S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7505--A                                            A. 9505--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 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 criminal procedure law, in relation to a waiver and
   time limits for a speedy trial (Part A); to amend the  judiciary  law,
   in  relation to additional functions of the chief administrator of the
   courts (Part B); to amend the criminal procedure law, in  relation  to
   the  issuance  of securing orders and in relation to making conforming
   changes; and to amend the insurance law, in relation to the deposit of
   bail money by charitable bail organizations (Part  C);  to  amend  the
   criminal  procedure  law,  the  penal  law  and  the executive law, in
   relation to discovery reform and  intimidating  or  tampering  with  a
   victim  or  witness;  and to repeal certain provisions of the criminal
   procedure law relating thereto (Part D); to amend the  civil  practice
   law  and  rules,  in  relation  to the forfeiture of the proceeds of a
   crime, and reporting certain demographic data; to amend  the  criminal
   procedure  law  and  the  penal  law, in relation to reporting certain
   demographic data; and to repeal certain provisions of the civil  prac-
   tice law and rules relating thereto (Part E); to amend part H of chap-
   ter  503  of  the  laws  of 2009 relating to the disposition of monies
   recovered by county district attorneys before the filing of an accusa-
   tory instrument, in relation to the effectiveness thereof (Part F); to
   amend the correction law, in relation to eliminating reimbursements to
   counties for personal service expenses related to  the  transportation
   of  state  ready  inmates  (Part  G);  to amend the correction law, in
   relation to programmatic accomplishments for merit and limited  credit
   time  (Part  H);  to  repeal  subdivision  9  of  section  201  of the
   correction law, in relation to supervision fees (Part I); to authorize
   two  pilot  temporary  release  programs  for  certain  inmates  whose
   offenses  and  disciplinary  records  would  render  them  eligible to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12670-02-8

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   receive a limited credit time allowance (Part J); to amend the banking
   law,  in  relation  to  licensing  considerations  for  check  cashers
   (Subpart  A);  to  amend the education law, in relation to eligibility
   for  serving  on  a New York city community district education council
   and city-wide council (Subpart B); to  amend  the  executive  law,  in
   relation  to licensing considerations for bingo suppliers (Subpart C);
   to amend the executive law, in relation  to  licensing  considerations
   for notary publics (Subpart D); to amend the general municipal law, in
   relation to licensing considerations for suppliers of games of chance,
   for games of chance licensees, for bingo licensees, and for lessors of
   premises  to  bingo licensees (Subpart E); to amend the insurance law,
   in relation to licensing considerations for insurer adjusters and  for
   employment  with insurance adjusters; and to repeal certain provisions
   of such law relating thereto (Subpart F); to amend the  real  property
   law,  in  relation to licensing considerations for real estate brokers
   or real estate salesmen (Subpart G); to amend the social services law,
   in relation  to  participation  as  employer  in  subsidized  employer
   programs  (Subpart  H);  and  to amend the vehicle and traffic law, in
   relation to eligibility for employment by a driver's  school  (Subpart
   I)(Part  K);  to  amend the executive law, in relation to allowing for
   geriatric parole (Part L); 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  M);
   to  amend  the  executive law, in relation to administrative subpoenas
   (Part N); to amend the state finance law  and  the  military  law,  in
   relation  to establishing the armory rental account fund; and to amend
   chapter 152 of the laws of 2001 amending the military law relating  to
   military funds of the organized militia, in relation to the effective-
   ness  thereof  (Part  O);  to  amend  the  criminal  procedure law, in
   relation to eliminating the statute of limitations  for  any  sexually
   related offense committed against a child; to amend the general munic-
   ipal  law,  the court of claims act and the education law, in relation
   to removing the requirement of filing a notice of claim  for  a  claim
   for  injury suffered from a sexually related offense committed against
   a child; to amend the civil practice law and  rules,  in  relation  to
   extending the statute of limitations for civil cases for any claim for
   injury  suffered  from  a  sexually related offense against a child to
   fifty years; to amend the civil practice law and rules, in relation to
   reviving any time-barred claim for injury  suffered  from  a  sexually
   related  offense  committed  against a child for a period of one year;
   and to amend the civil practice law and rules, in relation  to  giving
   trial  preference  to  certain  child  sexual abuse cases (Part P); to
   amend the alcoholic beverage control law, in relation to hotel  tavern
   licenses  (Part  Q);  to  amend the alcoholic beverage control law, in
   relation to the production and sale of mead;  and  to  repeal  certain
   provisions  of  such law relating thereto (Part R); to amend the alco-
   holic beverage control law, in  relation  to  creating  a  license  to
   export  New York alcoholic beverages (Part S); to amend chapter 303 of
   the laws of 1988 relating to the extension of the state commission  on
   the  restoration  of  the  capitol,  in  relation  to  extending  such
   provisions for an additional five years (Part T); to amend the  public
   lands  law,  in relation to the transfer of unappropriated state lands
   (Part U); to amend the state finance law, in relation to  establishing
   the  parking  services  fund,  the  solid  waste fund, and the special
   events fund (Part V); to amend the civil service law, in  relation  to
   term  appointments  in  information  technology; and providing for the

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   repeal of such provisions upon expiration thereof (Part W);  to  amend
   the  state finance law, in relation to establishing the New York state
   secure choice savings  program,  the  New  York  state  secure  choice
   savings  program fund and the New York state secure choice administra-
   tive fund (Part  X);  to  amend  the  workers'  compensation  law,  in
   relation  to  the  investment  of surplus funds of the state insurance
   fund (Part Y); to amend the civil service law, in relation to  capping
   the  standard  medicare  premium  charge  (Part Z); to amend the civil
   service law, in relation to reimbursement for medicare premium charges
   (Part AA); to amend the civil practice law and rules, in  relation  to
   the  rate  of  interest  (Part BB); to amend the state finance law, in
   relation to the citizen empowerment tax credit (Part CC); to amend the
   uniform justice court act, in relation to the election of one or  more
   town justices for two or more adjacent towns (Subpart A); and to amend
   the  general  municipal  law  and the statute of local governments, in
   relation to authorizing counties to regulate, administer, and  enforce
   planning,  zoning, and other land use regulations at the option of and
   in accordance with a request from a city, town,  or  village  (Subpart
   B)(Part  DD); to amend the general municipal law, in relation to coun-
   ty-wide shared services panels (Part EE); to amend the public authori-
   ties law, in relation to the town of Islip  resource  recovery  agency
   (Part  FF);  to  provide  for  the administration of certain funds and
   accounts  related  to  the  2018-19  budget  and  authorizing  certain
   payments and transfers; to amend the state finance law, in relation to
   the  school  tax  relief  fund, the debt reduction reserve fund and to
   payments, transfers and deposits; to amend the state finance  law,  in
   relation to reductions to enacted appropriations; to amend chapter 174
   of  the laws of 1968 constituting the New York state urban development
   corporation act, in relation to funding project  costs  undertaken  by
   non-public  schools;  to  amend  the  New York state urban development
   corporation act, in relation to  funding  project  costs  for  certain
   capital  projects;  to amend chapter 389 of the laws of 1997, relating
   to the financing of the correctional facilities improvement  fund  and
   the  youth  facility  improvement fund, in relation to the issuance of
   bonds; to amend the private housing finance law, in relation to  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 by the dormitory authority; to amend
   chapter 61 of the laws of 2005 relating to providing for the  adminis-
   tration 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 and increasing the bonding limit for certain state
   and  municipal  facilities;  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 aggregate amount of bonds to be issued by the New York state urban
   development corporation; to  amend  the  public  authorities  law,  in
   relation  to  financing  of  peace  bridge  and transportation capital

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   projects; to amend the public authorities law, in relation to dormito-
   ries at certain educational institutions  other  than  state  operated
   institutions 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 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
   increasing the bonding limit for certain public protection facilities;
   to  amend  the  state  finance  law and the public authorities law, in
   relation to funding certain  capital  projects  and  the  issuance  of
   bonds;  to  amend chapter 59 of the laws of 2017 relating to providing
   for the administration of certain funds and accounts  related  to  the
   2017-18  budget  and  authorizing  certain  payments and transfers, in
   relation to the effectiveness thereof; 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
   amend the public authorities law, in relation to increasing the amount
   of  bonds authorized to be issued; to amend the facilities development
   corporation act, in relation to authorizing the issuance of  bonds  in
   relation  to  grants made to voluntary agencies; and providing for the
   repeal of certain provisions upon expiration  thereof  (Part  GG);  to
   amend  the  penal law, in relation to prohibiting a sexual orientation
   panic defense (Part HH); to amend the social services law, the  execu-
   tive  law, and the penal law, in relation to prohibiting sex offenders
   from being placed in shelters used by families with children and  from
   entering  within one thousand feet of a kindergarten or pre-kindergar-
   ten facility or institution (Part II); to  amend  the  penal  law,  in
   relationship  to  establishing  incapacity to consent when a person is
   under arrest, in detention, or otherwise in actual custody (Part  JJ);
   to  amend the correction law and the civil service law, in relation to
   employee safety and employee discipline for misconduct; and to  repeal
   certain  provisions  of the correction law relating to the appointment
   of correction and parole officers (Part KK); and to amend  the  public
   authorities law, in relation to authorizing the dormitory authority to
   construct and finance certain juvenile detention facilities (Part LL)
 
   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 2018-2019
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through LL. 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

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   Section  1.  Section  30.30 of the criminal procedure law, as added by
 chapter 184 of the laws of 1972,  paragraph  (a)  of  subdivision  3  as
 amended  by chapter 93 of the laws of 2006, paragraph (a) of subdivision
 4 as amended by chapter 558 of the laws of 1982, paragraph (c) of subdi-
 vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of
 subdivision 4 as added by chapter 837 of the laws of 1986, paragraph (i)
 of  subdivision 4 as added by chapter 446 of the laws of 1993, paragraph
 (j) of subdivision 4 as added by chapter 222 of the laws of 1994,  para-
 graph  (b)  of  subdivision  5  as amended by chapter 109 of the laws of
 1982, paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of
 the laws of 1990, is amended to read as follows:
 § 30.30 Speedy trial; time limitations.
   1. Except as otherwise provided in subdivision [three]  FOUR  OF  THIS
 SECTION,  a  motion made pursuant to paragraph (e) of subdivision one of
 section 170.30 OF THIS CHAPTER or paragraph (g) of  subdivision  one  of
 section  210.20 OF THIS CHAPTER must be granted where the people are not
 ready for trial within:
   (a) six months of the commencement of  a  criminal  action  wherein  a
 defendant is accused of one or more offenses, at least one of which is a
 felony;
   (b)  ninety  days  of  the commencement of a criminal action wherein a
 defendant is accused of one or more offenses, at least one of which is a
 misdemeanor punishable by a sentence of imprisonment of more than  three
 months and none of which is a felony;
   (c)  sixty  days  of the commencement of a criminal action wherein the
 defendant is accused of one or more offenses, at least one of which is a
 misdemeanor punishable by a sentence of imprisonment of  not  more  than
 three  months  and  none of which is a crime punishable by a sentence of
 imprisonment of more than three months;
   (d) thirty days of the commencement of a criminal action  wherein  the
 defendant is accused of one or more offenses, at least one of which is a
 violation and none of which is a crime.
   [2.  Except  as  provided  in subdivision three, where a defendant has
 been committed to the custody of the sheriff in  a  criminal  action  he
 must  be  released  on bail or on his own recognizance, upon such condi-
 tions as may be just and reasonable, if the people  are  not  ready  for
 trial in that criminal action within:
   (a) ninety days from the commencement of his commitment to the custody
 of  the sheriff in a criminal action wherein the defendant is accused of
 one or more offenses, at least one of which is a felony;
   (b) thirty days from the commencement of his commitment to the custody
 of the sheriff in a criminal action wherein the defendant is accused  of
 one  or more offenses, at least one of which is a misdemeanor punishable
 by a sentence of imprisonment of more than  three  months  and  none  of
 which is a felony;
   (c) fifteen days from the commencement of his commitment to the custo-
 dy  of the sheriff in a criminal action wherein the defendant is accused
 of one or more offenses, at least one of which is a misdemeanor punisha-
 ble by a sentence of imprisonment of not more than three months and none
 of which is a crime punishable by a sentence  of  imprisonment  of  more
 than three months;
   (d)  five  days from the commencement of his commitment to the custody
 of the sheriff in a criminal action wherein the defendant is accused  of
 one  or  more offenses, at least one of which is a violation and none of
 which is a crime.]

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   2. THE DEFENDANT, SUBJECT TO THE PROVISIONS OF SUBDIVISIONS THREE  AND
 FOUR  OF  THIS  SECTION,  MAY  WAIVE  HIS OR HER RIGHT TO A SPEEDY TRIAL
 PURSUANT TO THIS SECTION AT ANY TIME PRIOR TO TRIAL.
   2-A.  SUCH WAIVER MUST BE IN WRITING WITH THE CONSENT OF THE DEFENDANT
 PERSONALLY AND SIGNED BY THE DEFENDANT. IF THE DEFENDANT IS  BEING  HELD
 IN  CUSTODY FOR ANY REASON AT THE TIME HE OR SHE MAKES A WAIVER PURSUANT
 TO THIS SECTION, THE WAIVER SHALL BE MADE IN PERSON, IN OPEN  COURT,  IN
 THE  PRESENCE OF THE COURT, AND WITH THE APPROVAL OF THE COURT. IN EVERY
 CASE, SUCH WRITTEN WAIVER MUST MAKE REFERENCE TO A SPECIFIC  MATTER  FOR
 WHICH THE DEFENDANT IS CHARGED.
   2-B.  THE WAIVER PERIOD, EXCEPT FOR EXCEPTIONAL CIRCUMSTANCES APPROVED
 BY THE COURT OR FOR DEFENDANTS ENGAGED IN A JUDICIAL  DIVERSION  PROGRAM
 FOR  CERTAIN FELONY OFFENDERS PURSUANT TO ARTICLE TWO HUNDRED SIXTEEN OF
 THIS CHAPTER, SHALL NOT EXCEED:
   (A) THREE MONTHS WHERE A DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES,
 AT LEAST ONE OF WHICH IS A FELONY;
   (B) FORTY-FIVE DAYS WHERE A  DEFENDANT  IS  ACCUSED  OF  ONE  OR  MORE
 OFFENSES,  AT  LEAST  ONE  OF  WHICH  IS  A  MISDEMEANOR PUNISHABLE BY A
 SENTENCE OF IMPRISONMENT OF MORE THAN THREE MONTHS AND NONE OF WHICH  IS
 A FELONY;
   (C)  THIRTY  DAYS  WHERE  THE  DEFENDANT  IS  ACCUSED  OF  ONE OR MORE
 OFFENSES, AT LEAST ONE  OF  WHICH  IS  A  MISDEMEANOR  PUNISHABLE  BY  A
 SENTENCE OF IMPRISONMENT OF NOT MORE THAN THREE MONTHS AND NONE OF WHICH
 IS  A  CRIME PUNISHABLE BY A SENTENCE OF IMPRISONMENT OF MORE THAN THREE
 MONTHS; OR
   (D) FIFTEEN DAYS WHERE  THE  DEFENDANT  IS  ACCUSED  OF  ONE  OR  MORE
 OFFENSES,  AT  LEAST  ONE OF WHICH IS A VIOLATION AND NONE OF WHICH IS A
 CRIME.
   2-C. ABSENT EXTRAORDINARY CIRCUMSTANCES, NO MORE THAT TWO WAIVERS  MAY
 BE  EXECUTED  PURSUANT  TO  THIS SECTION FOR A SINGLE CASE. IF THE COURT
 FINDS EXTRAORDINARY  CIRCUMSTANCES  WARRANTING  MORE  THAN  TWO  WAIVERS
 PURSUANT  TO  THIS  SECTION,  THE  COURT  MUST STATE UPON THE RECORD THE
 EXTRAORDINARY CIRCUMSTANCES BEFORE GRANTING ADDITIONAL WAIVERS  PURSUANT
 TO THIS SECTION.
   2-D. A WAIVER EXECUTED PURSUANT TO THIS SECTION SHALL NOT PRECLUDE THE
 COURT  FROM  EXCLUDING THE PERIODS DESCRIBED IN SUBDIVISION FOUR OF THIS
 SECTION WHEN COMPUTING THE TIME WITHIN WHICH THE PEOPLE  MUST  BE  READY
 FOR TRIAL.
   3.  WHENEVER PURSUANT TO THIS SECTION A PROSECUTOR STATES OR OTHERWISE
 PROVIDES NOTICE THAT THE PEOPLE ARE READY FOR TRIAL, THE COURT MAY  MAKE
 INQUIRY ON THE RECORD AS TO THEIR ACTUAL READINESS. IF, AFTER CONDUCTING
 ITS  INQUIRY,  THE  COURT  DETERMINES  THAT  THE PEOPLE ARE NOT READY TO
 PROCEED TO TRIAL, THE PROSECUTOR'S  STATEMENT  OR  NOTICE  OF  READINESS
 SHALL NOT BE VALID FOR PURPOSES OF THIS SECTION.
   4. (a) [Subdivisions] SUBDIVISION one [and two do] DOES not apply to a
 criminal  action  wherein the defendant is accused of an offense defined
 in sections 125.10, 125.15, 125.20, 125.25, 125.26  and  125.27  of  the
 penal law.
   (b)  A motion made pursuant to [subdivisions] SUBDIVISION one [or two]
 OF THIS SECTION upon expiration of the specified period  may  be  denied
 where  the  people  are not ready for trial if the people were ready for
 trial prior to the expiration of the specified period and their  present
 unreadiness  is due to some exceptional fact or circumstance, including,
 but not limited to, the sudden unavailability of  evidence  material  to
 the  people's  case,  when the district attorney has exercised due dili-

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 gence to obtain such  evidence  and  there  are  reasonable  grounds  to
 believe that such evidence will become available in a reasonable period.
   [(c) A motion made pursuant to subdivision two shall not:
   (i)  apply  to any defendant who is serving a term of imprisonment for
 another offense;
   (ii) require the release from custody of any  defendant  who  is  also
 being  held  in  custody  pending trial of another criminal charge as to
 which the applicable period has not yet elapsed;
   (iii) prevent the redetention of or otherwise apply to  any  defendant
 who,  after  being  released  from  custody  pursuant to this section or
 otherwise, is charged with another crime or violates the  conditions  on
 which  he has been released, by failing to appear at a judicial proceed-
 ing at which his presence is required or otherwise.]
   (C) ANY MOTION MADE PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  MUST
 BE  FILED AT LEAST TWENTY DAYS BEFORE COMMENCEMENT OF THE TRIAL, BUT FOR
 GOOD CAUSE MAY BE MADE THEREAFTER. THE MOTION PAPERS MUST INCLUDE  SWORN
 ALLEGATIONS  OF  FACT SPECIFYING THE TIME PERIODS THAT SHOULD BE CHARGED
 AGAINST THE PEOPLE AND THE LEGAL BASIS TO CHARGE THOSE TIME  PERIODS  TO
 THE PEOPLE. THE COURT MAY SUMMARILY DENY THE MOTION IF THE MOTION PAPERS
 DO  NOT  CONTAIN  SWORN ALLEGATIONS OF FACT OR THE LEGAL BASIS TO CHARGE
 THOSE TIME PERIODS TO THE PEOPLE. THE COURT MAY RESERVE DECISION ON  ANY
 MOTION MADE PURSUANT TO SUBDIVISION.
   [4.]  5.  In  computing the time within which the people must be ready
 for trial pursuant to subdivisions one and  two  OF  THIS  SECTION,  the
 following periods must be excluded:
   (a)  a  reasonable  period  of  delay resulting from other proceedings
 concerning the defendant, including but not limited to: proceedings  for
 the determination of competency and the period during which defendant is
 incompetent  to  stand  trial;  demand to produce; request for a bill of
 particulars; pre-trial motions; appeals; trial of other charges; and the
 period during which such matters are under consideration by  the  court;
 or
   (b)  the  period  of delay resulting from a continuance granted by the
 court at the request of, or with the consent of, the defendant or his OR
 HER counsel. The court [must] MAY grant such a continuance only if it is
 satisfied that postponement is in the interest of justice,  taking  into
 account  the  public  interest  in  the  prompt dispositions of criminal
 charges. A  defendant  without  counsel  must  not  be  deemed  to  have
 consented  to  a  continuance  unless  he OR SHE has been advised by the
 court of his OR HER rights under these rules and the effect  of  his  OR
 HER  consent,  WHICH  MUST  BE  DONE  ON THE RECORD IN OPEN COURT IF THE
 DEFENDANT IS IN CUSTODY; or
   (c) (i) the period of delay resulting from the absence or unavailabil-
 ity of the defendant. A defendant must be considered absent whenever his
 OR HER location is unknown and he OR SHE is attempting to  avoid  appre-
 hension  or  prosecution, or his OR HER location cannot be determined by
 due diligence. A defendant must be considered unavailable  whenever  his
 OR  HER  location  is  known but his OR HER presence for trial cannot be
 obtained by due diligence; or
   (ii) where the defendant has either escaped from custody or has failed
 to appear when required after having previously been released on bail or
 on his OR HER own recognizance, and provided the  defendant  is  not  in
 custody  on  another matter, the period extending from the day the court
 issues a bench warrant  pursuant  to  section  530.70  OF  THIS  CHAPTER
 because  of the defendant's failure to appear in court when required, to

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 the day the defendant subsequently appears in the court  pursuant  to  a
 bench warrant or voluntarily or otherwise; or
   (d)  a  reasonable  period  of  delay when the defendant is joined for
 trial with a co-defendant as to whom the time for trial pursuant to this
 section has not run and good cause is not shown for  granting  a  sever-
 ance; or
   (e)  the  period of delay resulting from detention of the defendant in
 another jurisdiction provided the district attorney  is  aware  of  such
 detention  and  has  been  diligent  and  has made reasonable efforts to
 obtain the presence of the defendant for trial; or
   (f) the period during which the defendant is without  counsel  through
 no fault of the court; except when the defendant is proceeding as his OR
 HER own attorney with the permission of the court; or
   (g)  other  periods  of delay occasioned by exceptional circumstances,
 including but not limited to, the  period  of  delay  resulting  from  a
 continuance  granted  at  the request of a district attorney if: (i) the
 continuance is granted because of the unavailability of evidence materi-
 al to the people's case, when the district attorney  has  exercised  due
 diligence  to  obtain  such evidence and there are reasonable grounds to
 believe that such evidence will become available in a reasonable period;
 or (ii) the continuance is granted to allow the district attorney  addi-
 tional  time  to prepare the people's case and additional time is justi-
 fied by the exceptional circumstances of the case.  ANY  SUCH  EXCLUSION
 WHEN  A  STATEMENT  OF UNREADINESS HAS FOLLOWED A STATEMENT OF READINESS
 MADE BY THE PEOPLE MUST BE ACCOMPANIED BY SUPPORTING FACTS AND  APPROVED
 BY  THE  COURT.  THE COURT SHALL INQUIRE ON THE RECORD AS TO THE REASONS
 FOR THE PEOPLE'S UNREADINESS; OR
   (h) the period during which an action has been  adjourned  in  contem-
 plation  of  dismissal pursuant to sections 170.55, 170.56 and 215.10 of
 this chapter[.]; OR
   (i) [The] THE period prior to the defendant's  actual  appearance  for
 arraignment  in  a situation in which the defendant has been directed to
 appear by the district attorney pursuant to subdivision three of section
 120.20 or subdivision three of section 210.10[.] OF THIS CHAPTER; OR
   (j) the period during which a family offense is before a family  court
 until  such  time  as  an  accusatory  instrument or indictment is filed
 against the defendant alleging a crime constituting a family offense, as
 such term is defined in section 530.11 of this chapter.
   [5.] 6. For purposes of this section, (a) where the defendant is to be
 tried following the withdrawal of the plea of guilty or is to be retried
 following a mistrial, an order for a new trial or an appeal  or  collat-
 eral  attack,  the  criminal action and the commitment to the custody of
 the sheriff, if any, must be deemed to have commenced on  the  date  the
 withdrawal  of  the  plea  of guilty or the date the order occasioning a
 retrial becomes final;
   (b) where a defendant has been served with an appearance  ticket,  the
 criminal action must be deemed to have commenced on the date the defend-
 ant first appears in a local criminal court in response to the ticket;
   (c)  where  a  criminal  action is commenced by the filing of a felony
 complaint, and thereafter, in the course of  the  same  criminal  action
 either the felony complaint is replaced with or converted to an informa-
 tion,  prosecutor's  information  or  misdemeanor  complaint pursuant to
 article 180 or a prosecutor's information is filed pursuant  to  section
 190.70,  the  period applicable for the purposes of subdivision one must
 be the period applicable to the charges in the  new  accusatory  instru-
 ment,  calculated  from  the  date  of the filing of such new accusatory

 S. 7505--A                          9                         A. 9505--A
 
 instrument; provided, however, that when the aggregate  of  such  period
 and  the  period  of time, excluding the periods provided in subdivision
 four, already elapsed  from  the  date  of  the  filing  of  the  felony
 complaint  to  the  date  of the filing of the new accusatory instrument
 exceeds six months, the period applicable to the charges in  the  felony
 complaint  must  remain applicable and continue as if the new accusatory
 instrument had not been filed;
   (d) where a criminal action is commenced by the  filing  of  a  felony
 complaint,  and  thereafter,  in  the course of the same criminal action
 either the felony complaint is replaced with or converted to an informa-
 tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
 article  180  or a prosecutor's information is filed pursuant to section
 190.70, the period applicable for the purposes of subdivision  two  must
 be  the  period  applicable to the charges in the new accusatory instru-
 ment, calculated from the date of the  filing  of  such  new  accusatory
 instrument;  provided,  however,  that when the aggregate of such period
 and the period of time, excluding the periods  provided  in  subdivision
 four,  already  elapsed  from  the  date  of  the  filing  of the felony
 complaint to the date of the filing of  the  new  accusatory  instrument
 exceeds  ninety days, the period applicable to the charges in the felony
 complaint must remain applicable and continue as if the  new  accusatory
 instrument had not been filed.
   (e)  where a count of an indictment is reduced to charge only a misde-
 meanor or petty offense and  a  reduced  indictment  or  a  prosecutor's
 information  is  filed pursuant to subdivisions one-a and six of section
 210.20, the period applicable for the purposes  of  subdivision  one  of
 this  section  must  be  the period applicable to the charges in the new
 accusatory instrument, calculated from the date of the  filing  of  such
 new accusatory instrument; provided, however, that when the aggregate of
 such  period  and  the period of time, excluding the periods provided in
 subdivision four of this section, already elapsed from the date  of  the
 filing of the indictment to the date of the filing of the new accusatory
 instrument  exceeds  six months, the period applicable to the charges in
 the indictment must remain applicable and continue as if the new accusa-
 tory instrument had not been filed;
   (f) where a count of an indictment is reduced to charge only a  misde-
 meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
 information is filed pursuant to subdivisions one-a and six  of  section
 210.20,  the  period  applicable  for the purposes of subdivision two of
 this section must be the period applicable to the  charges  in  the  new
 accusatory  instrument,  calculated  from the date of the filing of such
 new accusatory instrument; provided, however, that when the aggregate of
 such period and the period of time, excluding the  periods  provided  in
 subdivision  four  of this section, already elapsed from the date of the
 filing of the indictment to the date of the filing of the new accusatory
 instrument exceeds ninety days, the period applicable to the charges  in
 the indictment must remain applicable and continue as if the new accusa-
 tory instrument had not been filed.
   [6.]  7.  The  procedural rules prescribed in subdivisions one through
 seven of section 210.45 OF THIS CHAPTER with  respect  to  a  motion  to
 dismiss  an  indictment are also applicable to a motion made pursuant to
 subdivision two OF THIS SECTION.
   § 2. Subdivision 6 of section 180.85 of the criminal procedure law, as
 added by chapter 518 of the laws of 2004, is amended to read as follows:
   6. The period from the filing of a motion  pursuant  to  this  section
 until entry of an order disposing of such motion shall not, by reason of

 S. 7505--A                         10                         A. 9505--A

 such motion, be considered a period of delay for purposes of subdivision
 [four]  FIVE of section 30.30 OF THIS CHAPTER, nor shall such period, by
 reason of such motion, be excluded in computing the  time  within  which
 the people must be ready for trial pursuant to such section 30.30.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART B
 
   Section  1.  Subdivision  2  of  section  212  of the judiciary law is
 amended by adding a new paragraph (w) to read as follows:
   (W) (I) ENSURE THAT EACH STATE-PAID JUDGE OR  JUSTICE  ASSIGNED  TO  A
 TRIAL  COURT  OF  THE  UNIFIED  COURT SYSTEM SHALL CERTIFY MONTHLY, IN A
 STATEMENT ATTESTING TO THE TRUTH OF THE  FACTS  THEREIN,  THAT  ON  EACH
 WORKDAY  OF  THE PRECEDING MONTH, HE OR SHE PERFORMED JUDICIAL DUTIES AT
 AN ASSIGNED COURT LOCATION FOR THE FULL DAILY PERIOD OF AT  LEAST  EIGHT
 HOURS  ESTABLISHED  BY  THE  CHIEF  ADMINISTRATOR FOR THE DISPOSITION OF
 COURT BUSINESS, OR PERFORMED AUTHORIZED DUTIES IN AN  AUTHORIZED  COURT-
 RELATED ACTIVITY AT AN ASSIGNED LOCATION, OR WAS ON AUTHORIZED LEAVE.
   (II)  THE  COMPTROLLER  SHALL  CONDUCT  A PERIODIC REVIEW AND AUDIT OF
 SUBMITTED JUDICIAL CERTIFICATIONS IN ORDER TO ENSURE THAT THE  STATE  IS
 RESPONSIBLY  AUTHORIZING  STATE  DOLLARS  FOR  JUDICIAL SALARIES AND THE
 OPERATION OF STATE TRIAL COURTS.  THE  COMPTROLLER'S  REVIEW  AND  AUDIT
 SHALL  EVALUATE  THE  ACCURACY  OF  THE  JUDICIAL CERTIFICATIONS AND THE
 EFFECTIVENESS OF THE CERTIFICATION SYSTEM AS A WHOLE.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Legislative findings. The legislature  finds  and  declares
 that  there is a present need to revise New York's procedures regulating
 release of persons charged with criminal  offenses  pending  trial,  set
 forth  in title P of the criminal procedure law, so that fewer presumed-
 innocent people are held behind bars pretrial. The bill breaks the  link
 between paying money and earning freedom in cases involving misdemeanors
 and  non-violent  felonies,  so  that  defendants are either released on
 their own recognizance or, failing  that,  released  under  non-monetary
 conditions.  The  bill  also  revises  the existing process of remanding
 individuals in jail before trial, so that pretrial detention is used  in
 limited  cases  involving  high  risk of flight or a current risk to the
 physical safety of a reasonably  identifiable  person  or  persons,  and
 comports with Supreme Court jurisprudence regarding required substantive
 and procedural due process before detention.
   §  2.  Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of the
 criminal procedure law are amended and a new subdivision 3-a is added to
 read as follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control

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 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 whenever  [his]  THE  PRINCIPAL'S attendance may be required and will at
 all times render [himself] THE PRINCIPAL  amenable  to  the  orders  and
 processes of the court.
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS". A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON,  IT  PERMITS  THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
 THE CRIMINAL ACTION UNDER CONDITIONS SET BY THE COURT,  WHICH  SHALL  BE
 THE  LEAST  RESTRICTIVE  THAT  WILL  REASONABLY  ASSURE  THE PRINCIPAL'S
 APPEARANCE IN COURT. SUCH CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT THE
 PRINCIPAL SHALL BE IN CONTACT WITH A PRETRIAL  SERVICES  AGENCY  SERVING
 PRINCIPALS  IN  THAT COUNTY; THAT THE PRINCIPAL SHALL ABIDE BY SPECIFIED
 RESTRICTIONS ON ASSOCIATION OR TRAVEL; THAT THE PRINCIPAL SHALL  REFRAIN
 FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS WEAPON;
 THAT  THE  PERSON  BE  PLACED  IN  PRETRIAL  SUPERVISION WITH A PRETRIAL
 SERVICES AGENCY SERVING PRINCIPALS IN THAT COUNTY; THAT  THE  PERSON  BE
 MONITORED WITH AN APPROVED ELECTRONIC MONITORING DEVICE.
   4. "Commit to the custody of the sheriff." A court commits a principal
 to  the  custody  of  the sheriff when, having acquired control over his
 person, it orders that he be confined in  the  custody  of  the  sheriff
 [during  the  pendency  of  the  criminal action or proceeding involved]
 PENDING PAYMENT OF BAIL THAT IS FIXED, OR PENDING THE OUTCOME OF A HEAR-
 ING AS  TO  WHETHER  THE  INDIVIDUAL  SHALL  BE  ORDERED  INTO  PRETRIAL
 DETENTION.
   5.  "Securing order" means an order of a court [committing a principal
 to the custody of the sheriff, or fixing bail, or releasing him  on  his
 own recognizance] THAT EITHER RELEASES A PRINCIPAL UNDER PERSONAL RECOG-
 NIZANCE,  RELEASES THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR FIXES
 BAIL, ALL WITH THE DIRECTION THAT THE  PRINCIPAL  RETURN  TO  COURT  FOR
 FUTURE  COURT APPEARANCES AND TO BE AT ALL TIMES AMENDABLE TO THE ORDERS
 AND PROCESSES OF THE COURT.
   6. ["Order of recognizance or bail" means a securing order releasing a
 principal on his own recognizance or fixing bail] "PRETRIAL  DETENTION".
 A COURT MAY COMMIT A PRINCIPAL TO PRETRIAL DETENTION IF, AFTER A HEARING
 AND MAKING SUCH FINDINGS AS SPECIFIED IN ARTICLE FIVE HUNDRED FORTY-FIVE
 OF THIS TITLE, A JUDGE SO ORDERS DETENTION.
   7.  ["Application  for recognizance or bail" means an application by a
 principal that the court, instead of committing him to or retaining  him
 in  the  custody  of the sheriff, either release him on his own recogni-
 zance or fix bail.
   8.] "Post bail" means to deposit bail in the amount and form fixed  by
 the  court,  with the court or with some other authorized public servant
 or agency.
   [9.] 8. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH  A
 CREDIT CARD.
   § 3. Section 510.10 of the criminal procedure law, as amended by chap-
 ter 459 of the laws of 1984, is amended to read as follows:
 § 510.10 Securing order; when required; ALTERNATIVES AVAILABLE; STANDARD
            TO BE APPLIED.
   When  a  principal, whose future court attendance at a criminal action
 or proceeding is or may be required, initially comes under  the  control
 of  a  court,  such  court  [must]  SHALL,  by a securing order[, either
 release him on his own recognizance, fix  bail  or  commit  him  to  the
 custody of the sheriff.]:

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   1.  IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN THE
 CASE BEFORE THE COURT OR A PENDING CASE IS A  MISDEMEANOR  OR  A  FELONY
 OTHER  THAN THAT ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A CLASS
 A FELONY OFFENSE DEFINED IN THE PENAL LAW, RELEASE THE PRINCIPAL PENDING
 TRIAL  ON  THE PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS
 ON THE RECORD THAT RELEASE ON RECOGNIZANCE WILL  NOT  REASONABLY  ASSURE
 THE  INDIVIDUAL'S  COURT  ATTENDANCE.  IN SUCH INSTANCES, THE COURT WILL
 RELEASE THE INDIVIDUAL  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE
 LEAST  RESTRICTIVE  ALTERNATIVE  THAT WILL REASONABLY ASSURE THE PRINCI-
 PAL'S COURT ATTENDANCE.  THE COURT WILL SUPPORT ITS CHOICE  OF  ALTERNA-
 TIVE  ON  THE  RECORD.  A PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR ANY
 PART OF THE COST OF RELEASE UNDER NON-MONETARY CONDITIONS, EXCEPT THAT A
 PRINCIPAL MAY BE REQUIRED TO PAY FOR ALL OR A PORTION  OF  THE  COST  OF
 ELECTRONIC  MONITORING  UNLESS  THE PRINCIPAL IS INDIGENT AND CANNOT PAY
 ALL OR A PORTION OF THE COST OF SUCH MONITORING;
   2. IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE
 CASE  BEFORE  THE  COURT  OR  A  PENDING  CASE IS A FELONY ENUMERATED IN
 SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY  OFFENSE  DEFINED  IN
 THE  PENAL  LAW,  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S
 PERSONAL RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER  NON-MONETARY
 CONDITIONS,  OR  FIX  BAIL,  SELECTING THE LEAST RESTRICTIVE ALTERNATIVE
 THAT WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE  WHEN
 REQUIRED.  THE  COURT  WILL  SUPPORT  ITS  CHOICE  OF ALTERNATIVE ON THE
 RECORD.
   3. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PROSECUTOR  INDICATES
 THAT  IT  INTENDS  TO  MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE
 FIVE HUNDRED FORTY-FIVE OF  THIS  TITLE,  THE  COURT  SHALL  COMMIT  THE
 DEFENDANT TO THE CUSTODY OF THE SHERIFF.
   4.  When  a  securing  order is revoked or otherwise terminated in the
 course of an uncompleted action or proceeding but the principal's future
 court attendance still is or may be required and [he] THE  PRINCIPAL  is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a securing order which
 committed the principal to the custody of the sheriff, the  court  shall
 give  written  notification  to the sheriff of such revocation or termi-
 nation of the securing order.
   § 4. Section 510.20 of the criminal procedure law is amended  to  read
 as follows:
 § 510.20 [Application for recognizance or bail; making and determination
              thereof  in  general]  APPLICATION FOR A CHANGE IN SECURING
              ORDER BASED ON A MATERIAL CHANGE OF CIRCUMSTANCES.
   1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
 securing order with respect to a principal, [or at any time when a prin-
 cipal is confined in the custody of the sheriff as a result of a  previ-
 ously issued securing order, he] THE DEFENDANT OR THE PEOPLE may make an
 application for [recognizance or bail] A DIFFERENT SECURING ORDER DUE TO
 A MATERIAL CHANGE OF CIRCUMSTANCES:
   (A)  IN CASES FOR WHICH THE MOST SERIOUS CHARGE BEFORE THE COURT OR IN
 A PENDING CASE IS A MISDEMEANOR OR FELONY OTHER THAN THAT ENUMERATED  IN
 SECTION  70.02  OF  THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
 THE PENAL LAW FOR A DIFFERENT NON-MONETARY SECURING ORDER; OR
   (B) IN CASES FOR WHICH THE MOST SERIOUS CHARGE IS A FELONY  ENUMERATED
 IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
 THE PENAL LAW FOR A DIFFERENT SECURING ORDER.
   2.    Upon  such  application,  the  principal  OR  THE PEOPLE must be
 accorded an opportunity to be heard and to contend  that  [an  order  of

 S. 7505--A                         13                         A. 9505--A

 recognizance  or bail] A DIFFERENT SECURING ORDER must or should issue[,
 that the court should release him on his own  recognizance  rather  than
 fix  bail,  and that if bail is fixed it should be in a suggested amount
 and  form]  BECAUSE,  DUE  TO  A  MATERIAL  CHANGE IN CIRCUMSTANCES, THE
 CURRENT ORDER IS EITHER TOO RESTRICTIVE OR  NOT  RESTRICTIVE  ENOUGH  TO
 REASONABLY ENSURE A DEFENDANT'S APPEARANCE IN COURT.
   §  5.  The  criminal  procedure law is amended by adding a new section
 510.25 to read as follows:
 § 510.25 REHEARING ON BAIL AFTER FIVE DAYS  IN  CUSTODY  AFTER  BAIL  IS
            FIXED.
   IN ADDITION TO ANY OTHER AVAILABLE MOTION OR PROCEDURE AVAILABLE UNDER
 THIS  PART,  A  PRINCIPAL  FOR  WHOM  BAIL WAS FIXED AND WHO IS STILL IN
 CUSTODY FIVE DAYS AFTER BAIL WAS FIXED SHALL BE BROUGHT BEFORE THE COURT
 THE NEXT BUSINESS DAY FOR A REHEARING ON THE SECURING ORDER.  THE  COURT
 SHALL  EXAMINE  THE  PRINCIPAL'S FINANCIAL CIRCUMSTANCES AND ORDER A NEW
 SECURING ORDER.  IF THE COURT CHOOSES TO FIX BAIL, IT SHALL DO SO AT  AN
 AMOUNT  THAT  WILL  BOTH REASONABLY ASSURE THE DEFENDANT'S APPEARANCE IN
 COURT AND THAT THE DEFENDANT IS REASONABLY ABLE TO PAY.
   § 6. Section 510.30 of the criminal procedure law, subparagraph (v) of
 paragraph (a) of subdivision 2 as amended by chapter 920 of the laws  of
 1982,  subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered
 by chapter 447 of the laws of 1977, subparagraph (vii) of paragraph  (a)
 of subdivision 2 as added and subparagraphs (viii) and (ix) of paragraph
 (a) of subdivision 2 as renumbered by section 1 of part D of chapter 491
 of  the  laws  of 2012, and subdivision 3 as added by chapter 788 of the
 laws of 1981, is amended to read as follows:
 § 510.30 Application for [recognizance or bail] SECURING ORDER; rules of
              law and criteria controlling determination.
   [1. Determinations of applications for recognizance or bail are not in
 all cases discretionary but are subject to rules, prescribed in  article
 five  hundred  thirty  and  other provisions of law relating to specific
 kinds of criminal actions and proceedings, providing (a)  that  in  some
 circumstances  such  an  application must as a matter of law be granted,
 (b) that in others it must as a matter of law be denied and the  princi-
 pal committed to or retained in the custody of the sheriff, and (c) that
 in  others  the  granting  or  denial  thereof  is  a matter of judicial
 discretion.
   2. To the extent that the issuance of an order of recognizance or bail
 and the terms thereof are matters of discretion rather than of  law,  an
 application  is  determined  on  the  basis of the following factors and
 criteria:
   (a)] With respect to any principal,  the  court  must  [consider  the]
 IMPOSE  THE  LEAST RESTRICTIVE kind and degree of control or restriction
 that is necessary to secure [his] THE PRINCIPAL'S court attendance  when
 required.  In  determining  that matter, the court must, on the basis of
 available information, consider and take into account:
   [(i) The principal's character, reputation, habits and  mental  condi-
 tion;
   (ii) His employment and financial resources; and
   (iii)  His  family  ties and the length of his residence if any in the
 community; and
   (iv) His] 1. INFORMATION ABOUT THE PRINCIPAL THAT IS RELEVANT TO COURT
 APPEARANCE, INCLUDING, BUT NOT LIMITED TO, THE  PRINCIPAL'S  ACTIVITIES,
 HISTORY AND COMMUNITY TIES;
   2. IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
   3. THE PRINCIPAL'S criminal record if any; [and

 S. 7505--A                         14                         A. 9505--A

   (v)]  4. His record of previous adjudication as a juvenile delinquent,
 as retained pursuant to section 354.2 of the family court  act,  or,  of
 pending  cases where fingerprints are retained pursuant to section 306.1
 of such act, or a youthful offender, if any; [and
   (vi)  His]  5. THE PRINCIPAL'S previous record if any in responding to
 court appearances when required or with respect to flight to avoid crim-
 inal prosecution; [and
   (vii)] 6. IF MONETARY BAIL IS PERMITTED, ACCORDING TO THE RESTRICTIONS
 SET FORTH IN SECTION 510.10 OF THIS  TITLE,  THE  PRINCIPAL'S  FINANCIAL
 CIRCUMSTANCES;
   7.  Where  the  principal  is charged with a crime or crimes against a
 member or members of the same  family  or  household  as  that  term  is
 defined  in subdivision one of section 530.11 of this title, the follow-
 ing factors:
   [(A)] (I) any violation by the principal of  an  order  of  protection
 issued  by  any  court  for the protection of a member or members of the
 same family or household as that term is defined in subdivision  one  of
 section 530.11 of this title, whether or not such order of protection is
 currently in effect; and
   [(B)]  (II) the principal's history of use or possession of a firearm;
 [and
   (viii)] 8. If [he] THE PRINCIPAL is a defendant,  the  weight  of  the
 evidence  against [him] THE PRINCIPAL in the pending criminal action and
 any other factor indicating probability or improbability of  conviction;
 or,  in  the  case of an application for [bail or recognizance] SECURING
 ORDER pending appeal, the merit or lack of merit of the appeal; and
   [(ix)] 9. If [he] THE PRINCIPAL is a defendant, the sentence which may
 be or has been imposed upon conviction[.
   (b) Where the principal is a defendant-appellant in a  pending  appeal
 from  a judgment of conviction, the court must also consider the likeli-
 hood of ultimate reversal of the  judgment.  A  determination  that  the
 appeal  is palpably without merit alone justifies, but does not require,
 a denial of the application, regardless of any determination  made  with
 respect to the factors specified in paragraph (a).
   3.  When  bail  or recognizance is ordered, the court shall inform the
 principal, if he is a defendant charged with the commission of a felony,
 that the release is conditional and that the court may revoke the  order
 of  release  and  commit  the principal to the custody of the sheriff in
 accordance with the provisions of subdivision two of section  530.60  of
 this  chapter  if  he  commits a subsequent felony while at liberty upon
 such order.]; AND
   10. IF THE PRINCIPAL IS A DEFENDANT-APPELLANT IN A PENDING APPEAL FROM
 A JUDGMENT OF CONVICTION, THE COURT MUST ALSO CONSIDER THE LIKELIHOOD OF
 ULTIMATE REVERSAL OF THE JUDGMENT. A DETERMINATION THAT  THE  APPEAL  IS
 PALPABLY  WITHOUT  MERIT ALONE JUSTIFIES, BUT DOES NOT REQUIRE, A DENIAL
 OF THE APPLICATION, REGARDLESS OF ANY DETERMINATION MADE WITH RESPECT TO
 THE FACTORS SPECIFIED IN THIS PARAGRAPH.
   § 7. Section 510.40 of the criminal procedure law is amended  to  read
 as follows:
 §  510.40  [Application for recognizance or bail; determination thereof,
              form of securing order and execution thereof]  NOTIFICATION
              TO  PRINCIPAL  BY COURT OF CONDITIONS OF RELEASE AND PENAL-
              TIES FOR VIOLATIONS OF RELEASE.
   1.  [An application for recognizance or bail must be determined  by  a
 securing order which either:

 S. 7505--A                         15                         A. 9505--A

   (a)    Grants  the  application  and releases the principal on his own
 recognizance; or
   (b)  Grants the application and fixes bail; or
   (c)    Denies the application and commits the principal to, or retains
 him in, the custody of the sheriff.
   2.] Upon ordering that a principal be released on  [his]  THE  PRINCI-
 PAL'S  own  recognizance, OR RELEASED UNDER NON-MONETARY CONDITIONS, OR,
 IF BAIL HAS BEEN FIXED, UPON THE POSTING OF BAIL AND SUCCESSFUL EXAMINA-
 TION THAT THE BAIL COMPLIES WITH THE ORDER the court must  direct  [him]
 THE  PRINCIPAL  to  appear in the criminal action or proceeding involved
 whenever [his] THE PRINCIPAL'S attendance may be required and to [render
 himself] BE at all times amenable to the orders  and  processes  of  the
 court.  IF THE PRINCIPAL IS A DEFENDANT, THE COURT SHALL ALSO DIRECT THE
 DEFENDANT NOT TO COMMIT A CRIME WHILE AT LIBERTY UPON THE COURT'S SECUR-
 ING ORDER. If such principal is in the custody  of  the  sheriff  or  at
 liberty  upon  bail at the time of the order, the court must direct that
 [he] THE PRINCIPAL be discharged from such custody [or, as the case  may
 be, that his bail be exonerated].
   [3.  Upon  the  issuance of an order fixing bail, and upon the posting
 thereof, the court  must  examine  the  bail  to  determine  whether  it
 complies  with the order.  If it does, the court must, in the absence of
 some factor or circumstance which in law requires or  authorizes  disap-
 proval  thereof,  approve  the  bail  and  must  issue  a certificate of
 release, authorizing the principal to be at liberty, and, if  he  is  in
 the  custody  of  the  sheriff  at  the  time,  directing the sheriff to
 discharge him therefrom.  If the bail fixed is not  posted,  or  is  not
 approved  after being posted, the court must order that the principal be
 committed to the custody of the sheriff.]
   2. IF THE PRINCIPAL IS RELEASED  UNDER  NON-MONETARY  CONDITIONS,  THE
 COURT SHALL, IN THE DOCUMENT AUTHORIZING THE PRINCIPAL'S RELEASE, NOTIFY
 THE PRINCIPAL OF:
   (A)  ANY  OF  THE  CONDITIONS UNDER WHICH THE PRINCIPAL IS SUBJECT, IN
 ADDITION TO THE DIRECTIONS IN SUBDIVISION ONE  OF  THIS  SECTION,  IN  A
 MANNER SUFFICIENTLY CLEAR AND SPECIFIC TO SERVE AS A GUIDE FOR THE PRIN-
 CIPAL'S CONDUCT; AND
   (B)  THE  CONSEQUENCES  FOR VIOLATION OF THOSE CONDITIONS, WHICH COULD
 INCLUDE REVOKING OF THE SECURING ORDER, SETTING OF  A  MORE  RESTRICTIVE
 SECURING ORDER, OR, AFTER THE HEARING PRESCRIBED IN ARTICLE FIVE HUNDRED
 FORTY-FIVE OF THIS TITLE, PRETRIAL DETENTION.
   §  8.  The  criminal  procedure law is amended by adding a new section
 510.45 to read as follows:
 § 510.45 PRETRIAL SERVICE AGENCIES.
   THE OFFICE OF COURT ADMINISTRATION SHALL CERTIFY A  PRETRIAL  SERVICES
 AGENCY  OR  AGENCIES IN EACH COUNTY TO MONITOR PRINCIPALS RELEASED UNDER
 CONDITIONS OF NON-MONETARY RELEASE.
   § 9. Section 510.50 of the criminal procedure law is amended  to  read
 as follows:
 § 510.50 Enforcement of securing order.
   When  the  attendance  of  a  principal confined in the custody of the
 sheriff is required at the criminal action or proceeding at a particular
 time and place, the court may compel such attendance  by  directing  the
 sheriff  to produce him OR HER at such time and place.  If the principal
 is at liberty on [his] THE PRINCIPAL'S own recognizance OR  NON-MONETARY
 CONDITIONS or on bail, [his] THE PRINCIPAL'S  attendance may be achieved
 or compelled by various methods, including notification and the issuance
 of  a  bench  warrant,  prescribed  by  law in provisions governing such

 S. 7505--A                         16                         A. 9505--A
 
 matters with respect to the particular  kind  of  action  or  proceeding
 involved.
   § 10. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by chapter 784 of the laws of 1972, is amended
 to read as follows:
   (b) The court [may] SHALL direct that the bail be posted in any one of
 [two]  THREE  or  more of the forms specified in subdivision one, desig-
 nated in the alternative, and may designate  different  amounts  varying
 with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE EITHER AN UNSE-
 CURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE COURT.
   § 11. The article heading of article 530 of the criminal procedure law
 is amended to read as follows:
                   [ORDERS OF RECOGNIZANCE OR BAIL WITH
                 RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
                     AND PROCEEDINGS--WHEN AND BY WHAT
                  COURTS AUTHORIZED] SECURING ORDERS WITH
               RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND
             PROCEEDINGS - WHEN AND BY WHAT COURTS AUTHORIZED
   §  12. Section 530.10 of the criminal procedure law is amended to read
 as follows:
 § 530.10 Order of recognizance or bail; in general.
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a  defendant  charged  with  or  convicted  of  an  offense,  is
 [required or authorized to order bail or recognizance] TO ISSUE A SECUR-
 ING  ORDER  for  the  release  or  prospective release of such defendant
 during the pendency of either:
   1.  A criminal action based upon such charge; or
   2.  An appeal taken by the defendant from a judgment of conviction  or
 a sentence or from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.
   §  13.  Subdivision 4 of section 530.11 of the criminal procedure law,
 as added by chapter 186 of the laws of  1997,  is  amended  to  read  as
 follows:
   4.  When  a  person  is  arrested  for an alleged family offense or an
 alleged violation of an  order  of  protection  or  temporary  order  of
 protection  or  arrested  pursuant to a warrant issued by the supreme or
 family court, and the supreme or family court, as applicable, is not  in
 session,  such  person shall be brought before a local criminal court in
 the county of arrest or in the county in which such warrant  is  return-
 able  pursuant to article one hundred twenty of this chapter. Such local
 criminal court may issue any order authorized under  subdivision  eleven
 of  section  530.12 of this article, section one hundred fifty-four-d or
 one hundred fifty-five of the family court act or subdivision three-b of
 section two hundred forty or subdivision two-a of  section  two  hundred
 fifty-two  of  the  domestic  relations  law, in addition to discharging
 other arraignment responsibilities as set  forth  in  this  chapter.  In
 making  such  order,  the  local criminal court shall consider the [bail
 recommendation] SECURING ORDER, if any, made by the  supreme  or  family
 court  as indicated on the warrant or certificate of warrant. Unless the
 petitioner or complainant requests otherwise, the court, in addition  to
 scheduling  further criminal proceedings, if any, regarding such alleged
 family offense or violation allegation, shall make such  matter  return-
 able in the supreme or family court, as applicable, on the next day such
 court is in session.

 S. 7505--A                         17                         A. 9505--A
 
   § 14. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
 procedure  law,  as added by chapter 388 of the laws of 1984, is amended
 to read as follows:
   (a)  revoke  [an  order  of recognizance or bail] A SECURING ORDER and
 commit the defendant to custody; or
   § 15. The opening paragraph of subdivision 1 of section 530.13 of  the
 criminal  procedure  law, as amended by chapter 137 of the laws of 2007,
 is amended to read as follows:
   When any criminal action is pending, and the court has  not  issued  a
 temporary  order  of protection pursuant to section 530.12 of this arti-
 cle, the court, in addition to the other powers  conferred  upon  it  by
 this  chapter,  may  for  good  cause  shown  issue a temporary order of
 protection in  conjunction  with  any  securing  order  [committing  the
 defendant to the custody of the sheriff or as a condition of a pre-trial
 release,  or  as  a  condition  of  release on bail or an adjournment in
 contemplation of dismissal]. In addition to any other  conditions,  such
 an order may require that the defendant:
   §  16.  Subdivisions 9 and 11 of section 530.12 of the criminal proce-
 dure law, subdivision 9 as amended by section 81 of subpart B of part  C
 of  chapter 62 of the laws of 2011, subdivision 11 as amended by chapter
 498 of the laws of 1993, the opening  paragraph  of  subdivision  11  as
 amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
 11  as  amended  by  chapter  222  of the laws of 1994, paragraph (d) of
 subdivision 11 as amended by chapter  644  of  the  laws  of  1996,  are
 amended to read as follows:
   9.  If  no  warrant,  order  or temporary order of protection has been
 issued by the court, and an act  alleged  to  be  a  family  offense  as
 defined  in section 530.11 of this [chapter] ARTICLE is the basis of the
 arrest, the magistrate shall permit the complainant to file a  petition,
 information  or  accusatory  instrument  and for reasonable cause shown,
 shall thereupon hold such respondent or defendant,  [admit  to,  fix  or
 accept  bail,] ESTABLISH A SECURING ORDER or parole him or her for hear-
 ing before the  family  court  or  appropriate  criminal  court  as  the
 complainant  shall  choose  in accordance with the provisions of section
 530.11 of this [chapter] ARTICLE.
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by a court of competent jurisdiction in another  state,  territorial  or
 tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a) revoke [an order of recognizance or revoke an  order  of  bail  or
 order forfeiture of such bail] A SECURING ORDER and commit the defendant
 to custody; or
   (b)  restore  the case to the calendar when there has been an adjourn-
 ment in contemplation of dismissal and commit the defendant to  custody;
 or
   (c)  revoke  a conditional discharge in accordance with section 410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment in accordance with the penal  law  based  on  the  original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and  impose  a sentence of imprisonment in accordance with the penal law
 based on the original conviction. In addition, if the act which  consti-
 tutes  the  violation  of  the order of protection or temporary order of

 S. 7505--A                         18                         A. 9505--A
 
 protection is a crime or a violation the defendant may be  charged  with
 and tried for that crime or violation.
   §  17.  Section  530.20  of  the criminal procedure law, as amended by
 chapter 531 of the laws of 1975, subparagraph (ii) of paragraph  (b)  of
 subdivision  2 as amended by chapter 218 of the laws of 1979, is amended
 to read as follows:
 § 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
              nal court when action is pending therein.
   When a criminal action is pending in  a  local  criminal  court,  such
 court,  upon application of a defendant, must [or may order recognizance
 or bail] ISSUE A SECURING ORDER as follows:
   1. [When the defendant is charged, by information, simplified informa-
 tion, prosecutor's information or misdemeanor complaint, with an offense
 or offenses of less than felony grade only, the court must order  recog-
 nizance  or  bail.]  IN  CASES  WHERE THE MOST SERIOUS CHARGE FACING THE
 DEFENDANT IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A  MISDEMEA-
 NOR OR A FELONY OTHER THAN THAT ENUMERATED IN SECTION 70.02 OF THE PENAL
 LAW  OR  A  CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, RELEASE THE
 PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS
 THE COURT FINDS ON THE RECORD THAT  RELEASE  ON  RECOGNIZANCE  WILL  NOT
 REASONABLY  ASSURE THE INDIVIDUAL'S COURT ATTENDANCE. IN SUCH INSTANCES,
 THE COURT WILL RELEASE THE  INDIVIDUAL  UNDER  NON-MONETARY  CONDITIONS,
 SELECTING  THE LEAST RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ASSURE
 THE PRINCIPAL'S COURT ATTENDANCE. THE COURT WILL SUPPORT ITS  CHOICE  OF
 ALTERNATIVE  ON  THE RECORD.  THE PRINCIPAL SHALL NOT BE REQUIRED TO PAY
 FOR ANY PART OF THE  COST  OF  RELEASE  UNDER  NON-MONETARY  CONDITIONS,
 EXCEPT  THAT  A PRINCIPAL MAY BE REQUIRED TO PAY FOR ALL OR A PORTION OF
 THE COST OF ELECTRONIC MONITORING UNLESS THE PRINCIPAL IS  INDIGENT  AND
 CANNOT PAY ALL OR A PORTION OF THE COST OF SUCH MONITORING.
   2. [When the defendant is charged, by felony complaint, with a felony,
 the  court  may, in its discretion, order recognizance or bail except as
 otherwise provided in this subdivision:
   (a)  A city court, a town court or  a  village  court  may  not  order
 recognizance  or  bail  when (i) the defendant is charged with a class A
 felony, or (ii) it appears that the defendant has  two  previous  felony
 convictions;
   (b)]  IN  CASES  WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN
 THE CASE BEFORE THE COURT OR A PENDING CASE IS A  FELONY  ENUMERATED  IN
 SECTION  70.02  OF  THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
 THE PENAL LAW, RELEASE THE PRINCIPAL PENDING TRIAL  ON  THE  PRINCIPAL'S
 PERSONAL  RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER NON-MONETARY
 CONDITIONS, OR FIX BAIL, SELECTING  THE  LEAST  RESTRICTIVE  ALTERNATIVE
 THAT  WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE WHEN
 REQUIRED. THE COURT WILL  SUPPORT  ITS  CHOICE  OF  ALTERNATIVE  ON  THE
 RECORD.
   3.  NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE THAT
 THEY INTEND TO MOVE FOR PRETRIAL DETENTION AS SET FORTH IN ARTICLE  FIVE
 HUNDRED  FORTY-FIVE  OF THIS TITLE, THE COURT SHALL COMMIT THE DEFENDANT
 TO THE CUSTODY OF THE SHERIFF.
   4. NOTWITHSTANDING THE ABOVE, A CITY COURT, A TOWN COURT OR A  VILLAGE
 COURT  MAY  NOT  ISSUE A SECURING ORDER WHEN THE DEFENDANT IS CHARGED BY
 FELONY COMPLAINT WITH A FELONY WHEN: (A) THE DEFENDANT IS CHARGED WITH A
 CLASS A FELONY OR (B) IT APPEARS THAT THE  DEFENDANT  HAS  TWO  PREVIOUS
 FELONY  CONVICTIONS  WITHIN  THE  MEANING  OF SUBDIVISION ONE OF SECTION
 70.08 OR 70.10 OF THE PENAL LAW.   IN THESE INSTANCES  THE  COURT  SHALL
 COMMIT  THE  DEFENDANT  TO  THE CUSTODY OF THE SHERIFF FOR THE COUNTY OR

 S. 7505--A                         19                         A. 9505--A
 
 SUPERIOR COURT TO MAKE A DETERMINATION ABOUT  A  SECURING  ORDER  WITHIN
 THREE DAYS.
   5. No local criminal court may order [recognizance or bail] A SECURING
 ORDER  with  respect  to  a  defendant  charged with a felony unless and
 until[:
   (i)  The district attorney has been heard  in  the  matter  or,  after
 knowledge  or notice of the application and reasonable opportunity to be
 heard, has failed to appear at the proceeding or  has  otherwise  waived
 his right to do so; and
   (ii)  The]  THE  court  [has],  AND COUNSEL FOR THE DEFENSE, HAVE been
 furnished with a report of the division  of  criminal  justice  services
 concerning  the  defendant's  criminal  record, if any, or with a police
 department report with respect  to  the  defendant's  prior  arrest  AND
 CONVICTION  record,  IF ANY.  If neither report is available, the court,
 with the consent of  the  district  attorney,  may  dispense  with  this
 requirement;  provided, however, that in an emergency, including but not
 limited to a substantial impairment in the ability of such  division  or
 police  department to timely furnish such report, such consent shall not
 be required if, for reasons stated on the record,  the  court  deems  it
 unnecessary.  [When the court has been furnished with any such report or
 record, it shall furnish a copy thereof to counsel for the defendant or,
 if the defendant is not represented by counsel, to the defendant.]
   § 18. The section heading, subdivision 1 and subdivision 2 of  section
 530.30  of the criminal procedure law, subdivision 2 as amended by chap-
 ter 762 of the laws of 1971, are amended to read as follows:
 [Order of recognizance or bail; by superior court judge when  action  is
              pending in local criminal court] SECURING ORDER BY SUPERIOR
              COURT JUDGE WHEN ACTION IS PENDING IN LOCAL CRIMINAL COURT.
   1.  When a criminal action is pending in a local criminal court, other
 than  one  consisting of a superior court judge sitting as such, a judge
 of a superior court holding a term thereof in the county, upon  applica-
 tion  of  a defendant, may order [recognizance or bail] A SECURING ORDER
 when such local criminal court:
   (a)  Lacks authority to issue such an order,  pursuant  to  [paragraph
 (a) of] subdivision [two] FOUR of section 530.20; or
   (b)  Has denied an application for recognizance or bail; or
   (c)  Has fixed bail which is excessive; OR
   (D)  HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY CONDITIONS
 WHICH ARE MORE RESTRICTIVE THAN NECESSARY  TO  REASONABLY  ENSURE  COURT
 ATTENDANCE.
   In  such  case, such superior court judge may vacate the order of such
 local criminal court and release the defendant on [his own] recognizance
 OR UNDER RELEASE WITH CONDITIONS, or fix bail in a lesser amount or in a
 less burdensome form, WHICHEVER IS  THE  LEAST  RESTRICTIVE  ALTERNATIVE
 THAT  WILL  REASONABLY ASSURE DEFENDANT'S APPEARANCE IN COURT. THE COURT
 WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
   2.   Notwithstanding the  provisions  of  subdivision  one,  when  the
 defendant is charged with a felony in a local criminal court, a superior
 court  judge  may  not  order  recognizance or bail unless and until the
 district attorney has had an opportunity to be heard in the  matter  and
 such  judge  has  been furnished with a report as described in [subpara-
 graph (ii) of paragraph  (b)  of]  subdivision  [two]  FIVE  of  section
 530.20.
   §  19.  Section 530.40 of the criminal procedure law, subdivision 3 as
 amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
 by chapter 762 of the laws of 1971, is amended to read as follows:

 S. 7505--A                         20                         A. 9505--A
 
 § 530.40 [Order of recognizance or bail;]  SECURING  ORDER  by  superior
            court when action is pending therein.
   When  a  criminal  action  is pending in a superior court, such court,
 upon application of a defendant, must or may order recognizance or  bail
 as follows:
   1.  [When the defendant is charged with an offense or offenses of less
 than felony grade only, the court must order recognizance or bail.
   2. When the defendant is charged with a felony, the court may, in  its
 discretion,  order  recognizance  or  bail. In any such case in which an
 indictment (a) has resulted from an order  of  a  local  criminal  court
 holding the defendant for the action of the grand jury, or (b) was filed
 at  a time when a felony complaint charging the same conduct was pending
 in a local criminal court, and in which such local criminal court  or  a
 superior  court  judge has issued an order of recognizance or bail which
 is still effective, the superior court's order may be in the form  of  a
 direction  continuing the effectiveness of the previous order.] IN CASES
 WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE  CASE  BEFORE
 THE COURT OR A PENDING CASE IS A MISDEMEANOR OR A FELONY OTHER THAN THAT
 ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
 DEFINED  IN  THE  PENAL  LAW, RELEASE THE PRINCIPAL PENDING TRIAL ON THE
 PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE  RECORD
 THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE THE INDIVIDUAL'S
 COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE THE INDIVID-
 UAL  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST RESTRICTIVE
 ALTERNATIVE THAT WILL REASONABLY ASSURE THE  PRINCIPAL'S  COURT  ATTEND-
 ANCE.  THE  COURT  WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
 THE PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF THE  COST  OF
 RELEASE  UNDER  NON-MONETARY  CONDITIONS, EXCEPT THAT A PRINCIPAL MAY BE
 REQUIRED TO PAY FOR ALL OR A PORTION OF THE COST OF ELECTRONIC  MONITOR-
 ING  UNLESS THE PRINCIPAL IS INDIGENT AND CANNOT PAY ALL OR A PORTION OF
 THE COST OF SUCH MONITORING.
   2. IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE
 CASE  BEFORE  THE  COURT  OR  A  PENDING  CASE IS A FELONY ENUMERATED IN
 SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY  OFFENSE  DEFINED  IN
 THE  PENAL  LAW,  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S
 PERSONAL RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER  NON-MONETARY
 CONDITIONS,  OR  FIX  BAIL,  SELECTING THE LEAST RESTRICTIVE ALTERNATIVE
 THAT WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE  WHEN
 REQUIRED.  THE  COURT  WILL  SUPPORT  ITS  CHOICE  OF ALTERNATIVE ON THE
 RECORD.
   3. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE  THAT
 THEY  INTEND  TO  MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE FIVE
 HUNDRED FORTY-FIVE OF THIS TITLE, THE COURT SHALL COMMIT  THE  DEFENDANT
 TO THE CUSTODY OF THE SHERIFF.
   4.  Notwithstanding  the  provisions of [subdivision] SUBDIVISIONS ONE
 AND two, a superior court may not [order recognizance or bail]  ISSUE  A
 SECURING  ORDER,  or permit a defendant to remain at liberty pursuant to
 an existing order, after  [he]  THE  DEFENDANT  has  been  convicted  of
 either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
 defined in article one hundred thirty of  the  penal  law  committed  or
 attempted  to  be  committed  by a person eighteen years of age or older
 against a person less than eighteen years of age.  In  either  case  the
 court must commit or remand the defendant to the custody of the sheriff.
   [4.]  5.  Notwithstanding the provisions of [subdivision] SUBDIVISIONS
 ONE AND two, a superior court may not [order recognizance or bail] ISSUE
 A SECURING ORDER when the defendant is charged with a felony unless  and

 S. 7505--A                         21                         A. 9505--A
 
 until  the  district  attorney has had an opportunity to be heard in the
 matter and such court [has]  AND  COUNSEL  FOR  THE  DEFENSE  HAVE  been
 furnished  with  a report as described in subparagraph (ii) of paragraph
 (b) of subdivision two of section 530.20 OF THIS ARTICLE.
   §  20.  Subdivision 1 of section 530.45 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   1. When the defendant is at liberty in the course of a criminal action
 as  a  result  of a prior [order of recognizance or bail] SECURING ORDER
 and the court revokes such order and then [either fixes no bail or fixes
 bail in a greater amount or in a more burdensome form than was previous-
 ly fixed and remands or commits defendant to the custody of the sheriff,
 a judge designated in subdivision two, upon application of the defendant
 following conviction of an offense other than a  class  A  felony  or  a
 class  B or class C felony offense defined in article one hundred thirty
 of the penal law committed or attempted to  be  committed  by  a  person
 eighteen years of age or older against a person less than eighteen years
 of  age,  and  before  sentencing, may issue a securing order and either
 release defendant on his own recognizance, or fix bail, or fix bail in a
 lesser amount or] ISSUES A MORE RESTRICTIVE SECURING  ORDER  in  a  less
 [burdensome]  RESTRICTIVE  form  than  fixed  by  the court in which the
 conviction was entered.
   § 21. Section 530.60 of the criminal procedure law, subdivision  1  as
 amended  by  chapter  565 of the laws of 2011, subdivision 2 as added by
 chapter 788 of the laws of 1981 and paragraph (a) of  subdivision  2  as
 amended  by  chapter  794  of  the  laws  of 1986, is amended to read as
 follows:
 § 530.60 [Order of recognizance or bail;  revocation  thereof]  SECURING
              ORDER; MODIFICATION THEREOF UPON COURT'S OWN ACTION.
   [1.]  Whenever  in  the  course  of  a criminal action or proceeding a
 defendant is at liberty as a result of  [an  order  of  recognizance  or
 bail]  A  SECURING  ORDER issued pursuant to this chapter, and the court
 considers it necessary to review such order, it  may,  and  by  a  bench
 warrant  if necessary, require the defendant to appear before the court.
 Upon such appearance, the court, for good cause shown, may  revoke  [the
 order  of recognizance or bail. If the defendant is entitled to recogni-
 zance or bail as a matter of right, the court must  issue  another  such
 order.  If he or she is not, the court may either issue such an order or
 commit the defendant to the custody of the sheriff. Where the  defendant
 is  committed  to  the  custody  of  the sheriff and is held on a felony
 complaint, a new period as provided in section 180.80  of  this  chapter
 shall  commence to run from the time of the defendant's commitment under
 this subdivision] AND MODIFY THE SECURING  ORDER,  SELECTING  THE  LEAST
 RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ASSURE COURT APPEARANCE. IF
 THE  MOST  SERIOUS  CHARGE  FACING  THE DEFENDANT IN THE CASE BEFORE THE
 COURT OR A PENDING CASE IS A  MISDEMEANOR  OR  FELONY  OTHER  THAN  THAT
 ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY DEFINED
 IN  THE  PENAL  LAW,  THE  COURT  MUST RELEASE THE DEFENDANT ON PERSONAL
 RECOGNIZANCE OR SET RELEASE WITH NON-MONETARY CONDITIONS.  NOTWITHSTAND-
 ING  THE FOREGOING, THE PEOPLE MAY MOVE AT ANY TIME FOR CONSIDERATION OF
 PRETRIAL DETENTION UNDER ARTICLE FIVE HUNDRED FORTY-FIVE OF  THIS  TITLE
 IF  THE  DEFENDANT'S ALLEGED ACTIONS RENDER THE DEFENDANT ELIGIBLE UNDER
 FOR A HEARING UNDER THAT SECTION.
   [2. (a) Whenever in the course of a criminal action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance or bail issued pursuant to this arti-

 S. 7505--A                         22                         A. 9505--A

 cle it shall be grounds for revoking such order  that  the  court  finds
 reasonable  cause  to believe the defendant committed one or more speci-
 fied class A or violent felony  offenses  or  intimidated  a  victim  or
 witness  in  violation of sections 215.15, 215.16 or 215.17 of the penal
 law while at liberty. Before revoking an order of recognizance  or  bail
 pursuant  to  this  subdivision, the court must hold a hearing and shall
 receive any relevant, admissible evidence not  legally  privileged.  The
 defendant may cross-examine witnesses and may present relevant, admissi-
 ble  evidence  on his own behalf. Such hearing may be consolidated with,
 and conducted at the same time as, a felony hearing  conducted  pursuant
 to article one hundred eighty of this chapter. A transcript of testimony
 taken  before the grand jury upon presentation of the subsequent offense
 shall be admissible as evidence during the hearing.  The district attor-
 ney may move to introduce grand jury testimony of a witness in  lieu  of
 that witness' appearance at the hearing.
   (b)  Revocation  of  an  order  of recognizance or bail and commitment
 pursuant to this subdivision shall be for the following periods, either:
   (i) For a period not to exceed ninety days exclusive of any periods of
 adjournment requested by the defendant; or
   (ii) Until the charges contained within the accusatory instrument have
 been reduced or dismissed such that no count remains which  charges  the
 defendant with commission of a felony; or
   (iii) Until reduction or dismissal of the charges contained within the
 accusatory instrument charging the subsequent offense such that no count
 remains  which  charges  the  defendant  with commission of a class A or
 violent felony offense.
   Upon expiration of any of the  three  periods  specified  within  this
 paragraph,  whichever  is  shortest, the court may grant or deny release
 upon an order of bail or recognizance in accordance with the  provisions
 of this article. Upon conviction to an offense the provisions of article
 five hundred thirty of this chapter shall apply.
   (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion a defendant, against whom a felony complaint has been  filed  which
 charges  the  defendant  with  commission of a class A or violent felony
 offense committed while he was at liberty as specified therein,  may  be
 committed to the custody of the sheriff pending a revocation hearing for
 a  period  not  to exceed seventy-two hours. An additional period not to
 exceed seventy-two hours may be granted by the court upon application of
 the district attorney upon a showing of good cause or where the  failure
 to  commence  the hearing was due to the defendant's request or occurred
 with his consent. Such good cause must consist of some  compelling  fact
 or  circumstance  which  precluded  conducting  the  hearing  within the
 initial prescribed period.]
   § 22. The criminal procedure law is amended by adding  a  new  section
 530.65 to read as follows:
 § 530.65 VIOLATION OF A CONDITION OF RELEASE, REMEDIES AVAILABLE.
   WHEN A PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE COURT,
 UPON  MOTION BY THE PEOPLE, MAY REVOKE AND MODIFY THE SECURING ORDER DUE
 TO VIOLATIONS OF THOSE RELEASE CONDITIONS.  IN  DETERMINING  WHETHER  TO
 REVOKE  AND  MODIFY  THE  SECURING  ORDER,  THE  COURT MUST CONSIDER THE
 NATURE, THE WILLFULNESS, AND THE SERIOUSNESS OF THE  VIOLATION  AND  MAY
 ONLY  SET  A  MORE  RESTRICTIVE CONDITION OR CONDITIONS OR RELEASE IF IT
 FINDS THAT SUCH  CONDITIONS  ARE  NECESSARY  TO  REASONABLY  ASSURE  THE
 DEFENDANT'S  APPEARANCE  IN  COURT.   NOTWITHSTANDING THE FOREGOING, THE
 PEOPLE MAY MOVE AT ANY TIME  FOR  CONSIDERATION  OF  PRETRIAL  DETENTION
 UNDER  ARTICLE  FIVE HUNDRED FORTY-FIVE OF THIS TITLE IF THE DEFENDANT'S

 S. 7505--A                         23                         A. 9505--A

 ALLEGED ACTIONS RENDER THE DEFENDANT ELIGIBLE UNDER FOR A HEARING  UNDER
 THAT SECTION.
   §  23.  Title  P of part 3 of the criminal procedure law is amended by
 adding a new article 545 to read as follows:
                      ARTICLE 545--PRETRIAL DETENTION
 SECTION 545.10 PRETRIAL DETENTION; WHEN ORDERED.
         545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
         545.30 PRETRIAL DETENTION HEARING.
         545.40 ORDER FOR PRETRIAL DETENTION.
         545.50 REOPENING OF PRETRIAL HEARING.
         545.60 LENGTH OF DETENTION FOR DEFENDANT HELD UNDER  A  PRETRIAL
                  DETENTION ORDER.
 § 545.10 PRETRIAL DETENTION; WHEN ORDERED.
   A COUNTY OR SUPERIOR COURT MAY ORDER, BEFORE TRIAL, THE DETENTION OF A
 DEFENDANT  IF  THE  PEOPLE SEEK DETENTION OF THE DEFENDANT UNDER SECTION
 545.20 OF THIS ARTICLE, AND, AFTER A HEARING PURSUANT TO SECTION  545.30
 OF  THIS ARTICLE, THE COURT FINDS CLEAR AND CONVINCING EVIDENCE THAT THE
 DEFENDANT POSES A HIGH RISK OF FLIGHT BEFORE TRIAL,  OR  THAT  DEFENDANT
 POSES  A CURRENT THREAT TO THE PHYSICAL SAFETY OF A REASONABLY IDENTIFI-
 ABLE PERSON OR PERSONS, AND THAT NO CONDITIONS OR COMBINATION OF  CONDI-
 TIONS  IN  THE  COMMUNITY  WILL SUFFICE TO CONTAIN THE AFORESAID RISK OR
 THREAT.
 § 545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
   1. THE PEOPLE MAY MAKE A MOTION WITH THE COURT AT ANY TIME SEEKING THE
 PRETRIAL DETENTION OF A DEFENDANT:
   (A) CHARGED WITH  OFFENSES  INVOLVING  DOMESTIC  VIOLENCE,  OR  CRIMES
 INVOLVING SERIOUS VIOLENCE OR A CLASS A FELONY DEFINED IN THE PENAL LAW;
   (B) CHARGED WITH OFFENSES INVOLVING WITNESS INTIMIDATION UNDER SECTION
 215.15, 215.16 OR 215.17 OF THE PENAL LAW;
   (C)  CHARGED  WITH  COMMITTING  A  NEW CRIME WHILE IN THE COMMUNITY ON
 RECOGNIZANCE, OR NON-MONETARY-CONDITIONS, OR BAIL; OR
   (D) WHO WILLFULLY FAILED TO APPEAR IN COURT.
   2. UPON SUCH MOTION BY THE PEOPLE, THE DEFENDANT SHALL BE COMMITTED TO
 THE CUSTODY OF THE SHERIFF. IF THE PERSON IS AT LIBERTY, A WARRANT SHALL
 ISSUE AND THE DEFENDANT BROUGHT INTO CUSTODY OF THE SHERIFF.
 § 545.30 PRETRIAL DETENTION HEARING.
   1. A HEARING SHALL BE HELD WITHIN FIVE WORKING DAYS FROM THE  PEOPLE'S
 MOTION.    AT  THE  HEARING,  THE  DEFENDANT  SHALL HAVE THE RIGHT TO BE
 REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE TO OBTAIN COUNSEL, TO
 HAVE COUNSEL ASSIGNED. THE DEFENDANT SHALL BE AFFORDED AN OPPORTUNITY TO
 TESTIFY, TO PRESENT WITNESSES, TO CROSS-EXAMINE WITNESSES WHO APPEAR  AT
 THE  HEARING,  AND  TO  PRESENT INFORMATION BY PROFFER OR OTHERWISE. THE
 RULES CONCERNING THE ADMISSIBILITY OF EVIDENCE IN CRIMINAL TRIALS DO NOT
 APPLY TO THE PRESENTATION AND CONSIDERATION OF  INFORMATION  DURING  THE
 HEARING.
   2.  DISCOVERY  SHALL BE AFFORDED IN ACCORDANCE WITH PRETRIAL HEARINGS,
 AS SET OUT IN CRIMINAL PROCEDURE LAW SECTION 240.44.
   3. IN HEARINGS IN CASES FOR WHICH THERE IS NO INDICTMENT,  THE  PEOPLE
 SHALL ESTABLISH PROBABLE CAUSE THAT THE ELIGIBLE DEFENDANT COMMITTED THE
 CHARGED  OFFENSE.  THE  PEOPLE  MUST  ESTABLISH  BY CLEAR AND CONVINCING
 EVIDENCE THAT DEFENDANT POSES A HIGH RISK OF FLIGHT OR A CURRENT  THREAT
 OF  PHYSICAL  DANGER  TO A REASONABLY IDENTIFIABLE PERSON OR PERSONS AND
 THAT NO CONDITIONS OR COMBINATION OF CONDITIONS IN  THE  COMMUNITY  WILL
 SUFFICE  TO  CONTAIN  THE  AFORESAID  RISK  OR  THREAT. THERE SHALL BE A
 REBUTTABLE PRESUMPTION, WHICH THE DEFENDANT MAY OVERCOME BY A PREPONDER-
 ANCE OF THE EVIDENCE, THAT NO CONDITIONS OR COMBINATION OF CONDITIONS IN

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 THE COMMUNITY WILL SUFFICE TO CONTAIN A CURRENT THREAT TO  THE  PHYSICAL
 SAFETY OF A REASONABLY IDENTIFIABLE PERSON OR PERSONS IF THE COURT FINDS
 PROBABLE CAUSE THAT THE DEFENDANT:
   (A)  COMMITTED  A  CRIME FOR WHICH THE DEFENDANT WOULD BE SUBJECT TO A
 TERM OF LIFE IMPRISONMENT;
   (B) COMMITTED A CRIME INVOLVING DOMESTIC VIOLENCE OR A CRIME INVOLVING
 SERIOUS VIOLENCE OR A CLASS A FELONY OFFENSE DEFINED IN  THE  PENAL  LAW
 WHILE  THE  DEFENDANT WAS IN THE COMMUNITY ON RECOGNIZANCE, OR NON-MONE-
 TARY CONDITIONS, OR BAIL  WHILE  CHARGED  WITH  A  CRIME  ENUMERATED  IN
 SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE;
   (C) THREATENED, INJURED, INTIMIDATED, OR ATTEMPTED TO THREATEN, INJURE
 OR  INTIMIDATE  A  PROSPECTIVE  WITNESS OR JUROR IN AN CRIMINAL INVESTI-
 GATION OR JUDICIAL PROCEEDING; OR
   (D) COMMITTED A CRIME INVOLVING DOMESTIC VIOLENCE OR A CRIME INVOLVING
 SERIOUS VIOLENCE OR A CLASS A FELONY OFFENSE DEFINED IN  THE  PENAL  LAW
 WHILE ARMED WITH A FIREARM.
   4. IN DETERMINING WHETHER THE DEFENDANT PRESENTS A HIGH RISK OF FLIGHT
 OR  A  CURRENT  THREAT  OF  PHYSICAL DANGER TO A REASONABLY IDENTIFIABLE
 PERSON OR PERSONS AND WHETHER NO CONDITIONS OR  COMBINATIONS  OF  CONDI-
 TIONS  IN THE COMMUNITY WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT, THE
 COURT MAY TAKE INTO ACCOUNT THE FOLLOWING INFORMATION:
   (A) THE NATURE AND CIRCUMSTANCES OF THE CHARGED OFFENSE;
   (B) THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT, EXCEPT THAT  THE
 COURT  MAY  CONSIDER  THE  ADMISSIBILITY  OF  ANY  EVIDENCE SOUGHT TO BE
 EXCLUDED;
   (C) THE DEFENDANT'S CURRENT AND PRIOR HISTORY OF FAILURE TO APPEAR  IN
 COURT WHETHER SUCH FAILURES TO APPEAR WERE WILLFUL;
   (D)  THE  NATURE  AND  THE  CREDIBILITY  OF THE THREAT TO THE PHYSICAL
 DANGER OF A REASONABLY IDENTIFIABLE PERSON OR  PERSONS,  IF  APPLICABLE;
 AND
   (E) WHETHER, AT THE TIME OF THE CURRENT OFFENSE OR ARREST, THE DEFEND-
 ANT WAS ON PROBATION, PAROLE, OR ON RELEASE PENDING TRIAL, SENTENCING OR
 COMPLETION OF A SENTENCE IN THIS STATE OR OTHER JURISDICTIONS.
 § 545.40 ORDER FOR PRETRIAL DETENTION.
   IN  A  PRETRIAL  DETENTION  ORDER ISSUED PURSUANT TO SECTION 545.10 OF
 THIS ARTICLE, THE COURT SHALL:
   1. INCLUDE WRITTEN FINDINGS OF FACT AND A  WRITTEN  STATEMENT  OF  THE
 REASONS FOR THE DETENTION; AND
   2.  DIRECT THAT THE ELIGIBLE DEFENDANT BE AFFORDED REASONABLE OPPORTU-
 NITY FOR PRIVATE CONSULTATION WITH COUNSEL.
 § 545.50 REOPENING OF PRETRIAL HEARING.
   A PRETRIAL DETENTION HEARING MAY BE OPENED, BEFORE OR  AFTER  ISSUANCE
 OF  A  PRETRIAL DETENTION ORDER BY THE COURT, BY MOTION OF THE PEOPLE OR
 THE DEFENDANT, AT ANY TIME BEFORE TRIAL, IF THE  COURT  FINDS  EITHER  A
 CHANGE OF CIRCUMSTANCES OR THAT INFORMATION EXISTS THAT WAS NOT KNOWN TO
 THE  PEOPLE  OR  TO THE DEFENDANT AT THE TIME OF THE HEARING, THAT HAS A
 MATERIAL BEARING ON THE ISSUE OF WHETHER DEFENDANT PRESENTS A HIGH  RISK
 OF  FAILURE  TO  APPEAR  OR A CURRENT THREAT TO THE PHYSICAL SAFETY OF A
 REASONABLY IDENTIFIABLE PERSON OR PERSONS AND WHETHER NO  CONDITIONS  OR
 COMBINATION OF CONDITIONS WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT.
 § 545.60 LENGTH  OF  DETENTION  FOR  DEFENDANT  HELD  UNDER  A  PRETRIAL
            DETENTION ORDER.
   1. IF A PRETRIAL DETENTION ORDER IS  ISSUED,  A  DEFENDANT  SHALL  NOT
 REMAIN  DETAINED IN JAIL FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE
 RETURN OF THE INDICTMENT, IF APPLICABLE, UNTIL THE START  OF  TRIAL.  IN

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 CASES WHERE NO INDICTMENT IS REQUIRED, THE ONE HUNDRED EIGHTY DAYS SHALL
 RUN FROM THE PRETRIAL DETENTION ORDER.
   2.  (A)  THE  TIME WITHIN WHICH THE TRIAL OF THE CASE COMMENCES MAY BE
 EXTENDED FOR ONE OR MORE ADDITIONAL PERIODS NOT TO  EXCEED  TWENTY  DAYS
 EACH  ON  THE  BASIS OF A MOTION SUBMITTED BY THE PEOPLE AND APPROVED BY
 THE COURT. THE ADDITIONAL PERIOD OR PERIODS OF DETENTION MAY BE  GRANTED
 ONLY ON THE BASIS OF GOOD CAUSE SHOWN, AND SHALL BE GRANTED ONLY FOR THE
 ADDITIONAL  TIME  REQUIRED  TO PREPARE FOR THE TRIAL OF THE PERSON. GOOD
 CAUSE MAY INCLUDE, BUT NOT BE  LIMITED  TO,  THE  UNAVAILABILITY  OF  AN
 ESSENTIAL  WITNESS, THE NECESSITY FOR FORENSIC ANALYSIS OF EVIDENCE, THE
 ABILITY TO CONDUCT A JOINT TRIAL WITH A CO-DEFENDANT  OR  CO-DEFENDANTS,
 SEVERANCE  OF  CO-DEFENDANTS  WHICH  PERMITS  ONLY ONE TRIAL TO COMMENCE
 WITHIN THE TIME PERIOD,  COMPLEX  OR  MAJOR  INVESTIGATIONS,  SCHEDULING
 CONFLICTS  WHICH  ARISE  SHORTLY BEFORE THE TRIAL DATE, THE INABILITY TO
 PROCEED TO TRIAL BECAUSE OF ACTION TAKEN BY OR  AT  THE  BEHEST  OF  THE
 DEFENDANT,  THE  BREAKDOWN  OF A PLEA AGREEMENT ON OR IMMEDIATELY BEFORE
 THE TRIAL DATE, AND ALLOWING REASONABLE TIME  TO  PREPARE  FOR  A  TRIAL
 AFTER THE CIRCUMSTANCES GIVING RISE TO A TOLLING OR EXTENSION OF THE ONE
 HUNDRED EIGHTY DAY PERIOD NO LONGER EXISTS.
   (B)  IN  COMPUTING  THE  ONE  HUNDRED  EIGHTY DAYS FROM INDICTMENT, IF
 APPLICABLE, OR THE DATE OF PRETRIAL ORDER, TO COMMENCEMENT OF TRIAL, THE
 FOLLOWING PERIODS SHALL BE EXCLUDED:
   (I) ANY PERIOD FROM THE FILING OF THE NOTICE OF APPEAL TO THE ISSUANCE
 OF THE MANDATE IN AN INTERLOCUTORY APPEAL;
   (II) ANY PERIOD ATTRIBUTABLE  TO  ANY  EXAMINATION  TO  DETERMINE  THE
 DEFENDANT'S  SANITY  OR  LACK  THEREOF  OR HIS OR HER MENTAL OR PHYSICAL
 COMPETENCY TO STAND TRIAL;
   (III) ANY PERIOD ATTRIBUTABLE TO THE INABILITY  OF  THE  DEFENDANT  TO
 PARTICIPATE IN THE DEFENDANT'S DEFENSE BECAUSE OF MENTAL INCOMPETENCY OR
 PHYSICAL INCAPACITY; AND
   (IV)  ANY  PERIOD  IN WHICH THE DEFENDANT IS OTHERWISE UNAVAILABLE FOR
 TRIAL.
   3. IF A TRIAL HAS NOT COMMENCED WITHIN ONE HUNDRED  EIGHTY  DAYS  FROM
 INDICTMENT,  IF  APPLICABLE,  OR PRETRIAL DETENTION ORDER, AS CALCULATED
 ABOVE, AND THE DEFENDANT REMAINS IN  CUSTODY,  THE  DEFENDANT  SHALL  BE
 RELEASED  ON  RECOGNIZANCE  OR  UNDER NON-MONETARY CONDITIONS OF RELEASE
 PENDING TRIAL ON THE UNDERLYING CHARGE, UNLESS:
   (A) THE TRIAL IS IN PROGRESS,
   (B) THE TRIAL HAS BEEN  DELAYED  BY  THE  TIMELY  FILING  OF  MOTIONS,
 EXCLUDING MOTIONS FOR CONTINUANCES;
   (C) THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE DEFENDANT; OR
   (D)  UPON MOTION OF THE PEOPLE, THE COURT FINDS THAT A SUBSTANTIAL AND
 UNJUSTIFIABLE RISK TO THE PHYSICAL SAFETY OF A  REASONABLY  IDENTIFIABLE
 PERSON  WOULD RESULT FROM THE DEFENDANT'S RELEASE FROM CUSTODY, AND THAT
 NO APPROPRIATE CONDITIONS FOR THE DEFENDANT'S RELEASE  WOULD  REASONABLY
 ADDRESS  THAT RISK, AND ALSO FINDS THAT THE FAILURE TO COMMENCE TRIAL IN
 ACCORDANCE WITH THE TIME REQUIREMENTS SET FORTH IN THIS SECTION WAS  NOT
 DUE TO UNREASONABLE DELAY BY THE PEOPLE. IF THE COURT MAKES SUCH A FIND-
 ING, THE COURT MAY SET AN ADDITIONAL PERIOD OF TIME IN WHICH THE DEFEND-
 ANT'S TRIAL MUST COMMENCE.
   § 24. Subsection (b) of section 6805 of the insurance law, as added by
 chapter 181 of the laws of 2012, is amended to read as follows:
   (b) A charitable bail organization shall:
   (1)  only  deposit  money as bail in the amount of [two] FIVE thousand
 dollars or less for a defendant charged with one or more  [misdemeanors]
 OFFENSES  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL

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 LAW, provided, however, that such  organization  shall  not  execute  as
 surety any bond for any defendant;
   (2) only deposit money as bail on behalf of a person who is financial-
 ly  unable  to  post  bail,  which may constitute a portion or the whole
 amount of such bail; AND
   (3) [only deposit money as bail in one county in this state. Provided,
 however, that a charitable bail organization whose  principal  place  of
 business is located within a city of a million or more may deposit money
 as bail in the five counties comprising such city; and
   (4)]  not  charge  a  premium  or receive compensation for acting as a
 charitable bail organization.
   § 25. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by chapter 258 of the laws of 2015, is amended
 to read as follows:
   (a) If at any time during the defendant's participation in  the  judi-
 cial diversion program, the court has reasonable grounds to believe that
 the  defendant  has violated a release condition or has failed to appear
 before the court as requested, the court shall direct the  defendant  to
 appear  or  issue  a bench warrant to a police officer or an appropriate
 peace officer directing him or her to take the  defendant  into  custody
 and  bring  the  defendant  before  the court without unnecessary delay;
 provided, however, that under no circumstances  shall  a  defendant  who
 requires  treatment  for  opioid  abuse  or dependence be deemed to have
 violated a release condition on the basis of his or her participation in
 medically prescribed drug treatments under the care  of  a  health  care
 professional  licensed  or  certified under title eight of the education
 law, acting within his or her lawful scope of practice.  The  provisions
 of  [subdivision  one  of]  section  530.60  of this chapter relating to
 [revocation of recognizance or bail] ISSUANCE OF SECURING  ORDERS  shall
 apply to such proceedings under this subdivision.
   § 26. Subdivision 3 of section 620.50 of the criminal procedure law is
 amended to read as follows:
   3.  A material witness order must be executed as follows:
   (a)    If  the  bail  is posted and approved by the court, the witness
 must[, as provided in subdivision three of section 510.40,] be  released
 and  be permitted to remain at liberty; provided that, where the bail is
 posted by a person other than the witness himself,  he  may  not  be  so
 released except upon his signed written consent thereto;
   (b)  If the bail is not posted, or if though posted it is not approved
 by  the  court,  the  witness must[, as provided in subdivision three of
 section 510.40,] be committed to the custody of the sheriff.
   § 27. This act shall take effect November 1, 2019.
 
