTORS THE COURT MAY CONSIDER
IN DETERMINING WHETHER A  RELATIONSHIP  IS  AN  "INTIMATE  RELATIONSHIP"
INCLUDE  BUT  ARE  NOT  LIMITED  TO: THE NATURE OR TYPE OF RELATIONSHIP,
REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN-
CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION-
SHIP. NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION  BETWEEN
TWO  INDIVIDUALS  IN  BUSINESS  OR  SOCIAL  CONTEXTS  SHALL BE DEEMED TO
CONSTITUTE AN "INTIMATE RELATIONSHIP"; AND
  (F) PERSONS RESIDING TOGETHER CONTINUALLY  OR  AT  REGULAR  INTERVALS,
CURRENTLY OR IN THE PAST.
  4. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
IN  WHICH  THE DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER
DISCHARGE, PROBATION, PAROLE, RELEASE  TO  POST-RELEASE  SUPERVISION  OR
UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE; OR (II) IF THERE BE
NO  CHIEF  LAW  ENFORCEMENT  OFFICER  IN SUCH VILLAGE, TOWN OR CITY, THE

S. 6405--B                         120

CHIEF LAW ENFORCEMENT OFFICER  OF  THE  COUNTY  IN  WHICH  THE  OFFENDER
EXPECTS  TO RESIDE; OR (III) IF THERE BE NO CHIEF ENFORCEMENT OFFICER IN
SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND
  (B)  IN  THE CASE OF A DOMESTIC ABUSE OFFENDER WHO IS OR EXPECTS TO BE
EMPLOYED BY, ENROLLED IN, ATTENDING OR  EMPLOYED,  WHETHER  FOR  COMPEN-
SATION  OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION: (I) THE CHIEF LAW
ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH  INSTITU-
TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN
SUCH  VILLAGE,  TOWN  OR  CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE
COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III)  IF  THERE  BE  NO
CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
DIVISION  OF  STATE  POLICE;  AND  (IV)  IF SUCH INSTITUTION OPERATES OR
EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF  OF  SUCH
AGENCY.
  5.  "DIVISION"  MEANS  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW.
  6. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  7. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE  OF  IMPRI-
SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  8.  "NONRESIDENT  WORKER"  MEANS  ANY PERSON REQUIRED TO REGISTER AS A
DOMESTIC ABUSE OFFENDER IN  ANOTHER  JURISDICTION  WHO  IS  EMPLOYED  OR
CARRIES  ON  A  VOCATION  IN  THIS  STATE,  ON  EITHER  A FULL-TIME OR A
PART-TIME BASIS, WITH OR WITHOUT COMPENSATION, FOR  MORE  THAN  FOURTEEN
CONSECUTIVE  DAYS, OR FOR AN AGGREGATE PERIOD EXCEEDING THIRTY DAYS IN A
CALENDAR YEAR.
  9. "NONRESIDENT STUDENT" MEANS A PERSON  REQUIRED  TO  REGISTER  AS  A
DOMESTIC  ABUSE  OFFENDER  IN  ANOTHER JURISDICTION WHO IS ENROLLED ON A
FULL-TIME OR PART-TIME BASIS IN ANY PUBLIC OR PRIVATE EDUCATIONAL INSTI-
TUTION IN THIS STATE INCLUDING ANY SECONDARY SCHOOL,  TRADE  OR  PROFES-
SIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION.
  S  169-B.  DUTIES  OF  THE  DIVISION; REGISTRATION INFORMATION. 1. THE
DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED  TO
REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A) THE DOMESTIC ABUSE OFFENDER'S NAME,  ALL  ALIASES  USED,  DATE  OF
BIRTH,  SEX,  RACE,  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
AND HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DOMESTIC ABUSE OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) THE NAME AND ADDRESS OF ANY INSTITUTION  OF  HIGHER  EDUCATION  AT
WHICH  THE DOMESTIC ABUSE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTEND-
ING OR EMPLOYED, WHETHER FOR  COMPENSATION  OR  NOT,  AND  WHETHER  SUCH
DOMESTIC ABUSE OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR
OPERATED BY SUCH INSTITUTION.
  (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2.  (A)  THE  DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO
ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE  OFFENDERS  FOR  THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS AND SHALL MAKE
SUCH  FILES  AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE.

S. 6405--B                         121

  (B) THE DIVISION SHALL REQUIRE THAT NO  INFORMATION  INCLUDED  IN  THE
REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
ABUSE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
  4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
MENTS.
  5. THE DIVISION SHALL ESTABLISH AND  OPERATE  A  TELEPHONE  NUMBER  AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE.
  6.  THE  DIVISION  SHALL ESTABLISH A DIRECTORY PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
  7. THE DIVISION SHALL ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO  ADVISE
THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  8.   (A) THE DIVISION SHALL CHARGE AN ADMINISTRATIVE FEE TO A DOMESTIC
ABUSE OFFENDER TO COVER THE COST OF INCLUSION ON THE REGISTRY. SUCH  FEE
SHALL  BE  SET AT A REASONABLE RATE TO BE DETERMINED PERIODICALLY BY THE
DIVISION.
  (B) THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A  DOMES-
TIC  ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS
OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY
INSTITUTION  OF  HIGHER  EDUCATION  AS  REQUIRED BY SUBDIVISION THREE OF
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE. THE FEE SHALL BE  PAID
TO THE DIVISION BY THE DOMESTIC ABUSE OFFENDER. THE STATE COMPTROLLER IS
HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL FUND.
  S  169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE
CASE OF ANY DOMESTIC ABUSE OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR  TO
THE  RELEASE  OR DISCHARGE OF ANY DOMESTIC ABUSE OFFENDER FROM A CORREC-
TIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF
THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH DOMESTIC  ABUSE  OFFENDER,
INFORMING  THE  DIVISION  IN  WRITING ON A FORM PROVIDED BY THE DIVISION
INDICATING THE ADDRESS AT WHICH HE OR SHE PROPOSES  TO  RESIDE  AND  THE
NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH HE OR
SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER  FOR  COMPEN-
SATION  OR  NOT,  AND  WHETHER  HE OR SHE RESIDES IN OR WILL RESIDE IN A
FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. IF SUCH  DOMESTIC  ABUSE
OFFENDER  CHANGES  HIS  OR  HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT  BY  THE  DOMESTIC
ABUSE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION
ON  A  FORM  PROVIDED  BY  THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER
CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE,  EMPLOYMENT  OR
RESIDENCE  AT  ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE
OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON  A
FORM PROVIDED BY THE DIVISION.
  2.  IN  THE CASE OF ANY DOMESTIC ABUSE OFFENDER ON PROBATION, IT SHALL
BE THE DUTY OF THE DOMESTIC ABUSE OFFENDER'S PROBATION OFFICER TO NOTIFY
THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE OF RESIDENCE ON A
FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE  OFFENDER  CHANGES
THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE
AT  ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION, SUCH NOTIFI-
CATION OF THE CHANGE OF STATUS SHALL  BE  SENT  BY  THE  DOMESTIC  ABUSE

S. 6405--B                         122

OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
A FORM PROVIDED BY THE DIVISION.
  3.  IN  THE  CASE  IN WHICH ANY DOMESTIC ABUSE OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY, THE  DESIGNATED  OFFICIAL  OF  THE
FACILITY  WHERE  THE  DOMESTIC  ABUSE OFFENDER WAS CONFINED SHALL NOTIFY
WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDIC-
TION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH  LAW  ENFORCE-
MENT  AGENCY OF THE NAME AND ALIASES OF THE DOMESTIC ABUSE OFFENDER, AND
THE ADDRESS AT WHICH HE OR SHE  RESIDED  AT  THE  TIME  OF  HIS  OR  HER
CONVICTION,  THE  AMOUNT  OF TIME REMAINING TO BE SERVED, IF ANY, ON THE
FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME
FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME TIME A  COPY
OF  SUCH  DOMESTIC  ABUSE  OFFENDER'S  FINGERPRINTS AND PHOTOGRAPH AND A
SUMMARY OF HIS OR HER CRIMINAL RECORD.
  4. THE DIVISION SHALL PROVIDE  GENERAL  INFORMATION,  IN  REGISTRATION
MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
TION  AND  REGISTRATION  PROCEDURES  THAT MAY APPLY IF THE REGISTRANT IS
AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR  UNITED  STATES
POSSESSION,  OR  COMMENCES  EMPLOYMENT  OR  ATTENDANCE AT AN EDUCATIONAL
INSTITUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH  INFORMA-
TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES
FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
  S  169-D.  DUTIES  OF  THE  COURT.  1.  UPON  CONVICTION OF ANY OF THE
OFFENSES  SET  FORTH  IN  SUBDIVISION  TWO  OF   SECTION   ONE   HUNDRED
SIXTY-NINE-A  OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS
A DOMESTIC ABUSE OFFENDER AND SHALL INCLUDE  THE  CERTIFICATION  IN  THE
JUDGMENT  OF  CONVICTION. THE COURT SHALL ALSO ADVISE THE DOMESTIC ABUSE
OFFENDER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE
CERTIFICATION IN THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC
ABUSE OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
  2. ANY DOMESTIC ABUSE OFFENDER WHO HAS BEEN  CONVICTED  OF  A  VIOLENT
FELONY  OR  TWO OR MORE MISDEMEANORS AGAINST A PERSON WHO IS A MEMBER OF
SUCH OFFENDER'S FAMILY OR HOUSEHOLD AS DEFINED IN SECTION 530.12 OF  THE
CRIMINAL  PROCEDURE LAW, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON
PAYMENT OF A FINE,  CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL  DISCHARGE
SHALL,  PRIOR  TO  SUCH  RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER
DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH HE OR SHE  WAS
CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC ABUSE OFFENDER
SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE
COURT  SHALL  REQUIRE  THE DOMESTIC ABUSE OFFENDER TO READ AND SIGN SUCH
FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH  FORM.  THE  COURT
SHALL  ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC ABUSE OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER RELEASE, AND THE NAME AND  ADDRESS  OF
ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
WHETHER  HE  OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY
SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE  DIVISION.
THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER
AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE INFOR-
MATION  TO  THE  LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. WHERE THE
COURT ORDERS A DOMESTIC ABUSE OFFENDER RELEASED ON PROBATION, SUCH ORDER
MUST INCLUDE A PROVISION REQUIRING  THAT  HE  OR  SHE  COMPLY  WITH  THE
REQUIREMENTS  OF  THIS  ARTICLE.  WHERE  SUCH  DOMESTIC  ABUSE  OFFENDER
VIOLATES SUCH PROVISION, PROBATION MAY BE  IMMEDIATELY  REVOKED  IN  THE
MANNER  PROVIDED  BY  ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
LAW.

S. 6405--B                         123

  3. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IT
SHALL  BE  IN  THE  COURTS DISCRETION TO REQUIRE AN OFFENDER TO REGISTER
PURSUANT TO THIS ARTICLE.  IN DETERMINING WHETHER AN OFFENDER SHOULD  BE
ON THE REGISTRY, A JUDGE SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE
OFFENDER  IS  A  VICTIM  WHO  WAS  DEFENDING  HIMSELF OR HERSELF AND THE
OFFENDER'S HISTORY OF AND PROPENSITY FOR VIOLENCE. IN ADDITION, A  JUDGE
MAY  REQUIRE  A THREAT ASSESSMENT OF FUTURE RISK, UTILIZING METHODS SUCH
AS A DOMESTIC VIOLENCE MOSAIC, A DANGER ASSESSMENT, A DOMESTIC  VIOLENCE
SCREENING  INSTRUMENT  OR  A  KINGSTON SCREENING INSTRUMENT FOR DOMESTIC
VIOLENCE OR OTHER THREAT ASSESSMENT AS THE COURT MAY DEEM APPROPRIATE.
  4. THE COURT SHALL PROVIDE  REASONABLE  OPPORTUNITY  TO  A  VICTIM  TO
OBJECT  TO  AN  OFFENDER'S INCLUSION IN THE REGISTRY AND SHALL TAKE SUCH
INFORMATION INTO ACCOUNT  WHILE  DETERMINING  THE  OFFENDER'S  INCLUSION
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S 169-E. DISCHARGE OF DOMESTIC ABUSE OFFENDER FROM CORRECTIONAL FACIL-
ITY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY DOMESTIC ABUSE OFFENDER, TO BE
DISCHARGED,  PAROLED,  RELEASED  TO POST-RELEASE SUPERVISION OR RELEASED
FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, SHALL  AT  LEAST  FIFTEEN
CALENDAR  DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS
OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE FACILITY IN WHICH  HE
OR  SHE  WAS  CONFINED.  THE  FACILITY  SHALL REQUIRE THE DOMESTIC ABUSE
OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY  THE  DIVISION
STATING THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRATION HAS BEEN
EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM.  THE  FACILITY  SHALL  OBTAIN  ON  SUCH FORM THE ADDRESS WHERE THE
DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON  HIS  OR  HER  DISCHARGE,
PAROLE  OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER
EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR
EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS
TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH  AN  INSTITUTION,  AND
SHALL  REPORT  SUCH INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE
ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER, RETAIN ONE COPY AND
SHALL SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE  INFORMATION
TO  THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL
GIVE THE DOMESTIC ABUSE OFFENDER A FORM PREPARED  BY  THE  DIVISION,  TO
REGISTER  WITH  THE  DIVISION  AT  LEAST  FIFTEEN CALENDAR DAYS PRIOR TO
RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE  DOMESTIC  ABUSE
OFFENDER  AND  SENT  TO  THE  DIVISION BY THE FACILITY AT LEAST TEN DAYS
PRIOR TO THE DOMESTIC ABUSE OFFENDER'S RELEASE OR DISCHARGE.
  2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT  THE  CONVICTION  DATA
AND  FINGERPRINTS  TO THE FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY
OBTAINED.
  S 169-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DOMESTIC ABUSE  OFFEN-
DER  SHALL  (A)  AT  LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE  OR  LOCAL
CORRECTIONAL  FACILITY  WHERE HE OR SHE WAS CONFINED, OR (B) IF RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, AT THE TIME SENTENCE  IS  IMPOSED,  REGISTER
WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.
  2. ANY DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE
SHALL  ON  OR  BEFORE  EACH ANNIVERSARY OF THE DOMESTIC ABUSE OFFENDER'S
INITIAL REGISTRATION DATE DURING THE  PERIOD  IN  WHICH  HE  OR  SHE  IS
REQUIRED  TO REGISTER VERIFY THAT HE OR SHE STILL RESIDES AT THE ADDRESS
LAST REPORTED TO THE DIVISION.
  3. ANY DOMESTIC ABUSE OFFENDER SHALL REGISTER  WITH  THE  DIVISION  NO
LATER  THAN  TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE

S. 6405--B                         124

OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR  RESIDENCE
AT ANY INSTITUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHOR-
IZED  BY  SUBDIVISION  EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE,  SHALL  BE  SUBMITTED  BY THE DOMESTIC ABUSE OFFENDER EACH TIME
SUCH DOMESTIC ABUSE OFFENDER REGISTERS ANY  CHANGE  OF  ADDRESS  OR  ANY
CHANGE  OF  HIS  OR  HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR
RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION. ANY FAILURE  OR  OMIS-
SION  TO  SUBMIT THE REQUIRED FEE SHALL NOT AFFECT THE ACCEPTANCE BY THE
DIVISION OF THE CHANGE OF ADDRESS OR CHANGE OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE APPLICABLE TO  ANY  DOMESTIC  ABUSE  OFFENDER  WHOSE  CONVICTION  WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
VISIONS EIGHT AND NINE OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTI-
CLE, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR
HER  PLACE  OF  EMPLOYMENT  OR EDUCATIONAL INSTITUTION ATTENDED WITH THE
DIVISION WITHIN TEN CALENDAR  DAYS  AFTER  SUCH  NONRESIDENT  WORKER  OR
NONRESIDENT STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL
INSTITUTION  IN THE STATE. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT
SHALL NOTIFY THE DIVISION OF ANY  CHANGE  OF  RESIDENCE,  EMPLOYMENT  OR
EDUCATIONAL  INSTITUTION  ADDRESS  NO  LATER  THAN  TEN  DAYS AFTER SUCH
CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY  WHERE  THE
NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
THAT  A  NONRESIDENT  WORKER  OR  NONRESIDENT STUDENT IS PRESENT IN THAT
AGENCY'S JURISDICTION.
  S 169-G. PRIOR CONVICTIONS; DUTY TO  INFORM  AND  REGISTER.  1.  EVERY
DOMESTIC  ABUSE  OFFENDER  WHO  ON THE EFFECTIVE DATE OF THIS ARTICLE IS
THEN ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR  IN  SUBDIVISION
TWO  OF  SECTION  ONE  HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL WITHIN
THIRTY CALENDAR DAYS OF SUCH EFFECTIVE DATE REGISTER  WITH  HIS  OR  HER
PAROLE  OR  PROBATION  OFFICER. ANY DOMESTIC ABUSE OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY SHALL BE SUBJECT TO THE SAME PENALTIES AS OTHERWISE
PROVIDED FOR IN THIS ARTICLE WHICH WOULD  BE  IMPOSED  UPON  A  DOMESTIC
ABUSE  OFFENDER WHO FAILS OR REFUSES TO SO COMPLY WITH THE PROVISIONS OF
THIS ARTICLE ON OR AFTER SUCH EFFECTIVE DATE.
  2. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER  TO  INFORM
AND  REGISTER SUCH DOMESTIC ABUSE OFFENDER ACCORDING TO THE REQUIREMENTS
IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER  SHALL  GIVE  ONE
COPY  OF THE FORM TO THE DOMESTIC ABUSE OFFENDER AND SHALL, WITHIN THREE
CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE  DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC ABUSE OFFENDER
RESIDES  UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR
LOCAL CONDITIONAL RELEASE.
  S 169-H. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
REGISTRATION AND VERIFICATION FOR A DOMESTIC ABUSE OFFENDER SHALL BE FOR
A  PERIOD OF FIVE TO TEN YEARS FROM THE INITIAL DATE OF REGISTRATION, AS
DETERMINED BY THE COURT, OR WHILE A PERMANENT ORDER OF PROTECTION EXISTS
AGAINST THE DOMESTIC ABUSE OFFENDER WHICHEVER IS LONGER.
  S 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION  AND
VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
WRITING  SIGNED  BY  THE  DOMESTIC ABUSE OFFENDER GIVING THE INFORMATION
THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR-
MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
  S 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.  1.  UPON  RECEIPT  OF  A CHANGE OF ADDRESS BY A DOMESTIC ABUSE

S. 6405--B                         125

OFFENDER REQUIRED TO REGISTER UNDER THIS  ARTICLE,  THE  DIVISION  SHALL
NOTIFY  THE  LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW
PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES-
TIC ABUSE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
  2.  THE  DIVISION  SHALL, IF THE DOMESTIC ABUSE OFFENDER CHANGES RESI-
DENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT  STATE
OF THE NEW PLACE OF RESIDENCE.
  3.  UPON  RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND-
ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER  UNDER  THIS  ARTICLE,  THE
DIVISION  SHALL  NOTIFY  EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION
WHICH IS AFFECTED BY SUCH CHANGE.
  S 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.  1.  A
DOMESTIC  ABUSE  OFFENDER  WHO  HAS  BEEN  CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION
ONE  HUNDRED  SIXTY-NINE-A  OF THIS ARTICLE SHALL NOTIFY THE DIVISION OF
THE NEW ADDRESS NO LATER THAN TEN  CALENDAR  DAYS  AFTER  SUCH  DOMESTIC
ABUSE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
  2.  THE  DIVISION  SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE  INDIVIDUALS  IN  OTHER
STATES  AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE  AND
THE SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION.  SUCH MATERIALS
SHALL  INCLUDE  AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH OFFICIALS AND
INDIVIDUALS IN OTHER STATES AND UNITED STATES  POSSESSIONS  MAY  USE  TO
OBTAIN ADDITIONAL INFORMATION.
  S  169-L.  PETITION  FOR  RELIEF  OR  MODIFICATION. ANY DOMESTIC ABUSE
OFFENDER WHO IS REQUIRED TO REGISTER OR VERIFY PURSUANT TO THIS  ARTICLE
AND  WHO  HAS  BEEN  REGISTERED FOR A MINIMUM PERIOD OF TEN YEARS MAY BE
RELIEVED OF ANY FURTHER DUTY TO REGISTER UPON THE GRANTING OF A PETITION
FOR RELIEF BY THE SENTENCING COURT OR BY THE COURT WHICH MADE THE DETER-
MINATION REGARDING DURATION OF REGISTRATION AND LEVEL  OF  NOTIFICATION.
THE  OFFENDER  SHALL  BEAR THE BURDEN OF PROVING BY CLEAR AND CONVINCING
EVIDENCE THAT HIS OR HER RISK OF REPEAT OFFENSE  AND  THREAT  TO  PUBLIC
SAFETY IS SUCH THAT REGISTRATION OR VERIFICATION IS NO LONGER NECESSARY.
SUCH  PETITION, IF GRANTED, SHALL NOT RELIEVE THE PETITIONER OF THE DUTY
TO REGISTER PURSUANT TO THIS ARTICLE  UPON  CONVICTION  OF  ANY  OFFENSE
REQUIRING  REGISTRATION  IN  THE  FUTURE.  SUCH  A PETITION SHALL NOT BE
CONSIDERED MORE THAN ONCE EVERY TWO YEARS. IN THE EVENT THAT THE  DOMES-
TIC ABUSE OFFENDER'S PETITION FOR RELIEF IS GRANTED, THE DISTRICT ATTOR-
NEY  MAY APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE PROVISIONS OF
ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY-SEVEN OF THE CIVIL PRACTICE LAW
AND RULES. WHERE COUNSEL HAS BEEN ASSIGNED  TO  REPRESENT  THE  DOMESTIC
ABUSE  OFFENDER  UPON  THE  GROUND  THAT  THE DOMESTIC ABUSE OFFENDER IS
FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY  APPEAL  AS  A
POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
  S  169-M. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, THE DIVISION  SHALL  OPERATE  A  TELEPHONE
NUMBER  THAT  MEMBERS  OF THE PUBLIC MAY CALL FREE OF CHARGE AND INQUIRE
WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE
IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED  PERSON  REASON-
ABLY  APPEARS  TO  BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE
RELEVANT INFORMATION. THE DIVISION SHALL DECIDE WHETHER THE NAMED PERSON

S. 6405--B                         126

REASONABLY APPEARS TO BE A PERSON LISTED, BASED  UPON  INFORMATION  FROM
THE  CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT STREET
ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE  NUMBER  OR  BIRTH
DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL SECURITY
NUMBER,  HAIR  COLOR,  EYE  COLOR, HEIGHT, WEIGHT, DISTINCTIVE MARKINGS,
ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARACTERISTICS IF
AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE OF THE CHARAC-
TERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE  COLOR,  OTHER
IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMATION IDENTIFY-
ING  THE  VICTIM  BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE PERSON
LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
  2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
  (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
  (C)  NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
TO THE OPERATOR AND PROVIDE A CURRENT ADDRESS AND THAT THE CALL SHALL BE
MAINTAINED IN A WRITTEN RECORD;
  (D) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION  OBTAINED  THROUGH
THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
  (E) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON; AND
  (F)  A  STATEMENT  THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
  3. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT  ANY  PERSON  OR
GROUP  OF  PERSONS  IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE
TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY  OR  ANY
PERSON  AGGRIEVED  BY  THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A
CIVIL ACTION IN THE  APPROPRIATE  COURT  REQUESTING  PREVENTIVE  RELIEF,
INCLUDING  AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY INJUNCTION,
RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF  PERSONS
RESPONSIBLE  FOR  THE PATTERN OR PRACTICE OF MISUSE. THE FOREGOING REME-
DIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES  THAT  MAY
BE  AVAILABLE  TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW. SUCH
PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT  LESS  THAN
FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
  4.  THE  DIVISION  SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON
THE OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL  INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
  (A) NUMBER OF CALLS RECEIVED;
  (B)  A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
  (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE  AND  THE
NUMBER  OF  CALLS  THAT  RESULTED  IN A NEGATIVE RESPONSE WITH REGARD TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D) NUMBER OF PERSONS LISTED; AND
  (E) A SUMMARY OF THE SUCCESS OF THE  TELEPHONE  NUMBER  PROGRAM  BASED
UPON SELECTED FACTORS.
  S 169-N. DIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAINTAIN A
DIRECTORY  OF  DOMESTIC ABUSE OFFENDERS. THE DIRECTORY SHALL INCLUDE THE
ADDRESS, ADDRESS OF THE OFFENDER'S PLACE OF EMPLOYMENT AND PHOTOGRAPH OF
THE DOMESTIC ABUSE OFFENDER ALONG WITH  THE  FOLLOWING  INFORMATION,  IF
AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE AND DISTINCTIVE MARKINGS. THE

S. 6405--B                         127

DIRECTORY  SHALL  HAVE  DOMESTIC  ABUSE OFFENDER LISTINGS CATEGORIZED BY
COUNTY AND ZIP CODE. A COPY OF THE DIRECTORY SHALL ANNUALLY BE  DISTRIB-
UTED  TO  THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY, COUNTY OR STATE LAW
ENFORCEMENT  AGENCIES  FOR PURPOSES OF PUBLIC ACCESS. THE DIVISION SHALL
DISTRIBUTE MONTHLY UPDATES TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY,
COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC  ACCESS.
SUCH  DEPARTMENTS  SHALL  REQUIRE THAT A PERSON IN WRITING PROVIDE THEIR
NAME AND ADDRESS PRIOR TO VIEWING THE DIRECTORY. THE DIRECTORY  PROVIDED
FOR  IN THIS SECTION SHALL BE UPDATED MONTHLY TO MAINTAIN ITS EFFICIENCY
AND USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE. SUCH DIRECTORY SHALL BE
MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION HOMEPAGE.
  2.  EVERY PAGE OF THE DIVISION'S WEBSITE SHALL PROMINENTLY  DISPLAY  A
LINK  TO  THE WEBSITE OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF
DOMESTIC VIOLENCE AND THE TELEPHONE NUMBER OF THE NEW YORK STATE  DOMES-
TIC  VIOLENCE  HOTLINE  AND  SHALL ALSO CONTAIN A CAVEAT INFORMING USERS
THAT A PERSON WHO IS NOT ON THE REGISTRY MAY STILL  HAVE  A  HISTORY  OF
VIOLENCE  OR  A  PROPENSITY FOR VIOLENCE AND IF THE USER SUSPECTS THAT A
PERSON HE OR SHE IS INVOLVED WITH IS DANGEROUS, HE OR  SHE  SHOULD  CALL
THE HOTLINE.
  3.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  AND
NOT  MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
OF THE DIRECTORY FROM THE OFFICES OF A LOCAL,  VILLAGE  OR  CITY  POLICE
DEPARTMENT  SHALL  BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY,  OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR  OTHER  ORDER
AGAINST  THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S  169-O. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY  INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH. THE IMMUNITY PROVIDED  UNDER  THIS  SECTION  APPLIES  TO  THE
RELEASE  OF  RELEVANT  INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
THE GENERAL PUBLIC.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION  UNLESS  IT  IS  SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
  S  169-P.  ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE AUGUST FIRST
IN EACH YEAR FILE A REPORT WITH THE GOVERNOR AND THE LEGISLATURE DETAIL-
ING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE  AND  EFFEC-
TIVENESS  OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY RECOMMEN-
DATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 169-Q. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF  A  CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR A SECOND OR

S. 6405--B                         128

SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY  RESPECTIVELY  IN
ACCORDANCE  WITH  SECTIONS  195.03 AND 195.04 OF THE PENAL LAW. ANY SUCH
FAILURE TO REGISTER MAY ALSO BE  THE  BASIS  FOR  REVOCATION  OF  PAROLE
PURSUANT  TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH
SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S 169-R. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 169-S. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
  S 3. The criminal procedure law is amended by  adding  a  new  section
530.15 to read as follows:
S 530.15 DOMESTIC ABUSE OFFENDER DETERMINATION.
  IF  IN  THE  OPINION  OF  THE  COURT  THE INTEREST OF JUSTICE WOULD BE
SERVED, THE COURT MAY, IN ITS DISCRETION, FIND A DEFENDANT AGAINST  WHOM
AN ORDER OF PROTECTION HAS BEEN ISSUED ON TWO OR MORE SEPARATE OCCASIONS
IS  A "DOMESTIC ABUSE OFFENDER" AS DEFINED IN SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-NINE-A OF THE CORRECTION LAW.
  S 4. Subdivision 1 of section 530.12 of the criminal procedure law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  THE  COURT  DETERMINES  A  DEFENDANT  AGAINST  WHOM  AN  ORDER OF
PROTECTION HAS BEEN ISSUED ON TWO OR MORE SEPARATE  OCCASIONS  TO  BE  A
"DOMESTIC  ABUSE  OFFENDER" AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-NINE-A OF THE CORRECTION LAW.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that section one of  this
act  shall take effect on the first of November next succeeding the date
on which it shall have become a law; and provided further,  that  effec-
tive  immediately,  the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such date.

                                 PART X

  Section 1. The commissioner of general services and  the  commissioner
of  the  office for people with developmental disabilities shall jointly
examine, evaluate, and make a report  concerning  the  most  appropriate
uses  of  the  J.N.  Adam  developmental  center (the center), generally
described in section two of this act. The  commissioners  shall  prepare
such  report in conjunction with, and shall consider and include in such
report the recommendations of, the empire state development corporation,
the office of parks, recreation and historic preservation,  the  depart-
ment  of  environmental  conservation, the mayor of the city of Buffalo,
the city council of the city of Buffalo, the supervisor of the  town  of
Perrysburg,  and  the  town board of the town of Perrysburg. Such report
shall include, but not be limited  to,  an  examination  of:  any  legal
impediments to any conveyance and other future uses of the real property
constituting  the  center; the availability of funding for the temporary
maintenance of the facilities of such center; any improvements  to  such
center which may be necessary to facilitate the conveyance of all or any
portion  thereof; environmental and other remediation necessary, includ-
ing cost estimates, to facilitate the conveyance or any  other  disposi-
tion  of such center; and the impact of any such conveyance or any other
disposition upon the town of  Perrysburg,  county  of  Cattaraugus,  and

S. 6405--B                         129

surrounding  municipalities,  including the city of Buffalo. Such report
shall also include a complete and accurate survey and description of the
lands constituting the center, which shall distinguish parcels that  are
currently  being  used by the office for people with developmental disa-
bilities, and identify other such parcels as  appropriate.  Such  report
shall  be  submitted to the governor, temporary president of the senate,
and the speaker of the assembly on or before  December  31,  2016.  Such
report  shall  also  be  posted  on the website of the office of general
services and the office for people with developmental  disabilities  for
at  least  eighteen  months after such date, and shall otherwise be made
available for public inspection consistent with article 6 of the  public
officers law.
  S 2. The lands subject to the provisions of this act, constituting the
center,  situate  in  the  town  of  Perrysburg,  county of Cattaraugus,
consists of approximately 649 acres of both  developed  and  undeveloped
land, and shall include any structures thereon.
  S  3.  No  later than 90 days prior to December 31, 2016, at least two
public hearings shall have been held to solicit public input  concerning
appropriate  uses for the center. At least one such public hearing shall
be held in the town of Perrysburg, and at least one shall be held in the
city of Buffalo.
  S 4. This act shall take effect immediately.

                                 PART Y

  Section 1. The commissioner of  the  office  of  general  services  is
authorized  and empowered to transfer and convey certain state property,
as further described in this act, to the city  of  Ogdensburg  for  fair
market  value,  upon  such terms and conditions as such commissioner may
fix and determine.
  S 2. The property to be conveyed pursuant to this act shall consist of
three parcels of land at the St. Lawrence  Psychiatric  Center,  in  the
city of Ogdensburg, St. Lawrence county, generally described as follows:
  Parcel  1:  50  acres for residential development bounded by the Saint
Lawrence River to the northwest, on the south by River Drive,  northeast
of  Bridgeview  to  include  all  of the surplus land abutting the Saint
Lawrence River between Bridgeview and Trinity buildings.
  Parcel 2:  45 acres for commercial/industrial development  bounded  on
the south and east by Ogdensburg Bridge and Port Authority lands, on the
north  by  Woods  Road,  and  southwest  of any St. Lawrence Psychiatric
Center Buildings.
  Parcel 3: 25 acres for Co-generation development, bounded to the south
by Entrance Drive, on the east by Cottage Road, on the north  by  Office
of Mental Health long-term property.
  S 3. The description of the lands set forth in section two of this act
to  be  conveyed  is  not  intended  to  be  a legal description, but is
intended only to identify the premises to be conveyed. As a condition of
purchase, the City of Ogdensburg shall submit to the commissioner of the
office of general services for said commissioner's approval an  accurate
survey  and  description  of the lands generally described, which may be
used in the conveyance thereof.
  S 4. This act shall take effect immediately.

                                 PART Z

S. 6405--B                         130

  Section 1. The volunteer  firefighters'  benefit  law  is  amended  by
adding a new section 11-d to read as follows:
  S  11-D.  CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION.  NOTWITHSTANDING
ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY:  (I) MELANOMA;
OR (II) CONDITION OF CANCER AFFECTING LYMPHATIC, DIGESTIVE,  HEMATOLOGI-
CAL,  URINARY,  PROSTATE,  NEUROLOGICAL, BREAST OR REPRODUCTIVE SYSTEMS,
RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A  VOLUNTEER  FIRE-
FIGHTER,  WHO  SUCCESSFULLY  PASSED A PHYSICAL EXAMINATION ON ENTRY INTO
FIREFIGHTER SERVICE, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE  OF
SUCH  A MELANOMA OR CONDITION, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS
INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY UNLESS THE CONTRARY BE
PROVEN BY COMPETENT EVIDENCE.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2020.

                                 PART AA

  Section  1.   Section 8 of the volunteer firefighters' benefit law, as
amended by chapter 574 of the laws  of  1998,  is  amended  to  read  as
follows:
  S  8.  Permanent  total  disability  benefits. 1. In the case of total
disability adjudged to be permanent the volunteer firefighter  shall  be
paid  four  hundred dollars for each week [during the continuance there-
of].  Permanent total disability, within the meaning  of  this  section,
shall  exist  only  if the earning capacity of the volunteer firefighter
has been lost permanently and totally as the result of the  injury.  The
loss  of  both  hands, or both arms, or both feet, or both legs, or both
eyes, or any two thereof, shall, in the absence of conclusive  proof  to
the  contrary,  constitute  permanent total disability, but in all other
cases permanent total disability shall be determined in accordance  with
the  facts.  Notwithstanding  any  other  provisions of this chapter, an
injured volunteer firefighter disabled due to the loss or total loss  of
use  of  both  eyes,  or both hands, or both arms, or both feet, or both
legs, or any two thereof shall not suffer any diminution of such  weekly
benefit by engaging in business or employment provided his or her weekly
earnings  or  wages,  when combined with his or her weekly benefit shall
not be in excess of [six] EIGHT hundred dollars;  and  further  provided
that  the  application  of this section shall not result in reduction of
benefits which an injured volunteer firefighter who is disabled  due  to
the loss or total loss of use of both eyes, or both hands, or both arms,
or  both feet, or both legs, or any two thereof would otherwise be enti-
tled to under any other provisions of this article.
  2. BENEFITS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AFTER
JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL BE ADJUSTED YEARLY ON FEBRUARY
FIRST BY A PERCENTAGE EQUAL TO THE  PERCENT  INCREASE  IN  THE  PREVIOUS
YEAR'S CONSUMER PRICE INDEX.
  S  2. Subdivision 5 of section 51 of the volunteer firefighters' bene-
fit law, as renumbered by chapter 246 of the laws of 2006, is renumbered
subdivision 6 and a new subdivision 5 is added to read as follows:
  5. THE INSURANCE CARRIER OR ENTITY RESPONSIBLE FOR PAYING THE  BENEFIT
INCREASE  PROVIDED IN SECTION EIGHT OF THIS CHAPTER SHALL CLAIM FOR SUCH
BENEFIT INCREASE REIMBURSEMENT FROM THE SPECIAL FUND FOR REOPENED  CASES
COMMENCING ONE YEAR FROM THE DATE OF THE FIRST SUCH PAYMENT AND ANNUALLY
THEREAFTER  WHILE  SUCH  PAYMENTS  CONTINUE, ON A FORM PRESCRIBED BY THE
CHAIR.

S. 6405--B                         131

  S 3. This act shall take effect immediately and shall apply to  weekly
benefit periods that commence after January 1, 2016.