                                  PART D
 
   Section 1. Section 240.10 of the criminal procedure law, as  added  by
 chapter 412 of the laws of 1979, is amended to read as follows:
 § 240.10  Discovery; definition of terms.
   The following definitions are applicable to this article:
   1.    ["Demand  to  produce" means a written notice served by and on a
 party to a criminal action, without leave of  the  court,  demanding  to
 inspect  property  pursuant to this article and giving reasonable notice
 of the time at which the demanding party wishes to inspect the  property
 designated.

 S. 7505--A                         27                         A. 9505--A

   2.]  "Attorneys' work product" means [property] MATERIAL to the extent
 that  it  contains the opinions, theories or conclusions of the prosecu-
 tor, defense counsel or members of their legal staffs.
   [3.] 2.  "Property" OR "MATERIAL" means any existing tangible personal
 or  real  property,  including,  but  not  limited  to,  books, records,
 reports, memoranda,  papers,  photographs,  tapes  or  other  electronic
 recordings,  articles  of clothing, fingerprints, blood samples, finger-
 nail scrapings or handwriting specimens, but excluding  attorneys'  work
 product.
   [4.]  3.   "At the trial" means as part of the [people's] PROSECUTOR'S
 or the defendant's direct case.
   § 2. Section 240.20 of the criminal procedure law, as added by chapter
 412 of the laws of 1979, the  opening  paragraph  of  subdivision  1  as
 amended  by chapter 317 of the laws of 1983, paragraphs (c), (d) and (g)
 of subdivision 1 as amended and paragraph (i) as added by chapter 558 of
 the laws of 1982, paragraph (e) of subdivision 1 as added and paragraphs
 (f), (g), (h) and (i) as relettered by chapter 795 of the laws of  1984,
 paragraph  (j)  of  subdivision 1 as added by chapter 514 of the laws of
 1986, and paragraph (k) of subdivision 1 as added by chapter 536 of  the
 laws 1989, is amended to read as follows:
 § 240.20  Discovery; [upon demand of] AUTOMATIC DISCLOSURE TO defendant.
   1.  Except  to  the extent protected by court order[, upon a demand to
 produce by a defendant against whom] OR RIGHT TO REDACTION  PURSUANT  TO
 THIS ARTICLE, WITHIN FIFTEEN DAYS OF ARRAIGNMENT ON an indictment, supe-
 rior   court  information,  prosecutor's  information,  information,  or
 simplified information charging a misdemeanor is pending, the prosecutor
 shall disclose to the  defendant  and  make  available  for  inspection,
 photographing, copying or testing, the following property:
   (a)   Any written, recorded or oral statement of the defendant, and of
 a co-defendant to be tried jointly, made, other than in  the  course  of
 the criminal transaction, to a public servant engaged in law enforcement
 activity  or to a person then acting under [his] THE direction OF, or in
 cooperation with [him] SUCH PUBLIC SERVANT;
   (b)  Any transcript of testimony relating to the  criminal  action  or
 proceeding  pending against the defendant, given by the defendant, or by
 a co-defendant to be tried jointly, before any grand jury;
   (c)  Any written report or document, or portion thereof, concerning  a
 physical or mental examination, or scientific test or experiment, relat-
 ing  to  the  criminal action or proceeding which was made by, or at the
 request or direction of a public  servant  engaged  in  law  enforcement
 activity,  or  which was made by a person whom the prosecutor intends to
 call as a witness at trial, or  which  the  [people  intend]  PROSECUTOR
 INTENDS to introduce at trial;
   (d)    Any  photograph  or  drawing relating to the criminal action or
 proceeding which was made or completed by a public  servant  engaged  in
 law  enforcement activity, or which was made by a person whom the prose-
 cutor intends to call as a  witness  at  trial,  or  which  the  [people
 intend] PROSECUTOR INTENDS to introduce at trial;
   (e)  Any photograph, photocopy or other reproduction made by or at the
 direction of a police officer, peace officer or prosecutor of any  prop-
 erty  prior  to its release pursuant to the provisions of section 450.10
 of the penal law, irrespective of whether the people intend to introduce
 at trial the property or the  photograph,  photocopy  or  other  reprod-
 uction[.];
   (f)  Any other property obtained from the defendant, or a co-defendant
 to be tried jointly;

 S. 7505--A                         28                         A. 9505--A
 
   (g)    Any  tapes  or other electronic recordings which the prosecutor
 intends to introduce at trial, irrespective of  whether  such  recording
 was made during the course of the criminal transaction;
   (h)    [Anything]  ANY  OTHER  PROPERTY  OR INFORMATION required to be
 disclosed, prior to trial, to the defendant by the prosecutor,  pursuant
 to  the constitution of this state or of the United States[.] INCLUDING,
 BUT NOT LIMITED TO, ALL EVIDENCE AND INFORMATION, WHETHER OR NOT  ADMIS-
 SIBLE  OR  RECORDED  IN  TANGIBLE  FORM, THAT TENDS TO (I) EXCULPATE THE
 DEFENDANT; (II) MITIGATE THE DEFENDANT'S CULPABILITY  AS  TO  A  CHARGED
 OFFENSE;  (III)  SUPPORT  A POTENTIAL DEFENSE TO A CHARGED OFFENSE; (IV)
 SIGNIFICANTLY  IMPUGN  THE  CREDIBILITY  OF  AN  IMPORTANT   PROSECUTION
 WITNESS;  OR (V) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE
 TO PERSONS WHO MAY BE CALLED AS  WITNESSES,  AS  WELL  AS  REQUESTS  FOR
 CONSIDERATION  BY  PERSONS WHO MAY BE CALLED AS WITNESSES, AND COPIES OF
 ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR  INDUCEMENT.  THE  PROSE-
 CUTION  SHALL  DISCLOSE  EVIDENCE  OR INFORMATION UNDER THIS SUBDIVISION
 EXPEDITIOUSLY UPON ITS RECEIPT BY THE  PROSECUTOR,  NOTWITHSTANDING  THE
 OTHERWISE-APPLICABLE TIME PERIODS FOR DISCLOSURE IN THIS ARTICLE;
   (i) The approximate date, time and place of the offense charged and of
 defendant's arrest[.];
   (j)  In  any prosecution under penal law section 156.05 or 156.10, the
 time, place and manner of notice given pursuant to  subdivision  six  of
 section 156.00 of such law[.];
   (k)  [in]  IN  any prosecution commenced in a manner set forth in this
 subdivision alleging a violation of the  vehicle  and  traffic  law,  in
 addition to any material required to be disclosed pursuant to this arti-
 cle, any other provision of law, or the constitution of this state or of
 the  United  States, any written report or document, or portion thereof,
 concerning a physical examination,  a  scientific  test  or  experiment,
 including the most recent record of inspection, or calibration or repair
 of  machines or instruments utilized to perform such scientific tests or
 experiments and the certification certificate, if any, held by the oper-
 ator of the machine or instrument, which tests or examinations were made
 by or at the request or direction of a public  servant  engaged  in  law
 enforcement  activity  or which was made by a person whom the prosecutor
 intends to call as a witness at trial, or which  the  people  intend  to
 introduce at trial[.];
   (L)  A  LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM, OR ALLEGEDLY
 POSSESSED BY, THE DEFENDANT OR A CO-DEFENDANT. THE LIST SHALL INCLUDE  A
 DESIGNATION  BY THE PROSECUTOR AS TO WHICH OBJECTS WERE RECOVERED DURING
 A SEARCH OR SEIZURE BY A PUBLIC SERVANT OR AN AGENT THEREOF,  AND  WHICH
 TANGIBLE  OBJECTS WERE RECOVERED BY A PUBLIC SERVANT OR AN AGENT THEREOF
 AFTER ALLEGEDLY BEING ABANDONED BY THE DEFENDANT;
   (M) A STATEMENT INDICATING WHETHER A SEARCH WARRANT HAS BEEN  EXECUTED
 AND  ALL  DOCUMENTS  RELATING  THERETO, INCLUDING BUT NOT LIMITED TO THE
 WARRANT, THE WARRANT APPLICATION, SUPPORTING AFFIDAVITS, A POLICE INVEN-
 TORY OF ALL PROPERTY SEIZED UNDER THE WARRANT, AND A TRANSCRIPT  OF  ALL
 TESTIMONY OR OTHER ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT
 APPLICATION;
   (N) ANY EXPERT OPINION EVIDENCE, INCLUDING THE NAME, BUSINESS ADDRESS,
 AND  CURRENT  CURRICULUM VITAE, WHOM THE PROSECUTOR INTENDS TO CALL AS A
 WITNESS AT TRIAL OR A PRE-TRIAL HEARING, AND ALL REPORTS PREPARED BY THE
 EXPERT THAT PERTAIN TO THE CASE, OR IF NO REPORT IS PREPARED, A  WRITTEN
 STATEMENT  OF  THE FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO
 TESTIFY AND A SUMMARY OF THE GROUNDS FOR EACH  OPINION.  THIS  PARAGRAPH
 DOES  NOT  ALTER  OR  IN  ANY  WAY AFFECT THE PROCEDURES, OBLIGATIONS OR

 S. 7505--A                         29                         A. 9505--A
 
 RIGHTS SET FORTH IN SECTION 250.10 OF THIS TITLE.  IF IN THE EXERCISE OF
 REASONABLE DILIGENCE THIS  INFORMATION  IS  UNAVAILABLE  FOR  DISCLOSURE
 WITHIN  THE TIME PERIOD SPECIFIED IN THIS SUBDIVISION, THAT PERIOD SHALL
 BE  STAYED  WITHOUT  NEED  FOR A MOTION PURSUANT TO THIS ARTICLE; EXCEPT
 THAT THE DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND  NOT  LATER
 THAN  SIXTY CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN ORDER
 FOR FURTHER DELAY UPON A SHOWING OF GOOD CAUSE  IS  OBTAINED.  WHEN  THE
 PROSECUTION'S  EXPERT  WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE
 OF AN EXPERT WITNESS BY THE DEFENDANT, THE COURT MAY ALTER  A  SCHEDULED
 TRIAL  DATE, IF NECESSARY, TO ALLOW THE PROSECUTION THIRTY CALENDAR DAYS
 TO MAKE THE DISCLOSURE AND THE DEFENDANT THIRTY CALENDAR DAYS TO PREPARE
 AND RESPOND TO THE NEW MATERIALS.
   2.  The prosecutor shall make a PROMPT diligent, good faith effort  to
 ascertain  the  existence  of  [demanded] property SUBJECT TO DISCLOSURE
 UNDER THIS SECTION and to cause such property to be made  available  for
 discovery where it exists but is not within the prosecutor's possession,
 custody  or control; provided, that the prosecutor shall not be required
 to obtain by subpoena duces tecum demanded material which the  defendant
 may thereby obtain.
   3.  UPON  MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT MAY ALTER
 THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
 GOOD CAUSE.
   § 3. The criminal procedure law is amended by  adding  a  new  section
 240.21 to read as follows:
 § 240.21 DISCOVERY; DISCLOSURE OF POLICE REPORTS AND PRIOR STATEMENTS OF
            PROSPECTIVE WITNESSES.
   1. EXCEPT TO THE EXTENT PROTECTED BY COURT ORDER OR RIGHT TO REDACTION
 PURSUANT  TO  THIS  ARTICLE,  WITHIN  THIRTY  DAYS  OF ARRAIGNMENT ON AN
 INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
 MATION OR SIMPLIFIED INFORMATION CHARGING A MISDEMEANOR, THE  PROSECUTOR
 SHALL  DISCLOSE  TO THE DEFENDANT THE FOLLOWING PROPERTY, PROVIDED IT IS
 IN THE POSSESSION OF THE PROSECUTOR:
   (A) ANY REPORT OF A FACTUAL NATURE RELATING TO THE CRIMINAL ACTION  OR
 PROCEEDING AGAINST THE DEFENDANT AND PREPARED BY THE PROSECUTOR;
   (B)  ANY  REPORT RELATING TO THE CRIMINAL ACTION OR PROCEEDING AGAINST
 THE DEFENDANT PREPARED BY, OR AT THE DIRECTION OF, A POLICE OFFICER,  AS
 DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER, WHO
 IS EMPLOYED BY A LAW ENFORCEMENT AGENCY WHICH PARTICIPATED IN THE INVES-
 TIGATION, ARREST OR POST-ARREST PROCESSING OF THE DEFENDANT WITH RESPECT
 TO THE CRIMINAL ACTION OR PROCEEDING AGAINST THE DEFENDANT;
   (C) ANY REPORT, OTHER THAN THOSE DESCRIBED BY PARAGRAPHS (A)  AND  (B)
 OF  THIS  SUBDIVISION,  RELATING  TO  THE  CRIMINAL ACTION OR PROCEEDING
 AGAINST THE DEFENDANT, WHICH WAS PREPARED BY A LAW ENFORCEMENT  OFFICER,
 PROVIDED SUCH REPORT IS IN THE ACTUAL POSSESSION OF THE PROSECUTOR; AND
   (D) ANY WRITTEN OR RECORDED STATEMENT, EXCLUDING GRAND JURY TESTIMONY,
 MADE  BY  A  WITNESS  WHOM THE PROSECUTOR INTENDS TO CALL AT A PRE-TRIAL
 HEARING OR AT TRIAL AND WHICH RELATES TO  THE  SUBJECT  MATTER  OF  THAT
 WITNESS' PROSPECTIVE TESTIMONY.
   2.  THE  PROSECUTOR SHALL MAKE A PROMPT DILIGENT, GOOD FAITH EFFORT TO
 ASCERTAIN THE EXISTENCE OF PROPERTY SUBJECT  TO  DISCLOSURE  UNDER  THIS
 SECTION  AND  TO  CAUSE SUCH PROPERTY TO BE MADE AVAILABLE FOR DISCOVERY
 WHERE IT EXISTS BUT IS NOT WITHIN THE PROSECUTOR'S  POSSESSION,  CUSTODY
 OR  CONTROL;  PROVIDED,  THAT  THE  PROSECUTOR  SHALL NOT BE REQUIRED TO
 OBTAIN BY SUBPOENA DUCES TECUM DEMANDED MATERIAL WHICH THE DEFENDANT MAY
 THEREBY OBTAIN.

 S. 7505--A                         30                         A. 9505--A
 
   3. UPON MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT  MAY  ALTER
 THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
 GOOD CAUSE.
   § 4. Section 240.30 of the criminal procedure law, as added by chapter
 412  of the laws of 1979, subdivision 1 as amended by chapter 558 of the
 laws of 1982, and the opening paragraph of subdivision 1 as  amended  by
 chapter 317 of the laws of 1983, is amended to read as follows:
 § 240.30  Discovery; [upon demand of] AUTOMATIC DISCLOSURE TO THE prose-
         cutor.
   1. Except to the extent protected by court order OR RIGHT TO REDACTION
 PURSUANT  TO THIS ARTICLE, [upon a demand to produce by the prosecutor,]
 WITHIN FIFTEEN DAYS OF DISCLOSURE BY THE PROSECUTOR PURSUANT TO  SECTION
 240.20  OF THIS ARTICLE, AND PRIOR TO TRIAL, a defendant against whom an
 indictment, superior court information, prosecutor's information, infor-
 mation, or simplified information  charging  a  misdemeanor  is  pending
 shall  disclose  and  make  available TO THE PROSECUTION for inspection,
 photographing, copying or testing,  subject  to  constitutional  limita-
 tions:
   (a)  any  written report or document, or portion thereof, concerning a
 physical or mental  examination,  or  scientific  test,  experiment,  or
 comparisons,  made  by or at the request or direction of, the defendant,
 if  the defendant intends to introduce such report or document at trial,
 or if the defendant has filed a notice of intent to proffer  psychiatric
 evidence  and such report or document relates thereto, or if such report
 or document was made by a person, other than defendant,  whom  defendant
 intends to call as a witness at trial; [and]
   (b)  any photograph, drawing, tape or other electronic recording which
 the defendant intends to introduce at trial[.];
   (C) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
 OR  RECORDING,  MADE  BY  ALL  PERSONS OTHER THAN THE DEFENDANT WHOM THE
 DEFENDANT INTENDS TO CALL AS WITNESSES AT TRIAL OR A PRE-TRIAL  HEARING;
 EXCEPT  THAT  DISCLOSURE  OF  SUCH  STATEMENTS MADE BY A PERSON WHOM THE
 DEFENDANT INTENDS TO CALL AS A WITNESS FOR THE SOLE PURPOSE OF  IMPEACH-
 ING  A  PROSECUTION  WITNESS IS NOT REQUIRED UNTIL AFTER THE PROSECUTION
 WITNESS HAS TESTIFIED;
   (D) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO PERSONS
 WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES AT TRIAL OR A  PRE-TRIAL
 HEARING,  AS  WELL  AS  REQUESTS  FOR CONSIDERATION BY SUCH PERSONS, AND
 COPIES OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT;
   (E) ALL TANGIBLE PROPERTY, INCLUDING BUT NOT LIMITED TO TAPES OR OTHER
 ELECTRONIC RECORDINGS AND PHOTOGRAPHS AND DRAWINGS, THAT  THE  DEFENDANT
 INTENDS  TO  INTRODUCE  IN  THE  DEFENDANT'S CASE-IN-CHIEF AT TRIAL OR A
 PRE-TRIAL HEARING. IF IN THE EXERCISE OF  REASONABLE  DILIGENCE  COUNSEL
 FOR  THE  DEFENDANT  HAS  NOT FORMED AN INTENTION WITHIN THE TIME PERIOD
 SPECIFIED IN THIS SECTION THAT AN ITEM UNDER THIS  SUBDIVISION  WILL  BE
 INTRODUCED  AT TRIAL OR A PRE-TRIAL HEARING, THAT PERIOD SHALL BE STAYED
 WITHOUT NEED FOR A MOTION; BUT THE DISCLOSURE SHALL BE MADE AS  SOON  AS
 PRACTICABLE AND SUBJECT TO THE CONTINUING DUTY TO DISCLOSE;
   (F)  ALL  REPORTS AND DOCUMENTS CONCERNING PHYSICAL OR MENTAL EXAMINA-
 TIONS, OR SCIENTIFIC TESTS OR  EXPERIMENTS  OR  COMPARISONS,  WHICH  THE
 DEFENDANT INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING, OR WHICH
 WERE MADE BY A PERSON WHOM THE DEFENDANT INTENDS TO CALL AS A WITNESS AT
 TRIAL OR A PRE-TRIAL HEARING;
   (G)  INTENDED  EXPERT  OPINION  EVIDENCE, INCLUDING THE NAME, BUSINESS
 ADDRESS, AND CURRENT CURRICULUM VITAE, WHOM  THE  DEFENDANT  INTENDS  TO
 CALL  AS  A  WITNESS  AT  TRIAL  OR A PRE-TRIAL HEARING, AND ALL REPORTS

 S. 7505--A                         31                         A. 9505--A
 
 PREPARED BY THE EXPERT THAT PERTAIN TO THE CASE,  OR  IF  NO  REPORT  IS
 PREPARED,  A  WRITTEN  STATEMENT  OF THE FACTS AND OPINIONS TO WHICH THE
 EXPERT IS EXPECTED TO TESTIFY AND A SUMMARY  OF  THE  GROUNDS  FOR  EACH
 OPINION.  THIS  PARAGRAPH DOES NOT ALTER OR IN ANY WAY AFFECT THE PROCE-
 DURES, OBLIGATIONS OR RIGHTS SET FORTH IN SECTION 250.10 OF THIS  TITLE.
 IF  IN THE EXERCISE OF REASONABLE DILIGENCE THIS INFORMATION IS UNAVAIL-
 ABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED  IN  THIS  SUBDIVI-
 SION, THAT PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION; EXCEPT THAT
 THE  DISCLOSURE  SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN
 THIRTY CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN  ORDER  IS
 OBTAINED.
   2.    The defense shall make a diligent good faith effort to make such
 property available for discovery where it exists but the property is not
 within its possession, custody or control, provided, that the  defendant
 shall not be required to obtain by subpoena duces tecum demanded materi-
 al that the prosecutor may thereby obtain.
   § 5. Section 240.35 of the criminal procedure law, as added by chapter
 412 of the laws of 1979, is amended to read as follows:
 § 240.35  Discovery; refusal [of demand] TO DISCLOSE.
   Notwithstanding  the provisions of sections 240.20, 240.21, and 240.30
 OF THIS ARTICLE, the prosecutor or the defendant, as the  case  may  be,
 may  refuse to disclose any information which [he] THAT PARTY reasonably
 believes is not discoverable [by  a  demand  to  produce],  pursuant  to
 [section  240.20  or section 240.30 as the case may be,] THIS ARTICLE or
 for which [he] THE PARTY reasonably believes a  protective  order  OR  A
 RIGHT  TO REDACTION would be warranted.  Such refusal shall be made in a
 writing, which shall set forth the grounds of such belief  as  fully  as
 possible,  consistent  with  the  objective of the refusal.  The writing
 shall be served upon the [demanding] OTHER party and  a  copy  shall  be
 filed  with  the  court.   SUCH REFUSAL SHALL BE MADE WITHIN THE TIME BY
 WHICH DISCLOSURE IS REQUIRED, BUT MAY BE MADE AFTER THAT  TIME,  AS  THE
 COURT MAY DETERMINE IS REQUIRED IN THE INTEREST OF JUSTICE.
   § 6. Section 240.40 of the criminal procedure law, as added by chapter
 412  of  the laws of 1979, subdivision 1 as amended by chapter 19 of the
 laws of 2012, the opening paragraph of subdivision 2 as amended by chap-
 ter 317 of the laws of 1983, and the closing paragraph of subdivision  2
 as  amended  by  chapter  481 of the laws of 1983, is amended to read as
 follows:
 § 240.40 Discovery; upon court order.
   1. Upon [motion] APPLICATION of a defendant against  whom  an  indict-
 ment, superior court information, prosecutor's information, information,
 or  simplified  information charging a misdemeanor is pending, the court
 in which such accusatory instrument is pending:
   (a) must order discovery as to any  material  not  disclosed  [upon  a
 demand]  pursuant  to  section 240.20, if it finds that the prosecutor's
 refusal to disclose such material is not justified; (b) must, unless  it
 is  satisfied that the [people have] PROSECUTOR HAS shown good cause why
 such an order should not be issued, order discovery or ISSUE  any  other
 order authorized by subdivision one of section 240.70 as to any material
 not  disclosed [upon demand] pursuant to section 240.20 where the prose-
 cutor has failed to serve a timely written refusal pursuant  to  section
 240.35;  (c)  may  order  discovery  with respect to any other property,
 which the people intend to introduce at the trial, upon a showing by the
 defendant that discovery with respect to such property  is  material  to
 the  preparation  of his or her defense, and that the request is reason-
 able; and (d) where property in the  people's  possession,  custody,  or

 S. 7505--A                         32                         A. 9505--A

 control  that  consists  of  a  deoxyribonucleic  acid  ("DNA")  profile
 obtained from probative biological material gathered in connection  with
 the  investigation  or  prosecution  of  the defendant and the defendant
 establishes  that  such profile complies with federal bureau of investi-
 gation or state requirements,  whichever  are  applicable  and  as  such
 requirements  are applied to law enforcement agencies seeking a keyboard
 search or similar comparison, and that the data meets  state  DNA  index
 system  or  national  DNA  index  system  criteria  as such criteria are
 applied to law enforcement agencies seeking such a  keyboard  search  or
 similar comparison, the court may order an entity that has access to the
 combined  DNA  index  system or its successor system to compare such DNA
 profile against DNA databanks by keyboard searches, or a similar  method
 that  does  not  involve  uploading, upon notice to both parties and the
 entity required to perform the search, upon a showing by  the  defendant
 that  such  a  comparison  is material to the presentation of his or her
 defense and that the request is reasonable. For purposes of  this  para-
 graph,  a "keyboard search" shall mean a search of a DNA profile against
 the databank in which the profile that is searched is not uploaded to or
 maintained in the databank. Upon granting the motion pursuant  to  para-
 graph  (c)  of  this  subdivision,  the  court shall, upon motion of the
 people showing such to be material to the preparation of their case  and
 that  the  request  is  reasonable,  condition its order of discovery by
 further directing discovery by the people of property, of the same  kind
 or  character as that authorized to be inspected by the defendant, which
 he or she intends to introduce at the trial.  THE PROSECUTOR MAY  REDACT
 ANY  SUCH PROPERTY AND THE COURT MAY REVIEW THAT REDACTION, AS SET FORTH
 IN THIS ARTICLE.
   2. Upon motion of the prosecutor, and subject to constitutional  limi-
 tation,  the  court  in which an indictment, superior court information,
 prosecutor's information, information, or simplified information  charg-
 ing a misdemeanor is pending: (a) must order discovery as to any proper-
 ty not disclosed [upon a demand] pursuant to section 240.30, if it finds
 that the defendant's refusal to disclose such material is not justified;
 and  (b)  may  order  the defendant to provide non-testimonial evidence.
 Such order may, among other things, require the defendant to:
   (i) Appear in a line-up;
   (ii) Speak for identification by A witness or A potential witness;
   (iii) Be fingerprinted;
   (iv) Pose for photographs not involving reenactment of an event;
   (v) Permit the taking of samples of blood,  hair  or  other  materials
 from his OR HER body in a manner not involving an unreasonable intrusion
 thereof or a risk of serious physical injury thereto;
   (vi) Provide specimens of his OR HER handwriting;
   (vii)  Submit to a reasonable physical or medical inspection of his OR
 HER body.
   This subdivision shall not be construed to limit, expand, or otherwise
 affect the issuance of a similar court order, as may  be  authorized  by
 law,  before the filing of an accusatory instrument consistent with such
 rights as the defendant may derive from the constitution of  this  state
 or of the United States. This section shall not be construed to limit or
 otherwise  affect  the [adminstration] ADMINISTRATION of a chemical test
 where otherwise authorized pursuant to section one thousand one  hundred
 ninety-four-a of the vehicle and traffic law.
   3.  An order pursuant to this section may be denied, limited or condi-
 tioned as provided in section 240.50 OF THIS ARTICLE.

 S. 7505--A                         33                         A. 9505--A
 
   § 7. Section 240.43 of the criminal procedure law, as added by chapter
 222 of the laws of 1987, is amended to read as follows:
 §  240.43  Discovery; disclosure of prior uncharged criminal, vicious or
              immoral acts.
   Upon a request by a defendant, the prosecutor shall notify the defend-
 ant of all specific instances of a defendant's prior uncharged criminal,
 vicious or immoral conduct of which the  prosecutor  has  knowledge  and
 which  the prosecutor intends to use at trial for purposes of impeaching
 the credibility of the defendant.  Such notification by  the  prosecutor
 shall  be made [immediately prior to the commencement of jury selection,
 except that the court may, in its discretion,  order  such  notification
 and  make  its  determination  as  to  the admissibility for impeachment
 purposes of such conduct within a period of three days, excluding Satur-
 days, Sundays and holidays,] FIFTEEN DAYS prior to the  commencement  of
 jury selection.
   § 8. The opening paragraph of section 240.44 of the criminal procedure
 law,  as added by chapter 558 of the laws of 1982, is amended to read as
 follows:
   Subject to a  protective order OR THE RIGHT TO REDACTION,  at  a  pre-
 trial  hearing  held in a criminal court at which a witness is called to
 testify, each party, at the conclusion of the direct examination of each
 of its witnesses, shall, upon request of the other party, make available
 to that party to the extent not previously disclosed:
   § 9. Section 240.45 of the criminal procedure law, as amended by chap-
 ter 558 of the laws 1982, paragraph (a) of subdivision 1 as  amended  by
 chapter 804 of the laws 1984, is amended to read as follows:
 § 240.45 Discovery; upon trial, of prior statements and criminal history
         of witnesses.
   1.  [After the jury has been sworn and before the prosecutor's opening
 address,  or  in the case of a single judge trial after commencement and
 before submission of evidence, the] THE prosecutor shall, subject  to  a
 protective  order OR RIGHT TO REDACTION, make available to the defendant
 FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF JURY SELECTION:
   (a)  Any written or recorded statement, including any testimony before
 a grand jury and an examination videotaped pursuant to section 190.32 of
 this chapter, made by a person whom the prosecutor intends to call as  a
 witness  at  trial,  and  which  relates  to  the  subject matter of the
 witness's testimony;
   (b)  A record of judgment of conviction of a witness the people intend
 to call at trial if the record of conviction is known by the  prosecutor
 to exist;
   (c)    The  existence of any pending criminal action against a witness
 the people intend to call at trial, if the pending  criminal  action  is
 known by the prosecutor to exist.
   The provisions of paragraphs (b) and (c) of this subdivision shall not
 be  construed  to  require  the  prosecutor  to fingerprint a witness or
 otherwise cause the division of criminal justice services or  other  law
 enforcement agency or court to issue a report concerning a witness.
   2.  [After  presentation  of  the  people's direct case and before the
 presentation of the defendant's direct case, the] THE  defendant  shall,
 subject  to  a protective order OR RIGHT TO REDACTION, make available to
 the prosecutor WITHIN FIFTEEN DAYS PRIOR TO  THE  COMMENCEMENT  OF  JURY
 SELECTION:
   (a)  any written or recorded statement made by a person other than the
 defendant whom the defendant intends to call as a witness at the  trial,
 and which relates to the subject matter of the witness's testimony;

 S. 7505--A                         34                         A. 9505--A
 
   (b)  a  record  of judgment of conviction of a witness, other than the
 defendant, the defendant intends to call  at  trial  if  the  record  of
 conviction is known by the defendant to exist;
   (c)  the  existence  of any pending criminal action against a witness,
 other than the defendant, the defendant intends to call at trial, if the
 pending criminal action is known by the defendant to exist.
   § 10. Section 240.50 of the criminal procedure law, as added by  chap-
 ter  412 of the laws of 1979, subdivision 4 as amended by chapter 348 of
 the laws of 1985, is amended to read as follows:
 § 240.50  Discovery; protective orders.
   1. The court in which the criminal action is pending may, upon  motion
 of  either  party, or of any affected person, or upon determination of a
 motion of either party for an order of discovery, or upon its own initi-
 ative, issue a protective order denying, limiting, conditioning,  delay-
 ing  or  regulating  discovery  pursuant to this article for good cause,
 including constitutional limitations, danger to the integrity  of  phys-
 ical  evidence  or  a  substantial  risk of physical harm, intimidation,
 economic reprisal, bribery or unjustified annoyance or embarrassment  to
 any  person  or  an  adverse  effect  upon  the  legitimate needs of law
 enforcement, including the protection of the confidentiality  of  infor-
 mants,  OR  DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS A DEFEND-
 ANT'S GANG AFFILIATION, PRIOR HISTORY OF INTERFERING WITH WITNESSES,  OR
 THREATS  OR INTIMIDATING ACTIONS DIRECTED AT POTENTIAL WITNESSES, or any
 other factor or set of factors which outweighs  the  usefulness  of  the
 discovery.
   2.  An  order limiting, conditioning, delaying or regulating discovery
 may, among other things, require that any  material  copied  or  derived
 therefrom  be maintained in the exclusive possession of the attorney for
 the discovering party and be used for the exclusive purpose of preparing
 for the defense or prosecution of the criminal action.
   3. A motion for a protective order  shall  suspend  discovery  of  the
 particular matter in dispute.
   4.  Notwithstanding  any other provision of this article, the personal
 residence address of a police officer or correction officer shall not be
 required to be disclosed except pursuant to an order issued by  a  court
 following a finding of good cause.
   5.  (A)  A  PARTY  THAT  HAS  UNSUCCESSFULLY SOUGHT, OR UNSUCCESSFULLY
 OPPOSED THE GRANTING OF, A PROTECTIVE ORDER UNDER THIS SECTION  RELATING
 TO  THE NAME, ADDRESS, CONTACT INFORMATION OR STATEMENTS OF A PERSON MAY
 OBTAIN EXPEDITED REVIEW OF THAT RULING BY AN INDIVIDUAL JUSTICE  OF  THE
 INTERMEDIATE  APPELLATE  COURT  TO  WHICH  AN  APPEAL FROM A JUDGMENT OF
 CONVICTION IN THE CASE WOULD BE TAKEN.
   (B) SUCH REVIEW SHALL BE  SOUGHT  WITHIN  TWO  BUSINESS  DAYS  OF  THE
 ADVERSE  OR  PARTIALLY ADVERSE RULING, BY ORDER TO SHOW CAUSE FILED WITH
 THE INTERMEDIATE APPELLATE COURT. THE ORDER TO SHOW CAUSE SHALL IN ADDI-
 TION BE TIMELY SERVED ON THE LOWER COURT AND ON THE OPPOSING PARTY,  AND
 SHALL  BE  ACCOMPANIED  BY A SWORN AFFIRMATION STATING IN GOOD FAITH (I)
 THAT THE RULING AFFECTS SUBSTANTIAL INTERESTS, AND  (II)  THAT  DILIGENT
 EFFORTS  TO  REACH  AN ACCOMMODATION OF THE UNDERLYING DISCOVERY DISPUTE
 WITH OPPOSING COUNSEL FAILED OR  THAT  NO  ACCOMMODATION  WAS  FEASIBLE;
 EXCEPT  THAT  SERVICE  ON  THE OPPOSING PARTY, AND A STATEMENT REGARDING
 EFFORTS TO REACH AN ACCOMMODATION, ARE UNNECESSARY  WHERE  THE  OPPOSING
 PARTY  WAS  NOT MADE AWARE OF THE APPLICATION FOR A PROTECTIVE ORDER AND
 GOOD CAUSE EXISTS FOR OMITTING SERVICE OF THE ORDER TO SHOW CAUSE ON THE
 OPPOSING PARTY. THE LOWER COURT'S  ORDER  SUBJECT  TO  REVIEW  SHALL  BE
 STAYED UNTIL THE APPELLATE JUSTICE RENDERS A DECISION.

 S. 7505--A                         35                         A. 9505--A
 
   (C)  THE  ASSIGNMENT OF THE INDIVIDUAL APPELLATE JUSTICE, AND THE MODE
 OF AND PROCEDURE FOR THE REVIEW, ARE DETERMINED BY RULES OF THE INDIVID-
 UAL APPELLATE COURTS. THE APPELLATE JUSTICE MAY  CONSIDER  ANY  RELEVANT
 AND  RELIABLE  INFORMATION  BEARING  ON THE ISSUE, AND MAY DISPENSE WITH
 WRITTEN  BRIEFS  OTHER THAN SUPPORTING AND OPPOSING MATERIALS PREVIOUSLY
 SUBMITTED TO THE LOWER COURT. THE APPELLATE JUSTICE  MAY  DISPENSE  WITH
 THE  ISSUANCE OF A WRITTEN OPINION IN RENDERING HIS OR HER DECISION, AND
 WHEN PRACTICABLE SHALL RENDER DECISION EXPEDITIOUSLY.   SUCH REVIEW  AND
 DECISION  SHALL  NOT  AFFECT  THE  RIGHT OF A DEFENDANT, IN A SUBSEQUENT
 APPEAL FROM A JUDGMENT OF CONVICTION,  TO  CLAIM  AS  ERROR  THE  RULING
 REVIEWED.
   6.  ANY PROTECTIVE ORDER ISSUED UNDER THIS ARTICLE IS A MANDATE OF THE
 COURT FOR PURPOSES OF THE OFFENSE OF CRIMINAL  CONTEMPT  IN  SUBDIVISION
 THREE OF SECTION 215.50 OF THE PENAL LAW.
   §  11.  The  criminal procedure law is amended by adding a new section
 240.51 to read as follows:
 § 240.51 DISCOVERY; RIGHT TO REDACTION.
   1.  ANY  PROPERTY,  MATERIAL,  REPORT  OR  STATEMENT  REQUIRED  TO  BE
 DISCLOSED UNDER THIS ARTICLE MAY BE REDACTED BY THE PROSECUTOR TO ELIMI-
 NATE  INFORMATION, THE DISCLOSURE OF WHICH COULD INTERFERE WITH AN ONGO-
 ING INVESTIGATION OR CASE.
   (A) UPON APPLICATION OF THE DEFENDANT, SUCH REDACTION MAY BE  REVIEWED
 BY THE COURT AND DISCLOSURE MAY BE ORDERED, UNLESS THE PROSECUTOR DEMON-
 STRATES THAT DISCLOSURE OF THE REDACTED INFORMATION COULD INTERFERE WITH
 AN  ONGOING INVESTIGATION OR CASE OR DEMONSTRATES THE NEED FOR ANY OTHER
 PROTECTIVE ORDER. UPON APPLICATION BY EITHER PARTY, THE COURT MAY REVIEW
 ANY SUCH REDACTION IN AN EX PARTE, IN CAMERA, PROCEEDING.  IN  ASSESSING
 WHETHER  THE  PROSECUTOR  DEMONSTRATES  THAT  DISCLOSURE OF THE REDACTED
 INFORMATION COULD INTERFERE WITH AN ONGOING INVESTIGATION OR  CASE,  THE
 COURT MAY CONSIDER:
   (I) THE PENDING CHARGES AGAINST DEFENDANT;
   (II) DEFENDANT'S CHARACTER, REPUTATION;
   (III) DEFENDANT'S CRIMINAL RECORD, IF ANY;
   (IV)  DEFENDANT'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE DELIN-
 QUENT, AS RETAINED PURSUANT TO SECTION 354.2 OF THE  FAMILY  COURT  ACT,
 OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO SECTION
 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
   (V)  WHERE  THE  DEFENDANT IS CHARGED WITH A CRIME OR CRIMES AGAINST A
 MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED  IN  SUBDIVISION  ONE  OF  SECTION  530.11  OF THIS CHAPTER, THE
 FOLLOWING FACTORS:
   (A) ANY VIOLATION BY THE DEFENDANT OF AN  ORDER  OF  PROTECTION  OF  A
 MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, WHETHER OR
 NOT SUCH ORDER OF PROTECTION IS CURRENTLY IN EFFECT; AND
   (B) THE DEFENDANT'S HISTORY OF USE OR POSSESSION OF A FIREARM;
   (VI) THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT IN  THE  PENDING
 CRIMINAL  ACTION AND ANY OTHER FACTOR INDICATING PROBABILITY OR IMPROBA-
 BILITY OF CONVICTION;
   (VII) THE SENTENCE WHICH MAY BE OR HAS BEEN IMPOSED UPON CONVICTION;
   (VIII) WITNESS' DESIRE TO HAVE IDENTITY REMAIN CONFIDENTIAL;
   (IX) WITNESS' ROLE IN THE PROCEEDING;
   (X) PUBLIC SAFETY;
   (XI) DEFENDANT'S AFFILIATION  WITH  ANY  GANGS  OR  ORGANIZATIONS  AND
 WHETHER  THE  GANG  OR  ORGANIZATION HAS ANY HISTORY OF INTERFERING WITH
 WITNESSES OR INTIMIDATING WITNESSES;

 S. 7505--A                         36                         A. 9505--A
 
   (XII) ANY HISTORY OF DEFENDANT, OR THOSE  AFFILIATED  WITH  DEFENDANT,
 INTERFERING WITH WITNESSES OR INTIMIDATING WITNESSES; AND
   (XIII)  DEFENDANT'S  CONSTITUTIONAL  RIGHT  UNDER BOTH THE FEDERAL AND
 STATE CONSTITUTION TO PRESENT A DEFENSE.
   (B) ANY REPORT THAT IS REDACTED PURSUANT TO THIS SUBDIVISION SHALL  SO
 INDICATE,  UNLESS THE COURT ORDERS OTHERWISE, IN THE INTEREST OF JUSTICE
 FOR GOOD CAUSE SHOWN, INCLUDING THE PROTECTION OF WITNESSES OR MAINTAIN-
 ING THE CONFIDENTIALITY OF AN ONGOING INVESTIGATION.
   (C) ANY  PROPERTY,  MATERIAL,  REPORT  OR  STATEMENT  REQUIRED  TO  BE
 DISCLOSED UNDER THIS ARTICLE MAY BE REDACTED BY THE PROSECUTOR TO ELIMI-
 NATE THE NAME, ADDRESS, OR ANY OTHER INFORMATION THAT SERVES TO IDENTIFY
 WITH PARTICULARITY A PERSON SUPPLYING INFORMATION RELATING TO THE CRIMI-
 NAL ACTION OR PROCEEDING AGAINST THE DEFENDANT.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE, LIMIT, EXPAND
 OR  IN ANY WAY AFFECT ANY AUTHORITY THAT THE COURT OTHERWISE MAY HAVE TO
 ORDER PRE-TRIAL DISCLOSURE OF THE IDENTITY OR ADDRESS OF A WITNESS.
   3. UPON MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT  MAY  ALTER
 THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
 GOOD CAUSE.
   §  12. Section 240.60 of the criminal procedure law, as added by chap-
 ter 412 of the laws of 1979, is amended to read as follows:
 § 240.60 Discovery; continuing duty to disclose.
   If, after complying with the provisions of this article  or  an  order
 pursuant  thereto,  a  party finds, either before or during trial, addi-
 tional material subject to discovery or covered by such order, [he]  THE
 PARTY  shall  promptly  MAKE DISCLOSURE OF SUCH MATERIAL AND comply with
 [the demand or order, refuse to comply with the demand where refusal  is
 authorized] THIS ARTICLE, or apply for a protective order.
   §  13.  Subdivision 1 of section 240.70 of the criminal procedure law,
 as added by chapter 412 of the laws of  1979,  is  amended  to  read  as
 follows:
   1.  If,  during  the  course of discovery proceedings, the court finds
 that a party has failed to comply with any of  the  provisions  of  this
 article, the court may order such party to permit discovery of the prop-
 erty  not  previously disclosed, grant a continuance, issue a protective
 order, GRANT AN ADVERSE INFERENCE INSTRUCTION  TO  THE  TRIER  OF  FACT,
 prohibit  the introduction of certain evidence or the calling of certain
 witnesses or take any other appropriate action.
   § 14. Section 240.80 of the criminal procedure law is REPEALED.
   § 15. The penal law is amended by adding a new section 215.07 to  read
 as follows:
 § 215.07 TAMPERING  WITH  OR  INTIMIDATING  A  VICTIM OR WITNESS THROUGH
            SOCIAL MEDIA.
   1. A PERSON IS GUILTY OF TAMPERING WITH OR INTIMIDATING  A  VICTIM  OR
 WITNESS  THROUGH SOCIAL MEDIA WHEN HE OR SHE DISSEMINATES INFORMATION ON
 SOCIAL MEDIA WITH THE INTENT TO INDUCE A WITNESS OR VICTIM:
   (A) TO ABSENT HIMSELF OR HERSELF FROM, OR OTHERWISE TO AVOID  OR  SEEK
 TO AVOID APPEARING AT, PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR
 USE AT, OR TESTIFYING AT A CRIMINAL ACTION OR PROCEEDING; OR
   (B) REFRAIN FROM COMMUNICATING INFORMATION OR PRODUCING RECORDS, DOCU-
 MENTS  OR  OTHER  OBJECTS  TO  ANY COURT, GRAND JURY, PROSECUTOR, POLICE
 OFFICER OR PEACE OFFICER CONCERNING A CRIMINAL TRANSACTION.
   2. SOCIAL MEDIA INCLUDES, BUT IS NOT LIMITED TO FORMS OF COMMUNICATION
 THROUGH WHICH USERS PARTICIPATE IN ONLINE COMMUNITIES TO SHARE  INFORMA-
 TION, IDEAS, PERSONAL MESSAGES, AND OTHER CONTENT.

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   TAMPERING  WITH  OR  INTIMIDATING  A  VICTIM OR WITNESS THROUGH SOCIAL
 MEDIA IS A CLASS A MISDEMEANOR.
   §  16.  Section  215.10  of the penal law, the section heading and the
 closing paragraph as amended by chapter 664 of  the  laws  of  1982,  is
 amended to read as follows:
 § 215.10 Tampering with a witness in the [fourth] FIFTH degree.
   A  person  is  guilty  of tampering with a witness IN THE FIFTH DEGREE
 when, knowing that a person [is or is about  to]  MAY  be  called  as  a
 witness  in an action or proceeding, (a) he OR SHE wrongfully induces or
 attempts to induce such person to absent himself  OR  HERSELF  from,  or
 otherwise  to  avoid  or  seek to avoid appearing AT, PRODUCING RECORDS,
 DOCUMENTS OR OTHER OBJECTS FOR USE AT or testifying at, such  action  or
 proceeding,  or  (b)  he  OR  SHE knowingly makes any false statement or
 practices any fraud or deceit with intent to  affect  the  testimony  of
 such person.
   Tampering  with  a  witness  in the [fourth] FIFTH degree is a class A
 misdemeanor.
   § 17. Section 215.11 of the penal law, as added by chapter 664 of  the
 laws of 1982, is amended to read as follows:
 § 215.11 Tampering with a witness in the [third] FOURTH degree.
   A  person  is guilty of tampering with a witness in the [third] FOURTH
 degree when, knowing that a person [is about to]  MAY  be  called  as  a
 witness in a criminal proceeding:
   1.  He  OR SHE wrongfully compels or attempts to compel such person to
 absent himself from, or otherwise to avoid or seek  to  avoid  appearing
 AT, PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR USE AT or testify-
 ing  at such proceeding by means of instilling in him OR HER a fear that
 the actor will cause physical injury to such person or  another  person;
 or
   2.  He  OR SHE wrongfully compels or attempts to compel such person to
 swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT WITH  THE
 INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT FOR USE IN
 THE ACTION OR PROCEEDING by means of instilling in him  OR  HER  a  fear
 that  the  actor  will  cause  physical injury to such person or another
 person.
   Tampering with a witness in the [third] FOURTH degree  is  a  class  E
 felony.
   §  18. Section 215.12 of the penal law, as added by chapter 664 of the
 laws of 1982, is amended to read as follows:
 § 215.12 Tampering with a witness in the [second] THIRD degree.
   A person is guilty of tampering with a witness in the  [second]  THIRD
 degree when he OR SHE:
   1.  Intentionally  causes  OR  ATTEMPTS  TO CAUSE physical injury to a
 person for the purpose of obstructing, delaying, preventing or  impeding
 the  giving  of  testimony  in  a  criminal proceeding by such person or
 another person or for the purpose of compelling such person  or  another
 person to swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
 WITH  THE  INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT
 FOR USE IN THE ACTION OR PROCEEDING; or
   2. [He intentionally] INTENTIONALLY causes OR ATTEMPTS TO CAUSE  phys-
 ical  injury  to  a  person  on account of such person or another person
 having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
 OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
   Tampering with a witness in the [second] THIRD degree  is  a  class  D
 felony.

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   §  19. Section 215.13 of the penal law, as added by chapter 664 of the
 laws of 1982, is amended to read as follows:
 § 215.13 Tampering with a witness in the [first] SECOND degree.
   A  person  is guilty of tampering with a witness in the [first] SECOND
 degree when:
   1. He OR SHE intentionally causes OR ATTEMPTS TO CAUSE  serious  phys-
 ical  injury  to  a  person  for  the  purpose of obstructing, delaying,
 preventing or impeding the giving of testimony in a criminal  proceeding
 by  such  person or another person or for the purpose of compelling such
 person or another person to swear falsely OR ALTER, DESTROY, MUTILATE OR
 CONCEAL AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILI-
 TY OF THE OBJECT FOR USE IN THE ACTION OR PROCEEDING; or
   2. He OR SHE intentionally causes OR ATTEMPTS TO CAUSE  serious  phys-
 ical  injury  to  a  person  on account of such person or another person
 having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
 OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
   Tampering with a witness in the [first] SECOND degree  is  a  class  B
 felony.
   §  20.  The  penal  law is amended by adding a new section 215.13-a to
 read as follows:
 § 215.13-A TAMPERING WITH A WITNESS IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF TAMPERING WITH A WITNESS  IN  THE  FIRST  DEGREE
 WHEN:
   1.  HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF A
 PERSON FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR  IMPEDING
 THE  GIVING  OF  TESTIMONY  IN  A  CRIMINAL PROCEEDING BY SUCH PERSON OR
 ANOTHER PERSON OR FOR THE PURPOSE OF COMPELLING SUCH PERSON  OR  ANOTHER
 PERSON TO SWEAR FALSELY OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
 WITH  THE  INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT
 FOR USE IN THE ACTION OR PROCEEDING; OR
   2. HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF  A
 PERSON ON ACCOUNT OF SUCH PERSON OR ANOTHER PERSON HAVING TESTIFIED IN A
 CRIMINAL  PROCEEDING OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS FOR
 USE IN A CRIMINAL PROCEEDING.
   TAMPERING WITH A WITNESS IN THE FIRST DEGREE IS A CLASS A-I FELONY.
   § 21. Section 215.15 of the penal law, as added by chapter 667 of  the
 laws of 1985, is amended to read as follows:
 § 215.15 Intimidating a victim or witness in the [third] FOURTH degree.
   A  person is guilty of intimidating a victim or witness in the [third]
 FOURTH degree when, knowing that another  person  possesses  information
 RECORDS,  DOCUMENTS  OR OTHER OBJECTS relating to a criminal transaction
 and other than in the course of that criminal transaction  or  immediate
 flight therefrom, he OR SHE:
   1.  Wrongfully  compels  or  attempts  to  compel such other person to
 refrain from communicating such information OR PRODUCING RECORDS,  DOCU-
 MENTS OR OBJECTS to any court, grand jury, prosecutor, police officer or
 peace  officer  by means of instilling in him a fear that the actor will
 cause physical injury to such other person or another person; or
   2. Intentionally damages the property of such other person or  another
 person for the purpose of compelling such other person or another person
 to  refrain  from  communicating INFORMATION OR PRODUCING RECORDS, DOCU-
 MENTS OR OTHER OBJECTS, or on account of such other  person  or  another
 person having communicated[,] information OR PRODUCED RECORDS, DOCUMENTS
 OR  OTHER  OBJECTS,  relating to that criminal transaction to any court,
 grand jury, prosecutor, police officer or peace officer; OR

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   3. INTENTIONALLY DISTRIBUTES OR POSTS THROUGH THE INTERNET  OR  SOCIAL
 MEDIA,  INCLUDING  ANY FORM OF COMMUNICATION THROUGH WHICH USERS PARTIC-
 IPATE IN  ONLINE  COMMUNITIES  TO  SHARE  INFORMATION,  IDEAS,  PERSONAL
 MESSAGES  AND  OTHER  CONTENT,  COPIES OF A VICTIM OR WITNESS STATEMENT,
 INCLUDING  BUT  NOT  LIMITED TO TRANSCRIPTS OF GRAND JURY TESTIMONY OR A
 WRITTEN STATEMENT GIVEN BY THE VICTIM OR WITNESS DURING THE COURSE OF  A
 CRIMINAL  INVESTIGATION  OR PROCEEDING, OR A VISUAL IMAGE OF A VICTIM OR
 WITNESS OR ANY OTHER PERSON, FOR THE PURPOSE OF COMPELLING A  PERSON  TO
 REFRAIN  FROM  COMMUNICATING,  OR  ON ACCOUNT OF SUCH VICTIM, WITNESS OR
 ANOTHER PERSON HAVING COMMUNICATED, INFORMATION RELATING TO THAT  CRIMI-
 NAL  TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFICER OR
 PEACE OFFICER.
   Intimidating a victim or witness in the [third]  FOURTH  degree  is  a
 class E felony.
   §  22. Section 215.16 of the penal law, as added by chapter 667 of the
 laws of 1985, is amended to read as follows:
 § 215.16 Intimidating a victim or witness in the [second] THIRD degree.
   A person is guilty of intimidating a victim or witness in the [second]
 THIRD degree when, other than in the course of that criminal transaction
 or immediate flight therefrom, he OR SHE:
   1. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
 er person for the purpose of obstructing, delaying, preventing or imped-
 ing the communication by such other person or another person of informa-
 tion OR THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER  OBJECTS  relating
 to  a  criminal transaction to any court, grand jury, prosecutor, police
 officer or peace officer or for the purpose  of  compelling  such  other
 person or another person to swear falsely; or
   2. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
 er  person  on  account  of  such  other person or another person having
 communicated information OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS
 relating to a criminal transaction to any court, grand jury, prosecutor,
 police officer or peace officer; or
   3. Recklessly causes physical  injury  to  another  person  by  inten-
 tionally  damaging  the property of such other person or another person,
 for the purpose of obstructing, delaying, preventing  or  impeding  such
 other  person or another person from communicating OR PRODUCING RECORDS,
 DOCUMENTS OR OTHER OBJECTS, or on account of such other person or anoth-
 er person having communicated[,] information OR PRODUCED RECORDS,  DOCU-
 MENTS OR OTHER OBJECTS, relating to a criminal transaction to any court,
 grand jury, prosecutor, police officer or peace officer.
   Intimidating  a  victim  or  witness in the [second] THIRD degree is a
 class D felony.
   § 23. Section 215.17 of the penal law, as added by chapter 667 of  the
 laws of 1985, is amended to read as follows:
 § 215.17 Intimidating a victim or witness in the [first] SECOND degree.
   A  person is guilty of intimidating a victim or witness in the [first]
 SECOND degree when, other than in the course  of  that  criminal  trans-
 action or immediate flight therefrom, he OR SHE:
   1.  Intentionally  causes OR ATTEMPTS TO CAUSE serious physical injury
 to another person for the purpose of obstructing,  delaying,  preventing
 or  impeding the communication by such other person or another person of
 information OR THE PRODUCTION OF RECORDS,  DOCUMENTS  OR  OTHER  OBJECTS
 relating to a criminal transaction to any court, grand jury, prosecutor,
 police  officer  or  peace officer or for the purpose of compelling such
 other person or another person to swear falsely; or

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   2. Intentionally causes OR ATTEMPTS TO CAUSE serious  physical  injury
 to  another  person  on  account  of such other person or another person
 having communicated information OR PRODUCED RECORDS, DOCUMENTS OR  OTHER
 OBJECTS  relating  to  a  criminal transaction to any court, grand jury,
 prosecutor, police officer or peace officer.
   Intimidating  a  victim  or  witness in the [first] SECOND degree is a
 class B felony.
   § 24. The penal law is amended by adding a new section 215.18 to  read
 as follows:
 § 215.18 INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY OF INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
 DEGREE WHEN, OTHER THAN IN THE COURSE OF THAT  CRIMINAL  TRANSACTION  OR
 IMMEDIATE FLIGHT THEREFROM, HE OR SHE:
   1.  INTENTIONALLY  CAUSES  OR  ATTEMPTS  TO CAUSE THE DEATH OF ANOTHER
 PERSON FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR  IMPEDING
 THE  COMMUNICATION BY SUCH OTHER PERSON OR ANOTHER PERSON OF INFORMATION
 OR THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER OBJECTS RELATING  TO  A
 CRIMINAL  TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFI-
 CER OR PEACE OFFICER OR FOR THE PURPOSE OF COMPELLING SUCH OTHER  PERSON
 OR ANOTHER PERSON TO SWEAR FALSELY; OR
   2.  INTENTIONALLY  CAUSES  OR  ATTEMPTS  TO CAUSE THE DEATH OF ANOTHER
 PERSON ON ACCOUNT OF SUCH OTHER PERSON OR ANOTHER PERSON HAVING COMMUNI-
 CATED INFORMATION OR  PRODUCED  RECORDS,  DOCUMENTS  OR  OTHER  OBJECTS,
 RELATING TO A CRIMINAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR,
 POLICE OFFICER OR PEACE OFFICER.
   INTIMIDATING  A  VICTIM  OR WITNESS IN THE FIRST DEGREE IS A CLASS A-I
 FELONY.
   § 25. The opening paragraph of  paragraph  (b)  of  subdivision  1  of
 section  440.30 of the criminal procedure law, as added by chapter 19 of
 the laws of 2012, is amended to read as follows:
   In conjunction with the filing or consideration of a motion to  vacate
 a  judgment  pursuant  to  section 440.10 of this article by a defendant
 convicted after a trial, in cases where the court has ordered an eviden-
 tiary hearing upon such motion, the court  may  order  that  the  people
 produce  or make available for inspection property, as defined in subdi-
 vision [three] TWO of section 240.10 of this part,  in  its  possession,
 custody,  or  control  that  was secured in connection with the investi-
 gation or prosecution of the defendant upon credible allegations by  the
 defendant  and  a  finding by the court that such property, if obtained,
 would be probative to the determination of defendant's actual innocence,
 and that the request is reasonable. The court shall deny or limit such a
 request upon a finding that such a request, if granted,  would  threaten
 the  integrity  or  chain of custody of property or the integrity of the
 processes or functions of a laboratory conducting DNA  testing,  pose  a
 risk  of  harm, intimidation, embarrassment, reprisal, or other substan-
 tially negative consequences to any person, undermine the  proper  func-
 tions of law enforcement including the confidentiality of informants, or
 on  the  basis of any other factor identified by the court in the inter-
 ests of justice or public safety. The court shall  further  ensure  that
 any property produced pursuant to this paragraph is subject to a protec-
 tive  order,  where  appropriate.  The court shall deny any request made
 pursuant to this paragraph where:
   § 26. Paragraph (a) of subdivision 2 of section 530.60 of the criminal
 procedure law, as amended by chapter 794 of the laws of 1986, is amended
 to read as follows:

 S. 7505--A                         41                         A. 9505--A
 
   (a) Whenever in the course  of  a  criminal  action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance or bail issued pursuant to this arti-
 cle it shall be grounds for revoking such order  that  the  court  finds
 reasonable  cause  to believe the defendant committed one or more speci-
 fied class A or violent felony  offenses  or  intimidated  a  victim  or
 witness  in  violation of sections 215.15, 215.16 [or], 215.17 OR 215.18
 of the penal law while at liberty. Before revoking an order of  recogni-
 zance  or bail pursuant to this subdivision, the court must hold a hear-
 ing and shall receive any  relevant,  admissible  evidence  not  legally
 privileged.  The  defendant  may cross-examine witnesses and may present
 relevant, admissible evidence on his own behalf.  Such  hearing  may  be
 consolidated  with,  and conducted at the same time as, a felony hearing
 conducted pursuant to article one hundred  eighty  of  this  chapter.  A
 transcript of testimony taken before the grand jury upon presentation of
 the  subsequent offense shall be admissible as evidence during the hear-
 ing.  The district attorney may move to introduce grand  jury  testimony
 of a witness in lieu of that witness' appearance at the hearing.
   § 27. Paragraph (c) of subdivision 2 of section 646-a of the executive
 law,  as  added by chapter 67 of the laws of 1994, is amended to read as
 follows:
   (c) the rights of crime victims to be protected from intimidation  and
 to  have  the  court,  where  appropriate,  issue  protective  orders as
 provided in sections 530.12 and 530.13 of the criminal procedure law and
 sections 215.15, 215.16 [and], 215.17 AND 215.18 of the penal law;
   § 28. Paragraph (a) of subdivision 1 of section  70.02  of  the  penal
 law,  as  amended by chapter 368 of the laws of 2015, is amended to read
 as follows:
   (a) Class B violent felony offenses: an attempt to  commit  the  class
 A-I  felonies  of  murder  in  the  second  degree as defined in section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson in the first degree as defined in section 150.20; manslaughter  in
 the  first  degree as defined in section 125.20, aggravated manslaughter
 in the first degree as defined in section  125.22,  rape  in  the  first
 degree  as  defined  in section 130.35, criminal sexual act in the first
 degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
 first  degree  as  defined  in  section 130.70, course of sexual conduct
 against a child in the  first  degree  as  defined  in  section  130.75;
 assault  in the first degree as defined in section 120.10, kidnapping in
 the second degree as defined in section 135.20, burglary  in  the  first
 degree  as  defined  in  section  140.30,  arson in the second degree as
 defined in section 150.15, robbery in the first  degree  as  defined  in
 section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
 subdivision five of section  230.34,  incest  in  the  first  degree  as
 defined  in section 255.27, criminal possession of a weapon in the first
 degree as defined in section 265.04, criminal use of a  firearm  in  the
 first degree as defined in section 265.09, criminal sale of a firearm in
 the first degree as defined in section 265.13, aggravated assault upon a
 police  officer  or  a  peace officer as defined in section 120.11, gang
 assault in the first degree as defined in section 120.07, intimidating a
 victim or witness in the [first] SECOND degree  as  defined  in  section
 215.17,  hindering  prosecution  of  terrorism  in  the  first degree as
 defined in section 490.35, criminal possession of a chemical  weapon  or
 biological weapon in the second degree as defined in section 490.40, and
 criminal  use  of  a  chemical  weapon or biological weapon in the third
 degree as defined in section 490.47.

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   § 29. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.
 
                                  PART E
 
   Section  1.  Subdivisions  4-a,  4-b,  9 and 10 of section 1310 of the
 civil practice law and rules are REPEALED.
   § 2. Subdivision 8 of section 1310  of  the  civil  practice  law  and
 rules,  as  added by chapter 669 of the laws of 1984, is amended to read
 as follows:
   8. "Defendant" means a person against  whom  a  forfeiture  action  is
 commenced  [and  includes  a  "criminal  defendant"  and a "non-criminal
 defendant"].
   § 3. Subdivision 3-a of section 1311 of the  civil  practice  law  and
 rules is REPEALED.
   §  4.  Subdivisions  1,  3,  4, 4-a and 8 of section 1311 of the civil
 practice law and rules, subdivisions 1, 3, 4 and 8 as added  by  chapter
 669  of  the  laws  of  1984,  the opening paragraph of subdivision 1 as
 amended and subparagraph (v) of paragraph (b) and paragraphs (d) and (e)
 of subdivision 3 and subdivision 4-a as added by chapter 655 of the laws
 of 1990, are amended to read as follows:
   1. A civil action may be commenced by the appropriate claiming author-
 ity against a [criminal] defendant to recover the property which consti-
 tutes the proceeds of a crime, the substituted proceeds of a  crime,  an
 instrumentality  of  a  crime  or the real property instrumentality of a
 crime or to recover a money judgment in an amount equivalent in value to
 the property which constitutes the proceeds of a crime, the  substituted
 proceeds of a crime, an instrumentality of a crime, or the real property
 instrumentality  of a crime.  [A civil action may be commenced against a
 non-criminal defendant to recover the  property  which  constitutes  the
 proceeds  of a crime, the substituted proceeds of a crime, an instrumen-
 tality of a crime, or the  real  property  instrumentality  of  a  crime
 provided,  however, that a judgment of forfeiture predicated upon clause
 (A) of subparagraph (iv) of paragraph (b) of  subdivision  three  hereof
 shall be limited to the amount of the proceeds of the crime.] Any action
 under this article must be commenced within five years of the commission
 of the crime and shall be civil, remedial, and in personam in nature and
 shall  not  be  deemed  to  be  a penalty or criminal forfeiture for any
 purpose.  Except  as  otherwise  specially  provided  by  statute,   the
 proceedings  under  this  article  shall be governed by this chapter. An
 action under this article is not a criminal proceeding and  may  not  be
 deemed  to be a previous prosecution under article forty of the criminal
 procedure law.
   [(a) Actions relating to post-conviction forfeiture crimes. An  action
 relating  to  a post-conviction forfeiture crime must be grounded upon a
 conviction of a felony defined in subdivision five of section one  thou-
 sand  three hundred ten of this article, or upon criminal activity aris-
 ing from a common scheme or plan of which such a conviction is  a  part,
 or  upon a count of an indictment or information alleging a felony which
 was dismissed at the time of a plea of guilty to a felony  in  satisfac-
 tion  of  such  count.]  A  court  may  not  grant forfeiture until such
 conviction has occurred. However, an action  may  be  commenced,  and  a
 court  may grant a provisional remedy provided under this article, prior
 to such conviction having occurred.   ANY PROPERTY  SEIZED  PURSUANT  TO
 THIS  SUBDIVISION  SHALL  BE  RETURNED  TO THE DEFENDANT IF THE CRIMINAL
 ACTION DOES NOT TERMINATE IN THE DEFENDANT'S CONVICTION FOR A CRIME.  An

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 action  under  this  paragraph must be dismissed at any time after sixty
 days of the commencement of the action unless the conviction upon  which
 the  action  is  grounded  has occurred, or an indictment or information
 upon  which the asserted conviction is to be based is pending in a supe-
 rior court. An action under this paragraph shall be  stayed  during  the
 pendency of a criminal action which is related to it; provided, however,
 that  such  stay  shall  not  prevent the granting or continuance of any
 provisional remedy provided under this article or any  other  provisions
 of law.
   [(b)  Actions  relating to pre-conviction forfeiture crimes. An action
 relating to a pre-conviction forfeiture crime need not be grounded  upon
 conviction of a pre-conviction forfeiture crime, provided, however, that
 if the action is not grounded upon such a conviction, it shall be neces-
 sary in the action for the claiming authority to prove the commission of
 a  pre-conviction  forfeiture crime by clear and convincing evidence. An
 action under this paragraph shall be stayed during  the  pendency  of  a
 criminal  action which is related to it; provided, that upon motion of a
 defendant in the forfeiture action or the claiming  authority,  a  court
 may, in the interest of justice and for good cause, and with the consent
 of  all  parties,  order  that the forfeiture action proceed despite the
 pending criminal action; and provided that such stay shall  not  prevent
 the  granting  or  continuance  of any provisional remedy provided under
 this article or any other provision of law.]
   3. In a forfeiture action  pursuant  to  this  article  the  following
 burdens of proof shall apply:
   (a)  In a forfeiture action [commenced by a claiming authority against
 a criminal defendant, except for those facts referred  to  in  paragraph
 (b)  of  subdivision  nine of section one thousand three hundred ten and
 paragaph (b) of subdivision one of this section which must be proven  by
 clear  and  convincing  evidence,] the burden shall be upon the claiming
 authority to prove by a preponderance of the evidence the  facts  neces-
 sary to establish a claim for forfeiture.
   (b)  [In a forfeiture action commenced by a claiming authority against
 a non-criminal defendant:
   (i) in an action relating to a pre-conviction  forfeiture  crime,  the
 burden  shall  be  upon  the  claiming  authority  to prove by clear and
 convincing evidence the commission of the crime by a  person,  provided,
 however,  that  it  shall not be necessary to prove the identity of such
 person.
   (ii) if the action relates to the  proceeds  of  a  crime,  except  as
 provided in subparagraph (i) hereof, the burden shall be upon the claim-
 ing  authority  to  prove  by  a preponderance of the evidence the facts
 necessary to establish a claim for forfeiture and that the  non-criminal
 defendant  either  (A)  knew or should have known that the proceeds were
 obtained through the commission of a crime, or (B) fraudulently obtained
 his or her interest in the proceeds to avoid forfeiture.
   (iii) if the action relates to the substituted proceeds  of  a  crime,
 except  as provided in subparagraph (i) hereof, the burden shall be upon
 the claiming authority to prove by a preponderance of the  evidence  the
 facts  necessary  to  establish a claim for forfeiture and that the non-
 criminal defendant either (A) knew that the property sold  or  exchanged
 to  obtain  an interest in the substituted proceeds was obtained through
 the commission of a crime, or  (B)  fraudulently  obtained  his  or  her
 interest in the substituted proceeds to avoid forfeiture.
   (iv) if the action relates to an instrumentality of a crime, except as
 provided  for  in  subparagraph (i) hereof, the burden shall be upon the

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 claiming authority to prove by a preponderance of the evidence the facts
 necessary to establish a claim for forfeiture and that the  non-criminal
 defendant  either (A) knew that the instrumentality was or would be used
 in the commission of a crime or (B) knowingly obtained his or her inter-
 est in the instrumentality to avoid forfeiture.
   (v)  if  the  action  relates  to a real property instrumentality of a
 crime, the burden shall be upon the claiming authority  to  prove  those
 facts  referred to in subdivision four-b of section thirteen hundred ten
 of this article by clear and convincing evidence. The claiming authority
 shall also prove by a clear and convincing evidence that the  non-crimi-
 nal  defendant  knew  that  such  property  was or would be used for the
 commission of specified felony offenses, and either  (A)  knowingly  and
 unlawfully benefitted from such conduct or (B) voluntarily agreed to the
 use  of  such  property  for  the commission of such offenses by consent
 freely given. For purposes of this subparagraph, a non-criminal  defend-
 ant knowingly and unlawfully benefits from the commission of a specified
 felony  offense  when  he  derives in exchange for permitting the use or
 occupancy of such real property by a person or persons  committing  such
 specified  offense a substantial benefit that would otherwise not accrue
 as a result of the lawful use or occupancy of such real property. "Bene-
 fit" means benefit as defined in subdivision seventeen of section  10.00
 of the penal law.
   (c) In a forfeiture action commenced by a claiming authority against a
 non-criminal  defendant  the  following  rebuttable  presumptions  shall
 apply:
   (i) a non-criminal defendant who did not pay  fair  consideration  for
 the  proceeds  of  a  crime,  the substituted proceeds of a crime or the
 instrumentality of a crime shall be presumed to know that such  property
 was  the proceeds of a crime, the substituted proceeds of a crime, or an
 instrumentality of a crime.
   (ii) a non-criminal defendant who obtains an interest in the  proceeds
 of  a  crime, substituted proceeds of a crime or an instrumentality of a
 crime with knowledge of an order of provisional remedy relating to  said
 property issued pursuant to this article, shall be presumed to know that
 such  property  was  the  proceeds of a crime, substituted proceeds of a
 crime, or an instrumentality of a crime.
   (iii) in an action relating to a post-conviction forfeiture  crime,  a
 non-criminal  defendant  who  the claiming authority proves by clear and
 convincing evidence has criminal liability under section  20.00  of  the
 penal  law  for the crime of conviction or for criminal activity arising
 from a common scheme or plan of which such  crime  is  a  part  and  who
 possesses  an  interest in the proceeds, the substituted proceeds, or an
 instrumentality of such criminal activity is presumed to know that  such
 property  was  the  proceeds  of  a crime, the substituted proceeds of a
 crime, or an instrumentality of a crime.
   (iv) a non-criminal defendant who participated in or was  aware  of  a
 scheme  to  conceal  or  disguise  the manner in which said non-criminal
 obtained his or her interest in the proceeds  of  a  crime,  substituted
 proceeds  of  a  crime,  or an instrumentality of a crime is presumed to
 know that such property was the proceeds of  a  crime,  the  substituted
 proceeds of a crime, or an instrumentality of a crime.
   (d)]  In a forfeiture action commenced by a claiming authority against
 a defendant, the  following  rebuttable  presumption  shall  apply:  all
 currency  or  negotiable  instruments  payable  to  the  bearer shall be
 presumed to be the proceeds of a pre-conviction  forfeiture  crime  when
 such currency or negotiable instruments are (i) found in close proximity

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 to  a  controlled  substance unlawfully possessed by the defendant in an
 amount sufficient to constitute a violation of section 220.18 or  220.21
 of  the penal law, or (ii) found in close proximity to any quantity of a
 controlled substance or marihuana unlawfully possessed by such defendant
 in  a  room,  other than a public place, under circumstances evincing an
 intent to unlawfully mix, compound,  distribute,  package  or  otherwise
 prepare for sale such controlled substance or marihuana.
   [(e)] (C) The presumption set forth pursuant to paragraph [(d)] (B) of
 this  subdivision  shall  be  rebutted by credible and reliable evidence
 which tends to show that such currency or negotiable instrument  payable
 to the bearer is not the proceeds of a [preconviction forfeiture] crime.
 In  an  action tried before a jury, the jury shall be so instructed. Any
 sworn testimony of a defendant offered to rebut the presumption and  any
 other evidence which is obtained as a result of such testimony, shall be
 inadmissible  in  any  subsequent  proceeding relating to the forfeiture
 action, or in any other civil or criminal action,  except  in  a  prose-
 cution  for  a violation of article two hundred ten of the penal law. In
 an action tried before a jury, at the commencement of the trial,  or  at
 such  other time as the court reasonably directs, the claiming authority
 shall provide notice to the court and to the defendant of its intent  to
 request that the court charge such presumption.
   4.  The court in which a forfeiture action is pending may dismiss said
 action in the interests of justice upon its own motion or upon an appli-
 cation as provided for herein.
   (a) At any time during the pendency of a forfeiture action, the claim-
 ing authority who instituted the action, or a defendant  may  (i)  apply
 for  an  order  dismissing  the complaint and terminating the forfeiture
 action in the interest of justice, or (ii) may apply for an order limit-
 ing the forfeiture to an amount equivalent in  value  to  the  value  of
 property constituting the proceeds or substituted proceeds of a crime in
 the interest of justice.
   (b)  Such  application for the relief provided in paragraph (a) hereof
 must be made in writing and upon notice to all parties. The  court  may,
 in  its  discretion,  direct  that  notice  be given to any other person
 having an interest in the property.
   (c) An application for the relief provided for in paragraph (a) hereof
 must be brought exclusively in the superior court in which  the  forfei-
 ture action is pending.
   (d) The court may grant the relief provided in paragraph (a) hereof if
 it  finds that such relief is warranted by the existence of some compel-
 ling factor, consideration or circumstance demonstrating that forfeiture
 of the property [of] OR any part thereof, would not serve  the  ends  of
 justice.  Among  the factors, considerations and circumstances the court
 may consider, among others, are:
   (i) the seriousness and circumstances of the crime to which the  prop-
 erty  is connected relative to the impact of forfeiture of property upon
 the person who committed the crime; or
   (ii) the adverse impact of a  forfeiture  of  property  upon  innocent
 persons; or
   (iii)  [the  appropriateness  of a judgment of forfeiture in an action
 relating to pre-conviction forfeiture crime where] THE  LIKELIHOOD  THAT
 the  criminal  proceeding  based  on  the crime to which the property is
 allegedly connected [results] WILL RESULT in an acquittal of the  crimi-
 nal defendant or a dismissal of the accusatory instrument on the merits;
 or

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   (iv)  in the case of an action relating to an instrumentality, whether
 the value of the instrumentality substantially exceeds the value of  the
 property constituting the proceeds or substituted proceeds of a crime.
   (e)  The  court must issue a written decision stating the basis for an
 order issued pursuant to this subdivision.
   4-a. (a) The court in which a forfeiture action relating to real prop-
 erty is pending may, upon its own motion  or  upon  the  motion  of  the
 claiming  authority  which  instituted the action, the defendant, or any
 other person who has a lawful property interest in such property,  enter
 an order:
   (i)  appointing  an  administrator  pursuant  to section seven hundred
 seventy-eight of the real property actions and proceedings law when  the
 owner  of a dwelling is a defendant in such action, and when persons who
 are not defendants in such action lawfully  occupy  one  or  more  units
 within  such dwelling, in order to maintain and preserve the property on
 behalf of such persons or any other person or entity who  has  a  lawful
 property  interest  in  such  property,  or in order to remedy any other
 condition which is dangerous to life, health or safety; or
   (ii) otherwise limiting, modifying or dismissing the forfeiture action
 in order to preserve or protect the lawful  property  interest  of  [any
 non-criminal  defendant  or]  any  other  person who is not a [criminal]
 defendant, or the lawful property interest of a defendant which  is  not
 subject to forfeiture; or
   (iii)  where  such action involves interest in a residential leasehold
 or a statutory tenancy, directing that  upon  entry  of  a  judgment  of
 forfeiture,  the lease or statutory tenancy will be modified as a matter
 of law to terminate only the interest of the  defendant  or  defendants,
 and  to continue the occupancy or tenancy of any other person or persons
 who lawfully reside in such demised premises, with such rights  as  such
 parties  would  otherwise  have  had if the defendant's interest had not
 been forfeited pursuant to this article.
   (b) For purposes of this subdivision the term  "owner"  has  the  same
 meaning  as prescribed for that term in section seven hundred eighty-one
 of the real property actions and proceedings law and the term "dwelling"
 shall mean any building or structure or portion thereof which is princi-
 pally occupied in whole or part as the home, residence or sleeping place
 of one or more human beings.
   8. The total amount that may be recovered by  the  claiming  authority
 against  all  [criminal]  defendants  in  a forfeiture action or actions
 involving the same crime shall not exceed the value of the  proceeds  of
 the  crime  or  substituted  proceeds  of the crime, whichever amount is
 greater, and, in addition, the value of  any  forfeited  instrumentality
 used  in  the crime.   Any such recovery against [criminal defendants] A
 DEFENDANT for the value of the proceeds  of  the  crime  or  substituted
 proceeds  of  the  crime  shall be reduced by an amount which equals the
 value of the same proceeds of the same crime  or  the  same  substituted
 proceeds  of  the  same crime recovered against [all non-criminal] OTHER
 defendants. Any such recovery for the value of an instrumentality  of  a
 crime  shall  be reduced by an amount which equals the value of the same
 instrumentality recovered against any [non-criminal] OTHER defendant.
   [The total amount that  may  be  recovered  against  all  non-criminal
 defendants  in  a  forfeiture action or actions involving the same crime
 shall not exceed the value of the proceeds of the crime or  the  substi-
 tuted  proceeds of the crime, whichever amount is greater, and, in addi-
 tion, the value of any forfeited instrumentality used in the crime.  Any
 such  recovery  against  non-criminal  defendants  for  the value of the

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 proceeds of the crime or substituted proceeds  of  the  crime  shall  be
 reduced by an amount which equals the value of the proceeds of the crime
 or  substituted  proceeds  of  the  crime recovered against all criminal
 defendants.  A  judgment  against  a  non-criminal defendant pursuant to
 clause (A) of subparagraph (iv) of paragraph (b) of subdivision three of
 this section shall be limited to the  amount  of  the  proceeds  of  the
 crime.  Any  recovery  for  the value of an instrumentality of the crime
 shall be reduced by an amount equal to the value of the same  instrumen-
 tality recovered against any criminal defendant.]
   §  5.  Subdivision  11  of  section 1311 of the civil practice law and
 rules is amended by adding a new paragraph (d) to read as follows:
   (D) ANY STIPULATION, SETTLEMENT AGREEMENT, JUDGEMENT, ORDER OF AFFIDA-
 VIT REQUIRED TO BE GIVEN TO  THE  STATE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES PURSUANT TO THIS SUBDIVISION SHALL INCLUDE THE DEFENDANT'S NAME
 AND  SUCH  OTHER  DEMOGRAPHIC  DATA AS REQUIRED BY THE STATE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   § 6. Subdivision 6 of section 220.50 of the criminal procedure law, as
 added by chapter 655 of the laws of 1990, is amended to read as follows:
   6. Where the defendant consents to a plea of guilty to the indictment,
 or part of the indictment, or consents  to  be  prosecuted  by  superior
 court information as set forth in section 195.20 of this chapter, and if
 the  defendant  and  prosecutor agree that as a condition of the plea or
 the superior court information certain property shall  be  forfeited  by
 the  defendant,  the description and present estimated monetary value of
 the property shall be stated in court by the prosecutor at the  time  of
 plea. Within thirty days of the acceptance of the plea or superior court
 information  by the court, the prosecutor shall send to the commissioner
 of the division of criminal justice services a document  containing  the
 name  of  the  defendant, the description and present estimated monetary
 value of the property, ANY OTHER DEMOGRAPHIC DATA  AS  REQUIRED  BY  THE
 DIVISION  OF CRIMINAL JUSTICE SERVICES and the date the plea or superior
 court information was accepted. Any property forfeited by the  defendant
 as  a condition to a plea of guilty to an indictment, or a part thereof,
 or to a superior court information, shall be disposed of  in  accordance
 with  the provisions of section thirteen hundred forty-nine of the civil
 practice law and rules.
   § 7. Subdivision 4 of section 480.10 of the penal  law,  as  added  by
 chapter 655 of the laws of 1990, is amended to read as follows:
   4. The prosecutor shall promptly file a copy of the special forfeiture
 information,  including  the  terms  thereof, with the state division of
 criminal justice services and with  the  local  agency  responsible  for
 criminal justice planning. Failure to file such information shall not be
 grounds  for  any  relief  under this chapter. THE PROSECUTOR SHALL ALSO
 REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES WHEN FILING A COPY OF THE SPECIAL FORFEITURE INFOR-
 MATION WITH THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES.
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to crimes which were  commit-
 ted on or after such date.
 