                                 PART BB

  Section  1.  Subdivisions  2 and 4 of paragraph a and subdivision 3 of
paragraph f of section 90.00 of the local finance law, subdivision 2  of
paragraph  a  as added by section 8 of part F of chapter 383 of the laws
of 2001, subdivision 4 of paragraph a as amended by chapter 1034 of  the
laws  of 1960 and subdivision 3 of paragraph f as amended by chapter 711
of the laws of 1943, are amended to read as follows:
  2. Notwithstanding the provisions of subdivision  one  of  this  para-
graph[,]:  (A) bonds issued by a school district prior to December first
two thousand one, or prior to thirty days after the  effective  date  of
this  subdivision,  whichever  is  later,  for  the purpose of financing
facilities which were eligible for  building  aid  pursuant  to  section
thirty-six  hundred  two  of  the  education  law, and for which the aid
apportionments payable in two thousand two--two  thousand  three  and/or
two thousand three--two thousand four school years for approved expendi-
tures  for  debt  service  are  subsequently  reduced as a result of the
application of assumed amortization to unpaid principal  outstanding  as
of July first, two thousand two, may be refunded and the refunding bonds
may  be  sold  at  either  public or private sale in accordance with the
provisions of section 90.10 of this title; provided, however, the school
district need not comply with: (i) subparagraph (a) of  subdivision  two
of  paragraph b of section 90.10 of this title; and (ii) if the bonds to
be refunded are to be redeemed or paid on the same date as the refunding
bonds  are  issued,  the  school  district  need  not  comply  with  the
provisions  of section 90.10 of this title relating to the escrow of the
proceeds of the sale of the refunding bonds; AND (B) BONDS ISSUED  BY  A
MUNICIPALITY AUTHORIZED TO CREATE A COMMUNITY PRESERVATION FUND PURSUANT
TO  SUBDIVISION  TWO OF SECTION SIXTY-FOUR-E OF THE TOWN LAW AND FOR THE
PURPOSE OF FINANCING COMMUNITY  PRESERVATION  WHICH  WERE  ELIGIBLE  FOR
FUNDING  PURSUANT TO SUBDIVISIONS THREE AND FOUR OF SECTION SIXTY-FOUR-E
OF THE TOWN LAW MAY BE REFUNDED AND THE REFUNDING BONDS MAY BE  SOLD  AT
EITHER  PUBLIC  OR  PRIVATE  SALE  IN  ACCORDANCE WITH THE PROVISIONS OF
SECTION 90.10 OF THIS TITLE; PROVIDED, HOWEVER,  THE  MUNICIPALITY  NEED
NOT  COMPLY WITH: (I) SUBPARAGRAPH (A) OF SUBDIVISION TWO OF PARAGRAPH B
OF SECTION 90.10 OF THIS TITLE; AND (II) IF THE BONDS TO BE REFUNDED ARE
TO BE REDEEMED OR PAID ON THE SAME  DATE  AS  THE  REFUNDING  BONDS  ARE
ISSUED,  THE MUNICIPALITY NEED NOT COMPLY WITH THE PROVISIONS OF SECTION
90.10 OF THIS TITLE RELATING TO THE ESCROW OF THE PROCEEDS OF  THE  SALE
OF THE REFUNDING BONDS.
  4.  If  a budgetary appropriation has been made for the payment of the
principal on bonds, such maturity shall not be included in  a  refunding
bond  issue;  PROVIDED,  HOWEVER,  THIS  SUBDIVISION  SHALL NOT APPLY TO
REFUNDING BONDS ISSUED BY A MUNICIPALITY AUTHORIZED TO CREATE A COMMUNI-
TY PRESERVATION FUND PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-FOUR-E
OF THE TOWN LAW AND FOR THE PURPOSE OF FINANCING COMMUNITY  PRESERVATION
WHICH  WERE ELIGIBLE FOR FUNDING PURSUANT TO SUBDIVISIONS THREE AND FOUR
OF SECTION SIXTY-FOUR-E OF THE TOWN LAW.
  3. If the bonds to be refunded are bonds which were issued on or after
January first, nineteen hundred thirty-nine, other than bonds issued  to
redeem  notes, certificates or other evidences of temporary indebtedness
issued prior to January first, nineteen hundred thirty-nine,  in  antic-
ipation  of  such  bonds,  a statement of the maximum period of probable

S. 6405--B                         132

usefulness, at the time of the issuance of the bonds to be  refunded  OR
AS  MAY  BE  PROVIDED  BY RESOLUTION OR RESOLUTION SUBJECT TO PERMISSIVE
REFERENDUM, BY THE GOVERNING BODY OF  THE  MUNICIPALITY  AND  CONSISTENT
WITH SECTION 11.00 OF THIS ARTICLE OR SUCH OTHER GENERAL OR SPECIAL LAW,
of the object or purpose for which such bonds were issued.
  S  2.  Subdivision  2  of  paragraph  b  of section 90.10 of the local
finance law is amended by adding a  new  subparagraph  (f)  to  read  as
follows:
  (F)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (A) OF THIS SUBDI-
VISION, A MUNICIPALITY MAY ALSO ISSUE REFUNDING BONDS TO REFUND BONDS IF
THE BONDS WERE ISSUED BY A MUNICIPALITY AUTHORIZED TO CREATE A COMMUNITY
PRESERVATION FUND PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-FOUR-E OF
THE TOWN LAW AND FOR THE PURPOSE  OF  FINANCING  COMMUNITY  PRESERVATION
WHICH  WERE ELIGIBLE FOR FUNDING PURSUANT TO SUBDIVISIONS THREE AND FOUR
OF SECTION SIXTY-FOUR-E OF THE TOWN LAW.
  S 3. Subdivisions 4 and 5 of paragraph e of section 90.10 of the local
finance law, subdivision 4 as added by chapter 264 of the laws  of  1977
and  subdivision  5  as  amended by chapter 201 of the laws of 1978, are
amended to read as follows:
  4. A statement of the maximum period or periods of probable usefulness
permitted by law at the time of the issuance of the bonds to be refunded
for the object or purpose or objects or purposes for which such bonds to
be refunded were issued.  NOTWITHSTANDING THE ABOVE, THE PERIOD OR PERI-
ODS OF PROBABLE USEFULNESS FOR BONDS ISSUED BY A MUNICIPALITY AUTHORIZED
TO CREATE A COMMUNITY PRESERVATION FUND PURSUANT TO SUBDIVISION  TWO  OF
SECTION  SIXTY-FOUR-E  OF  THE TOWN LAW AND FOR THE PURPOSE OF FINANCING
COMMUNITY PRESERVATION WHICH  WERE  ELIGIBLE  FOR  FUNDING  PURSUANT  TO
SUBDIVISIONS  THREE  AND  FOUR  OF  SECTION SIXTY-FOUR-E OF THE TOWN LAW
SHALL NOT BE LIMITED TO THE PERIOD OF PROBABLE USEFULNESS AT THE TIME OF
ISSUANCE OF THE BOND TO BE REFUNDED BUT RATHER THE STATEMENT  OF  PERIOD
OR  PERIODS  OF  PROBABLE  USEFULNESS  REQUIRED  IN THIS SUBDIVISION MAY
INCLUDE AN EXTENSION OF SUCH PERIOD OF TIME SET FORTH IN  SECTION  11.00
OF THIS ARTICLE OR SUCH OTHER GENERAL OR SPECIAL LAW.
  5.  The financial plan for the refunding proposed, showing the sources
and amounts of all moneys required to  accomplish  such  refunding,  and
except  where such refunding bonds are issued by the city of New York OR
MUNICIPALITY pursuant to subparagraph (b) OR (F) of subdivision  two  of
paragraph  b  of  this section, RESPECTIVELY, an estimate of the present
value of the total debt service savings anticipated, computed in accord-
ance with subparagraph (a) of subdivision two of  paragraph  b  of  this
section.
  S 4. Paragraph g of section 90.10 of the local finance law, as amended
by chapter 201 of the laws of 1978, is amended to read as follows:
  g.  Except  where  such  refunding bonds are issued by the city of New
York pursuant to subparagraph (b) of subdivision two of paragraph  b  of
this  section  OR ISSUED PURSUANT TO SUBPARAGRAPH (F) OF SUBDIVISION TWO
OF PARAGRAPH B OF THIS SECTION WHERE SUCH REFUNDING BONDS ARE ISSUED  BY
A  MUNICIPALITY,  no  refunding  bonds  shall be issued pursuant to this
section unless the chief fiscal officer of the issuer shall  have  first
filed  with the finance board a certificate, approved by the state comp-
troller, which shall be final and conclusive upon all  parties,  setting
forth  the present value of the total debt service savings to the issuer
resulting from the issuance of the refunding bonds computed  in  accord-
ance with the provisions of subparagraph (a) of subdivision two of para-
graph  b  of this section, except that the actual amount, rather than an
estimate, of the amount of accrued interest to be  paid  on  such  bonds

S. 6405--B                         133

shall  be  used  in determining the effective interest cost thereof. The
certificate shall be in the form and shall contain such  information  as
shall  be prescribed by the state comptroller. The certificate shall not
be  approved  until ten days after the filing of such certificate in the
office of the state comptroller.
  S 5. Clause (b) of subdivision 21 of paragraph a of section  11.00  of
the local finance law, as amended by chapter 837 of the laws of 1945, is
amended to read as follows:
  (b) The financing of the acquisition of land, permanent rights in land
or  temporary  easements  in  land  incidental to a capital improvement,
inclusive of any administrative or other expenditures arising  therefrom
or  related  thereto,  if such acquisition and expenditures are financed
from a fund into which are paid the proceeds of the  sale  of  bonds  or
bond  anticipation notes issued in anticipation of such bonds and out of
which the cost of such acquisition and such expenditures are paid, thir-
ty years. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE ACQUI-
SITION OF LAND OR PERMANENT RIGHTS IN LAND  AND  THE  FINANCING  OF  THE
ACQUISITION  AS  SET  FORTH IN THIS SUBDIVISION MADE PURSUANT TO SECTION
SIXTY-FOUR-E OF THE TOWN LAW SHALL HAVE A PERIOD OF PROBABLE  USEFULNESS
OF  FIFTY  YEARS  AND TO THE EXTENT THAT THE ORIGINAL PERIOD OF PROBABLE
USEFULNESS WAS SET BY RESOLUTION AND/OR RESOLUTION SUBJECT TO PERMISSIVE
REFERENDUM, SUCH MUNICIPALITY MAY AMEND THE PERIOD OF  PROBABLE  USEFUL-
NESS  BY  RESOLUTION  OF  THE  GOVERNING  BODY  IN  ACCORDANCE  WITH THE
PROVISIONS OF THIS CHAPTER.
  S 6. This act shall take effect immediately.

                                 PART CC

  Section 1.  Subdivision 3 of section 99-h of the state finance law, as
amended by section 7 of chapter 174 of the laws of 2013, is  amended  to
read as follows:
  3.  Moneys of the account, following the segregation of appropriations
enacted by the legislature, shall be available  for  purposes  including
but  not limited to: (a) reimbursements or payments to municipal govern-
ments that host tribal casinos pursuant to a  tribal-state  compact  for
costs  incurred  in connection with services provided to such casinos or
arising as a result thereof, for economic development opportunities  and
job expansion programs authorized by the executive law; provided, howev-
er,  that  for  any  gaming facility located in the city of Buffalo, the
city of Buffalo shall receive a minimum of twenty-five  percent  of  the
negotiated percentage of the net drop from electronic gaming devices the
state  receives  pursuant  to the compact, and provided further that for
any gaming facility located in the city  of  Niagara  Falls,  county  of
Niagara  a  minimum of [twenty-five] SEVENTY-FIVE percent of the negoti-
ated percentage of the net drop from electronic gaming devices the state
receives pursuant to the compact shall be distributed in accordance with
subdivision four of this section, and  provided  further  that  for  any
gaming  facility located in the county or counties of Cattaraugus, Chau-
tauqua or Allegany, the municipal governments of the state  hosting  the
facility  shall collectively receive a minimum of twenty-five percent of
the negotiated percentage of the net drop from electronic gaming devices
the state receives pursuant to the compact; and  provided  further  that
pursuant  to  chapter  five  hundred  ninety of the laws of two thousand
four, a minimum of twenty-five percent of the revenues received  by  the
state  pursuant  to  the state's compact with the St. Regis Mohawk tribe
shall be made available to the counties of Franklin  and  St.  Lawrence,

S. 6405--B                         134

and  affected  towns in such counties. Each such county and its affected
towns shall receive fifty percent of the moneys made  available  by  the
state;  and  provided further that the state shall annually make twenty-
five  percent  of  the  negotiated  percentage  of the net drop from all
gaming devices the  state  actually  receives  pursuant  to  the  Oneida
Settlement Agreement confirmed by section eleven of the executive law as
available  to  the  county  of  Oneida,  and a sum of three and one-half
million dollars to the county of Madison. Additionally, the state  shall
distribute for a period of nineteen and one-quarter years, an additional
annual  sum of two and one-half million dollars to the county of Oneida.
Additionally, the state shall distribute  the  one-time  eleven  million
dollar payment received by the state pursuant to such agreement with the
Oneida Nation of New York to the county of Madison by wire transfer upon
receipt  of  such  payment by the state; and (b) support and services of
treatment programs  for  persons  suffering  from  gambling  addictions.
Moneys  not  segregated  for  such  purposes shall be transferred to the
general fund for the support of government during  the  fiscal  year  in
which they are received.
  S  2.  Subdivision  3  of  section  99-h  of the state finance law, as
amended by section 7-a of chapter 174 of the laws of 2013, is amended to
read as follows:
  3. Moneys of the account, following appropriation by the  legislature,
shall  be  available  for  purposes  including  but  not limited to: (a)
reimbursements or payments to municipal  governments  that  host  tribal
casinos  pursuant  to  a  tribal-state  compact  for  costs  incurred in
connection with services provided to such casinos or arising as a result
thereof,  for  economic  development  opportunities  and  job  expansion
programs  authorized  by  the executive law; provided, however, that for
any gaming facility located in the city of Buffalo, the city of  Buffalo
shall  receive  a  minimum  of  twenty-five  percent  of  the negotiated
percentage of the net drop from  electronic  gaming  devices  the  state
receives  pursuant  to  the  compact,  and provided further that for any
gaming facility located in the city of Niagara Falls, county of  Niagara
a  minimum  of  [twenty-five]  SEVENTY-FIVE  percent  of  the negotiated
percentage of the net drop from  electronic  gaming  devices  the  state
receives pursuant to the compact shall be distributed in accordance with
subdivision  four  of  this  section,  and provided further that for any
gaming facility located in the county or counties of Cattaraugus,  Chau-
tauqua  or  Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent  of
the negotiated percentage of the net drop from electronic gaming devices
the  state  receives  pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
four,  a  minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
shall  be  made  available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and  its  affected
towns  shall  receive  fifty percent of the moneys made available by the
state; and provided further that the state shall annually  make  twenty-
five  percent  of  the  negotiated  percentage  of the net drop from all
gaming devices the  state  actually  receives  pursuant  to  the  Oneida
Settlement Agreement as confirmed by section eleven of the executive law
as  available  to  the county of Oneida, and a sum of three and one-half
million dollars to the county of Madison. Additionally, the state  shall
distribute for a period of nineteen and one-quarter years, an additional
annual  sum of two and one-half million dollars to the county of Oneida.

S. 6405--B                         135

Additionally, the state shall distribute  the  one-time  eleven  million
dollar payment received by the state pursuant to such agreement with the
Oneida Nation of New York to the county of Madison by wire transfer upon
receipt  of  such  payment by the state; and (b) support and services of
treatment programs  for  persons  suffering  from  gambling  addictions.
Moneys  not  appropriated  for such purposes shall be transferred to the
general fund for the support of government during  the  fiscal  year  in
which they are received.
  S  3.  Subdivision  3  of  section  99-h  of the state finance law, as
amended by section 8 of chapter 174 of the laws of 2013, is  amended  to
read as follows:
  3.  Moneys of the account, following the segregation of appropriations
enacted by the legislature, shall be available  for  purposes  including
but  not limited to: (a) reimbursements or payments to municipal govern-
ments that host tribal casinos pursuant to a  tribal-state  compact  for
costs  incurred  in connection with services provided to such casinos or
arising as a result thereof, for economic development opportunities  and
job expansion programs authorized by the executive law; provided, howev-
er,  that  for  any  gaming  facility  located in the county of Erie [or
Niagara], the municipal governments hosting the facility  shall  collec-
tively  receive  a  minimum  of  twenty-five  percent  of the negotiated
percentage of the net drop from  electronic  gaming  devices  the  state
receives pursuant to the compact, AND FOR ANY GAMING FACILITY LOCATED IN
THE  COUNTY  OF  NIAGARA  THE  MUNICIPAL GOVERNMENT HOSTING THE FACILITY
SHALL COLLECTIVELY RECEIVE A MINIMUM  OF  SEVENTY-FIVE  PERCENT  OF  THE
NEGOTIATED  PERCENTAGE OF THE NET DROP FOR ELECTRONIC GAMING DEVICES THE
STATE RECEIVES PURSUANT TO THE COMPACT, and provided  further  that  for
any  gaming  facility  located in the county or counties of Cattaraugus,
Chautauqua or Allegany, the municipal governments of the  state  hosting
the facility shall collectively receive a minimum of twenty-five percent
of  the  negotiated  percentage  of  the net drop from electronic gaming
devices the state receives pursuant to the compact; and provided further
that pursuant to chapter five hundred ninety of the laws of two thousand
four, a minimum of twenty-five percent of the revenues received  by  the
state  pursuant  to  the state's compact with the St. Regis Mohawk tribe
shall be made available to the counties of Franklin  and  St.  Lawrence,
and  affected  towns in such counties. Each such county and its affected
towns shall receive fifty percent of the moneys made  available  by  the
state;  and  provided further that the state shall annually make twenty-
five percent of the negotiated percentage  of  the  net  drop  from  all
gaming  devices  the  state  actually  receives  pursuant  to the Oneida
Settlement Agreement confirmed by section eleven of  the  executive  law
available  to  the  county  of  Oneida,  and a sum of three and one-half
million dollars to the county of Madison. Additionally, the state  shall
distribute,  for  a  period  of nineteen and one-quarter years, an addi-
tional annual sum of two and one-half million dollars to the  county  of
Oneida.  Additionally,  the  state  shall distribute the one-time eleven
million dollar payment actually received by the state  pursuant  to  the
Oneida  Settlement  Agreement  to the county of Madison by wire transfer
upon receipt of such payment by the state; and (b) support and  services
of  treatment  programs  for persons suffering from gambling addictions.
Moneys not segregated for such purposes  shall  be  transferred  to  the
general  fund  for  the  support of government during the fiscal year in
which they are received.

S. 6405--B                         136

  S 4. Paragraph (a) of subdivision 4  of  section  99-h  of  the  state
finance law, as amended by section 2 of part W of chapter 60 of the laws
of 2011, is amended to read as follows:
  (a)  Monies which are appropriated and received each year by the state
as a portion of the negotiated percentage of the net drop from electron-
ic gaming devices the state receives in relation to the operation  of  a
gaming  facility  in  the city of Niagara Falls, county of Niagara which
subdivision three of this section requires to be a minimum  of  [twenty-
five]  SEVENTY-FIVE percent, shall be budgeted and disbursed by the city
of Niagara Falls in the following manner:
  (i) [seventy-three] FIFTY-EIGHT and  one-half  percent  of  the  total
annual amount received shall be available for expenditure by the city of
Niagara  Falls  for such public purposes as are determined, by the city,
to be necessary and desirable to accommodate and enhance economic devel-
opment, neighborhood  revitalization,  public  health  and  safety,  and
infrastructure  improvement  in  the  city,  shall be deposited into the
tribal revenue account of the city and any and all interest  and  income
derived from the deposit and investment of such monies shall be deposit-
ed  into  the general operating fund of the city; provided however, that
[any amount allocated to the Niagara Falls Underground Railroad Heritage
Commission, to the extent that its share pursuant to the formula  estab-
lished in clause five of subparagraph (ii) of this paragraph exceeds one
percent,  such  amounts shall be distributed from the funds available to
the city for its public  purposes  pursuant  to  this  paragraph]  FORTY
PERCENT  OF SUCH AMOUNT SHALL BE USED TO FUND DOWNTOWN ECONOMIC DEVELOP-
MENT AND JOB CREATION TO BE ALLOCATED  BY  THE  DOWNTOWN  NIAGARA  FALLS
ECONOMIC DEVELOPMENT ADVISORY GROUP. THE ADVISORY GROUP SHALL BE MADE UP
OF  NINE  MEMBERS APPOINTED AS FOLLOWS:  ONE BY THE GOVERNOR, ONE BY THE
SENATE MAJORITY LEADER, ONE BY THE SPEAKER OF THE ASSEMBLY, ONE  BY  THE
SENECA NATION OF INDIANS, ONE BY THE MAYOR OF THE CITY OF NIAGARA FALLS,
ONE  BY  THE NIAGARA COUNTY LEGISLATURE, ONE BY THE NIAGARA USA CHAMBER,
ONE BY THE NIAGARA COUNTY  BUILDING  TRADES  COUNCIL,  AND  ONE  BY  THE
NIAGARA  FRONTIER  TRANSPORTATION AUTHORITY.  THE DOWNTOWN NIAGARA FALLS
ECONOMIC DEVELOPMENT ADVISORY GROUP SHALL ALLOCATE FUNDS FOR THE PURPOSE
OF ASSISTING BUSINESSES LOCATED IN DOWNTOWN NIAGARA FALLS TO CREATE  NEW
JOB  OPPORTUNITIES  AND  TO  INCENTIVIZE NEW BUSINESSES TO LOCATE WITHIN
DOWNTOWN NIAGARA FALLS. FUNDS MAY BE USED FOR, BUT NOT LIMITED  TO,  THE
REHABILITATION OF BUILDINGS, INSTALLATION OF SIGNAGE, TRAINING OF EXIST-
ING  OR  NEW  EMPLOYEES  IN  TECHNIQUES  RELATED  TO THEIR INDUSTRY, AND
INSTALLATION OF APPROPRIATE INDUSTRY RELATED MACHINERY. NO  FUNDS  SHALL
BE  ALLOCATED FOR GENERAL OBLIGATIONS AND RESPONSIBILITIES TRADITIONALLY
PROVIDED BY THE CITY OF NIAGARA FALLS; and
  (ii) the remaining [twenty-six] FORTY-ONE and one-half percent of  the
total  annual amount received shall be allocated for the city of Niagara
Falls to be available for expenditure in the following manner:
  (1) within thirty-five days upon receipt of such funds by  such  city,
five  and  one-half  percent of the total annual amount received in each
year, not to exceed [seven]  TWO  MILLION  TWO  hundred  fifty  thousand
dollars annually AND NOT LESS THAN THE AMOUNT RECEIVED BY SUCH ENTITY IN
FISCAL YEAR TWO THOUSAND FOURTEEN, shall be transferred to Niagara Falls
memorial  medical  center  to be used for capital construction projects;
and
  (2) within thirty-five days upon receipt of such funds by  such  city,
five  and  one-half  percent of the total annual amount received in each
year, not to exceed [seven]  TWO  MILLION  TWO  hundred  fifty  thousand
dollars annually AND NOT LESS THAN THE AMOUNT RECEIVED BY SUCH ENTITY IN

S. 6405--B                         137

FISCAL  YEAR  TWO THOUSAND FOURTEEN, shall be transferred to the Niagara
Falls city school district for capital construction projects; and
  (3)  within  thirty-five days upon receipt of such funds by such city,
seven percent OF THE TOTAL AMOUNT RECEIVED in each year  NOT  TO  EXCEED
TWO  MILLION  TWO HUNDRED FIFTY THOUSAND DOLLARS shall be transferred to
the Niagara tourism and convention center corporation for marketing  and
tourism promotion in the county of Niagara including the city of Niagara
Falls; and
  (4)  an  amount  equal  to  the lesser of one million dollars or seven
percent of the total amount in each year shall  be  transferred  to  the
city  of  Niagara  Falls and held in an escrow account maintained by the
city of Niagara Falls and, if additional funding has been secured by the
Niagara frontier transportation authority to finance construction  of  a
new  terminal  at  Niagara  Falls,  such  amount held in escrow shall be
transferred to the Niagara frontier transportation  authority  for  such
purpose  provided  however  that if such additional funding has not been
secured or construction of a new terminal has not commenced  within  two
years of the date which such monies were received by the city of Niagara
Falls  such amounts held in escrow by the city of Niagara Falls shall be
distributed pursuant to subparagraph (iii) of this paragraph; and
  (5) [within thirty-five days upon receipt of such funds by such  city,
one percent or three hundred fifty thousand dollars, whichever is great-
er,  of  the  total  annual amount received in each year shall be trans-
ferred to the Niagara Falls Underground  Railroad  Heritage  Commission,
established pursuant to article forty-three of the parks, recreation and
historic  preservation  law to be used for, but not limited to, develop-
ment, capital improvements, acquisition of real property,  and  acquisi-
tion  of  personal  property  within  the  heritage  area in the city of
Niagara Falls as established pursuant to the commission; provided in the
event the distribution available pursuant to  this  clause  exceeds  one
percent,  it  shall be distributed from the moneys available pursuant to
subparagraph (i) of this paragraph] WITHIN THIRTY-FIVE DAYS UPON RECEIPT
OF SUCH FUNDS BY SUCH CITY,  ONE  AND  ONE-HALF  PERCENT  OF  THE  TOTAL
AMOUNTS  RECEIVED  IN  EACH  YEAR, NOT TO EXCEED TWO MILLION TWO HUNDRED
FIFTY THOUSAND DOLLARS SHALL BE TRANSFERRED TO THE NIAGARA FALLS HOUSING
AUTHORITY; AND
  (6) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY  SUCH  CITY,
SEVEN  PERCENT  OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT TO EXCEED
TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS SHALL BE  TRANSFERRED  TO
THE NIAGARA FALLS AQUARIUM; AND
  (7)  WITHIN  THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
SEVEN PERCENT OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT  TO  EXCEED
TWO  MILLION  TWO  HUNDRED FIFTY THOUSAND DOLLAR SHALL BE TRANSFERRED TO
THE WESTERN NEW YORK STATE FIRST RESPONSE AND PREPAREDNESS CENTER; AND
  (8) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY  SUCH  CITY,
ONE  PERCENT  OF  THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT TO BE LESS
THAN ONE HUNDRED FIFTY THOUSAND DOLLARS SHALL BE  TRANSFERRED  TO  MOUNT
SAINT MARY'S NEIGHBORHOOD HEALTH CENTER; and
  (iii)  all  other  monies  appropriated  or  received for distribution
pursuant to this subdivision after the transfer  of  money  pursuant  to
this  subparagraph  and  subparagraphs (i) and (ii) of this paragraph in
each year shall be allocated to the city of Niagara  Falls  for  infras-
tructure and road improvement projects.
  S  5.  Section 2 of chapter 747 of the laws of 2006 amending the state
finance law, relating to the tribal-state compact  revenue  account,  is
amended to read as follows:

S. 6405--B                         138

  S  2.  This act shall take effect immediately, and shall expire and be
deemed repealed December 31, [2016] 2026.
  S 6. This act shall take effect immediately, provided that:
  1.  the  amendments  to  subdivision  3  of  section 99-h of the state
finance law made by section one of this act shall take effect January 1,
2017 and shall be subject to the expiration and reversion of such subdi-
vision as provided in section 3 of part W of chapter 60 of the  laws  of
2011,  as  amended  when upon such date the provisions of section two of
this act shall take effect;
  2. the amendments to subdivision  3  of  section  99-h  of  the  state
finance  law  made  by  section  two of this act shall be subject to the
expiration and reversion of such section as provided  in  section  2  of
chapter  747  of  the  laws  of 2006, as amended when upon such date the
provisions of section three of this act shall take effect; and
  3. the amendments to paragraph (a) of subdivision 4 of section 99-h of
the state finance law made by section four of this act shall be  subject
to  the expiration of such subdivision as provided in chapter 747 of the
laws of 2006, as amended and shall be deemed expired and repealed there-
with.