                                  PART F

   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

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 section 25 of part A of chapter 55 of the laws of 2017,  is  amended  to
 read as follows:
   §  2.  This act shall take effect immediately and shall remain in full
 force and effect until March 31, [2018] 2019, when it shall  expire  and
 be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section  1.  Section  602 of the correction law, as amended by chapter
 891 of the laws of 1962, is amended to read as follows:
   § 602. Expenses of sheriff for transporting prisoners.  For  conveying
 a  prisoner  or  prisoners to a state prison from the county prison, the
 sheriff or person having charge of the same shall be reimbursed for  the
 amount of expenses actually and necessarily incurred by him for railroad
 fare  or  cost  of  other  transportation and for cost of maintenance of
 himself and each prisoner in going to the prison, and for  his  railroad
 fare  or other cost of transportation in returning home, and cost of his
 maintenance while so returning. [The county shall be  reimbursed  for  a
 portion  of  the salary of such sheriff or person for the period, not to
 exceed thirty-six hours, from the commencement  of  transportation  from
 the  county prison to the return of such sheriff or person to the county
 prison, the amount of such reimbursement to be computed by adding to the
 amount of such  salary  the  total  amount  of  the  aforesaid  expenses
 incurred  for  transportation and maintenance and reducing the resulting
 aggregate amount, first, by fifty per centum of  such  aggregate  amount
 and,  second, by the total amount of the aforesaid expenses incurred for
 transportation and maintenance.]
   § 2. This act shall take effect April 1, 2018.
 
                                  PART H
 
   Section 1. Subparagraph (iv) of paragraph  (d)  of  subdivision  1  of
 section  803 of the correction law, as added by section 7 of chapter 738
 of the laws of 2004, is amended to read as follows:
   (iv) Such merit time allowance may be granted when an inmate  success-
 fully  participates  in the work and treatment program assigned pursuant
 to section eight hundred five of  this  article  and  when  such  inmate
 obtains  a  general  equivalency diploma, an alcohol and substance abuse
 treatment certificate, a vocational trade certificate following at least
 six months of  vocational  programming  [or],  performs  at  least  four
 hundred hours of service as part of a community work crew OR SUCCESSFUL-
 LY  COMPLETES  AT LEAST TWO CONSECUTIVE SEMESTERS OF COLLEGE PROGRAMMING
 WITH NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED  AT
 THE  CORRECTIONAL  FACILITY  BY A COLLEGE APPROVED BY THE NEW YORK STATE
 BOARD OF REGENTS.
   Such allowance shall be withheld for any serious disciplinary  infrac-
 tion  or upon a judicial determination that the person, while an inmate,
 commenced or continued a civil action,  proceeding  or  claim  that  was
 found  to  be  frivolous  as defined in subdivision (c) of section eight
 thousand three hundred three-a of the civil practice law and  rules,  or
 an  order of a federal court pursuant to rule 11 of the federal rules of
 civil procedure imposing sanctions in an action commenced by  a  person,
 while an inmate, against a state agency, officer or employee.

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   §  2.  Subparagraph  (iv) of paragraph (d) of subdivision 1 of section
 803 of the correction law, as added by section 10-a of  chapter  738  of
 the laws of 2004, is amended to read as follows:
   (iv)  Such merit time allowance may be granted when an inmate success-
 fully participates in the work and treatment program  assigned  pursuant
 to  section  eight  hundred  five  of  this article and when such inmate
 obtains a general equivalency diploma, an alcohol  and  substance  abuse
 treatment certificate, a vocational trade certificate following at least
 six  months  of  vocational  programming  [or],  performs  at least four
 hundred hours of service as part of a community work crew OR SUCCESSFUL-
 LY COMPLETES AT LEAST TWO CONSECUTIVE SEMESTERS OF  COLLEGE  PROGRAMMING
 WITH  NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED AT
 THE CORRECTIONAL FACILITY BY A COLLEGE APPROVED BY THE  NEW  YORK  STATE
 BOARD OF REGENTS.
   Such  allowance shall be withheld for any serious disciplinary infrac-
 tion or upon a judicial determination that the person, while an  inmate,
 commenced  or  continued  a  civil  action, proceeding or claim that was
 found to be frivolous as defined in subdivision  (c)  of  section  eight
 thousand  three  hundred three-a of the civil practice law and rules, or
 an order of a federal court pursuant to rule 11 of the federal rules  of
 civil  procedure  imposing sanctions in an action commenced by a person,
 while an inmate, against a state agency, officer or employee.
   § 3. Paragraph (c) of subdivision 1 of section 803-b of the correction
 law, as amended by section 1 of part E of chapter  55  of  the  laws  of
 2017, is amended to read as follows:
   (c) "significant programmatic accomplishment" means that the inmate:
   (i) participates in no less than two years of college programming; or
   (ii) obtains a masters of professional studies degree; or
   (iii)  successfully participates as an inmate program associate for no
 less than two years; or
   (iv) receives a certification from the state department of  labor  for
 his or her successful participation in an apprenticeship program; or
   (v)  successfully  works  as  an inmate hospice aid for a period of no
 less than two years; or
   (vi) successfully works in the division  of  correctional  industries'
 optical  program for no less than two years and receives a certification
 as an optician from the American board of opticianry; or
   (vii) receives an asbestos handling certificate from the department of
 labor upon successful completion of the training program and then  works
 in  the  division of correctional industries' asbestos abatement program
 as a hazardous materials removal worker or group leader for no less than
 eighteen months; or
   (viii) successfully completes the course  curriculum  and  passes  the
 minimum  competency  screening  process performance examination for sign
 language interpreter, and then works as a sign language interpreter  for
 deaf inmates for no less than one year; or
   (ix) successfully works in the puppies behind bars program for a peri-
 od of no less than two years; or
   (x)  successfully  participates  in a vocational culinary arts program
 for a period of no less than two years and earns a servsafe  certificate
 that is recognized by the national restaurant association; or
   (xi)  successfully  completes  the  four  hundred ninety hour training
 program while assigned to a department of motor  vehicles  call  center,
 and  continues  to work at such call center for an additional twenty-one
 months; or

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   (xii) receives a certificate from the food  production  center  in  an
 assigned position following the completion of no less than eight hundred
 hours  of work in such position, and continues to work for an additional
 eighteen months at the food production center[.]; OR
   (XIII)  SUCCESSFULLY  COMPLETES  A  COSMETOLOGY  TRAINING  PROGRAM AND
 RECEIVES A LICENSE FROM THE NEW YORK  STATE  DEPARTMENT  OF  STATE,  AND
 THEREAFTER  PARTICIPATES  IN  SUCH  PROGRAM FOR A PERIOD OF NO LESS THAN
 EIGHTEEN MONTHS; OR
   (XIV) SUCCESSFULLY COMPLETES A BARBERING TRAINING PROGRAM AND RECEIVES
 A LICENSE FROM THE NEW YORK STATE DEPARTMENT OF  STATE,  AND  THEREAFTER
 PARTICIPATES  IN  SUCH  PROGRAM  FOR  A  PERIOD OF NO LESS THAN EIGHTEEN
 MONTHS; OR
   (XV) SUCCESSFULLY PARTICIPATES IN A COMPUTER OPERATOR,  GENERAL  BUSI-
 NESS  OR  COMPUTER INFORMATION TECHNOLOGY AND SUPPORT VOCATIONAL PROGRAM
 FOR NO LESS THAN TWO YEARS, AND  EARNS  A  MICROSOFT  OFFICE  SPECIALIST
 CERTIFICATION  FOR  MICROSOFT  WORD,  MICROSOFT  POWERPOINT OR MICROSOFT
 EXCEL, FOLLOWING THE ADMINISTRATION OF AN EXAMINATION; OR
   (XVI) SUCCESSFULLY COMPLETES  THE  THINKING  FOR  A  CHANGE  COGNITIVE
 BEHAVIORAL  TREATMENT PROGRAM WITHIN PHASE TWO OF TRANSITIONAL SERVICES,
 AND THEREAFTER, IS EMPLOYED IN THE WORK RELEASE PROGRAM FOR A PERIOD  OF
 AT LEAST EIGHTEEN MONTHS.
   § 4. This act shall take effect April 1, 2018; provided, however, that
 the amendments to subparagraph (iv) of paragraph (d) of subdivision 1 of
 section  803 of the correction law made by section one of this act shall
 be subject to the expiration and reversion of such section  pursuant  to
 subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
 amended, when upon such date the provisions of section two of  this  act
 shall take effect.
 
                                  PART I
 
   Section  1.  Subdivision  9  of  section  201 of the correction law is
 REPEALED.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART J
 
   Section 1. Notwithstanding any provision of law or  governor's  execu-
 tive  order  to  the  contrary  regarding inmate eligibility by crime of
 commitment, the commissioner of corrections and community supervision is
 hereby authorized to initiate two pilot temporary release programs.
   § 2. The first pilot temporary release  program  shall  be  a  college
 educational  leave  program  for  no  more than fifty inmates at any one
 time, who otherwise would be ineligible due to their  crime  of  commit-
 ment,  and  whereby,  to  be  eligible, an inmate shall not be serving a
 sentence for one or more offenses that would render him or her  ineligi-
 ble for a limited credit time allowance as set forth in section 803-b of
 the  correction  law. In addition, to be eligible, such inmate shall not
 have committed a serious disciplinary infraction, maintained an  overall
 negative  institutional  record,  or  received  a disqualifying judicial
 determination that would render him or  her  ineligible  for  a  limited
 credit  time  allowance  as set forth in section 803-b of the correction
 law, and such inmate shall be eligible for release on parole  or  condi-
 tional  release  within  two  years.  An inmate who participates in this
 pilot program may also be permitted to leave the premises of the  insti-
 tution for the purposes set forth in subdivision 4 of section 851 of the

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 correction law, if otherwise authorized by the department of corrections
 and  community supervision's rules and regulations governing permissible
 furloughs.
   §  3. The second pilot temporary release program shall be a pilot work
 release program for no more than fifty inmates  at  any  one  time,  who
 otherwise  would  be  ineligible  due  to their crime of commitment, and
 whereby, to be eligible, an inmate shall not be serving a  sentence  for
 one  or  more  offenses  that  would  render him or her ineligible for a
 limited credit time allowance as set  forth  in  section  803-b  of  the
 correction  law.  In  addition,  such  inmate shall not have committed a
 serious disciplinary infraction, maintained an overall negative institu-
 tional record, or received a disqualifying judicial  determination  that
 would  render  him or her ineligible for a limited credit time allowance
 as set forth in section 803-b of the correction  law  and,  such  inmate
 shall  be  eligible  for release on parole or conditional release within
 two years. An inmate who participates in the pilot work release  program
 may  also  be permitted to leave the premises of the institution for the
 purposes set forth in subdivision 4 of section  851  of  the  correction
 law,  when  authorized  by  the  department of corrections and community
 supervision's rules and regulations governing permissible furloughs.
   § 4. Prior to March first of each year thereafter, the commissioner of
 corrections and community supervision shall issue a report to the gover-
 nor, the president of the senate and the speaker of the assembly, on the
 status of both pilot programs, which shall include, but not  be  limited
 to,  information  on  those  correctional  facilities  where  the  pilot
 programs are established, information about the total number of  inmates
 who  were  approved  for each of the pilots, whether each inmate partic-
 ipant has been successful or  unsuccessful,  and  information  on  those
 colleges which participate in the educational leave pilot.
   § 5. This act shall take effect April 1, 2018.
 
                                  PART K

   Section  1.  This Part enacts into law major components of legislation
 that remove unnecessary mandatory bars on licensing and  employment  for
 people  with  criminal  convictions in the categories enumerated therein
 and replace them with individualized review processes using the  factors
 set  out  in  article  23-A  of  the correction law, which addresses the
 licensing of such individuals. Each component is wholly contained with a
 Subpart identified as Subparts A through I. Any provision in any section
 contained within a Subpart, including the effective date of the Subpart,
 which makes  reference  to  a  section  "of  this  act",  when  used  in
 connection  with  that particular component, shall be deemed to mean and
 refer to the corresponding section of the Subpart in which it is  found.
 Section three of this Part sets forth the general effective date of this
 Part.

                                 SUBPART A
 
   Section 1. Subdivision 6 of section 369 of the banking law, as amended
 by  chapter 164 of the laws of 2003, paragraph (b) as amended by section
 6 of part LL of chapter 56 of the laws of 2010, is amended  to  read  as
 follows:
   6.  The  superintendent may, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
 THE CORRECTION LAW, refuse to issue a license pursuant to  this  article
 if  he  shall  find that the applicant, or any person who is a director,

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 officer, partner, agent, employee  or  substantial  stockholder  of  the
 applicant,  (a) has been convicted of a crime in any jurisdiction or (b)
 is associating or consorting with any person who  has,  or  persons  who
 have,  been convicted of a crime or crimes in any jurisdiction or juris-
 dictions[; provided, however, that the superintendent  shall  not  issue
 such a license if he shall find that the applicant, or any person who is
 a director, officer, partner, agent, employee or substantial stockholder
 of  the applicant, has been convicted of a felony in any jurisdiction or
 of a crime which, if committed within this  state,  would  constitute  a
 felony  under  the  laws  thereof].  For the purposes of this article, a
 person shall be deemed to have been convicted of a crime if such  person
 shall  have  pleaded guilty to a charge thereof before a court or magis-
 trate, or shall have been found guilty thereof by the decision or  judg-
 ment  of a court or magistrate or by the verdict of a jury, irrespective
 of the pronouncement of sentence or the suspension thereof[, unless such
 plea of guilty, or such decision, judgment or verdict, shall  have  been
 set aside, reversed or otherwise abrogated by lawful judicial process or
 unless  the  person  convicted of the crime shall have received a pardon
 therefor from the president of the United  States  or  the  governor  or
 other  pardoning  authority in the jurisdiction where the conviction was
 had, or shall have received a certificate of relief from disabilities or
 a certificate of good conduct pursuant to article  twenty-three  of  the
 correction  law  to  remove the disability under this article because of
 such conviction]. The term "substantial stockholder," as  used  in  this
 subdivision,  shall be deemed to refer to a person owning or controlling
 ten per centum or more of the total outstanding stock of the corporation
 in which such person is a stockholder. In making a determination  pursu-
 ant to this subdivision, the superintendent shall require fingerprinting
 of  the  applicant. Such fingerprints shall be submitted to the division
 of criminal justice services for a state criminal history record  check,
 as  defined  in subdivision one of section three thousand thirty-five of
 the education law, and may be submitted to the federal bureau of  inves-
 tigation for a national criminal history record check.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  Paragraph  (f)  of subdivision 7 of section 2590-b of the
 education law, as added by chapter 345 of the laws of 2009,  is  amended
 to read as follows:
   (f)  A person [who has been convicted of a felony, or has been removed
 from a city-wide council established pursuant to this section or  commu-
 nity  district  education council for any of the following shall] MAY be
 permanently ineligible for appointment to a city-wide council FOR ANY OF
 THE FOLLOWING:
   (i) an act of malfeasance directly related to his or  her  service  on
 such city-wide council or community district education council; or
   (ii)  conviction  of a crime, if such crime is directly related to his
 or her service upon such city-wide council or community district  educa-
 tion council, OR IF SERVICE UPON SUCH COUNCIL WOULD INVOLVE AN UNREASON-
 ABLE  RISK  TO PROPERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVID-
 UALS OR THE GENERAL PUBLIC.
   § 2. Subdivision 5 of section 2590-c of the education law, as  amended
 by chapter 345 of the laws of 2009, is amended to read as follows:
   5.  No  person  may serve on more than one community council or on the
 city-wide council on special education, the city-wide council on English

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 language learners, or the city-wide council on high schools and a commu-
 nity council. A member of a community council shall be ineligible to  be
 employed  by  the  community council of which he or she is a member, any
 other community council, the city-wide council on special education, the
 city-wide council on English language learners, the city-wide council on
 high schools, or the city board. No person shall be eligible for member-
 ship  on  a  community  council  if  he or she holds any elective public
 office or any elective or appointed party position except that of  dele-
 gate or alternate delegate to a national, state, judicial or other party
 convention, or member of a county committee.
   A person [who has been convicted of a felony, or has been removed from
 a  community  school board, community district education council, or the
 city-wide council on special education, the city-wide council on English
 language learners, or the city-wide council on high schools for  any  of
 the  following  shall]  MAY be permanently ineligible for appointment to
 any community district education council FOR ANY OF THE FOLLOWING:   (a)
 an  act  of  malfeasance  directly  related to his or her service on the
 city-wide council on special education, the city-wide council on English
 language learners, the city-wide  council  on  high  schools,  community
 school  board or community district education council; or (b) conviction
 of a crime, if such crime is directly related to his or her service upon
 the city-wide council on special education,  the  city-wide  council  on
 English language learners, the city-wide council on high schools, commu-
 nity school board or community district education council, OR IF SERVICE
 UPON  SUCH  COUNCIL WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR TO
 THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
   Any decision rendered by the chancellor or the city board with respect
 to the eligibility or  qualifications  of  the  nominees  for  community
 district  education  councils  must  be  written  and made available for
 public inspection within seven days of its issuance at the office of the
 chancellor and the city board. Such written decision shall  include  the
 factual  and  legal  basis  for its issuance and a record of the vote of
 each board member who participated in the decision, if applicable.
   § 3. This act shall take effect immediately, provided that the  amend-
 ments  to  subdivision  7 of section 2590-b of the education law made by
 section one of this act shall not affect the repeal of such  subdivision
 and  shall  be  deemed  repealed  therewith; provided, further, that the
 amendments to subdivision 5 of section 2590-c of the education law  made
 by  section two of this act shall not affect the repeal of such subdivi-
 sion and shall be deemed to repeal therewith.
 
                                 SUBPART C

   Section 1. Clauses 1 and 5  of  paragraph  (c)  of  subdivision  2  of
 section  435 of the executive law, clause 1 as amended by chapter 371 of
 the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
 amended to read as follows:
   (1) a person convicted of a crime [who has not received  a  pardon,  a
 certificate  of  good  conduct or a certificate of relief from disabili-
 ties] IF THERE IS A DIRECT RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE
 PREVIOUS  CRIMINAL  OFFENSES  AND  THE  INTEGRITY  AND  SAFETY OF BINGO,
 CONSIDERING THE FACTORS SET  FORTH  IN  ARTICLE  TWENTY-THREE-A  OF  THE
 CORRECTION LAW;
   (5)  a  firm or corporation in which a person defined in [subdivision]
 CLAUSE (1), (2), (3) or (4) [above]  OF  THIS  PARAGRAPH,  or  a  person
 married  or  related  in  the first degree to such a person, has greater

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 than a ten [per centum] PERCENT proprietary, equitable or credit  inter-
 est or in which such a person is active or employed.
   § 2. This act shall take effect immediately.
 
                                 SUBPART D
 
   Section  1.  Subdivision  1  of  section  130 of the executive law, as
 amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
 graph (g) as separately amended by chapter 232  of  the  laws  2010,  is
 amended to read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his  or  her appointment, be a citizen of the United States and either a
 resident of the state of New York or have an office or place of business
 in New York state. A notary public who is a resident of  the  state  and
 who moves out of the state but still maintains a place of business or an
 office  in  New York state does not vacate his or her office as a notary
 public. A notary public who is a nonresident and who ceases to  have  an
 office  or place of business in this state, vacates his or her office as
 a notary public. A notary public who is a resident of New York state and
 moves out of the state and who does not retain an  office  or  place  of
 business  in  this  state  shall  vacate  his  or her office as a notary
 public. A non-resident who accepts the office of notary public  in  this
 state  thereby  appoints  the secretary of state as the person upon whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant a commission as notary public, unless he or she be an attorney  and
 counsellor  at  law  duly  admitted to practice in this state or a court
 clerk of the unified court system who has been appointed to  such  posi-
 tion  after  taking a civil service promotional examination in the court
 clerk series of titles, the secretary of state shall satisfy himself  or
 herself  that  the  applicant is of good moral character, has the equiv-
 alent of a common school education and is familiar with the  duties  and
 responsibilities  of  a  notary  public; provided, however, that where a
 notary public applies, before the expiration of his  or  her  term,  for
 reappointment  with  the  county  clerk  or where a person whose term as
 notary public shall have expired applies within  six  months  thereafter
 for  reappointment as a notary public with the county clerk, such quali-
 fying requirements may be waived by the secretary of state, and further,
 where an application for reappointment is filed with  the  county  clerk
 after  the  expiration  of the aforementioned renewal period by a person
 who failed or was unable to re-apply by reason of his or  her  induction
 or  enlistment in the armed forces of the United States, such qualifying
 requirements may also be waived by the secretary of state, provided such
 application for reappointment is made within a period of one year  after
 the  military  discharge  of  the  applicant under conditions other than
 dishonorable. In any case,  the  appointment  or  reappointment  of  any
 applicant  is in the discretion of the secretary of state. The secretary
 of state may suspend or remove from office, for misconduct,  any  notary
 public  appointed by him or her but no such removal shall be made unless
 the person who is sought to be removed shall have  been  served  with  a
 copy  of the charges against him or her and have an opportunity of being

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 heard. No person shall be appointed as a notary public under this  arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a [felony or any of the following offenses, to wit:
   (a)  Illegally using, carrying or possessing a pistol or other danger-
 ous weapon; (b) making or possessing burglar's instruments;  (c)  buying
 or  receiving  or  criminally  possessing  stolen property; (d) unlawful
 entry of a building; (e)  aiding  escape  from  prison;  (f)  unlawfully
 possessing  or  distributing habit forming narcotic drugs; (g) violating
 sections two hundred seventy, two hundred seventy-a, two hundred  seven-
 ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
 ty-five,  two  hundred  seventy-six,  five  hundred  fifty, five hundred
 fifty-one, five hundred fifty-one-a and subdivisions six, ten or  eleven
 of  section seven hundred twenty-two of the former penal law as in force
 and effect  immediately  prior  to  September  first,  nineteen  hundred
 sixty-seven,  or violating sections 165.25, 165.30 or subdivision one of
 section 240.30 of the penal law,  or  violating  sections  four  hundred
 seventy-eight,  four  hundred  seventy-nine,  four  hundred eighty, four
 hundred eighty-one, four hundred eighty-four, four  hundred  eighty-nine
 and  four  hundred  ninety-one  of the judiciary law; or (h) vagrancy or
 prostitution, and who has not subsequent to such conviction received  an
 executive  pardon  therefor or a certificate of relief from disabilities
 or a certificate of good conduct pursuant to article twenty-three of the
 correction law to remove the disability under this  section  because  of
 such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
 ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
 CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
 CONVICTIONS DO NOT CONSTITUTE A BAR TO EMPLOYMENT.
   § 2. This act shall take effect immediately.
 
                                 SUBPART E
 
   Section  1.  Paragraphs 1 and 5 of subdivision (a) of section 189-a of
 the general municipal law, as added by chapter 574 of the laws of  1978,
 are amended to read as follows:
   (1)  a  person  convicted of a crime [who has not received a pardon, a
 certificate of good conduct or a certificate of  relief  from  disabili-
 ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
 PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY  OR  SAFETY  OF  CHARITABLE
 GAMING,  CONSIDERING  THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF
 THE CORRECTION LAW;
   (5) a firm or corporation in which a person defined  in  [subdivision]
 PARAGRAPH  (1),  (2), (3) or (4) [above] OF THIS SUBDIVISION has greater
 than a ten [per centum] PERCENT proprietary, equitable or credit  inter-
 est or in which such a person is active or employed.
   §  2.  Paragraph  (a)  of  subdivision 1 of section 191 of the general
 municipal law, as amended by section 15 of part LL of chapter 56 of  the
 laws of 2010, is amended to read as follows:
   (a)  Issuance of licenses to conduct games of chance. If such clerk or
 department [shall determine] DETERMINES:
   (I) that the applicant is duly qualified to  be  licensed  to  conduct
 games of chance under this article;
   (II)  that  the  member  or members of the applicant designated in the
 application to manage games of chance are bona fide  active  members  of
 the  applicant  and  are  persons of good moral character and have never
 been convicted of a crime[, or,] if [convicted, have received a  pardon,
 a  certificate of good conduct or a certificate of relief from disabili-

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 ties pursuant to article twenty-three of the correction law] THERE IS  A
 DIRECT  RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE  PREVIOUS CRIMINAL
 OFFENSES AND THE INTEGRITY OR SAFETY OF CHARITABLE  GAMING,  CONSIDERING
 THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
   (III)  that  such  games  are  to  be conducted in accordance with the
 provisions of this article and in accordance with the  rules  and  regu-
 lations  of  the  [board] GAMING COMMISSION and applicable local laws or
 ordinances and that the proceeds  thereof  are  to  be  disposed  of  as
 provided by this article[,]; and
   [if  such  clerk  or department is satisfied] (IV) that no commission,
 salary, compensation, reward or recompense  whatever  will  be  paid  or
 given  to  any person managing, operating or assisting therein except as
 in this article otherwise provided; [it] THEN SUCH CLERK  OR  DEPARTMENT
 shall  issue  a  license  to  the  applicant for the conduct of games of
 chance upon payment of a license fee of  twenty-five  dollars  for  each
 license period.
   §  3.  Subdivision  9  of section 476 of the general municipal law, as
 amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
 section 16 of part LL of chapter 56 of the laws of 2010, is  amended  to
 read as follows:
   9.  "Authorized commercial lessor" shall mean a person, firm or corpo-
 ration other than a licensee to conduct bingo under  the  provisions  of
 this  article,  who or which [shall own] OWNS or [be] IS a net lessee of
 premises and offer the same for leasing by him, HER or it to an  author-
 ized  organization for any consideration whatsoever, direct or indirect,
 for the purpose of conducting bingo therein, provided that  he,  SHE  or
 it, as the case may be, shall not be
   (a)  a person convicted of a crime [who has not received a pardon or a
 certificate of good conduct or a certificate of relief from disabilities
 pursuant to] IF THERE IS A DIRECT RELATIONSHIP BETWEEN ONE  OR  MORE  OF
 THE  PREVIOUS  CRIMINAL  OFFENSES  AND THE INTEGRITY OR SAFETY OF BINGO,
 CONSIDERING  THE   FACTORS   SET   FORTH   IN   article   [twenty-three]
 TWENTY-THREE-A of the correction law;
   (b)  a  person  who  is or has been a professional gambler or gambling
 promoter or who for other reasons is not of good moral character;
   (c) a public officer who receives any consideration, direct  or  indi-
 rect, as owner or lessor of premises offered for the purpose of conduct-
 ing bingo therein;
   (d)  a  firm or corporation in which a person defined in [subdivision]
 PARAGRAPH (a), (b) or (c)  [above]  OF  THIS  SUBDIVISION  or  a  person
 married or related in the first degree to such a person has greater than
 a  ten [percentum (10%)] PERCENT proprietary, equitable or credit inter-
 est or in which such a person is active or employed.
   Nothing contained in this subdivision shall be construed  to  bar  any
 firm  or  corporation [which] THAT is not organized for pecuniary profit
 and no part of the net earnings of which inure to  the  benefit  of  any
 individual,  member, or shareholder, from being an authorized commercial
 lessor solely because a public officer, or a person married  or  related
 in  the  first  degree to a public officer, is a member of, active in or
 employed by such firm or corporation.
   § 4. Paragraph (a) of subdivision 1 of  section  481  of  the  general
 municipal  law,  as amended by section 5 of part MM of chapter 59 of the
 laws of 2017, is amended to read as follows:
   (a) Issuance of licenses to conduct bingo. If the  governing  body  of
 the municipality determines:

 S. 7505--A                         57                         A. 9505--A

   (I)  that  the  applicant  is duly qualified to be licensed to conduct
 bingo under this article;
   (II)  that  the  member  or members of the applicant designated in the
 application to conduct bingo are bona fide active members  OR  AUXILIARY
 MEMBERS  of  the  applicant  and are persons of good moral character and
 have never been convicted of a crime [or, if convicted, have received  a
 pardon  or a certificate of good conduct or a certificate of relief from
 disabilities pursuant to article twenty-three]  IF  THERE  IS  A  DIRECT
 RELATIONSHIP  BETWEEN  ONE OR MORE OF THE PREVIOUS CRIMINAL OFFENSES AND
 THE INTEGRITY OR SAFETY OF BINGO, CONSIDERING THE FACTORS SET  FORTH  IN
 ARTICLE TWENTY-THREE-A of the correction law;
   (III)  that such games of bingo are to be conducted in accordance with
 the provisions of this article and in  accordance  with  the  rules  and
 regulations of the commission[, and];
   (IV)  that  the  proceeds thereof are to be disposed of as provided by
 this article[, and if the governing body is satisfied];
   (V) that no commission, salary,  compensation,  reward  or  recompense
 [what  so  ever] WHATSOEVER will be paid or given to any person holding,
 operating or conducting or  assisting  in  the  holding,  operation  and
 conduct  of  any such games of bingo except as in this article otherwise
 provided; and
   (VI) that no prize will be offered and given in excess of the  sum  or
 value  of five thousand dollars in any single game OF BINGO and that the
 aggregate of all prizes offered and given in all of such games OF  BINGO
 conducted  on  a  single occasion[,] under said license shall not exceed
 the sum or value of fifteen  thousand  dollars,  then  the  municipality
 shall  issue  a  license  to the applicant for the conduct of bingo upon
 payment of a license fee of eighteen dollars and seventy-five cents  for
 each bingo occasion[; provided, however, that].
   NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY  IN  THIS  PARAGRAPH, the
 governing body shall refuse to issue a license to an  applicant  seeking
 to  conduct bingo in premises of a licensed commercial lessor where such
 governing body determines that the premises presently owned or  occupied
 by  such  applicant  are  in  every  respect  adequate  and suitable for
 conducting bingo games.
   § 5. This act shall take effect immediately.
 
                                 SUBPART F
 
   Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
 insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.
   § 2. This act shall take effect immediately.
 
                                 SUBPART G
 
   Section 1. Section 440-a of the real property law, as amended by chap-
 ter 81 of the laws of 1995, the first undesignated paragraph as  amended
 by  section  23 of part LL of chapter 56 of the laws of 2010, is amended
 to read as follows:
   § 440-a. License required for real estate  brokers  and  salesmen.  No
 person,  co-partnership,  limited liability company or corporation shall
 engage in or follow the business or occupation of, or  hold  himself  or
 itself  out  or  act temporarily or otherwise as a real estate broker or
 real estate salesman in this state without  first  procuring  a  license
 therefor  as  provided in this article. No person shall be entitled to a
 license as a real estate broker under this article, either as  an  indi-

 S. 7505--A                         58                         A. 9505--A
 
 vidual  or as a member of a co-partnership, or as a member or manager of
 a limited liability company or as an officer of a corporation, unless he
 or she is twenty years of age or over, a citizen of the United States or
 an alien lawfully admitted for permanent residence in the United States.
 No person shall be entitled to a license as a real estate salesman under
 this  article  unless  he  or  she is over the age of eighteen years. No
 person shall be entitled to a license as a real estate  broker  or  real
 estate  salesman under this article who has been convicted in this state
 or elsewhere of a [felony, of a sex offense, as defined  in  subdivision
 two  of  section  one hundred sixty-eight-a of the correction law or any
 offense committed outside of this state which  would  constitute  a  sex
 offense,  or a sexually violent offense, as defined in subdivision three
 of section one hundred  sixty-eight-a  of  the  correction  law  or  any
 offense  committed  outside this state which would constitute a sexually
 violent offense, and who has not subsequent to such conviction  received
 executive  pardon  therefor or a certificate of relief from disabilities
 or a certificate of good conduct pursuant to article twenty-three of the
 correction law, to remove the disability under this section  because  of
 such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
 ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
 CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
 CONVICTIONS  DO  NOT  CONSTITUTE  A BAR TO LICENSURE. No person shall be
 entitled to a license as a real estate broker or  real  estate  salesman
 under  this  article who does not meet the requirements of section 3-503
 of the general obligations law.
   Notwithstanding [the above] ANYTHING TO THE CONTRARY IN THIS  SECTION,
 tenant  associations[,]  and  not-for-profit  corporations authorized in
 writing by the commissioner of the department of the city  of  New  York
 charged with enforcement of the housing maintenance code of such city to
 manage  residential  property owned by such city or appointed by a court
 of competent jurisdiction to manage residential property owned  by  such
 city  shall be exempt from the licensing provisions of this section with
 respect to the properties so managed.
   § 2. This act shall take effect immediately.
 
                                 SUBPART H
 
   Section 1. Subdivision 5 of section 336-f of the social services  law,
 as added by section 148 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   5.  The  social  services district shall require every private or not-
 for-profit employer that intends to  hire  one  or  more  work  activity
 participants to certify to the district [that] WHETHER such employer has
 [not], in the past five years, been convicted of a felony or a misdemea-
 nor  the  underlying basis of which involved workplace safety and health
 or  labor  standards.  Such  employer  shall  also  certify  as  to  all
 violations issued by the department of labor within the past five years.
 The social services official in the district in which the participant is
 placed  shall  determine  whether  there  is a pattern of CONVICTIONS OR
 violations sufficient  to  render  the  potential  employer  ineligible.
 Employers  who  submit  false  information  under  this section shall be
 subject to criminal prosecution for filing a false instrument.
   § 2. This act shall take effect immediately.

                                 SUBPART I

 S. 7505--A                         59                         A. 9505--A
 
   Section 1. Subdivision 9 of section 394 of  the  vehicle  and  traffic
 law,  as  separately  renumbered  by chapters 300 and 464 of the laws of
 1960, is amended to read as follows:
   9.  Employees. [No licensee shall knowingly employ, in connection with
 a driving school in any capacity whatsoever, any  person  who  has  been
 convicted  of  a felony, or of any crime involving violence, dishonesty,
 deceit, indecency, degeneracy or moral turpitude]  A  LICENSEE  MAY  NOT
 EMPLOY,  IN CONNECTION WITH A DRIVING SCHOOL IN ANY CAPACITY WHATSOEVER,
 A PERSON WHO HAS BEEN CONVICTED OF A CRIME, IF,  AFTER  CONSIDERING  THE
 FACTORS  SET  FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, THE
 LICENSEE DETERMINES THAT THERE IS  A  DIRECT  RELATIONSHIP  BETWEEN  THE
 CONVICTION  AND  EMPLOYMENT  IN  THE  DRIVING SCHOOL, OR THAT EMPLOYMENT
 WOULD CONSTITUTE AN UNREASONABLE RISK TO PROPERTY OR TO  THE  SAFETY  OF
 STUDENTS,  CUSTOMERS,  OR  EMPLOYEES  OF  THE  DRIVING SCHOOL, OR TO THE
 GENERAL PUBLIC.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through I of this act  shall
 be as specifically set forth in the last section of such Parts.
 
                                  PART L
 
   Section  1. The executive law is amended by adding a new section 259-t
 to read as follows:
   § 259-T. RELEASE ON GERIATRIC PAROLE FOR INMATES WHO ARE  AFFECTED  BY
 AN  AGE-RELATED  DEBILITY.  1.  (A)  THE  BOARD  SHALL HAVE THE POWER TO
 RELEASE ON GERIATRIC PAROLE ANY INMATE WHO IS AT LEAST FIFTY-FIVE  YEARS
 OF AGE, SERVING AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT
 WHO,  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, HAS BEEN CERTIFIED TO
 BE SUFFERING FROM A CHRONIC OR SERIOUS CONDITION, DISEASE, SYNDROME,  OR
 INFIRMITY,  EXACERBATED  BY  AGE,  THAT HAS RENDERED THE INMATE SO PHYS-
 ICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE  ABILITY  TO
 PROVIDE  SELF-CARE  WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS
 SUBSTANTIALLY DIMINISHED, PROVIDED, HOWEVER, THAT NO  INMATE  SERVING  A
 SENTENCE  IMPOSED  UPON  A  CONVICTION  FOR  MURDER IN THE FIRST DEGREE,
 AGGRAVATED MURDER OR AN ATTEMPT OR CONSPIRACY TO COMMIT  MURDER  IN  THE
 FIRST  DEGREE  OR AGGRAVATED MURDER OR A SENTENCE OF LIFE WITHOUT PAROLE
 SHALL BE ELIGIBLE FOR SUCH RELEASE, AND PROVIDED FURTHER THAT NO  INMATE
 SHALL  BE  ELIGIBLE FOR SUCH RELEASE UNLESS IN THE CASE OF AN INDETERMI-
 NATE SENTENCE HE OR SHE HAS SERVED AT  LEAST  ONE-HALF  OF  THE  MINIMUM
 PERIOD  OF  THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR
 SHE HAS SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR  HER  DETERMINATE
 SENTENCE.  SOLELY FOR THE PURPOSE OF DETERMINING GERIATRIC PAROLE ELIGI-
 BILITY PURSUANT TO THIS SECTION, SUCH ONE-HALF OF THE MINIMUM PERIOD  OF
 THE  INDETERMINATE  SENTENCE AND ONE-HALF OF THE TERM OF THE DETERMINATE
 SENTENCE SHALL NOT BE CREDITED WITH ANY TIME SERVED UNDER THE  JURISDIC-
 TION OF THE DEPARTMENT PRIOR TO THE COMMENCEMENT OF SUCH SENTENCE PURSU-

 S. 7505--A                         60                         A. 9505--A
 
 ANT  TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION 70.30 OF THE
 PENAL LAW OR SUBDIVISION TWO-A OF SECTION 70.30 OF THE PENAL LAW, EXCEPT
 TO THE EXTENT AUTHORIZED BY SUBDIVISION THREE OF SECTION  70.30  OF  THE
 PENAL LAW.
   (B)  SUCH  RELEASE  SHALL  BE  GRANTED  ONLY AFTER THE BOARD CONSIDERS
 WHETHER, IN LIGHT OF THE INMATE'S CONDITION, THERE IS A REASONABLE PROB-
 ABILITY THAT THE INMATE, IF RELEASED, WILL LIVE AND  REMAIN  AT  LIBERTY
 WITHOUT  VIOLATING  THE  LAW,  AND THAT SUCH RELEASE IS NOT INCOMPATIBLE
 WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE SERIOUSNESS OF
 THE CRIME AS TO UNDERMINE RESPECT FOR THE LAW, AND SHALL BE  SUBJECT  TO
 THE LIMITS AND CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.
 IN  MAKING THIS DETERMINATION, THE BOARD SHALL CONSIDER: (I) THE FACTORS
 DESCRIBED IN SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
 ARTICLE; (II) THE NATURE OF THE INMATE'S CONDITIONS, DISEASES, SYNDROMES
 OR INFIRMITIES AND THE LEVEL OF CARE;  (III)  THE  AMOUNT  OF  TIME  THE
 INMATE  MUST  SERVE  BEFORE  BECOMING  ELIGIBLE  FOR RELEASE PURSUANT TO
 SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE; (IV) THE  CURRENT  AGE
 OF  THE  INMATE AND HIS OR HER AGE AT THE TIME OF THE CRIME; AND (V) ANY
 OTHER RELEVANT FACTOR.
   (C) THE BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING  COURT,  THE
 DISTRICT  ATTORNEY,  THE  ATTORNEY  FOR  THE INMATE AND, WHERE NECESSARY
 PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF  THIS
 ARTICLE,  THE  CRIME  VICTIM,  THAT  THE  INMATE IS BEING CONSIDERED FOR
 RELEASE PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE  SHALL
 HAVE  THIRTY  DAYS  TO  COMMENT ON THE RELEASE OF THE INMATE. RELEASE ON
 GERIATRIC PAROLE SHALL NOT  BE  GRANTED  UNTIL  THE  EXPIRATION  OF  THE
 COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
   2.  (A)  THE  COMMISSIONER, ON THE COMMISSIONER'S OWN INITIATIVE OR AT
 THE REQUEST OF AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE  OR  ATTORNEY,
 MAY,  IN  THE  EXERCISE OF THE COMMISSIONER'S DISCRETION, DIRECT THAT AN
 INVESTIGATION BE UNDERTAKEN TO DETERMINE WHETHER AN ASSESSMENT SHOULD BE
 MADE OF AN INMATE WHO APPEARS TO BE SUFFERING FROM  CHRONIC  OR  SERIOUS
 CONDITIONS,  DISEASES, SYNDROMES OR INFIRMITIES, EXACERBATED BY ADVANCED
 AGE THAT HAS RENDERED THE INMATE SO PHYSICALLY  OR  COGNITIVELY  DEBILI-
 TATED  OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
 ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  ANY
 SUCH  MEDICAL  ASSESSMENT SHALL BE MADE BY A PHYSICIAN LICENSED TO PRAC-
 TICE MEDICINE IN THIS STATE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWEN-
 TY-FOUR OF THE EDUCATION LAW. SUCH PHYSICIAN SHALL EITHER BE EMPLOYED BY
 THE DEPARTMENT, SHALL RENDER PROFESSIONAL SERVICES AT THE REQUEST OF THE
 DEPARTMENT, OR SHALL BE EMPLOYED BY A HOSPITAL OR MEDICAL FACILITY  USED
 BY  THE  DEPARTMENT FOR THE MEDICAL TREATMENT OF INMATES. THE ASSESSMENT
 SHALL BE REPORTED TO THE COMMISSIONER BY WAY OF THE DEPUTY  COMMISSIONER
 FOR  HEALTH  SERVICES  OR  THE CHIEF MEDICAL OFFICER OF THE FACILITY AND
 SHALL INCLUDE BUT SHALL NOT BE LIMITED TO A DESCRIPTION  OF  THE  CONDI-
 TIONS,  DISEASES  OR  SYNDROMES  SUFFERED  BY  THE  INMATE,  A PROGNOSIS
 CONCERNING THE LIKELIHOOD THAT THE INMATE WILL  NOT  RECOVER  FROM  SUCH
 CONDITIONS,  DISEASES  OR SYNDROMES, A DESCRIPTION OF THE INMATE'S PHYS-
 ICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A PREDICTION RESPECTING
 THE LIKELY DURATION OF THE INCAPACITY, AND A STATEMENT BY THE  PHYSICIAN
 OF  WHETHER  THE  INMATE  IS  SO  DEBILITATED  OR INCAPACITATED AS TO BE
 SEVERELY RESTRICTED IN HIS OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM
 SIGNIFICANT ACTIVITIES OF  DAILY  LIVING.  THIS  ASSESSMENT  ALSO  SHALL
 INCLUDE  A RECOMMENDATION OF THE TYPE AND LEVEL OF SERVICES AND LEVEL OF
 CARE THE INMATE WOULD REQUIRE IF GRANTED GERIATRIC PAROLE AND  A  RECOM-

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 MENDATION  FOR THE TYPES OF SETTINGS IN WHICH THE SERVICES AND TREATMENT
 SHOULD BE GIVEN.
   (B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
 ASSESSMENT  AND  MAY CERTIFY THAT THE INMATE IS SUFFERING FROM A CHRONIC
 OR SERIOUS CONDITION, DISEASE, SYNDROME  OR  INFIRMITY,  EXACERBATED  BY
 AGE,  THAT  HAS RENDERED THE INMATE SO PHYSICALLY OR COGNITIVELY DEBILI-
 TATED OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN  THE
 ENVIRONMENT  OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  IF
 THE COMMISSIONER DOES NOT SO  CERTIFY  THEN  THE  INMATE  SHALL  NOT  BE
 REFERRED TO THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE.
 IF THE COMMISSIONER DOES SO CERTIFY, THEN THE COMMISSIONER SHALL, WITHIN
 SEVEN  WORKING  DAYS  OF RECEIPT OF SUCH ASSESSMENT, REFER THE INMATE TO
 THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE. HOWEVER, AN
 INMATE WILL NOT BE REFERRED TO THE BOARD OF PAROLE WITH DISEASES, CONDI-
 TIONS, SYNDROMES OR INFIRMITIES THAT  PRE-EXISTED  INCARCERATION  UNLESS
 CERTIFIED  BY  A  PHYSICIAN THAT SUCH DISEASES, CONDITIONS, SYNDROMES OR
 INFIRMITIES, HAVE PROGRESSED TO  RENDER  THE  INMATE  SO  PHYSICALLY  OR
 COGNITIVELY  DEBILITATED  OR  INCAPACITATED  THAT THE ABILITY TO PROVIDE
 SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS  SUBSTAN-
 TIALLY DIMINISHED.
   3.  ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
 NEE PURSUANT TO THIS SECTION SHALL BE DEEMED  A  JUDICIAL  FUNCTION  AND
 SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
   4.  (A)  ONCE AN INMATE IS RELEASED ON GERIATRIC PAROLE, THAT RELEASEE
 WILL THEN BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARAGRAPH  (B)  OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
   (B)  THE  BOARD  MAY  REQUIRE  AS  A CONDITION OF RELEASE ON GERIATRIC
 PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF  A  PHYSICIAN
 WHILE  ON  GERIATRIC  PAROLE  AND  IN A HOSPITAL ESTABLISHED PURSUANT TO
 ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, NURSING HOME  ESTABLISHED
 PURSUANT  TO  ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW, A HOSPICE
 ESTABLISHED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH  LAW  OR  ANY
 OTHER  PLACEMENT,  INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN
 PROVIDE APPROPRIATE MEDICAL AND OTHER NECESSARY GERIATRIC CARE AS RECOM-
 MENDED BY THE MEDICAL ASSESSMENT REQUIRED BY  SUBDIVISION  TWO  OF  THIS
 SECTION.  FOR  THOSE  WHO  ARE  RELEASED PURSUANT TO THIS SUBDIVISION, A
 DISCHARGE PLAN SHALL BE COMPLETED AND STATE THAT THE AVAILABILITY OF THE
 PLACEMENT HAS BEEN CONFIRMED, AND BY  WHOM.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  WHEN AN INMATE WHO QUALIFIES FOR RELEASE UNDER THIS
 SECTION IS COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE  DOCUMENTATION
 TO  EFFECTUATE THE DISCHARGE PLAN AND, AFTER A DILIGENT SEARCH NO PERSON
 HAS BEEN IDENTIFIED WHO COULD OTHERWISE BE  APPOINTED  AS  THE  INMATE'S
 GUARDIAN  BY  A  COURT  OF  COMPETENT JURISDICTION, THEN, SOLELY FOR THE
 PURPOSE OF IMPLEMENTING THE DISCHARGE PLAN, THE FACILITY HEALTH SERVICES
 DIRECTOR AT THE FACILITY WHERE  THE  INMATE  IS  CURRENTLY  INCARCERATED
 SHALL  BE  LAWFULLY  EMPOWERED  TO  ACT AS THE INMATE'S GUARDIAN FOR THE
 PURPOSE OF EFFECTUATING THE DISCHARGE.
   (C) WHERE APPROPRIATE, THE BOARD  SHALL  REQUIRE  AS  A  CONDITION  OF
 RELEASE  THAT GERIATRIC PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS AT
 REDUCED SUPERVISION RATIOS.
   5. A DENIAL OF RELEASE ON GERIATRIC  PAROLE  SHALL  NOT  PRECLUDE  THE
 INMATE  FROM  REAPPLYING  FOR  GERIATRIC  PAROLE  OR OTHERWISE AFFECT AN
 INMATE'S ELIGIBILITY FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY LAW.
   6. TO THE EXTENT THAT ANY PROVISION OF THIS SECTION  REQUIRES  DISCLO-
 SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
 OR  MAKING  A DECISION, REGARDING RELEASE ON GERIATRIC PAROLE OR FOR THE

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 PURPOSE OF APPROPRIATELY SUPERVISING  A  PERSON  RELEASED  ON  GERIATRIC
 PAROLE,  AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE PROHIBITED BY ARTI-
 CLE TWENTY-SEVEN-F OF THAT PUBLIC HEALTH LAW,  THE  PROVISIONS  OF  THIS
 SECTION SHALL BE CONTROLLING.
   7.  THE COMMISSIONER AND THE CHAIR OF THE BOARD SHALL BE AUTHORIZED TO
 PROMULGATE RULES AND REGULATIONS FOR THEIR RESPECTIVE AGENCIES TO IMPLE-
 MENT THE PROVISIONS OF THIS SECTION.
   8. ANY DECISION MADE BY THE BOARD PURSUANT  TO  THIS  SECTION  MAY  BE
 APPEALED  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION TWO  HUNDRED FIFTY-
 NINE-I OF THIS ARTICLE.
   9. THE CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE  GOVERNOR,  THE
 TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, THE
 CHAIRPERSONS OF THE ASSEMBLY AND SENATE  CODES  COMMITTEES,  THE  CHAIR-
 PERSON  OF  THE  SENATE  CRIME AND CORRECTIONS COMMITTEE, AND THE CHAIR-
 PERSON OF THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF  INMATES  WHO
 HAVE  APPLIED  FOR  GERIATRIC  PAROLE UNDER THIS SECTION; THE NUMBER WHO
 HAVE BEEN GRANTED GERIATRIC PAROLE; THE NATURE OF  THE  ILLNESS  OF  THE
 APPLICANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE
 OF  THE  PLACEMENT  PURSUANT  TO  THE  DISCHARGE PLAN; THE CATEGORIES OF
 REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
 EES ON GERIATRIC PAROLE WHO HAVE BEEN RETURNED TO  IMPRISONMENT  IN  THE
 CUSTODY OF THE DEPARTMENT AND THE REASONS FOR RETURN.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART M
 
   Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
 law, as amended by section 1 of part C of chapter  57  of  the  laws  of
 2016, is amended to read as follows:
   (b)  The  sum  of  one  million  five hundred thousand dollars must be
 deposited into the New York state emergency services revolving loan fund
 annually; provided, however, that such sums shall not be  deposited  for
 state  fiscal  years two thousand eleven--two thousand twelve, two thou-
 sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
 fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
 sixteen--two thousand seventeen [and], two thousand seventeen--two thou-
 sand eighteen, TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN  AND  TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY;
   § 2. This act shall take effect April 1, 2018.
 
                                  PART N
 
   Section  1. The executive law is amended by adding a new section 216-e
 to read as follows:
   § 216-E.  SUBPOENA  AUTHORITY  FOR  INVESTIGATIONS  OF  ONLINE  SEXUAL
 OFFENSES  AGAINST  MINORS.  1.  EXCEPT AS PROVIDED IN SUBDIVISION TWO OF
 THIS SECTION, IN ANY INVESTIGATION WHERE A MINOR IS A  POTENTIAL  VICTIM
 OF  ANY  OFFENSE  SPECIFIED  IN ARTICLES TWO HUNDRED THIRTY, TWO HUNDRED
 THIRTY-FIVE, OR TWO HUNDRED SIXTY-THREE  OF  THE  PENAL  LAW,  AND  UPON
 REASONABLE  CAUSE  TO BELIEVE THAT AN INTERNET SERVICE ACCOUNT OR ONLINE
 IDENTIFIER HAS BEEN USED IN THE COMMISSION OF SUCH OFFENSE,  THE  SUPER-
 INTENDENT  OF  THE  STATE  POLICE AND/OR THE SUPERINTENDENT'S AUTHORIZED
 DESIGNEE SHALL HAVE THE AUTHORITY TO ISSUE IN WRITING AND  CAUSE  TO  BE
 SERVED  AN  ADMINISTRATIVE  SUBPOENA REQUIRING THE PRODUCTION OF RECORDS
 AND TESTIMONY RELEVANT TO THE INVESTIGATION OF SUCH  OFFENSE,  INCLUDING

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 THE  FOLLOWING  INFORMATION  RELATED TO THE SUBSCRIBER OR CUSTOMER OF AN
 INTERNET SERVICE ACCOUNT OR ONLINE IDENTIFIER:
   (A) NAME;
   (B) INTERNET USERNAME;
   (C) BILLING AND SERVICE ADDRESS;
   (D) ELECTRONIC MAIL ADDRESS;
   (E) INTERNET PROTOCOL ADDRESS;
   (F) TELEPHONE NUMBER OF ACCOUNT HOLDER;
   (G) METHOD OF ACCESS TO THE INTERNET;
   (H)  LOCAL  AND LONG DISTANCE TELEPHONE CONNECTION RECORDS, OR RECORDS
 OF SESSION TIMES AND DURATIONS;
   (I) TELEPHONE OR INSTRUMENT NUMBER OR OTHER SUBSCRIBER NUMBER OR IDEN-
 TITY, INCLUDING ANY TEMPORARILY ASSIGNED NETWORK ADDRESS;
   (J) ACCOUNT STATUS;
   (K) LENGTH OF SERVICE, INCLUDING START  DATE,  AND  TYPES  OF  SERVICE
 UTILIZED;
   (L) MEANS AND SOURCE OF PAYMENT FOR SUCH SERVICE, INCLUDING ANY CREDIT
 CARD OR BANK ACCOUNT NUMBER.
   2. THE FOLLOWING INFORMATION SHALL NOT BE SUBJECT TO DISCLOSURE PURSU-
 ANT TO AN ADMINISTRATIVE SUBPOENA ISSUED UNDER THIS SECTION:
   (A) THE CONTENTS OF STORED OR IN-TRANSIT ELECTRONIC COMMUNICATIONS;
   (B)  ACCOUNT MEMBERSHIPS RELATED TO INTERNET GROUPS, NEWSGROUPS, MAIL-
 ING LISTS, OR SPECIFIC AREAS OF INTEREST;
   (C) ACCOUNT PASSWORDS; AND
   (D) ACCOUNT CONTENT, INCLUDING ELECTRONIC MAIL IN  ANY  FORM,  ADDRESS
 BOOKS,  CONTACTS, FINANCIAL RECORDS, WEB SURFING HISTORY, INTERNET PROXY
 CONTENT, AND FILES OR OTHER DIGITAL DOCUMENTS STORED WITH THE ACCOUNT OR
 PURSUANT TO USE OF THE ACCOUNT.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART O
 
   Section  1.  The  state finance law is amended by adding a new section
 99-bb to read as follows:
   § 99-BB. ARMORY RENTAL ACCOUNT.  1.  NOTWITHSTANDING  SECTIONS  EIGHT,
 EIGHT-A AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE,
 REGULATION  OR  PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION AND FINANCE AN ARMORY RENTAL ACCOUNT FUND, WHICH SHALL  CONSIST  OF
 ALL  MONEYS PAID AS RENT PURSUANT TO SECTION ONE HUNDRED EIGHTY-THREE OF
 THE MILITARY LAW.
   2. MONEYS WITHIN THE ARMORY RENTAL ACCOUNT SHALL BE AVAILABLE  TO  THE
 ADJUTANT GENERAL FOR SERVICES AND EXPENSES OF THE OFFICE RELATING TO THE
 DIRECT MAINTENANCE AND OPERATION OF ARMORIES.
   §  2.  Subdivision 5 of section 183 of the military law, as amended by
 section 1 of part C of chapter 152 of the laws of 2001,  is  amended  to
 read as follows:
   5.  All moneys paid as rent as provided in this section, together with
 all sums paid to cover expenses of heating and lighting, shall be trans-
 mitted by the officer in charge and control of the  armory  through  the
 adjutant general to the state treasury for deposit to the [miscellaneous
 special  revenue  fund  -  339]  AGENCIES  ENTERPRISE FUND armory rental
 account.
   § 3. Section 3 of part C of chapter 152 of the laws of  2001  amending
 the military law relating to military funds of the organized militia, as

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 amended  by  section  23 of part A of chapter 55 of the laws of 2017, is
 amended to read as follows:
   §  3. This act shall take effect [on the same date as the reversion of
 subdivision 5 of section 183 and subdivision 1 of  section  221  of  the
 military  law  as  provided  by section 76 of chapter 435 of the laws of
 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
 standing this act shall be deemed to have been in full force and  effect
 on  and  after  July  31, 2005 and shall remain in full force and effect
 until September 1, 2019 when upon such date this act shall expire] IMME-
 DIATELY; PROVIDED HOWEVER THAT THE AMENDMENTS MADE TO SUBDIVISION  1  OF
 SECTION  221 OF THE MILITARY LAW BY SECTION TWO OF THIS ACT SHALL EXPIRE
 AND BE DEEMED REPEALED SEPTEMBER 1, 2019.
   § 4. This act shall take effect immediately; provided,  however,  that
 sections one and two of this act shall take effect April 1, 2018.
 
                                  PART P
 
   Section  1.  Paragraph  (f)  of  subdivision 3 of section 30.10 of the
 criminal procedure law, as separately amended by chapters 3 and  320  of
 the laws of 2006, is amended to read as follows:
   (f) [For purposes of a] (I) A prosecution involving a [sexual] SEXUAL-
 LY  RELATED  offense  [as  defined  in article one hundred thirty of the
 penal law, other than a sexual offense delineated in  paragraph  (a)  of
 subdivision  two  of  this section,] committed against a child less than
 eighteen years of age, [incest in the first, second or third  degree  as
 defined in sections 255.27, 255.26 and 255.25 of the penal law committed
 against  a child less than eighteen years of age, or use of a child in a
 sexual performance as defined in section 263.05 of the penal  law,]  AND
 WHICH  IS A FELONY, MAY BE COMMENCED AT ANY TIME. FOR ALL OTHER SEXUALLY
 RELATED OFFENSES the period of limitation shall not begin to  run  until
 the  child has reached the age of eighteen or the offense is reported to
 a law enforcement agency or statewide central register  of  child  abuse
 and maltreatment, whichever occurs earlier.
    (II) FOR PURPOSES OF THIS PARAGRAPH, A SEXUALLY RELATED OFFENSE SHALL
 MEAN ANY OFFENSE LISTED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED THIR-
 TY,  TWO  HUNDRED  THIRTY-FIVE,  TWO  HUNDRED FORTY-FIVE, OR TWO HUNDRED
 SIXTY-THREE OF THE PENAL LAW,  OR  SECTIONS  120.70  (LURING  A  CHILD),
 240.37  (LOITERING  FOR  THE  PURPOSES  OF  ENGAGING  IN  A PROSTITUTION
 OFFENSE), 250.45 (UNLAWFUL SURVEILLANCE IN THE  SECOND  DEGREE),  250.50
 (UNLAWFUL  SURVEILLANCE  IN  THE  FIRST DEGREE), 255.15 (BIGAMY), 255.25
 (INCEST IN THE THIRD DEGREE), 255.26  (INCEST  IN  THE  SECOND  DEGREE),
 255.27  (INCEST  IN THE FIRST DEGREE), SUBDIVISION ONE OF SECTION 260.20
 (UNLAWFULLY DEALING WITH A CHILD IN THE FIRST  DEGREE),  OR  SUBDIVISION
 FOUR  OF SECTION 260.32 (ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY
 PERSON, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON  IN  THE  SECOND
 DEGREE) OF THE PENAL LAW.
   §  2.  Subdivision  8 of section 50-e of the general municipal law, as
 amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
 follows:
   8.  Inapplicability  of  section.  (A) This section shall not apply to
 claims arising under the provisions of the  workers'  compensation  law,
 the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
 workers' benefit law or to claims against public corporations  by  their
 own infant wards.
   (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY CLAIM MADE FOR PHYSICAL,
 PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF

 S. 7505--A                         65                         A. 9505--A
 
 CONDUCT  THAT  WOULD  CONSTITUTE A SEXUALLY RELATED OFFENSE AS STATED IN
 SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION 30.10
 OF THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN  EIGH-
 TEEN  YEARS  OF AGE, INCLUDING ANY CLAIMS AGAINST AN ENTITY AT WHICH THE
 PERSON WHO COMMITTED THE CONDUCT WAS EMPLOYED, VOLUNTEERED, OR SIMILARLY
 ENGAGED.
   § 3. Section 50-i of the general municipal law is amended by adding  a
 new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
 FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL,  OR  OTHER
 INJURY  OR  CONDITION SUFFERED AS A RESULT OF CONDUCT THAT WOULD CONSTI-
 TUTE A SEXUALLY RELATED OFFENSE AS STATED IN SUBPARAGRAPH (II) OF  PARA-
 GRAPH  (F)  OF SUBDIVISION THREE OF SECTION 30.10 OF THE CRIMINAL PROCE-
 DURE LAW COMMITTED AGAINST A CHILD LESS  THAN  EIGHTEEN  YEARS  OF  AGE,
 INCLUDING ANY CLAIMS AGAINST AN ENTITY AT WHICH THE PERSON WHO COMMITTED
 THE CONDUCT WAS EMPLOYED, VOLUNTEERED, OR SIMILARLY ENGAGED.
   §  4. Section 10 of the court of claims act is amended by adding a new
 subdivision 10 to read as follows:
   10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL NOT APPLY TO ANY  CLAIM  MADE  AGAINST  THE  STATE  FOR  PHYSICAL,
 PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF
 CONDUCT THAT WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE  AS  STATED  IN
 SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION 30.10
 OF  THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN EIGH-
 TEEN YEARS OF AGE, INCLUDING ANY CLAIMS AGAINST AN ENTITY AT  WHICH  THE
 PERSON WHO COMMITTED THE CONDUCT WAS EMPLOYED, VOLUNTEERED, OR SIMILARLY
 ENGAGED.
   § 5. Subdivision 2 of section 3813 of the education law, as amended by
 chapter 346 of the laws of 1978, is amended to read as follows:
   2.  Notwithstanding anything to the contrary hereinbefore contained in
 this section, no action or special proceeding founded upon tort shall be
 prosecuted or maintained against  any  of  the  parties  named  in  this
 section  or against any teacher or member of the supervisory or adminis-
 trative staff or employee where the alleged tort was committed  by  such
 teacher  or  member  or  employee  acting in the discharge of his duties
 within the scope of his employment and/or under  the  direction  of  the
 board of education, trustee or trustees, or governing body of the school
 unless  a  notice of claim shall have been made and served in compliance
 with section fifty-e of the general municipal law.   Every  such  action
 shall  be commenced pursuant to the provisions of section fifty-i of the
 general municipal law, PROVIDED, HOWEVER, THAT THIS  SECTION  SHALL  NOT
 APPLY  TO ANY CLAIM MADE AGAINST A SCHOOL (PUBLIC, PRIVATE, OR CHARTER),
 A SCHOOL DISTRICT, OR ANY EMPLOYEE OF SUCH SCHOOL OR DISTRICT, FOR PHYS-
 ICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS  A  RESULT
 OF CONDUCT THAT WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE AS STATED IN
 SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION 30.10
 OF  THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN EIGH-
 TEEN YEARS OF AGE, INCLUDING ANY CLAIMS AGAINST AN ENTITY AT  WHICH  THE
 PERSON WHO COMMITTED THE CONDUCT WAS EMPLOYED, VOLUNTEERED, OR SIMILARLY
 ENGAGED.
   §  6.  Section  213-c of the civil practice law and rules, as added by
 chapter 3 of the laws of 2006, is amended to read as follows:
   § 213-c. Action by victim of  conduct  constituting  certain  [sexual]
 SEXUALLY  RELATED  offenses. 1. Notwithstanding any other limitation set
 forth in this article, a civil claim or cause of action to recover  from

 S. 7505--A                         66                         A. 9505--A
 
 a  defendant  as hereinafter defined, for ANY CLAIM RELATED TO THE phys-
 ical, psychological or other injury or condition suffered by a person as
 a result of acts by such defendant  of  rape  in  the  first  degree  as
 defined  in  section  130.35 of the penal law, or criminal sexual act in
 the first degree as defined in section  130.50  of  the  penal  law,  or
 aggravated sexual abuse in the first degree as defined in section 130.70
 of  the  penal  law,  or course of sexual conduct against a child in the
 first degree as defined in section 130.75 of the penal law,  OR  CONDUCT
 BY  AN  INDIVIDUAL  THAT  WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE AS
 STATED IN SUBPARAGRAPH (II) OF PARAGRAPH (F)  OF  SUBDIVISION  THREE  OF
 SECTION  30.10 OF THE CRIMINAL PROCEDURE LAW may be [brought within five
 years] COMMENCED WITHIN FIFTY YEARS OF THE COMMISSION OF THE ACT CONSTI-
 TUTING THE SEXUALLY RELATED OFFENSE.  As used in this section, the  term
 "defendant"  shall mean [only a person who commits the acts described in
 this section or who, in a criminal proceeding,  could  be  charged  with
 criminal  liability  for the commission of such acts pursuant to section
 20.00 of the penal law and shall not apply to any related civil claim or
 cause of action arising from such acts] A PERSON WHO COMMITS A  SEXUALLY
 RELATED  OFFENSE,  AS WELL AS A PUBLIC CORPORATION, MUNICIPALITY, SCHOOL
 (PUBLIC, PRIVATE, OR CHARTER), PARTNERSHIP, CORPORATION, ASSOCIATION, OR
 ANY OTHER ENTITY OF WHICH THE PERSON WAS, AT THE TIME OF THE CONDUCT, AN
 EMPLOYEE, VOLUNTEER, OR ANY OTHER INDIVIDUAL FOR  WHOM  SUCH  ENTITY  IS
 RESPONSIBLE.  Nothing in this section shall be construed to require that
 a criminal charge be brought or a criminal conviction be obtained  as  a
 condition of bringing a civil cause of action or receiving a civil judg-
 ment pursuant to this section or be construed to require that any of the
 rules  governing  a  criminal proceeding be applicable to any such civil
 action.
   2. IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE BURDEN SHALL  BE
 ON  THE  PLAINTIFF  TO PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT THE
 ACTS CONSTITUTING THE SEXUALLY RELATED OFFENSE  WERE  COMMITTED  BY  THE
 DEFENDANT.
   §  7.  The  civil  practice  law  and rules is amended by adding a new
 section 214-g to read as follows:
   §  214-G.  CERTAIN  CHILD  SEXUAL  ABUSE  CASES.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW  THAT IMPOSES A PERIOD OF LIMITATION TO THE CONTRARY,
 EVERY CIVIL CLAIM OR CAUSE OF ACTION, INCLUDING CLAIMS FILED  AGAINST  A
 PERSON,  PUBLIC  CORPORATION,  MUNICIPALITY, SCHOOL (PUBLIC, PRIVATE, OR
 CHARTER), PARTNERSHIP, CORPORATION, ASSOCIATION,  OR  ANY  OTHER  ENTITY
 BASED  ON NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL CONDUCT, BROUGHT BY A
 PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
 SUFFERED AS A RESULT OF CONDUCT THAT WOULD CONSTITUTE A SEXUALLY RELATED
 OFFENSE  AS  STATED IN SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
 THREE OF SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A
 CHILD LESS THAN EIGHTEEN YEARS OF AGE, THAT IS BARRED AS OF  THE  EFFEC-
 TIVE  DATE  OF  THIS SECTION BECAUSE THE APPLICABLE PERIOD OF LIMITATION
 HAS EXPIRED OR SUCH PERSON HAD PREVIOUSLY FAILED TO  FILE  A  NOTICE  OF
 CLAIM,  IS  HEREBY  REVIVED,  AND  ACTION THEREON MAY BE COMMENCED ON OR
 BEFORE ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   § 8. Subdivision (a) of rule 3403 of the civil practice law and  rules
 is amended by adding a new paragraph 7 to read as follows:
   7.  ANY ACTION WHICH HAS BEEN RECEIVED PURSUANT TO SECTION TWO HUNDRED
 FOURTEEN-G OF THIS CHAPTER.
   § 9. The provisions of this act shall be severable, and if any clause,
 sentence, paragraph, subdivision or part of this act shall  be  adjudged
 by  any  court  of  competent  jurisdiction to be invalid, such judgment

 S. 7505--A                         67                         A. 9505--A
 
 shall not affect, impair, or invalidate the remainder thereof, but shall
 be confined in its operation to the clause, sentence, paragraph,  subdi-
 vision  or  part  thereof  directly involved in the controversy in which
 such judgment shall have been rendered.
   §  10. This act shall take effect immediately; provided, however, that
 the amendments to section 213-c of the civil practice law and rules made
 by section six of this act shall apply to any cause of  action,  regard-
 less  of  the  date  on which such cause of action accrued; and provided
 further that section seven of this act  shall  take  effect  six  months
 after this act shall have become a law.
 
                                  PART Q
 
   Section  1.  Subdivision  14  of  section  3 of the alcoholic beverage
 control law, as amended by chapter 330 of the laws of 1970,  is  amended
 to read as follows:
   14.  "Hotel"  shall  mean  a building which is regularly used and kept
 open as such in bona fide manner for the feeding and lodging of  guests,
 where  all who conduct themselves properly and who are able and ready to
 pay for such services are received if there be accommodations for  them.
 The  term  "hotel"  shall also include an apartment hotel wherein apart-
 ments are rented for fixed periods of time, either furnished  or  unfur-
 nished,  where  the  keeper of such hotel regularly supplies food to the
 occupants thereof [in a restaurant located in such hotel]. "Hotel" shall
 also mean and include buildings (commonly called a motel) upon the  same
 lot  of  land and owned or in possession under a lease in writing by the
 same person or firm who maintains such  buildings  for  the  lodging  of
 guests  and  supplies them with food [from a restaurant located upon the
 same premises]. A HOTEL SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE  OR
 SERVICE TO ITS CUSTOMERS FOR CONSUMPTION ON THE PREMISES IN THE HOTEL OR
 IN A RESTAURANT OR OTHER FOOD ESTABLISHMENT LOCATED IN THE SAME BUILDING
 AS  THE  HOTEL.  THE  AVAILABILITY  OF SANDWICHES, SOUPS OR OTHER FOODS,
 WHETHER FRESH, PROCESSED, PRE-COOKED  OR  FROZEN,  SHALL  BE  DEEMED  IN
 COMPLIANCE WITH THIS REQUIREMENT.
   §  2.  Subdivision  5  of section 64 of the alcoholic beverage control
 law, as amended by chapter 258 of the laws of 1976, is amended  to  read
 as follows:
   5.  No  retail  license under this section shall be granted except for
 such premises as are being conducted as a bona fide hotel [provided that
 a restaurant is operated in such premises], restaurant, catering  estab-
 lishment, club, railroad car, vessel or aircraft being operated on regu-
 larly scheduled flights by a United States certificated airline.
   § 3. This act shall take effect immediately.
 