                                 PART DD

  Section 1. Section 167 of the workers' compensation law, as  added  by
chapter 446 of the laws of 2006, is amended to read as follows:
  S  167.  Claims  of  volunteers. For persons who participated in World
Trade Center rescue, recovery and clean-up operations as volunteers, the
uninsured employers' fund shall be deemed to be the employer [only]  for
the  purposes  of administering and paying claims pursuant to this arti-
cle. Benefits under this chapter shall be  payable  to  such  volunteers
[only]  IN THE FIRST INSTANCE AND to the extent that funds are available
out of funds appropriated to the United States Department of Labor under
Public Law 109-148 to reimburse the uninsured employer's  fund  for  the
payment  of  such  benefits AND THEREAFTER FROM THE UNINSURED EMPLOYERS'
FUND. THE UNINSURED EMPLOYERS' FUND  MAY  PAY  FOR  VOLUNTEERS'  MEDICAL
TREATMENT  NOTWITHSTANDING  SUCH  MEDICAL EXPENSES HAVING BEEN DENIED BY
THE WORLD TRADE CENTER HEALTH ORGANIZATION.
  S 2. This act shall take effect immediately.

                                 PART EE

  Section 1. The banking law is amended by adding a new  section  46  to
read as follows:
  S  46.  COMMUNITY REINVESTMENT EVALUATION EXEMPTIONS.  NOTWITHSTANDING
ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,  A  BANKING  ORGANIZATION
WHICH  HAS  TOTAL  ASSETS  OF  LESS  THAN  ONE BILLION DOLLARS AND WHICH
RECEIVED A RATING OF SATISFACTORY OR  OUTSTANDING  IN  THE  MOST  RECENT
COMMUNITY  REINVESTMENT ACT EXAMINATION CONDUCTED BY SUCH BANKING ORGAN-
IZATION'S PRIMARY FEDERAL REGULATOR SHALL BE EXEMPT FROM THE CONDUCT  BY
THE  DEPARTMENT OF FINANCIAL SERVICES OF A COMMUNITY REINVESTMENT EVALU-
ATION.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

                                 PART FF

S. 6405--B                         139

  Section 1. Paragraph (b) of subdivision 2 of section 36 of the banking
law,  as  amended by chapter 464 of the laws of 2006, is amended to read
as follows:
  (b)  the  superintendent  [may]  SHALL extend the examination interval
from at least once in each calendar year to at least once in each  eigh-
teen month period if the banking organization to be examined:
  (1)  has total assets of less than [two hundred fifty million dollars]
ONE BILLION DOLLARS;
  (2) is well-capitalized, which  for  purposes  of  this  paragraph  is
defined as having capital which significantly exceeds the required mini-
mum level for each relevant capital measure or as having such capital as
the superintendent shall otherwise define by regulation;
  (3)  at  its most recent examination, was found to be well-managed and
its composite condition was found to be outstanding or good;
  (4) is not currently subject to a  formal  enforcement  proceeding  or
order  by  the superintendent, the federal deposit insurance corporation
or any other federal banking agency; and
  (5) has not been acquired by any person during the twelve month period
in which an examination would be required but for this paragraph, and
  S 2. This act shall take effect immediately.

                                 PART GG

  Section 1. Subdivision 2 of section 87 of the banking law, as  amended
by chapter 495 of the laws of 2013, is amended to read as follows:
  2.  The  maximum  amount  of funds which the state comptroller and the
commissioner of taxation and finance  may  deposit  under  this  program
shall  not exceed [two] THREE hundred fifty million dollars each; HOWEV-
ER, AT A MINIMUM, SUCH DEPOSITS MUST BE MADE IN AN AMOUNT  OF  AT  LEAST
ONE  HUNDRED  FIFTY  MILLION  DOLLARS  EACH UNLESS IT IS DETERMINED THAT
COMPLIANCE WITH SUCH MINIMUM  DEPOSIT  AMOUNT  CANNOT  REASONABLY  OCCUR
GIVEN  THE AMOUNT OF MONEY MAINTAINED FOR DEPOSIT. The maximum amount of
funds on deposit at a community banking  institution  shall  not  exceed
twenty  million  dollars.    CONSIDERATION  SHALL  BE GIVEN TO EQUITABLY
DISTRIBUTE SUCH DEPOSITS ON A REGIONAL BASIS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART HH

  Section  1.  Short  title. This act shall be known and may be cited as
the "community bank service corporation act".
  S 2. The banking law is amended by adding a new article 2-D to read as
follows:
                              ARTICLE II-D
                   COMMUNITY BANK SERVICE CORPORATIONS
SECTION 88. SERVICE CORPORATIONS OWNED BY  COMMUNITY  BANKS;  AUTHORIZED
              ACTIVITIES OF SUCH CORPORATIONS; INVESTMENTS THEREIN.
  S 88. SERVICE CORPORATIONS OWNED BY COMMUNITY BANKS; AUTHORIZED ACTIV-
ITIES OF SUCH CORPORATIONS; INVESTMENTS THEREIN. 1. A COMMUNITY BANK MAY
INVEST IN THE STOCK, CAPITAL NOTES AND DEBENTURES OF ONE OR MORE SERVICE
CORPORATIONS  ORGANIZED UNDER THE LAWS OF THIS STATE FOR THE SOLE ACTIV-
ITIES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, TO  THE  EXTENT  AND
UPON  SUCH  CONDITIONS AS ARE OR HAVE BEEN AUTHORIZED BY THE SUPERINTEN-
DENT INCLUDING BUT NOT LIMITED TO THE FOLLOWING ACTIVITIES:

S. 6405--B                         140

  (A) PROVIDING SERVICES  PRIMARILY  FOR  OTHER  FINANCIAL  INSTITUTIONS
PARTICULARLY  ACCOUNTING,  AUDITING,  CLERICAL,  COMPLIANCE  ACTIVITIES,
CONSULTING, DATA STORAGE  AND  PROCESS,  INVESTMENT  ADVISORY,  RESEARCH
SERVICES,  LOCATOR  SERVICES,  PERSONNEL TRAINING AND SUPPORT, MARKETING
SERVICES, EMPLOYEE LEASING SERVICES, AND MANAGERIAL;
  (B)  ORIGINATING,  INVESTING  IN,  PURCHASING,  SELLING,  SERVICING OR
OTHERWISE DEALING IN DIRECTLY OR THROUGH  PARTICIPATION,  LOANS  OF  ANY
TYPE WHICH MAY BE MADE BY A COMMUNITY BANK;
  (C)  PROVIDING  INSURANCE  BROKERAGE OR AGENCY SERVICES, INCLUDING BUT
NOT LIMITED TO AGENCY FOR SALE OF INSURANCE, VEHICLE WARRANTY  PROGRAMS,
GROUP PURCHASING PROGRAMS AND REAL ESTATE SETTLEMENT PROGRAMS;
  (D)  PROVIDING  REAL  ESTATE  SERVICES  INCLUDING  BUT  NOT LIMITED TO
BROKERAGE, APPRAISAL, INSPECTION, PROPERTY MANAGEMENT,  AND  LEASING  OF
EXCESS PROPERTY;
  (E) LEASING OF PERSONAL PROPERTY TO CUSTOMERS;
  (F)  PROVIDING LOAN SUPPORT SERVICES INCLUDING BUT NOT LIMITED TO DEBT
COLLECTION SERVICES, LOAN PROCESSING, SERVICE  AND  SALES,  REAL  ESTATE
SETTLEMENT  SERVICES,  PURCHASING  AND SERVICING OF NON-PERFORMING LOANS
AND REFERRAL AND PROCESSING OF LOAN APPLICATIONS;
  (G) RECORD RETENTION, SECURITY AND DISASTER RECOVERY SERVICES  INCLUD-
ING  BUT  NOT  LIMITED  TO ALARM-MONITORING AND OTHER SECURITY SERVICES,
DISASTER RECOVERY SERVICES, MICROFILM, MICROFICHE, OPTICAL AND ELECTRON-
IC IMAGING, CD-ROM DATA STORAGE AND  RETRIEVAL  SERVICES,  PROVISION  OF
FORMS AND SUPPLIES AND RECORD RETENTION AND STORAGE;
  (H) SECURITIES BROKERAGE SERVICES;
  (I) SHARED COMMUNITY BANK BRANCH OPERATIONS;
  (J)  STUDENT LOAN ORIGINATION, INCLUDING THE AUTHORITY TO BUY AND SELL
PARTICIPATION INTERESTS IN SUCH LOANS;
  (K) TRAVEL AGENCY AND TAX PREPARATION SERVICES;
  (L) PROVIDING COURIER SERVICES;
  (M) TRUST AND TRUST RELATED SERVICES  INCLUDING  BUT  NOT  LIMITED  TO
ACTING AS ADMINISTRATOR FOR PREPAID LEGAL SERVICE PLANS, ACTING AS TRUS-
TEE, GUARDIAN, CONSERVATOR, ESTATE ADMINISTRATOR OR IN ANY OTHER FIDUCI-
ARY CAPACITY AND TRUST SERVICES;
  (N) CREDIT AND LOAN ORIGINATION;
  (O) PAYROLL PROCESSING SERVICES;
  (P) ISSUING CREDIT CARDS AND ENGAGING IN CREDIT CARD OPERATIONS;
  (Q) ISSUING LETTERS OF CREDIT; AND
  (R)  SPONSORING,  ORGANIZING  AND  ADVISING  OPEN-ENDED  MUTUAL FUNDS;
PROVIDED THAT ALL OF THE STOCK OF SUCH SERVICE CORPORATIONS IS, OR IS TO
BE, OWNED BY ONE OR MORE COMMUNITY BANKS; AND PROVIDED FURTHER, THAT  NO
COMMUNITY  BANK MAY MAKE ANY INVESTMENT UNDER THIS SECTION IF ITS AGGRE-
GATE OUTSTANDING INVESTMENT THEREBY, DETERMINED  AS  PRESCRIBED  BY  THE
SUPERINTENDENT, WOULD EXCEED FIVE PER CENTUM OF ITS ASSETS.
  2.  THE ACTIVITIES OF SUCH SERVICE CORPORATIONS, PERFORMED DIRECTLY OR
THROUGH ONE OR MORE WHOLLY OWNED SUBSIDIARIES, SHALL CONSIST OF  RENDER-
ING  SUCH  SERVICES  TO  COMMUNITY BANKS AND MAKING SUCH INVESTMENTS FOR
ITSELF AND FOR COMMUNITY BANKS AS ARE AUTHORIZED  SERVICES  AND  INVEST-
MENTS  FOR SUCH COMMUNITY BANKS UNDER THE PROVISIONS OF THIS CHAPTER, AS
WELL AS SUCH ACTIVITIES AS MAY BE PRESCRIBED BY THE  GENERAL  REGULATION
OF THE SUPERINTENDENT.
  3.  FOR PURPOSES OF THIS SECTION, A COMMUNITY BANK SHALL BE DEFINED AS
A BANK OR TRUST COMPANY ORGANIZED UNDER OR SUBJECT TO THE  PROVISION  OF
ARTICLE THREE OF THIS CHAPTER OR THE COMPARABLE PROVISION OF THE LAWS OF
ANOTHER  STATE  OR  A  NATIONAL BANKING ASSOCIATION OR A SAVINGS BANK, A
SAVINGS AND LOAN ASSOCIATION OR OTHER SAVINGS INSTITUTION CHARTERED  AND