                                  PART R
 
   Section  1. Section 3 of the alcoholic beverage control law is amended
 by adding a new subdivision 6-a to read as follows:
   6-A. "BRAGGOT" SHALL MEAN A MALT  ALCOHOLIC  BEVERAGE  MADE  PRIMARILY
 FROM:  HONEY;  WATER;  AND  MALT  AND/OR HOPS (I) WHICH MAY ALSO CONTAIN
 FRUITS, SPICES, HERBS, GRAIN OR OTHER AGRICULTURAL  PRODUCTS;  AND  (II)
 WITH  HONEY  REPRESENTING  AT  LEAST  FIFTY-ONE  PERCENT OF THE STARTING
 FERMENTABLE SUGARS BY WEIGHT OF THE FINISHED PRODUCT. FOR  THE  PURPOSES
 OF THIS CHAPTER, BRAGGOT SHALL BE DESIGNATED AS AND SOLD AS A BEER.
   §  2.  Section  3  of the alcoholic beverage control law is amended by
 adding a new subdivision 12-aaaa to read as follows:

 S. 7505--A                         68                         A. 9505--A
 
   12-AAAA. "FARM MEADERY" MEANS AND  INCLUDES  ANY  PLACE  OR  PREMISES,
 LOCATED  ON  A  FARM IN NEW YORK STATE, IN WHICH NEW YORK STATE LABELLED
 MEAD OR NEW YORK STATE LABELLED  BRAGGOT  IS  MANUFACTURED,  STORED  AND
 SOLD, OR ANY OTHER PLACE OR PREMISES IN NEW YORK STATE IN WHICH NEW YORK
 STATE  LABELLED MEAD OR NEW YORK STATE LABELLED BRAGGOT IS MANUFACTURED,
 STORED AND SOLD.
   § 3. Section 3 of the alcoholic beverage control  law  is  amended  by
 adding a new subdivision 19-a to read as follows:
   19-A.  "MEAD"  SHALL  MEAN A WINE MADE PRIMARILY FROM HONEY AND WATER:
 (I) WHICH MAY ALSO CONTAIN HOPS, FRUITS, SPICES, HERBS, GRAIN  OR  OTHER
 AGRICULTURAL  PRODUCTS; AND (II) WITH HONEY REPRESENTING AT LEAST FIFTY-
 ONE PERCENT OF THE STARTING FERMENTABLE SUGARS BY WEIGHT OF THE FINISHED
 PRODUCT.  THE BRAND OR TRADE NAME LABEL OWNER OF SUCH ALCOHOLIC BEVERAGE
 SHALL DESIGNATE WHETHER SUCH ALCOHOLIC BEVERAGE SHALL  BE  SOLD  AS  AND
 TREATED  IN  THE SAME MANNER AS WINE OR MEAD FOR ALL PURPOSES UNDER THIS
 CHAPTER.  PROVIDED, HOWEVER, ANY MEAD CONTAINING  MORE  THAN  EIGHT  AND
 ONE-HALF  PER  CENTUM ALCOHOL BY VOLUME SHALL BE DESIGNATED, SOLD AS AND
 TREATED IN THE SAME MANNER AS WINE.
   § 4. Section 3 of the alcoholic beverage control  law  is  amended  by
 adding a new subdivision 20-f to read as follows:
   20-F.  "NEW YORK STATE LABELED BRAGGOT" MEANS BRAGGOT MADE EXCLUSIVELY
 FROM HONEY PRODUCED IN NEW YORK STATE.
   § 5. Section 3 of the alcoholic beverage control  law  is  amended  by
 adding a new subdivision 20-g to read as follows:
   20-G.  "NEW  YORK STATE LABELED MEAD" MEANS MEAD MADE EXCLUSIVELY FROM
 HONEY PRODUCED IN NEW YORK STATE.
   § 6. The alcoholic beverage control law is amended  by  adding  a  new
 article 6-A to read as follows:
                                ARTICLE 6-A
                    SPECIAL PROVISIONS RELATING TO MEAD
 SECTION 86. FARM MEADERY LICENSE.
         87. AUTHORIZATION  FOR SALE OF MEAD AND BRAGGOT BY RETAIL LICEN-
               SEES.
         88. AUTHORIZATION FOR SALE OF  MEAD  AND  BRAGGOT  BY  WHOLESALE
               LICENSEES.
   §  86. FARM MEADERY LICENSE.  1. ANY PERSON MAY APPLY TO THE AUTHORITY
 FOR A FARM MEADERY LICENSE AS PROVIDED FOR IN THIS  SECTION  TO  PRODUCE
 MEAD  AND  BRAGGOT WITHIN THIS STATE FOR SALE. SUCH APPLICATION SHALL BE
 IN WRITING AND VERIFIED  AND  SHALL  CONTAIN  SUCH  INFORMATION  AS  THE
 AUTHORITY  SHALL  REQUIRE.  SUCH  APPLICATION  SHALL BE ACCOMPANIED BY A
 CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE.
 IF THE AUTHORITY GRANTS THE APPLICATION, IT SHALL  ISSUE  A  LICENSE  IN
 SUCH  FORM  AS  SHALL  BE  DETERMINED  BY  ITS RULES. SUCH LICENSE SHALL
 CONTAIN A DESCRIPTION OF THE  LICENSED  PREMISES  AND  IN  FORM  AND  IN
 SUBSTANCE  SHALL  BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY DESIG-
 NATED TO PRODUCE MEAD AND BRAGGOT IN THE PREMISES  THEREIN  SPECIFICALLY
 LICENSED.    THE  ANNUAL  FEE  FOR  SUCH A LICENSE SHALL BE SEVENTY-FIVE
 DOLLARS.
   2. A FARM MEADERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO  OPER-
 ATE  A  MEADERY  FOR THE MANUFACTURE OF NEW YORK STATE LABELLED MEAD AND
 NEW YORK STATE LABELLED BRAGGOT. SUCH A LICENSE SHALL ALSO AUTHORIZE THE
 LICENSEE TO:
   (A) SELL IN BULK MEAD OR BRAGGOT MANUFACTURED BY THE LICENSEE  TO  ANY
 PERSON LICENSED TO MANUFACTURE ALCOHOLIC BEVERAGES IN THIS STATE OR TO A
 PERMITTEE  ENGAGED  IN  THE  MANUFACTURE OF PRODUCTS WHICH ARE UNFIT FOR
 BEVERAGE USE;

 S. 7505--A                         69                         A. 9505--A
 
   (B) SELL OR DELIVER MEAD OR BRAGGOT MANUFACTURED BY  THE  LICENSEE  TO
 PERSONS  OUTSIDE  THE  STATE  PURSUANT  TO THE LAWS OF THE PLACE OF SUCH
 DELIVERY;
   (C)  SELL MEAD MANUFACTURED BY THE LICENSEE TO WHOLESALERS AND RETAIL-
 ERS LICENSED IN THIS STATE TO SELL SUCH MEAD, LICENSED FARM  DISTILLERS,
 LICENSED  FARM  WINERIES,  LICENSED  WINERIES,  LICENSED FARM BREWERIES,
 LICENSED FARM CIDERIES AND ANY OTHER LICENSED  FARM  MEADERY.  ALL  SUCH
 MEAD  SOLD  BY  THE  LICENSEE SHALL BE SECURELY SEALED AND HAVE ATTACHED
 THERETO A LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED  SEVEN-A  OF
 THIS CHAPTER;
   (D)  SELL  BRAGGOT  MANUFACTURED  BY  THE  LICENSEE TO WHOLESALERS AND
 RETAILERS LICENSED IN THIS STATE TO SELL BEER, LICENSED FARM DISTILLERS,
 LICENSED FARM WINERIES, LICENSED  BREWERIES,  LICENSED  FARM  BREWERIES,
 LICENSED  FARM  CIDERIES  AND  ANY OTHER LICENSED FARM MEADERY. ALL SUCH
 BRAGGOT SOLD BY THE LICENSEE SHALL BE SECURELY SEALED AND HAVE  ATTACHED
 THERETO  A  LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED SEVEN-A OF
 THIS CHAPTER;
   (E) OPERATE, OR USE THE  SERVICES  OF,  A  CUSTOM  CRUSH  FACILITY  AS
 DEFINED IN SUBDIVISION NINE-A OF SECTION THREE OF THIS CHAPTER;
   (F)  AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL
 FOR CONSUMPTION ON OR OFF THE LICENSED  PREMISES,  ANY  NEW  YORK  STATE
 LABELED  MEAD,  NEW  YORK  STATE LABELED BRAGGOT, NEW YORK STATE LABELED
 BEER, NEW YORK STATE LABELED CIDER, NEW YORK STATE LABELED LIQUOR OR NEW
 YORK STATE LABELED WINE. PROVIDED, HOWEVER, FOR TASTINGS AND  SALES  FOR
 ON-PREMISES  CONSUMPTION,  THE LICENSEE SHALL REGULARLY KEEP FOOD AVAIL-
 ABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON  THE
 PREMISES.  A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLI-
 ANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS  OR  OTHER  SUCH  FOODS,
 WHETHER  FRESH,  PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS
 INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES,  WHICH  SHALL
 MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT
 THE  USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR
 WALKING, INCLUDING BUT NOT  LIMITED  TO:  CHEESES,  FRUITS,  VEGETABLES,
 CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS
 CHAPTER  RELATIVE  TO  LICENSEES  SELLING  ALCOHOLIC BEVERAGES AT RETAIL
 SHALL APPLY;
   (G) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD
 AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED  PREMISES  AND
 SELL  AT  SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, ANY NEW
 YORK STATE LABELED MEAD, NEW YORK STATE LABELED BRAGGOT, NEW YORK  STATE
 LABELED  BEER,  NEW  YORK  STATE  LABELED  CIDER, NEW YORK STATE LABELED
 LIQUOR OR NEW YORK STATE LABELED WINE. ALL OF  THE  PROVISIONS  OF  THIS
 CHAPTER  RELATIVE  TO  LICENSEES  SELLING  ALCOHOLIC BEVERAGES AT RETAIL
 SHALL APPLY. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  LICENSED
 FARM MEADERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER
 TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM-
 ISES AT SUCH ESTABLISHMENT; AND
   (H)  STORE  AND  SELL  GIFT ITEMS IN A TAX-PAID ROOM UPON THE LICENSED
 PREMISES INCIDENTAL TO THE SALE OF MEAD AND BRAGGOT.  THESE  GIFT  ITEMS
 SHALL BE LIMITED TO THE FOLLOWING CATEGORIES: (I) NON-ALCOHOLIC BEVERAG-
 ES  FOR  CONSUMPTION  ON  OR  OFF PREMISES, INCLUDING BUT NOT LIMITED TO
 BOTTLED WATER, JUICE AND SODA BEVERAGES; (II) FOOD ITEMS FOR THE PURPOSE
 OF COMPLEMENTING MEAD TASTINGS, SHALL MEAN A  DIVERSIFIED  SELECTION  OF
 FOOD  WHICH  IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN
 CONVENIENTLY BE CONSUMED WHILE STANDING OR WALKING;  (III)  FOOD  ITEMS,
 WHICH  SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND ANY FOOD OR FOOD

 S. 7505--A                         70                         A. 9505--A
 
 PRODUCT NOT SPECIFICALLY PREPARED FOR  IMMEDIATE  CONSUMPTION  UPON  THE
 PREMISES;  (IV)  MEAD  AND BRAGGOT SUPPLIES AND ACCESSORIES, WHICH SHALL
 INCLUDE ANY ITEM UTILIZED FOR THE STORAGE,  SERVING  OR  CONSUMPTION  OF
 MEAD  AND  BRAGGOT OR FOR DECORATIVE PURPOSES; (V) SOUVENIR ITEMS, WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO ARTWORK, CRAFTS, CLOTHING, AGRICUL-
 TURAL PRODUCTS AND ANY OTHER ARTICLES WHICH CAN BE CONSTRUED  TO  PROPA-
 GATE  TOURISM WITHIN THE REGION; AND (VI) MEAD-MAKING AND BRAGGOT-MAKING
 EQUIPMENT.
   3. A LICENSED FARM MEADERY MAY ENGAGE IN ANY  OTHER  BUSINESS  ON  THE
 LICENSED  PREMISES  SUBJECT  TO SUCH RULES AND REGULATIONS AS THE LIQUOR
 AUTHORITY MAY PRESCRIBE. IN PRESCRIBING SUCH RULES AND REGULATIONS,  THE
 LIQUOR  AUTHORITY  SHALL PROMOTE THE EXPANSION AND PROFITABILITY OF MEAD
 AND BRAGGOT PRODUCTION AND OF TOURISM IN NEW YORK, THEREBY PROMOTING THE
 CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK STATE  AGRICULTURAL
 LANDS.  FURTHER,  SUCH RULES AND REGULATIONS SHALL DETERMINE WHICH BUSI-
 NESSES WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF  THIS  CHAPTER
 AND  SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY
 AND AREA IN THE VICINITY OF THE FARM MEADERY LICENSEE.
   4. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY,  ANY
 FARM MEADERY LICENSEE MAY CHARGE FOR TOURS OF ITS PREMISES.
   5. THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION MAY OPERATE UP TO
 FIVE  BRANCH  OFFICES  LOCATED AWAY FROM THE LICENSED FARM MEADERY. SUCH
 LOCATIONS SHALL BE CONSIDERED PART OF  THE  LICENSED  PREMISES  AND  ALL
 ACTIVITIES  ALLOWED  AT AND LIMITED TO THE FARM MEADERY MAY BE CONDUCTED
 AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE LOCATED  WITHIN,
 SHARE  A  COMMON  ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR ACCESS TO
 ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCOHOLIC BEVER-
 AGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE,
 THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF  SUCH  BRANCH
 OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPERATION OF SAME.
   6.  (A)  NO  FARM  MEADERY  SHALL MANUFACTURE IN EXCESS OF TWO HUNDRED
 FIFTY THOUSAND GALLONS OF MEAD AND/OR BRAGGOT ANNUALLY.
   (B) A LICENSED FARM MEADERY SHALL PRODUCE AT LEAST  FIFTY  GALLONS  OF
 MEAD AND/OR BRAGGOT ANNUALLY.
   7.  NO  LICENSED FARM MEADERY SHALL MANUFACTURE OR SELL ANY MEAD OTHER
 THAN NEW YORK STATE LABELLED MEAD.
   8. NO LICENSED FARM MEADERY SHALL  MANUFACTURE  OR  SELL  ANY  BRAGGOT
 OTHER THAN NEW YORK STATE LABELLED BRAGGOT.
   9.  THE  AUTHORITY  IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. IN PRESCRIBING  SUCH
 RULES  AND  REGULATIONS,  THE  AUTHORITY SHALL PROMOTE THE EXPANSION AND
 PROFITABILITY OF MEAD PRODUCTION AND OF TOURISM  IN  NEW  YORK,  THEREBY
 PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK STATE
 AGRICULTURAL LANDS.
   §  87. AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY RETAIL LICENSEES.
 1. EACH RETAIL LICENSEE UNDER THIS CHAPTER  SHALL  HAVE  THE  RIGHT,  BY
 VIRTUE  OF  HIS LICENSE AND WITHOUT BEING REQUIRED TO PAY ANY ADDITIONAL
 FEE FOR THE PRIVILEGE, TO SELL AT RETAIL FOR CONSUMPTION ON OR  OFF  THE
 PREMISES,  AS  THE  CASE MAY BE, MEAD WHICH HAS NOT BEEN DESIGNATED AS A
 WINE PURSUANT TO SUBDIVISION NINETEEN-A OF SECTION THREE OF THIS CHAPTER
 AND WHICH HAS BEEN PURCHASED FROM A PERSON LICENSED TO PRODUCE  OR  SELL
 MEAD AT WHOLESALE UNDER THIS CHAPTER.
   2.  EACH  RETAIL  LICENSEE  AUTHORIZED TO SELL WINE UNDER THIS CHAPTER
 SHALL HAVE THE RIGHT,  BY  VIRTUE  OF  HIS  LICENSE  AND  WITHOUT  BEING
 REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT RETAIL
 FOR CONSUMPTION ON OR OFF THE PREMISES, AS THE CASE MAY BE,  MEAD  WHICH

 S. 7505--A                         71                         A. 9505--A
 
 HAS  BEEN  DESIGNATED  AS  A  WINE PURSUANT TO SUBDIVISION NINETEEN-A OF
 SECTION THREE OF THIS CHAPTER AND WHICH HAS BEEN PURCHASED FROM A PERSON
 LICENSED TO PRODUCE OR SELL MEAD AT WHOLESALE UNDER THIS CHAPTER.
   3.  EACH  RETAIL  LICENSEE  AUTHORIZED TO SELL BEER UNDER THIS CHAPTER
 SHALL HAVE THE RIGHT,  BY  VIRTUE  OF  HIS  LICENSE  AND  WITHOUT  BEING
 REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT RETAIL
 FOR CONSUMPTION ON OR OFF THE PREMISES, AS  THE  CASE  MAY  BE,  BRAGGOT
 WHICH HAS BEEN PURCHASED FROM A PERSON LICENSED TO PRODUCE OR SELL BRAG-
 GOT AT WHOLESALE UNDER THIS CHAPTER.
   §  88.  AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY WHOLESALE LICEN-
 SEES.  1. EACH WHOLESALE LICENSEE AUTHORIZED TO  SELL  BEER  UNDER  THIS
 CHAPTER SHALL HAVE THE RIGHT, BY VIRTUE OF ITS LICENSE AND WITHOUT BEING
 REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT WHOLE-
 SALE:  (A) BRAGGOT PURCHASED FROM A PERSON LICENSED TO  PRODUCE  BRAGGOT
 UNDER  THIS  CHAPTER. SUCH BRAGGOT SHALL BE SUBJECT TO THE PROVISIONS OF
 THIS CHAPTER REGARDING THE TASTING AND SALE OF  BEER  AT  WHOLESALE  AND
 RETAIL; OR
   (B)  MEAD  PURCHASED  FROM A PERSON LICENSED TO PRODUCE MEAD AND WHICH
 HAS NOT BEEN DESIGNATED AS WINE PURSUANT TO  SUBDIVISION  NINETEEN-A  OF
 SECTION  THREE  OF  THIS  CHAPTER.  SUCH  MEAD  SHALL  BE SUBJECT TO THE
 PROVISIONS OF THIS CHAPTER REGARDING THE TASTING AND  SALE  OF  BEER  AT
 WHOLESALE AND RETAIL.
   2.  EACH WHOLESALE LICENSEE AUTHORIZED TO SELL WINE UNDER THIS CHAPTER
 SHALL HAVE THE RIGHT,  BY  VIRTUE  OF  ITS  LICENSE  AND  WITHOUT  BEING
 REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT WHOLE-
 SALE MEAD PURCHASED FROM A PERSON LICENSED TO PRODUCE MEAD AND WHICH HAS
 BEEN DESIGNATED AS WINE PURSUANT TO SUBDIVISION  NINETEEN-A  OF  SECTION
 THREE  OF THIS CHAPTER.  SUCH MEAD SHALL BE SUBJECT TO THE PROVISIONS OF
 THIS CHAPTER REGARDING THE TASTING AND SALE OF  WINE  AT  WHOLESALE  AND
 RETAIL.
   §  7.  Subdivision  3  of section 17 of the alcoholic beverage control
 law, as amended by section 3 of chapter 297 of  the  laws  of  2016,  is
 amended to read as follows:
   3. To revoke, cancel or suspend for cause any license or permit issued
 under  this  chapter  and/or to impose a civil penalty for cause against
 any holder of a license or permit issued pursuant to this  chapter.  Any
 civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
 dollars as against the holder of any retail permit  issued  pursuant  to
 sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
 paragraph f of subdivision one of section ninety-nine-b of this chapter,
 and as against the holder of  any  retail  license  issued  pursuant  to
 sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
 five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
 sixty-four-c,  seventy-six-f,  seventy-nine, eighty-one and eighty-one-a
 of this chapter, and the sum of thirty thousand dollars as  against  the
 holder  of  a  license  issued  pursuant to sections fifty-three, FIFTY-
 EIGHT, FIFTY-EIGHT-C, sixty-one-a,  sixty-one-b,  seventy-six,  seventy-
 six-a, [and] seventy-eight AND EIGHTY-SIX of this chapter, provided that
 the  civil  penalty  against  the  holder  of a wholesale license issued
 pursuant to section fifty-three of this chapter shall not exceed the sum
 of ten thousand dollars where that licensee violates provisions of  this
 chapter  during the course of the sale of beer at retail to a person for
 consumption at home, and the sum of  one  hundred  thousand  dollars  as
 against the holder of any license issued pursuant to sections fifty-one,
 sixty-one,  and  sixty-two of this chapter. Any civil penalty so imposed
 shall be in addition to and  separate  and  apart  from  the  terms  and

 S. 7505--A                         72                         A. 9505--A
 
 provisions  of  the bond required pursuant to section one hundred twelve
 of this chapter. Provided that no appeal is pending on the imposition of
 such civil penalty, in the event such civil penalty imposed by the divi-
 sion  remains  unpaid,  in  whole  or in part, more than forty-five days
 after written demand for payment has been sent by first  class  mail  to
 the  address  of  the  licensed  premises, a notice of impending default
 judgment shall be sent by first class mail to the licensed premises  and
 by  first  class  mail  to the last known home address of the person who
 signed the most recent license  application.  The  notice  of  impending
 default judgment shall advise the licensee: (a) that a civil penalty was
 imposed  on  the licensee; (b) the date the penalty was imposed; (c) the
 amount of the civil penalty; (d) the amount of the  civil  penalty  that
 remains  unpaid  as  of  the  date of the notice; (e) the violations for
 which the civil penalty was imposed; and (f) that a judgment by  default
 will be entered in the supreme court of the county in which the licensed
 premises  are located, or other court of civil jurisdiction or any other
 place provided for the entry of civil judgments within the state of  New
 York  unless  the  division receives full payment of all civil penalties
 due within twenty days of the date of the notice  of  impending  default
 judgment.  If  full payment shall not have been received by the division
 within thirty days of mailing of the notice of impending  default  judg-
 ment, the division shall proceed to enter with such court a statement of
 the  default  judgment containing the amount of the penalty or penalties
 remaining due and unpaid, along with proof of mailing of the  notice  of
 impending  default  judgment. The filing of such judgment shall have the
 full force and effect of a default  judgment  duly  docketed  with  such
 court  pursuant  to  the  civil  practice law and rules and shall in all
 respects be governed by that chapter and may be  enforced  in  the  same
 manner  and  with  the same effect as that provided by law in respect to
 execution issued against property upon judgments of a court of record. A
 judgment entered pursuant to this subdivision shall remain in full force
 and effect for eight years notwithstanding any other provision of law.
   § 8. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
 law,  as  amended  by  section  4 of chapter 297 of the laws of 2016, is
 amended to read as follows:
   3. To revoke, cancel or suspend for cause any license or permit issued
 under this chapter and/or to impose a civil penalty  for  cause  against
 any  holder  of a license or permit issued pursuant to this chapter. Any
 civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
 dollars  as  against  the holder of any retail permit issued pursuant to
 sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
 paragraph f of subdivision one of section ninety-nine-b of this chapter,
 and  as  against  the  holder  of  any retail license issued pursuant to
 sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
 five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and  eighty-one-a
 of  this  chapter, and the sum of thirty thousand dollars as against the
 holder of a license issued  pursuant  to  sections  fifty-three,  FIFTY-
 EIGHT,  FIFTY-EIGHT-C,  sixty-one-a,  sixty-one-b, seventy-six, seventy-
 six-a [and], seventy-eight AND EIGHTY-SIX of this chapter, provided that
 the civil penalty against the  holder  of  a  wholesale  license  issued
 pursuant to section fifty-three of this chapter shall not exceed the sum
 of  ten thousand dollars where that licensee violates provisions of this
 chapter during the course of the sale of beer at retail to a person  for
 consumption  at  home,  and  the  sum of one hundred thousand dollars as
 against the holder of any license issued pursuant to sections fifty-one,

 S. 7505--A                         73                         A. 9505--A
 
 sixty-one and sixty-two of this chapter.  Any civil penalty  so  imposed
 shall  be  in  addition  to  and  separate  and apart from the terms and
 provisions of the bond required pursuant to section one  hundred  twelve
 of this chapter. Provided that no appeal is pending on the imposition of
 such civil penalty, in the event such civil penalty imposed by the divi-
 sion  remains  unpaid,  in  whole  or in part, more than forty-five days
 after written demand for payment has been sent by first  class  mail  to
 the  address  of  the  licensed  premises, a notice of impending default
 judgment shall be sent by first class mail to the licensed premises  and
 by  first  class  mail  to the last known home address of the person who
 signed the most recent license  application.  The  notice  of  impending
 default judgment shall advise the licensee: (a) that a civil penalty was
 imposed  on  the licensee; (b) the date the penalty was imposed; (c) the
 amount of the civil penalty; (d) the amount of the  civil  penalty  that
 remains  unpaid  as  of  the  date of the notice; (e) the violations for
 which the civil penalty was imposed; and (f) that a judgment by  default
 will be entered in the supreme court of the county in which the licensed
 premises are located, or other court of civil jurisdiction, or any other
 place  provided for the entry of civil judgments within the state of New
 York unless the division receives full payment of  all  civil  penalties
 due  within  twenty  days of the date of the notice of impending default
 judgment. If full payment shall not have been received by  the  division
 within  thirty  days of mailing of the notice of impending default judg-
 ment, the division shall proceed to enter with such court a statement of
 the default judgment containing the amount of the penalty  or  penalties
 remaining  due  and unpaid, along with proof of mailing of the notice of
 impending default judgment. The filing of such judgment shall  have  the
 full  force  and  effect  of  a default judgment duly docketed with such
 court pursuant to the civil practice law and  rules  and  shall  in  all
 respects  be  governed  by  that chapter and may be enforced in the same
 manner and with the same effect as that provided by law  in  respect  to
 execution issued against property upon judgments of a court of record. A
 judgment entered pursuant to this subdivision shall remain in full force
 and effect for eight years notwithstanding any other provision of law.
   § 9. Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (l) of
 subdivision  2  of  section  51-a of the alcoholic beverage control law,
 paragraphs (a), (b), (c), (f), (h), (i) and (l) as added by chapter  108
 of the laws of 2012, paragraph (d) as amended by chapter 384 of the laws
 of  2013,  paragraph  (e) as amended by chapter 328 of the laws of 2016,
 paragraph (g) as amended by chapter 431 of the laws of 2014,  and  para-
 graph  (l) as relettered by chapter 384 of the laws of 2013, are amended
 to read as follows:
   (a) manufacture New York state  labelled  cider  AND  NEW  YORK  STATE
 LABELED BRAGGOT;
   (b)  sell in bulk [beer and cider] ALCOHOLIC BEVERAGES manufactured by
 the licensee to any person licensed to manufacture  alcoholic  beverages
 in  this  state or to a permittee engaged in the manufacture of products
 which are unfit for beverage use;
   (c) sell or deliver [beer and cider] ALCOHOLIC BEVERAGES  manufactured
 by the licensee to persons outside the state pursuant to the laws of the
 place of such delivery;
   (d)  sell  [beer  and  cider]  ALCOHOLIC BEVERAGES manufactured by the
 licensee to wholesalers and retailers licensed in  this  state  to  sell
 such  [beer  and  cider]  ALCOHOLIC BEVERAGES, licensed farm distillers,
 licensed farm wineries, licensed farm cideries, LICENSED FARM  MEADERIES
 and any other licensed farm brewery. All such [beer and cider] ALCOHOLIC

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 BEVERAGES  sold  by  the  licensee  shall  be  securely  sealed and have
 attached thereto a label as shall be required  by  section  one  hundred
 seven-a of this chapter;
   (e) sell at the licensed premises [beer and cider] ALCOHOLIC BEVERAGES
 manufactured  by  the  licensee or any other licensed farm brewery[, and
 wine and spirits manufactured  by  any  licensed  farm  winery  or  farm
 distillery, at retail for consumption on or off the licensed premises];
   (f)  conduct  tastings  at  the  licensed premises of [beer and cider]
 ALCOHOLIC BEVERAGES manufactured by the licensee or any  other  licensed
 farm brewery;
   (g) operate a restaurant, hotel, catering establishment, or other food
 and  drinking  establishment in or adjacent to the licensed premises and
 sell at such place, at retail for consumption on the premises, [beer and
 cider] ALCOHOLIC BEVERAGES manufactured by the licensee and any New York
 state labeled beer, NEW YORK STATE LABELED BRAGGOT  or  New  York  state
 labeled  cider.  All  of  the  provisions  of  this  chapter relative to
 licenses to sell [beer] ALCOHOLIC BEVERAGES at retail for consumption on
 and off the premises shall apply so far as applicable to such  licensee.
 Notwithstanding  any  other  provision of law, the licensed farm brewery
 may apply to the authority for a license  under  this  chapter  to  sell
 other  alcoholic  beverages at retail for consumption on the premises at
 such establishment;
   (h) sell [beer and cider]  ALCOHOLIC  BEVERAGES  manufactured  by  the
 licensee  or  any  other licensed farm brewery at retail for consumption
 off the premises, at the state fair, at recognized county fairs  and  at
 farmers markets operated on a not-for-profit basis;
   (i)  conduct  tastings  of  and sell at retail for consumption off the
 premises New York  state  labelled  wine  AND  MEAD  manufactured  by  a
 [licensed  winery  or  licensed  farm winery] PERSON LICENSED TO PRODUCE
 WINE OR MEAD UNDER THIS CHAPTER;
   (l) CONDUCT TASTINGS OF AND SELL AT RETAIL  FOR  CONSUMPTION  OFF  THE
 PREMISES  NEW  YORK  STATE  LABELLED  BRAGGOT  MANUFACTURED  BY A PERSON
 LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER; AND
   (M) engage in any other business on the licensed premises  subject  to
 such  rules  and  regulations as the authority may prescribe. Such rules
 and regulations shall determine which businesses will be compatible with
 the policy and purposes of this chapter and shall consider the effect of
 particular businesses on the community and area in the vicinity  of  the
 farm brewery licensee.
   § 10. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
 sion  3  of section 51-a of the alcoholic beverage control law, as added
 by chapter 108 of the laws of 2012, are amended to read as follows:
   (a) A farm brewery licensee may apply for a permit to conduct tastings
 away from the licensed premises of [beer and cider] ALCOHOLIC  BEVERAGES
 produced  by  the  licensee.  Such  permit shall be valid throughout the
 state and may be issued on an annual basis  or  for  individual  events.
 Each such permit and the exercise of the privilege granted thereby shall
 be  subject  to  such  rules and conditions of the authority as it deems
 necessary.
   (ii) any liability stemming from a right of action  resulting  from  a
 tasting  of [beer or cider] ALCOHOLIC BEVERAGES as authorized herein and
 in accordance with the provisions of sections 11-100 and 11-101  of  the
 general obligations law, shall accrue to the farm brewery.
   §  11. Subdivision 4 of section 51-a of the alcoholic beverage control
 law, as added by chapter 108 of the laws of 2012, is amended to read  as
 follows:

 S. 7505--A                         75                         A. 9505--A
 
   4. A licensed farm brewery holding a tasting permit issued pursuant to
 subdivision  three  of  this  section  may  apply to the authority for a
 permit to sell [beer and cider] ALCOHOLIC  BEVERAGES  produced  by  such
 farm  brewery,  by the bottle, during such tastings in premises licensed
 under  sections sixty-four, sixty-four-a, eighty-one and eighty-one-a of
 this chapter.  Each such permit and the exercise of the privilege grant-
 ed thereby shall be subject to such rules and conditions of the authori-
 ty as it deems necessary.
   § 12. Subdivision 10 of section 51-a of the alcoholic beverage control
 law, as amended by chapter 431 of the laws of 2014, is amended  to  read
 as follows:
   10.  (a)  No  farm brewery shall manufacture in excess of seventy-five
 thousand finished barrels of [beer and cider] ALCOHOLIC BEVERAGES  annu-
 ally.
   (b)  A  farm brewery shall manufacture at least fifty barrels of [beer
 and cider] ALCOHOLIC BEVERAGES annually.
   § 13. Subdivisions 1 and 2 of section 56-a of the  alcoholic  beverage
 control  law, as amended by chapter 422 of the laws of 2016, are amended
 to read as follows:
   1. In addition to the annual fees provided for in this chapter,  there
 shall  be  paid  to  the  authority  with each initial application for a
 license filed pursuant to  section  fifty-one,  fifty-one-a,  fifty-two,
 fifty-three,   fifty-eight,   fifty-eight-c,  fifty-eight-d,  sixty-one,
 sixty-two, seventy-six, seventy-seven [or], seventy-eight OR  EIGHTY-SIX
 of this chapter, a filing fee of four hundred dollars; with each initial
 application  for a license filed pursuant to section sixty-three, sixty-
 four, sixty-four-a or sixty-four-b of this chapter, a filing fee of  two
 hundred  dollars;  with  each  initial  application  for a license filed
 pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a,
 seventy-nine, eighty-one or eighty-one-a of this chapter, a  filing  fee
 of one hundred dollars; with each initial application for a permit filed
 pursuant  to section ninety-one, ninety-one-a, ninety-two, ninety-two-a,
 ninety-three, ninety-three-a, if such permit is to be issued on a calen-
 dar year basis, ninety-four, ninety-five, ninety-six or ninety-six-a, or
 pursuant to paragraph b, c, e or j of subdivision one of  section  nine-
 ty-nine-b  of  this chapter if such permit is to be issued on a calendar
 year basis, or for an additional bar pursuant  to  subdivision  four  of
 section one hundred of this chapter, a filing fee of twenty dollars; and
 with  each application for a permit under section ninety-three-a of this
 chapter, other than a permit to be issued  on  a  calendar  year  basis,
 section  ninety-seven,  ninety-eight,  ninety-nine,  or ninety-nine-b of
 this chapter, other than a permit to be issued pursuant to paragraph  b,
 c, e or j of subdivision one of section ninety-nine-b of this chapter on
 a calendar year basis, a filing fee of ten dollars.
   2.  In addition to the annual fees provided for in this chapter, there
 shall be paid to the authority  with  each  renewal  application  for  a
 license  filed  pursuant  to  section fifty-one, fifty-one-a, fifty-two,
 fifty-three,  fifty-eight,  fifty-eight-c,   fifty-eight-d,   sixty-one,
 sixty-two,  seventy-six, seventy-seven [or], seventy-eight OR EIGHTY-SIX
 of this chapter, a filing fee of one hundred dollars; with each  renewal
 application  for a license filed pursuant to section sixty-three, sixty-
 four, sixty-four-a or sixty-four-b of this  chapter,  a  filing  fee  of
 ninety dollars; with each renewal application for a license filed pursu-
 ant to section seventy-nine, eighty-one or eighty-one-a of this chapter,
 a  filing  fee of twenty-five dollars; and with each renewal application
 for a license or permit filed pursuant to section fifty-three-a,  fifty-

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 four,  fifty-five,  fifty-five-a,  ninety-one, ninety-one-a, ninety-two,
 ninety-two-a, ninety-three, ninety-three-a, if such permit is issued  on
 a  calendar  year basis, ninety-four, ninety-five, ninety-six or ninety-
 six-a  of this chapter or pursuant to paragraph b, c, e or j of subdivi-
 sion one of section ninety-nine-b, if such permit is issued on a  calen-
 dar  year  basis, or with each renewal application for an additional bar
 pursuant to subdivision four of section one hundred of this  chapter,  a
 filing fee of thirty dollars.
   § 14.  Paragraph (j) of subdivision 2 of section 58-c of the alcoholic
 beverage  control law, as amended by chapter 327 of the laws of 2016, is
 amended and two new paragraphs (j-1) and (j-2)  are  added  to  read  as
 follows:
   (j)  conduct  tastings of and sell at retail for consumption on or off
 the premises New York state labelled liquor manufactured by  a  licensed
 distiller or licensed farm distiller; provided, however, that no consum-
 er  may  be  provided,  directly or indirectly: (i) with more than three
 samples of liquor for tasting in one calendar day; or (ii) with a sample
 of liquor for tasting equal to more than one-quarter fluid ounce; [and]
   (J-1) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
 THE PREMISES NEW YORK STATE  LABELLED  MEAD  MANUFACTURED  BY  A  PERSON
 LICENSED TO PRODUCE MEAD UNDER THIS CHAPTER;
   (J-2) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
 THE  PREMISES  NEW  YORK STATE LABELLED BRAGGOT MANUFACTURED BY A PERSON
 LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER; AND
   § 15. Clauses (vi) and (vii) of paragraph (a) of  subdivision  2-c  of
 section  61 of the alcoholic beverage control law, as amended by chapter
 103 of the laws of 2017, are amended and two new clauses (viii) and (ix)
 are added to read as follows:
   (vi) To conduct tastings of and sell at retail for consumption  on  or
 off  the  premises  New  York  state  labelled  cider  manufactured by a
 licensed brewer, licensed farm brewery, licensed farm  winery,  licensed
 cider producer or licensed farm cidery; [and]
   (vii)  To conduct tastings of and sell at retail for consumption on or
 off the premises New York state labelled wine manufactured by a licensed
 winery or licensed farm winery[.];
   (VIII) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR
 OFF THE PREMISES NEW YORK STATE LABELLED MEAD MANUFACTURED BY  A  PERSON
 LICENSED TO PRODUCE MEAD UNDER THIS CHAPTER; AND
   (IX)  TO  CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR
 OFF THE PREMISES NEW YORK  STATE  LABELLED  BRAGGOT  MANUFACTURED  BY  A
 PERSON LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER.
   §  16. Paragraphs (a), (b), (c) and (d) of subdivision 2 of section 76
 of the alcoholic beverage control law, as amended by chapter 108 of  the
 laws of 2012, are amended to read as follows:
   (a)  to  operate  a winery for the manufacture of wine AND MEAD at the
 premises specifically designated in the license;
   (b) to receive and possess wine AND MEAD from other  states  consigned
 to  a  United  States  government  bonded winery, warehouse or storeroom
 located within the state;
   (c) to sell in bulk from the licensed premises the  products  manufac-
 tured  under  such  license  and wine AND MEAD received by such licensee
 from any other state to any winery  licensee,  OR  MEADERY  LICENSE  any
 distiller  licensee  or  to  a  permittee  engaged in the manufacture of
 products which are unfit for beverage use and to sell  or  deliver  such
 wine  OR  MEAD  to persons outside the state pursuant to the laws of the
 place of such sale or delivery;

 S. 7505--A                         77                         A. 9505--A
 
   (d) to sell from the licensed premises to  a  licensed  wholesaler  or
 retailer,  or  to  a corporation operating railroad cars or aircraft for
 consumption on such carriers, wine AND MEAD manufactured or received  by
 the licensee as above set forth in the original sealed containers of not
 more than fifteen gallons each and to sell or deliver such wine AND MEAD
 to  persons  outside the state pursuant to the laws of the place of such
 sale or delivery. All wine AND MEAD  sold  by  such  licensee  shall  be
 securely  sealed  and  have  attached thereto a label setting forth such
 information as shall be required by this chapter;
   § 17. Subdivision 4-a of section 76 of the alcoholic beverage  control
 law,  as  amended by chapter 431 of the laws of 2014, is amended to read
 as follows:
   4-a. A licensed winery  may  operate  a  restaurant,  hotel,  catering
 establishment,  or  other food and drinking establishment in or adjacent
 to the licensed premises and sell at such place, at retail for  consump-
 tion  on  the premises, wine, MEAD and wine products manufactured by the
 licensee and any New York state labeled wine, MEAD  or  New  York  state
 labeled  wine product. All of the provisions of this chapter relative to
 licenses to sell wine at retail for consumption on  the  premises  shall
 apply  so  far as applicable to such licensee. Notwithstanding any other
 provision of law, the licensed winery may apply to the authority  for  a
 license  under  article  four  of  this  chapter to sell other alcoholic
 beverages at retail for consumption on the premises at  such  establish-
 ment.
   § 17-a. Subdivision 13 of section 76 of the alcoholic beverage control
 law,  as added by chapter 221 of the laws of 2011, is amended to read as
 follows:
   13. Notwithstanding any other provision of  law  to  the  contrary,  a
 winery  licensed  pursuant  to  this  section  may engage in custom wine
 production allowing individuals to assist in the production of  wine  OR
 MEAD  for  sale  for personal or family use, provided, however, that (a)
 the wine OR MEAD must be purchased by the individual  assisting  in  the
 production of such wine OR MEAD; and (b) the owner, employee or agent of
 such winery shall be present at all times during such production.
   §  18.  Subdivision 14 of section 76 of the alcoholic beverage control
 law, as added by chapter 431 of the laws of 2014, is amended to read  as
 follows:
   14.  Any person licensed under this section shall manufacture at least
 fifty gallons of wine AND/OR MEAD per year.
   § 19. Paragraphs (a), (c), (e) and (f) of  subdivision  2  of  section
 76-a  of  the  alcoholic beverage control law, paragraph (a) as added by
 chapter 221 of the laws of 2011, paragraph (c) as amended by chapter 384
 of the laws of 2013, paragraph (e) as amended by chapter 328 of the laws
 of 2016 and paragraph (f) as amended by chapter 431 of the laws of 2014,
 are amended to read as follows:
   (a) operate a farm winery for the manufacture of wine, NEW YORK  STATE
 LABELED  MEAD  or  NEW  YORK STATE LABELED cider at the premises specif-
 ically designated in the license;
   (c) sell from the licensed premises to a licensed winery, farm distil-
 ler, farm brewery, farm cidery, FARM MEADERY, wholesaler or retailer, or
 to a corporation operating railroad cars or aircraft for consumption  on
 such  carriers,  or at retail for consumption off the premises, [wine or
 cider] ALCOHOLIC BEVERAGES manufactured by the  licensee  as  above  set
 forth  and  to sell or deliver such wine or cider to persons outside the
 state pursuant to the laws of the place of such sale  or  delivery.  All
 [wine  or  cider] ALCOHOLIC BEVERAGES sold by such licensee for consump-

 S. 7505--A                         78                         A. 9505--A
 
 tion off the premises shall be securely sealed and have attached thereto
 a label setting forth such information as  shall  be  required  by  this
 chapter;
   (e)  CONDUCT  TASTINGS OF AND sell at the licensed premises [cider and
 wine], AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED  PREMISES  ALCO-
 HOLIC  BEVERAGES manufactured by the licensee or any other licensed farm
 winery[, and]; NEW YORK STATE LABELED WINE MANUFACTURED BY ANY  LICENSED
 WINERY;  NEW YORK STATE LABELED beer MANUFACTURED BY ANY LICENSED BREWER
 OR FARM BREWERY; NEW  YORK  STATE  LABELED  CIDER  MANUFACTURED  BY  ANY
 LICENSED  CIDER  PRODUCER,  FARM  CIDERY OR FARM BREWERY; NEW YORK STATE
 LABELED MEAD MANUFACTURED BY ANY LICENSED FARM MEADERY, WINERY  OR  FARM
 WINERY;  NEW  YORK  STATE  LABELED  BRAGGOT MANUFACTURED BY ANY LICENSED
 MEADERY, BREWERY OR FARM BREWERY and [spirits] NEW  YORK  STATE  LABELED
 LIQUOR  manufactured by any licensed [farm brewery or] DISTILLER OR farm
 distillery[, at retail for consumption on or off the licensed premises];
   (f) operate a restaurant, hotel, catering establishment, or other food
 and drinking establishment in or adjacent to the licensed  premises  and
 sell  at  such  place, at retail for consumption on the premises, [wine,
 cider and wine products] ALCOHOLIC BEVERAGES manufactured by the  licen-
 see  and  any New York state labeled wine, New York state labeled cider,
 NEW YORK STATE LABELED MEAD or New York state labeled wine product.  All
 of  the  provisions of this chapter relative to licenses to sell wine at
 retail for consumption on the premises shall apply so far as  applicable
 to  such  licensee.  Notwithstanding  any  other  provision  of law, the
 licensed FARM winery may apply to the  authority  for  a  license  under
 [article  four  of]  this  chapter  to sell other alcoholic beverages at
 retail for consumption on the premises at such establishment.
   § 20. Paragraphs (f), (g) and (h) of subdivision 6 of section 76-a  of
 the alcoholic beverage control law are REPEALED.
   §  21. Subdivision 8 of section 76-a of the alcoholic beverage control
 law, as amended by chapter 431 of the laws of 2014, is amended  to  read
 as follows:
   8.  (a)  No  licensed  farm  winery shall manufacture in excess of two
 hundred fifty thousand finished gallons of  [wine]  ALCOHOLIC  BEVERAGES
 annually.
   (b)  Any person licensed under this section shall manufacture at least
 fifty gallons of [wine] ALCOHOLIC BEVERAGES per year.
   § 22. Subdivision 9 of section 76-a of the alcoholic beverage  control
 law,  as added by chapter 221 of the laws of 2011, is amended to read as
 follows:
   9. Notwithstanding any other provision of law to the contrary, a  farm
 winery  licensed  pursuant  to  this section may engage in custom [wine]
 production allowing individuals to assist in the production of NEW  YORK
 STATE  LABELED wine, CIDER AND MEAD for sale for personal or family use,
 provided, however, that (a) the wine, CIDER AND MEAD must  be  purchased
 by  the  individual  assisting  in the production of such wine, CIDER OR
 MEAD; and (b) the owner, employee or agent of such winery shall be pres-
 ent at all times during such production.
   § 23. Subdivision 2 of  section  101-aaa  of  the  alcoholic  beverage
 control  law,  as amended by chapter 242 of the laws of 2012, is amended
 to read as follows:
   2. No manufacturer or wholesaler licensed  under  this  chapter  shall
 sell  or  deliver  any  beer, MEAD, cider or wine products to any retail
 licensee except as provided for in this section:
   (a) for cash to be paid at the time of delivery; or

 S. 7505--A                         79                         A. 9505--A
 
   (b) on terms requiring payment by such retail licensee for such  beer,
 MEAD, cider, or wine products on or before the final payment date of any
 credit period within which delivery is made. Provided, however, that the
 sale  of  wine  products MEAD, or cider to a retail licensee by a whole-
 saler licensed under section fifty-eight, sixty-two, or seventy-eight of
 this  chapter,  or  a licensed manufacturer of liquor, MEAD or wine or a
 cider producer's license, shall be governed by the provisions of section
 one hundred-one-aa of this article.
   § 24. Paragraphs (b), (d) and (e) of subdivision 4 of section 107-a of
 the alcoholic beverage control law, paragraph (b) as amended by  chapter
 369  of  the  laws of 2017, paragraphs (d) and (e) as amended by chapter
 354 of the laws of 2013, are amended to read as follows:
   (b) The annual fee for registration of any brand or trade  name  label
 for liquor shall be two hundred fifty dollars; the annual fee for regis-
 tration  of  any brand or trade name label for beer, MEAD or cider shall
 be one hundred fifty dollars; the annual fee  for  registration  of  any
 brand  or  trade  name  label  for  wine or wine products shall be fifty
 dollars.  Such fee shall be in the form of a check or draft.  No  annual
 fee  for registration of any brand or trade name label for wine shall be
 required if it has been approved by the  Alcohol  and  Tobacco  Tax  and
 Trade  Bureau  of  the  United States Department of Treasury pursuant to
 this section.
   Each brand or trade name label registration approved pursuant to  this
 section  shall  be  valid  for a term of three years as set forth by the
 authority and which shall be pro-rated for partial years as applicable.
   Each brand or trade name label registration approved pursuant to  this
 section  shall  be  valid only for the licensee to whom issued and shall
 not be transferable.
   (d) The authority may at any time exempt any discontinued  brand  from
 such  fee provisions where a manufacturer or wholesaler has an inventory
 of one hundred cases or less of liquor or wine and five hundred cases or
 less of beer, and certifies to the authority in writing that such  brand
 is  being  discontinued.  The  authority may also at any time exempt any
 discontinued brand from such fee provisions where a retailer discontinu-
 ing a brand owned by him has a balance of an order yet to  be  delivered
 of  fifty cases or less of liquor or wine, or two hundred fifty cases or
 less of beer, MEAD, wine products or cider.
   (e) The authority shall exempt from such fee provisions the  registra-
 tion of each brand or trade name label used for beer, MEAD or cider that
 is  produced  in  small size batches totaling fifteen hundred barrels or
 less of beer, MEAD or cider annually.
   § 25. This act shall take effect on the ninetieth day after  it  shall
 have  become  a  law,  provided that the amendments to section 17 of the
 alcoholic beverage control law made by section seven of this  act  shall
 be  subject  to the expiration and reversion of such section pursuant to
 section 4 of chapter 118 of the laws of 2012, as amended, when upon such
 date the provisions of section eight of this act shall take effect.
 
                                  PART S
 
   Section 1. The alcoholic beverage control law is amended by  adding  a
 new section 61-c to read as follows:
   §  61-C. EXPORTER'S LICENSE. AN EXPORTER'S LICENSE SHALL AUTHORIZE THE
 HOLDER THEREOF TO PURCHASE ALCOHOLIC BEVERAGES FROM LICENSED MANUFACTUR-
 ERS SOLELY FOR PURPOSES OF EXPORT OUTSIDE OF THIS STATE PURSUANT TO  AND
 IN ACCORDANCE WITH THE LAWS OF THE PLACE OF DELIVERY.

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   §  2.  Section  66 of the alcoholic beverage control law is amended by
 adding a new subdivision 3-b to read as follows:
   3-B.  THE  ANNUAL  FEE  FOR AN EXPORTER'S LICENSE SHALL BE ONE HUNDRED
 TWENTY-FIVE DOLLARS.
   § 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
 law,  as  amended  by  section  3 of chapter 297 of the laws of 2016, is
 amended to read as follows:
   3. To revoke, cancel or suspend for cause any license or permit issued
 under this chapter and/or to impose a civil penalty  for  cause  against
 any  holder  of a license or permit issued pursuant to this chapter. Any
 civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
 dollars  as  against  the holder of any retail permit issued pursuant to
 sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
 paragraph f of subdivision one of section ninety-nine-b of this chapter,
 and  as  against  the  holder  of  any retail license issued pursuant to
 sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
 five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
 sixty-four-c, seventy-six-f, seventy-nine, eighty-one  and  eighty-one-a
 of  this  chapter, and the sum of thirty thousand dollars as against the
 holder  of  a  license  issued   pursuant   to   sections   fifty-three,
 sixty-one-a,  sixty-one-b,  SIXTY-ONE-C, seventy-six, seventy-six-a, and
 seventy-eight of this chapter, provided that the civil  penalty  against
 the holder of a wholesale license issued pursuant to section fifty-three
 of  this  chapter shall not exceed the sum of ten thousand dollars where
 that licensee violates provisions of this chapter during the  course  of
 the  sale of beer at retail to a person for consumption at home, and the
 sum of one hundred thousand dollars as against the holder of any license
 issued pursuant to sections fifty-one, sixty-one, and sixty-two of  this
 chapter.  Any civil penalty so imposed shall be in addition to and sepa-
 rate and apart from the terms and provisions of the bond required pursu-
 ant to section one hundred twelve of  this  chapter.  Provided  that  no
 appeal  is pending on the imposition of such civil penalty, in the event
 such civil penalty imposed by the division remains unpaid, in  whole  or
 in  part, more than forty-five days after written demand for payment has
 been sent by first class mail to the address of the licensed premises, a
 notice of impending default judgment shall be sent by first  class  mail
 to  the licensed premises and by first class mail to the last known home
 address of the person who signed the most  recent  license  application.
 The  notice of impending default judgment shall advise the licensee: (a)
 that a civil penalty was imposed on  the  licensee;  (b)  the  date  the
 penalty was imposed; (c) the amount of the civil penalty; (d) the amount
 of  the  civil penalty that remains unpaid as of the date of the notice;
 (e) the violations for which the civil penalty was imposed; and (f) that
 a judgment by default will be entered in the supreme court of the county
 in which the licensed premises are located,  or  other  court  of  civil
 jurisdiction  or  any  other place provided for the entry of civil judg-
 ments within the state of New York unless  the  division  receives  full
 payment of all civil penalties due within twenty days of the date of the
 notice  of  impending  default  judgment. If full payment shall not have
 been received by the division within  thirty  days  of  mailing  of  the
 notice  of  impending  default  judgment,  the division shall proceed to
 enter with such court a statement of the default judgment containing the
 amount of the penalty or penalties remaining due and unpaid, along  with
 proof of mailing of the notice of impending default judgment. The filing
 of such judgment shall have the full force and effect of a default judg-
 ment  duly  docketed  with such court pursuant to the civil practice law

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 and rules and shall in all respects be governed by that chapter and  may
 be enforced in the same manner and with the same effect as that provided
 by law in respect to execution issued against property upon judgments of
 a court of record. A judgment entered pursuant to this subdivision shall
 remain  in  full  force  and  effect for eight years notwithstanding any
 other provision of law.
   § 4. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
 law,  as  amended  by  section  4 of chapter 297 of the laws of 2016, is
 amended to read as follows:
   3. To revoke, cancel or suspend for cause any license or permit issued
 under this chapter and/or to impose a civil penalty  for  cause  against
 any  holder  of a license or permit issued pursuant to this chapter. Any
 civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
 dollars  as  against  the holder of any retail permit issued pursuant to
 sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
 paragraph f of subdivision one of section ninety-nine-b of this chapter,
 and  as  against  the  holder  of  any retail license issued pursuant to
 sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
 five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and  eighty-one-a
 of  this  chapter, and the sum of thirty thousand dollars as against the
 holder  of  a  license  issued   pursuant   to   sections   fifty-three,
 sixty-one-a,  sixty-one-b,  SIXTY-ONE-C,  seventy-six, seventy-six-a and
 seventy-eight of this chapter, provided that the civil  penalty  against
 the holder of a wholesale license issued pursuant to section fifty-three
 of  this  chapter shall not exceed the sum of ten thousand dollars where
 that licensee violates provisions of this chapter during the  course  of
 the  sale of beer at retail to a person for consumption at home, and the
 sum of one hundred thousand dollars as against the holder of any license
 issued pursuant to sections fifty-one, sixty-one and sixty-two  of  this
 chapter.  Any civil penalty so imposed shall be in addition to and sepa-
 rate and apart from the terms and provisions of the bond required pursu-
 ant  to  section  one  hundred  twelve of this chapter. Provided that no
 appeal is pending on the imposition of such civil penalty, in the  event
 such  civil  penalty imposed by the division remains unpaid, in whole or
 in part, more than forty-five days after written demand for payment  has
 been sent by first class mail to the address of the licensed premises, a
 notice  of  impending default judgment shall be sent by first class mail
 to the licensed premises and by first class mail to the last known  home
 address  of  the  person who signed the most recent license application.
 The notice of impending default judgment shall advise the licensee:  (a)
 that  a  civil  penalty  was  imposed  on the licensee; (b) the date the
 penalty was imposed; (c) the amount of the civil penalty; (d) the amount
 of the civil penalty that remains unpaid as of the date of  the  notice;
 (e) the violations for which the civil penalty was imposed; and (f) that
 a judgment by default will be entered in the supreme court of the county
 in  which  the  licensed  premises  are located, or other court of civil
 jurisdiction, or any other place provided for the entry of  civil  judg-
 ments  within  the  state  of New York unless the division receives full
 payment of all civil penalties due within twenty days of the date of the
 notice of impending default judgment. If full  payment  shall  not  have
 been  received  by  the  division  within  thirty days of mailing of the
 notice of impending default judgment,  the  division  shall  proceed  to
 enter with such court a statement of the default judgment containing the
 amount  of the penalty or penalties remaining due and unpaid, along with
 proof of mailing of the notice of impending default judgment. The filing

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 of such judgment shall have the full force and effect of a default judg-
 ment duly docketed with such court pursuant to the  civil  practice  law
 and  rules and shall in all respects be governed by that chapter and may
 be enforced in the same manner and with the same effect as that provided
 by law in respect to execution issued against property upon judgments of
 a court of record. A judgment entered pursuant to this subdivision shall
 remain  in  full  force  and  effect for eight years notwithstanding any
 other provision of law.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that the amendments to  subdivision
 3  of  section  17 of the alcoholic beverage control law made by section
 three of this act shall be subject to the expiration  and  reversion  of
 such  section  pursuant to section 4 of chapter 118 of the laws of 2012,
 as amended, when upon such date the provisions of section four  of  this
 act shall take effect; and provided, further, that any and all rules and
 regulations  and any other measures necessary to implement any provision
 of this act on its effective date may be promulgated and taken,  respec-
 tively, on or before the effective date of such provision.
 
                                  PART T
 
   Section  1.  Section 2 of chapter 303 of the laws of 1988, relating to
 the extension of the state commission on the restoration of the capitol,
 as amended by chapter 207 of the laws of 2013, is  amended  to  read  as
 follows:
   §  2. The temporary state commission on the restoration of the capitol
 is hereby renamed as the state commission  on  the  restoration  of  the
 capitol (hereinafter to be referred to as the "commission") and is here-
 by  continued  until April 1, [2018] 2023.  The commission shall consist
 of eleven members to be appointed as  follows:  five  members  shall  be
 appointed  by the governor; two members shall be appointed by the tempo-
 rary president of the senate; two members  shall  be  appointed  by  the
 speaker  of  the assembly; one member shall be appointed by the minority
 leader of the senate; one member shall  be  appointed  by  the  minority
 leader  of  the  assembly,  together  with  the  commissioner of general
 services and the commissioner of parks, recreation and historic  preser-
 vation.  The  term  for  each  elected  member shall be for three years,
 except that of the first five members appointed  by  the  governor,  one
 shall  be for a one year term, and two shall be for a two year term, and
 one of the first appointments by the president of the senate and by  the
 speaker  of  the assembly shall be for a two year term. Any vacancy that
 occurs in the commission shall be filled in the same manner in which the
 original appointment was made. The commission shall elect a chairman and
 a vice-chairman from among its  members.    The  members  of  the  state
 commission  on  the  restoration  of  the  capitol shall be deemed to be
 members of the commission until  their  successors  are  appointed.  The
 members  of  the  commission  shall  receive  no  compensation for their
 services, but shall be reimbursed for their expenses actually and neces-
 sarily incurred by them in the performance of their duties hereunder.
   § 2. Section 9 of chapter 303 of the laws of  1988,  relating  to  the
 extension  of the state commission on the restoration of the capitol, as
 amended by chapter 207 of the laws  of  2013,  is  amended  to  read  as
 follows:
   §  9. This act shall take effect immediately, and shall remain in full
 force and effect until April 1, [2018] 2023.

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   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2018; provided
 that the amendments to section 2 of chapter 303 of the laws of 1988 made
 by section one of this act shall not affect the expiration of such chap-
 ter, and shall be deemed to expire therewith.
 
                                  PART U
 
   Section  1. The section heading and subdivision 1 of section 34 of the
 public lands law, as amended by chapter 703 of the  laws  of  1994,  are
 amended to read as follows:
   Transfer  of  unappropriated  state  lands  for mental health, [mental
 retardation] DEVELOPMENTAL  DISABILITY,  park,  recreation,  playground,
 reforestation, PUBLIC EDUCATION, PUBLIC SAFETY, street [or], highway, OR
 OTHER MUNICIPAL purposes. 1. [Such] THE commissioner of general services
 may,  from  time  to  time,  transfer and convey to a city, incorporated
 village, town, or county OR, AS DEFINED IN SECTION ONE  HUNDRED  OF  THE
 GENERAL  MUNICIPAL  LAW,  TO  A  POLITICAL SUBDIVISION, FIRE COMPANY, OR
 VOLUNTARY AMBULANCE SERVICE, in consideration of one dollar to  be  paid
 to  the  state  of  New  York,  and on such terms and conditions as such
 commissioner may impose, a part or all of any parcel or parcels of unap-
 propriated state lands upon certification that such  parcel  or  parcels
 are  useful  for  local  mental  health facilities, [mental retardation]
 DEVELOPMENTAL  DISABILITY  facilities,  park,  recreation,   playground,
 reforestation, PUBLIC EDUCATION, PUBLIC SAFETY, street [or], highway, OR
 OTHER  MUNICIPAL  purposes,  and that they will be properly improved and
 maintained for one or more of  such  purposes  and  provided  that  this
 disposition  of  such  parcel  or  parcels  is not otherwise prohibited.
 Certification shall be evidenced by a formal request from the [board  of
 estimate,]  common council, village board, town board [or], county board
 of supervisors, OR OTHER ELECTIVE GOVERNING BOARD OR BODY NOW  OR  HERE-
 AFTER VESTED BY STATE STATUTE, CHARTER OR OTHER LAW WITH JURISDICTION TO
 INITIATE  AND  ADOPT  LOCAL LAWS OR ORDINANCES, OR SUCH BOARD OR BODY AS
 MAY BE AUTHORIZED BY LAW TO INITIATE  SUCH  REQUEST  AND  CERTIFICATION,
 setting  forth  in  detail  the parcel or parcels to be released, trans-
 ferred and conveyed and the availability and usefulness of  such  parcel
 or  parcels  for  one  or more of such purposes. In the city of New York
 however, certification shall be evidenced by a formal request  from  the
 mayor.  In the event that lands transferred under the provisions of this
 section are not properly improved and maintained for one or more of  the
 purposes  contemplated  by this section by the city, village, town [or],
 county, POLITICAL SUBDIVISION,  FIRE  COMPANY,  OR  VOLUNTARY  AMBULANCE
 SERVICE  to  which they were transferred, the title thereto shall revert
 to the people of the state of New York,  and  the  attorney-general  may
 institute  an  action  in  the  supreme court for a judgment declaring a
 revesting of such title in the state. [Such] THE commissioner  may  also
 transfer  any  unappropriated state lands to the office of parks, recre-
 ation and historic  preservation  or  the  department  of  environmental
 conservation,  upon the application of the commissioner thereof indicat-
 ing that such unappropriated state lands are  required  for  state  park
 purposes within the area of jurisdiction of such office or department.
   § 2. This act shall take effect immediately.
 
                                  PART V

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   Section  1.  The  state finance law is amended by adding a new section
 99-bb to read as follows:
   §  99-BB.  PARKING  SERVICES  FUND. 1. NOTWITHSTANDING SECTIONS EIGHT,
 EIGHT-A AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE,
 REGULATION, OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED  IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION  AND  FINANCE A PARKING SERVICES FUND, WHICH SHALL BE CLASSIFIED BY
 THE STATE COMPTROLLER AS  AN  ENTERPRISE  FUND  TYPE,  AND  WHICH  SHALL
 CONSIST  OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND INDIVIDUALS AS
 FEES FOR THE USE OF STATE-OWNED PARKING LOTS AND GARAGES.
   2. MONEYS WITHIN THE PARKING SERVICES FUND SHALL BE AVAILABLE  TO  THE
 COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
 RELATING  TO THE DIRECT MAINTENANCE AND OPERATION OF STATE-OWNED PARKING
 LOTS AND GARAGES.
   § 2. The state finance law is amended by adding a new section 99-cc to
 read as follows:
   § 99-CC. SOLID WASTE FUND. 1. NOTWITHSTANDING SECTIONS EIGHT,  EIGHT-A
 AND  SEVENTY  OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE, REGU-
 LATION, OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN  THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
 AND FINANCE A SOLID WASTE FUND, WHICH SHALL BE CLASSIFIED BY  THE  STATE
 COMPTROLLER  AS  AN ENTERPRISE FUND TYPE, AND WHICH SHALL CONSIST OF ALL
 MONEYS RECEIVED FROM PRIVATE ENTITIES BY  THE  COMMISSIONER  OF  GENERAL
 SERVICES FOR THE SALE OF RECYCLABLES.
   2.  MONEYS  WITHIN  THE  SOLID  WASTE  FUND  SHALL BE AVAILABLE TO THE
 COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
 RELATING TO THE COLLECTION, PROCESSING AND SALE OF RECYCLED MATERIALS.
   § 3. The state finance law is amended by adding a new section 99-dd to
 read as follows:
   § 99-DD. SPECIAL  EVENTS  FUND.  1.  NOTWITHSTANDING  SECTIONS  EIGHT,
 EIGHT-A  AND  SEVENTY  OF  THIS  CHAPTER AND ANY OTHER PROVISION OF LAW,
 RULE, REGULATION, OR PRACTICE TO THE CONTRARY, THERE  IS  HEREBY  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL EVENTS FUND, WHICH SHALL BE CLASSI-
 FIED  BY  THE  STATE  COMPTROLLER  AS AN ENTERPRISE FUND TYPE, AND WHICH
 SHALL CONSIST OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND  INDIVID-
 UALS  AS  FEES  FOR THE USE OF PHYSICAL SPACE AT STATE-OWNED FACILITIES,
 INCLUDING, BUT NOT LIMITED TO,  THE  EMPIRE  STATE  PLAZA  AND  HARRIMAN
 CAMPUS, AND ANY OTHER MISCELLANEOUS FEES ASSOCIATED WITH THE USE OF SUCH
 PHYSICAL  SPACE  AT  SUCH STATE-OWNED FACILITIES BY PRIVATE ENTITIES AND
 INDIVIDUALS.
   2. MONEYS WITHIN THE SPECIAL EVENTS FUND SHALL  BE  AVAILABLE  TO  THE
 COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
 RELATING  TO  THE  USE OF STATE-OWNED FACILITIES BY PRIVATE ENTITIES AND
 INDIVIDUALS.
   § 4. This act shall take effect April 1, 2018.
 
                                  PART W
 
   Section 1. The civil service law is amended by adding a new section 66
 to read as follows:
   § 66. TERM APPOINTMENTS IN INFORMATION TECHNOLOGY. 1.  THE  DEPARTMENT
 MAY  AUTHORIZE  A  TERM  APPOINTMENT  WITHOUT EXAMINATION TO A TEMPORARY
 POSITION REQUIRING SPECIAL EXPERTISE OR  QUALIFICATIONS  IN  INFORMATION
 TECHNOLOGY  WITHIN  THE  OFFICE OF INFORMATION TECHNOLOGY SERVICES. SUCH
 APPOINTMENTS SHALL BE AUTHORIZED ONLY IN A  CASE  WHERE  THE  OFFICE  OF

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 INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
 OF  THE  TYPE OF SERVICES TO BE RENDERED, OR THE TEMPORARY OR OCCASIONAL
 CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
 INATION  OF  ANY  KIND.  SUCH  CERTIFICATION  SHALL BE A PUBLIC DOCUMENT
 PURSUANT TO THE PUBLIC OFFICERS  LAW  AND  SHALL  IDENTIFY  THE  SPECIAL
 EXPERTISE  OR  QUALIFICATIONS  THAT  ARE REQUIRED AND WHY THEY CANNOT BE
 OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE  LIST.  THE  DEPARTMENT
 SHALL  REVIEW THE CERTIFICATION TO CONFIRM THAT THE SPECIAL EXPERTISE OR
 QUALIFICATIONS  IDENTIFIED  BY  THE  OFFICE  OF  INFORMATION  TECHNOLOGY
 SERVICES  CANNOT  BE  OBTAINED  THROUGH  AN APPOINTMENT FROM AN ELIGIBLE
 LIST. THE MAXIMUM PERIOD FOR SUCH INITIAL TERM  APPOINTMENT  ESTABLISHED
 PURSUANT  TO  THIS  SUBDIVISION SHALL NOT EXCEED SIXTY MONTHS AND, OTHER
 THAN AS SET FORTH IN SUBDIVISION TWO  OF  THIS  SECTION,  SHALL  NOT  BE
 EXTENDED,  AND  THE MAXIMUM NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED
 THREE HUNDRED. THE DEPARTMENT SHALL NOT APPROVE ANY TEMPORARY  POSITIONS
 WHICH ARE NOT CERTIFIED BY THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
 TO  THE  DEPARTMENT IN ACCORDANCE WITH THIS SECTION WITHIN FIVE YEARS OF
 THE DATE WHEN THIS SECTION SHALL HAVE BECOME A LAW.
   2. AT LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM  APPOINTMENT  PURSUANT
 TO  THIS  SECTION, THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICU-
 OUSLY POST INFORMATION ABOUT THE TEMPORARY  POSITION  AND  THE  REQUIRED
 QUALIFICATIONS  AND  SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR THE
 POSITION. IN THE EVENT THAT A PERMANENT COMPETITIVE EMPLOYEE  IS  QUALI-
 FIED  FOR  THE  POSTED  POSITION, THE APPOINTMENT OF SUCH EMPLOYEE SHALL
 TAKE PRECEDENCE OVER THE APPOINTMENT OF ANY TERM  POSITION  PURSUANT  TO
 THIS  SECTION.  AN  EMPLOYEE  APPOINTED PURSUANT TO THIS SECTION WHO HAS
 COMPLETED TWO YEARS OF CONTINUOUS SERVICE UNDER THIS  SECTION  SHALL  BE
 ELIGIBLE  TO  COMPETE  IN PROMOTIONAL EXAMINATIONS THAT ARE ALSO OPEN TO
 OTHER EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTS AND  APPROPRI-
 ATE  QUALIFICATIONS. IN THE EVENT THAT THE DEPARTMENT FAILS TO CERTIFY A
 PROMOTIONAL LIST FOR AN EXAMINATION IN WHICH THE APPOINTEE HAS  COMPETED
 WITHIN  THE INITIALLY SIXTY MONTH TERM APPOINTMENT, SUCH APPOINTMENT MAY
 BE EXTENDED BY THE DEPARTMENT,  UPON  CERTIFICATION  OF  THE  APPOINTING
 AUTHORITY,  FOR  PERIODS OF UP TO THIRTY-SIX MONTHS UNTIL SUCH TIME AS A
 PROMOTIONAL LIST RESULTING FROM THE EXAMINATION IN  WHICH  THE  EMPLOYEE
 COMPLETED, IS CERTIFIED.
   3.  A  TEMPORARY  POSITION ESTABLISHED PURSUANT TO THIS SECTION MAY BE
 ABOLISHED FOR REASON OF ECONOMY, CONSOLIDATION  OR  ABOLITION  OF  FUNC-
 TIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON SUCH ABOLITION OR AT
 THE  END  OF  THE  TERM  OF  THE APPOINTMENT, THE PROVISIONS OF SECTIONS
 SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND EIGHTY-ONE OF THIS CHAPTER SHALL
 NOT APPLY. IN THE EVENT OF A REDUCTION OF WORKFORCE PURSUANT TO  SECTION
 EIGHTY  OF  THIS CHAPTER AFFECTING INFORMATION TECHNOLOGY POSITIONS, THE
 TERM APPOINTMENTS PURSUANT TO THIS SECTION SHALL BE ABOLISHED  PRIOR  TO
 THE  ABOLITION  OF  PERMANENT  COMPETITIVE  CLASS INFORMATION TECHNOLOGY
 POSITIONS AT SUCH AGENCY INVOLVING COMPARABLE  SKILLS  AND  RESPONSIBIL-
 ITIES.
   § 2. Notwithstanding any provision of law to the contrary, the depart-
 ment  of  civil  service may authorize appointment of term appointees to
 competitive titles in a manner approved by such department.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  June  30,  2023;  provided,  however,  that any person
 appointed prior to that date may continue to be employed  for  a  period
 not to exceed sixty months from the date of appointment.
 
                                  PART X

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   Section  1.  The  state finance law is amended by adding a new section
 5-a to read as follows:
   § 5-A. NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM. 1. THERE IS HERE-
 BY  ESTABLISHED  THE  NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM TO BE
 ADMINISTERED BY THE DEFERRED COMPENSATION BOARD.   THE GENERAL  ADMINIS-
 TRATION  AND  RESPONSIBILITY  FOR  THE  OPERATION  OF THE NEW YORK STATE
 SECURE CHOICE SAVINGS PROGRAM SHALL BE  ADMINISTERED  BY  THE  NEW  YORK
 STATE  DEFERRED  COMPENSATION BOARD FOR THE PURPOSE OF PROMOTING GREATER
 RETIREMENT SAVINGS FOR PRIVATE-SECTOR EMPLOYEES IN  A  CONVENIENT,  LOW-
 COST, AND PORTABLE MANNER.
   2.  ALL TERMS SHALL HAVE THE SAME MEANING AS WHEN USED IN A COMPARABLE
 CONTEXT IN THE INTERNAL REVENUE CODE.  AS  USED  IN  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "BOARD" SHALL MEAN THE NEW YORK STATE DEFERRED COMPENSATION BOARD.
   B. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
 FINANCIAL SERVICES.
   C. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
   D.  "EMPLOYEE"  SHALL MEAN ANY INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE
 OR OLDER, WHO IS EMPLOYED BY AN EMPLOYER, AND WHO EARNED  WAGES  WORKING
 FOR AN EMPLOYER IN NEW YORK STATE DURING A CALENDAR YEAR.
   E.  "EMPLOYER"  SHALL  MEAN  A PERSON OR ENTITY ENGAGED IN A BUSINESS,
 INDUSTRY, PROFESSION, TRADE, OR OTHER  ENTERPRISE  IN  NEW  YORK  STATE,
 WHETHER  FOR  PROFIT OR NOT FOR PROFIT, THAT HAS NOT OFFERED A QUALIFIED
 RETIREMENT PLAN, INCLUDING, BUT NOT LIMITED TO, A PLAN  QUALIFIED  UNDER
 SECTIONS 401(A), 401(K), 403(A), 403(B), 408(K), 408(P) OR 457(B) OF THE
 INTERNAL REVENUE CODE OF 1986 IN THE PRECEDING TWO YEARS.
   F. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
   G.  "FUND" SHALL MEAN THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 FUND.
   H. "INTERNAL REVENUE CODE" SHALL MEAN THE  INTERNAL  REVENUE  CODE  OF
 1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
   I. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
   J.  "PARTICIPATING  EMPLOYER"  SHALL  MEAN AN EMPLOYER THAT PROVIDES A
 PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT AS PROVIDED FOR  BY  THIS
 ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE PROGRAM.
   K.  "PAYROLL  DEPOSIT  RETIREMENT  SAVINGS  ARRANGEMENT" SHALL MEAN AN
 ARRANGEMENT BY WHICH A PARTICIPATING EMPLOYER ALLOWS ENROLLEES TO  REMIT
 PAYROLL DEDUCTION CONTRIBUTIONS TO THE PROGRAM.
   L.  "PROGRAM"  SHALL  MEAN  THE  NEW  YORK STATE SECURE CHOICE SAVINGS
 PROGRAM.
   M. "WAGES" SHALL MEAN ANY COMPENSATION WITHIN THE MEANING  OF  SECTION
 219(F)(1)  OF  THE INTERNAL REVENUE CODE THAT IS RECEIVED BY AN ENROLLEE
 FROM A PARTICIPATING EMPLOYER DURING THE CALENDAR YEAR.
   3. THE BOARD, THE INDIVIDUAL MEMBERS  OF  THE  BOARD,  AND  ANY  OTHER
 AGENTS  APPOINTED  OR  ENGAGED  BY THE BOARD, AND ALL PERSONS SERVING AS
 PROGRAM STAFF SHALL DISCHARGE THEIR DUTIES WITH RESPECT TO  THE  PROGRAM
 SOLELY  IN  THE INTEREST OF THE PROGRAM'S ENROLLEES AND BENEFICIARIES AS
 FOLLOWS:
   A. FOR THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO  ENROLLEES  AND
 BENEFICIARIES  AND  DEFRAYING  REASONABLE  EXPENSES OF ADMINISTERING THE
 PROGRAM;
   B. BY INVESTING WITH THE CARE, SKILL, PRUDENCE,  AND  DILIGENCE  UNDER
 THE  PREVAILING  CIRCUMSTANCES  THAT  A  PRUDENT PERSON ACTING IN A LIKE
 CAPACITY AND FAMILIAR WITH THOSE MATTERS WOULD USE IN THE CONDUCT OF  AN
 ENTERPRISE OF A LIKE CHARACTER AND WITH LIKE AIMS; AND

 S. 7505--A                         87                         A. 9505--A
 
   C.  BY  USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND EMPLOYERS REMIT-
 TING EMPLOYEE CONTRIBUTIONS INTO THE FUND EXCLUSIVELY FOR THE PURPOSE OF
 PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST OF  ADMIN-
 ISTRATION  OF  THE  PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENEFIT OF
 THE PROGRAM.
   4. IN ADDITION TO THE OTHER DUTIES AND RESPONSIBILITIES STATED IN THIS
 ARTICLE, THE BOARD SHALL:
   A.  CAUSE  THE  PROGRAM  TO BE DESIGNED, ESTABLISHED AND OPERATED IN A
 MANNER THAT:
   (I) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
   (II) MAXIMIZES PARTICIPATION, SAVINGS, AND SOUND INVESTMENT  PRACTICES
 INCLUDING  CONSIDERING  THE USE OF AUTOMATIC ENROLLMENT AS ALLOWED UNDER
 FEDERAL LAW;
   (III) MAXIMIZES  SIMPLICITY,  INCLUDING  EASE  OF  ADMINISTRATION  FOR
 PARTICIPATING EMPLOYERS AND ENROLLEES;
   (IV)  PROVIDES AN EFFICIENT PRODUCT TO ENROLLEES BY POOLING INVESTMENT
 FUNDS;
   (V) ENSURES THE PORTABILITY OF BENEFITS; AND
   (VI) PROVIDES FOR THE DEACCUMULATION OF ENROLLEE ASSETS  IN  A  MANNER
 THAT MAXIMIZES FINANCIAL SECURITY IN RETIREMENT.
   B. APPOINT A TRUSTEE TO THE FUND IN COMPLIANCE WITH SECTION 408 OF THE
 INTERNAL REVENUE CODE.
   C.  EXPLORE AND ESTABLISH INVESTMENT OPTIONS, SUBJECT TO THIS ARTICLE,
 THAT OFFER ENROLLEES RETURNS ON  CONTRIBUTIONS  AND  THE  CONVERSION  OF
 INDIVIDUAL  RETIREMENT  SAVINGS  ACCOUNT  BALANCES  TO SECURE RETIREMENT
 INCOME WITHOUT INCURRING DEBT OR LIABILITIES TO THE STATE.
   D. ESTABLISH THE PROCESS BY WHICH INTEREST, INVESTMENT  EARNINGS,  AND
 INVESTMENT  LOSSES ARE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS ON A PRO
 RATA BASIS AND ARE COMPUTED AT THE INTEREST RATE ON THE  BALANCE  OF  AN
 INDIVIDUAL'S ACCOUNT.
   E.  MAKE  AND ENTER INTO CONTRACTS NECESSARY FOR THE ADMINISTRATION OF
 THE PROGRAM AND FUND, INCLUDING,  BUT  NOT  LIMITED  TO,  RETAINING  AND
 CONTRACTING  WITH  INVESTMENT  MANAGERS, PRIVATE FINANCIAL INSTITUTIONS,
 OTHER FINANCIAL AND SERVICE PROVIDERS, CONSULTANTS, ACTUARIES,  COUNSEL,
 AUDITORS,  THIRD-PARTY ADMINISTRATORS, AND OTHER PROFESSIONALS AS NECES-
 SARY.
   F. CONDUCT A REVIEW OF THE PERFORMANCE OF ANY INVESTMENT VENDORS EVERY
 FOUR YEARS, INCLUDING, BUT NOT LIMITED TO, A REVIEW  OF  RETURNS,  FEES,
 AND  CUSTOMER  SERVICE. A COPY OF REVIEWS SHALL BE POSTED TO THE BOARD'S
 INTERNET WEBSITE.
   G. DETERMINE THE NUMBER AND DUTIES OF STAFF MEMBERS NEEDED TO ADMINIS-
 TER THE PROGRAM AND ASSEMBLE SUCH STAFF, INCLUDING, APPOINTING A PROGRAM
 ADMINISTRATOR.
   H. CAUSE MONEYS IN THE FUND TO BE HELD AND INVESTED AS POOLED  INVEST-
 MENTS  DESCRIBED  IN THIS ARTICLE, WITH A VIEW TO ACHIEVING COST SAVINGS
 THROUGH EFFICIENCIES AND ECONOMIES OF SCALE.
   I. EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN ENROLLEE IS ABLE  TO
 CONTRIBUTE  A  PORTION  OF HIS OR HER WAGES TO THE PROGRAM FOR AUTOMATIC
 DEPOSIT OF THOSE CONTRIBUTIONS AND THE PROCESS BY WHICH A  PARTICIPATING
 EMPLOYER  PROVIDES  A  PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT TO
 FORWARD THOSE CONTRIBUTIONS AND  RELATED  INFORMATION  TO  THE  PROGRAM,
 INCLUDING, BUT NOT LIMITED TO, CONTRACTING WITH FINANCIAL SERVICE COMPA-
 NIES  AND  THIRD-PARTY ADMINISTRATORS WITH THE CAPABILITY TO RECEIVE AND
 PROCESS EMPLOYEE  INFORMATION  AND  CONTRIBUTIONS  FOR  PAYROLL  DEPOSIT
 RETIREMENT SAVINGS ARRANGEMENTS OR SIMILAR ARRANGEMENTS.

 S. 7505--A                         88                         A. 9505--A
 
   J. DESIGN AND ESTABLISH THE PROCESS FOR ENROLLMENT INCLUDING THE PROC-
 ESS  BY  WHICH  AN  EMPLOYEE  CAN OPT TO NOT PARTICIPATE IN THE PROGRAM,
 SELECT A CONTRIBUTION LEVEL, SELECT AN INVESTMENT OPTION, AND  TERMINATE
 PARTICIPATION IN THE PROGRAM.
   K.  EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN EMPLOYEE MAY VOLUN-
 TARILY ENROLL IN AND MAKE CONTRIBUTIONS TO THE PROGRAM.
   L. ACCEPT ANY GRANTS, APPROPRIATIONS, OR OTHER MONEYS FROM THE  STATE,
 ANY  UNIT  OF  FEDERAL, STATE, OR LOCAL GOVERNMENT, OR ANY OTHER PERSON,
 FIRM, PARTNERSHIP, OR CORPORATION SOLELY  FOR  DEPOSIT  INTO  THE  FUND,
 WHETHER FOR INVESTMENT OR ADMINISTRATIVE PURPOSES.
   M. EVALUATE THE NEED FOR, AND PROCURE AS NEEDED, INSURANCE AGAINST ANY
 AND  ALL  LOSS IN CONNECTION WITH THE PROPERTY, ASSETS, OR ACTIVITIES OF
 THE PROGRAM, AND INDEMNIFY AS NEEDED  EACH  MEMBER  OF  THE  BOARD  FROM
 PERSONAL  LOSS OR LIABILITY RESULTING FROM A MEMBER'S ACTION OR INACTION
 AS A MEMBER OF THE BOARD.
   N. MAKE  PROVISIONS  FOR  THE  PAYMENT  OF  ADMINISTRATIVE  COSTS  AND
 EXPENSES  FOR  THE  CREATION,  MANAGEMENT, AND OPERATION OF THE PROGRAM.
 SUBJECT TO APPROPRIATION, THE STATE MAY PAY ADMINISTRATIVE COSTS ASSOCI-
 ATED WITH THE CREATION AND MANAGEMENT OF THE  PROGRAM  UNTIL  SUFFICIENT
 ASSETS ARE AVAILABLE IN THE FUND FOR THAT PURPOSE. THEREAFTER, ALL COSTS
 OF  THE  FUND, INCLUDING REPAYMENT OF ANY START-UP FUNDS PROVIDED BY THE
 STATE, SHALL BE PAID ONLY OUT OF MONEYS  ON  DEPOSIT  THEREIN.  HOWEVER,
 PRIVATE  FUNDS  OR  FEDERAL  FUNDING  RECEIVED IN ORDER TO IMPLEMENT THE
 PROGRAM UNTIL THE FUND IS SELF-SUSTAINING SHALL  NOT  BE  REPAID  UNLESS
 THOSE  FUNDS  WERE OFFERED CONTINGENT UPON THE PROMISE OF REPAYMENT. THE
 BOARD SHALL KEEP ANNUAL ADMINISTRATIVE EXPENSES AS LOW AS POSSIBLE,  BUT
 IN NO EVENT SHALL THEY EXCEED 0.75% OF THE TOTAL TRUST BALANCE.
   O.  ALLOCATE  ADMINISTRATIVE FEES TO INDIVIDUAL RETIREMENT ACCOUNTS IN
 THE PROGRAM ON A PRO RATA BASIS.
   P. SET MINIMUM AND MAXIMUM  CONTRIBUTION  LEVELS  IN  ACCORDANCE  WITH
 LIMITS ESTABLISHED FOR IRAS BY THE INTERNAL REVENUE CODE.
   Q. FACILITATE EDUCATION AND OUTREACH TO EMPLOYERS AND EMPLOYEES.
   R.  FACILITATE  COMPLIANCE BY THE PROGRAM WITH ALL APPLICABLE REQUIRE-
 MENTS FOR THE PROGRAM UNDER THE INTERNAL  REVENUE  CODE,  INCLUDING  TAX
 QUALIFICATION  REQUIREMENTS  OR  ANY OTHER APPLICABLE LAW AND ACCOUNTING
 REQUIREMENTS.
   S. CARRY OUT THE DUTIES AND OBLIGATIONS OF THE PROGRAM  IN  AN  EFFEC-
 TIVE, EFFICIENT, AND LOW-COST MANNER.
   T.  EXERCISE  ANY  AND  ALL  OTHER POWERS REASONABLY NECESSARY FOR THE
 EFFECTUATION OF THE PURPOSES, OBJECTIVES, AND PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE PROGRAM.
   U. DEPOSIT INTO THE NEW YORK STATE SECURE CHOICE  ADMINISTRATIVE  FUND
 ALL  GRANTS,  GIFTS, DONATIONS, FEES, AND EARNINGS FROM INVESTMENTS FROM
 THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND THAT ARE  USED  TO
 RECOVER  ADMINISTRATIVE  COSTS.  ALL EXPENSES OF THE BOARD SHALL BE PAID
 FROM THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   V. DETERMINE WITHDRAWAL PROVISIONS, SUCH AS ECONOMIC HARDSHIPS, PORTA-
 BILITY AND LEAKAGE.
   W. DETERMINE EMPLOYEE RIGHTS AND ENFORCEMENT OF PENALTIES.
   5. THE BOARD SHALL ANNUALLY PREPARE AND ADOPT A WRITTEN  STATEMENT  OF
 INVESTMENT POLICY THAT INCLUDES A RISK MANAGEMENT AND OVERSIGHT PROGRAM.
 THIS  INVESTMENT POLICY SHALL PROHIBIT THE BOARD, PROGRAM, AND FUND FROM
 BORROWING FOR INVESTMENT PURPOSES. THE  RISK  MANAGEMENT  AND  OVERSIGHT
 PROGRAM  SHALL  BE  DESIGNED TO ENSURE THAT AN EFFECTIVE RISK MANAGEMENT
 SYSTEM IS IN PLACE TO MONITOR THE RISK LEVELS OF THE  PROGRAM  AND  FUND
 PORTFOLIO,  TO  ENSURE  THAT  THE  RISKS  TAKEN ARE PRUDENT AND PROPERLY

 S. 7505--A                         89                         A. 9505--A
 
 MANAGED, TO PROVIDE AN INTEGRATED PROCESS FOR OVERALL  RISK  MANAGEMENT,
 AND  TO  ASSESS  INVESTMENT  RETURNS AS WELL AS RISK TO DETERMINE IF THE
 RISKS TAKEN ARE ADEQUATELY COMPENSATED COMPARED TO  APPLICABLE  PERFORM-
 ANCE BENCHMARKS AND STANDARDS. THE BOARD SHALL CONSIDER THE STATEMENT OF
 INVESTMENT  POLICY  AND ANY CHANGES IN THE INVESTMENT POLICY AT A PUBLIC
 HEARING.
   6. A. THE BOARD SHALL ENGAGE, AFTER AN OPEN BID PROCESS, AN INVESTMENT
 MANAGER OR MANAGERS TO INVEST THE FUND  AND  ANY  OTHER  ASSETS  OF  THE
 PROGRAM.  MONEYS  IN THE FUND MAY BE INVESTED OR REINVESTED BY THE COMP-
 TROLLER OR MAY BE INVESTED IN WHOLE OR IN PART. IN SELECTING THE INVEST-
 MENT MANAGER OR MANAGERS, THE BOARD SHALL TAKE  INTO  CONSIDERATION  AND
 GIVE  WEIGHT  TO  THE  INVESTMENT MANAGER'S FEES AND CHARGES IN ORDER TO
 REDUCE THE PROGRAM'S ADMINISTRATIVE EXPENSES.
   B. THE INVESTMENT MANAGER OR MANAGERS SHALL COMPLY WITH  ANY  AND  ALL
 APPLICABLE  FEDERAL  AND  STATE LAWS, RULES, AND REGULATIONS, AS WELL AS
 ANY AND ALL RULES, POLICIES, AND   GUIDELINES PROMULGATED BY  THE  BOARD
 WITH  RESPECT  TO THE PROGRAM AND THE INVESTMENT OF THE FUND, INCLUDING,
 BUT NOT LIMITED TO, THE INVESTMENT POLICY.
   C. THE INVESTMENT MANAGER OR MANAGERS SHALL PROVIDE  SUCH  REPORTS  AS
 THE  BOARD  DEEMS  NECESSARY  FOR  THE  BOARD TO OVERSEE EACH INVESTMENT
 MANAGER'S PERFORMANCE AND THE PERFORMANCE OF THE FUND.
   7. A. THE BOARD SHALL ESTABLISH AS AN INVESTMENT OPTION  A  LIFE-CYCLE
 FUND  WITH  A TARGET DATE BASED UPON THE AGE OF THE ENROLLEE. THIS SHALL
 BE THE DEFAULT INVESTMENT OPTION FOR ENROLLEES  WHO  FAIL  TO  ELECT  AN
 INVESTMENT  OPTION  UNLESS  AND UNTIL THE BOARD DESIGNATES BY RULE A NEW
 INVESTMENT OPTION AS THE DEFAULT.
   B. THE BOARD MAY ALSO ESTABLISH ANY OR ALL OF THE FOLLOWING ADDITIONAL
 INVESTMENT OPTIONS:
   (I) A CONSERVATIVE PRINCIPAL PROTECTION FUND;
   (II) A GROWTH FUND;
   (III) A SECURE RETURN FUND WHOSE PRIMARY OBJECTIVE IS THE PRESERVATION
 OF THE SAFETY OF PRINCIPAL AND THE PROVISION OF A  STABLE  AND  LOW-RISK
 RATE  OF  RETURN; IF THE BOARD ELECTS TO ESTABLISH A SECURE RETURN FUND,
 THE BOARD MAY PROCURE ANY INSURANCE, ANNUITY, OR OTHER PRODUCT TO INSURE
 THE VALUE OF ENROLLEES' ACCOUNTS AND GUARANTEE A  RATE  OF  RETURN;  THE
 COST  OF  SUCH FUNDING MECHANISM SHALL BE PAID OUT OF THE FUND; UNDER NO
 CIRCUMSTANCES SHALL THE BOARD, PROGRAM, FUND, THE STATE, OR ANY  PARTIC-
 IPATING  EMPLOYER ASSUME ANY LIABILITY FOR INVESTMENT OR ACTUARIAL RISK;
 THE BOARD SHALL DETERMINE WHETHER TO ESTABLISH SUCH  INVESTMENT  OPTIONS
 BASED  UPON  AN  ANALYSIS  OF  THEIR  COST, RISK PROFILE, BENEFIT LEVEL,
 FEASIBILITY, AND EASE OF IMPLEMENTATION; OR
   (IV) AN ANNUITY FUND.
   C. IF THE BOARD ELECTS TO ESTABLISH A SECURE RETURN  FUND,  THE  BOARD
 SHALL  THEM  DETERMINE  WHETHER SUCH OPTION SHALL REPLACE THE LIFE-CYCLE
 FUND AS THE DEFAULT INVESTMENT OPTION FOR ENROLLEES WHO DO NOT ELECT  AN
 INVESTMENT OPTION. IN MAKING SUCH DETERMINATION, THE BOARD SHALL CONSID-
 ER  THE COST, RISK PROFILE, BENEFIT LEVEL, AND EASE OF ENROLLMENT IN THE
 SECURE RETURN FUND. THE BOARD MAY AT ANY TIME  THEREAFTER  REVISIT  THIS
 QUESTION AND, BASED UPON AN ANALYSIS OF THESE CRITERIA, ESTABLISH EITHER
 THE  SECURE RETURN FUND OR THE LIFE-CYCLE FUND AS THE DEFAULT FOR ENROL-
 LEES WHO DO NOT ELECT AN INVESTMENT OPTION.
   8. INTEREST, INVESTMENT EARNINGS, AND INVESTMENT LOSSES SHALL BE ALLO-
 CATED TO INDIVIDUAL PROGRAM ACCOUNTS AS ESTABLISHED BY THE BOARD  PURSU-
 ANT  TO  THIS  ARTICLE. AN INDIVIDUAL'S RETIREMENT SAVINGS BENEFIT UNDER
 THE PROGRAM SHALL BE AN AMOUNT EQUAL TO THE BALANCE IN THE  INDIVIDUAL'S
 PROGRAM ACCOUNT ON THE DATE THE RETIREMENT SAVINGS BENEFIT BECOMES PAYA-

 S. 7505--A                         90                         A. 9505--A
 
 BLE. THE STATE SHALL HAVE NO LIABILITY FOR THE PAYMENT OF ANY BENEFIT TO
 ANY ENROLLEE IN THE PROGRAM.
   9.  A.  PRIOR  TO THE OPENING OF THE PROGRAM FOR ENROLLMENT, THE BOARD
 SHALL DESIGN AND DISSEMINATE TO ALL EMPLOYERS  AN  EMPLOYER  INFORMATION
 PACKET  AND  AN  EMPLOYEE  INFORMATION PACKET, WHICH SHALL INCLUDE BACK-
 GROUND INFORMATION ON THE PROGRAM, APPROPRIATE DISCLOSURES  FOR  EMPLOY-
 EES, AND INFORMATION REGARDING THE VENDOR INTERNET WEBSITE DESCRIBED.
   B.  THE  BOARD  SHALL  PROVIDE  FOR  THE CONTENTS OF BOTH THE EMPLOYEE
 INFORMATION PACKET AND THE EMPLOYER  INFORMATION  PACKET.  THE  EMPLOYEE
 INFORMATION  PACKET SHALL BE MADE AVAILABLE IN ENGLISH, SPANISH, HAITIAN
 CREOLE, CHINESE, KOREAN, RUSSIAN, ARABIC, AND  ANY  OTHER  LANGUAGE  THE
 COMPTROLLER DEEMS NECESSARY.
   C.  THE  EMPLOYEE  INFORMATION PACKET SHALL INCLUDE A DISCLOSURE FORM.
 THE DISCLOSURE FORM SHALL EXPLAIN, BUT NOT BE LIMITED  TO,  ALL  OF  THE
 FOLLOWING:
   (I) THE BENEFITS AND RISKS ASSOCIATED WITH MAKING CONTRIBUTIONS TO THE
 PROGRAM;
   (II) THE MECHANICS OF HOW TO MAKE CONTRIBUTIONS TO THE PROGRAM;
   (III) HOW TO OPT OUT OF THE PROGRAM;
   (IV)  HOW  TO  PARTICIPATE  IN  THE  PROGRAM  WITH A LEVEL OF EMPLOYEE
 CONTRIBUTIONS OTHER THAN THREE PERCENT;
   (V) THAT THEY ARE NOT REQUIRED TO PARTICIPATE OR CONTRIBUTE MORE  THAN
 THREE PERCENT;
   (VI) THAT THEY CAN OPT OUT AFTER THEY HAVE ENROLLED;
   (VII) THE PROCESS FOR WITHDRAWAL OF RETIREMENT SAVINGS;
   (VIII)  THE  PROCESS  FOR  SELECTING BENEFICIARIES OF THEIR RETIREMENT
 SAVINGS;
   (IX) HOW TO OBTAIN ADDITIONAL INFORMATION ABOUT THE PROGRAM;
   (X) THAT EMPLOYEES SEEKING FINANCIAL ADVICE SHOULD  CONTACT  FINANCIAL
 ADVISORS,  THAT PARTICIPATING EMPLOYERS ARE NOT IN A POSITION TO PROVIDE
 FINANCIAL ADVICE, AND THAT PARTICIPATING EMPLOYERS ARE  NOT  LIABLE  FOR
 DECISIONS EMPLOYEES MAKE PURSUANT TO THIS ARTICLE;
   (XI)  INFORMATION  ON  HOW  TO  ACCESS ANY FINANCIAL LITERACY PROGRAMS
 IMPLEMENTED BY THE COMPTROLLER;
   (XII) THAT THE PROGRAM IS NOT AN EMPLOYER-SPONSORED  RETIREMENT  PLAN;
 AND
   (XIII) THAT THE PROGRAM FUND IS NOT GUARANTEED BY THE STATE.
   D.  THE  EMPLOYEE  INFORMATION PACKET SHALL ALSO INCLUDE A FORM FOR AN
 EMPLOYEE TO NOTE HIS OR HER DECISION TO OPT OUT OF PARTICIPATION IN  THE
 PROGRAM  OR  ELECT TO PARTICIPATE WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS
 OTHER THAN THREE PERCENT.
   E. PARTICIPATING EMPLOYERS SHALL SUPPLY THE EMPLOYEE INFORMATION PACK-
 ET TO EXISTING EMPLOYEES AT LEAST ONE MONTH PRIOR TO  THE  PARTICIPATING
 EMPLOYERS'  LAUNCH  OF THE PROGRAM. PARTICIPATING EMPLOYERS SHALL SUPPLY
 THE EMPLOYEE INFORMATION PACKET TO NEW EMPLOYEES AT THE TIME OF  HIRING,
 AND  NEW  EMPLOYEES MAY OPT OUT OF PARTICIPATION IN THE PROGRAM OR ELECT
 TO PARTICIPATE WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER  THAN  THREE
 PERCENT AT THAT TIME.
   10. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE PROGRAM SHALL BE
 IMPLEMENTED, AND ENROLLMENT OF EMPLOYEES SHALL BEGIN, WITHIN TWENTY-FOUR
 MONTHS  AFTER THE EFFECTIVE DATE OF THIS SECTION. THE PROVISIONS OF THIS
 SECTION SHALL BE IN FORCE AFTER THE BOARD OPENS THE PROGRAM FOR  ENROLL-
 MENT.
   A. EACH PARTICIPATING EMPLOYER MAY ESTABLISH A PAYROLL DEPOSIT RETIRE-
 MENT  SAVINGS  ARRANGEMENT  TO ALLOW EACH EMPLOYEE TO PARTICIPATE IN THE

 S. 7505--A                         91                         A. 9505--A
 
 PROGRAM AND BEGIN EMPLOYEE ENROLLMENT AT  MOST  NINE  MONTHS  AFTER  THE
 BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   B.  ENROLLEES  SHALL  HAVE  THE ABILITY TO SELECT A CONTRIBUTION LEVEL
 INTO THE FUND. THIS LEVEL MAY BE EXPRESSED AS A PERCENTAGE OF  WAGES  OR
 AS  A DOLLAR AMOUNT UP TO THE DEDUCTIBLE AMOUNT FOR THE ENROLLEE'S TAXA-
 BLE YEAR UNDER SECTION 219(B)(1)(A) OF THE INTERNAL REVENUE CODE. ENROL-
 LEES MAY CHANGE THEIR CONTRIBUTION LEVEL AT ANY TIME, SUBJECT  TO  RULES
 PROMULGATED  BY THE BOARD. IF AN ENROLLEE FAILS TO SELECT A CONTRIBUTION
 LEVEL USING THE FORM DESCRIBED IN THIS ARTICLE, THEN  HE  OR  SHE  SHALL
 CONTRIBUTE  THREE  PERCENT  OF HIS OR HER WAGES TO THE PROGRAM, PROVIDED
 THAT SUCH CONTRIBUTIONS SHALL NOT CAUSE THE  ENROLLEE'S  TOTAL  CONTRIB-
 UTIONS  TO  IRAS  FOR  THE  YEAR TO EXCEED THE DEDUCTIBLE AMOUNT FOR THE
 ENROLLEE'S TAXABLE YEAR  UNDER  SECTION  219(B)(1)(A)  OF  THE  INTERNAL
 REVENUE  CODE.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ANY PARTIC-
 IPATING ENROLLEE, WHOSE EMPLOYER FAILS TO MAKE  EMPLOYEE  DEDUCTIONS  IN
 ACCORDANCE  WITH  THE  PROVISIONS OF SECTION ONE HUNDRED NINETY-THREE OF
 THE LABOR LAW, MAY BRING AN ACTION,  PURSUANT  TO  SECTION  ONE  HUNDRED
 NINETY-EIGHT  OF  THE  LABOR  LAW,  TO RECOVER SUCH MONIES. FURTHER, ANY
 PARTICIPATING EMPLOYER, WHO FAILS TO MAKE EMPLOYEE DEDUCTIONS IN ACCORD-
 ANCE WITH THE PROVISIONS OF SECTION  ONE  HUNDRED  NINETY-THREE  OF  THE
 LABOR  LAW,  SHALL BE SUBJECT TO THE PENALTIES AND FINES PROVIDED FOR IN
 SECTION ONE HUNDRED NINETY-EIGHT-A OF THE LABOR LAW.
   C. ENROLLEES MAY  SELECT  AN  INVESTMENT  OPTION  FROM  THE  PERMITTED
 INVESTMENT  OPTIONS  LISTED  IN THIS ARTICLE. ENROLLEES MAY CHANGE THEIR
 INVESTMENT OPTION AT ANY TIME,  SUBJECT  TO  RULES  PROMULGATED  BY  THE
 BOARD.  IN  THE  EVENT  THAT  AN  ENROLLEE FAILS TO SELECT AN INVESTMENT
 OPTION, THAT ENROLLEE SHALL BE PLACED IN THE INVESTMENT OPTION  SELECTED
 BY  THE  BOARD  AS  THE DEFAULT UNDER THIS ARTICLE. IF THE BOARD HAS NOT
 SELECTED A DEFAULT INVESTMENT OPTION UNDER THIS ARTICLE, THEN AN  ENROL-
 LEE  WHO  FAILS  TO  SELECT  AN INVESTMENT OPTION SHALL BE PLACED IN THE
 LIFE-CYCLE FUND INVESTMENT OPTION.
   D. FOLLOWING INITIAL IMPLEMENTATION OF THE PROGRAM  PURSUANT  TO  THIS
 SECTION,  AT LEAST ONCE EVERY YEAR, PARTICIPATING EMPLOYERS SHALL DESIG-
 NATE AN OPEN ENROLLMENT PERIOD DURING  WHICH  EMPLOYEES  WHO  PREVIOUSLY
 OPTED OUT OF THE PROGRAM MAY ENROLL IN THE PROGRAM.
   E.  AN  EMPLOYEE WHO OPTS OUT OF THE PROGRAM WHO SUBSEQUENTLY WANTS TO
 PARTICIPATE THROUGH THE PARTICIPATING EMPLOYER'S PAYROLL DEPOSIT RETIRE-
 MENT SAVINGS  ARRANGEMENT  MAY  ONLY  ENROLL  DURING  THE  PARTICIPATING
 EMPLOYER'S  DESIGNATED  OPEN  ENROLLMENT  PERIOD  OR IF PERMITTED BY THE
 PARTICIPATING EMPLOYER AT AN EARLIER TIME.
   F. EMPLOYERS SHALL RETAIN THE OPTION AT ALL TIMES TO SET UP  ANY  TYPE
 OF EMPLOYER-SPONSORED RETIREMENT PLAN INSTEAD OF HAVING A PAYROLL DEPOS-
 IT RETIREMENT SAVINGS ARRANGEMENT TO ALLOW EMPLOYEE PARTICIPATION IN THE
 PROGRAM.
   G.  AN  ENROLLEE MAY TERMINATE HIS OR HER PARTICIPATION IN THE PROGRAM
 AT ANY TIME IN A MANNER PRESCRIBED BY THE BOARD.
   H. THE BOARD SHALL, IN CONJUNCTION WITH THE OFFICE OF THE STATE  COMP-
 TROLLER,  ESTABLISH  AND MAINTAIN A SECURE WEBSITE WHEREIN ENROLLEES MAY
 LOG IN AND ACQUIRE INFORMATION REGARDING  CONTRIBUTIONS  AND  INVESTMENT
 INCOME  ALLOCATED  TO,  WITHDRAWALS  FROM, AND BALANCES IN THEIR PROGRAM
 ACCOUNTS FOR THE REPORTING PERIOD. SUCH WEBSITE MUST ALSO INCLUDE INFOR-
 MATION FOR THE  ENROLLEES  REGARDING  OTHER  OPTIONS  AVAILABLE  TO  THE
 EMPLOYEE  AND  HOW  THEY  CAN  TRANSFER THEIR ACCOUNTS TO OTHER PROGRAMS
 SHOULD THEY WISH TO DO SO. SUCH WEBSITE MAY INCLUDE ANY  OTHER  INFORMA-
 TION REGARDING THE PROGRAM AS THE BOARD MAY DETERMINE.

 S. 7505--A                         92                         A. 9505--A
 
   11.  EMPLOYEE  CONTRIBUTIONS  DEDUCTED  BY  THE PARTICIPATING EMPLOYER
 THROUGH PAYROLL DEDUCTION SHALL BE PAID BY THE PARTICIPATING EMPLOYER TO
 THE FUND USING ONE OR MORE PAYROLL DEPOSIT RETIREMENT  SAVINGS  ARRANGE-
 MENTS ESTABLISHED BY THE BOARD UNDER THIS ARTICLE, EITHER:
   A. ON OR BEFORE THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH
 THE  COMPENSATION  OTHERWISE  WOULD HAVE BEEN PAYABLE TO THE EMPLOYEE IN
 CASH; OR
   B. BEFORE SUCH LATER DEADLINE PRESCRIBED BY THE BOARD FOR MAKING  SUCH
 PAYMENTS,  BUT  NOT  LATER  THAN  THE  DUE  DATE  FOR THE DEPOSIT OF TAX
 REQUIRED TO BE DEDUCTED AND WITHHELD RELATING TO  COLLECTION  OF  INCOME
 TAX  AT  SOURCE  ON  WAGES OR FOR THE DEPOSIT OF TAX REQUIRED TO BE PAID
 UNDER THE UNEMPLOYMENT INSURANCE SYSTEM FOR THE PAYROLL PERIOD TO  WHICH
 SUCH PAYMENTS RELATE.
   12.  A. THE STATE SHALL HAVE NO DUTY OR LIABILITY TO ANY PARTY FOR THE
 PAYMENT OF ANY RETIREMENT SAVINGS BENEFITS ACCRUED BY ANY ENROLLEE UNDER
 THE PROGRAM. ANY FINANCIAL  LIABILITY  FOR  THE  PAYMENT  OF  RETIREMENT
 SAVINGS BENEFITS IN EXCESS OF FUNDS AVAILABLE UNDER THE PROGRAM SHALL BE
 BORNE  SOLELY  BY  THE ENTITIES WITH WHOM THE BOARD CONTRACTS TO PROVIDE
 INSURANCE TO PROTECT THE VALUE OF THE PROGRAM.
   B. NO STATE BOARD, COMMISSION, OR AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 MEMBER THEREOF IS LIABLE FOR  ANY  LOSS  OR  DEFICIENCY  RESULTING  FROM
 INVESTMENTS  SELECTED  UNDER THIS ARTICLE, EXCEPT FOR ANY LIABILITY THAT
 ARISES OUT OF A BREACH OF FIDUCIARY DUTY.
   13. A. PARTICIPATING EMPLOYERS SHALL NOT HAVE  ANY  LIABILITY  FOR  AN
 EMPLOYEE'S DECISION TO PARTICIPATE IN, OR OPT OUT OF, THE PROGRAM OR FOR
 THE INVESTMENT DECISIONS OF THE BOARD OR OF ANY ENROLLEE.
   B. A PARTICIPATING EMPLOYER SHALL NOT BE A FIDUCIARY, OR CONSIDERED TO
 BE  A  FIDUCIARY,  OVER  THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT
 BEAR RESPONSIBILITY FOR THE ADMINISTRATION,  INVESTMENT,  OR  INVESTMENT
 PERFORMANCE OF THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT BE LIABLE
 WITH  REGARD TO INVESTMENT RETURNS, PROGRAM DESIGN, AND BENEFITS PAID TO
 PROGRAM PARTICIPANTS.
   14. A. THE BOARD SHALL  ANNUALLY  SUBMIT:  (I)  AN  AUDITED  FINANCIAL
 REPORT,  PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRIN-
 CIPLES, ON THE OPERATIONS OF THE PROGRAM DURING EACH  CALENDAR  YEAR  BY
 JULY  FIRST  OF THE FOLLOWING YEAR TO THE GOVERNOR, THE COMPTROLLER, THE
 SUPERINTENDENT AND THE SENATE AND ASSEMBLY; AND (II) A  REPORT  PREPARED
 BY  THE  BOARD, WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO, A SUMMARY OF
 THE BENEFITS PROVIDED BY THE PROGRAM, INCLUDING THE NUMBER OF  ENROLLEES
 IN  THE  PROGRAM,  THE  PERCENTAGE AND AMOUNTS OF INVESTMENT OPTIONS AND
 RATES OF RETURN, AND SUCH OTHER INFORMATION THAT IS RELEVANT TO  MAKE  A
 FULL,  FAIR,  AND  EFFECTIVE DISCLOSURE OF THE OPERATIONS OF THE PROGRAM
 AND THE FUND. THE ANNUAL AUDIT SHALL BE MADE BY AN INDEPENDENT CERTIFIED
 PUBLIC ACCOUNTANT AND SHALL INCLUDE, BUT IS NOT LIMITED TO,  DIRECT  AND
 INDIRECT COSTS ATTRIBUTABLE TO THE USE OF OUTSIDE CONSULTANTS, INDEPEND-
 ENT  CONTRACTORS,  AND ANY OTHER PERSONS WHO ARE NOT STATE EMPLOYEES FOR
 THE ADMINISTRATION OF THE PROGRAM.
   B. IN ADDITION TO ANY OTHER STATEMENTS OR REPORTS REQUIRED BY LAW, THE
 BOARD SHALL PROVIDE PERIODIC REPORTS  AT  LEAST  ANNUALLY  TO  ENROLLEES
 REPORTING  CONTRIBUTIONS AND INVESTMENT INCOME ALLOCATED TO, WITHDRAWALS
 FROM, AND BALANCES IN THEIR PROGRAM ACCOUNTS FOR THE  REPORTING  PERIOD.
 SUCH  REPORTS MAY INCLUDE ANY OTHER INFORMATION REGARDING THE PROGRAM AS
 THE BOARD MAY DETERMINE.
   15. IF THE BOARD DOES NOT  OBTAIN  ADEQUATE  FUNDS  TO  IMPLEMENT  THE
 PROGRAM WITHIN THE TIMEFRAME SET FORTH UNDER THIS ARTICLE AND IS SUBJECT
 TO APPROPRIATION, THE BOARD MAY DELAY THE IMPLEMENTATION OF THE PROGRAM.

 S. 7505--A                         93                         A. 9505--A
 
   § 2. The state finance law is amended by adding two new sections 99-bb
 and 99-cc to read as follows:
   §  99-BB.  NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND. A. THERE
 IS HEREBY ESTABLISHED WITHIN THE JOINT CUSTODY OF  THE  COMMISSIONER  OF
 TAXATION AND FINANCE AND THE STATE COMPTROLLER, IN CONSULTATION WITH THE
 NEW  YORK  STATE  DEFERRED COMPENSATION BOARD, A FUND TO BE KNOWN AS THE
 NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND.
   B. THE FUND SHALL INCLUDE THE INDIVIDUAL RETIREMENT ACCOUNTS OF ENROL-
 LEES, WHICH SHALL BE ACCOUNTED FOR AS INDIVIDUAL ACCOUNTS.
   C. MONEYS IN THE FUND SHALL CONSIST OF MONEYS RECEIVED FROM  ENROLLEES
 AND PARTICIPATING EMPLOYERS PURSUANT TO AUTOMATIC PAYROLL DEDUCTIONS AND
 CONTRIBUTIONS  TO  SAVINGS  MADE  UNDER THE NEW YORK STATE SECURE CHOICE
 SAVINGS PROGRAM PURSUANT TO SECTION FIVE-A OF THIS CHAPTER.
   D. THE FUND SHALL BE OPERATED IN A MANNER DETERMINED BY THE  NEW  YORK
 STATE DEFERRED COMPENSATION BOARD, PROVIDED THAT THE FUND IS OPERATED SO
 THAT  THE  ACCOUNTS  OF ENROLLEES ESTABLISHED UNDER THE PROGRAM MEET THE
 REQUIREMENTS FOR IRAS UNDER THE INTERNAL REVENUE CODE.
   E. THE AMOUNTS DEPOSITED IN THE FUND SHALL NOT CONSTITUTE PROPERTY  OF
 THE STATE AND THE FUND SHALL NOT BE CONSTRUED TO BE A DEPARTMENT, INSTI-
 TUTION, OR AGENCY OF THE STATE. AMOUNTS ON DEPOSIT IN THE FUND SHALL NOT
 BE  COMMINGLED  WITH STATE FUNDS AND THE STATE SHALL HAVE NO CLAIM TO OR
 AGAINST, OR INTEREST IN, SUCH FUNDS.
   § 99-CC. NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND. A. THERE IS
 HEREBY ESTABLISHED WITHIN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXA-
 TION AND FINANCE AND THE STATE COMPTROLLER, IN CONSULTATION WITH THE NEW
 YORK STATE DEFERRED COMPENSATION BOARD, A FUND TO BE KNOWN  AS  THE  NEW
 YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   B.  THE NEW YORK STATE DEFERRED COMPENSATION BOARD SHALL USE MONEYS IN
 SUCH FUND TO PAY FOR ADMINISTRATIVE EXPENSES IT INCURS IN  THE  PERFORM-
 ANCE  OF  ITS  DUTIES  UNDER  THE  NEW  YORK STATE SECURE CHOICE SAVINGS
 PROGRAM PURSUANT TO SECTION FIVE-A OF THIS CHAPTER.
   C. THE NEW YORK STATE DEFERRED COMPENSATION BOARD SHALL USE MONEYS  IN
 SUCH  FUND  TO  COVER  START-UP ADMINISTRATIVE EXPENSES IT INCURS IN THE
 PERFORMANCE OF ITS DUTIES UNDER SECTION FIVE-A OF THIS CHAPTER.
   D. SUCH FUND MAY RECEIVE ANY GRANTS OR  OTHER  MONEYS  DESIGNATED  FOR
 ADMINISTRATIVE  PURPOSES FROM THE STATE, OR ANY UNIT OF FEDERAL OR LOCAL
 GOVERNMENT, OR ANY OTHER PERSON, FIRM, PARTNERSHIP, OR CORPORATION.  ANY
 INTEREST  EARNINGS  THAT ARE ATTRIBUTABLE TO MONEYS IN SUCH FUND MUST BE
 DEPOSITED INTO THE SUCH FUND.
   § 3. This act shall take effect immediately.
 
                                  PART Y
 
   Section 1. Subdivision 2 of section 87 of  the  workers'  compensation
 law,  as  added  by  section  20 of part GG of chapter 57 of the laws of
 2013, is amended to read as follows:
   2. Any of the surplus funds belonging to the state insurance fund,  by
 order  of the commissioners, approved by the superintendent of financial
 services, may be invested (1) in the types of  securities  described  in
 subdivisions one, two, three, four, five, six, eleven, twelve, twelve-a,
 thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-one-a,
 twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
 of  section  two  hundred thirty-five of the banking law , OR (2) IN THE
 TYPES OF OBLIGATIONS DESCRIBED IN PARAGRAPH TWO  OF  SUBSECTION  (A)  OF
 SECTION  ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW EXCEPT THAT
 UP TO TWENTY-FIVE PERCENT OF SURPLUS FUNDS  MAY  BE  INVESTED  IN  OBLI-

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 GATIONS  RATED  INVESTMENT  GRADE  BY A NATIONALLY RECOGNIZED SECURITIES
 RATING ORGANIZATION, or[,] (3) up to fifty percent of surplus funds,  in
 the  types  of  securities or investments described in paragraphs [two,]
 three,  eight  and  ten  of  subsection (a) of section one thousand four
 hundred four of the insurance law, except that [up  to  ten  percent  of
 surplus  funds  may  be  invested] INVESTMENTS in [the securities of any
 solvent American institution as described in such  paragraphs]  DIVERSI-
 FIED INDEX FUNDS AND ACCOUNTS MAY BE MADE irrespective of the rating [of
 such  institution's  obligations] or other similar qualitative standards
 [described therein, and] APPLICABLE UNDER SUCH PARAGRAPHS, OR (4) UP  TO
 TEN  PERCENT OF SURPLUS FUNDS, IN THE TYPES OF SECURITIES OR INVESTMENTS
 DESCRIBED IN PARAGRAPHS TWO, THREE AND TEN OF SUBSECTION (A) OF  SECTION
 ONE  THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW IRRESPECTIVE OF THE
 RATING OF SUCH INSTITUTION'S OBLIGATIONS OR  OTHER  SIMILAR  QUALITATIVE
 STANDARD, OR (5) up to fifteen percent of surplus funds in securities or
 investments  which  do  not  otherwise qualify for investment under this
 section as shall be made with the care, prudence and diligence under the
 circumstances then prevailing that a prudent person  acting  in  a  like
 capacity  and  familiar with such matters would use in the conduct of an
 enterprise of a like character and with like aims as  provided  for  the
 state  insurance  fund  under  this  article,  but shall not include any
 direct derivative instrument or derivative transaction except for  hedg-
 ing  purposes.  Notwithstanding any other provision in this subdivision,
 the aggregate amount that the state insurance fund  may  invest  in  the
 types  of securities or investments described in paragraphs three, eight
 and ten of subsection (a) of section one thousand four hundred  four  of
 the  insurance  law  and  as  a prudent person acting in a like capacity
 would invest as provided in this  subdivision  shall  not  exceed  fifty
 percent of such surplus funds. FOR THE PURPOSES OF THIS SUBDIVISION, ANY
 FUNDS  APPROPRIATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OR TWO
 OF SECTION EIGHTY-SEVEN-F  OF  THIS  ARTICLE  SHALL  NOT  BE  CONSIDERED
 SURPLUS FUNDS.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
   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:
   § 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,  an  amount
 equal  to  the  STANDARD  MEDICARE premium charge for such supplementary
 medical insurance benefits 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, SUCH PAYMENT FOR THE STANDARD MEDICARE PREMIUM CHARGE
 SHALL  NOT  EXCEED  ONE  HUNDRED  THIRTY-FOUR DOLLARS PER MONTH.   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, employ-
 ee, retired employee and dependent contributions to the health insurance

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 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 authorized  by  subdivi-
 sion  two  of  section one hundred sixty-three of this article, 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 calculation  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.
   § 2. This act shall take effect immediately and  shall  apply  to  the
 standard medicare premium amount on and after April 1, 2018.
 
                                  PART AA
 
   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:
   § 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,  an  amount
 equal  to  the  STANDARD  MEDICARE premium charge for such supplementary
 medical insurance benefits 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.
 FURTHERMORE,  EFFECTIVE JANUARY FIRST, TWO THOUSAND NINETEEN THERE SHALL
 BE NO PAYMENT WHATSOEVER  FOR  THE  INCOME  RELATED  MONTHLY  ADJUSTMENT
 AMOUNT  FOR  AMOUNTS  (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND EIGHTEEN 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 organiza-
 tions of the state eligible for participation in the health benefit plan
 as  authorized  by subdivision two of section one hundred sixty-three of
 this article, shall be adjusted as necessary to cover the cost of  reim-
 bursing  federal  old-age,  survivors  and  disability insurance program
 premium charges under this section. This cost shall be included  in  the
 calculation  of  premium  or  subscription  charges  for health coverage
 provided to employees and retired employees of the state, public author-
 ities, 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

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 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.
   § 2. This act shall take effect immediately and shall apply on January
 1,  2018  for  the income related monthly adjustment amount for amounts,
 premiums, incurred on or after January 1, 2018.
 
                                  PART BB
 
   Section 1. Section 5004 of  the  civil  practice  law  and  rules,  as
 amended  by  chapter  258  of  the  laws  of 1981, is amended to read as
 follows:
   § 5004. Rate of interest. [Interest shall be at the rate of  nine  per
 centum  per annum, except where otherwise provided by statute.] NOTWITH-
 STANDING ANY OTHER PROVISION OF  LAW  OR  REGULATION  TO  THE  CONTRARY,
 INCLUDING  ANY LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF INTEREST
 TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE  OF  INTEREST
 TO  BE  PAID  ON  A JUDGMENT OR ACCRUED CLAIM SHALL BE CALCULATED AT THE
 ONE-YEAR UNITED STATES TREASURY BILL RATE.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEK-
 LY  AVERAGE  ONE-YEAR  CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY
 THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR  THE  CALENDAR
 WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES.
   §  2.  This  act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2018.
 
                                  PART CC
 
   Section 1. Paragraph p of subdivision 10 of section 54  of  the  state
 finance law, as amended by section 2 of part K of chapter 57 of the laws
 of  2011  and  subparagraph (ii) as amended by chapter 30 of the laws of
 2013, is amended to read as follows:
   p. Citizen empowerment tax credit. (i) For the purposes of this  para-
 graph,  "municipalities"  shall  mean cities with a population less than
 one million, towns and villages INCORPORATED ON OR BEFORE DECEMBER THIR-
 TY-FIRST, TWO THOUSAND SEVENTEEN.
   (ii) Within the annual amounts appropriated therefor, surviving  muni-
 cipalities  following  a  consolidation  or  dissolution occurring on or
 after the state fiscal year commencing April first, two thousand  seven,
 and  any  new coterminous town-village established after July first, two
 thousand twelve that operates principally as a town or as a village  but
 not  as  both  a  town and a village, shall be awarded additional annual
 aid, starting in the state fiscal year following the state  fiscal  year
 in  which  such  reorganization took effect, equal to fifteen percent of
 the combined amount of real property taxes levied by all of the  munici-
 palities  participating  in  the reorganization in the local fiscal year
 prior to the local fiscal year in which such reorganization took effect.
 In instances of the dissolution of a village located in  more  than  one
 town,  such additional aid shall equal the sum of fifteen percent of the
 real property taxes levied by such village in the  village  fiscal  year
 prior  to  the village fiscal year in which such dissolution took effect
 plus fifteen percent of the average amount of real property taxes levied
 by the towns in which the village was located in the  town  fiscal  year
 prior to the town fiscal year in which such dissolution took effect, and
 shall  be  divided  among  such  towns  based  on the percentage of such

 S. 7505--A                         97                         A. 9505--A
 
 village's population that resided in each  such  town  as  of  the  most
 recent  federal decennial census. In no case shall the additional ANNUAL
 aid pursuant to this paragraph exceed one million dollars. FOR  VILLAGES
 IN WHICH A MAJORITY OF THE ELECTORS VOTING AT A REFERENDUM ON A PROPOSED
 DISSOLUTION  PURSUANT  TO  SECTION  SEVEN  HUNDRED EIGHTY OF THE GENERAL
 MUNICIPAL LAW VOTE IN FAVOR OF DISSOLUTION AFTER DECEMBER  THIRTY-FIRST,
 TWO  THOUSAND  SEVENTEEN,  IN  NO  CASE  SHALL THE ADDITIONAL ANNUAL AID
 PURSUANT TO THIS PARAGRAPH EXCEED THE LESSER OF ONE MILLION  DOLLARS  OR
 THE  AMOUNT OF REAL PROPERTY TAXES LEVIED BY SUCH VILLAGE IN THE VILLAGE
 FISCAL YEAR PRIOR TO THE VILLAGE FISCAL YEAR IN WHICH  SUCH  DISSOLUTION
 TOOK EFFECT. Such additional ANNUAL aid shall be apportioned and paid to
 the  chief  fiscal  officer  of  each eligible municipality on or before
 September twenty-fifth of each such  state  fiscal  year  on  audit  and
 warrant  of  the  state  comptroller  out  of moneys appropriated by the
 legislature for such purpose to the credit of the local assistance fund.
   (iii) Any municipality receiving  a  citizen  empowerment  tax  credit
 pursuant  to  this  paragraph shall use at least seventy percent of such
 aid for property tax relief and the balance  of  such  aid  for  general
 municipal  purposes.  For each local fiscal year following the effective
 date of the chapter of the laws of two  thousand  eleven  which  amended
 this paragraph in which such aid is payable, a statement shall be placed
 on  each  property  tax  bill for such municipality in substantially the
 following form: "Your property tax savings this year resulting from  the
 State  Citizen  Empowerment  Tax  Credit received as the result of local
 government re-organization is $______." The property  tax  savings  from
 the  citizen  empowerment tax credit for each property tax bill shall be
 calculated by (1) multiplying the amount of the citizen empowerment  tax
 credit  used  for  property  tax  relief by the amount of property taxes
 levied on such property by such municipality and (2) dividing the result
 by the total amount of property taxes levied by such municipality.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. This part enacts into law components of legislation  relat-
 ing  to  local  government  shared  services.   Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  B.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart is set forth in 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 Part sets forth  the  general  effective
 date of this Part.

                                 SUBPART A
 
   Section 1. Section 106-b of the uniform justice court act, as added by
 chapter 87 of the laws of 2008, is amended to read as follows:
 § 106-b. Election  of [a single] ONE OR MORE town [justice] JUSTICES for
            two or more adjacent towns.
   1. Two or more adjacent towns within the same county,  acting  by  and
 through  their  town boards, are authorized to jointly undertake a study
 relating to the election of  [a  single]  ONE  OR  MORE  town  [justice]
 JUSTICES  who  shall  preside in the town courts of each such town. Such

 S. 7505--A                         98                         A. 9505--A
 
 study shall be commenced upon and conducted pursuant to a  joint  resol-
 ution  adopted  by the town board of each such adjacent town. Such joint
 resolution or a certified copy thereof shall upon adoption be  filed  in
 the  office  of  the  town  clerk of each adjacent town which adopts the
 resolution. No study authorized by this subdivision shall  be  commenced
 until the joint resolution providing for the study shall have been filed
 with  the  town clerks of at least two adjacent towns which adopted such
 joint resolution.
   2. Within thirty days after the conclusion of a study conducted pursu-
 ant to subdivision one of this  section,  each  town  which  shall  have
 adopted  the  joint resolution providing for the study shall publish, in
 its official newspaper or, if there be no official newspaper, in a news-
 paper published in the county and having a  general  circulation  within
 such  town,  notice that the study has been concluded and the time, date
 and place of the town public hearing on  such  study.  Each  town  shall
 conduct a public hearing on the study, conducted pursuant to subdivision
 one of this section, not less than twenty days nor more than thirty days
 after publication of the notice of such public hearing.
   3.  The  town  board  of  each town party to the study shall conduct a
 public hearing upon the findings of such study, and shall hear testimony
 and receive evidence and information thereon with regard to the election
 of one OR MORE town [justice] JUSTICES to preside over the  town  courts
 of  the adjacent towns which are parties to the joint resolution provid-
 ing for the study.
   4. Within sixty days of the last public hearing upon a study conducted
 pursuant to subdivision one of this section, town boards  of  each  town
 which  participated  in such study shall determine whether the town will
 participate in a joint plan providing for the election of [a single] ONE
 OR MORE town [justice] JUSTICES to preside in the town courts of two  or
 more  adjacent towns.  Every such joint plan shall only be approved by a
 town by the adoption of a resolution by the town board providing for the
 adoption of such joint plan. In the event two  or  more  adjacent  towns
 fail  to  adopt a joint plan, all proceedings authorized by this section
 shall terminate and the town courts of  such  towns  shall  continue  to
 operate in accordance with the existing provisions of law.
   5.  Upon  the  adoption of a joint plan by two or more adjacent towns,
 the town boards of the towns adopting such plan shall each adopt a joint
 resolution providing for:
   a. the election of [a single] ONE OR MORE town [justice]  JUSTICES  at
 large to preside in the town courts of the participating towns;
   b. the abolition of the existing office of town justice in the partic-
 ipating towns; and
   c.  the  election of [such single] ONE OR MORE town [justice] JUSTICES
 shall occur at the next general election  of  town  officers  and  every
 fourth year thereafter.
   6.  Upon the adoption of a joint resolution, such [resolution shall be
 forwarded to the state legislature, and  shall  constitute  a  municipal
 home rule message pursuant to article nine of the state constitution and
 the  municipal home rule law. No such joint resolution shall take effect
 until state legislation enacting the joint resolution shall have  become
 a  law]  JOINT  PLAN  THAT PROVIDES FOR THE ELECTION OF ONE OR MORE TOWN
 JUSTICES TO PRESIDE IN THE TOWN COURTS OF TWO  OR  MORE  ADJACENT  TOWNS
 SHALL  BE  DEEMED  EFFECTIVE  AND  SHALL  BE  IMPLEMENTED  IN THE MANNER
 PROVIDED IN SUCH RESOLUTION.
   7. Every town justice elected to preside in multiple towns pursuant to
 this section shall have jurisdiction in each of the participating  adja-

 S. 7505--A                         99                         A. 9505--A
 
 cent  towns, shall preside in the town courts of such towns, shall main-
 tain separate records and dockets for each town court, and  shall  main-
 tain  a  separate  bank  account  for each town court for the deposit of
 moneys received by each town court.
   8.  In  the  event  any  town  court operated pursuant to a joint plan
 enacted into law pursuant to this section is without the services of the
 [single] ONE OR MORE town [justice] JUSTICES because of absence or disa-
 bility, the provisions of section one hundred six of  this  article  and
 the town law shall apply.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  Section  119-u  of the general municipal law, as added by
 chapter 242 of the laws of 1993, subdivision 3 as amended by chapter 418
 of the laws of 1995, is amended to read as follows:
   § 119-u. Intermunicipal cooperation in comprehensive planning and land
 use regulation. 1. Legislative intent.   This  section  is  intended  to
 illustrate AND BROADEN the statutory authority that any municipal corpo-
 ration  has  under  article five-G of this chapter and place within land
 use, PLANNING AND ZONING law express statutory authority  for  COUNTIES,
 cities,  towns,  and  villages  to  enter  into  agreements to undertake
 comprehensive planning, ZONING, and land use regulation with each  other
 or one for the other, and to provide that any city, town, or village may
 contract  with a county to carry out all or a portion of the [ministeri-
 al] functions related to the land use, PLANNING AND ZONING of such COUN-
 TY, city, town or village as may be agreed upon.  By  the  enactment  of
 this  section the legislature seeks to promote intergovernmental cooper-
 ation that could result in increased coordination and  effectiveness  of
 comprehensive  planning, ZONING, and land use regulation, more efficient
 use of infrastructure and municipal revenues, as well  as  the  enhanced
 protection  of community resources, especially where such resources span
 municipal boundaries.
   2. Authorization and effects. (a) In addition to any other general  or
 special  powers  vested  in a COUNTY, city, town or village to prepare a
 comprehensive plan and enact and administer  land  use  regulations,  by
 local  law  or ordinance, rule or regulation, each COUNTY, city, town or
 village is hereby authorized to enter into, amend, cancel and  terminate
 agreements  with  any  other municipality or municipalities to undertake
 all or a portion of such powers, functions and duties.
   (b) Any one or more municipalities  located  in  a  county  which  has
 established a county planning board, commission or other agency, herein-
 after  referred to as a county planning agency, are hereby authorized to
 enter into, amend, cancel and terminate agreements with such  county  in
 order  to  authorize the county planning agency to perform and carry out
 certain [ministerial] functions on behalf of such municipality or  muni-
 cipalities  related to land use, planning and zoning. Such functions may
 include, but are not limited to, acting in an advisory capacity, assist-
 ing in the preparation of comprehensive  plans,  ZONING,  and  land  use
 regulations  to  be adopted and enforced by such municipality or munici-
 palities and participating in the formation and functions of  individual
 or  joint administrative boards and bodies formed by one or more munici-
 palities. THE ADMINISTRATION AND ENFORCEMENT  OF  ZONING  AND  LAND  USE
 REGULATIONS  MAY BE PERFORMED IN ACCORDANCE WITH A PROGRAM AUTHORIZED IN
 ACCORDANCE WITH SECTIONS ONE HUNDRED NINETEEN-V AND  ONE  HUNDRED  NINE-
 TEEN-W OF THIS ARTICLE.

 S. 7505--A                         100                        A. 9505--A
 
   (c) Such agreements shall apply only to the performance or exercise of
 any  function  or power which each of the municipal corporations has the
 authority by any general or special law to prescribe, perform, or  exer-
 cise separately.
   3. Definitions. As used herein:
   (a) "Municipality", means a city, town or village.
   (b)  "Land use regulation", means an ordinance or local law enacted by
 a municipality for the regulation of any aspect of land use and communi-
 ty resource protection and includes any zoning, subdivision, special use
 permit or site plan regulation or any other regulations which  prescribe
 the appropriate use of property or the scale, location, and intensity of
 development.
   (c)  "Community  resource",  means a specific public facility, infras-
 tructure system, or geographic area  of  special  economic  development,
 environmental,  scenic, cultural, historic, recreational, parkland, open
 space, natural resource, or other unique significance, located wholly or
 partially within the boundaries of one or more given municipalities.
   (d) "Intermunicipal  overlay  district",  means  a  special  land  use
 district  which  encompasses  all  or  a  portion of one or more munici-
 palities for the purpose of protecting, enhancing, or developing one  or
 more community resources as provided herein.
   4.  Intermunicipal agreements. In addition to any other powers granted
 to [municipalities] A COUNTY, CITY, TOWN, OR VILLAGE  to  contract  with
 each  other  to undertake joint, cooperative agreements any municipality
 may:
   (a) create a consolidated planning board OR SUBMIT A  REQUEST  TO  THE
 COUNTY LEGISLATIVE BODY FOR THE CREATION OF A COUNTY PLANNING BOARD, ANY
 ONE  OF  which  may  replace  individual  planning boards, if any, which
 consolidated OR COUNTY planning board shall have the powers  and  duties
 as shall be determined by such agreement;
   (b)  create a consolidated zoning board of appeals OR SUBMIT A REQUEST
 TO THE COUNTY LEGISLATIVE BODY FOR THE CREATION OF A COUNTY ZONING BOARD
 OF APPEALS, ANY ONE OF which may replace  individual  zoning  boards  of
 appeals,  if  any,  which consolidated OR COUNTY zoning board of appeals
 shall have the powers and duties as shall be determined by  such  agree-
 ment;
   (c)  create a comprehensive plan and/or land use regulations which may
 be adopted independently by each participating municipality;
   (d) provide for a land  use  administration  and  enforcement  program
 which  may  replace  individual  land use administration and enforcement
 programs, if any, the terms and conditions of which shall be  set  forth
 in such agreement; and
   (e)  create  an  intermunicipal  overlay  district  for the purpose of
 protecting, enhancing, or developing community resources that  encompass
 two or more municipalities.
   5. Special considerations. (a) Making joint agreements.  Any agreement
 made  pursuant  to the provisions of this section may contain provisions
 as the parties deem to be appropriate, and including provisions relative
 to the items designated in paragraphs a through m inclusive as set forth
 in subdivision two of section one hundred nineteen-o of this chapter.
   (b) Establishing the duration of agreement. Any  local  law  developed
 pursuant  to  the  provisions of this section may contain procedures for
 periodic review of the terms and conditions, including those relating to
 the duration, extension or termination of the agreement.
   (c) Amending local laws or ordinances. Local laws or ordinances  shall
 be  amended,  as  appropriate,  to  reflect  the provisions contained in

 S. 7505--A                         101                        A. 9505--A
 
 intermunicipal agreements established pursuant to the provisions of this
 section.
   6.  Appeal  of  action  by  aggrieved  party  or parties. Any officer,
 department, board or bureau of any municipality with the approval of the
 legislative  body,  or  any  person  or  persons  jointly  or  severally
 aggrieved  by  any  act or decision of a planning board, COUNTY PLANNING
 BOARD, zoning board of appeals, COUNTY ZONING BOARD OF APPEALS, or agen-
 cy created pursuant to the provisions  of  this  [section]  ARTICLE  may
 bring  a  proceeding  by article seventy-eight of the civil practice law
 and rules in a court of record on the ground that such decision is ille-
 gal, in whole or in part. Such proceeding must be commenced within thir-
 ty days after the filing of the decision in the  office  of  the  board.
 Commencement  of  the  proceeding  BY ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES IN A COURT shall stay ALL OTHER proceedings  upon
 the  decision from which the appeal is taken. All issues in any proceed-
 ing under this [section] ARTICLE shall have a preference over all  other
 civil actions and proceedings.
   7.  Any agreements made between two or more [municipalities] COUNTIES,
 CITIES, TOWNS, OR VILLAGES pursuant to article five-G of this chapter or
 other law which provides for the undertaking of any land use,  PLANNING,
 AND  ZONING  regulation  or activity on a joint, cooperative or contract
 basis, if valid when so made, shall not be invalidated by the provisions
 of this [section] ARTICLE.
   8. TRAINING AND ATTENDANCE REQUIREMENTS.  (A) EACH MEMBER OF A  COUNTY
 ZONING  BOARD  OF  APPEALS,  COUNTY PLANNING BOARD, OR OTHER COUNTY BODY
 ESTABLISHED TO APPROVE LAND USE, PLANNING OR ZONING APPLICATIONS THAT IS
 SUBJECT TO AN AGREEMENT UNDER THIS ARTICLE SHALL COMPLETE, AT A MINIMUM,
 FOUR HOURS OF TRAINING EACH YEAR DESIGNED TO ENABLE SUCH MEMBERS TO MORE
 EFFECTIVELY CARRY OUT THEIR DUTIES. TRAINING RECEIVED  BY  A  MEMBER  IN
 EXCESS  OF  FOUR HOURS IN ANY ONE YEAR MAY BE CARRIED OVER BY THE MEMBER
 INTO SUCCEEDING YEARS IN ORDER TO MEET THE REQUIREMENTS OF THIS SUBDIVI-
 SION. SUCH TRAINING SHALL  BE  APPROVED  BY  THE  GOVERNING  BOARD  THAT
 APPOINTED  THE  MEMBER  AND MAY INCLUDE, BUT NOT BE LIMITED TO, TRAINING
 PROVIDED BY A  MUNICIPALITY,  REGIONAL  OR  COUNTY  PLANNING  OFFICE  OR
 COMMISSION,  COUNTY PLANNING FEDERATION, STATE AGENCY, STATEWIDE MUNICI-
 PAL ASSOCIATION, COLLEGE  OR  OTHER  SIMILAR  ENTITY.  TRAINING  MAY  BE
 PROVIDED  IN  A  VARIETY OF FORMATS, INCLUDING BUT NOT LIMITED TO, ELEC-
 TRONIC MEDIA, VIDEO, DISTANCE LEARNING AND TRADITIONAL CLASSROOM  TRAIN-
 ING.
   (B)  TO BE ELIGIBLE FOR REAPPOINTMENT TO SUCH BOARD, SUCH MEMBER SHALL
 HAVE COMPLETED THE TRAINING APPROVED BY THE  BOARD  THAT  APPOINTED  THE
 MEMBER PURSUANT TO LAW.
   (C)  THE  TRAINING REQUIRED BY THIS SUBDIVISION MAY BE WAIVED OR MODI-
 FIED BY RESOLUTION OF THE BOARD THAT APPOINTED THE MEMBER WHEN,  IN  THE
 JUDGMENT  OF  SUCH BOARD, IT IS IN THE BEST INTEREST OF THE MUNICIPALITY
 TO DO SO.
   (D) NO DECISION OF SUCH BOARD SHALL  BE  VOIDED  OR  DECLARED  INVALID
 BECAUSE  OF  A  FAILURE  OF ANY OF ITS BOARD MEMBERS TO COMPLY WITH THIS
 SUBDIVISION.
   9. The provisions of this [section] ARTICLE shall be  in  addition  to
 existing  authority  and shall not be deemed or constructed as a limita-
 tion, diminution or derogation of any  statutory  authority  authorizing
 municipal cooperation.
   §  2.  Article 5-J of the general municipal law is amended by adding a
 new section 119-v to read as follows:

 S. 7505--A                         102                        A. 9505--A
 
   § 119-V. COUNTY ADMINISTRATION OF LAND USE REGULATIONS. A TOWN,  CITY,
 OR VILLAGE WITHIN A COUNTY MAY REQUEST BY LOCAL LAW THAT THE LEGISLATIVE
 BODY  OF  ITS COUNTY ADOPT A PROGRAM FOR THE ADMINISTRATION AND ENFORCE-
 MENT OF ANY LAND USE AND PLANNING REGULATIONS AND ANY  ZONING  ORDINANCE
 OR  LOCAL  LAW,  IN  FORCE  OR  PROPOSED IN SAID TOWN, CITY, OR VILLAGE.
 DURING THE PERIOD IN WHICH THE COUNTY LEGISLATIVE BODY IS DEVELOPING AND
 ADOPTING SUCH PROGRAM, ANY EXISTING PLANNING, ZONING, AND OTHER LAND USE
 REGULATIONS INCLUDED IN SUCH COUNTY REQUEST SHALL REMAIN IN  FULL  FORCE
 AND  EFFECT. THE GOVERNING BOARD OF EACH TOWN, CITY, OR VILLAGE REQUEST-
 ING COUNTY ADMINISTRATION AND ENFORCEMENT OF  THE  LOCAL  LAND  USE  AND
 PLANNING  REGULATIONS SHALL RECEIVE WRITTEN NOTIFICATION THAT THE COUNTY
 LEGISLATIVE BODY HAS ADOPTED SUCH PROGRAM. UPON SUCH COUNTY NOTIFICATION
 TO THE TOWN, CITY, OR VILLAGE,  THE  COUNTY  PROGRAM  SO  DEVELOPED  AND
 ADOPTED  SHALL  APPLY  IN  THE  TOWN, CITY, OR VILLAGE REQUESTING COUNTY
 ADMINISTRATION AND ENFORCEMENT OF ANY LAND USE AND PLANNING  REGULATIONS
 FROM  THIRTY DAYS THEREAFTER UNLESS AND UNTIL THE TOWN, CITY, OR VILLAGE
 REQUEST HAS BEEN WITHDRAWN BY LOCAL LAW. NOTHING SHALL PREVENT A  COUNTY
 LEGISLATIVE  BODY FROM DEVELOPING AND ADOPTING A PROGRAM FOR THE COUNTY-
 WIDE OR PART-COUNTY ADMINISTRATION AND  ENFORCEMENT  OF  THE  LAND  USE,
 PLANNING  AND  ZONING REGULATIONS UPON THE REQUEST OF TWO OR MORE TOWNS,
 CITIES, AND/OR VILLAGES LOCATED WITHIN THE COUNTY.
   § 3. Article 5-J of the general municipal law is amended by  adding  a
 new section 119-w to read as follows:
   §  119-W. COUNTY PLANNING COMMISSION OR OTHER SIMILAR COUNTY ENTITY OR
 DEPARTMENT. 1. THE COUNTY LEGISLATIVE BODY MAY ESTABLISH A COUNTY  PLAN-
 NING COMMISSION TO IMPLEMENT THE INTERMUNICIPAL AGREEMENT CREATED PURSU-
 ANT  TO  THIS  ARTICLE;  PROVIDED  HOWEVER, THAT WHERE A COUNTY PLANNING
 BOARD, COMMISSION, OR OTHER COUNTY ENTITY OR DEPARTMENT  ALREADY  EXISTS
 IN  ACCORDANCE  WITH  A COUNTY CHARTER OR LOCAL LAW, THE EXISTING BOARD,
 COMMISSION, ENTITY OR DEPARTMENT MAY BE APPOINTED BY THE COUNTY LEGISLA-
 TIVE BODY AS THE COUNTY PLANNING COMMISSION TO IMPLEMENT THE INTERMUNIC-
 IPAL AGREEMENT AUTHORIZED IN THIS ARTICLE. PLANNING  COMMISSIONS  ESTAB-
 LISHED   TO   IMPLEMENT   PROVISIONS  OF  THIS  ARTICLE  AFTER  DECEMBER
 THIRTY-FIRST, TWO THOUSAND SEVENTEEN SHALL CONSIST OF SEVEN MEMBERS  WHO
 SHALL  BE APPOINTED BY THE COUNTY LEGISLATIVE BODY. THREE MEMBERS OF THE
 COMMISSION SHALL BE APPOINTED FOR TERMS OF ONE YEAR, THREE FOR TERMS  OF
 TWO  YEARS  AND ONE MEMBER SHALL BE APPOINTED FOR A TERM OF THREE YEARS.
 SUCCESSORS SHALL BE APPOINTED FOR TERMS OF THREE YEARS EACH.  A  VACANCY
 OCCURRING  OTHERWISE  THAN  BY  EXPIRATION  OF  TERM  SHALL BE FILLED BY
 APPOINTMENT BY THE LEGISLATIVE BODY OF THE  COUNTY  GOVERNMENT  FOR  THE
 UNEXPIRED  TERM.  SUCH COMMISSION SHALL HAVE POWER, WITHIN THE LIMITS OF
 THE APPROPRIATION MADE BY THE LEGISLATIVE BODY OF THE COUNTY, TO  EMPLOY
 A  SECRETARY  AND  OTHER  NECESSARY  CLERICAL  ASSISTANTS  AND EMPLOY OR
 CONTRACT WITH SUCH TECHNICAL ASSISTANTS AS MAY BE NECESSARY FROM TIME TO
 TIME TO GIVE FULL EFFECT TO THE PROVISIONS OF THIS ARTICLE.
   2. WHERE AN INTERMUNICIPAL AGREEMENT CREATED PURSUANT TO THIS  ARTICLE
 SO  PROVIDES,  THE  COUNTY PLANNING COMMISSION MAY, AT THE OPTION OF THE
 LOCAL LEGISLATIVE BODY OF A TOWN, VILLAGE OR CITY OF  THE  COUNTY,  HAVE
 CONTROL  OF  LAND  USE,  ZONING,  AND  LAND  SUBDIVISION IN SUCH MUNICI-
 PALITIES, AND NO MAP SUBDIVIDING LAND INTO LOTS FOR RESIDENTIAL OR BUSI-
 NESS PURPOSES IN ANY SUCH MUNICIPALITY SHALL BE ACCEPTED FOR  FILING  BY
 THE  COUNTY CLERK UNLESS IT SHALL HAVE BEEN FIRST APPROVED BY THE COUNTY
 PLANNING COMMISSION AND SHALL HAVE SUCH APPROVAL ENDORSED THEREON.
   3. FOR THE PURPOSE OF PROMOTING THE HEALTH,  SAFETY,  MORALS,  OR  THE
 GENERAL  WELFARE  OF  THE COUNTY, THE LEGISLATIVE BODY OF THE COUNTY, AT
 THE OPTION OF THE LEGISLATIVE BODY OF A TOWN, VILLAGE  OR  CITY  OF  THE

 S. 7505--A                         103                        A. 9505--A
 
 COUNTY,  WHEN  AN  INTERMUNICIPAL  AGREEMENT SO PROVIDES, SUCH COUNTY IS
 AUTHORIZED TO ADOPT A LOCAL LAW TO REGULATE  AND  RESTRICT  THE  HEIGHT,
 NUMBER  OF  STORIES  AND  SIZE  OF  BUILDINGS  AND OTHER STRUCTURES, THE
 PERCENTAGE  OF  LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS, AND
 OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION  AND  USE
 OF  BUILDINGS,  STRUCTURES  AND  LAND  FOR TRADE, INDUSTRY, RESIDENCE OR
 OTHER PURPOSES; PROVIDED FURTHER, THAT ALL CHARGES AND EXPENSES INCURRED
 UNDER THIS ARTICLE FOR ZONING AND PLANNING MAY  BE  A  CHARGE  UPON  THE
 TAXABLE PROPERTY OF THAT PART OF THE COUNTY.
   4.  SUCH  COUNTY  LOCAL  LAW SHALL PROVIDE THAT A BOARD OF APPEALS MAY
 DETERMINE AND VARY THE APPLICATION OF THE PROVISIONS IN SAID  LOCAL  LAW
 IN  HARMONY WITH THE LAW'S GENERAL PURPOSE AND INTENT, AND IN ACCORDANCE
 WITH GENERAL OR SPECIFIC RULES THEREIN, PROVIDED THAT FOR:
   (A) ORDERS, REQUIREMENTS, DECISIONS, INTERPRETATIONS,  DETERMINATIONS.
 THE  BOARD  OF  APPEALS  MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
 MODIFY THE ORDER, REQUIREMENT, DECISION, INTERPRETATION OR DETERMINATION
 APPEALED FROM AND SHALL MAKE SUCH ORDER, REQUIREMENT,  DECISION,  INTER-
 PRETATION  OR DETERMINATION AS IN ITS OPINION OUGHT TO HAVE BEEN MADE IN
 THE MATTER BY THE ADMINISTRATIVE OFFICIAL CHARGED WITH  THE  ENFORCEMENT
 OF SUCH ORDINANCE OR LOCAL LAW AND TO THAT END SHALL HAVE ALL THE POWERS
 OF  THE ADMINISTRATIVE OFFICIAL FROM WHOSE ORDER, REQUIREMENT, DECISION,
 INTERPRETATION OR DETERMINATION THE APPEAL IS TAKEN.
   (B) USE VARIANCES. (1) THE BOARD OF APPEALS, ON APPEAL FROM THE  DECI-
 SION  OR  DETERMINATION  OF THE ADMINISTRATIVE OFFICIAL CHARGED WITH THE
 ENFORCEMENT OF SUCH ORDINANCE OR LOCAL LAW,  SHALL  HAVE  THE  POWER  TO
 GRANT USE VARIANCES, AS DEFINED IN THIS SECTION.
   (2)  NO  SUCH  USE  VARIANCE  SHALL BE GRANTED BY THE BOARD OF APPEALS
 WITHOUT A SHOWING BY THE APPLICANT THAT  APPLICABLE  ZONING  REGULATIONS
 AND  RESTRICTIONS  HAVE  CAUSED  UNNECESSARY HARDSHIP. IN ORDER TO PROVE
 SUCH UNNECESSARY HARDSHIP THE APPLICANT SHALL DEMONSTRATE TO  THE  BOARD
 OF  APPEALS THAT FOR EACH AND EVERY PERMITTED USE UNDER THE ZONING REGU-
 LATIONS FOR THE PARTICULAR DISTRICT WHERE THE PROPERTY IS  LOCATED,  (I)
 THE  APPLICANT CANNOT REALIZE A REASONABLE RETURN, PROVIDED THAT LACK OF
 RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT  FINANCIAL  EVIDENCE;
 (II)   THAT THE ALLEGED HARDSHIP RELATING TO THE PROPERTY IN QUESTION IS
 UNIQUE, AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE  DISTRICT  OR
 NEIGHBORHOOD;  (III)  THAT  THE REQUESTED USE VARIANCE, IF GRANTED, WILL
 NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD; AND (IV) THAT THE
 ALLEGED HARDSHIP HAS NOT BEEN SELF-CREATED.
   (3) THE BOARD OF APPEALS, IN THE  GRANTING  OF  USE  VARIANCES,  SHALL
 GRANT  THE MINIMUM VARIANCE THAT IT SHALL DEEM NECESSARY AND ADEQUATE TO
 ADDRESS THE UNNECESSARY HARDSHIP PROVEN BY THE  APPLICANT,  AND  AT  THE
 SAME TIME PRESERVE AND PROTECT THE CHARACTER OF THE NEIGHBORHOOD AND THE
 HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.
   (C)  AREA  VARIANCES.  (1)  THE ZONING BOARD OF APPEALS SHALL HAVE THE
 POWER, UPON AN APPEAL FROM A DECISION OR DETERMINATION OF  THE  ADMINIS-
 TRATIVE OFFICIAL CHARGED WITH THE ENFORCEMENT OF SUCH ORDINANCE OF LOCAL
 LAW, TO GRANT AREA VARIANCES AS DEFINED IN THIS SECTION.
   (2)  IN  MAKING  ITS  DETERMINATION, THE ZONING BOARD OF APPEALS SHALL
 TAKE INTO CONSIDERATION THE BENEFIT TO THE APPLICANT IF THE VARIANCE  IS
 GRANTED,  AS  WEIGHED  AGAINST  THE  DETRIMENT TO THE HEALTH, SAFETY AND
 WELFARE OF THE NEIGHBORHOOD OR COMMUNITY BY SUCH GRANT. IN  MAKING  SUCH
 DETERMINATION  THE BOARD SHALL ALSO CONSIDER: (I) WHETHER AN UNDESIRABLE
 CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR A DETRI-
 MENT TO NEARBY PROPERTIES WILL BE CREATED BY THE GRANTING  OF  THE  AREA
 VARIANCE;  (II)  WHETHER  THE  BENEFIT  SOUGHT  BY  THE APPLICANT CAN BE

 S. 7505--A                         104                        A. 9505--A
 
 ACHIEVED BY SOME METHOD, FEASIBLE FOR THE  APPLICANT  TO  PURSUE,  OTHER
 THAN  AN  AREA  VARIANCE;  (III)  WHETHER THE REQUESTED AREA VARIANCE IS
 SUBSTANTIAL; (IV) WHETHER THE PROPOSED VARIANCE  WILL  HAVE  AN  ADVERSE
 EFFECT  OR  IMPACT  ON  THE  PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE
 NEIGHBORHOOD OR COMMUNITY; AND (V) WHETHER THE  ALLEGED  DIFFICULTY  WAS
 SELF-CREATED,  WHICH  CONSIDERATION SHALL BE RELEVANT TO THE DECISION OF
 THE BOARD OF APPEALS, BUT SHALL NOT NECESSARILY PRECLUDE THE GRANTING OF
 THE AREA VARIANCE.
   (3) THE BOARD OF APPEALS, IN THE GRANTING  OF  AREA  VARIANCES,  SHALL
 GRANT THE MINIMUM VARIANCE THAT IT SHALL DEEM NECESSARY AND ADEQUATE AND
 AT  THE SAME TIME PRESERVE AND PROTECT THE CHARACTER OF THE NEIGHBORHOOD
 AND THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.
   (D) IMPOSITION OF CONDITIONS. THE  BOARD  OF  APPEALS  SHALL,  IN  THE
 GRANTING OF BOTH USE VARIANCES AND AREA VARIANCES, HAVE THE AUTHORITY TO
 IMPOSE  SUCH  REASONABLE  CONDITIONS  AND  RESTRICTIONS  AS ARE DIRECTLY
 RELATED TO AND INCIDENTAL TO THE PROPOSED  USE  OF  THE  PROPERTY.  SUCH
 CONDITIONS  SHALL BE CONSISTENT WITH THE SPIRIT AND INTENT OF THE ZONING
 ORDINANCE OR LOCAL LAW, AND SHALL BE IMPOSED FOR THE PURPOSE OF MINIMIZ-
 ING ANY ADVERSE IMPACT SUCH VARIANCE MAY HAVE  ON  THE  NEIGHBORHOOD  OR
 COMMUNITY.
   5.  IN  ADDITION TO THE FOREGOING, THE COUNTY LEGISLATIVE BODY, AT THE
 OPTION OF THE LEGISLATIVE BODY OF A TOWN, VILLAGE OR CITY OF THE COUNTY,
 IS EMPOWERED TO ADOPT BY LOCAL LAW A COMPREHENSIVE PLAN IN SO FAR AS THE
 PLAN RELATES TO ANY PORTION OF THE COUNTY ADDRESSED IN SAID INTERMUNICI-
 PAL AGREEMENT AND ALSO ANY PORTION WHICH RELATES TO STATE  HIGHWAYS  AND
 COUNTY  OR  TOWN  ROADS, COUNTY BUILDINGS AND NAVIGABLE WATERWAYS, IRRE-
 SPECTIVE OF WHETHER THEY MAY BE LOCATED WITHIN  THE  BOUNDARIES  OF  ANY
 TOWN,  CITY OR VILLAGE OR ELSEWHERE WITHIN THE COUNTY. UPON THE ADOPTION
 OF ANY SUCH LOCAL LAW, THE LEGISLATIVE BODY OF  THE  COUNTY  SHALL  FILE
 WITH  THE  COUNTY  CLERK  FORTHWITH  A CERTIFIED COPY THEREOF, INCLUDING
 COPIES OF ALL RELEVANT MAPS AND PLANS. THE COUNTY PLANNING COMMISSION OR
 COUNTY ENTITY OR DEPARTMENT APPOINTED BY THE  COUNTY  LEGISLATIVE  BODY,
 MAY  DEVELOP  AND  RECOMMEND THE COUNTY COMPREHENSIVE PLAN TO THE COUNTY
 LEGISLATIVE BODY FOR ITS ADOPTION.
   6. WHENEVER A COMPREHENSIVE PLAN, OR ONE OR MORE PARTS THEREOF,  SHALL
 HAVE  BEEN  ADOPTED AS HEREINBEFORE PROVIDED, NO STREET, SQUARE, PARK OR
 OTHER PUBLIC WAY, GROUND, OPEN  SPACE  OR  OTHER  PUBLIC  PLACE,  PUBLIC
 BUILDING,  STRUCTURE  OR  PUBLIC  UTILITY (WHETHER PUBLICLY OR PRIVATELY
 OWNED) SHALL BE CONSTRUCTED OR AUTHORIZED IN ANY PORTION OF  THE  COUNTY
 IN  RESPECT  TO  WHICH SAID PLAN OR PART THEREOF HAS BEEN ADOPTED, UNTIL
 THE LOCATION, CHARACTER AND EXTENT THEREOF SHALL HAVE BEEN SUBMITTED  TO
 AND  APPROVED  BY  THE  COUNTY  PLANNING COMMISSION AS CONFORMING TO THE
 GENERAL INTENT AND PURPOSE OF THE COMPREHENSIVE PLAN. THE  COUNTY  PLAN-
 NING  COMMISSION  SHALL MAKE RULES RELATING TO SUCH MATTERS, WHICH SHALL
 PROVIDE FOR NOTICE TO ALL PARTIES INTERESTED, INCLUDING UNITS  OF  LOCAL
 GOVERNMENT  WHICH  MAY  BE AFFECTED THEREBY, AND INCLUDING THE OFFICE OF
 PARKS, RECREATION AND HISTORIC  PRESERVATION  IF  THE  MATTER  SUBMITTED
 RELATES  TO  ANY  PORTION  OF  THE COUNTY WITHIN TWO HUNDRED FEET OF ANY
 STATE PARK OR PARKWAY. IF THE MATTER SUBMITTED RELATES TO THE  TERRITORY
 OF  ANY UNIT OF LOCAL GOVERNMENT WHICH HAS ADOPTED A PLAN OF DEVELOPMENT
 PRIOR TO THE ADOPTION OF THE COMPREHENSIVE PLAN, SUCH PLAN SHALL NOT  BE
 SUPERSEDED EXCEPT BY A TWO-THIRDS VOTE OF THE WHOLE NUMBER OF MEMBERS OF
 THE COUNTY PLANNING COMMISSION.
   §  4.  Section  10  of  the statute of local governments is amended by
 adding a new subdivision 6-a to read as follows:

 S. 7505--A                         105                        A. 9505--A
 
   6-A. IN THE CASE OF A COUNTY, WHEN AUTHORIZED BY LOCAL LAW ADOPTED  BY
 THE  LEGISLATIVE  BODY OF ANY CITY, TOWN OR VILLAGE OF THE COUNTY AND IN
 ACCORDANCE WITH AN INTERMUNICIPAL AGREEMENT  ENTERED  INTO  BETWEEN  THE
 LOCAL GOVERNMENTS IN A MANNER PRESCRIBED BY STATUTE, THE POWER TO ADOPT,
 AMEND,  REPEAL,  AND/OR ENFORCE ZONING AND OTHER LAND USE REGULATIONS IN
 ALL OR PART OF SUCH CITY, VILLAGE OR TOWN, PROVIDED HOWEVER, AN INTERMU-
 NICIPAL AGREEMENT ENTERED INTO WITH A COUNTY TO  ALLOW  SUCH  COUNTY  TO
 ADOPT,  AMEND,  REPEAL,  AND/OR  ENFORCE ZONING AND OTHER LAND USE REGU-
 LATIONS WITHIN A VILLAGE WOULD REQUIRE THE AUTHORIZATION FROM THE LEGIS-
 LATIVE BODY OF SUCH VILLAGE.
   § 5.  Section four of this act shall take effect immediately after  it
 is  enacted  by  the  legislature  with  the approval of the governor in
 accordance with paragraph one of subdivision (b) of section two of arti-
 cle nine of the constitution, and provided that it is re-enacted by  the
 legislature  and  approved  by the governor in the next calendar year in
 accordance with such paragraph. After such re-enactment by the  legisla-
 ture and approval by the governor of section four of this act in accord-
 ance with article nine of the constitution, sections one, two, and three
 of  this  act  shall  take effect immediately after such date; provided,
 further, that the governor's office shall notify  the  legislative  bill
 drafting  commission upon the occurrence of the enactment of this legis-
 lation provided for in this section in order  that  the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Subparts A and B of this Part shall be
 as specifically set forth in the last section of such Subparts.
 
                                  PART EE
 
   Section 1. The general municipal law is amended by adding a new  arti-
 cle 12-I to read as follows:
                               ARTICLE 12-I
                    COUNTY-WIDE SHARED SERVICES PANELS
 SECTION 239-BB. COUNTY-WIDE SHARED SERVICES PANELS.
   §  239-BB.  COUNTY-WIDE  SHARED  SERVICES  PANELS. 1. DEFINITIONS. THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS FOR  THE  PURPOSES  OF
 THIS ARTICLE:
   A. "COUNTY" SHALL MEAN ANY COUNTY NOT WHOLLY CONTAINED WITHIN A CITY.
   B.  "COUNTY  CEO"  SHALL  MEAN THE COUNTY EXECUTIVE, COUNTY MANAGER OR
 OTHER CHIEF EXECUTIVE OF THE COUNTY, OR, WHERE NONE, THE  CHAIR  OF  THE
 COUNTY LEGISLATIVE BODY.
   C.  "PANEL" SHALL MEAN A COUNTY-WIDE SHARED SERVICES PANEL ESTABLISHED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.

 S. 7505--A                         106                        A. 9505--A
 
   D. "PLAN" SHALL  MEAN  A  COUNTY-WIDE  SHARED  SERVICES  PROPERTY  TAX
 SAVINGS PLAN.
   2. COUNTY-WIDE SHARED SERVICES PANELS. A. THERE SHALL BE A COUNTY-WIDE
 SHARED  SERVICES  PANEL IN EACH COUNTY CONSISTING OF THE COUNTY CEO, AND
 ONE REPRESENTATIVE FROM EACH CITY, TOWN AND VILLAGE IN THE  COUNTY.  THE
 CHIEF  EXECUTIVE  OFFICER  OF  EACH  TOWN, CITY AND VILLAGE SHALL BE THE
 REPRESENTATIVE TO A PANEL AND SHALL  BE  THE  MAYOR,  IF  A  CITY  OR  A
 VILLAGE,  OR  SHALL  BE  THE SUPERVISOR, IF A TOWN. THE COUNTY CEO SHALL
 SERVE AS CHAIR. ALL PANELS ESTABLISHED IN EACH COUNTY PURSUANT  TO  PART
 BBB  OF  CHAPTER  FIFTY-NINE  OF THE LAWS OF TWO THOUSAND SEVENTEEN, AND
 PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL CONTINUE  IN  SATISFACTION
 OF THIS SECTION IN SUCH FORM AS THEY WERE ESTABLISHED, PROVIDED THAT THE
 COUNTY  CEO  MAY ALTER THE MEMBERSHIP OF THE PANEL CONSISTENT WITH PARA-
 GRAPH B OF THIS SUBDIVISION.
   B. THE COUNTY CEO MAY INVITE ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES,  FIRE  DISTRICT,  FIRE  PROTECTION  DISTRICT,  OR
 SPECIAL  IMPROVEMENT  DISTRICT  IN THE COUNTY TO JOIN A PANEL. UPON SUCH
 INVITATION, THE GOVERNING BODY OF SUCH SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, FIRE DISTRICT, FIRE PROTECTION DISTRICT,  OR
 OTHER  SPECIAL DISTRICT MAY ACCEPT SUCH INVITATION BY SELECTING A REPRE-
 SENTATIVE OF SUCH GOVERNING BODY, BY MAJORITY VOTE, TO SERVE AS A MEMBER
 OF THE PANEL. SUCH SCHOOL DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICT,  FIRE  PROTECTION  DISTRICT  OR OTHER SPECIAL
 DISTRICT SHALL MAINTAIN  SUCH  REPRESENTATION  UNTIL  THE  PANEL  EITHER
 APPROVES  A  PLAN  OR TRANSMITS A STATEMENT TO THE SECRETARY OF STATE ON
 THE REASON THE PANEL DID NOT APPROVE A PLAN, PURSUANT TO PARAGRAPH D  OF
 SUBDIVISION  SEVEN OF THIS SECTION.  UPON APPROVAL OF A PLAN OR A TRANS-
 MISSION OF A STATEMENT TO THE SECRETARY OF STATE THAT A  PANEL  DID  NOT
 APPROVE  A  PLAN IN ANY CALENDAR YEAR, THE COUNTY CEO MAY, BUT NEED NOT,
 INVITE ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES,
 FIRE  DISTRICT, FIRE PROTECTION DISTRICT OR SPECIAL IMPROVEMENT DISTRICT
 IN THE COUNTY TO JOIN A PANEL THEREAFTER CONVENED.
   C. NOTWITHSTANDING ANY PROVISION OF THE EDUCATION LAW,  OR  ANY  OTHER
 PROVISION  OF  LAW,  RULE  OR  REGULATION,  TO  THE CONTRARY, ANY SCHOOL
 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY JOIN  A  PANEL
 ESTABLISHED  PURSUANT TO THE PROVISIONS OF THIS SECTION, AND MAY FURTHER
 PARTICIPATE IN ANY OF THE ACTIVITIES OF SUCH PANEL, WITH ANY PARTICIPAT-
 ING  COUNTY,  TOWN,  CITY,  VILLAGE,  FIRE  DISTRICT,  FIRE   PROTECTION
 DISTRICT,  SPECIAL  IMPROVEMENT  DISTRICT,  SCHOOL DISTRICT, OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES PARTICIPATING IN SUCH PANELS.
   3. EACH COUNTY CEO SHALL, AFTER SATISFYING THE  REQUIREMENTS  OF  PART
 BBB  OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN, REVISE
 AND UPDATE A PREVIOUSLY APPROVED PLAN OR DEVELOP A NEW PLAN. SUCH  PLANS
 SHALL CONTAIN NEW, RECURRING PROPERTY TAX SAVINGS RESULTING FROM ACTIONS
 SUCH  AS,  BUT  NOT LIMITED TO, THE ELIMINATION OF DUPLICATIVE SERVICES;
 SHARED SERVICE ARRANGEMENTS INCLUDING, JOINT PURCHASING, SHARED  HIGHWAY
 EQUIPMENT, SHARED STORAGE FACILITIES, SHARED PLOWING SERVICES, AND ENER-
 GY  AND INSURANCE PURCHASING COOPERATIVES; REDUCING BACK OFFICE ADMINIS-
 TRATIVE OVERHEAD; AND BETTER-COORDINATING  SERVICES.  THE  SECRETARY  OF
 STATE MAY PROVIDE GUIDANCE ON THE FORM AND STRUCTURE OF SUCH PLANS.
   4.  WHILE  DEVELOPING  A  PLAN, THE COUNTY CEO SHALL REGULARLY CONSULT
 WITH, AND TAKE RECOMMENDATIONS FROM, THE REPRESENTATIVES: ON THE  PANEL;
 OF  EACH COLLECTIVE BARGAINING UNIT OF THE COUNTY AND THE CITIES, TOWNS,
 AND VILLAGES; AND OF EACH COLLECTIVE BARGAINING UNIT OF ANY  PARTICIPAT-
 ING  SCHOOL  DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, FIRE
 DISTRICT, FIRE PROTECTION DISTRICT, OR SPECIAL IMPROVEMENT DISTRICT.

 S. 7505--A                         107                        A. 9505--A
 
   5. THE COUNTY CEO, THE COUNTY  LEGISLATIVE  BODY  AND  A  PANEL  SHALL
 ACCEPT INPUT FROM THE PUBLIC, CIVIC, BUSINESS, LABOR AND COMMUNITY LEAD-
 ERS  ON  ANY PROPOSED PLAN. THE COUNTY CEO SHALL CAUSE TO BE CONDUCTED A
 MINIMUM OF THREE PUBLIC HEARINGS PRIOR TO SUBMISSION OF A PLAN TO A VOTE
 OF A PANEL. ALL SUCH PUBLIC HEARINGS SHALL BE CONDUCTED WITHIN THE COUN-
 TY,  AND  PUBLIC  NOTICE OF ALL SUCH HEARINGS SHALL BE PROVIDED AT LEAST
 ONE WEEK PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION  ONE  OF  SECTION
 ONE  HUNDRED  FOUR  OF THE PUBLIC OFFICERS LAW.  CIVIC, BUSINESS, LABOR,
 AND COMMUNITY LEADERS, AS WELL  AS  MEMBERS  OF  THE  PUBLIC,  SHALL  BE
 PERMITTED TO PROVIDE PUBLIC TESTIMONY AT ANY SUCH HEARINGS.
   6.  A. THE COUNTY CEO SHALL SUBMIT EACH PLAN, ACCOMPANIED BY A CERTIF-
 ICATION AS TO THE ACCURACY OF THE  SAVINGS  CONTAINED  THEREIN,  TO  THE
 COUNTY  LEGISLATIVE BODY AT LEAST FORTY-FIVE DAYS PRIOR TO A VOTE BY THE
 PANEL.
   B. THE COUNTY LEGISLATIVE BODY SHALL REVIEW  AND  CONSIDER  EACH  PLAN
 SUBMITTED IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION. A MAJORITY
 OF  THE  MEMBERS OF SUCH BODY MAY ISSUE AN ADVISORY REPORT ON EACH PLAN,
 MAKING RECOMMENDATIONS AS DEEMED NECESSARY. THE COUNTY CEO MAY MODIFY  A
 PLAN  BASED  ON  SUCH  RECOMMENDATIONS,  WHICH  SHALL INCLUDE AN UPDATED
 CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS CONTAINED THEREIN.
   7. A. A PANEL SHALL DULY CONSIDER ANY PLAN PROPERLY SUBMITTED  TO  THE
 PANEL  BY THE COUNTY CEO AND MAY APPROVE SUCH PLAN BY A MAJORITY VOTE OF
 THE PANEL. EACH MEMBER OF A PANEL MAY, PRIOR  TO  THE  PANEL-WIDE  VOTE,
 CAUSE  TO  BE REMOVED FROM A PLAN ANY PROPOSED ACTION AFFECTING THE UNIT
 OF GOVERNMENT REPRESENTED BY THE RESPECTIVE MEMBER.  WRITTEN  NOTICE  OF
 SUCH  REMOVAL  SHALL BE PROVIDED TO THE COUNTY CEO PRIOR TO A PANEL-WIDE
 VOTE ON A PLAN.
   B. PLANS APPROVED BY A PANEL SHALL BE TRANSMITTED TO THE SECRETARY  OF
 STATE  NO  LATER  THAN  THIRTY DAYS FROM THE DATE OF APPROVAL BY A PANEL
 ACCOMPANIED BY A CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS  ACCOM-
 PANIED  THEREIN,  AND SHALL BE PUBLICLY DISSEMINATED TO RESIDENTS OF THE
 COUNTY IN A CONCISE, CLEAR, AND COHERENT MANNER USING WORDS WITH  COMMON
 AND EVERYDAY MEANING.
   C.  THE COUNTY CEO SHALL CONDUCT A PUBLIC PRESENTATION OF ANY APPROVED
 PLAN NO LATER THAN THIRTY DAYS FROM THE DATE OF  APPROVAL  BY  A  PANEL.
 PUBLIC  NOTICE  OF SUCH PRESENTATION SHALL BE PROVIDED AT LEAST ONE WEEK
 PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
 FOUR OF THE PUBLIC OFFICERS LAW.
   D. BEGINNING IN TWO THOUSAND TWENTY, BY  JANUARY  FIFTEENTH  FOLLOWING
 ANY CALENDAR YEAR DURING WHICH A PANEL DID NOT APPROVE A PLAN AND TRANS-
 MIT  SUCH PLAN TO THE SECRETARY OF STATE PURSUANT TO PARAGRAPH B OF THIS
 SUBDIVISION, SUCH PANEL SHALL RELEASE TO THE PUBLIC AND TRANSMIT TO  THE
 SECRETARY  OF STATE A STATEMENT EXPLAINING WHY THE PANEL DID NOT APPROVE
 A PLAN THAT YEAR, INCLUDING, FOR EACH VOTE ON A PLAN, THE VOTE TAKEN  BY
 EACH PANEL MEMBER AND AN EXPLANATION BY EACH PANEL MEMBER OF THEIR VOTE.
   8. THE SECRETARY OF STATE MAY SOLICIT, AND THE PANELS SHALL PROVIDE AT
 HER  OR  HIS  REQUEST,  ADVICE,  GUIDANCE AND RECOMMENDATIONS CONCERNING
 MATTERS RELATED TO  THE  OPERATIONS  OF  LOCAL  GOVERNMENTS  AND  SHARED
 SERVICES  INITIATIVES, INCLUDING, BUT NOT LIMITED TO, MAKING RECOMMENDA-
 TIONS  REGARDING  GRANT  PROPOSALS  INCORPORATING  ELEMENTS  OF   SHARED
 SERVICES,   GOVERNMENT  DISSOLUTIONS,  GOVERNMENT  AND  SERVICE  CONSOL-
 IDATIONS, OR PROPERTY TAXES AND SUCH OTHER GRANTS  WHERE  THE  SECRETARY
 DEEMS  THE INPUT OF THE PANELS TO BE IN THE BEST INTEREST OF THE PUBLIC.
 THE PANEL SHALL ADVANCE SUCH ADVICE, GUIDANCE OR  RECOMMENDATIONS  BY  A
 VOTE OF THE MAJORITY OF THE MEMBERS PRESENT AT SUCH MEETING.

 S. 7505--A                         108                        A. 9505--A
 
   §  2. If any clause, sentence, paragraph, subdivision, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment shall not affect, impair, or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  subdivision,  section  or  part  thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 3. This act shall take effect immediately.
 
                                  PART FF
 
   Section  1.  Subdivision 7 of section 2046-c of the public authorities
 law, as added by chapter 632 of the laws of the 1982, is amended to read
 as follows:
   7. There shall be an annual independent  audit  of  the  accounts  and
 business  practices of the agency performed by independent outside audi-
 tors [nominated by the director of the division of the budget]. Any such
 auditor shall serve no more than three consecutive years.
   § 2. This act shall take effect immediately.

                                  PART GG
 
   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. New York state thruway authority account (21905).
   24. Mental hygiene program fund account (21907).
   25. Mental hygiene patient income account (21909).
   26. Financial control board account (21911).

 S. 7505--A                         109                        A. 9505--A
 
   27. Regulation of racing account (21912).
   28. New York Metropolitan Transportation Council account (21913).
   29. State university dormitory income reimbursable account (21937).
   30. Criminal justice improvement account (21945).
   31. Environmental laboratory reference fee account (21959).
   32. Clinical laboratory reference system assessment account (21962).
   33. Indirect cost recovery account (21978).
   34. High school equivalency program account (21979).
   35. Multi-agency training account (21989).
   36.  Interstate  reciprocity  for  post-secondary  distance  education
 account (23800).
   37. Bell jar collection account (22003).
   38. Industry and utility service account (22004).
   39. Real property disposition account (22006).
   40. Parking account (22007).
   41. Courts special grants (22008).
   42. Asbestos safety training program account (22009).
   43. Batavia school for the blind account (22032).
   44. Investment services account (22034).
   45. Surplus property account (22036).
   46. Financial oversight account (22039).
   47. Regulation of Indian gaming account (22046).
   48. Rome school for the deaf account (22053).
   49. Seized assets account (22054).
   50. Administrative adjudication account (22055).
   51. Federal salary sharing account (22056).
   52. New York City assessment account (22062).
   53. Cultural education account (22063).
   54. Local services account (22078).
   55. DHCR mortgage servicing account (22085).
   56. Housing indirect cost recovery account (22090).
   57. DHCR-HCA application fee account (22100).
   58. Low income housing monitoring account (22130).
   59. Corporation administration account (22135).
   60. Montrose veteran's home account (22144).
   61. Deferred compensation administration account (22151).
   62. Rent revenue other New York City account (22156).
   63. Rent revenue account (22158).
   64. Tax revenue arrearage account (22168).
   65. Youth facility per diem account (22186).
   66. State university general income offset account (22654).
   67. Lake George park trust fund account (22751).
   68. State police motor vehicle law enforcement account (22802).
   69. Highway safety program account (23001).
   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 use tax administration account (23801).
   75. Fantasy sports administration account (24951).
   76. Highway and bridge capital account (30051).
   77. Aviation purpose account (30053).
   78. State university residence hall rehabilitation fund (30100).
   79. State parks infrastructure account (30351).
   80. Clean water/clean air implementation fund (30500).
   81. Hazardous waste remedial cleanup account (31506).

 S. 7505--A                         110                        A. 9505--A
 
   82. Youth facilities improvement account (31701).
   83. Housing assistance fund (31800).
   84. Housing program fund (31850).
   85. Highway facility purpose account (31951).
   86. Information technology capital financing account (32215).
   87. New York racing account (32213).
   88. Capital miscellaneous gifts account (32214).
   89.  New  York  environmental protection and spill remediation account
 (32219).
   90. Mental hygiene facilities capital improvement fund (32300).
   91. Correctional facilities capital improvement fund (32350).
   92. New York State Storm Recovery Capital Fund (33000).
   93. OGS convention center account (50318).
   94. Empire Plaza Gift Shop (50327).
   95. Centralized services fund (55000).
   96. Archives records management account (55052).
   97. Federal single audit account (55053).
   98. Civil service EHS occupational health program account (55056).
   99. Banking services account (55057).
   100. Cultural resources survey account (55058).
   101. Neighborhood work project account (55059).
   102. Automation & printing chargeback account (55060).
   103. OFT NYT account (55061).
   104. Data center account (55062).
   105. Intrusion detection account (55066).
   106. Domestic violence grant account (55067).
   107. Centralized technology services account (55069).
   108. Labor contact center account (55071).
   109. Human services contact center account (55072).
   110. Tax contact center account (55073).
   111. Executive direction internal audit account (55251).
   112. CIO Information technology centralized services account (55252).
   113. Health insurance internal service account (55300).
   114. Civil service employee benefits division  administrative  account
 (55301).
   115. Correctional industries revolving fund (55350).
   116. Employees health insurance account (60201).
   117. Medicaid management information system escrow fund (60900).
   118. Department of law civil recoveries account.
   § 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).
   § 1-b. The state comptroller is hereby authorized and directed to loan
 money  in  accordance  with the provisions set forth in subdivision 5 of

 S. 7505--A                         111                        A. 9505--A
 
 section 4 of the state finance law to any fund within the special reven-
 ue, capital projects, proprietary or fiduciary funds for the purpose  of
 payment  of  any  fringe  benefit  or indirect cost liabilities or obli-
 gations incurred.
   §  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, 2019, up to the unencumbered balance or the  follow-
 ing amounts:
   Economic Development and Public Authorities:
   1.  $175,000  from the miscellaneous special revenue fund, underground
 facilities safety training account (22172), to the general fund.
   2. $2,500,000 from the miscellaneous special revenue fund, cable tele-
 vision account (21971), to the general fund.
   3. An amount up to the unencumbered  balance  from  the  miscellaneous
 special  revenue  fund, business and licensing services account (21977),
 to the general fund.
   4. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
 enforcement account (21904), to the general fund.
   5.  $3,000,000  from  the  general  fund  to the miscellaneous special
 revenue fund, tax revenue arrearage account (22168).
   Education:
   1. $2,294,000,000 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. $906,800,000 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. $140,040,000 from the general fund to the New York state commercial
 gaming fund, commercial gaming revenue account (23701), as reimbursement
 for disbursements made from such fund for supplemental aid to  education
 pursuant  to section 97-nnnn of the state finance law that are in excess
 of the amounts deposited in such fund for purposes pursuant  to  section
 1352 of the racing, pari-mutuel wagering and breeding law.
   4. Moneys from the state lottery fund (20900) up to an amount deposit-
 ed in such fund pursuant to section 1612 of the tax law in excess of the
 current year appropriation for supplemental aid to education pursuant to
 section 92-c of the state finance law.
   5.  $300,000  from the New York state local government records manage-
 ment improvement  fund,  local  government  records  management  account
 (20501), to the New York state archives partnership trust fund, archives
 partnership trust maintenance account (20351).
   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.  $20,000,000  from  any  of  the state education department special
 revenue and internal service funds to the miscellaneous special  revenue
 fund, indirect cost recovery account (21978).