S. 6405--B                         141

SUPERVISED  AS  SUCH  UNDER  FEDERAL OR STATE LAW WHERE AVERAGE VALUE OF
ASSETS MUST NOT EXCEED EIGHT BILLION DOLLARS.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

                                 PART II

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 209-ff to read as follows:
  S  209-FF.  MINIMUM  ACCIDENTAL  DISABILITY  RETIREMENT  ALLOWANCE FOR
POLICEMEN IN CITIES, TOWNS AND VILLAGES WHO  ARE  MEMBERS  OF  A  POLICE
PENSION  OR  RETIREMENT  SYSTEM.  1.  AS  USED IN THIS SECTION, THE TERM
"POLICE ACCIDENTAL  DISABILITY  RETIREMENT  ALLOWANCE"  SHALL  MEAN  THE
ALLOWANCE  GRANTED  TO  ANY  PERSON  WHO  IS AN OFFICER OR MEMBER OF THE
UNIFORMED FORCE OR A POLICE DEPARTMENT OF ANY CITY, TOWN OR VILLAGE, AND
WHO IS A MEMBER OF A POLICE PENSION OR RETIREMENT  SYSTEM,  PURSUANT  TO
SECTION FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, OR
SECTION  THREE HUNDRED SIXTY-THREE OF THE RETIREMENT AND SOCIAL SECURITY
LAW, OR ANY  SIMILAR  ACCIDENTAL  DISABILITY  PENSION  PROVIDED  BY  THE
PENSION FUND OF WHICH HE OR SHE IS A MEMBER.
  2.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
LAW, CHARTER OR ADMINISTRATIVE CODE TO THE CONTRARY, AND IN LIEU OF  ANY
LESSER  AMOUNT  OTHERWISE  PRESCRIBED,  ANY POLICE ACCIDENTAL DISABILITY
RETIREMENT ALLOWANCE SHALL NOT BE LESS THAN THREE-QUARTERS OF THE MEMBER
OF THE POLICE PENSION OR RETIREMENT SYSTEM'S  FINAL  AVERAGE  SALARY  OR
ANNUAL COMPENSATION, AS SUCH FINAL AVERAGE SALARY OR ANNUAL COMPENSATION
IS  OTHERWISE  PRESCRIBED  BY  LAW. SUCH ALLOWANCE SHALL NOT BE REDUCED,
DIMINISHED OR OFFSET BY A  MEMBER'S  RECEIPT  OF,  OR  ELIGIBILITY  FOR,
SOCIAL SECURITY BENEFITS.
  3.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
LAW, CHARTER OR ADMINISTRATIVE CODE TO THE CONTRARY, AND IN LIEU OF  ANY
AMOUNT  PRESCRIBED  BY  SECTION  FIVE  HUNDRED TEN OF THE RETIREMENT AND
SOCIAL SECURITY LAW OR OTHERWISE PRESCRIBED BY LAW,  A  COST  OF  LIVING
ADJUSTMENT  SHALL  BE PAYABLE ON POLICE ACCIDENTAL DISABILITY RETIREMENT
ALLOWANCES UNDER THE SAME TERMS  AND  CONDITIONS  AS  PROVIDED  IN  SUCH
SYSTEMS IMMEDIATELY PRIOR TO JULY FIRST, TWO THOUSAND NINE.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
LAW, CHARTER OR ADMINISTRATIVE CODE TO THE CONTRARY,  SUBDIVISION  D  OF
SECTION  FIVE  HUNDRED  SEVEN  OF THE RETIREMENT AND SOCIAL SECURITY LAW
SHALL NOT APPLY TO MEMBERS OF A POLICE PENSION OR RETIREMENT SYSTEM  WHO
RECEIVE POLICE ACCIDENTAL DISABILITY RETIREMENT ALLOWANCES. SUCH MEMBERS
SHALL  BE  SUBJECT  TO  POST-RETIREMENT  MEDICAL EXAMINATIONS, AND WHERE
APPLICABLE, MODIFICATION OF RETIREMENT ALLOWANCES FOLLOWING  SUCH  EXAM-
INATIONS, IN THE SAME MANNER AND UNDER THE SAME CONDITIONS PRESCRIBED BY
LAW  IMMEDIATELY  PRIOR  TO JULY FIRST, TWO THOUSAND NINE FOR MEMBERS OF
SUCH POLICE PENSION OR RETIREMENT SYSTEMS.
  S 2. This act shall take effect immediately.

                                 PART JJ

  Section 1.  Subdivisions a and b of section 13-357 of the  administra-
tive  code  of the city of New York, subdivision a as amended by chapter
438 of the laws of 1986, are amended to read as follows:
  a. Once each year the board may, and upon his or her  own  application
shall,  require  any  disability pensioner, under the minimum period for
service retirement elected by him or her, and who at the time of his  or

S. 6405--B                         142

her  retirement  for disability was an improved benefits plan member, OR
ANY DISABILITY PENSIONER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR
FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND WHO IS
UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE
RETIREMENT  AND  SOCIAL  SECURITY LAW FOR POLICE/FIRE MEMBERS to undergo
medical examination. Such examination shall be  made  at  the  place  of
residence  of such beneficiary or other place mutually agreed upon. Upon
the completion of such examination the medical board  shall  report  and
certify  to  the  board whether such beneficiary is or is not totally or
partially incapacitated physically or mentally and whether he or she  is
or  is  not engaged in or able to engage in a gainful occupation. If the
board concur in a report by the medical board that such  beneficiary  is
able  to  engage  in  a gainful occupation, it shall certify the name of
such beneficiary to the appropriate civil service commission,  state  or
municipal,  and  such  commission  shall  place  his  or  her  name as a
preferred eligible on  such  appropriate  lists  of  candidates  as  are
prepared  for  appointment to positions for which he or she is stated to
be qualified. Should such beneficiary be engaged in  a  gainful  occupa-
tion,  or  should  he  or she be offered city-service as a result of the
placing of his or her name on a civil service  list,  such  board  shall
reduce  the  amount  of  his  or  her  disability pension and his or her
pension-providing-for-increased-take-home-pay,  if  any,  to  an  amount
which,  when added to that then earned by him or her, or earnable by him
or her in city-service so offered him  or  her,  shall  not  exceed  the
current  maximum  salary for the title next higher than that held by him
or her when he or she was retired. Should the earning capacity  of  such
beneficiary  be further altered, such board may further alter his or her
pension and his or her pension-providing-for-increased-take-home-pay, if
any, to an amount which shall not exceed the rate of pension and his  or
her pension-providing-for-increased-take-home-pay, if any, upon which he
or  she  was  originally  retired but which, subject to such limitation,
shall equal, when added to that earnable by  him  or  her,  the  current
maximum  salary  for  the title next higher than that held by him or her
when he or she was retired. The provisions  of  this  section  shall  be
executed,  any  provision  of  the  charter  or the code to the contrary
notwithstanding.
  b. Should any disability  pensioner,  under  the  minimum  period  for
service  retirement elected by him or her, and who was an improved bene-
fits plan member at the time of his or her retirement for disability, OR
ANY DISABILITY PENSIONER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR
FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW AND WHO  IS
UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE
RETIREMENT  AND  SOCIAL  SECURITY LAW FOR POLICE/FIRE MEMBERS, refuse to
submit to one medical examination in any year by a physician  or  physi-
cians designated by the medical board, his or her pension and his or her
pension-providing-for-increased-take-home-pay, if any, may be discontin-
ued  until  his  or  her withdrawal of such refusal. Should such refusal
continue for one year, all his or her rights in and to such pension  and
his or her pension-providing-for-increased-take-home-pay, if any, may be
revoked by such board.
  S 2. Section 13-171 of the administrative code of the city of New York
is amended by adding a new subdivision c to read as follows:
  C.  THE PROVISIONS OF SUBDIVISIONS A AND B OF THIS SECTION SHALL APPLY
TO SANITATION OR CORRECTION MEMBERS OF  THE  NEW  YORK  CITY  EMPLOYEES'
RETIREMENT  SYSTEM,  AND UNIFORMED COURT OFFICER MEMBERS OF THE NEW YORK
CITY EMPLOYEES' RETIREMENT SYSTEM, WHO RETIRED PURSUANT TO SECTION  FIVE

S. 6405--B                         143

HUNDRED  SIX OR FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY
LAW AND WHO IS UNDER EARLY RETIREMENT AGE AS  DEFINED  IN  SECTION  FIVE
HUNDRED ONE OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  S  3. Section 506 of the retirement and social security law is amended
by adding three new subdivisions e, f and g to read as follows:
  E. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER  OR  OF  ANY
GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C AND D OF  THIS  SECTION
SHALL  NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND
WHO ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW YORK  FIRE  DEPART-
MENT PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGI-
BLE  FOR  ORDINARY DISABILITY RETIREMENT PURSUANT TO SECTIONS 13-352 AND
13-357 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  AND  SHALL
RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF:
  (I)  AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT;
AND
  (II)  A  PENSION  WHICH   IS   THE   ACTUARIAL   EQUIVALENT   OF   THE
RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTI-
TLED, IF ANY, AND
  (III)  A  PENSION,  WHICH  TOGETHER  WITH  HIS  OR HER ANNUITY AND THE
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, SHALL BE EQUAL TO
A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF HIS OR HER FINAL AVERAGE
SALARY MULTIPLIED BY THE NUMBER OF YEARS OF CITY-SERVICE CREDITED TO HIM
OR HER, BUT NOT LESS THAN (1) ONE-HALF OF HIS OR HER FINAL AVERAGE SALA-
RY, IF THE YEARS OF CITY-SERVICE CREDITED TO HIM OR HER ARE TEN OR MORE,
OR (2) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY,  IF  THE  YEARS  OF
CITY-SERVICE CREDITED TO HIM OR HER ARE LESS THAN TEN.
  2.  THE  PROVISIONS OF SUBDIVISIONS G, H AND I OF SECTION FIVE HUNDRED
SEVEN OF THIS ARTICLE SHALL APPLY  TO  DISABILITY  BENEFITS  UNDER  THIS
SUBDIVISION.
  F.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
REGULATION  TO  THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION
SHALL NOT APPLY TO SANITATION AND CORRECTION MEMBERS  OF  THE  NEW  YORK
CITY  EMPLOYEES'  RETIREMENT  SYSTEM  WHO ARE SUBJECT TO THIS ARTICLE. A
SANITATION OR CORRECTION MEMBER OF THE NEW YORK CITY EMPLOYEES'  RETIRE-
MENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE FOR
ORDINARY  DISABILITY RETIREMENT PURSUANT TO SECTION 13-167 OF THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK AND SHALL  RECEIVE  A  RETIREMENT
ALLOWANCE WHICH SHALL BE EQUAL TO THE GREATER OF:
  (I) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY; OR
  (II) ONE-SIXTIETH OF HIS OR HER FINAL AVERAGE SALARY MULTIPLIED BY THE
NUMBER  OF YEARS OF HIS OR HER CREDITED SERVICE; PROVIDED, HOWEVER, THAT
WHERE SUCH MEMBER IS OTHERWISE ELIGIBLE TO RETIRE FROM SERVICE, AND  THE
RETIREMENT  ALLOWANCE  WHICH  HE  OR  SHE  WOULD  RECEIVE IN THE CASE OF
SERVICE RETIREMENT IS LARGER THAN THE RETIREMENT  ALLOWANCE  HE  OR  SHE
WOULD  OTHERWISE  RECEIVE  UNDER THIS PARAGRAPH OR PARAGRAPH (I) OF THIS
SUBDIVISION, HIS OR HER DISABILITY RETIREMENT ALLOWANCE PURSUANT TO THIS
SUBDIVISION SHALL BE EQUAL TO THE RETIREMENT ALLOWANCE HE OR  SHE  WOULD
RECEIVE IF HE OR SHE HAD RETIRED FROM SERVICE.
  G.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
REGULATION  TO  THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION
SHALL NOT APPLY TO UNIFORMED COURT OFFICERS IN THE NEW YORK CITY EMPLOY-
EES' RETIREMENT SYSTEM WHO ARE SUBJECT  TO  THIS  ARTICLE.  A  UNIFORMED