 S. 7505--A                         112                        A. 9505--A
 
   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. $44,000,000 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, 2018 through March 31,
 2019.
   12. $4,300,000 from the miscellaneous special revenue fund, office  of
 the  professions  account (22051), to the miscellaneous capital projects
 fund, office of the professions electronic licensing account (32200).
   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. $5,000,000 from any of the department  of  environmental  conserva-
 tion's special revenue federal funds to the conservation fund (21150) as
 necessary 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 capital
 projects fund, I love NY water account (32212).
   5. $28,000,000 from the general fund to the  environmental  protection
 fund, environmental protection fund transfer account (30451).
   6.  $6,500,000  from  the general fund to the hazardous waste remedial
 fund, hazardous waste oversight and assistance account (31505).
   7. An amount up to or equal to the cash  balance  within  the  special
 revenue-other  waste management & cleanup account (21053) to the capital
 projects fund (30000).
   Family Assistance:
   1. $7,000,000 from any of the office of children and family  services,
 office  of  temporary and disability assistance, or department of health
 special revenue federal funds and the general fund, in  accordance  with
 agreements  with social services districts, to the miscellaneous special
 revenue fund, office of human resources development state match  account
 (21967).
   2.  $4,000,000  from any of the office of children and family services
 or office of temporary and disability assistance special revenue federal
 funds to the miscellaneous special revenue fund, family preservation and
 support services and family violence services account (22082).
   3. $18,670,000 from any of the office of children and family services,
 office of temporary and disability assistance, or department  of  health
 special  revenue  federal  funds  and  any  other miscellaneous revenues
 generated from the operation of office of children and  family  services
 programs to the general fund.
   4.  $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 funds to the  miscellaneous  special  revenue
 fund,  office  of  temporary  and  disability assistance program account
 (21980).
   6. $7,400,000 from any of the office of children and family  services,
 office  of temporary and disability assistance, department of labor, and

 S. 7505--A                         113                        A. 9505--A
 
 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.  $205,000,000  from  the  miscellaneous special revenue fund, youth
 facility per diem account (22186), to the general fund.
   8. $621,850 from the general fund to the combined gifts,  grants,  and
 bequests fund, WB Hoyt Memorial account (20128).
   9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
 central registry (22028), to the general fund.
   General Government:
   1. $1,566,000 from the miscellaneous special revenue fund, examination
 and miscellaneous revenue account (22065) to the general fund.
   2. $8,083,000 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. $21,778,000 from the general  fund  to  the  centralized  services
 fund, COPS account (55013).
   11. $13,960,000 from the general fund to the agencies internal service
 fund,  central  technology  services account (55069), for the purpose of
 enterprise technology projects.
   12. $5,500,000 from the miscellaneous special revenue fund, technology
 financing account (22207) to the  internal  service  fund,  data  center
 account (55062).
   13. $12,500,000 from the internal service fund, human services telecom
 account  (55063)  to  the  internal  service  fund,  data center account
 (55062).
   14. $300,000 from  the  internal  service  fund,  learning  management
 systems  account  (55070)  to  the  internal  service  fund, data center
 account (55062).
   15. $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,
 (32218).
   16.  $12,000,000  from the miscellaneous special revenue fund, parking
 services account (22007), to the centralized services, building  support
 services account (55018).
   17.  $6,000,000  from  the  general fund to the internal service fund,
 business services center account (55022).
   Health:
   1. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund, breast cancer research and education account (20155), up

 S. 7505--A                         114                        A. 9505--A
 
 to an amount equal to the  monies  collected  and  deposited  into  that
 account in the previous fiscal year.
   2.  A transfer from the general fund to the combined gifts, grants and
 bequests  fund,  prostate  cancer  research,  detection,  and  education
 account  (20183),  up  to  an  amount  equal to the moneys collected and
 deposited into that account in the previous fiscal year.
   3. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund,  Alzheimer's  disease  research  and  assistance account
 (20143), up to an amount equal to the  moneys  collected  and  deposited
 into that account in the previous fiscal year.
   4.  $33,134,000  from the HCRA resources fund (20800) to the miscella-
 neous special revenue fund, empire state stem cell  trust  fund  account
 (22161).
   5. $6,000,000 from the miscellaneous special revenue fund, certificate
 of  need  account  (21920),  to the miscellaneous capital projects fund,
 healthcare IT capital subfund (32216).
   6. $2,000,000 from  the  miscellaneous  special  revenue  fund,  vital
 health  records  account  (22103), to the miscellaneous capital projects
 fund, healthcare IT capital subfund (32216).
   7. $2,000,000 from the miscellaneous  special  revenue  fund,  profes-
 sional  medical  conduct  account  (22088), to the miscellaneous capital
 projects fund, healthcare IT capital subfund (32216).
   8. $91,304,000 from the HCRA resources fund  (20800)  to  the  capital
 projects fund (30000).
   9.  $6,550,000  from  the  general fund to the medical marihuana trust
 fund, health operation and oversight account (23755).
   10. $1,086,000 from the miscellaneous special  revenue  fund,  certif-
 icate of need account (21920), to the general fund.
   Labor:
   1.  $400,000  from the miscellaneous special revenue fund, DOL fee and
 penalty account (21923), to the child performer's protection fund, child
 performer protection account (20401).
   2. $11,700,000 from the unemployment insurance  interest  and  penalty
 fund,  unemployment  insurance  special  interest  and  penalty  account
 (23601), to the general fund.
   3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
 compensation  account  (21995),  to  the  training and education program
 occupation safety and health fund, OSHA-training and  education  account
 (21251) and occupational health inspection account (21252).
   Mental Hygiene:
   1.  $10,000,000  from  the  general fund, to the miscellaneous special
 revenue fund, federal salary sharing account (22056).
   2. $1,800,000,000 from the general fund to the  miscellaneous  special
 revenue fund, mental hygiene patient income account (21909).
   3.  $2,200,000,000  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 general fund, to the agencies internal  service
 fund, civil service EHS occupational health program account (55056).
   7.  $15,000,000  from  the chemical dependence service fund, substance
 abuse services fund  account  (22700),  to  the  capital  projects  fund
 (30000).

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   8.  $3,000,000  from  the  chemical dependence service fund, substance
 abuse services fund account  (22700),  to  the  mental  hygiene  capital
 improvement fund (32305).
   9.  $3,000,000  from  the  chemical dependence service fund, substance
 abuse services fund account (22700), to the general fund.
   Public Protection:
   1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
 management account (21944), to the general fund.
   2.  $2,087,000  from  the  general  fund  to the miscellaneous special
 revenue fund, recruitment incentive account (22171).
   3. $20,773,000 from the general fund to  the  correctional  industries
 revolving   fund,   correctional  industries  internal  service  account
 (55350).
   4. $60,000,000 from any of the division of homeland security and emer-
 gency services special revenue federal funds to the general fund.
   5. $8,600,000 from the miscellaneous special  revenue  fund,  criminal
 justice improvement account (21945), to the general fund.
   6.  $115,420,000  from  the state police motor vehicle law enforcement
 and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
 police  motor  vehicle  enforcement account (22802), to the general fund
 for state operation expenses of the division of state police.
   7. $118,500,000 from the general fund to the  correctional  facilities
 capital improvement fund (32350).
   8.  $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.
   9. $10,000,000 from the miscellaneous special revenue fund,  statewide
 public  safety  communications  account (22123), to the capital projects
 fund (30000).
   10. $9,830,000 from the  miscellaneous  special  revenue  fund,  legal
 services assistance account (22096), to the general fund.
   11.  $1,000,000 from the general fund to the agencies internal service
 fund, neighborhood work project account (55059).
   12. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
 print identification & technology account (21950), to the general fund.
   13. $1,100,000 from the state police motor vehicle law enforcement and
 motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
 theft and insurance fraud account (22801), to the general fund.
   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.  $15,058,017 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.
   4.  $265,900,000  from  the  general fund to the dedicated highway and
 bridge trust fund (30050).
   5. $244,250,000 from the general fund to the MTA financial  assistance
 fund, mobility tax trust account (23651).
   6. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion  regulation  account  (22067)  to  the dedicated highway and bridge

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 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.
   7.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
 adjudication account (22055), to the general fund.
   8. $17,421,000 from the mass transportation operating assistance fund,
 metropolitan mass transportation operating assistance  account  (21402),
 to the capital projects fund (30000).
   9. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion  regulation  account (22067) to the general fund, for disbursements
 made from such fund for motor carrier safety that are in excess  of  the
 amounts  deposited  in  the  general  fund  for such purpose pursuant to
 section 94 of the transportation law.
   Miscellaneous:
   1. $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. $18,550,000 from the general fund, community  projects  account  GG
 (10256), to the general fund, state purposes account (10050).
   5.  $100,000,000  from any special revenue federal fund to the general
 fund, state purposes account (10050).
   § 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, 2019:
   1.  Upon request of the commissioner of environmental conservation, up
 to $12,531,400 from revenues credited to any of the department of  envi-
 ronmental  conservation special revenue funds, including $4,000,000 from
 the environmental protection and oil spill  compensation  fund  (21200),
 and  $1,819,600 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 $8,500,000 from
 revenues credited to any of the department of health's  special  revenue
 funds, to the miscellaneous special revenue fund, administration account
 (21982).

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   § 4. On or before March 31, 2019, 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.
   § 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, the state university income fund general revenue
 account (22653) for reimbursement  of  bondable  equipment  for  further
 transfer to the state's general fund.
   §  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, 2019, up to $16,000,000 from the state
 university income fund general revenue  account  (22653)  to  the  state
 general  fund for debt service costs related to campus supported capital
 project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
 University at Buffalo.
   §  7.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon consultation with the state university chancellor  or  his  or  her
 designee,  on  or before March 31, 2019, up to $6,500,000 from the state
 university income fund general revenue  account  (22653)  to  the  state
 general  fund for debt service costs related to campus supported capital
 project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
 University at Albany.
   §  8.  Notwithstanding  any  law to the contrary, the state university
 chancellor or his or her designee is authorized and directed to transfer
 estimated tuition revenue balances from the state university  collection
 fund  (61000)  to  the  state  university  income fund, state university
 general revenue offset account (22655) on or before March 31, 2019.
   § 9. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to  $1,000,778,300  from the general fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of July 1, 2018 through June 30, 2019 to  support  operations  at
 the state university.
   §  10. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state financial law, the comptroller is hereby  author-
 ized and directed to transfer, upon request of the director of the budg-
 et,  up  to  $20,000,000  from  the general fund to the state university
 income fund, state university general  revenue  offset  account  (22655)
 during the period of July 1, 2018 to June 30, 2019 to support operations
 at  the  state  university  in accordance with the maintenance of effort
 pursuant to clause (v) of subparagraph (4) of paragraph h of subdivision
 2 of section 355 of the education law.
   § 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 $126,000,000 from the state university

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 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, 2019.
   § 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, 2019.
   §  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 an amount not  to
 exceed $80 million from each fund.
   §  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, 2019, 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.
   §  15.  Subdivision  5  of  section  97-f of the state finance law, as
 amended by chapter 18 of the  laws  of  2003,  is  amended  to  read  as
 follows:
   5. The comptroller shall from time to time, but in no event later than
 the  fifteenth  day  of  each  month, pay over for deposit in the mental
 hygiene [patient income]  GENERAL  FUND  STATE  OPERATIONS  account  all
 moneys  in  the  mental  health services fund in excess of the amount of
 money required to be maintained on deposit in the mental health services
 fund. The amount required to be maintained in such  fund  shall  be  (i)
 twenty  percent of the amount of the next payment coming due relating to
 the mental health services  facilities  improvement  program  under  any

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 agreement  between  the  facilities  development corporation and the New
 York state medical care facilities  finance  agency  multiplied  by  the
 number  of months from the date of the last such payment with respect to
 payments  under  any  such  agreement required to be made semi-annually,
 plus (ii) those amounts specified in any such agreement with respect  to
 payments  required  to  be  made other than semi-annually, including for
 variable rate bonds, interest rate exchange  or  similar  agreements  or
 other  financing arrangements permitted by law. Prior to making any such
 payment, the comptroller shall make and deliver to the director  of  the
 budget  and  the  chairmen of the facilities development corporation and
 the New York state medical care facilities finance agency, a certificate
 stating the aggregate amount to be maintained on deposit in  the  mental
 health  services  fund  to  comply  in  full with the provisions of this
 subdivision.
   § 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 $800 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 2018-19 budget. Transfers  from  federal  funds,  debt
 service  funds,  capital projects funds, the community projects fund, or
 funds that would result in the loss of eligibility for federal  benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
 1951 are not permitted pursuant to this authorization.
   § 17. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and  directed to transfer, at the request of the director of the budget,
 up to $100 million from any non-general fund or account, or  combination
 of  funds and accounts, to the miscellaneous special revenue fund, tech-
 nology financing account (22207),  the  miscellaneous  capital  projects
 fund,  information  technology capital financing account (32215), or the
 centralized technology services account  (55069),  for  the  purpose  of
 consolidating  technology  procurement  and services. The amounts trans-
 ferred to the miscellaneous special revenue fund,  technology  financing
 account (22207) pursuant to this authorization shall be equal to or less
 than the amount of such monies intended to support information technolo-
 gy  costs  which  are attributable, according to a plan, to such account
 made in pursuance to an appropriation by law. Transfers to the technolo-
 gy financing account shall be completed from amounts collected  by  non-
 general  funds or accounts pursuant to a fund deposit schedule or perma-
 nent 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.
   § 18. Notwithstanding any other  law  to  the  contrary,  up  to  $145
 million of the assessment reserves remitted to the chair of the workers'
 compensation board pursuant to subdivision 6 of section 151 of the work-
 ers' compensation law shall, at the request of the director of the budg-
 et,  be transferred to the state insurance fund, for partial payment and

 S. 7505--A                         120                        A. 9505--A
 
 partial satisfaction of the state's obligations to the  state  insurance
 fund under section 88-c of the workers' compensation law.
   §  19. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $400 million from any non-general fund or account, or combination
 of funds and accounts, to the general fund for the  purpose  of  consol-
 idating  technology  procurement  and  services. The amounts transferred
 pursuant to this authorization shall be equal to or less than the amount
 of such monies intended to support information  technology  costs  which
 are attributable, according to a plan, to such account made in pursuance
 to  an  appropriation  by  law.  Transfers  to the general fund shall be
 completed from amounts collected by non-general funds or accounts pursu-
 ant to a fund deposit schedule.  Transfers from funds that would  result
 in  the loss of eligibility for federal benefits or federal funds pursu-
 ant to federal law, rule, or regulation as assented to in chapter 683 of
 the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
 pursuant to this authorization.
   §  20. Notwithstanding any provision of law to the contrary, as deemed
 feasible and advisable by its trustees, the power authority of the state
 of New York is authorized 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,  2018,  the  proceeds of which will be utilized to
 support energy-related state activities.
   § 21. Notwithstanding any provision of law, rule or regulation to  the
 contrary,  the  New York state energy research and development authority
 is authorized and directed to make the following  contributions  to  the
 state  treasury to the credit of the general fund on or before March 31,
 2019: (a) $913,000; and (b) $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.
   §  22.  Subdivision  5  of section 97-rrr of the state finance law, as
 amended by section 21 of part XXX of chapter 59 of the laws of 2017,  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
 [seventeen] EIGHTEEN, 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
 [$2,679,997,000] $2,409,909,000, 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 [seventeen] EIGHTEEN.
   §  23.  Notwithstanding  any  law  to the contrary, the comptroller is
 hereby authorized and directed to transfer, upon request of the director
 of the budget, on or before March 31, 2019, the following  amounts  from
 the  following  special  revenue  accounts  to the capital projects fund
 (30000), for the purposes of reimbursement to  such  fund  for  expenses
 related to the maintenance and preservation of state assets:
   1. $43,000 from the miscellaneous special revenue fund, administrative
 program account (21982).

 S. 7505--A                         121                        A. 9505--A
 
   2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $366,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $513,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $159,000 from the miscellaneous special revenue fund,  western  New
 York veterans' home account (22143).
   6.  $323,000  from  the  miscellaneous  special revenue fund, New York
 state for veterans in the lower-hudson valley account (22144).
   7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
 services account (22163).
   8.  $830,000  from the miscellaneous special revenue fund, long island
 veterans' home account (22652).
   9. $5,379,000 from  the  miscellaneous  special  revenue  fund,  state
 university general income reimbursable account (22653).
   10.  $112,556,000  from  the miscellaneous special revenue fund, state
 university revenue offset account (22655).
   11. $557,000  from  the  miscellaneous  special  revenue  fund,  state
 university of New York tuition reimbursement account (22659).
   12. $41,930,000 from the state university dormitory income fund, state
 university dormitory income fund (40350).
   13. $1,000,000 from the miscellaneous special revenue fund, litigation
 settlement and civil recovery account (22117).
   § 24. Subdivisions 2 and 4 of section 97-rrr of the state finance law,
 subdivision  2  as  amended by section 45 of part H of chapter 56 of the
 laws of 2000 and subdivision 4 as added by section 22-b of part  XXX  of
 chapter 59 of the laws of 2017, is amended to read as follows:
   2. Such fund shall consist of all monies credited or transferred ther-
 eto  from the general fund or from any other fund or sources pursuant to
 law, AND INCLUDE AN AMOUNT EQUAL TO FIFTY PERCENT OF ANY ESTIMATED CASH-
 BASIS SURPLUS IN THE GENERAL FUND, AS CERTIFIED BY THE DIRECTOR  OF  THE
 BUDGET  ON  OR BEFORE THE TWENTY-FIFTH DAY OF MARCH OF EACH FISCAL YEAR.
 UPON REQUEST OF THE DIRECTOR OF THE BUDGET, THE STATE COMPTROLLER  SHALL
 TRANSFER SUCH SURPLUS AMOUNT FROM THE GENERAL FUND TO THE DEBT REDUCTION
 RESERVE  FUND. THE DIRECTOR OF THE BUDGET SHALL CALCULATE THE SURPLUS AS
 THE EXCESS OF ESTIMATED AGGREGATE RECEIPTS ABOVE THE ESTIMATED AGGREGATE
 DISBURSEMENTS AT THE END OF THE FISCAL YEAR.  NOTWITHSTANDING  PARAGRAPH
 (A)  OF  SUBDIVISION  FOUR  OF  SECTION SEVENTY-TWO OF THIS ARTICLE, THE
 STATE COMPTROLLER SHALL  RETAIN  ANY  BALANCE  OF  MONIES  IN  THE  DEBT
 REDUCTION RESERVE FUND AT THE END OF ANY FISCAL YEAR IN SUCH FUND.
   4.  Any  amounts  disbursed  from such fund shall be excluded from the
 calculation of annual spending growth in state  operating  funds  [until
 June 30, 2019].
   §  25. Subdivision 6 of section 4 of the state finance law, as amended
 by section 24 of part UU of chapter 54 of the laws of 2016,  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-

 S. 7505--A                         122                        A. 9505--A
 
 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 eighteen.]
   § 26. Subdivision 4 of section 40 of the state finance law, as amended
 by section 25 of part UU of chapter 54 of the laws of 2016,  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 eighteen.]
   §  27.  Notwithstanding  any  provision of law to the contrary, in the
 event that federal  legislation,  federal  regulatory  actions,  federal
 executive  actions  or federal judicial actions reduce federal financial
 participation in Medicaid funding to New York state or its  subdivisions
 by  $850  million or more in state fiscal years 2018-19 through 2019-20,
 the director of the division of the budget shall  notify  the  temporary
 president  of the senate and the speaker of the assembly in writing that
 the federal actions will reduce expected funding to New York state.  The
 director  of  the division of the budget shall prepare a plan that shall
 be submitted to the legislature,  which  shall  (a)  specify  the  total
 amount  of the reduction in federal financial participation in Medicaid,
 (b) itemize the specific programs and activities that will  be  affected
 by the reduction in federal financial participation in Medicaid, and (c)
 identify  the general fund and state special revenue fund appropriations
 and related disbursements that shall be reduced,  and  in  what  program
 areas,  provided,  however,  that  such reductions to appropriations and
 disbursements  shall  be  applied  equally  and  proportionally  to  the
 programs affected by the reduction in federal financial participation in
 Medicaid. Upon such submission, the legislature shall have 90 days after
 such  submission to either prepare its own plan, which may be adopted by
 concurrent resolution passed by both houses, or if  after  90  days  the
 legislature fails to adopt their own plan, the reductions to the general
 fund and state special revenue fund appropriations and related disburse-
 ments  identified in the division of the budget plan will go into effect
 automatically.
   § 28. Notwithstanding any provision of law to  the  contrary,  in  the
 event  that  federal  legislation,  federal  regulatory actions, federal
 executive actions or federal judicial actions reduce  federal  financial
 participation  or  other  federal  aid in funding to New York state that
 affects the state operating funds financial plan by $850 million or more
 in state fiscal years 2018-19 through 2019-20, exclusive of any cuts  to

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 Medicaid,  the  director  of the division of the budget shall notify the
 temporary president of the senate and the speaker  of  the  assembly  in
 writing  that  the  federal  actions will reduce expected funding to New
 York  state.  The director of the division of the budget shall prepare a
 plan that shall be submitted to the legislature, which shall (a) specify
 the total amount of the  reduction  in  federal  aid,  (b)  itemize  the
 specific  programs  and  activities that will be affected by the federal
 reductions, exclusive of Medicaid, and (c) identify the general fund and
 state special revenue fund appropriations and related disbursements that
 shall be reduced, and in what program  areas,  provided,  however,  that
 such  reductions  to  appropriations  and disbursements shall be applied
 equally and proportionally. Upon such submission, the legislature  shall
 have 90 days after such submission to either prepare its own plan, which
 may  be  adopted  by  concurrent resolution passed by both houses, or if
 after 90 days the  legislature  fails  to  adopt  their  own  plan,  the
 reductions  to the general fund and state special revenue fund appropri-
 ations and related disbursements identified in the division of the budg-
 et plan will go into effect automatically.
   § 28-a. The state finance law is amended by adding a new section 28 to
 read as follows:
   § 28. REDUCTIONS TO ENACTED APPROPRIATIONS.   1.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, TO MAINTAIN A BALANCED BUDGET IN
 THE  EVENT THAT THE ANNUAL ESTIMATE FOR TAX RECEIPTS FOR FISCAL YEAR TWO
 THOUSAND EIGHTEEN-NINETEEN IS REDUCED BY FIVE HUNDRED MILLION DOLLARS OR
 MORE COMPARED TO ESTIMATE IN THE FISCAL YEAR TWO THOUSAND EIGHTEEN-NINE-
 TEEN EXECUTIVE BUDGET FINANCIAL PLAN,  THE  APPROPRIATIONS  AND  RELATED
 CASH  DISBURSEMENTS  FOR ALL GENERAL FUND AND STATE SPECIAL REVENUE FUND
 AID TO LOCALITIES APPROPRIATIONS  SHALL  BE  UNIFORMLY  REDUCED  BY  THE
 PERCENTAGE SET FORTH IN A WRITTEN ALLOCATION PLAN PREPARED BY THE DIREC-
 TOR  OF  THE  BUDGET,  PROVIDED,  HOWEVER,  THAT  THE UNIFORM PERCENTAGE
 REDUCTION SHALL NOT EXCEED THREE PERCENT. THE FOLLOWING TYPES OF  APPRO-
 PRIATIONS  SHALL BE EXEMPT FROM UNIFORM REDUCTION: (A) PUBLIC ASSISTANCE
 PAYMENTS FOR FAMILIES AND INDIVIDUALS AND PAYMENTS  FOR  ELIGIBLE  AGED,
 BLIND  AND DISABLED PERSONS RELATED TO SUPPLEMENTAL SOCIAL SECURITY; (B)
 ANY REDUCTIONS THAT WOULD VIOLATE FEDERAL  LAW;  (C)  PAYMENTS  OF  DEBT
 SERVICE  AND  RELATED  EXPENSES  FOR WHICH THE STATE IS CONSTITUTIONALLY
 OBLIGATED TO PAY DEBT SERVICE OR IS CONTRACTUALLY OBLIGATED TO PAY  DEBT
 SERVICE,  SUBJECT  TO  AN APPROPRIATION, INCLUDING WHERE THE STATE HAS A
 CONTINGENT CONTRACTUAL OBLIGATION; (D) PAYMENTS THE STATE  IS  OBLIGATED
 TO  MAKE  PURSUANT  TO  COURT ORDERS OR JUDGMENTS; (E) PAYMENTS FOR CUNY
 SENIOR COLLEGES; (F) SCHOOL AID; (G) MEDICAID; AND (H) PAYMENTS FROM THE
 COMMUNITY PROJECTS FUND.
   2. REDUCTIONS UNDER  THIS  SECTION  SHALL  COMMENCE  WITHIN  TEN  DAYS
 FOLLOWING  THE  PUBLICATION  OF A FINANCIAL PLAN REQUIRED UNDER SECTIONS
 TWENTY-TWO OR TWENTY-THREE OF THIS ARTICLE STATING THAT THE ANNUAL ESTI-
 MATE FOR TAX RECEIPTS FOR FISCAL YEAR TWO THOUSAND EIGHTEEN-NINETEEN  IS
 REDUCED  BY FIVE HUNDRED MILLION DOLLARS OR MORE COMPARED TO ESTIMATE IN
 THE FISCAL YEAR TWO THOUSAND EIGHTEEN-NINETEEN EXECUTIVE  BUDGET  FINAN-
 CIAL  PLAN.    SUCH  REDUCTIONS SHALL BE UNIFORMLY REDUCED IN ACCORDANCE
 WITH A WRITTEN ALLOCATION PLAN PREPARED BY THE DIRECTOR OF  THE  BUDGET,
 WHICH  SHALL  BE  FILED  WITH THE STATE COMPTROLLER, THE CHAIRMAN OF THE
 SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS
 COMMITTEE. SUCH WRITTEN ALLOCATION PLAN SHALL INCLUDE A SUMMARY  OF  THE
 METHODOLOGY  FOR  CALCULATING  THE PERCENTAGE REDUCTIONS TO THE PAYMENTS
 FROM NON-EXEMPT APPROPRIATIONS AND CASH DISBURSEMENTS  AND  THE  REASONS
 FOR  ANY  EXEMPTIONS,  AND  A  DETAILED  SCHEDULE  OF THE REDUCTIONS AND

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 EXEMPTIONS. THE DIRECTOR  OF  THE  BUDGET  SHALL  PREPARE  APPROPRIATELY
 REDUCED  CERTIFICATES,  WHICH SHALL BE FILED WITH THE STATE COMPTROLLER,
 THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE  ASSEMBLY
 WAYS AND MEANS COMMITTEE.
   3.  ON  MARCH THIRTY-FIRST, TWO THOUSAND NINETEEN, THE DIRECTOR OF THE
 BUDGET SHALL CALCULATE THE DIFFERENCE, IF ANY, BETWEEN THE ANNUAL  ESTI-
 MATE  IN TAX RECEIPTS CONTAINED IN THE FISCAL YEAR 2019 EXECUTIVE BUDGET
 FINANCIAL PLAN AND ACTUAL TAX COLLECTIONS FOR FISCAL YEAR  TWO  THOUSAND
 EIGHTEEN-NINETEEN.  IF  ACTUAL TAX RECEIPTS FOR FISCAL YEAR TWO THOUSAND
 EIGHTEEN-NINETEEN WERE NOT LESS THAN FIVE HUNDRED MILLION DOLLARS  BELOW
 THE  ANNUAL  ESTIMATE  IN TAX RECEIPTS CONTAINED IN THE EXECUTIVE BUDGET
 FINANCIAL PLAN FOR FISCAL YEAR TWO THOUSAND EIGHTEEN-NINETEEN, THEN  THE
 AMOUNTS  WITHHELD UNDER THIS SECTION SHALL BE PAYABLE AS SOON AS PRACTI-
 CABLE THEREAFTER IN THE FISCAL YEAR TWO THOUSAND TWENTY-TWENTY-ONE.
   4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  RULE  OR  REGU-
 LATION,  THE  EFFECTIVENESS  OF  THE PROVISIONS OF SECTIONS TWENTY-EIGHT
 HUNDRED SEVEN AND THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC HEALTH  LAW,
 SECTION  EIGHTEEN OF CHAPTER TWO OF THE LAWS OF NINETEEN HUNDRED EIGHTY-
 EIGHT, AND 18 NYCRR § 505.14(H), AS  THEY  RELATE  TO  TIME  FRAMES  FOR
 NOTICE,  APPROVAL  OR  CERTIFICATION  OF  RATES  OF  PAYMENT, ARE HEREBY
 SUSPENDED AND WITHOUT FORCE OR EFFECT FOR PURPOSES OF  IMPLEMENTING  THE
 PROVISIONS OF THIS ACT.
   § 29. Section 8-b of the state finance law, as added by chapter 169 of
 the laws of 1994, is amended to read as follows:
   §  8-b.  Additional  duties  of the comptroller. 1. The comptroller is
 hereby authorized and directed to  assess  fringe  benefit  and  central
 service  agency  indirect  costs  on  all  non-general funds, AND ON THE
 GENERAL FUND UPON REQUEST AND AT THE SOLE DISCRETION OF THE DIRECTOR  OF
 THE  BUDGET,  and  to [bill] CHARGE such assessments [on] TO such funds.
 Such fringe benefit and indirect costs [billings] ASSESSMENTS  shall  be
 based  on rates provided to the comptroller by the director of the budg-
 et.  Copies of such rates shall be provided to  the  legislative  fiscal
 committees.
   2.  Receipts derived from such indirect costs assessments, paid pursu-
 ant to appropriations, shall be [deposited to the indirect costs  recov-
 ery account] REFUNDED TO THE ORIGINATING GENERAL FUND APPROPRIATIONS, OR
 AS  DIRECTED  BY  THE  DIRECTOR  OF THE BUDGET, IN CONSULTATION WITH THE
 COMPTROLLER.  Receipts derived from the fringe benefit assessments, paid
 pursuant to appropriations, shall be [deposited to  the  fringe  benefit
 escrow account. If any of the fringe benefit escrow accounts have avail-
 able  balances,  such balances may be applied to other categories in the
 general state charges schedule as determined  by  the  director  of  the
 budget]  REFUNDED TO ANY ORIGINATING GENERAL STATE CHARGE APPROPRIATION,
 PURSUANT TO A SCHEDULE SUBMITTED BY THE DIRECTOR OF THE  BUDGET  TO  THE
 COMPTROLLER.
   §  30.  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

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 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.
   §  31.  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 24 of part XXX of chapter 59 of the
 laws of 2017, 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 [four hundred fifty
 million five hundred forty thousand dollars] FIVE HUNDRED FORTY  MILLION
 NINE HUNDRED FIFTY-FOUR 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.
   § 32. 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  25 of part XXX of chapter 59 of the laws of 2017, 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]  EIGHT  billion  [seven
 hundred  forty-one]  EIGHTY-TWO  million [one] EIGHT hundred ninety-nine
 thousand dollars [$7,741,199,000] $8,082,899,000, 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 appropri-
 ations or reappropriations made to the  department  of  corrections  and
 community  supervision from the correctional facilities capital improve-
 ment fund for capital projects. The aggregate amount of bonds, notes  or

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 other obligations authorized to be issued pursuant to this section shall
 exclude  bonds, notes or other obligations issued to refund or otherwise
 repay bonds, notes or other obligations theretofore issued, the proceeds
 of  which  were  paid  to  the state for all or a portion of the amounts
 expended by the state from appropriations or  reappropriations  made  to
 the  department  of  corrections  and  community  supervision; provided,
 however, that upon any such refunding or repayment the  total  aggregate
 principal amount of outstanding bonds, notes or other obligations may be
 greater  than [seven] EIGHT billion [seven hundred forty-one] EIGHTY-TWO
 million   [one]   EIGHT    hundred    ninety-nine    thousand    dollars
 [$7,741,199,000] $8,082,899,000, 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.
   § 33. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
 housing  finance law, as amended by section 26 of part XXX of chapter 59
 of the laws of 2017, 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 $5,691,399,000 five billion
 [three] SIX hundred [eighty-four] NINETY-ONE million [one] THREE hundred
 ninety-nine thousand dollars, plus a principal amount of bonds issued to
 fund the debt service reserve fund in accordance with the  debt  service
 reserve fund requirement established by the agency and to fund any other
 reserves  that the agency reasonably deems necessary for the security or
 marketability of such bonds and to provide for the payment of  fees  and
 other  charges  and  expenses, including underwriters' discount, trustee
 and rating agency fees, bond insurance, credit enhancement and liquidity
 enhancement related to the issuance of such bonds and notes. No  reserve
 fund securing the housing program bonds shall be entitled or eligible to
 receive  state  funds apportioned or appropriated to maintain or restore
 such reserve fund at or to a particular level, except to the  extent  of
 any  deficiency  resulting  directly or indirectly from a failure of the
 state to appropriate or pay the agreed amount under any of the contracts
 provided for in subdivision four of this section.

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   § 34. 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 27 of part XXX of chapter 59 of the laws of 2017, 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
 [$9,699,586,000] $10,186,939,000 cumulatively by the end of fiscal  year
 [2017-18] 2018-19.
   §  35.  Subdivision 1 of section 1689-i of the public authorities law,
 as amended by section 28 of part XXX of chapter 59 of the laws of  2017,
 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  [eighty-three]  NINETY-
 SEVEN million dollars.
   §  36.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
 laws of 2005, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2005-2006  budget, as amended by
 section 29 of part XXX of chapter 59 of the laws of 2017, 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
 [$173,600,000] $220,100,000 TWO HUNDRED TWENTY MILLION ONE HUNDRED THOU-
 SAND DOLLARS, excluding bonds issued to finance one or more debt service
 reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
 notes issued to refund or otherwise repay such bonds or notes 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  subdivision  (b) of this
 section and such bonds and notes shall contain on  the  face  thereof  a
 statement  to  such  effect.  Except  for purposes of complying with the
 internal revenue code, any interest income earned on bond proceeds shall
 only be used to pay debt service on such bonds.
   § 37. 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 30 of part XXX of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
 provisions of any other law to the contrary, the dormitory authority and

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 the corporation are hereby authorized to issue bonds or notes in one  or
 more  series  for  the purpose of funding project costs for the regional
 economic development council  initiative,  the  economic  transformation
 program,  state university of New York college for nanoscale and science
 engineering, projects within the city of Buffalo  or  surrounding  envi-
 rons,  the  New  York  works economic development fund, projects for the
 retention of professional football in western New York, the empire state
 economic development fund, the  clarkson-trudeau  partnership,  the  New
 York  genome  center, the cornell university college of veterinary medi-
 cine, the olympic  regional  development  authority,  projects  at  nano
 Utica,  onondaga  county  revitalization projects, Binghamton university
 school of pharmacy, New York power electronics manufacturing consortium,
 regional infrastructure projects,  HIGH  TECH  INNOVATION  AND  ECONOMIC
 DEVELOPMENT   INFRASTRUCTURE   PROGRAM,  high  technology  manufacturing
 projects in Chautauqua and Erie county, an industrial scale research and
 development facility in Clinton county,  upstate  revitalization  initi-
 ative  projects,  DOWNSTATE  REVITALIZATION  INITIATIVE  market New York
 projects, fairground buildings, equipment or facilities  used  to  house
 and  promote  agriculture,  the  state fair, the empire state trail, the
 moynihan station development project, the  Kingsbridge  armory  project,
 strategic  economic  development projects, the cultural, arts and public
 spaces fund, water infrastructure in the city  of  Auburn  and  town  of
 Owasco,  a  life  sciences laboratory public health initiative, not-for-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy equipment, economic development and infrastructure projects, [and]
 other state costs associated with such  projects  AND  ROOSEVELT  ISLAND
 OPERATING  CORPORATION CAPITAL PROJECTS.  The aggregate principal amount
 of bonds authorized to be issued pursuant  to  this  section  shall  not
 exceed  [six]  EIGHT  billion  [seven]  ONE  hundred [eight] FIFTY-EIGHT
 million  [two]  FIVE  hundred  [fifty-seven]  NINETY  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, projects  at  nano  Utica,  onondaga
 county  revitalization projects, Binghamton university school of pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional

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 infrastructure projects, high technology manufacturing projects in Chau-
 tauqua  and  Erie  county,  an industrial scale research and development
 facility in Clinton county, upstate revitalization initiative  projects,
 market  New York projects, fairground buildings, equipment or facilities
 used to house and promote agriculture, the state fair, the empire  state
 trail,  the moynihan station development project, the Kingsbridge armory
 project, strategic economic development projects, the cultural, arts and
 public spaces fund, water infrastructure in the city of Auburn and  town
 of Owasco, a life sciences laboratory public health initiative, not-for-
 profit  pounds, shelters and humane societies, arts and cultural facili-
 ties improvement program, restore  New  York's  communities  initiative,
 heavy  equipment,  economic development and infrastructure projects, 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, inter-
 est, 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  appro-
 priation  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.
   § 38. Subdivisions 1 and 3 of section 1285-p of the public authorities
 law, as amended by section 31 of part XXX of chapter 59 of the  laws  of
 2017, are amended to read as follows:
   1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
 notwithstanding any other provisions of law to the contrary, in order to
 assist the corporation in undertaking the administration and the financ-
 ing of the design, acquisition, construction, improvement, installation,
 and related work for all or any portion of any of the following environ-
 mental infrastructure projects and for the provision  of  funds  to  the
 state  for any amounts disbursed therefor: (a) projects authorized under
 the environmental protection fund, or for which appropriations are  made
 to  the  environmental  protection  fund  including,  but not limited to
 municipal  parks  and  historic  preservation,   stewardship,   farmland
 protection, non-point source, pollution control, Hudson River Park, land
 acquisition,  and  waterfront revitalization; (b) department of environ-
 mental conservation capital appropriations for Onondaga Lake for certain
 water quality improvement projects in the same manner as  set  forth  in
 paragraph (d) of subdivision one of section 56-0303 of the environmental
 conservation law; (c) for the purpose of the administration, management,
 maintenance, and use of the real property at the western New York nucle-
 ar  service center; (d) department of environmental conservation capital
 appropriations   for   the    administration,    design,    acquisition,
 construction,  improvement, installation, and related work on department
 of environmental conservation environmental infrastructure projects; (e)
 office of parks, recreation and historic preservation appropriations  or
 reappropriations  from  the state parks infrastructure fund; (f) capital

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 grants for the cleaner, greener communities program; (g)  capital  costs
 of  water quality infrastructure projects and (h) capital costs of clean
 water infrastructure projects the director of the division of budget and
 the  corporation  are  each authorized to enter into one or more service
 contracts, none of which shall exceed twenty  years  in  duration,  upon
 such terms and conditions as the director and the corporation may agree,
 so as to annually provide to the corporation in the aggregate, a sum not
 to exceed the annual debt service payments and related expenses required
 for  any  bonds  and notes authorized pursuant to section twelve hundred
 ninety of this title. Any service contract entered into pursuant to this
 section shall provide that the obligation of the state to fund or to pay
 the amounts therein provided for shall not  constitute  a  debt  of  the
 state  within  the  meaning of any constitutional or statutory provision
 and shall be deemed executory only to the extent of moneys available for
 such purposes, subject to annual appropriation by the  legislature.  Any
 such  service contract or any payments made or to be made thereunder may
 be assigned and pledged by the corporation as security for its bonds and
 notes, as authorized pursuant to section twelve hundred ninety  of  this
 title.
   3.  The  maximum amount of bonds that may be issued for the purpose of
 financing  environmental  infrastructure  projects  authorized  by  this
 section  shall  be  [four]  FIVE  billion [nine] TWO hundred [fifty-one]
 NINETY-SIX million [seven] ONE 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.
   § 39. 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 32 of part XXX of chapter  59  of  the
 laws of 2017, 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
 $660,000,000,  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.

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   §  40.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
 laws of 2002, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2002-2003  budget, as amended by
 section 33 of part XXX of chapter 59 of the laws of 2017, 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   [$250,000,000]  $253,000,000  TWO-HUNDRED  FIFTY-THREE  MILLION
 DOLLARS excluding bonds issued to fund one or more debt service  reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to  refund or otherwise repay such bonds or notes previously issued, for
 the 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 [$654,800,000]
 $744,800,000, SEVEN HUNDRED FORTY-FOUR MILLION  EIGHT  HUNDRED  THOUSAND
 DOLLARS, excluding bonds issued to fund one or more debt service reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to  refund or otherwise repay such bonds or notes previously issued, 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.
   § 41. Subdivision 1 of section 386-b of the public authorities law, as
 amended  by section 34 of part XXX of chapter 59 of the laws of 2017, 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  four
 billion   [three]  FOUR  hundred  [sixty-four]  EIGHTY  million  dollars
 [$4,364,000,000] $4,480,000,000, excluding bonds issued to fund  one  or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and  to refund or otherwise repay such bonds or notes previously issued.
 Such bonds and notes of the authority, the dormitory authority  and  the
 urban  development corporation shall not be a debt of the state, and the
 state shall not be liable thereon, nor shall they be payable out of  any
 funds  other  than those appropriated by the state to the authority, the
 dormitory authority and the urban 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

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 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.
   §  42.  Paragraph  (c) of subdivision 19 of section 1680 of the public
 authorities law, as amended by section 35 of part XXX of chapter  59  of
 the laws of 2017, 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  twelve  billion  [three]  NINE hundred [forty-three] FORTY-EIGHT
 million  EIGHT  HUNDRED  SIXTY-FOUR  THOUSAND  dollars  $12,948,864,000;
 provided,  however,  that bonds issued or to be issued shall be excluded
 from such limitation if: (1) such  bonds  are  issued  to  refund  state
 university  construction  bonds  and state 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 there-
 by;  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 there-
 on 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 expi-
 ration 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.
   § 43. Paragraph (c) of subdivision 14 of section 1680  of  the  public
 authorities  law,  as amended by section 36 of part XXX of chapter 59 of
 the laws of 2017, 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

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 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] EIGHT billion [nine] THREE
 hundred [eighty-one] FOURTEEN million [nine] SIX  hundred  [sixty-eight]
 NINETY-ONE  thousand  dollars $8,314,691,000.   The legislature reserves
 the right to amend or repeal such limit, and the state of New York,  the
 dormitory  authority,  the  city university, and the fund are prohibited
 from covenanting or making any other agreements with or for the  benefit
 of bondholders which might in any way affect such right.
   §  44. Subdivision 10-a of section 1680 of the public authorities law,
 as amended by section 37 of part XXX of chapter 59 of the laws of  2017,
 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  nine  hundred  [four-
 teen]  FIFTY-THREE  million [five] TWO hundred [ninety] SIXTY-FIVE thou-
 sand dollars $953,265,000. Such amount shall be exclusive of  bonds  and
 notes issued to fund any reserve fund or funds, costs of issuance and to
 refund  any  outstanding bonds and notes, issued on behalf of the state,
 relating to a locally sponsored community college.
   § 45. 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 38 of part XXX of chapter 59 of the laws of 2017, 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] SEVEN hundred [eighty-
 two] SIXTY-NINE million [nine]  SIX  hundred  fifteen  thousand  dollars
 [($682,915,000)]   ($769,615,000),  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-

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 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]  SEVEN  hundred
 [eighty-two]  SIXTY-NINE  million  [nine]  SIX  hundred fifteen thousand
 dollars [($682,915,000)] ($769,615,000), 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 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.
   § 46. 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 39 of part XXX
 of chapter 59 of the laws of 2017, 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

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 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  eight  billion [three] SEVEN hundred [ninety-two] FIFTY-EIGHT
 MILLION [eight] SEVEN hundred [fifteen] ELEVEN thousand dollars, exclud-
 ing mental health  services  facilities  improvement  bonds  and  mental
 health  services facilities improvement notes issued to refund outstand-
 ing mental health  services  facilities  improvement  bonds  and  mental
 health  services  facilities  improvement notes; provided, however, that
 upon any such refunding or repayment of mental health  services  facili-
 ties improvement bonds and/or mental health services facilities improve-
 ment  notes  the  total aggregate principal amount of outstanding mental
 health services facilities improvement bonds and mental  health  facili-
 ties  improvement  notes may be greater than eight billion [three] SEVEN
 hundred [ninety-two] FIFTY-EIGHT MILLION [eight] SEVEN hundred [fifteen]
 ELEVEN thousand dollars $8,758,711,000 only if,  except  as  hereinafter
 provided  with  respect  to  mental health services facilities bonds and
 mental health services facilities notes issued to refund mental  hygiene
 improvement  bonds authorized to be issued pursuant to the provisions of
 section 47-b of the private housing finance law, the  present  value  of
 the  aggregate  debt  service  of the refunding or repayment bonds to be
 issued shall not exceed the present value of the aggregate debt  service
 of  the bonds to be refunded or repaid. For purposes hereof, the present
 values of the aggregate debt  service  of  the  refunding  or  repayment
 bonds,  notes  or other obligations and of the aggregate debt service of
 the bonds, notes or other obligations so refunded or  repaid,  shall  be
 calculated  by utilizing the effective interest rate of the refunding or
 repayment bonds, notes or other obligations, which shall  be  that  rate
 arrived  at  by doubling the semi-annual interest rate (compounded semi-
 annually) necessary to discount the debt service payments on the refund-
 ing or repayment bonds, notes or  other  obligations  from  the  payment
 dates  thereof to the date of issue of the refunding or repayment bonds,
 notes or other obligations and to  the  price  bid  including  estimated
 accrued  interest  or proceeds received by the authority including esti-
 mated accrued interest from the sale thereof.  Such  bonds,  other  than
 bonds  issued  to refund outstanding bonds, shall be scheduled to mature
 over a term not to exceed the 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  maxi-
 mum  maturity  of  notes  or  any renewals thereof shall not exceed five
 years from the date of the original issue of such notes. Notwithstanding
 the provisions of this section, the agency shall have the power  and  is
 hereby authorized to issue mental health services facilities improvement
 bonds  and/or  mental  health  services  facilities improvement notes to
 refund outstanding mental hygiene improvement  bonds  authorized  to  be
 issued pursuant to the provisions of section 47-b of the private housing
 finance  law  and  the  amount  of  bonds issued or outstanding for such
 purposes shall not be included for purposes of determining the amount of
 bonds issued pursuant to this section. The director of the budget  shall
 allocate  the  aggregate principal authorized to be issued by the agency
 among the office of mental health, office for people with  developmental
 disabilities, and the office of alcoholism and substance abuse services,
 in  consultation with their respective commissioners to finance bondable
 appropriations previously approved by the legislature.

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   § 47. Subdivision 1 of section 1680-r of the public  authorities  law,
 as  amended by section 41 of part XXX of chapter 59 of the laws of 2017,
 is amended to read as follows:
   1.  Notwithstanding  the  provisions of any other law to the contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of funding project costs for the capital restructuring financing program
 for health care and related facilities licensed pursuant to  the  public
 health  law  or  the mental hygiene law and other state costs associated
 with such capital projects,  the  health  care  facility  transformation
 programs,  and the essential health care provider program. The aggregate
 principal amount of bonds authorized  to  be  issued  pursuant  to  this
 section  shall  not  exceed  [two] THREE billion [seven hundred million]
 dollars, excluding bonds issued to fund one or more debt service reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to refund or otherwise repay such bonds or notes previously issued. Such
 bonds and notes of the dormitory authority  and  the  urban  development
 corporation shall not be a debt of the state, and the state shall not be
 liable  thereon,  nor  shall they be payable out of any funds other than
 those appropriated by the state to the dormitory authority and the urban
 development corporation for 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.
   §  48.  Section  50  of  section  1 of chapter 174 of the laws of 1968
 constituting the New York state urban development  corporation  act,  as
 added  by  section  42 of part XXX of chapter 59 of the laws of 2017, is
 amended to read as follows:
   § 50. 1. Notwithstanding the  provisions  of  any  other  law  to  the
 contrary,  the dormitory authority and the urban development corporation
 are hereby authorized to issue bonds or notes in one or more series  for
 the  purpose  of  funding  project  costs  undertaken by or on behalf of
 special act school districts, state-supported schools for the blind  and
 deaf,  approved  private  special education schools, non-public schools,
 community centers, day care facilities, and other state costs associated
 with such capital projects. The  aggregate  principal  amount  of  bonds
 authorized  to  be  issued  pursuant  to  this  section shall not exceed
 fifty-five million dollars,  excluding bonds issued to fund one or  more
 debt  service reserve funds, to pay costs of issuance of such bonds, and
 bonds or notes issued to refund or otherwise repay such bonds  or  notes
 previously  issued.  Such bonds and notes of the dormitory authority and
 the urban development corporation shall not be a debt of the state,  and
 the  state shall not be liable thereon, nor shall they be payable out of
 any funds other than those appropriated by the state  to  the  dormitory
 authority and the urban development corporation for principal, interest,
 and  related  expenses pursuant to a service contract and such bonds and
 notes shall contain on the face thereof  a  statement  to  such  effect.
 Except  for  purposes  of  complying with the internal revenue code, any
 interest income earned on bond proceeds shall only be used to  pay  debt
 service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the urban development corpo-
 ration in undertaking the financing for project costs undertaken  by  or
 on  behalf  of special act school districts, state-supported schools for
 the blind and deaf and approved private special education schools,  non-

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 public  schools, community centers, day care facilities, and other state
 costs associated with such capital projects, the director of the  budget
 is  hereby  authorized  to enter into one or more service contracts with
 the  dormitory  authority and the urban development corporation, none of
 which shall exceed thirty years in duration, upon such terms and  condi-
 tions  as the director of the budget and the dormitory authority and the
 urban development corporation agree, so as to annually  provide  to  the
 dormitory authority and the urban development corporation, in the aggre-
 gate,  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 there-
 under may be assigned and pledged by the  dormitory  authority  and  the
 urban  development  corporation  as security for its bonds and notes, as
 authorized by this section.
   § 49. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
 laws  of  2005,  relating to providing for the administration of certain
 funds and accounts related  to  the  2005-2006  budget,  as  amended  by
 section  42-a  of part XXX of chapter 59 of the laws of 2017, is amended
 to read as follows:
   (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
 notwithstanding  any  provisions  of  law  to  the contrary, one or more
 authorized issuers as defined by section 68-a of the state  finance  law
 are  hereby  authorized to issue bonds or notes in one or more series in
 an aggregate principal amount not to exceed  [$47,000,000]  $67,000,000,
 SIXTY-SEVEN  MILLION  DOLLARS  excluding  bonds issued to finance one or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and bonds or notes issued to refund or otherwise  repay  such  bonds  or
 notes  previously  issued, for the purpose of financing capital projects
 for public protection facilities in the Division of Military  and  Naval
 Affairs,  debt  service  and  leases; and to reimburse the state general
 fund for disbursements made therefor.  Such  bonds  and  notes  of  such
 authorized  issuer shall not be a debt of the state, and the state shall
 not be liable thereon, nor shall they be payable out of any funds  other
 than  those appropriated by the state to such authorized issuer for debt
 service and related expenses pursuant to any service  contract  executed
 pursuant  to  subdivision  (b)  of this section and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes of complying with  the  internal  revenue  code,  any  interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   §  50.  Subdivision 1 of section 49 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 42-b of part XXX of chapter 59 of the
 laws of 2017, 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 state and municipal facilities program and other
 state costs associated with such capital projects. The aggregate princi-
 pal amount of bonds authorized to be issued  pursuant  to  this  section

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 shall  not  exceed  one  billion nine hundred [twenty-five] THIRTY-EIGHT
 million FIVE HUNDRED THOUSAND dollars, excluding bonds  issued  to  fund
 one or more debt service reserve funds, to pay costs of issuance of such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds
 or  notes  previously  issued.  Such  bonds  and  notes of the 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.
   §  51.  Subdivision 1 of section 51 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 42-c of part XXX of chapter 59 of the
 laws of 2017, is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of  funding  project  costs  for  the  nonprofit  infrastructure capital
 investment program and other state costs associated  with  such  capital
 projects.  The  aggregate  principal  amount  of  bonds authorized to be
 issued pursuant to this section shall  not  exceed  one  hundred  twenty
 million dollars, excluding bonds issued to fund one or more debt service
 reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued. Such bonds and notes of the dormitory authority  and  the  urban
 development  corporation shall not be a debt of the state, and the state
 shall not be liable thereon, nor shall they be payable out of any  funds
 other  than  those  appropriated by the state to the dormitory authority
 and the urban  development  corporation  for  principal,  interest,  and
 related expenses pursuant to a service contract and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 52. Paragraph (b) of subdivision  4  of  section  72  of  the  state
 finance  law,  as amended by section 43 of part XXX of chapter 59 of the
 laws of 2017, is amended to read as follows:
   (b) On or before the beginning of each quarter, the  director  of  the
 budget  may  certify  to  the  state comptroller the estimated amount of
 monies that shall be reserved in the general debt service fund  for  the
 payment of debt service and related expenses payable by such fund during
 each  month  of  the  state fiscal year, excluding payments due from the
 revenue bond tax fund. Such certificate may be periodically updated,  as
 necessary.  Notwithstanding  any  provision  of law to the contrary, the
 state comptroller shall reserve in the general  debt  service  fund  the
 amount  of  monies  identified  on such certificate as necessary for the
 payment of debt service and related expenses during the current or  next
 succeeding  quarter of the state fiscal year. Such monies reserved shall
 not be available for  any  other  purpose.  Such  certificate  shall  be
 reported  to  the  chairpersons  of the Senate Finance Committee and the
 Assembly Ways and Means Committee.  The  provisions  of  this  paragraph
 shall expire June thirtieth, two thousand twenty.

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   §  53.  The  opening  paragraph  of paragraph (a) and paragraph (g) of
 subdivision 2 of section 56 of the state  finance  law,  as  amended  by
 section 48 of part XXX of chapter 59 of the laws of 2017, are amended to
 read as follows:
   Refunding  bonds  shall be issued only when the comptroller shall have
 certified that, as a result of the  refunding,  there  will  be  a  debt
 service savings to the state on a present value basis as a result of the
 refunding  transaction  and  that  either (i) the refunding will benefit
 state taxpayers over the life of the refunding  bonds  by  achieving  an
 actual  debt  service  savings each year or state fiscal year during the
 term to maturity of the refunding bonds when debt service on the refund-
 ing bonds is expected to be paid from legislative appropriations or (ii)
 debt service on the refunding bonds shall be payable in annual  install-
 ments  of  principal and interest which result in substantially level or
 declining debt service payments pursuant to paragraph (b) of subdivision
 two of section fifty-seven of this article. Such  certification  by  the
 comptroller  shall  be  conclusive as to matters contained therein after
 the refunding bonds have been issued.
   (g) Any refunding bonds issued pursuant to this section shall be  paid
 in  annual  installments which shall, so long as any refunding bonds are
 outstanding, be made in each year or state fiscal year in which install-
 ments were due on the bonds to be refunded and shall  be  in  an  amount
 which  shall  result in annual debt service payments which shall be less
 in each year or state fiscal year than the annual debt service  payments
 on  the  bonds to be refunded unless debt service on the refunding bonds
 is payable in annual installments of principal and interest  which  will
 result  in substantially level or declining debt service payments pursu-
 ant to paragraph (b) of subdivision two of section fifty-seven  of  this
 article.
   §  54. Subdivisions 1, 2 and 6 of section 57 of the state finance law,
 as amended by section 49 of part XXX of chapter 59 of the laws of  2017,
 are amended to read as follows:
   1.  Whenever  the  legislature, after authorization of a bond issue by
 the people at a general election, as provided by section eleven of arti-
 cle seven of the state constitution, or as provided by section three  of
 article  eighteen  of  the state constitution, shall have authorized, by
 one or more laws, the creation of a state debt or debts,  bonds  of  the
 state, to the amount of the debt or debts so authorized, shall be issued
 and  sold  by the state comptroller. Any appropriation from the proceeds
 of the sale of bonds, pursuant to this section, shall be deemed to be an
 authorization for the creation of a state debt or debts to the extent of
 such appropriation. The state comptroller may issue and  sell  a  single
 series  of bonds pursuant to one or more such authorizations and for one
 or more duly authorized works or purposes. As part  of  the  proceedings
 for  each  such  issuance and sale of bonds, the state comptroller shall
 designate the works or purposes for which they are issued. It shall  not
 be  necessary  for  him to designate the works or purposes for which the
 bonds are issued on the face of the bonds. The proceeds from the sale of
 bonds for more than one work or purpose shall  be  separately  accounted
 for  according  to the works or purposes designated for such sale by the
 comptroller and the proceeds received for each work or purpose shall  be
 expended only for such work or purpose. The bonds shall bear interest at
 such  rate  or  rates as in the judgment of the state comptroller may be
 sufficient or necessary to effect a sale of the bonds, and such interest
 shall be payable at least semi-annually, in the case  of  bonds  with  a
 fixed interest rate, and at least annually, in the case of bonds with an

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 interest  rate  that varies periodically, in the city of New York unless
 annual payments of principal and interest result in substantially  level
 or  declining  debt  service payments over the life of an issue of bonds
 pursuant  to  paragraph (b) of subdivision two of this section or unless
 accrued interest is contributed to a sinking  fund  in  accordance  with
 subdivision  three  of  section  twelve  of  article  seven of the state
 constitution, in which case interest shall be paid at such times and  at
 such  places  as  shall  be determined by the state comptroller prior to
 issuance of the bonds.
   2. Such bonds, or the portion thereof at any  time  issued,  shall  be
 made payable (a) in equal annual principal installments or (b) in annual
 installments  of  principal  and  interest which result in substantially
 level or declining debt service payments, over the life  of  the  bonds,
 the  first  of  which annual installments shall be payable not more than
 one year from the date of issue and the last of which shall  be  payable
 at  such  time  as the comptroller may determine but not more than forty
 years or state fiscal years after the date of issue, not more than fifty
 years after the date of issue in the case of housing bonds, and not more
 than twenty-five years in the case of urban renewal bonds.  Where  bonds
 are  payable  pursuant  to paragraph (b) of this subdivision, except for
 the year or state fiscal year of initial issuance if less  than  a  full
 year of debt service is to become due in that year or state fiscal year,
 either  (i) the greatest aggregate amount of debt service payable in any
 year or state fiscal year shall not differ  from  the  lowest  aggregate
 amount of debt service payable in any other year or state fiscal year by
 more  than  five percent or (ii) the aggregate amount of debt service in
 each year or state fiscal year shall be less than the  aggregate  amount
 of  debt service in the immediately preceding year or state fiscal year.
 For purposes of this subdivision, debt service shall include all princi-
 pal, redemption price, sinking fund installments or  contributions,  and
 interest  scheduled  to  become due. For purposes of determining whether
 debt service is level or declining on bonds issued with a variable  rate
 of interest pursuant to paragraph b of subdivision four of this section,
 the comptroller shall assume a market rate of interest as of the date of
 issuance.  Where  the  comptroller determines that interest on any bonds
 shall be compounded and payable at maturity, such bonds shall be payable
 only in accordance with paragraph (b) of this subdivision unless accrued
 interest is contributed to a sinking fund in accordance with subdivision
 three of section twelve of article seven of the state  constitution.  In
 no case shall any bonds or portion thereof be issued for a period longer
 than the probable life of the work or purpose, or part thereof, to which
 the  proceeds of the bonds are to be applied, or in the alternative, the
 weighted average period of the probable life of the works or purposes to
 which the proceeds of the bonds are to be applied taking into  consider-
 ation  the  respective amounts of bonds issued for each work or purpose,
 as may be determined under section sixty-one  of  this  article  and  in
 accordance with the certificate of the commissioner of general services,
 and/or  the  commissioner  of  transportation,  state  architect,  state
 commissioner of housing and urban renewal, or other  authority,  as  the
 case may be, having charge by law of the acquisition, construction, work
 or improvement for which the debt was authorized. Such certificate shall
 be  filed  in  the  office  of the state comptroller and shall state the
 group, or, where the probable lives of two or more  separable  parts  of
 the  work  or  purposes  are  different,  the  groups, specified in such
 section, for which the amount or amounts, shall be provided by the issu-
 ance and sale of bonds.  Weighted average period of probable life  shall

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 be  determined  by computing the sum of the products derived from multi-
 plying the dollar value of the portion of the debt contracted  for  each
 work  or purpose (or class of works or purposes) by the probable life of
 such  work  or  purpose (or class of works or purposes) and dividing the
 resulting sum by the dollar value of the entire debt after  taking  into
 consideration  any  original  issue  discount.  Any  costs  of  issuance
 financed with bond proceeds shall be prorated among the various works or
 purposes. Such bonds, or the portion thereof at any time sold, shall  be
 of such denominations, subject to the foregoing provisions, as the state
 comptroller  may  determine. Notwithstanding the foregoing provisions of
 this subdivision, the comptroller may issue all or  a  portion  of  such
 bonds  as  serial  debt, term debt or a combination thereof, maturing as
 required by this subdivision, provided that the comptroller  shall  have
 provided for the retirement each year or state fiscal year, or otherwise
 have  provided  for  the  payment  of,  through sinking fund installment
 payments or otherwise, a portion of such term bonds in an amount meeting
 the requirements of paragraph (a) or (b) of this  subdivision  or  shall
 have  established  a sinking fund and provided for contributions thereto
 as provided in subdivision eight of this section and section  twelve  of
 article seven of the state constitution.
   6. Except with respect to bonds issued in the manner provided in para-
 graph  (c)  of subdivision seven of this section, all bonds of the state
 of New York which the comptroller of the state of New York is authorized
 to issue and sell, shall be executed in the name of  the  state  of  New
 York  by  the manual or facsimile signature of the state comptroller and
 his seal (or a facsimile thereof) shall be thereunto affixed, imprinted,
 engraved or otherwise reproduced. In  case  the  state  comptroller  who
 shall  have  signed  and sealed any of the bonds shall cease to hold the
 office of state comptroller before the bonds so signed and sealed  shall
 have  been  actually  countersigned and delivered by the fiscal agent or
 trustee, such bonds may, nevertheless, be countersigned and delivered as
 herein provided, and may be issued  as  if  the  state  comptroller  who
 signed  and  sealed  such  bonds had not ceased to hold such office. Any
 bond of a series may be signed and sealed on behalf of the state of  New
 York  by such person as at the actual time of the execution of such bond
 shall hold the office of comptroller of the state of New York,  although
 at  the  date  of the bonds of such series such person may not have held
 such office. The coupons to be attached to  the  coupon  bonds  of  each
 series  shall  be  signed  by the facsimile signature of the state comp-
 troller of the state of New York or by any person who  shall  have  held
 the office of state comptroller of the state of New York on or after the
 date  of  the bonds of such series, notwithstanding that such person may
 not have been such state comptroller at the date of any such bond or may
 have ceased to be such state comptroller at the date when any such  bond
 shall  be actually countersigned and delivered. The bonds of each series
 shall be countersigned  with  the  manual  signature  of  an  authorized
 employee  of  the  fiscal  agent or trustee of the state of New York. No
 bond and no coupon thereunto appertaining shall be valid  or  obligatory
 for  any  purpose  until  such  manual countersignature of an authorized
 employee of the fiscal agent or trustee of the state of New  York  shall
 have been duly affixed to such bond.
   § 55. Section 62 of the state finance law, as amended by section 51 of
 part  XXX  of  chapter  59  of  the  laws of 2017, is amended to read as
 follows:
   § 62. Replacement of lost certificates. The comptroller, who  may  act
 through  his  duly authorized fiscal agent or trustee appointed pursuant

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 to section sixty-five of this article, may issue to the lawful owner  of
 any  certificate or bond issued by him in behalf of this state, which he
 or such duly authorized fiscal agent or trustee  is  satisfied,  by  due
 proof  filed  in his office or with such duly authorized fiscal agent or
 trustee, has been lost or casually destroyed, a new certificate or bond,
 corresponding in date, number and amount with the certificate or bond so
 lost or destroyed, and expressing on its  face  that  it  is  a  renewed
 certificate or bond. No such renewed certificate or bond shall be issued
 unless  sufficient  security is given to satisfy the lawful claim of any
 person to the original certificate or bond, or to any interest  therein.
 The  comptroller shall report annually to the legislature the number and
 amount of all renewed certificates or bonds so issued.  If  the  renewed
 certificate  is  issued  by  the state's duly authorized fiscal agent or
 trustee and such agent or trustee agrees to be responsible for any  loss
 suffered  as  a  result  of  unauthorized payment, the security shall be
 provided to and approved by the fiscal agent or  trustee  and  no  addi-
 tional  approval  by  the  comptroller  or the attorney general shall be
 required.
   § 56. Section 65 of the state finance law, as amended by section 52 of
 part XXX of chapter 59 of the laws  of  2017,  is  amended  to  read  as
 follows:
   §  65.  Appointment  of fiscal agent or trustee; powers and duties. 1.
 Notwithstanding any other provisions of this chapter,  the  comptroller,
 on  behalf  of the state, may contract from time to time for a period or
 periods not exceeding ten years each, except in the case of  a  bank  or
 trust  company  agreeing  to  act as issuing, paying and/or tender agent
 with respect to a particular issue of variable interest  rate  bonds  in
 which  case  the comptroller, on behalf of the state, may contract for a
 period not to exceed the term of such particular issue  of  bonds,  with
 one or more banks or trust companies located in the city of New York, to
 act  as fiscal agent, trustee, or agents of the state, and for the main-
 tenance of an office for the registration, conversion, reconversion  and
 transfer  of the bonds and notes of the state, including the preparation
 and substitution of new bonds and notes, for the payment of the  princi-
 pal thereof and interest thereon, for related services, and to otherwise
 effectuate  the powers and duties of a fiscal agent or trustee on behalf
 of the state in all such respects as may  be  determined  by  the  comp-
 troller  for  such  bonds and notes, and for the payment by the state of
 such compensation therefor as the comptroller may  determine.  Any  such
 fiscal  agent  or trustee may, where authorized pursuant to the terms of
 its contract, accept delivery of obligations purchased by the state  and
 of  securities deposited with the state pursuant to sections one hundred
 five and one hundred six of this chapter and hold the same in  safekeep-
 ing,  make  delivery to purchasers of obligations sold by the state, and
 accept deposit of such proceeds of sale without securing the  same.  Any
 such  contract  may  also provide that such fiscal agent or trustee may,
 upon the written instruction of the comptroller, deposit any obligations
 or securities which it receives pursuant to such contract, in an account
 with a federal reserve bank, to be held in such account in the  form  of
 entries  on the books of the federal reserve bank, and to be transferred
 in the event of any assignment,  sale,  redemption,  maturity  or  other
 disposition  of  such obligations or securities, by entries on the books
 of the federal reserve bank. Any such bank or  trust  company  shall  be
 responsible  to  the  people  of  this  state  for the faithful and safe
 conduct of the business of said office, for the fidelity  and  integrity
 of  its officers and agents employed in such office, and for all loss or

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 damage which may result from any failure to discharge their duties,  and
 for any improper and incorrect discharge of those duties, and shall save
 the  state  free and harmless from any and all loss or damage occasioned
 by  or  incurred  in the performance of such services. Any such contract
 may be terminated by the comptroller at any time. In the  event  of  any
 change in any office maintained pursuant to any such contract, the comp-
 troller  shall  give public notice thereof in such form as he may deter-
 mine appropriate.
   2. The comptroller shall  prescribe  rules  and  regulations  for  the
 registration,  conversion,  reconversion  and  transfer of the bonds and
 notes of the state, including the preparation and  substitution  of  new
 bonds,  for  the  payment of the principal thereof and interest thereon,
 and for other authorized services to be performed by such  fiscal  agent
 or  trustee.  Such  rules  and  regulations, and all amendments thereof,
 shall be prepared in duplicate, one copy of which shall be filed in  the
 office  of  the  department  of  audit  and control and the other in the
 office of the department of state. A copy thereof  may  be  filed  as  a
 public  record  in  such other offices as the comptroller may determine.
 Such rules and regulations shall be obligatory on all persons having any
 interests in bonds and  notes  of  the  state  heretofore  or  hereafter
 issued.
   §  57.  Subdivision 2 of section 365 of the public authorities law, as
 amended by section 54 of part XXX of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   2. The notes and bonds shall be authorized by resolution of the board,
 shall  bear  such date or dates and mature at such time or times, in the
 case of notes and any renewals thereof within  five  years  after  their
 respective dates and in the case of bonds not exceeding forty years from
 their  respective  dates, as such resolution or resolutions may provide.
 The notes and bonds shall bear interest at such rate  or  rates,  be  in
 such  denominations, be in such form, either coupon or registered, carry
 such registration privileges, be executed in such manner, be payable  in
 such  medium of payment, at such place or places, and be subject to such
 terms of redemption as such resolution or resolutions may provide. Bonds
 and notes shall be sold by the authority, at public or private sale,  at
 such  price or prices as the authority may determine. Bonds and notes of
 the authority shall not be sold by the authority at private sale  unless
 such  sale  and  the  terms thereof have been approved in writing by the
 comptroller, where such sale is not to the comptroller, or by the direc-
 tor of the budget, where such sale is to the comptroller.
   § 58. Section 55 of chapter 59 of the laws of 2017 relating to provid-
 ing for the administration of certain funds and accounts related to  the
 2017-18  budget  and  authorizing  certain  payments  and  transfers, is
 amended to read as follows:
   § 55. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017; provided,
 however,  that  the  provisions of sections one, two, three, four, five,
 six, seven, eight,  thirteen,  fourteen,  fifteen,  sixteen,  seventeen,
 eighteen,  nineteen,  twenty, [twenty-one,] twenty-two, twenty-two-e and
 twenty-two-f of this act shall expire March 31, 2018 when upon such date
 the provisions of such sections shall be deemed repealed; and  provided,
 further,  that  section  twenty-two-c of this act shall expire March 31,
 2021.
   § 59. Paragraph (b) of subdivision 3 and clause  (B)  of  subparagraph
 (iii)  of paragraph (j) of subdivision 4 of section 1 of part D of chap-
 ter 63 of the laws of 2005, relating to the composition and responsibil-

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 ities of the New York state  higher  education  capital  matching  grant
 board,  as amended by section 45 of part UU of chapter 54 of the laws of
 2016, are amended to read as follows:
   (b)  Within amounts appropriated therefor, the board is hereby author-
 ized and directed to award matching capital grants  totaling  [240]  TWO
 HUNDRED  SEVENTY  million  dollars. Each college shall be eligible for a
 grant award amount as determined by the calculations pursuant to  subdi-
 vision  five of this section. In addition, such colleges shall be eligi-
 ble to compete for additional funds pursuant to paragraph (h) of  subdi-
 vision four of this section.
   (B)  The  dormitory authority shall not issue any bonds or notes in an
 amount in excess of [240] TWO HUNDRED SEVENTY million  dollars  for  the
 purposes of this section; excluding bonds or notes issued to fund one or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and  bonds  or  notes  issued to refund or otherwise repay such bonds or
 notes previously issued. Except  for  purposes  of  complying  with  the
 internal  revenue code, any interest on bond proceeds shall only be used
 to pay debt service on such bonds.
   § 60. Subdivision 1 of section 1680-n of the public  authorities  law,
 as  added  by section 46 of part T of chapter 57 of the laws of 2007, is
 amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the  authority  and the urban development corporation are hereby author-
 ized to issue bonds or notes in one or more series for  the  purpose  of
 funding  project  costs for the acquisition of state buildings and other
 facilities. The aggregate principal amount of  bonds  authorized  to  be
 issued  pursuant  to  this  section shall not exceed one hundred [forty]
 SIXTY-FIVE million dollars, excluding bonds issued to fund one  or  more
 debt  service reserve funds, to pay costs of issuance of such bonds, and
 bonds or notes issued to refund or otherwise repay such bonds  or  notes
 previously  issued.  Such bonds and notes of the authority and the urban
 development corporation shall not be a debt of the state, and the  state
 shall  not be liable thereon, nor shall they be payable out of any funds
 other than those appropriated by the state  to  the  authority  and  the
 urban  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.
   § 61. Subdivision 1 of section 386-a of the public authorities law, as
 amended  by  section  46 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 assisting the metropolitan  transportation  authority  in
 the  financing  of  transportation  facilities as defined in subdivision
 seventeen of section twelve  hundred  sixty-one  of  this  chapter.  The
 aggregate  principal amount of bonds authorized to be issued pursuant to
 this section shall not exceed one billion [five]  SIX  hundred  [twenty]
 NINETY-FOUR million dollars [($1,520,000,000)] $1,694,000,000, 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

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 be a debt of the state, and the state shall not be liable  thereon,  nor
 shall  they be payable out of any funds other than those appropriated by
 the state to the authority, the dormitory authority and the urban devel-
 opment  corporation for principal, interest, and related expenses pursu-
 ant to a service contract and such bonds and notes shall contain on  the
 face  thereof a statement to such effect. Except for purposes of comply-
 ing with the internal revenue code, any interest income earned  on  bond
 proceeds shall only be used to pay debt service on such bonds.
   §  62.  Subdivision 1 of section 1680-k of the public authorities law,
 as added by section 5 of part J-1 of chapter 109 of the laws of 2006, is
 amended to read as follows:
   1. Subject to the provisions of chapter fifty-nine of the laws of  two
 thousand, but notwithstanding any provisions of law to the contrary, the
 dormitory  authority is hereby authorized to issue bonds or notes in one
 or more series in an aggregate principal  amount  not  to  exceed  forty
 million SEVEN HUNDRED FIFTEEN THOUSAND dollars excluding bonds issued to
 finance one or more debt service reserve funds, to pay costs of issuance
 of  such  bonds,  and bonds or notes issued to refund or otherwise repay
 such bonds or notes previously issued, for the purpose of financing  the
 construction  of the New York state agriculture and markets food labora-
 tory. Eligible project costs may include, but not be limited to the cost
 of design, financing, site investigations, site acquisition and prepara-
 tion, demolition, construction, rehabilitation, acquisition of machinery
 and equipment, and infrastructure improvements. Such bonds and notes  of
 such  authorized issuers shall not be a debt of the state, and the state
 shall not be liable thereon, nor shall they be payable out of any  funds
 other  than  those  appropriated by the state to such authorized issuers
 for debt service and related expenses pursuant to any  service  contract
 executed  pursuant to subdivision two of this section and such bonds and
 notes shall contain on the face thereof  a  statement  to  such  effect.
 Except  for  purposes  of  complying with the internal revenue code, any
 interest income earned on bond proceeds shall only be used to  pay  debt
 service on such bonds.
   §  63. Subdivisions 13-d and 13-e of section 5 of section 1 of chapter
 359 of the laws of 1968, constituting the facilities development  corpo-
 ration  act,  subdivision  13-d as amended by chapter 166 of the laws of
 1991 and subdivision 13-e as amended by chapter 90 of the laws of  1989,
 is amended to read as follows:
   13-d.  1.  Subject to the terms and conditions of any lease, sublease,
 loan or other financing  agreement  with  the  medical  care  facilities
 finance  agency  in accordance with subdivision 13-c of this section, to
 make loans to voluntary agencies for the purpose of financing  or  refi-
 nancing the design, construction, acquisition, reconstruction, rehabili-
 tation  and  improvement of mental hygiene facilities owned or leased by
 such voluntary agencies provided, however, that  with  respect  to  such
 facilities which are leased by a voluntary agency, the term of repayment
 of  such  loan  shall  not  exceed  the term of such lease including any
 option to renew such lease. Notwithstanding any other provisions of law,
 such loans may be made jointly to one or more voluntary  agencies  which
 own  and  one  or  more  voluntary  agencies which will operate any such
 mental hygiene facility.
   2. SUBJECT TO THE TERMS AND CONDITIONS OF ANY LEASE, SUBLEASE, LOAN OR
 OTHER FINANCING AGREEMENT WITH THE MEDICAL CARE FACILITIES FINANCE AGEN-
 CY, TO MAKE GRANTS TO VOLUNTARY AGENCIES OR PROVIDE PROCEEDS  OF  MENTAL
 HEALTH  SERVICES  FACILITIES  BONDS  OR  NOTES TO THE DEPARTMENT TO MAKE
 GRANTS TO VOLUNTARY AGENCIES OR TO REIMBURSE DISBURSEMENTS  MADE  THERE-

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 FOR,  IN  EACH  CASE,  FOR  THE  PURPOSE OF FINANCING OR REFINANCING THE
 DESIGN, CONSTRUCTION, ACQUISITION,  RECONSTRUCTION,  REHABILITATION  AND
 IMPROVEMENT  OF MENTAL HYGIENE FACILITIES OWNED OR LEASED BY SUCH VOLUN-
 TARY AGENCIES.
   13-e.  To  receive  from the comptroller state aid payments pledged or
 agreed to be paid by any voluntary agency in accordance with any  lease,
 sublease,  loan, or other financing agreement OR GRANT AGREEMENT entered
 into with such voluntary agency BY THE CORPORATION OR, IN  THE  CASE  OF
 GRANTS MADE TO VOLUNTARY AGENCIES BY THE DEPARTMENT PURSUANT TO SUBDIVI-
 SION  13-D, BY THE DEPARTMENT.  Such pledges may be made from sources of
 state aid including but not limited to payments made pursuant to:  arti-
 cles nineteen, twenty-five and forty-one of the mental hygiene law.
   §  64. Paragraph a of subdivision 4 of section 9 of section 1 of chap-
 ter 359 of the laws of 1968,  constituting  the  facilities  development
 corporation  act,  as  amended  by  chapter  90  of the laws of 1989, is
 amended to read as follows:
   4. Agreements.  a. Upon certification by the director of the budget of
 the availability of required appropriation authority,  the  corporation,
 or  any  successor  agency,  is hereby authorized and empowered to enter
 into leases, subleases, loans and other financing  agreements  with  the
 state  housing  finance  agency and/or the state medical care facilities
 finance agency, and to enter into such amendments thereof as the  direc-
 tors  of the corporation, or any successor agency, may deem necessary or
 desirable, which shall provide for (i) the financing or  refinancing  of
 or the design, construction, acquisition, reconstruction, rehabilitation
 or improvement of one or more mental hygiene facilities or for the refi-
 nancing  of  any  such  facilities  for which bonds have previously been
 issued and are outstanding, and  the  purchase  or  acquisition  of  the
 original  furnishings,  equipment, machinery and apparatus to be used in
 such facilities upon the completion of work, (ii)  the  leasing  to  the
 state  housing  finance  agency  or  the  state  medical care facilities
 finance agency of all or any portion of  one  or  more  existing  mental
 hygiene  facilities  and  one  or  more  mental hygiene facilities to be
 designed,  constructed,  acquired,   reconstructed,   rehabilitated   or
 improved,  or of real property related to the work to be done, including
 real property originally acquired by  the  appropriate  commissioner  or
 director  of the department in the name of the state pursuant to article
 seventy-one of the mental hygiene law,  (iii)  the  subleasing  of  such
 facilities  and  property  by the corporation upon completion of design,
 construction, acquisition, reconstruction,  rehabilitation  or  improve-
 ment,  such leases, subleases, loans or other financing agreements to be
 upon such other terms and conditions as may be  agreed  upon,  including
 terms  and conditions relating to length of term, maintenance and repair
 of mental hygiene facilities  during  any  such  term,  and  the  annual
 rentals   to   be  paid  for  the  use  of  such  facilities,  property,
 furnishings, equipment, machinery and apparatus, and  (iv)  the  receipt
 and  disposition,  including  loans  OR GRANTS to voluntary agencies, of
 proceeds of mental health  service  facilities  bonds  or  notes  issued
 pursuant to section nine-a of the New York state medical care facilities
 finance  agency  act. For purposes of the design, construction, acquisi-
 tion, reconstruction, rehabilitation or improvement work required by the
 terms of any such lease, sublease or agreement,  the  corporation  shall
 act  as  agent for the state housing finance agency or the state medical
 care facilities finance agency. In the event that the corporation enters
 into an agreement for the financing of any of the aforementioned facili-
 ties with the state housing finance agency or  the  state  medical  care

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 facilities  finance  agency, or in the event that the corporation enters
 into an agreement for the financing or refinancing of any of the  afore-
 mentioned  facilities  with one or more voluntary agencies, it shall act
 on  its  own  behalf  and  not as agent. The appropriate commissioner or
 director of the department on behalf of the department shall approve any
 such lease, sublease, loan or other financing agreement and shall  be  a
 party  thereto.  All  such  leases,  subleases, loans or other financing
 agreements shall be approved prior to execution by no  less  than  three
 directors of the corporation.
   §  65.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that the provisions of sections one, two,  three,  four,  five,
 six, seven, eight, twelve, thirteen, fourteen, sixteen, seventeen, eigh-
 teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty-
 seven, twenty-eight, and twenty-eight-a of this act shall  expire  March
 31,  2019  when  upon such date the provisions of such sections shall be
 deemed repealed.
 
                                  PART HH
 
   Section 1. Paragraph (a) of subdivision 1 of  section  125.25  of  the
 penal  law, as amended by chapter 791 of the laws of 1967, is amended to
 read as follows:
   (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. FOR PURPOSES OF DETERMINING  WHETHER  THE
 DEFENDANT  ACTED  UNDER  THE INFLUENCE OF EXTREME EMOTIONAL DISTURBANCE,
 THE EXPLANATION OR EXCUSE FOR SUCH EXTREME EMOTIONAL DISTURBANCE IS  NOT
 REASONABLE  IF  IT  RESULTED  FROM THE DISCOVERY OF, KNOWLEDGE ABOUT, OR
 POTENTIAL DISCLOSURE OF THE VICTIM'S ACTUAL OR PERCEIVED GENDER,  GENDER
 IDENTITY,  GENDER  EXPRESSION,  OR  SEXUAL  ORIENTATION. NOTHING IN THIS
 PARAGRAPH SHALL PRECLUDE THE JURY FROM CONSIDERING ALL RELEVANT FACTS TO
 DETERMINE THE DEFENDANT'S ACTUAL BELIEF. Nothing contained in this para-
 graph shall constitute a defense to a prosecution  for,  or  preclude  a
 conviction of, manslaughter in the first degree or any other crime; or
   § 2. This act shall take effect immediately.