S. 6405--B                         144

COURT  OFFICER  IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS
SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE FOR ORDINARY DISABILI-
TY RETIREMENT PURSUANT TO SECTION 13-167 OF THE ADMINISTRATIVE  CODE  OF
THE  CITY  OF  NEW  YORK  AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH
SHALL BE EQUAL TO THE GREATER OF:
  (I) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY; OR
  (II) ONE-SIXTIETH OF HIS OR HER FINAL AVERAGE SALARY MULTIPLIED BY THE
NUMBER OF YEARS OF HIS OR HER CREDITED SERVICE; PROVIDED, HOWEVER,  THAT
WHERE  SUCH MEMBER IS OTHERWISE ELIGIBLE TO RETIRE FROM SERVICE, AND THE
RETIREMENT ALLOWANCE WHICH HE OR  SHE  WOULD  RECEIVE  IN  THE  CASE  OF
SERVICE  RETIREMENT  IS  LARGER  THAN THE RETIREMENT ALLOWANCE HE OR SHE
WOULD OTHERWISE RECEIVE UNDER THIS PARAGRAPH OR PARAGRAPH  (I)  OF  THIS
SUBDIVISION, HIS OR HER DISABILITY RETIREMENT ALLOWANCE PURSUANT TO THIS
SUBDIVISION  SHALL  BE EQUAL TO THE RETIREMENT ALLOWANCE HE OR SHE WOULD
RECEIVE IF HE OR SHE HAD RETIRED FROM SERVICE.
  S 4. Section 507 of the retirement and social security law is  amended
by adding three new subdivisions j, k and l to read as follows:
  J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENERAL,
SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION
TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E, AND F OF THIS SECTION SHALL
NOT  APPLY  TO  MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND WHO
ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW  YORK  FIRE  DEPARTMENT
PENSION  FUND  WHO  IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE
FOR  ACCIDENTAL  DISABILITY  RETIREMENT  PURSUANT  TO  SECTIONS  13-353,
13-354,  AND  13-357  OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK
AND ANY ACCIDENTAL DISABILITY RETIREMENT BENEFITS FOUND IN  THE  GENERAL
MUNICIPAL  LAW  AND  SHALL  RECEIVE  A  RETIREMENT ALLOWANCE WHICH SHALL
CONSIST OF:
  1. AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS  OR  HER
ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT;
AND
  2.  A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-IN-
CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTITLED,  IF  ANY;
AND
  3. A PENSION, OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY, IN
ADDITION  TO  THE ANNUITY AND PENSION PROVIDED FOR BY PARAGRAPHS ONE AND
TWO OF THIS SUBDIVISION.
  K.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY  GENER-
AL,  SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGU-
LATION TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION
SHALL NOT APPLY TO SANITATION AND CORRECTION MEMBERS  OF  THE  NEW  YORK
CITY  EMPLOYEES'  RETIREMENT  SYSTEM  WHO ARE SUBJECT TO THIS ARTICLE. A
SANITATION OR CORRECTION MEMBER OF THE NEW YORK CITY EMPLOYEES'  RETIRE-
MENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE FOR
ACCIDENTAL  DISABILITY  RETIREMENT  PURSUANT  TO  SECTION  13-168 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND ANY ACCIDENTAL DISABILI-
TY RETIREMENT BENEFITS FOUND IN THE  GENERAL  MUNICIPAL  LAW  AND  SHALL
RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL BE EQUAL TO THREE-QUARTERS OF
FINAL AVERAGE SALARY, SUBJECT TO THE PROVISIONS OF SECTION 13-176 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  L. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENERAL,
SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION
TO  THE CONTRARY, SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION SHALL
NOT APPLY TO UNIFORMED COURT OFFICERS IN THE NEW  YORK  CITY  EMPLOYEES'
RETIREMENT  SYSTEM  WHO  ARE  SUBJECT TO THIS ARTICLE. A UNIFORMED COURT
OFFICER IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS SUBJECT

S. 6405--B                         145

TO THIS ARTICLE SHALL INSTEAD  BE  ELIGIBLE  FOR  ACCIDENTAL  DISABILITY
RETIREMENT  PURSUANT TO SECTION 13-168 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK AND ANY ACCIDENTAL DISABILITY RETIREMENT BENEFITS FOUND
IN  THE  GENERAL  MUNICIPAL LAW AND SHALL RECEIVE A RETIREMENT ALLOWANCE
WHICH SHALL BE EQUAL TO THREE-QUARTERS OF FINAL AVERAGE  SALARY  SUBJECT
TO  THE  PROVISIONS  OF SECTION 13-176 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK.
  S 5. Section 510 of the retirement and social security law is  amended
by adding a new subdivision i to read as follows:
  I.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE OR THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK, THE ANNUAL  ESCALATION  PROVIDED
IN THIS SECTION SHALL NOT APPLY TO THE ORDINARY OR ACCIDENTAL DISABILITY
RETIREMENT  BENEFIT  OF  MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION
FUND, OR THE ORDINARY OR ACCIDENTAL  DISABILITY  RETIREMENT  BENEFIT  OF
SANITATION  AND  CORRECTION  MEMBERS  OF  THE  NEW  YORK CITY EMPLOYEES'
RETIREMENT SYSTEM AND UNIFORMED COURT OFFICERS  IN  THE  NEW  YORK  CITY
EMPLOYEES'  RETIREMENT  SYSTEM,  WHO  RETIRE  PURSUANT  TO  SECTION FIVE
HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE. THE ORDINARY OR ACCI-
DENTAL DISABILITY RETIREMENT BENEFIT OF MEMBERS OF  THE  NEW  YORK  FIRE
DEPARTMENT  PENSION  FUND, THE ORDINARY OR ACCIDENTAL DISABILITY RETIRE-
MENT BENEFIT OF SANITATION AND CORRECTION MEMBERS OF THE NEW  YORK  CITY
EMPLOYEES'  RETIREMENT  SYSTEM, OR THE ORDINARY OR ACCIDENTAL DISABILITY
RETIREMENT BENEFIT OF UNIFORMED COURT OFFICERS  IN  THE  NEW  YORK  CITY
EMPLOYEES' RETIREMENT SYSTEM WHO RETIRE PURSUANT TO SECTION FIVE HUNDRED
SIX  OR  FIVE  HUNDRED  SEVEN  OF  THIS  ARTICLE  SHALL  BE ADJUSTED FOR
COST-OF-LIVING PURSUANT TO THE  PROVISIONS  OF  SECTION  13-696  OF  THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S 6. Subdivision f of section 511 of the retirement and social securi-
ty law, as amended by chapter 18 of the laws of 2012, is amended to read
as follows:
  f.  This  section  shall not apply to general members in the uniformed
correction force of the New York city department  of  correction  or  to
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of corrections and community supervision and security  hospi-
tal treatment assistants, as those terms are defined in subdivision i of
section  eighty-nine  of  this  chapter,  provided,  however,  that  the
provisions of this section shall apply to  a  New  York  city  uniformed
correction/sanitation  revised  plan member, AND THIS SECTION SHALL ALSO
NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT  PENSION  FUND,  OR
SANITATION  REVISED PLAN MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIRE-
MENT SYSTEM, OR CORRECTION REVISED PLAN MEMBERS OF  THE  NEW  YORK  CITY
EMPLOYEES'  RETIREMENT SYSTEM, OR REVISED PLAN MEMBERS WHO ARE UNIFORMED
COURT OFFICERS IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO ARE
SUBJECT TO THIS ARTICLE WHO RETIRE ON ORDINARY OR ACCIDENTAL  DISABILITY
RETIREMENT PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF
THIS ARTICLE.
  S  7. Section 512 of the retirement and social security law is amended
by adding three new subdivisions e, f and g to read as follows:
  E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO MEMBERS OF  THE
NEW  YORK  FIRE  DEPARTMENT PENSION FUND WHO RETIRE PURSUANT TO SECTIONS
FIVE HUNDRED SIX AND FIVE HUNDRED SEVEN  OF  THIS  ARTICLE,  A  MEMBER'S
FINAL  AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY SUCH MEMBER DURING
THE ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT,  EXCLUSIVE  OF  ANY
FORM  OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTIC-
IPATION OF RETIREMENT), OR ANY LUMP SUM  PAYMENT  FOR  DEFERRED  COMPEN-

S. 6405--B                         146

SATION, SICK LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY OTHER PAYMENT
FOR  TIME  NOT  WORKED  (OTHER  THAN COMPENSATION RECEIVED WHILE ON SICK
LEAVE OR AUTHORIZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE  SALARY
OR  WAGES EARNED DURING THE ONE YEAR PERIOD IMMEDIATELY PRIOR TO RETIRE-
MENT EXCEEDS THAT OF THE PREVIOUS ONE-YEAR PERIOD BY  MORE  THAN  TWENTY
PER  CENTUM  THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED
FROM THE COMPUTATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVER-
AGE SALARY, ANY MONTH OR MONTHS (NOT IN EXCESS  OF  THREE)  WHICH  WOULD
OTHERWISE BE INCLUDED IN COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH
THE  MEMBER  WAS  ON  AUTHORIZED  LEAVE  OF ABSENCE WITHOUT PAY SHALL BE
EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY AND THE  MONTH  OR
AN  EQUAL  NUMBER  OF  MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE
SUBSTITUTED IN LIEU THEREOF.
  F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO SANITATION  AND
CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO
RETIRE  PURSUANT  TO  SECTION FIVE HUNDRED SIX AND FIVE HUNDRED SEVEN OF
THIS ARTICLE, A MEMBER'S FINAL AVERAGE  SALARY  SHALL  MEAN  THE  SALARY
EARNED  BY  SUCH MEMBER DURING ANY THREE CONSECUTIVE YEARS WHICH PROVIDE
THE HIGHEST AVERAGE WAGE, EXCLUSIVE  OF  ANY  FORM  OF  TERMINATION  PAY
(WHICH SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION OF RETIREMENT), OR
ANY  LUMP  SUM PAYMENT FOR DEFERRED COMPENSATION, SICK LEAVE, OR ACCUMU-
LATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT  WORKED  (OTHER
THAN  COMPENSATION  RECEIVED  WHILE ON SICK LEAVE OR AUTHORIZED LEAVE OF
ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES  EARNED  DURING  ANY
YEAR  INCLUDED IN THE PERIOD EXCEEDS THAT OF THE AVERAGE OF THE PREVIOUS
TWO YEARS BY MORE THAN TEN PER CENTUM, THE AMOUNT IN EXCESS OF  TEN  PER
CENTUM  SHALL  BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY.
IN DETERMINING FINAL AVERAGE SALARY, ANY MONTH OR MONTHS (NOT IN  EXCESS
OF  THREE)  WHICH WOULD OTHERWISE BE INCLUDED IN COMPUTING FINAL AVERAGE
SALARY BUT DURING WHICH THE MEMBER WAS ON AUTHORIZED  LEAVE  OF  ABSENCE
WITHOUT  PAY  SHALL  BE  EXCLUDED  FROM THE COMPUTATION OF FINAL AVERAGE
SALARY AND THE MONTH OR AN EQUAL NUMBER OF MONTHS IMMEDIATELY  PRECEDING
SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU THEREOF.
  G. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO UNIFORMED COURT
OFFICERS  IN  THE  NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO RETIRE
PURSUANT TO SECTION FIVE HUNDRED SIX AND  FIVE  HUNDRED  SEVEN  OF  THIS
ARTICLE  A MEMBER'S FINAL AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY
SUCH MEMBER DURING THE ANY THREE CONSECUTIVE  YEARS  WHICH  PROVIDE  THE
HIGHEST  AVERAGE  WAGE,  EXCLUSIVE OF ANY FORM OF TERMINATION PAY (WHICH
SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION OF  RETIREMENT),  OR  ANY
LUMP  SUM  PAYMENT FOR DEFERRED COMPENSATION, SICK LEAVE, OR ACCUMULATED
VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT  WORKED  (OTHER  THAN
COMPENSATION  RECEIVED  WHILE  ON  SICK  LEAVE  OR  AUTHORIZED  LEAVE OF
ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES  EARNED  DURING  ANY
YEAR  INCLUDED IN THE PERIOD EXCEEDS THAT OF THE AVERAGE OF THE PREVIOUS
TWO YEARS BY MORE THAN TEN PER CENTUM, THE AMOUNT IN EXCESS OF  TEN  PER
CENTUM  SHALL  BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY.
IN DETERMINING FINAL AVERAGE SALARY, ANY MONTH OR MONTHS (NOT IN  EXCESS
OF  THREE)  WHICH WOULD OTHERWISE BE INCLUDED IN COMPUTING FINAL AVERAGE
SALARY BUT DURING WHICH THE MEMBER WAS ON AUTHORIZED  LEAVE  OF  ABSENCE
WITHOUT  PAY  SHALL  BE  EXCLUDED  FROM THE COMPUTATION OF FINAL AVERAGE
SALARY AND THE MONTH OR AN EQUAL NUMBER OF MONTHS IMMEDIATELY  PRECEDING
SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU THEREOF.

S. 6405--B                         147

  S  8.  This  act  shall take effect on the sixtieth day after it shall
have become a law.
  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 JJ of this act shall be
as specifically set forth in the last section of such Parts.