                                  PART II
 
   Section  1. The social services law is amended by adding a new section
 131-y to read as follows:
   § 131-Y. PLACEMENT OF SEX OFFENDERS. NOTWITHSTANDING ANY  INCONSISTENT
 PROVISION OF LAW, NEITHER THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE,  NOR  A SOCIAL SERVICES OFFICIAL ACTING ON HIS OR HER OWN OR AS AN
 AGENT PURSUANT TO THIS TITLE, SHALL PERMIT OR CAUSE THE PLACEMENT OF ANY
 SEX OFFENDER WHO HAS BEEN ASSIGNED A  LEVEL-TWO  OR  LEVEL-THREE  DESIG-
 NATION  PURSUANT  TO ARTICLE SIX-C OF THE CORRECTION LAW INTO ANY TEMPO-
 RARY EMERGENCY HOUSING OR HOMELESS SHELTERS USED TO HOUSE FAMILIES  WITH
 CHILDREN.
   §  2. Subdivision 14 of section 259-c of the executive law, as amended
 by section 38-b of subpart A of part C of chapter  62  of  the  laws  of
 2011, is amended to read as follows:
   14.  [notwithstanding]  NOTWITHSTANDING  any other provision of law to
 the contrary, where a person serving a sentence for an  offense  defined

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 in  article  one  hundred thirty, one hundred thirty-five or two hundred
 sixty-three of the penal law or section 255.25, 255.26 or 255.27 of  the
 penal  law  and the victim of such offense was under the age of eighteen
 at  the  time of such offense or such person has been designated a level
 three sex offender pursuant to subdivision six of  section  one  hundred
 sixty-eight-l  of  the  correction  law, is released on parole or condi-
 tionally released pursuant to subdivision one or two  of  this  section,
 the  board shall require, as a mandatory condition of such release, that
 such sentenced offender shall refrain from knowingly  entering  into  or
 upon any school grounds, as that term is defined in subdivision fourteen
 of section 220.00 of the penal law, or any other facility or institution
 primarily  used  for  the  care or treatment of persons under the age of
 eighteen while one or more of such persons under the age of eighteen are
 present[, provided however, that].  MOREOVER, WHERE A PERSON  SERVING  A
 SENTENCE  FOR  AN  OFFENSE  DEFINED  IN  ARTICLE ONE HUNDRED THIRTY, ONE
 HUNDRED THIRTY-FIVE OR TWO HUNDRED  SIXTY-THREE  OF  THE  PENAL  LAW  OR
 SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW AND THE VICTIM OF SUCH
 OFFENSE  WAS  UNDER  THE AGE OF THIRTEEN AT THE TIME OF SUCH OFFENSE, IS
 RELEASED ON PAROLE OR CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION ONE
 OR TWO OF THIS SECTION, THE BOARD SHALL FURTHER REQUIRE, AS A  MANDATORY
 CONDITION  OF  SUCH  RELEASE, THAT SUCH SENTENCED OFFENDER SHALL REFRAIN
 FROM KNOWINGLY ENTERING WITHIN ONE THOUSAND  FEET  OF  ANY  FACILITY  OR
 INSTITUTION   WHERE  PRE-KINDERGARTEN  OR  KINDERGARTEN  INSTRUCTION  IS
 PROVIDED. HOWEVER, when such sentenced offender is a registered  student
 or  participant or an employee of such facility or institution or entity
 contracting therewith or has a family member enrolled in  such  facility
 or  institution,  such sentenced offender may, with the written authori-
 zation of his or her parole officer  and  the  superintendent  or  chief
 administrator  of  such  facility,  institution  or  grounds, enter such
 facility, institution or upon such  grounds  for  the  limited  purposes
 authorized  by  the  parole officer and superintendent or chief officer.
 Nothing in this subdivision shall be construed as restricting any lawful
 condition of supervision that may be imposed on such sentenced offender.
   § 3. Paragraph (a) of subdivision 4-a of section 65.10  of  the  penal
 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 follows:
   (a)  When  imposing  a  sentence of probation or conditional discharge
 upon a person convicted of an offense defined  in  article  one  hundred
 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
 of  such  offense  was  under  the  age  of eighteen at the time of such
 offense or such person has been designated a level  three  sex  offender
 pursuant to subdivision six of section [168-l] ONE HUNDRED SIXTY-EIGHT-L
 of the correction law, the court shall require, as a mandatory condition
 of  such sentence, that such sentenced offender shall refrain from know-
 ingly entering into or upon any school grounds, as that term is  defined
 in  subdivision fourteen of section 220.00 of this chapter, or any other
 facility or institution primarily used for  the  care  or  treatment  of
 persons  under  the  age  of  eighteen while one or more of such persons
 under the age of eighteen are present[, provided however,  that].  MORE-
 OVER,  WHERE A PERSON SERVING A SENTENCE FOR AN OFFENSE DEFINED IN ARTI-
 CLE ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE OR  TWO  HUNDRED  SIXTY-
 THREE  OF  THIS  CHAPTER  OR  SECTION  255.25,  255.26 OR 255.27 OF THIS
 CHAPTER AND THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF THIRTEEN  AT
 THE  TIME  OF  SUCH  OFFENSE,  IS  RELEASED  ON  PAROLE OR CONDITIONALLY
 RELEASED PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION,  THE  STATE

 S. 7505--A                         149                        A. 9505--A
 
 BOARD  OF PAROLE SHALL FURTHER REQUIRE, AS A MANDATORY CONDITION OF SUCH
 RELEASE, THAT SUCH  SENTENCED  OFFENDER  SHALL  REFRAIN  FROM  KNOWINGLY
 ENTERING  WITHIN  ONE THOUSAND FEET OF ANY FACILITY OR INSTITUTION WHERE
 PRE-KINDERGARTEN  OR KINDERGARTEN INSTRUCTION IS PROVIDED. HOWEVER, when
 such sentenced offender is a registered student  or  participant  or  an
 employee of such facility or institution or entity contracting therewith
 or  has  a  family member enrolled in such facility or institution, such
 sentenced offender may, with the written authorization  of  his  or  her
 probation  officer or the court and the superintendent or chief adminis-
 trator of such facility, institution or grounds,  enter  such  facility,
 institution  or upon such grounds for the limited purposes authorized by
 the probation officer or the court and superintendent or chief  officer.
 Nothing in this subdivision shall be construed as restricting any lawful
 condition of supervision that may be imposed on such sentenced offender.
   §  4.  The  executive  law is amended by adding a new section 259-f to
 read as follows:
   § 259-F. QUARTERLY REPORTS OF SCHOOLS. 1. ON A  QUARTERLY  BASIS,  THE
 COMMISSIONER  OF  EDUCATION SHALL PROVIDE TO THE COMMISSIONER AN UPDATED
 LIST OF EVERY ELEMENTARY SCHOOL AND SECONDARY SCHOOL IN THE STATE AND OF
 EVERY OTHER FACILITY OR INSTITUTION WHERE PRE-KINDERGARTEN OR KINDERGAR-
 TEN INSTRUCTION IS PROVIDED.
   2. THE COMMISSIONER SHALL DISTRIBUTE THE INFORMATION RECEIVED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION TO THE BOARD AND TO THE  DIRECTOR  OF
 PROBATION AND CORRECTIONAL ALTERNATIVES.
   3. ON OR BEFORE FEBRUARY FIRST EACH YEAR, THE COMMISSIONER SHALL NOTI-
 FY  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER
 OF THE ASSEMBLY ON THE COMPLIANCE WITH THIS SECTION.
   § 5. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.
 
                                  PART JJ
 
   Section  1.  Paragraph  (i)  of subdivision 3 of section 130.05 of the
 penal law, as added by section 2 of part G of chapter 501 of the laws of
 2012, is amended and a new paragraph (j) is added to read as follows:
   (i) a resident  or  inpatient  of  a  residential  facility  operated,
 licensed  or  certified  by  (i)  the  office of mental health; (ii) the
 office for people with developmental disabilities; or (iii)  the  office
 of alcoholism and substance abuse services, and the actor is an employee
 of  the facility not married to such resident or inpatient. For purposes
 of this paragraph, "employee" means either: an employee  of  the  agency
 operating  the residential facility, who knows or reasonably should know
 that such person is a resident or inpatient of  such  facility  and  who
 provides  direct  care  services,  case  management services, medical or
 other clinical services, habilitative services or direct supervision  of
 the residents in the facility in which the resident resides; or an offi-
 cer  or other employee, consultant, contractor or volunteer of the resi-
 dential facility, who knows or reasonably should know that the person is
 a resident of such facility and who is in direct contact with  residents
 or  inpatients; provided, however, that the provisions of this paragraph
 shall only apply to a  consultant,  contractor  or  volunteer  providing
 services pursuant to a contractual arrangement with the agency operating
 the  residential  facility  or,  in  the  case of a volunteer, a written
 agreement with such facility, provided that the person received  written
 notice  concerning  the  provisions of this paragraph; provided further,

 S. 7505--A                         150                        A. 9505--A
 
 however, "employee" shall not include  a  person  with  a  developmental
 disability who is or was receiving services and is also an employee of a
 service provider and who has sexual contact with another service recipi-
 ent who is a consenting adult who has consented to such contact[.]; OR
   (J)  DETAINED  OR  OTHERWISE IN THE CUSTODY OF A POLICE OFFICER, PEACE
 OFFICER, OR OTHER LAW ENFORCEMENT OFFICIAL AND THE  ACTOR  IS  A  POLICE
 OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICIAL WHO EITHER: (I)
 IS  DETAINING  OR  MAINTAINING CUSTODY OF SUCH PERSON; OR (II) KNOWS, OR
 REASONABLY SHOULD KNOW, THAT AT THE TIME OF THE OFFENSE, SUCH PERSON WAS
 DETAINED OR IN CUSTODY.
   § 2. Subdivision 4 of section 130.10 of the penal law, as  amended  by
 chapter 205 of the laws of 2011, is amended to read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent  is  based solely on his or her incapacity to consent because he
 or she was less than seventeen years old, mentally disabled, a client or
 patient and the actor is a health care provider, DETAINED  OR  OTHERWISE
 IN CUSTODY OF LAW ENFORCEMENT UNDER THE CIRCUMSTANCES DESCRIBED IN PARA-
 GRAPH  (J)  OF  SUBDIVISION  THREE OF SECTION 130.05 OF THIS ARTICLE, or
 committed to the care and custody or supervision of the state department
 of corrections and community supervision or a hospital and the actor  is
 an employee, it shall be a defense that the defendant was married to the
 victim as defined in subdivision four of section 130.00 of this article.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART KK
 
   Section 1. Subdivision 4  of  section  7  of  the  correction  law  is
 REPEALED.
   §  2.  Subdivisions  1  and  6  of section 8 of the correction law, as
 amended by section 6 of subpart A of part C of chapter 62 of the laws of
 2011, are amended to read as follows:
   1. Any applicant for employment with the department  as  a  correction
 officer  [at  a facility of the department], INSTITUTION SAFETY OFFICER,
 PAROLE OFFICER, OR WARRANT AND  TRANSFER  OFFICER  shall  be  tested  in
 accordance with the requirements of this section.
   6.  Notwithstanding  any  other  provision  of law, the results of the
 tests administered pursuant to this section shall be used solely for the
 qualification of a candidate for correction officer, INSTITUTION  SAFETY
 OFFICER,  PAROLE  OFFICER, OR WARRANT AND TRANSFER OFFICER and the vali-
 dation  of  the  psychological  instruments  utilized.  For  all   other
 purposes,  the  results of the examination shall be confidential and the
 records sealed by the department of  corrections  and  community  super-
 vision,  and  not  be  available to any other agency or person except by
 authorization of the applicant or, upon written notice  by  order  of  a
 court of this state or the United States.
   §  3.  Subdivisions  2  and  3 of section 10 of the correction law are
 REPEALED and subdivision 4 is renumbered subdivision 2.
   § 4. Section 22-a of the correction law, as added by  chapter  134  of
 the laws of 1984, is amended to read as follows:
   § 22-a. Qualification for employment as a correction officer, INSTITU-
 TION  SAFETY  OFFICER,  PAROLE OFFICER, OR WARRANT AND TRANSFER OFFICER.
 1. THE COMMISSIONER SHALL NOT APPOINT ANY PERSON AS A  CORRECTION  OFFI-
 CER,  INSTITUTION SAFETY OFFICER, PAROLE OFFICER OR WARRANT AND TRANSFER
 OFFICER, UNLESS SUCH PERSON HAS ATTAINED HIS OR HER TWENTY-FIRST  BIRTH-
 DAY.

 S. 7505--A                         151                        A. 9505--A
 
   2. THE COMMISSIONER SHALL NOT APPOINT ANY PERSON AS A CORRECTION OFFI-
 CER OR WARRANT AND TRANSFER OFFICER, UNLESS SUCH PERSON IS A HIGH SCHOOL
 GRADUATE  OR  A HOLDER OF A HIGH SCHOOL EQUIVALENCY DIPLOMA ISSUED BY AN
 EDUCATION DEPARTMENT OF ANY OF THE STATES OF  THE  UNITED  STATES  OR  A
 HOLDER  OF A COMPARABLE DIPLOMA ISSUED BY ANY COMMONWEALTH, TERRITORY OR
 POSSESSION OF THE UNITED STATES OR BY THE CANAL ZONE OR A  HOLDER  OF  A
 REPORT  FROM  THE  UNITED  STATES  ARMED  FORCES  CERTIFYING  HIS OR HER
 SUCCESSFUL COMPLETION OF THE TESTS OF GENERAL  EDUCATIONAL  DEVELOPMENT,
 HIGH  SCHOOL  LEVEL.  IN ADDITION, THE DIPLOMA ISSUED TO THE HIGH SCHOOL
 GRADUATE MUST BE FROM AN ACCREDITED PUBLIC OR PRIVATE SCHOOL  RECOGNIZED
 BY THE EDUCATION DEPARTMENT. DIPLOMAS ISSUED THROUGH A HOME STUDY COURSE
 AND NOT BY AN APPROPRIATE EDUCATIONAL AUTHORITY WILL NOT BE ACCEPTED.
   3.  THE COMMISSIONER SHALL NOT APPOINT ANY PERSON AS A PAROLE OFFICER,
 UNLESS SUCH PERSON POSSESSES A BACCALAUREATE DEGREE CONFERRED BY A POST-
 SECONDARY INSTITUTION ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED  BY
 THE  UNITES  STATES  DEPARTMENT  OF  EDUCATION. PAROLE OFFICER SELECTION
 SHALL BE BASED ON DEFINITE QUALIFICATIONS AS TO CHARACTER,  ABILITY  AND
 TRAINING  WITH AN EMPHASIS ON CAPACITY AND ABILITY TO PROVIDE A BALANCED
 APPROACH TO INFLUENCING HUMAN BEHAVIOR  AND  TO  USE  JUDGEMENT  IN  THE
 ENFORCEMENT  OF  THE  RULES  AND  REGULATIONS  OF COMMUNITY SUPERVISION.
 PAROLE OFFICERS SHALL BE PERSONS LIKELY TO EXERCISE A STRONG AND HELPFUL
 INFLUENCE UPON PERSONS PLACED UNDER THEIR  SUPERVISION  WHILE  RETAINING
 THE GOAL OF PROTECTING SOCIETY.
   4.  THERE  ARE  NO SPECIFIC EDUCATION REQUIREMENTS FOR THE POSITION OF
 INSTITUTION SAFETY OFFICER.
   5. No person, on or after the effective date of this section,  may  be
 appointed  to the position of a correction officer [in any], institution
 SAFETY OFFICER, PAROLE OFFICER, OR WARRANT AND TRANSFER OFFICER  in  the
 department  who  has been convicted of a felony or of any offense in any
 other jurisdiction which if committed in this state would  constitute  a
 felony. The commissioner may in his discretion, bar the appointment of a
 person,  on or after the effective date of this section, to the position
 of correction officer [in any], institution SAFETY OFFICER, PAROLE OFFI-
 CER, OR WARRANT AND TRANSFER OFFICER, in the department,  who  has  been
 convicted  of  a misdemeanor or of any offense in any other jurisdiction
 which if committed in this state would constitute a misdemeanor where he
 has determined that the employment of such person is  not  in  the  best
 interest  of  the department, WHO IS NOT FIT PHYSICALLY, OR WHO, AFTER A
 THOROUGH INVESTIGATION, IS DETERMINED TO NOT BE OF GOOD MORAL CHARACTER.
 Notwithstanding the foregoing provisions  of  this  section,  no  person
 shall  be  disqualified  pursuant  to  this section unless he shall have
 first been furnished  a  written  statement  of  the  reasons  for  such
 disqualification and afforded an opportunity by the commissioner, or his
 designee, to make an explanation and to submit facts in opposition ther-
 eto.
   6.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE COMMISSIONER, IN
 HIS OR HER DISCRETION MAY TERMINATE THE EMPLOYMENT OF ANY  EMPLOYEE  WHO
 IS  CONVICTED  OF  A CRIME WHENEVER THE COMMISSIONER DETERMINES THAT THE
 CONTINUED EMPLOYMENT OF SUCH PERSON WOULD NOT BE IN THE BEST INTEREST OF
 THE DEPARTMENT. NOTWITHSTANDING THE  FOREGOING,  NO  EMPLOYEE  SHALL  BE
 TERMINATED  PURSUANT  TO  THIS SECTION UNLESS HE OR SHE SHALL FIRST HAVE
 BEEN FURNISHED WITH A WRITTEN STATEMENT OF THE REASONS FOR SUCH DETERMI-
 NATION AND AFFORDED AN OPPORTUNITY BY THE COMMISSIONER, OR  HIS  OR  HER
 DESIGNEE, TO MAKE AN EXPLANATION AND TO SUBMIT FACTS IN OPPOSITION THER-
 ETO.

 S. 7505--A                         152                        A. 9505--A
 
   §  5. The correction law is amended by adding a new section 12 to read
 as follows:
   §  12.  COMMISSIONER'S AUTHORITY TO DISCIPLINE CERTAIN SERIOUS MISCON-
 DUCT. 1. ACTS OF MISCONDUCT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
 WHEN AN EMPLOYEE IS ALLEGED TO HAVE COMMITTED AN ACT OF SERIOUS  MISCON-
 DUCT  CONSISTING  OF  ANY  OF  THE FOLLOWING: AN ACT OF EXCESSIVE USE OF
 FORCE; AN ACT OF FALSE REPORTING REGARDING ONE OR MORE ACTS OF EXCESSIVE
 USE OF FORCE; AN INTENTIONAL FAILURE TO REPORT AN EXCESSIVE USE OF FORCE
 ACT; THE USE OR POSSESSION OF A CONTROLLED  SUBSTANCE  OR  MARIHUANA  AS
 DEFINED IN ARTICLES TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE
 PENAL  LAW OR SYNTHETIC CANNABINOIDS AS DEFINED IN SECTION EIGHT HUNDRED
 TWELVE OF TITLE TWENTY-ONE OF THE UNITED STATES CODE;  THE  INTRODUCTION
 OF A CONTROLLED SUBSTANCE, MARIHUANA OR OTHER SIGNIFICANTLY INCAPACITAT-
 ING  SUBSTANCE  TO  A  DEPARTMENT  FACILITY;  OR AN INAPPROPRIATE SEXUAL
 RELATIONSHIP OR CONTACT WITH AN INMATE OR PAROLEE; THEN THE DISCIPLINARY
 PROCESS THAT MAY BE APPLIED TO SUCH EMPLOYEE SHALL NOT  BE  GOVERNED  BY
 ANY  COLLECTIVE  BARGAINING  AGREEMENT OR BY SECTION SEVENTY-FIVE OF THE
 CIVIL SERVICE LAW, BUT SHALL BE  GOVERNED  BY  THE  PROVISIONS  OF  THIS
 SECTION.
   2.  DISCIPLINARY  ACTION.  A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR
 (C) OF THIS SUBDIVISION SHALL NOT BE REMOVED OR OTHERWISE  SUBJECTED  TO
 ANY  DISCIPLINARY  PENALTY  PROVIDED  IN THIS SECTION EXCEPT FOR SERIOUS
 MISCONDUCT, AS SET FORTH IN SUBDIVISION ONE OF  THIS  SECTION,  AFTER  A
 HEARING UPON STATED CHARGES PURSUANT TO THIS SECTION.
   (A)  A  PERSON  HOLDING  A  POSITION  BY  PERMANENT APPOINTMENT IN THE
 COMPETITIVE CLASS OF THE CLASSIFIED CIVIL SERVICE; OR
   (B) A PERSON HOLDING A POSITION BY PERMANENT APPOINTMENT OR EMPLOYMENT
 IN THE CLASSIFIED SERVICE OF THE STATE, WHO WAS HONORABLY DISCHARGED  OR
 RELEASED  UNDER  HONORABLE  CIRCUMSTANCES  FROM  THE ARMED FORCES OF THE
 UNITED STATES HAVING SERVED THEREIN AS SUCH MEMBER IN  TIME  OF  WAR  AS
 DEFINED  IN  SECTION  EIGHTY-FIVE OF THE CIVIL SERVICE LAW, OR WHO IS AN
 EXEMPT VOLUNTEER FIREFIGHTER AS DEFINED IN THE   GENERAL MUNICIPAL  LAW,
 EXCEPT  WHEN A PERSON DESCRIBED IN THIS PARAGRAPH HOLDS  THE POSITION OF
 PRIVATE SECRETARY, CASHIER OR DEPUTY OF ANY OFFICIAL OR DEPARTMENT; OR
   (C) AN EMPLOYEE HOLDING A POSITION IN THE NON-COMPETITIVE CLASS  OTHER
 THAN  A  POSITION  DESIGNATED  IN  THE  RULES OF THE STATE CIVIL SERVICE
 COMMISSION AS CONFIDENTIAL OR REQUIRING  THE  PERFORMANCE  OF  FUNCTIONS
 INFLUENCING  POLICY,    WHO SINCE HIS OR HER LAST ENTRY INTO SERVICE HAS
 COMPLETED AT LEAST FIVE YEARS OF CONTINUOUS SERVICE IN THE  NON-COMPETI-
 TIVE  CLASS IN A POSITION OR POSITIONS NOT SO DESIGNATED IN THE RULES AS
 CONFIDENTIAL OR REQUIRING THE PERFORMANCE OF FUNCTIONS INFLUENCING POLI-
 CY.
   3. PROCEDURE. AN EMPLOYEE AS DESCRIBED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION WHO AT THE TIME OF QUESTIONING APPEARS TO BE A POTENTIAL SUBJECT
 OF  DISCIPLINARY  ACTION  FOR  AN ACT OF SERIOUS MISCONDUCT SHALL HAVE A
 RIGHT TO REPRESENTATION BY HIS OR HER CERTIFIED OR  RECOGNIZED  EMPLOYEE
 ORGANIZATION  UNDER  ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND SHALL
 BE NOTIFIED IN ADVANCE, IN WRITING, OF  SUCH  RIGHT.    AN  EMPLOYEE  AS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION WHO IS DESIGNATED MANAGERI-
 AL  OR  CONFIDENTIAL  UNDER  ARTICLE  FOURTEEN OF THE CIVIL SERVICE LAW,
 SHALL HAVE, AT THE TIME OF  QUESTIONING,  WHERE  IT  APPEARS  THAT  SUCH
 EMPLOYEE  IS  A  POTENTIAL  SUBJECT OF DISCIPLINARY ACTION FOR AN ACT OF
 SERIOUS MISCONDUCT, A RIGHT  TO REPRESENTATION AND SHALL BE NOTIFIED  IN
 ADVANCE,  IN  WRITING,  OF SUCH RIGHT. IF REPRESENTATION IS REQUESTED, A
 REASONABLE PERIOD OF TIME SHALL BE AFFORDED TO   OBTAIN  SUCH  REPRESEN-
 TATION.  IF  THE  EMPLOYEE  IS  UNABLE TO OBTAIN REPRESENTATION WITHIN A

 S. 7505--A                         153                        A. 9505--A
 
 REASONABLE PERIOD OF TIME, THEN THE DEPARTMENT MAY  PROCEED  WITH  QUES-
 TIONING  THE  EMPLOYEE.  A  HEARING OFFICER APPOINTED UNDER THIS SECTION
 SHALL DETERMINE IF A REASONABLE PERIOD OF TIME WAS OR WAS NOT  AFFORDED.
 IN  THE EVENT THE HEARING OFFICER FINDS THAT A REASONABLE PERIOD OF TIME
 WAS NOT AFFORDED THEN ANY AND ALL STATEMENTS OBTAINED  FROM  SAID  QUES-
 TIONING,  AS WELL AS ANY EVIDENCE OR INFORMATION OBTAINED AS A RESULT OF
 SAID QUESTIONING SHALL BE EXCLUDED. A PERSON  AGAINST  WHOM  REMOVAL  OR
 OTHER  DISCIPLINARY  ACTION IS PROPOSED SHALL BE PROVIDED WRITTEN NOTICE
 AND SHALL BE FURNISHED A COPY OF THE CHARGES PREFERRED  AGAINST  HIM  OR
 HER  AND  SHALL BE ALLOWED AT LEAST EIGHT DAYS FOR ANSWERING THE SAME IN
 WRITING. THE HEARING UPON SUCH CHARGES SHALL BE HELD BY A HEARING  OFFI-
 CER,  SELECTED  BY  THE COMMISSIONER OR HIS OR HER DESIGNEE. THE HEARING
 OFFICER SHALL BE VESTED WITH ALL THE  POWERS  OF  THE  COMMISSIONER  AND
 SHALL  MAKE A RECORD OF SUCH HEARING, WHICH SHALL, ALONG WITH HIS OR HER
 RECOMMENDATION, BE REFERRED TO THE COMMISSIONER  FOR  REVIEW  AND  FINAL
 DETERMINATION.  THE PERSON  HOLDING SUCH HEARING SHALL, UPON THE REQUEST
 OF THE EMPLOYEE AGAINST WHOM CHARGES  ARE PREFERRED, PERMIT HIM  OR  HER
 TO  BE REPRESENTED BY COUNSEL, OR BY A REPRESENTATIVE OF A RECOGNIZED OR
 CERTIFIED EMPLOYEE ORGANIZATION, AND SHALL ALLOW HIM OR  HER  TO  SUMMON
 WITNESSES ON HIS OR HER BEHALF. THE BURDEN OF PROVING SERIOUS MISCONDUCT
 SHALL  BE  UPON  THE  DEPARTMENT.  COMPLIANCE  WITH  TECHNICAL  RULES OF
 EVIDENCE SHALL NOT BE REQUIRED.
   4. SUSPENSION PENDING DETERMINATION OF CHARGES; PENALTIES. PENDING THE
 HEARING AND DETERMINATION OF CHARGES OF SERIOUS MISCONDUCT, THE EMPLOYEE
 AGAINST WHOM SUCH CHARGES HAVE BEEN PREFERRED MAY BE  SUSPENDED  WITHOUT
 PAY.  IF  THE  EMPLOYEE  IS FOUND GUILTY OF THE CHARGES, THE RECOMMENDED
 PENALTY OR PUNISHMENT MAY CONSIST OF ANY COMBINATION OF THE FOLLOWING:
   (A) A LETTER OF REPRIMAND;
   (B) REMOVAL FROM WORK LOCATION AND TRANSFER;
   (C) A FINE TO BE DEDUCTED FROM THE SALARY OR WAGES OF SUCH EMPLOYEE;
   (D) PROBATION FOR A SPECIFIED PERIOD, PROVIDED ANY  FURTHER  VIOLATION
 CAN LEAD TO TERMINATION;
   (E) SUSPENSION WITHOUT PAY;
   (F) DEMOTION IN GRADE AND TITLE; OR
   (G) DISMISSAL FROM THE SERVICE AND LOSS OF ACCUMULATED LEAVE CREDITS.
   PROVIDED,  HOWEVER,  THAT THE TIME DURING THE PENDENCY OF THE HEARING,
 IN WHICH AN  EMPLOYEE IS SUSPENDED WITHOUT PAY,  MAY  BE  CONSIDERED  AS
 PART OF THE  PENALTY.
   THE FINAL DETERMINATION OF THE COMMISSIONER ON THE RECOMMENDATION FROM
 THE HEARING OFFICER SHALL BE MADE WITHIN TEN BUSINESS DAYS OF RECEIPT OF
 SUCH RECOMMENDATION.  IF THE EMPLOYEE IS ACQUITTED OF ALL CHARGES, HE OR
 SHE SHALL BE RESTORED TO HIS OR HER POSITION WITH FULL PAY FOR THE PERI-
 OD  OF SUSPENSION LESS THE AMOUNT OF ANY UNEMPLOYMENT INSURANCE BENEFITS
 THAT MAY HAVE BEEN RECEIVED.
   IF SUCH EMPLOYEE IS FOUND GUILTY OF ONE OR MORE OF THE CHARGES, A COPY
 OF THE CHARGES, HIS OR HER WRITTEN ANSWER, A TRANSCRIPT OF THE  HEARING,
 AND  THE  FINAL  DETERMINATION OF THE COMMISSIONER SHALL BE FILED IN THE
 BUREAU OF LABOR RELATIONS AND THE EMPLOYEE'S PERSONNEL FILE. A  COPY  OF
 THE  TRANSCRIPT  OF  THE  HEARING  SHALL,  UPON  REQUEST OF THE AFFECTED
 EMPLOYEE, BE FURNISHED TO HIM OR HER WITHOUT CHARGE.
   5. APPEAL. WHEN AN EMPLOYEE BELIEVES HE  OR  SHE  IS  AGGRIEVED  BY  A
 PENALTY  OF  FINE,  PROBATION,  SUSPENSION,  DEMOTION  OR DISMISSAL FROM
 SERVICE IMPOSED PURSUANT TO THIS SECTION, HE OR SHE MAY MAKE AN APPLICA-
 TION TO THE APPROPRIATE COURT IN ACCORDANCE WITH THE PROVISION OF  ARTI-
 CLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.

 S. 7505--A                         154                        A. 9505--A
 
   § 6. Paragraph (h) of subdivision 4 of section 50 of the civil service
 law,  as  added by chapter 790 of the laws of 1958, is amended and a new
 paragraph (i) is added to read as follows:
   (h) who has been dismissed from private employments because of habitu-
 ally poor performance[.]; OR
   (I)  WHO  HAS BEEN DISCIPLINED FOR AN ACT OF SERIOUS MISCONDUCT AS SET
 FORTH IN SUBDIVISION ONE OF SECTION TWELVE OF THE CORRECTION LAW.
   § 7. Subdivision 1 of section 61 of the civil service law, as added by
 chapter 790 of the laws of 1958, is amended to read as follows:
   1. Appointment  or  promotion  from  eligible  lists.  Appointment  or
 promotion  from  an eligible list to a position in the competitive class
 shall be made by the selection of one of the three persons certified  by
 the  appropriate  civil  service  commission as standing highest on such
 eligible list who are willing to accept such appointment  or  promotion;
 provided, however, that the state or a municipal commission may provide,
 by rule, that where it is necessary to break ties among eligibles having
 the  same  final examination ratings in order to determine their respec-
 tive standings on the eligible list, appointment  or  promotion  may  be
 made  by the selection of any eligible whose final examination rating is
 equal to or higher than the final examination rating of the third  high-
 est  standing  eligible willing to accept such appointment or promotion;
 PROVIDED, FURTHER, THAT AN INDIVIDUAL'S NAME SHALL BE SUSPENDED FROM THE
 ELIGIBLE LIST PENDING THE OUTCOME OF THE REVIEW OF THE APPLICANT'S QUAL-
 IFICATIONS PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  FIFTY  OF  THIS
 ARTICLE.    Appointments  and promotions shall be made from the eligible
 list most nearly appropriate for the position to be filled.
   § 8. Subdivision 1 of section 112 of the correction law, as amended by
 section 19 of subpart A of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
   1.  The  commissioner [of corrections and community supervision] shall
 have the superintendence, management and  control  of  the  correctional
 facilities in the department and of the inmates confined therein, and of
 all  matters relating to the government, discipline, policing, contracts
 and fiscal concerns thereof. He or she shall have the power and it shall
 be his or her duty to inquire  into  all  matters  connected  with  said
 correctional  facilities.  He  or  she  shall  make such rules and regu-
 lations, not in conflict with  the  statutes  of  this  state,  for  the
 government  of  the  officers  and  other  employees  of  the department
 assigned to said facilities, and in regard to the duties to be performed
 by them, and for the government  and  discipline  of  each  correctional
 facility,  as  he or she may deem proper, and shall cause such rules and
 regulations to be recorded by the superintendent of the facility, and  a
 copy  thereof to be furnished to each employee assigned to the facility.
 WITH DUE CONSIDERATION FOR OVERALL SAFETY AND SECURITY, HE OR SHE  SHALL
 ALSO  HAVE  THE  POWER TO PLACE REASONABLE LIMITS OR RESTRICTIONS ON THE
 SIZE OF ANY CONTAINER OR BAG AN  EMPLOYEE  MAY  WISH  TO  BRING  INTO  A
 CORRECTIONAL FACILITY OR COMMUNITY SUPERVISION OFFICE WHEN REPORTING FOR
 DUTY,  INCLUDING BUT NOT LIMITED TO REASONABLE LIMITS OR RESTRICTIONS ON
 THE SIZE OR TYPE OF LUNCH CONTAINER OR BAG, AS WELL AS REASONABLE LIMITS
 OR RESTRICTIONS ON ITEMS THAT CAN POSE A THREAT OR BE USED AS A  WEAPON.
 He  or  she  shall also prescribe a system of accounts and records to be
 kept at each correctional facility, which system shall be uniform at all
 of said facilities, and he or she shall also make rules and  regulations
 for  a  record of photographs and other means of identifying each inmate
 received into said facilities. He  or  she  shall  appoint  and  remove,
 subject  to  the  civil  service law and rules, subordinate officers and

 S. 7505--A                         155                        A. 9505--A
 
 other employees of the  department  who  are  assigned  to  correctional
 facilities.
   §  9.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that the  amendments  to  subdivi-
 sions  1 and 6 of section 8 of the correction law made by section two of
 this act shall not affect the expiration of such section  and  shall  be
 deemed  to  expire  therewith; provided, further, that sections four and
 five of this act shall take effect upon the expiration  of  the  current
 collective  bargaining  agreement that governs impacted employees of the
 department of corrections and community supervision, provided  that  the
 commissioner  of  corrections and community supervision shall notify the
 legislative bill drafting commission upon the expiration of the  current
 collective  bargaining  agreement that governs impacted employees of the
 department of corrections and community supervision in  order  that  the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section  70-b  of  the  public  officers  law.    Provided further, that
 notwithstanding any other provision of law to the contrary,  once  these
 provisions  take  effect  they cannot be abrogated, amended, enhanced or
 modified in any way by future collective bargain.
 
                                  PART LL
 
   Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   AN  AUTHORIZED  AGENCY  AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,  OR  A  LOCAL  PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   § 2. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   AN  AUTHORIZED  AGENCY  AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,  OR  A  LOCAL  PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   § 3. Subdivision 2 of section 1680 of the public  authorities  law  is
 amended by adding a new paragraph k to read as follows:
   K.  (1)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING PROVISIONS SHALL
 APPLY TO THE POWERS IN CONNECTION WITH THE PROVISION OF DETENTION FACIL-
 ITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.

 S. 7505--A                         156                        A. 9505--A
 
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY ENTITY  AS  LISTED
 ABOVE  SHALL HAVE FULL POWER AND AUTHORITY TO ENTER INTO SUCH AGREEMENTS
 WITH  THE  DORMITORY  AUTHORITY  AS  ARE  NECESSARY  TO  FINANCE  AND/OR
 CONSTRUCT DETENTION OR RESIDENTIAL FACILITIES DESCRIBED ABOVE, INCLUDING
 WITHOUT  LIMITATION,  THE PROVISION OF FEES AND AMOUNTS NECESSARY TO PAY
 DEBT SERVICE ON ANY OBLIGATIONS ISSUED BY THE  DORMITORY  AUTHORITY  FOR
 SAME,  AND  TO ASSIGN AND PLEDGE TO THE DORMITORY AUTHORITY, ANY AND ALL
 PUBLIC FUNDS TO BE APPORTIONED OR OTHERWISE MADE PAYABLE BY  THE  UNITED
 STATES,  ANY  AGENCY THEREOF, THE STATE, ANY AGENCY THEREOF, A POLITICAL
 SUBDIVISION, AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL  MUNICIPAL
 LAW, ANY SOCIAL SERVICES DISTRICT IN THE STATE OR ANY OTHER GOVERNMENTAL
 ENTITY  IN AN AMOUNT SUFFICIENT TO MAKE ALL PAYMENTS REQUIRED TO BE MADE
 BY ANY SUCH ENTITY AS LISTED ABOVE PURSUANT TO ANY  LEASE,  SUBLEASE  OR
 OTHER AGREEMENT ENTERED INTO BETWEEN ANY SUCH ENTITY AS LISTED ABOVE AND
 THE DORMITORY AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHOR-
 IZED  AND  REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE
 DORMITORY AUTHORITY OR, UPON THE DIRECTION OF THE  DORMITORY  AUTHORITY,
 TO  ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUED, PURSUANT
 TO A CERTIFICATE FILED WITH ANY SUCH  STATE  OR  LOCAL  OFFICER  BY  THE
 DORMITORY AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through LL 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
 ________________________________________________________________________
 
                                  9505--B
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 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 -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee

 AN ACT to amend the criminal procedure law, in relation to  time  limits
   for  a speedy trial (Part A); intentionally omitted (Part B); to amend
   the criminal procedure law, in relation to the  issuance  of  securing
   orders and in relation to making conforming changes (Part C); to amend
   the  criminal  procedure  law and the penal law, in relation to estab-
   lishing new criminal discovery rules; and to repeal article 240 of the
   criminal procedure law relating thereto (Part D); to amend  the  civil
   practice  law and rules, the county law and the general municipal law,
   in relation to restricting forfeiture  actions  and  creating  greater
   accountability  for seized assets; and to amend the criminal procedure
   law and the penal law, in relation to  reporting  certain  demographic
   data  (Part  E);  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 F); to amend the correction law, in
   relation  to  eliminating  reimbursements  to  counties  for  personal
   service  expenses related to the transportation of state ready inmates
   (Part G); to amend the correction law,  in  relation  to  programmatic
   accomplishments  for merit and limited credit time (Part H); to repeal
   subdivision 9 of section 201 of the correction  law,  in  relation  to
   supervision  fees  (Part  I); to authorize two pilot temporary release
   programs for certain inmates whose offenses and  disciplinary  records
   would  render them eligible to receive a limited credit time allowance
   (Part J); to amend the banking law, in relation to licensing consider-
   ations for check cashers (Subpart A); intentionally  omitted  (Subpart
   B);  to  amend  the  executive law, in relation to licensing consider-
   ations for bingo suppliers (Subpart C); to amend the executive law, in
   relation to licensing considerations for notary publics  (Subpart  D);
   to amend the general municipal law, in relation to licensing consider-
   ations  for  suppliers  of games of chance, for games of chance licen-
   sees, for bingo licensees, and for lessors of premises to bingo licen-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12670-03-8

 A. 9505--B                          2
 
   sees (Subpart E); to amend the insurance law, in relation to licensing
   considerations for insurer adjusters and for employment with insurance
   adjusters; and to repeal certain provisions of such law relating ther-
   eto  (Subpart  F);  to  amend  the  real  property law, in relation to
   licensing considerations for real estate brokers or real estate sales-
   men (Subpart G); to amend the social  services  law,  in  relation  to
   participation as employer in subsidized employer programs (Subpart H);
   and  to  amend the vehicle and traffic law, in relation to eligibility
   for employment by a driver's school (Subpart I)(Part K); to amend  the
   executive  law, in relation to allowing for geriatric parole (Part L);
   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  M);  intentionally  omitted  (Part  N);
   intentionally  omitted  (Part O); to amend the criminal procedure law,
   in relation to the statute of limitations in criminal prosecution of a
   sexual offense committed against a child; to amend the civil  practice
   law  and  rules,  in  relation to the statute of limitations for civil
   actions related to a sexual offense committed against a child,  reviv-
   ing  such  actions otherwise barred by the existing statute of limita-
   tions and granting trial preference to  such  actions;  to  amend  the
   general  municipal  law,  in  relation to providing that the notice of
   claim provisions shall not apply to such actions; to amend  the  court
   of  claims  act, in relation to providing that the notice of intention
   to file provisions shall not apply  to  such  actions;  to  amend  the
   education  law,  in  relation  to  providing  that the notice of claim
   provisions shall not apply to such actions; and to amend the judiciary
   law, in relation to judicial training  relating  to  sexual  abuse  of
   minors  and  rules  reviving civil actions relating to sexual offenses
   committed against children (Part P); intentionally omitted  (Part  Q);
   intentionally  omitted  (Part  R);  intentionally omitted (Part S); to
   amend chapter 303 of the laws of 1988 relating to the extension of the
   state commission on the restoration of the  capitol,  in  relation  to
   extending  such  provisions  for  an  additional  five years (Part T);
   intentionally omitted (Part U); intentionally omitted (Part V); inten-
   tionally omitted (Part W); to amend the retirement and social security
   law and the state finance law, in relation to enacting  the  New  York
   state  secure choice savings program act (Part X); intentionally omit-
   ted (Part Y); intentionally omitted (Part  Z);  intentionally  omitted
   (Part  AA);  intentionally  omitted  (Part  BB); intentionally omitted
   (Part CC); to amend the uniform justice court act, in relation to  the
   election  of  one or more town justices for two or more adjacent towns
   (Subpart A); intentionally omitted (Subpart B) (Part DD); to amend the
   general municipal law, in  relation  to  county-wide  shared  services
   panels;  and  providing for the repeal of such provisions upon expira-
   tion thereof (Part EE);  to  amend  the  public  authorities  law,  in
   relation  to  the town of Islip resource recovery agency (Part FF); to
   provide for the administration of certain funds and  accounts  related
   to  the 2018-19 budget and authorizing certain payments and transfers;
   to amend the state finance law, in  relation  to  the  debt  reduction
   reserve fund and to payments, transfers and deposits; to amend the New
   York  state  urban development corporation act, in relation to funding
   project costs undertaken by non-public schools; 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 facil-
   ities  improvement  fund  and  the youth facility improvement fund, in

 A. 9505--B                          3
 
   relation to the issuance  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 by 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 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 environ-
   mental infrastructure projects; 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  increas-
   ing  the  aggregate amount of bonds to be issued by the New York state
   urban development corporation; to amend the public authorities law, in
   relation to financing  of  peace  bridge  and  transportation  capital
   projects; to amend the public authorities law, in relation to dormito-
   ries  at  certain  educational  institutions other than state operated
   institutions 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 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
   increasing the bonding limit for certain public protection facilities;
   to amend chapter 59 of the laws of 2017 relating to providing for  the
   administration  of  certain  funds and accounts related to the 2017-18
   budget and authorizing certain payments and transfers, in relation  to
   the  effectiveness  thereof;  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 increas-
   ing the amount of authorized matching capital  grants;  to  amend  the
   public  authorities law, in relation to increasing the amount of bonds
   authorized to be issued; to amend the  facilities  development  corpo-
   ration  act,  in  relation  to  authorizing  the  issuance of bonds in
   relation to grants made to voluntary agencies; and providing  for  the
   repeal of certain provisions upon expiration thereof (Part GG); inten-
   tionally  omitted (Part HH); intentionally omitted (Part II); to amend
   the penal law, in relation to establishing incapacity to consent  when
   a  person is under arrest, in detention or otherwise in actual custody
   (Part JJ); intentionally  omitted  (Part  KK);  to  amend  the  public
   authorities law, in relation to authorizing the dormitory authority to
   construct and finance certain juvenile detention facilities (Part LL);
   to  amend  the  public  service law, in relation to creating the state
   office of the utility consumer advocate (Part MM); to amend the public
   service law, in relation to utility intervenor reimbursement;  and  to
   amend  the  state finance law, in relation to establishing the utility
   intervenor account (Part NN); to amend the county law, in relation  to
   plans  for  representation  of  persons  accused of a crime or certain
   parties in family court or surrogate's court (Part OO); to  amend  the
   state finance law, in relation to the cost effectiveness of consultant
   contracts by state agencies (Part PP); to amend the criminal procedure
   law  and  the  judiciary  law,  in  relation to functions of the chief
   administrator of the courts;  and  to  amend  the  executive  law,  in

 A. 9505--B                          4
 
   relation  to  reporting  requirements (Part QQ); to amend the criminal
   procedure law, in relation  to  allowing  a  court  to  waive  certain
   surcharges and fees; and to repeal certain provisions of the penal law
   relating  thereto(Part RR); to amend the executive law, in relation to
   requiring employers to make a conditional offer of  employment  before
   inquiring  about  any  criminal  convictions of a prospective employee
   (Part SS); to amend the correction law, in relation to restricting the
   use of segregated confinement and creating alternative therapeutic and
   rehabilitative confinement options (Part TT); to amend the  penal  law
   and  the  criminal  procedure  law, in relation to sealing records for
   certain proceedings (Part UU); to amend the criminal procedure law, in
   relation to a judicial diversion program for certain felony  offenders
   (Part VV); to amend the executive law, in relation to ethnic or racial
   profiling  (Part WW); to amend the criminal procedure law, in relation
   to grand jury proceedings (Part XX); to amend the  executive  law  and
   the  criminal procedure law, in relation to establishing the office of
   special investigation (Part YY); to amend the state  finance  law,  in
   relation  to  amending  the  definition  of  prior year aid to include
   certain assistance received by a  village  (Part  ZZ);  to  amend  the
   legislative  law,  in relation to extending the expiration of payments
   to members of the assembly serving in a special capacity; and to amend
   chapter 141 of the laws of 1994, amending the legislative law and  the
   state  finance law relating to the operation and administration of the
   legislature, in relation to extending such provisions (Part  AAA);  to
   amend  the  civil practice law and rules and the state finance law, in
   relation to the disposal of property  upon  a  judgment  or  order  of
   forfeiture  (Part  BBB);  to  amend  the insurance law, in relation to
   charitable bail organizations (Part CCC); to amend the correction  law
   and  the  penal  law,  in  relation to merit time allowance credits in
   local correctional facilities (Part DDD); to amend the mental  hygiene
   law,  the  public  health  law  and  the executive law, in relation to
   establishing a training program  for  first  responders  for  handling
   emergency situations involving individuals with autism spectrum disor-
   der  and  other  developmental  disabilities  (Part EEE); to amend the
   insurance law, the social services law,  the  education  law  and  the
   public  health law, in relation to requiring health insurance policies
   to include coverage of all FDA-approved contraceptive drugs,  devices,
   and  products,  as well as voluntary sterilization procedures, contra-
   ceptive education and counseling, and related follow up  services  and
   prohibiting  a  health insurance policy from imposing any cost-sharing
   requirements or other restrictions or  delays  with  respect  to  this
   coverage  (Subpart  A); to amend the public health law, in relation to
   enacting the reproductive health act and revising existing  provisions
   of law regarding abortion; to amend the penal law, the criminal proce-
   dure  law,  the  county  law  and  the  judiciary  law, in relation to
   abortion; to repeal certain provisions of the public health law relat-
   ing to abortion; to repeal certain provisions  of  the  education  law
   relating  to  the  sale  of  contraceptives;  and  to  repeal  certain
   provisions of the penal law relating to abortion (Subpart B); to amend
   the public health law, in relation to establishing a maternal  mortal-
   ity  review board (Subpart C); to amend the education law, in relation
   to appointees to the state board for medicine (Subpart  D);  to  amend
   the  penal  law  and  the  criminal  procedure law, in relation to the
   possession of weapons by domestic violence offenders;  and  to  repeal
   section  530.14 of the criminal procedure law and section 842-a of the
   family court act relating thereto (Subpart E); to amend the penal law,

 A. 9505--B                          5
 
   the criminal procedure law and the family court act,  in  relation  to
   the  crime  of coercion in the second and third degree (Subpart F); to
   amend the public health law, in relation  to  extending  the  time  of
   storage of forensic rape kits by hospitals; to amend the public health
   law,  the  executive  law and the insurance law, in relation to sexual
   assault forensic exams; and repealing certain provisions of  such  law
   relating  thereto (Subpart G); to amend the executive law, in relation
   to expanding the scope of unlawful discriminatory practices to include
   public educational institutions (Subpart H); to  amend  the  executive
   law,  the tax law, and the state finance law, in relation to discrimi-
   nation and sexual harassment; to amend  the  civil  practice  law  and
   rules,  in  relation to arbitration agreements; to amend the executive
   law, in relation to prohibiting the  state  and  local  agencies  from
   entering  into  contracts with companies requiring employees to stipu-
   late to binding arbitration for all disputes; to amend the labor  law,
   in relation to employment contract provisions waiving certain substan-
   tive  and  procedural  rights;  to  amend  the public officers law, in
   relation to requiring reimbursement of funds paid  by  state  agencies
   and entities and public entities for the payment of awards adjudicated
   in  discrimination  claims; to amend the civil practice law and rules,
   in relation to confidentiality provisions in settlement  of  discrimi-
   nation  actions; and to amend the general obligations law, in relation
   to confidentiality provisions related to discrimination; to amend  the
   executive  law,  in  relation  to  creating a model policy prohibiting
   discrimination; to amend the state finance law, in relation to requir-
   ing a statement on discrimination,  including  sexual  harassment,  in
   bids  to  the  state; to amend the tax law, in relation to requiring a
   statement on discrimination, including sexual harassment, in  applica-
   tions  for  state  credits; to amend the executive law, in relation to
   requiring the division of human rights to promulgate an anti-discrimi-
   nation pamphlet; to amend the executive law, in relation  to  creating
   training  materials  prohibiting  discrimination  in the workplace; to
   amend the executive law, in relation to unlawful discriminatory  prac-
   tices  relating  to  persons  who  perform  work  for an employer as a
   contractor, independent contractor, subcontractor, volunteer,  or  any
   other  type  of employment opportunity; to amend the executive law, in
   relation to requiring the attorney-general to prosecute or defend upon
   request of the commissioner of labor or the state  division  of  human
   rights  discrimination  by reason of sex, sexual orientation, military
   status, disability,  predisposing  genetic  characteristics,  familial
   status,  marital  status,  or  domestic violence victim status; and to
   amend  the  general  municipal  law,  in  relation  to  discrimination
   (Subpart  I);  relating  to the creation of computer science education
   standards (Subpart J); intentionally omitted (Subpart K); to amend the
   public health law, in relation to providing feminine hygiene  products
   in public and charter schools (Subpart L); to amend the executive law,
   in  relation  to  standards requiring assembly group A occupancies and
   mercantile group M occupancies to have diaper changing stations avail-
   able for use by both male and female occupants  (Subpart  M);  and  to
   amend the insurance law, in relation to insurance coverage of in vitro
   fertilization  and other fertility preservation treatments (Subpart N)
   (Part FFF); to amend the election  law,  in  relation  to  authorizing
   computer  generated  registration  lists;  in  relation to the list of
   supplies to be delivered to  poll  sites  (Part  GGG);  to  amend  the
   election  law,  in relation to political contributions (Part HHH); and
   to amend the election law, in relation to early voting (Part III)

 A. 9505--B                          6
 
   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 2018-2019
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified  as  Parts A through III. The effective date for each partic-
 ular provision contained within such Part  is  set  forth  in  the  last
 section  of  such Part.  Any provision in any section contained within a
 Part, including the effective date of the Part, which makes a  reference
 to a section "of this act", when used in connection with that particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A

   Section 1. This act shall be known and may be cited as "Kalief's law".
   § 2. Section 30.30 of the criminal procedure law, as added by  chapter
 184  of  the  laws of 1972, paragraph (a) of subdivision 3 as amended by
 chapter 93 of the laws of  2006,  paragraph  (a)  of  subdivision  4  as
 amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision
 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi-
 vision  4  as added by chapter 837 of the laws of 1986, paragraph (i) of
 subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j)
 of subdivision 4 as added by chapter 222 of the laws of 1994,  paragraph
 (b)  of  subdivision  5  as  amended by chapter 109 of the laws of 1982,
 paragraphs (e) and (f) of subdivision 5 as added by chapter 209  of  the
 laws of 1990, is amended to read as follows:
 § 30.30 Speedy trial; time limitations.
   1.  Except as otherwise provided in subdivision [three] FOUR, a motion
 made pursuant to paragraph (e) of subdivision one of section  170.30  or
 paragraph (g) of subdivision one of section 210.20 must be granted where
 the people are not ready for trial within:
   (a)  six  months  of  the  commencement of a criminal action wherein a
 defendant is accused of one or more offenses, at least one of which is a
 felony;
   (b) ninety days of the commencement of a  criminal  action  wherein  a
 defendant is accused of one or more offenses, at least one of which is a
 misdemeanor  punishable by a sentence of imprisonment of more than three
 months and none of which is a felony;
   (c) sixty days of the commencement of a criminal  action  wherein  the
 defendant is accused of one or more offenses, at least one of which is a
 misdemeanor  punishable  by  a sentence of imprisonment of not more than
 three months and none of which is a crime punishable by  a  sentence  of
 imprisonment of more than three months;
   (d)  thirty  days of the commencement of a criminal action wherein the
 defendant is accused of one or more offenses, at least one of which is a
 violation and none of which is a crime.
   2. Except as provided in subdivision [three] FOUR, where  a  defendant
 has been committed to the custody of the sheriff in a criminal action he
 must  be  released  on bail or on his own recognizance, upon such condi-
 tions as may be just and reasonable, if the people  are  not  ready  for
 trial in that criminal action within:

 A. 9505--B                          7

   (a) ninety days from the commencement of his commitment to the custody
 of  the sheriff in a criminal action wherein the defendant is accused of
 one or more offenses, at least one of which is a felony;
   (b) thirty days from the commencement of his commitment to the custody
 of  the sheriff in a criminal action wherein the defendant is accused of
 one or more offenses, at least one of which is a misdemeanor  punishable
 by  a  sentence  of  imprisonment  of more than three months and none of
 which is a felony;
   (c) fifteen days from the commencement of his commitment to the custo-
 dy of the sheriff in a criminal action wherein the defendant is  accused
 of one or more offenses, at least one of which is a misdemeanor punisha-
 ble by a sentence of imprisonment of not more than three months and none
 of  which  is  a  crime punishable by a sentence of imprisonment of more
 than three months;
   (d) five days from the commencement of his commitment to  the  custody
 of  the sheriff in a criminal action wherein the defendant is accused of
 one or more offenses, at least one of which is a violation and  none  of
 which is a crime.
   3.  WHENEVER PURSUANT TO THIS SECTION A PROSECUTOR STATES OR OTHERWISE
 PROVIDES NOTICE THAT THE PEOPLE ARE READY FOR TRIAL, THE COURT MAY  MAKE
 INQUIRY ON THE RECORD AS TO THEIR ACTUAL READINESS. IF, AFTER CONDUCTING
 ITS  INQUIRY,  THE  COURT  DETERMINES  THAT  THE PEOPLE ARE NOT READY TO
 PROCEED TO TRIAL, THE PROSECUTOR'S  STATEMENT  OR  NOTICE  OF  READINESS
 SHALL  NOT  BE VALID FOR PURPOSES OF THIS SECTION. FOLLOWING A DEMAND TO
 PRODUCE BY A DEFENDANT PURSUANT TO  SECTION  240.20,  ANY  STATEMENT  OF
 TRIAL  READINESS  MUST  BE ACCOMPANIED OR PRECEDED BY A CERTIFICATION OF
 GOOD FAITH  COMPLIANCE  WITH  THE  DISCLOSURE  REQUIREMENTS  OF  SECTION
 240.20.  THIS SUBDIVISION SHALL NOT APPLY TO CASES WHERE THE DEFENSE HAS
 WAIVED DISCLOSURE REQUIREMENTS.  THE DEFENSE SHALL BE AFFORDED AN OPPOR-
 TUNITY TO BE HEARD ON THE RECORD CONCERNING  ANY  SUCH  INQUIRY  BY  THE
 COURT,  AND  CONCERNING  WHETHER  SUCH DISCLOSURE REQUIREMENTS HAVE BEEN
 MET.
   3-A. UPON A MISDEMEANOR COMPLAINT, A STATEMENT OF READINESS SHALL  NOT
 BE  VALID  UNLESS  THE  PROSECUTING  ATTORNEY  CERTIFIES THAT ALL COUNTS
 CHARGED IN THE ACCUSATORY INSTRUMENT MEET THE REQUIREMENTS  OF  SECTIONS
 100.15  AND  100.40  AND  THOSE  COUNTS  NOT MEETING THE REQUIREMENTS OF
 SECTIONS 100.15 AND 100.40 HAVE BEEN DISMISSED.
   4. (a) Subdivisions one and two do not  apply  to  a  criminal  action
 wherein  the  defendant  is  accused  of  an offense defined in sections
 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
   (b) A motion made pursuant to subdivisions one or two upon  expiration
 of the specified period may be denied where the people are not ready for
 trial  if the people were ready for trial prior to the expiration of the
 specified period and their present unreadiness is  due  to  some  excep-
 tional  fact  or circumstance, including, but not limited to, the sudden
 unavailability of evidence material  to  the  people's  case,  when  the
 district  attorney  has  exercised due diligence to obtain such evidence
 and there are reasonable grounds to  believe  that  such  evidence  will
 become available in a reasonable period.
   (c) A motion made pursuant to subdivision two shall not:
   (i)  apply  to any defendant who is serving a term of imprisonment for
 another offense;
   (ii) require the release from custody of any  defendant  who  is  also
 being  held  in  custody  pending trial of another criminal charge as to
 which the applicable period has not yet elapsed;

 A. 9505--B                          8
 
   (iii) prevent the redetention of or otherwise apply to  any  defendant
 who,  after  being  released  from  custody  pursuant to this section or
 otherwise, is charged with another crime or violates the  conditions  on
 which  he has been released, by failing to appear at a judicial proceed-
 ing at which his presence is required or otherwise.
   [4.]  5.  In  computing the time within which the people must be ready
 for trial pursuant to subdivisions one and two,  the  following  periods
 must be excluded:
   (a)  a  reasonable  period  of  delay resulting from other proceedings
 concerning the defendant, including but not limited to: proceedings  for
 the determination of competency and the period during which defendant is
 incompetent  to  stand  trial;  demand to produce; request for a bill of
 particulars; pre-trial motions; appeals; trial of other charges; and the
 period during which such matters are under consideration by  the  court;
 or
   (b)  the  period  of delay resulting from a continuance granted by the
 court at the request of, or with the consent of, the defendant or his OR
 HER counsel. The court [must] MAY grant such a continuance only if it is
 satisfied that postponement is in the interest of justice,  taking  into
 account  the  public  interest  in  the  prompt dispositions of criminal
 charges. A  defendant  without  counsel  must  not  be  deemed  to  have
 consented  to  a  continuance unless he has been advised by the court of
 his OR HER rights under these rules and the effect of his consent, WHICH
 MUST BE DONE ON THE RECORD IN OPEN COURT; or
   (c) (i) the period of delay resulting from the absence or unavailabil-
 ity of the defendant. A defendant must be considered absent whenever his
 location is unknown and he is attempting to avoid apprehension or prose-
 cution, or his location cannot be determined by due diligence. A defend-
 ant must be considered unavailable whenever his location  is  known  but
 his presence for trial cannot be obtained by due diligence; or
   (ii) where the defendant has either escaped from custody or has failed
 to appear when required after having previously been released on bail or
 on his own recognizance, and provided the defendant is not in custody on
 another  matter,  the  period  extending from the day the court issues a
 bench warrant pursuant to section  530.70  because  of  the  defendant's
 failure  to  appear  in  court  when  required, to the day the defendant
 subsequently appears in the court pursuant to a bench warrant or  volun-
 tarily or otherwise; or
   (d)  a  reasonable  period  of  delay when the defendant is joined for
 trial with a co-defendant as to whom the time for trial pursuant to this
 section has not run and good cause is not shown for  granting  a  sever-
 ance; or
   (e)  the  period of delay resulting from detention of the defendant in
 another jurisdiction provided the district attorney  is  aware  of  such
 detention  and  has  been  diligent  and  has made reasonable efforts to
 obtain the presence of the defendant for trial; or
   (f) the period during which the defendant is without  counsel  through
 no  fault  of  the court; except when the defendant is proceeding as his
 own attorney with the permission of the court; or
   (g) other periods of delay occasioned  by  exceptional  circumstances,
 including  but  not  limited  to,  the  period of delay resulting from a
 continuance granted at the request of a district  attorney  if  (i)  the
 continuance is granted because of the unavailability of evidence materi-
 al  to  the  people's case, when the district attorney has exercised due
 diligence to obtain such evidence and there are  reasonable  grounds  to
 believe that such evidence will become available in a reasonable period;

 A. 9505--B                          9
 
 or  (ii) the continuance is granted to allow the district attorney addi-
 tional time to prepare the people's case and additional time  is  justi-
 fied  by  the exceptional circumstances of the case.  ANY SUCH EXCLUSION
 WHEN  A  STATEMENT  OF UNREADINESS HAS FOLLOWED A STATEMENT OF READINESS
 MADE BY THE PEOPLE MUST BE ACCOMPANIED BY SUPPORTING FACTS AND  APPROVED
 BY  THE COURT.   THE COURT SHALL INQUIRE ON THE RECORD AS TO THE REASONS
 FOR THE PEOPLE'S UNREADINESS; OR
   (h) the period during which an action has been  adjourned  in  contem-
 plation  of  dismissal pursuant to sections 170.55, 170.56 and 215.10 of
 this chapter[.]; OR
   (i) [The] THE period prior to the defendant's  actual  appearance  for
 arraignment  in  a situation in which the defendant has been directed to
 appear by the district attorney pursuant to subdivision three of section
 120.20 or subdivision three of section 210.10[.]; OR
   (j) the period during which a family offense is before a family  court
 until  such  time  as  an  accusatory  instrument or indictment is filed
 against the defendant alleging a crime constituting a family offense, as
 such term is defined in section 530.11 of this chapter.
   6. AT EACH COURT APPEARANCE DATE PRECEDING THE COMMENCEMENT  OF  TRIAL
 IN  A  CRIMINAL  ACTION, THE COURT, WHENEVER IT IS PRACTICABLE TO DO SO,
 SHALL RULE PRELIMINARILY ON WHETHER THE ADJOURNMENT  PERIOD  IMMEDIATELY
 FOLLOWING  SUCH  COURT APPEARANCE DATE IS TO BE INCLUDED OR EXCLUDED FOR
 THE PURPOSES OF COMPUTING THE TIME WITHIN WHICH THE PEOPLE MUST BE READY
 FOR TRIAL WITHIN THE MEANING OF THIS SECTION. THE COURT'S  RULING  SHALL
 BE NOTED IN THE COURT FILE.
   7.  IN  COMPUTING  THE  TIME WITHIN WHICH THE PEOPLE MUST BE READY FOR
 TRIAL, PURSUANT TO SUBDIVISION TWO OR PARAGRAPHS (B),  (C),  OR  (D)  OF
 SUBDIVISION   ONE  OF  THIS  SECTION,  NO  TIME  ATTRIBUTABLE  TO  COURT
 CONGESTION SHALL BE EXCLUDED.
   [5.] 8. For purposes of this section, (a) where the defendant is to be
 tried following the withdrawal of the plea of guilty or is to be retried
 following a mistrial, an order for a new trial or an appeal  or  collat-
 eral  attack,  the  criminal action and the commitment to the custody of
 the sheriff, if any, must be deemed to have commenced on  the  date  the
 withdrawal  of  the  plea  of guilty or the date the order occasioning a
 retrial becomes final;
   (b) where a defendant has been served with an appearance  ticket,  the
 criminal action must be deemed to have commenced on the date the defend-
 ant first appears in a local criminal court in response to the ticket;
   (c)  where  a  criminal  action is commenced by the filing of a felony
 complaint, and thereafter, in the course of  the  same  criminal  action
 either the felony complaint is replaced with or converted to an informa-
 tion,  prosecutor's  information  or  misdemeanor  complaint pursuant to
 article [180] ONE HUNDRED EIGHTY or a prosecutor's information is  filed
 pursuant  to  section  190.70, the period applicable for the purposes of
 subdivision one must be the period applicable to the charges in the  new
 accusatory  instrument,  calculated  from the date of the filing of such
 new accusatory instrument; provided, however, that when the aggregate of
 such period and the period of time, excluding the  periods  provided  in
 subdivision  [four] FIVE, already elapsed from the date of the filing of
 the felony complaint to the date of the filing  of  the  new  accusatory
 instrument  exceeds  six months, the period applicable to the charges in
 the felony complaint must remain applicable and continue as if  the  new
 accusatory instrument had not been filed;
   (d)  where  a  criminal  action is commenced by the filing of a felony
 complaint, and thereafter, in the course of  the  same  criminal  action

 A. 9505--B                         10
 
 either the felony complaint is replaced with or converted to an informa-
 tion,  prosecutor's  information  or  misdemeanor  complaint pursuant to
 article [180] ONE HUNDRED EIGHTY or a prosecutor's information is  filed
 pursuant  to  section  190.70, the period applicable for the purposes of
 subdivision two must be the period applicable to the charges in the  new
 accusatory  instrument,  calculated  from the date of the filing of such
 new accusatory instrument; provided, however, that when the aggregate of
 such period and the period of time, excluding the  periods  provided  in
 subdivision  [four] FIVE, already elapsed from the date of the filing of
 the felony complaint to the date of the filing  of  the  new  accusatory
 instrument  exceeds ninety days, the period applicable to the charges in
 the felony complaint must remain applicable and continue as if  the  new
 accusatory instrument had not been filed.
   (e)  where a count of an indictment is reduced to charge only a misde-
 meanor or petty offense and  a  reduced  indictment  or  a  prosecutor's
 information  is  filed pursuant to subdivisions one-a and six of section
 210.20, the period applicable for the purposes  of  subdivision  one  of
 this  section  must  be  the period applicable to the charges in the new
 accusatory instrument, calculated from the date of the  filing  of  such
 new accusatory instrument; provided, however, that when the aggregate of
 such  period  and  the period of time, excluding the periods provided in
 subdivision [four] FIVE of this section, already elapsed from  the  date
 of  the  filing  of  the indictment to the date of the filing of the new
 accusatory instrument exceeds six months, the period applicable  to  the
 charges  in the indictment must remain applicable and continue as if the
 new accusatory instrument had not been filed;
   (f) where a count of an indictment is reduced to charge only a  misde-
 meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
 information is filed pursuant to subdivisions one-a and six  of  section
 210.20,  the  period  applicable  for the purposes of subdivision two of
 this section must be the period applicable to the  charges  in  the  new
 accusatory  instrument,  calculated  from the date of the filing of such
 new accusatory instrument; provided, however, that when the aggregate of
 such period and the period of time, excluding the  periods  provided  in
 subdivision  [four]  FIVE of this section, already elapsed from the date
 of the filing of the indictment to the date of the  filing  of  the  new
 accusatory  instrument exceeds ninety days, the period applicable to the
 charges in the indictment must remain applicable and continue as if  the
 new accusatory instrument had not been filed.
   [6.]  9.  The  procedural rules prescribed in subdivisions one through
 seven of section 210.45 with respect to a motion to dismiss  an  indict-
 ment are also applicable to a motion made pursuant to subdivision two.
   § 3. Subdivision 6 of section 180.85 of the criminal procedure law, as
 added by chapter 518 of the laws of 2004, is amended to read as follows:
   6.  The  period  from  the filing of a motion pursuant to this section
 until entry of an order disposing of such motion shall not, by reason of
 such motion, be considered a period of delay for purposes of subdivision
 [four] FIVE of section 30.30, nor shall such period, by reason  of  such
 motion,  be  excluded in computing the time within which the people must
 be ready for trial pursuant to such section 30.30.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                  PART B
 
                           Intentionally Omitted

 A. 9505--B                         11
 
                                  PART C
 
   Section 1. Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of
 the  criminal  procedure  law  are  amended and a new subdivision 3-a is
 added to read as follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
 all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
 processes of the court.
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON, IT AUTHORIZES THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
 THE CRIMINAL ACTION OR PROCEEDING INVOLVED UNDER CONDITIONS  ORDERED  BY
 THE  COURT,  WHICH  SHALL  BE THE LEAST RESTRICTIVE CONDITIONS THAT WILL
 REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. SUCH  CONDITIONS  MAY
 INCLUDE,  AMONG  OTHER  CONDITIONS  REASONABLE  UNDER THE CIRCUMSTANCES:
 THAT THE PRINCIPAL BE IN CONTACT WITH A PRETRIAL SERVICES AGENCY SERVING
 PRINCIPALS IN THAT COUNTY; THAT THE PRINCIPAL ABIDE BY REASONABLE, SPEC-
 IFIED RESTRICTIONS ON TRAVEL THAT ARE REASONABLY RELATED  TO  AN  ACTUAL
 RISK  OF  INTENTIONAL  FLIGHT  FROM THE JURISDICTION; THAT THE PRINCIPAL
 REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS
 WEAPON; THAT, WHEN IT IS SHOWN PURSUANT TO SUBDIVISION FOUR  OF  SECTION
 510.45  OF  THIS TITLE THAT NO OTHER REALISTIC MONETARY CONDITION OR SET
 OF  NON-MONETARY  CONDITIONS  WILL  SUFFICE  TO  REASONABLY  ASSURE  THE
 PERSON'S  RETURN  TO  COURT, THE PERSON BE PLACED IN REASONABLE PRETRIAL
 SUPERVISION WITH A PRETRIAL SERVICES AGENCY SERVING PRINCIPALS  IN  THAT
 COUNTY;  THAT, WHEN IT IS SHOWN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
 FOUR OF SECTION 510.40 OF THIS TITLE THAT NO OTHER  REALISTIC  NON-MONE-
 TARY CONDITION OR SET OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT, THE PRINCIPAL'S LOCATION BE
 MONITORED  WITH  AN APPROVED ELECTRONIC MONITORING DEVICE, IN ACCORDANCE
 WITH SUCH SUBDIVISION FOUR OF SECTION 510.40 OF THIS TITLE.  A PRINCIPAL
 SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF  THE  COST  OF  RELEASE  ON
 NON-MONETARY CONDITIONS.
   4. "Commit to the custody of the sheriff." A court commits a principal
 to  the  custody of the sheriff when, having acquired control over [his]
 THE PRINCIPAL'S person, it orders that [he] THE PRINCIPAL be confined in
 the custody of the sheriff during the pendency of the criminal action or
 proceeding involved.
   5. "Securing order" means an order of a court committing  a  principal
 to  the  custody  of the sheriff[,] or fixing bail, WHERE AUTHORIZED, or
 releasing [him on his] THE PRINCIPAL ON THE PRINCIPAL'S own recognizance
 OR RELEASING THE PRINCIPAL UNDER NON-MONETARY CONDITIONS.

 A. 9505--B                         12
 
   6. "Order of recognizance or bail" means a securing order releasing  a
 principal  on  [his] THE PRINCIPAL'S own recognizance OR UNDER NON-MONE-
 TARY CONDITIONS or, WHERE AUTHORIZED, fixing bail.
   7.  "Application  for  recognizance or bail" means an application by a
 principal that the court, instead of committing [him] THE  PRINCIPAL  to
 or  retaining  [him] THE PRINCIPAL in the custody of the sheriff, either
 release [him on his own] THE PRINCIPAL ON THE PRINCIPAL'S  OWN  recogni-
 zance [or], RELEASE UNDER NON-MONETARY CONDITIONS, OR, WHERE AUTHORIZED,
 fix bail.
   8.  "Post  bail" means to deposit bail in the amount and form fixed by
 the court, with the court or with some other authorized  public  servant
 or agency.
   9. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH A CRED-
 IT CARD.
   § 2. Section 510.10 of the criminal procedure law, as amended by chap-
 ter 459 of the laws of 1984, is amended to read as follows:
 § 510.10 Securing order; when required; ALTERNATIVES AVAILABLE; STANDARD
            TO BE APPLIED.
   1.  When  a  principal,  whose  future  court attendance at a criminal
 action or proceeding is or may be required, [initially] comes under  the
 control  of  a  court,  such court [must] SHALL, IN ACCORDANCE WITH THIS
 TITLE, by a securing order[, either]  release  [him]  THE  PRINCIPAL  on
 [his]  THE  PRINCIPAL'S  own  recognizance,  RELEASE THE PRINCIPAL UNDER
 NON-MONETARY CONDITIONS, OR, WHERE AUTHORIZED, fix bail or commit  [him]
 THE  PRINCIPAL to the custody of the sheriff.  IN ALL SUCH CASES, EXCEPT
 WHERE ANOTHER TYPE OF SECURING ORDER IS SHOWN TO BE REQUIRED BY LAW, THE
 COURT SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE  PRINCIPAL'S  OWN
 RECOGNIZANCE,  UNLESS IT IS DEMONSTRATED AND THE COURT MAKES AN INDIVID-
 UALIZED DETERMINATION THAT THE PRINCIPAL IS A SIGNIFICANT RISK OF INTEN-
 TIONAL FLIGHT TO AVOID PROSECUTION. IF SUCH A FINDING IS MADE, THE COURT
 MUST SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND  CONDITION  OR  CONDI-
 TIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
   2.  A  PRINCIPAL  IS  ENTITLED TO REPRESENTATION BY COUNSEL UNDER THIS
 CHAPTER IN PREPARING AN APPLICATION FOR RELEASE, WHEN A  SECURING  ORDER
 IS  BEING  CONSIDERED  AND  WHEN  A SECURING ORDER IS BEING REVIEWED FOR
 MODIFICATION, REVOCATION OR TERMINATION. IF THE PRINCIPAL IS FINANCIALLY
 UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRINCIPAL.
   3. IN CASES WHERE THE MOST SERIOUS OFFENSE WITH  WHICH  THE  DEFENDANT
 STANDS  CHARGED  IN  THE  CASE  BEFORE THE COURT OR A PENDING CASE IS AN
 OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW OR A FELO-
 NY ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN BURGLARY  IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
 PENAL  LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE
 OF SECTION 160.10 OF SUCH LAW OR  REPORTING  A  FALSE  INCIDENT  IN  THE
 SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW), THE COURT SHALL
 RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE,
 UNLESS  THE  COURT FINDS ON THE RECORD OR IN WRITING THAT RELEASE ON THE
 PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE THE  PRINCIPAL'S
 RETURN  TO COURT. IN SUCH INSTANCES, THE COURT SHALL RELEASE THE PRINCI-
 PAL UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE
 ALTERNATIVE  AND  CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT.  THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE  AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   4.  EXCEPT  AS  PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, IN CASES
 WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS  CHARGED  IN  THE  CASE
 BEFORE  THE  COURT  OR  A PENDING CASE IS A FELONY ENUMERATED IN SECTION

 A. 9505--B                         13
 
 70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS  DEFINED
 IN  SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
 SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION  160.10  OF  SUCH
 LAW  OR  REPORTING  A  FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.55 OF SUCH LAW), THE COURT, UNLESS OTHERWISE  PROHIBITED  BY
 LAW,  SHALL  RELEASE  THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS,  OR  FIX  BAIL.  IN  SUCH
 INSTANCES,  THE COURT SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND
 CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO  COURT.
 THE  COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE
 RECORD OR IN WRITING.
   5. IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT  STANDS  CHARGED
 IN  THE  CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY SEX OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER SECTION 490.10, 490.15, 490.30, 490.35,  490.37,  490.40,  490.45,
 490.47,  490.50  OR  490.55  OF THE PENAL LAW,  A CLASS A FELONY OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION 215.15, 215.16, OR 215.17 OF THE PENAL  LAW,  A  FELONY  OFFENSE
 WHERE  A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS PHYSICAL
 INJURY OR DEATH TO ANOTHER PERSON AND CAUSING SUCH INJURY  OR  DEATH  TO
 SUCH  PERSON OR A THIRD PERSON, OR A FELONY FOR WHEN THE DEFENDANT WOULD
 BE ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF  THE  PENAL  LAW,  THE
 COURT,  UNLESS  OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL
 PENDING TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT  THE
 PRINCIPAL  TO  THE CUSTODY OF THE SHERIFF.  IN SUCH INSTANCES, THE COURT
 SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT  WILL
 REASONABLY  ASSURE  THE  PRINCIPAL'S  RETURN  TO  COURT. THE COURT SHALL
 EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON  THE  RECORD  OR  IN
 WRITING.
   6.  When  a  securing  order is revoked or otherwise terminated in the
 course of an uncompleted action or proceeding but the principal's future
 court attendance still is or may be required and [he] THE  PRINCIPAL  is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a securing order which
 committed the principal to the custody of the sheriff, the  court  shall
 give  written  notification  to the sheriff of such revocation or termi-
 nation of the securing order.
   § 3. Section 510.20 of the criminal procedure law is amended  to  read
 as follows:
 §  510.20    Application  for [recognizance or bail; making and determi-
              nation thereof in general] A CHANGE IN SECURING ORDER.
   1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
 securing order with respect to a principal[, or at any time when a]  AND
 THE  principal  is confined in the custody of the sheriff as a result of
 THE SECURING ORDER OR a previously issued securing order, [he] THE PRIN-
 CIPAL may make an application for recognizance, RELEASE UNDER  NON-MONE-
 TARY CONDITIONS or bail.
   2.   (A) THE PRINCIPAL IS ENTITLED TO REPRESENTATION BY COUNSEL IN THE
 MAKING AND PRESENTATION OF SUCH APPLICATION. IF THE PRINCIPAL IS  FINAN-
 CIALLY  UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRIN-
 CIPAL.
   (B) Upon such application, the principal must be accorded an  opportu-
 nity  to  be  heard,  PRESENT  EVIDENCE  and to contend that an order of
 recognizance, RELEASE UNDER NON-MONETARY CONDITIONS  or,  WHERE  AUTHOR-
 IZED,  bail  must or should issue, that the court should release [him on
 his] THE PRINCIPAL ON THE PRINCIPAL'S own recognizance OR UNDER NON-MON-

 A. 9505--B                         14
 
 ETARY CONDITIONS rather than fix bail, and that if  bail  is  AUTHORIZED
 AND fixed it should be in a suggested amount and form.
   §  4.  The  criminal  procedure law is amended by adding a new section
 510.25 to read as follows:
 § 510.25 REHEARING AFTER FIVE DAYS IN CUSTODY.
   IN ADDITION TO ANY OTHER AVAILABLE PRE-CONVICTION MOTION OR PROCEDURE,
 A PRINCIPAL FOR WHOM BAIL IS  AUTHORIZED  AND  WAS  FIXED,  OR  WHO  WAS
 REMANDED  TO  THE  CUSTODY  OF  THE  SHERIFF BUT IS LEGALLY ELIGIBLE FOR
 RELEASE, AND WHO IS IN CUSTODY FIVE DAYS  THEREAFTER  SHALL  BE  BROUGHT
 BEFORE  THE  COURT THE NEXT BUSINESS DAY FOR A REHEARING ON THE SECURING
 ORDER. THE COURT SHALL CONSIDER THE MATTER IN  ACCORDANCE  WITH  SECTION
 510.10  OF  THIS  ARTICLE, DE NOVO, INCLUDING THE PRINCIPAL'S INDIVIDUAL
 FINANCIAL CIRCUMSTANCES, HEAR FROM THE DEFENSE AND, IF THEY  SO  DESIRE,
 THE PEOPLE, CONSIDER RELEVANT TESTIMONY AND CROSS-EXAMINATION PRESENTED,
 CONSIDER  ANY  RELEVANT, ADMISSIBLE EVIDENCE NOT LEGALLY PRIVILEGED, AND
 ORDER A NEW SECURING ORDER IN ACCORDANCE WITH THE PRINCIPLES AND  PROCE-
 DURES  IN  THIS  ARTICLE.  THIS  PROCESS  SHALL CONTINUE WITH ADDITIONAL
 REHEARINGS, HELD PROMPTLY ON REASONABLE WRITTEN REQUEST OF DEFENSE COUN-
 SEL, MADE ON NOTICE TO THE PEOPLE.
   § 5. Section 510.30 of the criminal procedure law, subparagraph (v) of
 paragraph (a) of subdivision 2 as amended by chapter 920 of the laws  of
 1982,  subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered
 by chapter 447 of the laws of 1977,  subparagraph  (vii)  as  added  and
 subparagraphs  (viii)  and  (ix)  of  paragraph  (a) of subdivision 2 as
 renumbered by section 1 of part D of chapter 491 of the  laws  of  2012,
 and  subdivision  3  as  added  by  chapter  788 of the laws of 1981, is
 amended to read as follows:
 § 510.30 Application for [recognizance or bail] SECURING ORDER; rules of
              law and criteria controlling determination.
   1. [Determinations of applications for recognizance or bail are not in
 all cases discretionary but are subject to rules, prescribed in  article
 five  hundred  thirty  and  other provisions of law relating to specific
 kinds of criminal actions and proceedings, providing (a)  that  in  some
 circumstances  such  an  application must as a matter of law be granted,
 (b) that in others it must as a matter of law be denied and the  princi-
 pal committed to or retained in the custody of the sheriff, and (c) that
 in  others  the  granting  or  denial  thereof  is  a matter of judicial
 discretion.
   2. To the extent that the issuance of an order of recognizance or bail
 and the terms thereof are matters of discretion rather than of  law,  an
 application  is  determined  on  the  basis of the following factors and
 criteria:
   (a)] With respect to any principal, the court  IN  ALL  CASES,  UNLESS
 OTHERWISE PROVIDED BY LAW, must [consider the] IMPOSE THE LEAST RESTRIC-
 TIVE  kind  and  degree  of  control or restriction that is necessary to
 secure [his court attendance]  THE  PRINCIPAL'S  RETURN  TO  COURT  when
 required.  In  determining  that matter, the court must, on the basis of
 available information, consider and take into account[:
   (i) The principal's character, reputation, habits  and  mental  condi-
 tion;
   (ii) His employment and financial resources; and
   (iii)  His  family  ties and the length of his residence if any in the
 community; and
   (iv) His] INFORMATION ABOUT THE PRINCIPAL  THAT  IS  RELEVANT  TO  THE
 PRINCIPAL'S RETURN TO COURT, INCLUDING:
   (A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;

 A. 9505--B                         15
 
   (B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
   (C)  THE  PRINCIPAL'S  criminal CONVICTION record if any PROVIDED THAT
 THE COURT MUST ALSO CONSIDER AND TAKE INTO ACCOUNT  THE  TIME  THAT  HAS
 ELAPSED  SINCE THE OCCURRENCE OF SUCH CRIME OR CRIMES AND THE AGE OF THE
 PRINCIPAL AT THE TIME OF THE OCCURRENCE OF SUCH CRIME OR CRIMES; [and
   (v) His] (D) THE PRINCIPAL'S record  of  previous  adjudication  as  a
 juvenile delinquent, as retained pursuant to section 354.2 of the family
 court act, or, of pending cases where fingerprints are retained pursuant
 to  section  306.1  of such act, or a youthful offender, if any PROVIDED
 THAT THE COURT MUST ALSO CONSIDER AND TAKE INTO ACCOUNT  THE  TIME  THAT
 HAS  ELAPSED SINCE THE OCCURRENCE OF SUCH DELINQUENCY OR YOUTHFUL OFFEN-
 DER CONDUCT AND THE AGE OF THE PRINCIPAL AT THE TIME OF SUCH DELINQUENCY
 OR YOUTHFUL OFFENDER CONDUCT; [and
   (vi) His] (e) THE PRINCIPAL'S previous record [if any in responding to
 court appearances when required or] with respect to  INTENTIONAL  flight
 to avoid criminal prosecution; [and
   (vii)]   (F)   IF  MONETARY  BAIL  IS  AUTHORIZED,  ACCORDING  TO  THE
 RESTRICTIONS SET FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL  FINAN-
 CIAL CIRCUMSTANCES;
   (G)  Where  the  principal is charged with a crime or crimes against a
 member or members of the same  family  or  household  as  that  term  is
 defined  in subdivision one of section 530.11 of this title, the follow-
 ing factors:
   [(A)] (I) any violation by the principal of  an  order  of  protection
 issued  by  any  court  for the protection of a member or members of the
 same family or household as that term is defined in subdivision  one  of
 section 530.11 of this title, whether or not such order of protection is
 currently in effect; and
   [(B)]  (II) the principal's history of use or possession of a firearm;
 and
   [(viii)] (H) If [he] THE PRINCIPAL is a defendant, [the weight of  the
 evidence against him in the pending criminal action and any other factor
 indicating  probability or improbability of conviction; or,] in the case
 of an application for [bail or recognizance] A  SECURING  ORDER  pending
 appeal, the merit or lack of merit of the appeal[; and
   (ix)  If  he  is  a  defendant,  the sentence which may be or has been
 imposed upon conviction].
   [(b)] 2. Where the principal is a  defendant-appellant  in  a  pending
 appeal  from  a judgment of conviction, the court must also consider the
 likelihood of ultimate reversal of the judgment.  A  determination  that
 the  appeal  is  palpably  without  merit  alone justifies, but does not
 require, a denial of the application, regardless  of  any  determination
 made  with  respect to the factors specified in [paragraph (a)] SUBDIVI-
 SION ONE OF THIS SECTION.
   3. When bail or recognizance is ordered, the court  shall  inform  the
 principal, if [he] THE PRINCIPAL is a defendant charged with the commis-
 sion of a felony, that the release is conditional and that the court may
 revoke  the order of release and MAY BE AUTHORIZED TO commit the princi-
 pal to the custody of the sheriff in accordance with the  provisions  of
 subdivision  two of section 530.60 of this chapter if [he] THE PRINCIPAL
 commits a subsequent felony while at liberty upon such order.
   § 6. Section 510.40 of the criminal procedure law is amended  to  read
 as follows:
 §  510.40  [Application for recognizance or bail; determination thereof,
              form of securing order and execution thereof] COURT NOTIFI-

 A. 9505--B                         16
 
              CATION TO PRINCIPAL OF CONDITIONS OF RELEASE AND OF ALLEGED
              VIOLATIONS OF CONDITIONS OF RELEASE.
   1.    [An application for recognizance or bail must be determined by a
 securing order which either:
   (a)  Grants the application and releases  the  principal  on  his  own
 recognizance; or
   (b)  Grants the application and fixes bail; or
   (c)    Denies the application and commits the principal to, or retains
 him in, the custody of the sheriff.
   2.] Upon ordering that a principal be released on  [his]  THE  PRINCI-
 PAL'S  own  recognizance, OR RELEASED UNDER NON-MONETARY CONDITIONS, OR,
 IF BAIL HAS BEEN FIXED, UPON THE POSTING OF BAIL, the court must  direct
 [him]  THE  PRINCIPAL  to  appear  in  the criminal action or proceeding
 involved whenever [his] THE PRINCIPAL'S attendance may be  required  and
 to [render himself] BE at all times amenable to the orders and processes
 of  the court.  If such principal is in the custody of the sheriff or at
 liberty upon bail at the time of the order, the court must  direct  that
 [he]  THE  PRINCIPAL be discharged from such custody or, as the case may
 be, that [his] THE PRINCIPAL'S bail be exonerated.
   [3.] 2. Upon the issuance of an order fixing bail,  WHERE  AUTHORIZED,
 and  upon the posting thereof, the court must examine the bail to deter-
 mine whether it complies with the order.  If it does, the court must, in
 the absence of some factor or circumstance  which  in  law  requires  or
 authorizes  disapproval  thereof,  approve  the  bail  and  must issue a
 certificate of release, authorizing the principal to be at liberty, and,
 if [he] THE PRINCIPAL is in the custody of  the  sheriff  at  the  time,
 directing  the  sheriff  to discharge [him] THE PRINCIPAL therefrom.  If
 the bail fixed is not posted, or is not approved after being posted, the
 court must order that the principal be committed to the custody  of  the
 sheriff.  IN THE EVENT OF ANY SUCH NON-APPROVAL, THE COURT SHALL EXPLAIN
 PROMPTLY IN WRITING THE REASONS THEREFOR.
   3.  NON-MONETARY  CONDITIONS  OF  RELEASE  SHALL BE INDIVIDUALIZED AND
 ESTABLISHED IN WRITING BY THE COURT. AT FUTURE  COURT  APPEARANCES,  THE
 COURT SHALL CONSIDER A LESSENING OF CONDITIONS OR MODIFICATION OF CONDI-
 TIONS TO A LESS BURDENSOME FORM BASED ON THE PRINCIPAL'S COMPLIANCE WITH
 SUCH  CONDITIONS OF RELEASE. IN THE EVENT OF ALLEGED NON-COMPLIANCE WITH
 THE CONDITIONS OF RELEASE IN AN  IMPORTANT  RESPECT,  PURSUANT  TO  THIS
 SUBDIVISION,  ADDITIONAL  CONDITIONS MAY BE IMPOSED BY THE COURT, ON THE
 RECORD OR IN WRITING, ONLY AFTER NOTICE OF THE FACTS  AND  CIRCUMSTANCES
 OF  SUCH  ALLEGED  NON-COMPLIANCE,  REASONABLE  UNDER THE CIRCUMSTANCES,
 AFFORDING THE PRINCIPAL AND THE PRINCIPAL'S ATTORNEY AND THE  PEOPLE  AN
 OPPORTUNITY TO PRESENT RELEVANT, ADMISSIBLE EVIDENCE, RELEVANT WITNESSES
 AND  TO  CROSS-EXAMINE  WITNESSES, AND A FINDING BY CLEAR AND CONVINCING
 EVIDENCE THAT THE PRINCIPAL VIOLATED A CONDITION OF RELEASE IN AN IMPOR-
 TANT RESPECT.   FOLLOWING SUCH A  FINDING,  IN  DETERMINING  WHETHER  TO
 IMPOSE ADDITIONAL CONDITIONS FOR NON-COMPLIANCE, THE COURT SHALL CONSID-
 ER  AND  MAY SELECT CONDITIONS CONSISTENT WITH THE COURT'S OBLIGATION TO
 IMPOSE THE LEAST RESTRICTIVE CONDITION OR CONDITIONS THAT  WILL  REASON-
 ABLY  ASSURE THE DEFENDANT'S RETURN TO COURT. THE COURT SHALL EXPLAIN ON
 THE RECORD OR IN WRITING THE REASONS FOR ITS DETERMINATION AND  FOR  ANY
 CHANGES TO THE CONDITIONS IMPOSED.
   4.  (A) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE ORDERED
 ONLY IF THE COURT FINDS, AFTER NOTICE, AN OPPORTUNITY TO BE HEARD AND AN
 INDIVIDUALIZED DETERMINATION EXPLAINED ON THE RECORD OR IN WRITING, THAT
 NO OTHER REALISTIC NON-MONETARY CONDITION OR SET OF NON-MONETARY  CONDI-
 TIONS WILL SUFFICE TO REASONABLY ASSURE A PRINCIPAL'S RETURN TO COURT.

 A. 9505--B                         17
 
   (B)  THE  SPECIFIC  METHOD OF ELECTRONIC MONITORING OF THE PRINCIPAL'S
 LOCATION MUST BE APPROVED BY THE COURT.  IT MUST BE THE  LEAST  RESTRIC-
 TIVE  PROCEDURE  AND  METHOD THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT, AND UNOBTRUSIVE TO THE GREATEST EXTENT PRACTICABLE.
   (C)  ELECTRONIC  MONITORING  OF  THE  LOCATION  OF  A PRINCIPAL MAY BE
 CONDUCTED ONLY BY A PUBLIC ENTITY UNDER THE SUPERVISION AND CONTROL OF A
 COUNTY OR MUNICIPALITY OR A NON-PROFIT  ENTITY  UNDER  CONTRACT  TO  THE
 COUNTY,  MUNICIPALITY  OR  THE  STATE. A COUNTY OR MUNICIPALITY SHALL BE
 AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER COUNTY OR  MUNICIPALITY
 IN  THE  STATE  TO  MONITOR  PRINCIPALS UNDER NON-MONETARY CONDITIONS OF
 RELEASE IN ITS COUNTY, BUT COUNTIES, MUNICIPALITIES AND THE STATE  SHALL
 NOT CONTRACT WITH ANY PRIVATE FOR-PROFIT ENTITY FOR SUCH PURPOSES.
   (D) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE FOR A MAXI-
 MUM  PERIOD  OF  SIXTY  DAYS,  AND MAY BE RENEWED FOR SUCH PERIOD, AFTER
 NOTICE, AN OPPORTUNITY TO BE HEARD AND A DE NOVO, INDIVIDUALIZED  DETER-
 MINATION  IN  ACCORDANCE WITH THIS SUBDIVISION, WHICH SHALL BE EXPLAINED
 ON THE RECORD OR IN WRITING.
   5. IF A PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE COURT
 SHALL, ON THE RECORD AND IN AN INDIVIDUALIZED WRITTEN DOCUMENT  PROVIDED
 TO  THE  PRINCIPAL, NOTIFY THE PRINCIPAL, IN PLAIN LANGUAGE AND A MANNER
 SUFFICIENTLY CLEAR AND SPECIFIC:
   (A) OF ANY CONDITIONS TO WHICH THE PRINCIPAL IS SUBJECT, TO SERVE AS A
 GUIDE FOR THE PRINCIPAL'S CONDUCT; AND
   (B) THAT THE POSSIBLE CONSEQUENCES FOR VIOLATION OF SUCH  A  CONDITION
 MAY  INCLUDE REVOCATION OF THE SECURING ORDER AND THE ORDERING OF A MORE
 RESTRICTIVE SECURING ORDER.
   § 7. The criminal procedure law is amended by  adding  a  new  section
 510.43 to read as follows:
 § 510.43 COURT APPEARANCES: ADDITIONAL NOTIFICATIONS.
   THE  COURT  OR,  UPON  DIRECTION  OF  THE  COURT, A CERTIFIED PRETRIAL
 SERVICES AGENCY, SHALL NOTIFY ALL PRINCIPALS RELEASED UNDER NON-MONETARY
 CONDITIONS AND ON RECOGNIZANCE OF ALL COURT APPEARANCES  IN  ADVANCE  BY
 TEXT  MESSAGE,  TELEPHONE CALL, ELECTRONIC MAIL OR FIRST CLASS MAIL. THE
 CHIEF ADMINISTRATOR OF THE COURTS SHALL, PURSUANT TO SUBDIVISION ONE  OF
 SECTION  10.40 OF THIS CHAPTER, DEVELOP A FORM WHICH SHALL BE OFFERED TO
 THE PRINCIPAL AT COURT APPEARANCES. ON SUCH FORM, WHICH UPON  COMPLETION
 SHALL  BE  RETAINED IN THE COURT FILE, THE PRINCIPAL MAY SELECT ONE SUCH
 PREFERRED MANNER OF NOTICE.
   § 8. The criminal procedure law is amended by  adding  a  new  section
 510.45 to read as follows:
 § 510.45 PRETRIAL SERVICES AGENCIES.
   1.  THE  OFFICE  OF  COURT  ADMINISTRATION SHALL CERTIFY AND REGULARLY
 REVIEW FOR RECERTIFICATION ONE OR MORE  PRETRIAL  SERVICES  AGENCIES  IN
 EACH  COUNTY  TO  MONITOR  PRINCIPALS RELEASED UNDER NON-MONETARY CONDI-
 TIONS.  SUCH OFFICE SHALL MAINTAIN A LISTING ON ITS PUBLIC WEBSITE IDEN-
 TIFYING BY COUNTY EACH PRETRIAL SERVICES  AGENCY  SO  CERTIFIED  IN  THE
 STATE.
   2.  EVERY  SUCH  AGENCY SHALL BE A PUBLIC ENTITY UNDER THE SUPERVISION
 AND CONTROL OF A COUNTY OR MUNICIPALITY OR  A  NON-PROFIT  ENTITY  UNDER
 CONTRACT  TO  THE COUNTY, MUNICIPALITY OR THE STATE. A COUNTY OR MUNICI-
 PALITY SHALL BE AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER  COUNTY
 OR  MUNICIPALITY  IN  THE STATE TO MONITOR PRINCIPALS UNDER NON-MONETARY
 CONDITIONS OF RELEASE IN ITS COUNTY, BUT  COUNTIES,  MUNICIPALITIES  AND
 THE STATE SHALL NOT CONTRACT WITH ANY PRIVATE FOR-PROFIT ENTITY FOR SUCH
 PURPOSES.

 A. 9505--B                         18
 
   3.  (A) ANY QUESTIONNAIRE, INSTRUMENT OR TOOL USED WITH A PRINCIPAL IN
 THE PROCESS OF  CONSIDERING  OR  DETERMINING  THE  PRINCIPAL'S  POSSIBLE
 RELEASE  ON  RECOGNIZANCE,  RELEASE  UNDER NON-MONETARY CONDITIONS OR ON
 BAIL, OR USED WITH A PRINCIPAL IN THE PROCESS OF CONSIDERING  OR  DETER-
 MINING  A CONDITION OR CONDITIONS OF RELEASE OR MONITORING BY A PRETRIAL
 SERVICES AGENCY, SHALL BE PROMPTLY MADE AVAILABLE TO THE  PRINCIPAL  AND
 THE PRINCIPAL'S COUNSEL UPON WRITTEN REQUEST.  ANY SUCH BLANK FORM QUES-
 TIONNAIRE,  INSTRUMENT  OR  TOOL  REGULARLY  USED IN THE COUNTY FOR SUCH
 PURPOSE OR A RELATED PURPOSE SHALL  BE  MADE  AVAILABLE  TO  ANY  PERSON
 PROMPTLY UPON REQUEST.
   (B) ANY SUCH QUESTIONNAIRE, INSTRUMENT OR TOOL SHALL BE:
   (I)  FREE  FROM  DISCRIMINATORY  AND DISPARATE IMPACT ON DETENTION AND
 OTHER OUTCOMES BASED ON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
 ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX,  MARI-
 TAL  STATUS,  DISABILITY, OR ANY OTHER CONSTITUTIONALLY PROTECTED CLASS,
 REGARDING THE USE THEREOF; AND
   (II) EMPIRICALLY VALIDATED AND REGULARLY REVALIDATED, WITH SUCH  VALI-
 DATION AND REVALIDATION STUDIES AND ALL UNDERLYING DATA, EXCEPT PERSONAL
 IDENTIFYING  INFORMATION  FOR  ANY  DEFENDANT,  PUBLICLY  AVAILABLE UPON
 REQUEST.
   4. MONITORING BY A PRE-TRIAL SERVICES AGENCY MAY BE ORDERED AS A  NON-
 MONETARY CONDITION PURSUANT TO THIS TITLE ONLY IF THE COURT FINDS, AFTER
 NOTICE,  AN  OPPORTUNITY TO BE HEARD AND AN INDIVIDUALIZED DETERMINATION
 EXPLAINED ON THE RECORD OR IN WRITING, THAT NO OTHER REALISTIC NON-MONE-
 TARY CONDITION OR SET OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
   5. EACH PRETRIAL SERVICE AGENCY  CERTIFIED  BY  THE  OFFICE  OF  COURT
 ADMINISTRATION  PURSUANT  TO  THIS SECTION SHALL AT THE END OF EACH YEAR
 PREPARE AND FILE WITH SUCH OFFICE AN ANNUAL  REPORT,  WHICH  THE  OFFICE
 SHALL COMPILE, PUBLISH ON ITS WEBSITE AND MAKE AVAILABLE UPON REQUEST TO
 MEMBERS OF THE PUBLIC. SUCH REPORTS SHALL NOT INCLUDE ANY PERSONAL IDEN-
 TIFYING  INFORMATION FOR ANY INDIVIDUAL DEFENDANTS. EACH SUCH REPORT, IN
 ADDITION TO OTHER RELEVANT INFORMATION, SHALL SET  FORTH,  DISAGGREGATED
 BY EACH COUNTY SERVED:
   (A) THE NUMBER OF DEFENDANTS MONITORED BY THE AGENCY;
   (B)  THE  LENGTH OF TIME (IN MONTHS) EACH SUCH PERSON WAS MONITORED BY
 THE AGENCY PRIOR TO ACQUITTAL, DISMISSAL, RELEASE ON RECOGNIZANCE, REVO-
 CATION OF RELEASE ON CONDITIONS, AND SENTENCING;
   (C) THE RACE, ETHNICITY, AGE AND SEX OF EACH PERSON MONITORED;
   (D) THE CRIMES WITH WHICH EACH PERSON MONITORED WAS CHARGED;
   (E) THE NUMBER OF PERSONS MONITORED FOR WHOM RELEASE  CONDITIONS  WERE
 MODIFIED  BY THE COURT, DESCRIBING GENERALLY FOR EACH PERSON OR GROUP OF
 PERSONS THE TYPE AND NATURE OF THE  CONDITION  OR  CONDITIONS  ADDED  OR
 REMOVED;
   (F)  THE NUMBER OF PERSONS MONITORED FOR WHOM RELEASE UNDER CONDITIONS
 WAS REVOKED BY THE COURT, AND THE BASIS FOR SUCH REVOCATIONS; AND
   (G) THE COURT DISPOSITION IN EACH MONITORING CASE, INCLUDING  SENTENC-
 ING INFORMATION.
   §  9.  Section 510.50 of the criminal procedure law is amended to read
 as follows:
 § 510.50 Enforcement of securing order.
   1. When the attendance of a principal confined in the custody  of  the
 sheriff is required at the criminal action or proceeding at a particular
 time  and  place,  the court may compel such attendance by directing the
 sheriff to produce [him] THE PRINCIPAL at such time and place.   If  the
 principal  is  at  liberty  on [his] THE PRINCIPAL'S own recognizance OR

 A. 9505--B                         19
 
 NON-MONETARY CONDITIONS or on bail, [his] THE  PRINCIPAL'S    attendance
 may  be achieved or compelled by various methods, including notification
 and the issuance of a bench warrant, prescribed  by  law  in  provisions
 governing  such matters with respect to the particular kind of action or
 proceeding involved.
   2. EXCEPT WHEN THE PRINCIPAL IS CHARGED WITH  A  NEW  CRIME  WHILE  AT
 LIBERTY, ABSENT RELEVANT, ADMISSIBLE EVIDENCE DEMONSTRATING THAT A PRIN-
 CIPAL'S  FAILURE TO APPEAR FOR A SCHEDULED COURT APPEARANCE WAS WILLFUL,
 THE COURT, PRIOR TO ISSUING A BENCH WARRANT FOR A FAILURE TO APPEAR  FOR
 A  SCHEDULED  COURT APPEARANCE, SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS
 NOTICE TO THE PRINCIPAL OR THE PRINCIPAL'S COUNSEL THAT THE PRINCIPAL IS
 REQUIRED TO APPEAR, IN ORDER TO GIVE THE  PRINCIPAL  AN  OPPORTUNITY  TO
 APPEAR VOLUNTARILY.
   § 10. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by chapter 784 of the laws of 1972, is amended
 to read as follows:
   (b) The court [may] SHALL direct that the bail be posted in any one of
 [two]  THREE  or  more of the forms specified in subdivision one OF THIS
 SECTION, designated in the  alternative,  and  may  designate  different
 amounts varying with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE
 EITHER AN UNSECURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE
 COURT.
   §  11. Section 530.10 of the criminal procedure law is amended to read
 as follows:
 § 530.10 Order of recognizance RELEASE UNDER NON-MONETARY CONDITIONS  or
            bail; in general.
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a defendant charged with or convicted of an offense, is required
 [or  authorized to order bail or recognizance] TO ISSUE A SECURING ORDER
 for [the release or prospective release of] such  defendant  during  the
 pendency of either:
   1.  A criminal action based upon such charge; or
   2.   An appeal taken by the defendant from a judgment of conviction or
 a sentence or from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.
   § 12. Subdivision 4 of section 530.11 of the criminal  procedure  law,
 as  added  by  chapter  186  of  the laws of 1997, is amended to read as
 follows:
   4. When a person is arrested for  an  alleged  family  offense  or  an
 alleged  violation  of  an  order  of  protection  or temporary order of
 protection or arrested pursuant to a warrant issued by  the  supreme  or
 family  court, and the supreme or family court, as applicable, is not in
 session, such person shall be brought before a local criminal  court  in
 the  county  of arrest or in the county in which such warrant is return-
 able pursuant to article one hundred twenty of this chapter. Such  local
 criminal  court  may issue any order authorized under subdivision eleven
 of section 530.12 of this article, section one hundred  fifty-four-d  or
 one hundred fifty-five of the family court act or subdivision three-b of
 section  two  hundred  forty or subdivision two-a of section two hundred
 fifty-two of the domestic relations  law,  in  addition  to  discharging
 other  arraignment  responsibilities  as  set  forth in this chapter. In
 making such order, the local criminal court shall consider DE  NOVO  the
 [bail] recommendation AND SECURING ORDER, if any, made by the supreme or
 family  court  as  indicated  on  the warrant or certificate of warrant.
 Unless the petitioner or complainant requests otherwise, the  court,  in
 addition  to  scheduling further criminal proceedings, if any, regarding

 A. 9505--B                         20
 
 such alleged family offense or violation  allegation,  shall  make  such
 matter  returnable in the supreme or family court, as applicable, on the
 next day such court is in session.
   § 13. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
 procedure  law,  as added by chapter 388 of the laws of 1984, is amended
 to read as follows:
   (a) revoke an order of recognizance, RELEASE UNDER NON-MONETARY CONDI-
 TIONS or bail and commit the defendant to custody; or
   § 14. The opening paragraph of subdivision 1 of section 530.13 of  the
 criminal  procedure  law, as amended by chapter 137 of the laws of 2007,
 is amended to read as follows:
   When any criminal action is pending, and the court has  not  issued  a
 temporary  order  of protection pursuant to section 530.12 of this arti-
 cle, the court, in addition to the other powers  conferred  upon  it  by
 this  chapter,  may  for  good  cause  shown  issue a temporary order of
 protection in  conjunction  with  any  securing  order  [committing  the
 defendant to the custody of the sheriff or as a condition of a pre-trial
 release,  or  as  a  condition  of release on bail] or an adjournment in
 contemplation of dismissal. In addition to any other conditions, such an
 order may require that the defendant:
   § 15. Subdivision 11 of section 530.12 of the criminal procedure  law,
 as  amended by chapter 498 of the laws of 1993, the opening paragraph as
 amended by chapter 597 of the laws of 1998, paragraph (a) as amended  by
 chapter 222 of the laws of 1994, paragraph (d) as amended by chapter 644
 of the laws of 1996, is amended to read as follows:
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by  a  court  of competent jurisdiction in another state, territorial or
 tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a)  revoke  an  order  of  recognizance OR RELEASE UNDER NON-MONETARY
 CONDITIONS or revoke an order of bail or order forfeiture of  such  bail
 and commit the defendant to custody; or
   (b)  restore  the case to the calendar when there has been an adjourn-
 ment in contemplation of dismissal and [commit the defendant to custody]
 ESTABLISH A SECURING ORDER; or
   (c) revoke a conditional discharge in accordance with  section  410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment  in  accordance  with  the  penal law based on the original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and impose a sentence of imprisonment in accordance with the  penal  law
 based  on the original conviction. In addition, if the act which consti-
 tutes the violation of the order of protection  or  temporary  order  of
 protection  is  a crime or a violation the defendant may be charged with
 and tried for that crime or violation.
   § 16. Section 530.20 of the criminal  procedure  law,  as  amended  by
 chapter  531  of the laws of 1975, subparagraph (ii) of paragraph (b) of
 subdivision 2 as amended by chapter 218 of the laws of 1979, is  amended
 to read as follows:
 § 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
              nal court when action is pending therein.
   When  a  criminal  action  is  pending in a local criminal court, such
 court, upon application of a defendant, [must or may order  recognizance
 or bail] SHALL PROCEED as follows:

 A. 9505--B                         21
 
   1. [When the defendant is charged, by information, simplified informa-
 tion, prosecutor's information or misdemeanor complaint, with an offense
 or  offenses of less than felony grade only, the court must order recog-
 nizance or bail.] (A) IN CASES WHERE THE MOST SERIOUS OFFENSE WITH WHICH
 THE  DEFENDANT  STANDS CHARGED IN THE CASE BEFORE THE COURT OR A PENDING
 CASE IS AN OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW
 OR A FELONY ENUMERATED IN SECTION 70.02 OF THE  PENAL  LAW  (OTHER  THAN
 BURGLARY  IN  THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION
 140.25 OF THE PENAL LAW OR ROBBERY IN THE SECOND DEGREE  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 160.10 OF SUCH LAW OR REPORTING A FALSE INCI-
 DENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW), THE
 COURT  SHALL  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, UNLESS THE COURT FINDS ON THE RECORD OR  IN  WRITING  THAT
 RELEASE  ON  THE PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE
 THE PRINCIPAL'S RETURN TO COURT. IN  SUCH  INSTANCES,  THE  COURT  SHALL
 RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST
 RESTRICTIVE  ALTERNATIVE  AND CONDITIONS THAT WILL REASONABLY ASSURE THE
 PRINCIPAL'S RETURN TO COURT. THE  COURT  SHALL  EXPLAIN  ITS  CHOICE  OF
 ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN WRITING.
   (B)  EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, IN CASES
 WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS  CHARGED  IN  THE  CASE
 BEFORE  THE  COURT  OR  A PENDING CASE IS A FELONY ENUMERATED IN SECTION
 70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS  DEFINED
 IN  SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
 SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION  160.10  OF  SUCH
 LAW  OR  REPORTING  A  FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.55 OF SUCH LAW), THE COURT, UNLESS OTHERWISE  PROHIBITED  BY
 LAW,  SHALL  RELEASE  THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, OR RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR
 FIX BAIL. IN SUCH INSTANCES, THE COURT SHALL SELECT THE  LEAST  RESTRIC-
 TIVE  ALTERNATIVE  THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO
 COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND  CONDITIONS
 ON THE RECORD OR IN WRITING.
   (C)  IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
 IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY  SEX  OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER  SECTION  490.10,  490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
 490.47, 490.50 OR 490.55 OF THE PENAL LAW,  A  CLASS  A  FELONY  OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION  215.15,  215.16,  OR  215.17 OF THE PENAL LAW, A FELONY OFFENSE
 WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS  PHYSICAL
 INJURY  OR  DEATH  TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
 SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHICH THE DEFENDANT WOULD
 BE ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF  THE  PENAL  LAW,  THE
 COURT,  UNLESS  OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL
 PENDING TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT  THE
 PRINCIPAL  TO  THE CUSTODY OF THE SHERIFF.  IN SUCH INSTANCES, THE COURT
 SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT  WILL
 REASONABLY  ASSURE  THE  PRINCIPAL'S  RETURN  TO  COURT. THE COURT SHALL
 EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON  THE  RECORD  OR  IN
 WRITING.
   2.  When the defendant is charged, by felony complaint, with a felony,
 the court may, in its  discretion,  order  recognizance,  RELEASE  UNDER
 NON-MONETARY  CONDITIONS,  or,  WHERE  AUTHORIZED,  bail  OR  COMMIT THE
 DEFENDANT TO THE CUSTODY OF THE SHERIFF except as otherwise provided  in
 SUBDIVISION ONE OF THIS SECTION OR this subdivision:

 A. 9505--B                         22
 
   (a) A city court, a town court or a village court may not order recog-
 nizance or bail when (i) the defendant is charged with a class A felony,
 or  (ii)  [it  appears  that]  the  defendant  has  two  previous felony
 convictions;
   (b)  No  local  criminal  court  may order recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS or bail with respect to a defendant charged with
 a felony unless and until:
   (i)  The district attorney has been heard  in  the  matter  or,  after
 knowledge  or notice of the application and reasonable opportunity to be
 heard, has failed to appear at the proceeding or  has  otherwise  waived
 his right to do so; and
   (ii) The court [has] AND COUNSEL FOR THE DEFENDANT HAVE been furnished
 with  a  report  of the division of criminal justice services concerning
 the defendant's criminal record, if any, or  with  a  police  department
 report  with  respect  to  the  defendant's  prior arrest AND CONVICTION
 record, IF ANY.  If neither report is available,  the  court,  with  the
 consent  of  the  district attorney, may dispense with this requirement;
 provided, however, that in an emergency, including but not limited to  a
 substantial impairment in the ability of such division or police depart-
 ment  to  timely furnish such report, such consent shall not be required
 if, for reasons stated on the record, the court  deems  it  unnecessary.
 When  the  court  has  been furnished with any such report or record, it
 shall furnish a copy thereof to counsel for the  defendant  or,  if  the
 defendant is not represented by counsel, to the defendant.
   §  17.  The section heading and subdivisions 1 and 2 of section 530.30
 of the criminal procedure law, subdivision 2 as amended by  chapter  762
 of the laws of 1971, are amended to read as follows:
 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or bail; by
              superior court judge when action is pending in local crimi-
              nal court.
   1.  When a criminal action is pending in a local criminal court, other
 than one consisting of a superior court judge sitting as such,  a  judge
 of  a superior court holding a term thereof in the county, upon applica-
 tion of a defendant, may order recognizance, RELEASE UNDER  NON-MONETARY
 CONDITIONS or, WHERE AUTHORIZED, bail when such local criminal court:
   (a) Lacks authority to issue such an order, pursuant to [paragraph (a)
 of  subdivision  two]  THE RELEVANT PROVISIONS of section 530.20 OF THIS
 ARTICLE; or
   (b) Has denied an application for recognizance, RELEASE UNDER NON-MON-
 ETARY CONDITIONS or bail; or
   (c) Has fixed bail, WHERE AUTHORIZED, which is excessive; OR
   (D) HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY  CONDITIONS
 WHICH  ARE  MORE  RESTRICTIVE  THAN  NECESSARY  TO REASONABLY ASSURE THE
 DEFENDANT'S RETURN TO COURT.
   In such case, such superior court judge may vacate the order  of  such
 local criminal court and release the defendant on [his own] recognizance
 OR  UNDER  NON-MONETARY  CONDITIONS,  or WHERE AUTHORIZED, fix bail in a
 lesser amount or in a less burdensome  form,  WHICHEVER  ARE  THE  LEAST
 RESTRICTIVE  ALTERNATIVE  AND CONDITIONS THAT WILL REASONABLY ASSURE THE
 DEFENDANT'S RETURN TO COURT. THE  COURT  SHALL  EXPLAIN  ITS  CHOICE  OF
 ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN WRITING.
   2.  Notwithstanding the provisions of subdivision one OF THIS SECTION,
 when the defendant is charged with a felony in a local criminal court, a
 superior court judge may not order recognizance, RELEASE UNDER NON-MONE-
 TARY CONDITIONS or, WHERE AUTHORIZED, bail unless and until the district
 attorney has had an opportunity to be heard in the matter and such judge

 A. 9505--B                         23
 
 [has] AND COUNSEL FOR THE DEFENDANT HAVE been furnished with a report as
 described  in  subparagraph  (ii) of paragraph (b) of subdivision two of
 section 530.20 OF THIS ARTICLE.
   §  18.  Section 530.40 of the criminal procedure law, subdivision 3 as
 amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
 by chapter 762 of the laws of 1971, is amended to read as follows:
 § 530.40 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or
            bail; by superior court when action is pending therein.
   When a criminal action is pending in a  superior  court,  such  court,
 upon  application of a defendant, must or may order recognizance or bail
 as follows:
   1. When the defendant is charged with an offense or offenses  of  less
 than  felony  grade  only,  the court must, UNLESS OTHERWISE PROVIDED BY
 LAW, order recognizance or [bail] RELEASE UNDER NON-MONETARY  CONDITIONS
 IN ACCORDANCE WITH THIS SECTION.
   2.  When the defendant is charged with a felony, the court may, in its
 discretion, order recognizance [or], RELEASE UNDER  NON-MONETARY  CONDI-
 TIONS  OR,  WHERE AUTHORIZED, bail. In any such case in which an indict-
 ment (a) has resulted from an order of a local  criminal  court  holding
 the  defendant  for  the action of the grand jury, or (b) was filed at a
 time when a felony complaint charging the same conduct was pending in  a
 local  criminal court, and in which such local criminal court or a supe-
 rior court judge has issued an order of recognizance [or], RELEASE UNDER
 NON-MONETARY CONDITIONS OR, WHERE AUTHORIZED, bail which is still effec-
 tive, the superior court's order may be  in  the  form  of  a  direction
 continuing the effectiveness of the previous order.
   3.  IN  CASES  WHERE THE MOST SERIOUS OFFENSE WITH WHICH THE DEFENDANT
 STANDS CHARGED IN THE CASE BEFORE THE COURT OR  A  PENDING  CASE  IS  AN
 OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW OR A FELO-
 NY  ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN BURGLARY IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
 PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION  ONE
 OF  SECTION  160.10  OF  SUCH  LAW  OR REPORTING A FALSE INCIDENT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW), THE COURT SHALL
 RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE,
 UNLESS THE COURT FINDS ON THE RECORD OR IN WRITING THAT RELEASE  ON  THE
 PRINCIPAL'S  OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT. IN SUCH INSTANCES, THE COURT SHALL RELEASE THE  PRINCI-
 PAL  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST RESTRICTIVE
 ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY ASSURE  THE  PRINCIPAL'S
 RETURN  TO  COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   4. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS  SECTION,  IN  CASES
 WHERE  AN  OFFENSE  WITH  WHICH THE DEFENDANT STANDS CHARGED IN THE CASE
 BEFORE THE COURT OR A PENDING CASE IS A  FELONY  ENUMERATED  IN  SECTION
 70.02  OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS DEFINED
 IN SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN  THE
 SECOND  DEGREE  AS  DEFINED IN SUBDIVISION ONE OF SECTION 160.10 OF SUCH
 LAW OR REPORTING A FALSE INCIDENT IN THE SECOND  DEGREE  AS  DEFINED  IN
 SECTION  240.55  OF  SUCH LAW) THE COURT, UNLESS OTHERWISE PROHIBITED BY
 LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON  THE  PRINCIPAL'S  OWN
 RECOGNIZANCE, OR RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR
 FIX  BAIL,  SELECTING  THE  LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS
 THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.  THE  COURT
 SHALL  EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD OR
 IN WRITING.

 A. 9505--B                         24
 
   5. IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT  STANDS  CHARGED
 IN  THE  CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY SEX OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER SECTION 490.10, 490.15, 490.30, 490.35,  490.37,  490.40,  490.45,
 490.47,  490.50  OR  490.55  OF  THE PENAL LAW, A CLASS A FELONY OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION 215.15, 215.16, OR 215.17 OF THE PENAL  LAW,  A  FELONY  OFFENSE
 WHERE  A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS PHYSICAL
 INJURY OR DEATH TO ANOTHER PERSON AND CAUSING SUCH INJURY  OR  DEATH  TO
 SUCH  PERSON  OR  A THIRD PERSON, OR A FELONY FOR WHICH THE DEFENDANT IS
 ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF THE PENAL LAW, THE COURT,
 UNLESS OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL  PENDING
 TRIAL  UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT THE PRINCI-
 PAL TO THE CUSTODY OF  THE  SHERIFF,  SELECTING  THE  LEAST  RESTRICTIVE
 ALTERNATIVE  AND  CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF  ALTERNATIVE  AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   6.  Notwithstanding  the  provisions of [subdivision two] SUBDIVISIONS
 TWO, THREE, FOUR AND FIVE OF THIS SECTION,  a  superior  court  may  not
 order  recognizance,  RELEASE  UNDER  NON-MONETARY  CONDITIONS or, WHERE
 AUTHORIZED, bail, or permit a defendant to remain at liberty pursuant to
 an existing order, after  [he]  THE  DEFENDANT  has  been  convicted  of
 either:  (a)  a  class  A felony or (b) any class B or class C felony AS
 defined in article one hundred thirty of  the  penal  law  committed  or
 attempted  to  be  committed  by a person eighteen years of age or older
 against a person less than eighteen years of age.  In  either  case  the
 court must commit or remand the defendant to the custody of the sheriff.
   [4.]  7.  Notwithstanding the provisions of [subdivision two] SUBDIVI-
 SIONS TWO, THREE, FOUR AND FIVE OF THIS SECTION, a  superior  court  may
 not  order recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or, WHERE
 AUTHORIZED, bail when the defendant is charged with a felony unless  and
 until  the  district  attorney has had an opportunity to be heard in the
 matter and such court [has] AND COUNSEL  FOR  THE  DEFENDANT  HAVE  been
 furnished  with  a report as described in subparagraph (ii) of paragraph
 (b) of subdivision two of section 530.20 OF THIS ARTICLE.
   § 19. Subdivision 1 of section 530.45 of the criminal  procedure  law,
 as  amended  by  chapter  264 of the laws of 2003, is amended to read as
 follows:
   1. When the defendant is at liberty in the course of a criminal action
 as a result of a prior order of recognizance, RELEASE UNDER NON-MONETARY
 CONDITIONS or bail and the court revokes such order and  then  [either],
 WHERE  AUTHORIZED, fixes no bail or fixes bail in a greater amount or in
 a more burdensome form than was previously fixed and remands or  commits
 defendant  to  the  custody of the sheriff, OR ISSUES A MORE RESTRICTIVE
 SECURING ORDER, a judge designated in subdivision two OF  THIS  SECTION,
 upon  application  of  the  defendant following conviction of an offense
 other than a class A felony or a class B or class C  felony  offense  AS
 defined  in  article  one  hundred  thirty of the penal law committed or
 attempted to be committed by a person eighteen years  of  age  or  older
 against a person less than eighteen years of age, and before sentencing,
 may  issue  a securing order and [either] release THE defendant on [his]
 THE DEFENDANT'S own recognizance, RELEASE THE DEFENDANT UNDER  NON-MONE-
 TARY  CONDITIONS,  or,  WHERE  AUTHORIZED,  fix bail[,] or fix bail in a
 lesser amount or in a less burdensome form, OR ISSUE A LESS  RESTRICTIVE
 SECURING  ORDER,  than  fixed  by  the court in which the conviction was
 entered.

 A. 9505--B                         25
 
   § 20. Section 530.60 of the criminal procedure law, subdivision  1  as
 amended  by  chapter  565 of the laws of 2011, subdivision 2 as added by
 chapter 788 of the laws of 1981 and paragraph (a) of  subdivision  2  as
 amended  by  chapter  794  of  the  laws  of 1986, is amended to read as
 follows:
 § 530.60 [Order  of  recognizance  or  bail; revocation thereof] CERTAIN
             MODIFICATIONS OF A SECURING ORDER.
   1. Whenever in the course of a criminal action or proceeding a defend-
 ant is at liberty as a result of an order of recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS or bail issued pursuant to this chapter, and the
 court considers it necessary to review such order, [it] WHETHER DUE TO A
 MOTION BY THE PEOPLE OR OTHERWISE, THE COURT may, and EXCEPT AS PROVIDED
 IN SUBDIVISION TWO OF SECTION 510.50 OF THIS TITLE CONCERNING A  FAILURE
 TO APPEAR IN COURT, by a bench warrant if necessary, require the defend-
 ant  to  appear  before  the court. Upon such appearance, the court, for
 good cause shown, may revoke the order of  recognizance,  RELEASE  UNDER
 NON-MONETARY CONDITIONS, or bail. If the defendant is entitled to recog-
 nizance,  RELEASE  UNDER NON-MONETARY CONDITIONS, or bail as a matter of
 right, the court must issue another such  order.  If  [he  or  she]  THE
 DEFENDANT is not, the court may either issue such an order or commit the
 defendant to the custody of the sheriff IN ACCORDANCE WITH THIS SECTION.
   Where  the defendant is committed to the custody of the sheriff and is
 held on a felony complaint, a new period as provided in  section  180.80
 of  this  chapter shall commence to run from the time of the defendant's
 commitment under this subdivision.
   2. (a) Whenever in the course of a criminal  action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance, RELEASE  UNDER  NON-MONETARY  CONDI-
 TIONS  or  bail  issued pursuant to this article it shall be grounds for
 revoking such order that the court finds reasonable cause to believe the
 defendant committed one or more specified  class  A  or  violent  felony
 offenses  or  intimidated a victim or witness in violation of [sections]
 SECTION 215.15, 215.16 or 215.17 of the penal law while at liberty.
   (B) EXCEPT AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION,  WHENEVER
 IN  THE  COURSE  OF  A CRIMINAL ACTION OR PROCEEDING A DEFENDANT CHARGED
 WITH THE COMMISSION OF AN OFFENSE IS AT LIBERTY AS A RESULT OF AN  ORDER
 OF  RECOGNIZANCE,  RELEASE  UNDER NON-MONETARY CONDITIONS OR BAIL ISSUED
 PURSUANT TO THIS ARTICLE IT SHALL BE GROUNDS FOR REVOKING SUCH ORDER AND
 FIXING BAIL IN SUCH CRIMINAL ACTION OR PROCEEDING  WHEN  THE  COURT  HAS
 FOUND, BY CLEAR AND CONVINCING EVIDENCE, THAT THE DEFENDANT:
   (I)  PERSISTENTLY WILLFULLY FAILED TO APPEAR AFTER NOTICE OF SCHEDULED
 APPEARANCES IN THE CASE BEFORE THE COURT; OR
   (II) VIOLATED AN ORDER OF  PROTECTION  IN  THE  MANNER  PROHIBITED  BY
 SUBDIVISION  (B), (C) OR (D) OF SECTION 215.51 OF THE PENAL LAW WHILE AT
 LIBERTY; OR
   (III) STANDS CHARGED IN SUCH CRIMINAL ACTION OR PROCEEDING WITH A  SEX
 OFFENSE  THAT  WOULD  REQUIRE REGISTRATION AS A SEX OFFENDER PURSUANT TO
 ARTICLE SIX-C OF THE CORRECTION LAW AND, AFTER BEING SO CHARGED, COMMIT-
 TED ANOTHER SUCH SEX OFFENSE WHILE AT LIBERTY;
   (IV) STANDS CHARGED IN SUCH  CRIMINAL  ACTION  OR  PROCEEDING  WITH  A
 MISDEMEANOR  OR  VIOLATION  AND,  AFTER  BEING SO CHARGED, INTIMIDATED A
 VICTIM OR WITNESS IN VIOLATION OF SECTION 215.15, 215.16  OR  215.17  OF
 THE PENAL LAW WHILE AT LIBERTY; OR
   (V)  STANDS  CHARGED  IN  SUCH ACTION OR PROCEEDING WITH A FELONY AND,
 AFTER BEING SO CHARGED, COMMITTED A FELONY WHILE AT LIBERTY.

 A. 9505--B                         26

   (C) Before revoking an order of recognizance, RELEASE UNDER  NON-MONE-
 TARY  CONDITIONS,  or  bail pursuant to this subdivision, the court must
 hold a hearing and shall receive any relevant, admissible  evidence  not
 legally  privileged.  The  defendant may cross-examine witnesses and may
 present  relevant,  admissible  evidence on his own behalf. Such hearing
 may be consolidated with, and conducted at the same time  as,  a  felony
 hearing  conducted  pursuant to article one hundred eighty of this chap-
 ter. A transcript of testimony taken before the grand jury upon  presen-
 tation  of the subsequent offense shall be admissible as evidence during
 the hearing.  The district attorney may move  to  introduce  grand  jury
 testimony  of a witness in lieu of that witness' appearance at the hear-
 ing.
   [(b)] (D) Revocation of an order of recognizance, RELEASE  UNDER  NON-
 MONETARY  CONDITIONS  or  bail  and  A NEW SECURING ORDER FIXING BAIL OR
 commitment, AS SPECIFIED IN THIS PARAGRAPH AND pursuant to this subdivi-
 sion shall be for the following periods[, either]:
   (I) UNDER PARAGRAPH (A) OF THIS SUBDIVISION, REVOCATION OF  THE  ORDER
 OF  RECOGNIZANCE,  RELEASE UNDER NON-MONETARY CONDITIONS OR, AS THE CASE
 MAY BE, BAIL, AND A NEW SECURING ORDER FIXING  BAIL  OR  COMMITTING  THE
 DEFENDANT TO THE CUSTODY OF THE SHERIFF SHALL BE AS FOLLOWS:
   [(i)]  (A)  For  a  period  not to exceed ninety days exclusive of any
 periods of adjournment requested by the defendant; or
   [(ii)] (B) Until the charges contained within the  accusatory  instru-
 ment  have  been  reduced  or dismissed such that no count remains which
 charges the defendant with commission of a felony; or
   [(iii)] (C) Until reduction or  dismissal  of  the  charges  contained
 within  the  accusatory  instrument charging the subsequent offense such
 that no count remains which charges the defendant with commission  of  a
 class A or violent felony offense.
   Upon  expiration  of  any  of  the three periods specified within this
 [paragraph] SUBPARAGRAPH, whichever is shortest, the court may grant  or
 deny  release  upon  an order of bail or recognizance in accordance with
 the provisions of this  article.  Upon  conviction  to  an  offense  the
 provisions  of  article  five  hundred  thirty  of  this  chapter  shall
 apply[.]; AND
   [(c)] (II) UNDER PARAGRAPH (B) OF THIS SUBDIVISION, REVOCATION OF  THE
 ORDER  OF RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS OR, AS THE
 CASE MAY BE, BAIL SHALL RESULT IN THE ISSUANCE OF A NEW  SECURING  ORDER
 WHICH  MAY,  IF  OTHERWISE  AUTHORIZED  BY  LAW,  PERMIT THE PRINCIPAL'S
 RELEASE ON RECOGNIZANCE OR RELEASE UNDER  NON-MONETARY  CONDITIONS,  BUT
 SHALL  ALSO  RENDER  THE  DEFENDANT  ELIGIBLE  FOR  AN ORDER FIXING BAIL
 PROVIDED, HOWEVER, THAT IN ACCORDANCE WITH THE PRINCIPLES IN THIS  TITLE
 THE COURT MUST SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITION OR
 CONDITIONS  THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
 NOTHING IN THIS SUBPARAGRAPH SHALL  BE  INTERPRETED  AS  SHORTENING  THE
 PERIOD  OF  DETENTION,  OR REQUIRING OR AUTHORIZING ANY LESS RESTRICTIVE
 FORM OF A SECURING ORDER, WHICH MAY BE IMPOSED  PURSUANT  TO  ANY  OTHER
 LAW.
   (E)  Notwithstanding  the  provisions  of paragraph (a) OR (B) of this
 subdivision a defendant, against whom a felony complaint has been  filed
 which  charges  the  defendant  with  commission of a class A or violent
 felony offense OR VIOLATION OF SECTION 215.15, 215.16 OR 215.17  OF  THE
 PENAL LAW committed while he was at liberty as specified therein, may be
 committed to the custody of the sheriff pending a revocation hearing for
 a  period  not  to exceed seventy-two hours. An additional period not to
 exceed seventy-two hours may be granted by the court upon application of

 A. 9505--B                         27
 
 the district attorney upon a showing of good cause or where the  failure
 to  commence  the hearing was due to the defendant's request or occurred
 with his consent. Such good cause must consist of some  compelling  fact
 or  circumstance  which  precluded  conducting  the  hearing  within the
 initial prescribed period.
   § 21. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by chapter 258 of the laws of 2015, is amended
 to read as follows:
   (a) If at any time during the defendant's participation in  the  judi-
 cial diversion program, the court has reasonable grounds to believe that
 the  defendant  has violated a release condition IN AN IMPORTANT RESPECT
 or has WILLFULLY failed to appear before the  court  as  requested,  the
 court  EXCEPT  AS  PROVIDED IN SUBDIVISION TWO OF SECTION 510.50 OF THIS
 CHAPTER REGARDING A FAILURE TO APPEAR, shall  direct  the  defendant  to
 appear  or  issue  a bench warrant to a police officer or an appropriate
 peace officer directing him or her to take the  defendant  into  custody
 and  bring  the  defendant  before  the court without unnecessary delay;
 provided, however, that under no circumstances  shall  a  defendant  who
 requires  treatment  for  opioid  abuse  or dependence be deemed to have
 violated a release condition on the basis of his or her participation in
 medically prescribed drug treatments under the care  of  a  health  care
 professional  licensed  or  certified under title eight of the education
 law, acting within his or her lawful scope of practice.    The  RELEVANT
 provisions of [subdivision one of] section 530.60 of this chapter relat-
 ing  to [revocation of recognizance or bail] ISSUANCE OF SECURING ORDERS
 shall apply to such proceedings under this subdivision.
   § 22. The opening paragraph of section 240.44 of the  criminal  proce-
 dure  law,  as  added  by chapter 558 of the laws of 1982, is amended to
 read as follows:
   Subject to a  protective order, at a pre-trial hearing held in a crim-
 inal court at which a witness is called to testify, each party, [at  the
 conclusion]  PRIOR TO THE COMMENCEMENT of the direct examination of each
 of its witnesses, shall, upon request of the other party, make available
 to that party to the extent not previously disclosed:
   § 23. Section 410.60 of the criminal  procedure  law,  as  amended  by
 chapter 652 of the laws of 2008, is amended to read as follows:
 § 410.60 Appearance before court.
   A person who has been taken into custody pursuant to section 410.40 or
 section  410.50  of  this  article  for  violation  of  a condition of a
 sentence of probation or a sentence of conditional discharge must forth-
 with be brought before the court that  imposed  the  sentence.  Where  a
 violation of probation petition and report has been filed and the person
 has  not  been  taken  into  custody  nor  has a warrant been issued, an
 initial court appearance shall occur within ten  business  days  of  the
 court's  issuance  of  a  notice  to appear. If the court has reasonable
 cause to believe that such  person  has  violated  a  condition  of  the
 sentence,  it may commit [him] SUCH PERSON to the custody of the sheriff
 [or], fix bail, RELEASE SUCH PERSON  UNDER  NON-MONETARY  CONDITIONS  or
 release  such  person on [his] SUCH PERSON'S own recognizance for future
 appearance at a hearing to be held in accordance with section 410.70  of
 this  article.  If  the  court does not have reasonable cause to believe
 that such person has violated a  condition  of  the  sentence,  it  must
 direct that [he] SUCH PERSON be released.
   § 24. Subdivision 3 of section 620.50 of the criminal procedure law is
 amended to read as follows:
   3. A material witness order must be executed as follows:

 A. 9505--B                         28

   (a)    If  the  bail  is posted and approved by the court, the witness
 must, as provided in subdivision  [three]  TWO  of  section  510.40,  be
 released and be permitted to remain at liberty; provided that, where the
 bail is posted by a person other than the witness himself, he may not be
 so released except upon his signed written consent thereto;
   (b)  If the bail is not posted, or if though posted it is not approved
 by  the  court, the witness must, as provided in subdivision [three] TWO
 of section 510.40, be committed to the custody of the sheriff.
   § 25. This act shall take effect on the thirtieth day after  it  shall
 have become a law.
 
                                  PART D
 
   Section 1. Article 240 of the criminal procedure law is REPEALED.
   § 2. The criminal procedure law is amended by adding a new article 245
 to read as follows:
                                ARTICLE 245
                                 DISCOVERY
 SECTION 245.10 TIMING OF DISCOVERY.
         245.20 AUTOMATIC DISCOVERY.
         245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
         245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
         245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
         245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
         245.45 DNA COMPARISON ORDER.
         245.50 CERTIFICATES OF COMPLIANCE.
         245.55 FLOW OF INFORMATION.
         245.60 CONTINUING DUTY TO DISCLOSE.
         245.65 WORK PRODUCT.
         245.70 PROTECTIVE ORDERS.
         245.75 WAIVER OF DISCOVERY BY DEFENDANT.
         245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
         245.85 ADMISSIBILITY OF DISCOVERY.
 § 245.10 TIMING OF DISCOVERY.
   1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
 PERFORM  ITS  INITIAL    DISCOVERY  OBLIGATIONS UNDER SUBDIVISION ONE OF
 SECTION 245.20 OF THIS ARTICLE AS SOON AS   PRACTICABLE  BUT  NOT  LATER
 THAN  FIFTEEN  CALENDAR  DAYS  AFTER  THE  DEFENDANT'S ARRAIGNMENT ON AN
 INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
 MATION, OR SIMPLIFIED INFORMATION. PORTIONS OF MATERIALS CLAIMED  TO  BE
 NON-DISCOVERABLE  MAY  BE WITHHELD PENDING A DETERMINATION AND RULING OF
 THE COURT UNDER SECTION 245.70 OF THIS ARTICLE; BUT THE DEFENDANT  SHALL
 BE  NOTIFIED  IN WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED UNDER A
 PARTICULAR SUBDIVISION OF SUCH SECTION, AND THE DISCOVERABLE PORTIONS OF
 SUCH MATERIALS SHALL BE DISCLOSED IF PRACTICABLE. WHEN THE  DISCOVERABLE
 MATERIALS  ARE  EXCEPTIONALLY  VOLUMINOUS, THE TIME PERIOD IN THIS PARA-
 GRAPH MAY BE STAYED BY UP TO AN ADDITIONAL THIRTY CALENDAR DAYS  WITHOUT
 NEED FOR A MOTION PURSUANT TO  SUBDIVISION TWO OF SECTION 245.70 OF THIS
 ARTICLE.
   (B)  THE  PROSECUTION  SHALL  PERFORM ITS SUPPLEMENTAL DISCOVERY OBLI-
 GATIONS UNDER SUBDIVISION THREE OF SECTION 245.20  OF  THIS  ARTICLE  AS
 SOON  AS  PRACTICABLE  BUT  NOT  LATER THAN FIFTEEN CALENDAR DAYS BEFORE
 TRIAL.
   (C) UPON TIMELY DEFENSE REQUEST, THE PROSECUTION SHALL DISCLOSE  MATE-
 RIALS  UNDER  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 245.20 OF THIS
 ARTICLE TO ANY DEFENDANT WHO HAS BEEN  ARRAIGNED  IN  A  LOCAL  CRIMINAL

 A. 9505--B                         29
 
 COURT  UPON  A  CURRENTLY  UNDISPOSED  OF  FELONY  COMPLAINT CHARGING AN
 OFFENSE WHICH IS A SUBJECT  OF  A  PROSPECTIVE  OR  PENDING  GRAND  JURY
 PROCEEDING,  NO  LATER  THAN FORTY-EIGHT HOURS BEFORE THE TIME SCHEDULED
 FOR  THE  DEFENDANT  TO  TESTIFY  AT A GRAND JURY PROCEEDING PURSUANT TO
 SUBDIVISION FIVE OF SECTION 190.50 OF THIS PART.
   2. DEFENDANT'S PERFORMANCE OF OBLIGATIONS. THE DEFENDANT SHALL PERFORM
 HIS OR HER DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION  FOUR  OF  SECTION
 245.20  OF  THIS ARTICLE NOT LATER THAN THIRTY CALENDAR DAYS AFTER BEING
 SERVED WITH THE PROSECUTION'S  CERTIFICATE  OF  COMPLIANCE  PURSUANT  TO
 SUBDIVISION  ONE OF SECTION 245.50 OF THIS ARTICLE, EXCEPT THAT PORTIONS
 OF MATERIALS CLAIMED TO BE NON-DISCOVERABLE MAY BE  WITHHELD  PENDING  A
 DETERMINATION AND RULING OF THE COURT UNDER SECTION 245.70 OF THIS ARTI-
 CLE;  BUT  THE  PROSECUTION MUST BE NOTIFIED IN WRITING THAT INFORMATION
 HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SECTION.
 § 245.20 AUTOMATIC DISCOVERY.
   1. INITIAL DISCOVERY FOR THE DEFENDANT. THE PROSECUTION SHALL DISCLOSE
 TO THE DEFENDANT, AND PERMIT THE DEFENDANT TO DISCOVER, INSPECT, COPY OR
 PHOTOGRAPH, EACH OF THE FOLLOWING ITEMS AND INFORMATION WHEN IT  RELATES
 TO  THE  SUBJECT MATTER OF THE CASE AND IS IN THE POSSESSION, CUSTODY OR
 CONTROL OF THE PROSECUTION OR PERSONS UNDER THE PROSECUTION'S  DIRECTION
 OR CONTROL:
   (A)  ALL WRITTEN OR RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL ORAL
 STATEMENTS, MADE BY THE DEFENDANT OR A CO-DEFENDANT TO A PUBLIC  SERVANT
 ENGAGED IN LAW ENFORCEMENT ACTIVITY OR TO A PERSON THEN ACTING UNDER HIS
 OR  HER  DIRECTION  OR IN COOPERATION WITH HIM OR HER, OTHER THAN STATE-
 MENTS MADE IN THE COURSE OF THE CRIMINAL TRANSACTION.
   (B) ALL TRANSCRIPTS OF THE TESTIMONY OF A  PERSON  WHO  HAS  TESTIFIED
 BEFORE  A  GRAND  JURY,  INCLUDING BUT NOT LIMITED TO THE DEFENDANT OR A
 CO-DEFENDANT. IF IN THE EXERCISE OF REASONABLE DILIGENCE, AND DUE TO THE
 LIMITED  AVAILABILITY  OF  TRANSCRIPTION  RESOURCES,  A  TRANSCRIPT   IS
 UNAVAILABLE  FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVI-
 SION ONE OF SECTION 245.10 OF THIS ARTICLE,  SUCH  TIME  PERIOD  MAY  BE
 STAYED  BY  UP  TO AN ADDITIONAL THIRTY CALENDAR DAYS WITHOUT NEED FOR A
 MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70  OF  THIS  ARTICLE;
 EXCEPT THAT SUCH DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT
 LATER  THAN  THIRTY CALENDAR DAYS BEFORE A SCHEDULED  TRIAL DATE, UNLESS
 AN ORDER IS OBTAINED PURSUANT TO SECTION 245.70 OF  THIS  ARTICLE.  WHEN
 THE COURT IS  REQUIRED TO REVIEW GRAND JURY TRANSCRIPTS, THE PROSECUTION
 SHALL  DISCLOSE SUCH TRANSCRIPTS TO THE COURT EXPEDITIOUSLY UPON RECEIPT
 BY THE PROSECUTOR, NOTWITHSTANDING THE OTHERWISE-APPLICABLE TIME PERIODS
 FOR DISCLOSURE IN THIS ARTICLE.
   (C) THE NAMES OF, AND ADDRESSES OR ADEQUATE ALTERNATIVE CONTACT INFOR-
 MATION FOR, ALL  PERSONS OTHER THAN LAW ENFORCEMENT PERSONNEL  WHOM  THE
 PROSECUTOR KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE
 CHARGED  OR  TO  A POTENTIAL DEFENSE THERETO, INCLUDING A DESIGNATION BY
 THE PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED AS  WITNESSES.
 INFORMATION  UNDER THIS SUBDIVISION RELATING TO A CONFIDENTIAL INFORMANT
 MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITHOUT NEED FOR
 A MOTION PURSUANT TO SECTION 245.70 OF THIS ARTICLE; BUT  THE  DEFENDANT
 SHALL  BE  NOTIFIED  IN  WRITING  THAT  SUCH  INFORMATION  HAS  NOT BEEN
 DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
   (D) THE NAME AND WORK AFFILIATION OF  ALL  LAW  ENFORCEMENT  PERSONNEL
 WHOM  THE  PROSECUTOR  KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO
 ANY OFFENSE CHARGED OR TO A POTENTIAL  DEFENSE    THERETO,  INCLUDING  A
 DESIGNATION BY THE PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED
 AS  WITNESSES. INFORMATION UNDER THIS SUBDIVISION RELATING TO UNDERCOVER

 A. 9505--B                         30
 
 PERSONNEL  MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITH-
 OUT NEED FOR A MOTION PURSUANT TO SECTION 245.70 OF  THIS  ARTICLE;  BUT
 THE DEFENDANT SHALL BE NOTIFIED IN WRITING THAT SUCH INFORMATION HAS NOT
 BEEN DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
   (E)  ALL  STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
 OR RECORDING, MADE BY PERSONS WHO HAVE EVIDENCE OR INFORMATION  RELEVANT
 TO ANY OFFENSE CHARGED OR TO A POTENTIAL  DEFENSE THERETO, INCLUDING ALL
 POLICE  REPORTS AND LAW ENFORCEMENT AGENCY REPORTS.  THIS PROVISION ALSO
 INCLUDES STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
 RECORDING, BY PERSONS TO BE CALLED AS WITNESSES AT PRE-TRIAL HEARINGS.
   (F) EXPERT OPINION EVIDENCE, INCLUDING  THE  NAME,  BUSINESS  ADDRESS,
 CURRENT  CURRICULUM    VITAE,  AND A LIST OF PUBLICATIONS OF EACH EXPERT
 WITNESS WHOM THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL  OR  A
 PRE-TRIAL  HEARING,  AND ALL REPORTS PREPARED BY THE EXPERT THAT PERTAIN
 TO THE CASE, OR IF NO REPORT IS PREPARED, A  WRITTEN  STATEMENT  OF  THE
 FACTS  AND  OPINIONS  TO  WHICH  THE EXPERT IS EXPECTED TO TESTIFY AND A
 SUMMARY OF THE GROUNDS FOR EACH OPINION. THIS PARAGRAPH DOES  NOT  ALTER
 OR  IN ANY WAY AFFECT THE PROCEDURES, OBLIGATIONS OR RIGHTS SET FORTH IN
 SECTION 250.10 OF THIS  TITLE. IF IN THE EXERCISE  OF  REASONABLE  DILI-
 GENCE  THIS  INFORMATION  IS  UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME
 PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10 OF  THIS  ARTICLE,
 THAT  PERIOD    SHALL  BE  STAYED  WITHOUT NEED FOR A MOTION PURSUANT TO
 SUBDIVISION TWO OF SECTION 245.70 OF THIS    ARTICLE;  EXCEPT  THAT  THE
 DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN SIXTY
 CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN ORDER IS OBTAINED
 PURSUANT  TO  SECTION  245.70  OF  THIS  ARTICLE. WHEN THE PROSECUTION'S
 EXPERT WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE  OF  AN  EXPERT
 WITNESS  BY THE DEFENDANT, THE COURT SHALL ALTER A SCHEDULED TRIAL DATE,
 IF NECESSARY, TO  ALLOW THE PROSECUTION THIRTY CALENDAR DAYS TO MAKE THE
 DISCLOSURE AND THE DEFENDANT THIRTY CALENDAR DAYS TO PREPARE AND RESPOND
 TO THE NEW MATERIALS.
   (G) ALL TAPES OR OTHER ELECTRONIC  RECORDINGS  WHICH  THE  PROSECUTION
 INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
   (H) ALL PHOTOGRAPHS AND DRAWINGS MADE OR COMPLETED BY A PUBLIC SERVANT
 ENGAGED  IN  LAW    ENFORCEMENT ACTIVITY, OR WHICH WERE MADE BY A PERSON
 WHOM THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL
 HEARING, OR WHICH THE PROSECUTION INTENDS TO INTRODUCE  AT  TRIAL  OR  A
 PRE-TRIAL HEARING.
   (I)  ALL  PHOTOGRAPHS, PHOTOCOPIES AND REPRODUCTIONS MADE BY OR AT THE
 DIRECTION OF LAW ENFORCEMENT PERSONNEL OF  ANY  PROPERTY  PRIOR  TO  ITS
 RELEASE PURSUANT TO SECTION 450.10 OF THE PENAL  LAW.
   (J)  ALL REPORTS, DOCUMENTS, DATA, CALCULATIONS OR WRITINGS, INCLUDING
 BUT NOT LIMITED TO   PRELIMINARY TESTS OR SCREENING  RESULTS  AND  BENCH
 NOTES,  CONCERNING PHYSICAL OR MENTAL  EXAMINATIONS, OR SCIENTIFIC TESTS
 OR EXPERIMENTS OR COMPARISONS, AND  ANALYSES  PERFORMED  ELECTRONICALLY,
 RELATING  TO  THE CRIMINAL ACTION OR PROCEEDING WHICH WERE MADE BY OR AT
 THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN LAW  ENFORCEMENT
 ACTIVITY,  OR WHICH WERE MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO
 CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL HEARING, OR WHICH  THE  PROSE-
 CUTION INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
   (K)  ALL  EVIDENCE  AND  INFORMATION, INCLUDING THAT WHICH IS KNOWN TO
 POLICE OR OTHER LAW ENFORCEMENT  AGENCIES  ACTING  ON  THE  GOVERNMENT'S
 BEHALF  IN  THE CASE, THAT TENDS TO: (I) NEGATE THE DEFENDANT'S GUILT AS
 TO A CHARGED OFFENSE; (II) REDUCE THE DEGREE OF OR MITIGATE THE  DEFEND-
 ANT'S    CULPABILITY  AS TO A CHARGED OFFENSE; (III) SUPPORT A POTENTIAL
 DEFENSE TO A CHARGED OFFENSE; (IV)  IMPEACH THE CREDIBILITY OF A  TESTI-

 A. 9505--B                         31
 
 FYING  PROSECUTION  WITNESS;  (V)  UNDERMINE EVIDENCE OF THE DEFENDANT'S
 IDENTITY AS A PERPETRATOR OF A CHARGED OFFENSE; (VI) PROVIDE A BASIS FOR
 A MOTION TO  SUPPRESS EVIDENCE; OR (VII) MITIGATE  PUNISHMENT.  INFORMA-
 TION  UNDER  THIS  SUBDIVISION  SHALL  BE  DISCLOSED WHETHER OR NOT SUCH
 INFORMATION IS RECORDED IN TANGIBLE FORM AND IRRESPECTIVE OF WHETHER THE
 PROSECUTOR CREDITS THE INFORMATION. THE PROSECUTOR  SHALL  DISCLOSE  THE
 INFORMATION  EXPEDITIOUSLY  UPON ITS RECEIPT AND SHALL NOT DELAY DISCLO-
 SURE IF IT IS OBTAINED EARLIER THAN THE TIME PERIOD  FOR  DISCLOSURE  IN
 SUBDIVISION ONE OF SECTION 245.10 OF THIS ARTICLE.
   (L)  A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO, OR IN
 FAVOR OF, PERSONS WHO MAY BE CALLED AS WITNESSES, AS  WELL  AS  REQUESTS
 FOR  CONSIDERATION BY PERSONS WHO MAY BE CALLED AS  WITNESSES AND COPIES
 OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT.
   (M) A LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM,  OR  ALLEGEDLY
 POSSESSED BY, THE DEFENDANT  OR A CO-DEFENDANT. THE LIST SHALL INCLUDE A
 DESIGNATION  BY  THE  PROSECUTOR  AS TO WHICH OBJECTS WERE PHYSICALLY OR
 CONSTRUCTIVELY POSSESSED BY THE DEFENDANT AND WERE  RECOVERED  DURING  A
 SEARCH  OR  SEIZURE  BY  A PUBLIC SERVANT OR AN AGENT THEREOF, AND WHICH
 TANGIBLE OBJECTS WERE RECOVERED BY A  PUBLIC SERVANT OR AN AGENT THEREOF
 AFTER ALLEGEDLY BEING ABANDONED BY THE  DEFENDANT.  IF  THE  PROSECUTION
 INTENDS  TO  PROVE THE DEFENDANT'S POSSESSION OF ANY TANGIBLE OBJECTS BY
 MEANS OF A STATUTORY PRESUMPTION OF POSSESSION, IT SHALL DESIGNATE  SUCH
 INTENTION  AS TO EACH SUCH OBJECT. IF REASONABLY PRACTICABLE, THE PROSE-
 CUTION SHALL ALSO DESIGNATE THE LOCATION FROM WHICH EACH TANGIBLE OBJECT
 WAS RECOVERED.  THERE IS ALSO A RIGHT TO INSPECT OR COPY  OR  PHOTOGRAPH
 THE LISTED TANGIBLE OBJECTS.
   (N)  WHETHER  A  SEARCH  WARRANT  HAS  BEEN EXECUTED AND ALL DOCUMENTS
 RELATING THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE  WARRANT
 APPLICATION,  SUPPORTING  AFFIDAVITS, A POLICE INVENTORY OF ALL PROPERTY
 SEIZED UNDER THE WARRANT, AND A TRANSCRIPT OF  ALL  TESTIMONY  OR  OTHER
 ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION.
   (O) ALL TANGIBLE PROPERTY THAT THE PROSECUTION INTENDS TO INTRODUCE IN
 ITS CASE-IN-CHIEF AT TRIAL OR A PRE-TRIAL HEARING. IF IN THE EXERCISE OF
 REASONABLE  DILIGENCE  THE PROSECUTOR HAS NOT FORMED AN INTENTION WITHIN
 THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10  OF  THIS
 ARTICLE  THAT AN ITEM UNDER THIS SUBDIVISION WILL BE INTRODUCED AT TRIAL
 OR A PRE-TRIAL HEARING, SUCH TIME PERIOD SHALL BE  STAYED  WITHOUT  NEED
 FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTI-
 CLE; BUT THE DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND SUBJECT
 TO THE CONTINUING DUTY TO DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
   (P)  THE  RESULTS  OF  COMPLETE CRIMINAL HISTORY RECORD CHECKS FOR ALL
 DEFENDANTS AND ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION WITNESSES
 PURSUANT  TO  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  OTHER  THAN  THOSE
 WITNESSES WHO ARE EXPERTS.
   (Q)  WHEN IT IS KNOWN TO THE PROSECUTION, THE EXISTENCE OF ANY PENDING
 CRIMINAL ACTION AGAINST ALL PERSONS DESIGNATED AS POTENTIAL  PROSECUTION
 WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   (R)  THE  APPROXIMATE  DATE, TIME AND PLACE OF THE OFFENSE OR OFFENSES
 CHARGED AND OF THE DEFENDANT'S SEIZURE AND ARREST.
   (S) IN ANY PROSECUTION ALLEGING A VIOLATION OF THE VEHICLE AND TRAFFIC
 LAW, WHERE THE DEFENDANT IS CHARGED BY INDICTMENT, SUPERIOR COURT INFOR-
 MATION, PROSECUTOR'S INFORMATION, INFORMATION,  OR  SIMPLIFIED  INFORMA-
 TION,  THE  MOST  RECENT RECORD OF INSPECTION, CALIBRATION AND REPAIR OF
 MACHINES AND INSTRUMENTS UTILIZED TO PERFORM ANY  SCIENTIFIC  TESTS  AND
 EXPERIMENTS AND THE CERTIFICATION CERTIFICATE, IF ANY, HELD BY THE OPER-

 A. 9505--B                         32
 
 ATOR  OF  THE MACHINE OR INSTRUMENT, AND ALL  OTHER DISCLOSURES REQUIRED
 UNDER THIS ARTICLE.
   (T)  IN  ANY  PROSECUTION  ALLEGING  A  VIOLATION OF SECTION 156.05 OR
 156.10 OF THE PENAL LAW, THE  TIME,  PLACE  AND  MANNER  SUCH  VIOLATION
 OCCURRED.
   2.  DISCOVERY  BY THE PROSECUTION.   THE PROSECUTOR SHALL MAKE A DILI-
 GENT, GOOD FAITH EFFORT TO ASCERTAIN THE EXISTENCE OF MATERIAL OR INFOR-
 MATION DISCOVERABLE UNDER SUBDIVISION ONE OF THIS SECTION AND  TO  CAUSE
 SUCH    MATERIAL OR INFORMATION TO BE MADE AVAILABLE FOR DISCOVERY WHERE
 IT EXISTS BUT IS NOT WITHIN  THE  PROSECUTOR'S  POSSESSION,  CUSTODY  OR
 CONTROL; PROVIDED THAT THE PROSECUTOR SHALL NOT BE REQUIRED TO OBTAIN BY
 SUBPOENA  DUCES  TECUM  MATERIAL  OR INFORMATION WHICH THE DEFENDANT MAY
 THEREBY OBTAIN. THIS PROVISION  SHALL  NOT  REQUIRE  THE  PROSECUTOR  TO
 ASCERTAIN  THE EXISTENCE OF WITNESSES NOT KNOWN TO POLICE OR ANOTHER LAW
 ENFORCEMENT AGENCY, OR THE WRITTEN OR RECORDED STATEMENTS THEREOF, UNDER
 PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
   3. SUPPLEMENTAL DISCOVERY FOR THE  DEFENDANT.  THE  PROSECUTION  SHALL
 DISCLOSE  TO THE DEFENDANT A LIST OF ALL MISCONDUCT AND CRIMINAL ACTS OF
 THE DEFENDANT NOT CHARGED IN THE INDICTMENT, SUPERIOR COURT INFORMATION,
 PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION,  WHICH
 THE  PROSECUTION  INTENDS TO USE AT TRIAL FOR PURPOSES OF (A) IMPEACHING
 THE CREDIBILITY OF THE DEFENDANT, OR (B) AS  SUBSTANTIVE  PROOF  OF  ANY
 MATERIAL  ISSUE IN THE CASE. IN ADDITION THE PROSECUTION SHALL DESIGNATE
 WHETHER IT INTENDS TO USE EACH LISTED  ACT  FOR  IMPEACHMENT  AND/OR  AS
 SUBSTANTIVE PROOF.
   4.  RECIPROCAL DISCOVERY FOR THE PROSECUTION. (A) THE DEFENDANT SHALL,
 SUBJECT TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PROSECUTION,  AND
 PERMIT  THE  PROSECUTION  TO  DISCOVER, INSPECT, COPY OR PHOTOGRAPH, ANY
 MATERIAL AND RELEVANT EVIDENCE WITHIN THE DEFENDANT'S OR COUNSEL FOR THE
 DEFENDANT'S POSSESSION OR CONTROL THAT IS DISCOVERABLE UNDER  PARAGRAPHS
 (F),  (G),  (H),  (J),  (1)  AND (O) OF SUBDIVISION ONE OF THIS SECTION,
 WHICH THE DEFENDANT INTENDS TO OFFER AT TRIAL  OR A  PRE-TRIAL  HEARING,
 AND  THE  NAMES,  ADDRESSES, BIRTH DATES, AND ALL STATEMENTS, WRITTEN OR
 RECORDED OR SUMMARIZED IN ANY WRITING OR  RECORDING,  OF  THOSE  PERSONS
 OTHER THAN THE DEFENDANT WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES
 AT TRIAL OR A PRE-TRIAL HEARING.
   (B)  DISCLOSURE  OF THE NAME, ADDRESS, BIRTH DATE, AND ALL STATEMENTS,
 WRITTEN OR RECORDED OR SUMMARIZED IN ANY  WRITING  OR  RECORDING,  OF  A
 PERSON  WHOM  THE  DEFENDANT  INTENDS  TO CALL AS A WITNESS FOR THE SOLE
 PURPOSE OF IMPEACHING A PROSECUTION WITNESS IS NOT REQUIRED UNTIL  AFTER
 THE PROSECUTION WITNESS HAS TESTIFIED AT TRIAL.
   (C)  IF  IN  THE  EXERCISE  OF  REASONABLE  DILIGENCE THE RECIPROCALLY
 DISCOVERABLE INFORMATION  UNDER PARAGRAPH (F) OR (O) OF SUBDIVISION  ONE
 OF  THIS  SECTION  IS UNAVAILABLE FOR DISCLOSURE WITHIN  THE TIME PERIOD
 SPECIFIED IN SUBDIVISION TWO OF SECTION 245.10  OF  THIS  ARTICLE,  SUCH
 TIME PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDI-
 VISION  TWO OF SECTION 245.70 OF THIS  ARTICLE; BUT THE DISCLOSURE SHALL
 BE MADE AS SOON AS PRACTICABLE AND SUBJECT TO  THE  CONTINUING  DUTY  TO
 DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
   5. STAY OF AUTOMATIC DISCOVERY; REMEDIES AND SANCTIONS. SECTION 245.10
 AND  SUBDIVISIONS    ONE, TWO, THREE AND FOUR OF THIS SECTION SHALL HAVE
 THE FORCE AND EFFECT OF A COURT ORDER, AND FAILURE TO PROVIDE  DISCOVERY
 PURSUANT TO SUCH SECTION OR SUBDIVISION MAY RESULT IN APPLICATION OF ANY
 REMEDIES  OR  SANCTIONS  PERMITTED FOR NON-COMPLIANCE WITH A COURT ORDER
 UNDER SECTION 245.80 OF THIS ARTICLE. HOWEVER, IF  IN  THE  JUDGMENT  OF
 EITHER  PARTY GOOD CAUSE EXISTS FOR DECLINING TO MAKE ANY OF THE DISCLO-

 A. 9505--B                         33
 
 SURES SET FORTH ABOVE, SUCH PARTY MAY MOVE FOR A PROTECTIVE ORDER PURSU-
 ANT TO SECTION 245.70 OF THIS ARTICLE AND PRODUCTION OF THE  ITEM  SHALL
 BE  STAYED  PENDING  A  RULING BY THE COURT. THE OPPOSING PARTY SHALL BE
 NOTIFIED  IN  WRITING  THAT INFORMATION HAS NOT   BEEN DISCLOSED UNDER A
 PARTICULAR SECTION. WHEN SOME  PARTS  OF  MATERIAL  OR  INFORMATION  ARE
 DISCOVERABLE  BUT  IN  THE  JUDGMENT  OF  A  PARTY GOOD CAUSE EXISTS FOR
 DECLINING TO DISCLOSE OTHER  PARTS,  THE  DISCOVERABLE  PARTS  SHALL  BE
 DISCLOSED  AND  THE  DISCLOSING PARTY SHALL GIVE NOTICE IN  WRITING THAT
 NON-DISCOVERABLE PARTS HAVE BEEN WITHHELD.
   6. REDACTIONS PERMITTED.  EITHER  PARTY  MAY  REDACT  SOCIAL  SECURITY
 NUMBERS AND TAX NUMBERS FROM DISCLOSURES UNDER THIS ARTICLE.
 § 245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
   1.  PRE-INDICTMENT  GUILTY  PLEAS.  UPON A FELONY COMPLAINT, WHERE THE
 PROSECUTION HAS MADE A PRE-INDICTMENT GUILTY PLEA OFFER REQUIRING A PLEA
 TO A CRIME, THE DEFENDANT SHALL HAVE THE RIGHT  UPON TIMELY REQUEST  AND
 REASONABLE  NOTICE TO THE PROSECUTION TO INSPECT ANY AVAILABLE POLICE OR
 OTHER LAW ENFORCEMENT AGENCY REPORT OF A FACTUAL  NATURE  REGARDING  THE
 ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY DESIGNATED AND AVAIL-
 ABLE  ITEMS  OR INFORMATION THAT COULD BE OF MATERIAL  IMPORTANCE TO THE
 DECISION ON THE GUILTY PLEA OFFER AND WOULD  BE  DISCOVERABLE  PRIOR  TO
 TRIAL UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE. THE PROS-
 ECUTION  SHALL  DISCLOSE THE REQUESTED AND  DESIGNATED ITEMS OR INFORMA-
 TION, AS WELL AS ANY KNOWN INFORMATION THAT TENDS TO BE  EXCULPATORY  OR
 TO  SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS THAN THREE CALENDAR
 DAYS PRIOR TO THE EXPIRATION DATE OF ANY GUILTY PLEA OFFER BY THE PROSE-
 CUTION OR ANY DEADLINE IMPOSED BY THE COURT FOR ACCEPTANCE OF A  NEGOTI-
 ATED GUILTY PLEA OFFER.  IF THE PROSECUTION DOES NOT COMPLY WITH A PROP-
 ER  REQUEST  MADE  PURSUANT  TO  THIS    SUBDIVISION, THE COURT MAY TAKE
 APPROPRIATE ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE, INCLUDING
 ALLOWING A GUILTY PLEA TO THE ORIGINAL GUILTY PLEA OFFER NOTWITHSTANDING
 OTHER PROVISIONS   OF THIS CHAPTER. THE  INSPECTION  RIGHTS  UNDER  THIS
 SUBDIVISION DO NOT APPLY TO ITEMS OR INFORMATION THAT ARE THE SUBJECT OF
 A  PROTECTIVE  ORDER  UNDER  SECTION 245.70 OF THIS ARTICLE; BUT IF SUCH
 INFORMATION TENDS TO BE EXCULPATORY,  THE  COURT  SHALL  RECONSIDER  THE
 PROTECTIVE  ORDER.  THE  COURT  MAY  DENY AN INSPECTION RIGHT UNDER THIS
 SUBDIVISION WHEN A REASONABLE PERSON IN THE DEFENDANT'S  POSITION  WOULD
 NOT  CONSIDER  THE REQUESTED AND DESIGNATED ITEM OR INFORMATION TO BE OF
 MATERIAL IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER. A  DEFEND-
 ANT  MAY  WAIVE  HIS  OR HER RIGHTS UNDER THIS SUBDIVISION; BUT A GUILTY
 PLEA OFFER MAY NOT BE CONDITIONED ON SUCH WAIVER.
   2. OTHER GUILTY PLEAS. UPON AN INDICTMENT, SUPERIOR COURT INFORMATION,
 PROSECUTOR'S    INFORMATION,  INFORMATION,  SIMPLIFIED  INFORMATION,  OR
 MISDEMEANOR  COMPLAINT,  WHERE  THE  PROSECUTION  HAS MADE A GUILTY PLEA
 OFFER REQUIRING A PLEA TO A CRIME, THE DEFENDANT SHALL  HAVE  THE  RIGHT
 UPON  TIMELY REQUEST AND REASONABLE NOTICE TO THE PROSECUTION TO INSPECT
 ANY AVAILABLE POLICE OR OTHER LAW ENFORCEMENT AGENCY REPORT OF A FACTUAL
 NATURE REGARDING THE ARREST OR INVESTIGATION OF THE CHARGES, AND/OR  ANY
 DESIGNATED  AND AVAILABLE ITEMS OR INFORMATION THAT COULD BE OF MATERIAL
 IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER AND WOULD BE DISCOV-
 ERABLE PRIOR TO TRIAL UNDER SUBDIVISION ONE OF SECTION  245.20  OF  THIS
 ARTICLE.  THE  PROSECUTION  SHALL  DISCLOSE THE REQUESTED AND DESIGNATED
 ITEMS OR INFORMATION, AS WELL AS ANY KNOWN INFORMATION THAT TENDS TO  BE
 EXCULPATORY  OR TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS THAN
 SEVEN CALENDAR DAYS PRIOR TO THE EXPIRATION  DATE  OF  ANY  GUILTY  PLEA
 OFFER  BY  THE  PROSECUTION  OR  ANY DEADLINE IMPOSED BY THE COURT FOR A
 GUILTY PLEA. IF THE PROSECUTION DOES NOT COMPLY WITH  A  PROPER  REQUEST

 A. 9505--B                         34
 
 MADE  PURSUANT  TO THIS SUBDIVISION, THE GUILTY PLEA OFFER MAY BE DEEMED
 AVAILABLE TO THE DEFENDANT UNTIL SEVEN CALENDAR DAYS  AFTER  THE  PROSE-
 CUTION  HAS  MADE THE DISCLOSURE OR THE COURT MAY TAKE OTHER APPROPRIATE
 ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE. THE INSPECTION RIGHTS
 UNDER THIS SUBDIVISION DO NOT APPLY TO ITEMS OR INFORMATION THAT ARE THE
 SUBJECT  OF A PROTECTIVE ORDER UNDER SECTION 245.70 OF THIS ARTICLE; BUT
 IF SUCH INFORMATION TENDS TO BE EXCULPATORY, THE COURT SHALL  RECONSIDER
 THE  PROTECTIVE ORDER. THE COURT MAY DENY AN INSPECTION RIGHT UNDER THIS
 SUBDIVISION  WHEN  A REASONABLE PERSON IN THE DEFENDANT'S POSITION WOULD
 NOT CONSIDER THE REQUESTED AND DESIGNATED ITEM OR INFORMATION TO  BE  OF
 MATERIAL  IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER. A DEFEND-
 ANT MAY WAIVE HIS OR HER RIGHTS UNDER THIS  SUBDIVISION,  BUT  A  GUILTY
 PLEA OFFER MAY NOT BE CONDITIONED ON SUCH WAIVER.
 § 245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
   1.  ORDER  TO  PRESERVE  EVIDENCE. AT ANY TIME, A PARTY MAY MOVE FOR A
 COURT ORDER TO ANY INDIVIDUAL, AGENCY OR  OTHER  ENTITY  IN  POSSESSION,
 CUSTODY  OR  CONTROL  OF ITEMS WHICH RELATE TO THE SUBJECT MATTER OF THE
 CASE OR ARE OTHERWISE RELEVANT, REQUIRING THAT SUCH ITEMS  BE  PRESERVED
 FOR  A SPECIFIED PERIOD OF TIME. THE COURT SHALL HEAR AND RULE UPON SUCH
 MOTIONS EXPEDITIOUSLY. THE  COURT MAY MODIFY OR  VACATE  SUCH  AN  ORDER
 UPON  A  SHOWING  THAT  PRESERVATION  OF PARTICULAR EVIDENCE WILL CREATE
 SIGNIFICANT HARDSHIP, ON CONDITION THAT  THE  PROBATIVE  VALUE  OF  THAT
 EVIDENCE IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
   2.  ORDER  TO GRANT ACCESS TO PREMISES. AT ANY TIME, THE DEFENDANT MAY
 MOVE FOR A COURT ORDER TO ANY INDIVIDUAL,  AGENCY  OR  OTHER  ENTITY  IN
 POSSESSION,  CUSTODY  OR CONTROL OF A CRIME SCENE OR OTHER PREMISES THAT
 RELATES TO THE SUBJECT MATTER OF THE  CASE  OR  IS  OTHERWISE  RELEVANT,
 REQUIRING  THAT  COUNSEL FOR THE DEFENDANT BE GRANTED PROMPT AND REASON-
 ABLE ACCESS TO INSPECT, PHOTOGRAPH OR MEASURE SUCH CRIME SCENE OR  PREM-
 ISES,  AND  THAT  THE  CONDITION  OF  THE CRIME SCENE OR PREMISES REMAIN
 UNCHANGED IN THE INTERIM. THE  COURT  SHALL  HEAR  AND  RULE  UPON  SUCH
 MOTIONS  EXPEDITIOUSLY.    THE  COURT MAY MODIFY OR VACATE SUCH AN ORDER
 UPON A SHOWING THAT GRANTING ACCESS TO A PARTICULAR CRIME SCENE OR PREM-
 ISES WILL CREATE SIGNIFICANT HARDSHIP, ON CONDITION THAT THE   PROBATIVE
 VALUE OF SUCH LOCATION IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
   3.  DISCRETIONARY  DISCOVERY  BY  ORDER OF THE COURT. THE COURT IN ITS
 DISCRETION MAY, UPON A SHOWING BY THE  DEFENDANT  THAT  THE  REQUEST  IS
 REASONABLE  AND  THAT  THE DEFENDANT IS UNABLE WITHOUT UNDUE HARDSHIP TO
 OBTAIN THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE PROSECUTION,
 OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT TO THE JURISDICTION OF
 THE COURT, TO MAKE AVAILABLE FOR DISCLOSURE TO THE DEFENDANT ANY MATERI-
 AL OR INFORMATION WHICH POTENTIALLY RELATES TO THE SUBJECT MATTER OF THE
 CASE AND IS REASONABLY LIKELY TO BE MATERIAL. A MOTION UNDER THIS SUBDI-
 VISION MUST  BE ON NOTICE TO ANY PERSON OR ENTITY AFFECTED BY THE ORDER.
 THE COURT MAY, UPON REQUEST OF ANY PERSON  OR  ENTITY  AFFECTED  BY  THE
 ORDER, MODIFY OR VACATE THE ORDER IF COMPLIANCE WOULD BE UNREASONABLE OR
 WILL  CREATE  SIGNIFICANT HARDSHIP. THE COURT MAY PERMIT A PARTY SEEKING
 OR OPPOSING A DISCRETIONARY ORDER OF DISCOVERY UNDER  THIS  SUBDIVISION,
 OR ANOTHER AFFECTED PERSON OR ENTITY, TO SUBMIT PAPERS OR TESTIFY ON THE
 RECORD  EX  PARTE OR IN CAMERA. ANY SUCH PAPERS AND A TRANSCRIPT OF SUCH
 TESTIMONY MAY BE SEALED AND SHALL CONSTITUTE A PART  OF  THE  RECORD  ON
 APPEAL.
 § 245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
   TO  FACILITATE  COMPLIANCE WITH THIS ARTICLE, AND TO REDUCE OR STREAM-
 LINE LITIGATION OF ANY  DISPUTES  ABOUT  DISCOVERY,  THE  COURT  IN  ITS
 DISCRETION MAY ISSUE AN ORDER:

 A. 9505--B                         35
 
   1.  REQUIRING  THAT THE PROSECUTOR AND COUNSEL FOR THE DEFENDANT DILI-
 GENTLY CONFER TO ATTEMPT TO REACH AN ACCOMMODATION  AS  TO  ANY  DISPUTE
 CONCERNING DISCOVERY PRIOR TO SEEKING A RULING FROM THE COURT;
   2.  REQUIRING  A  DISCOVERY  COMPLIANCE CONFERENCE AT A SPECIFIED TIME
 PRIOR TO TRIAL BETWEEN THE PROSECUTOR, COUNSEL FOR ALL  DEFENDANTS,  AND
 THE COURT OR ITS STAFF;
   3.  REQUIRING  THE  PROSECUTION  TO  FILE AN ADDITIONAL CERTIFICATE OF
 COMPLIANCE THAT STATES THAT  THE PROSECUTOR AND/OR AN APPROPRIATE  NAMED
 AGENT  HAS  MADE  REASONABLE  INQUIRIES OF ALL POLICE OFFICERS AND OTHER
 PERSONS WHO HAVE PARTICIPATED IN INVESTIGATING OR  EVALUATING  THE  CASE
 ABOUT  THE  EXISTENCE  OF  ANY  FAVORABLE EVIDENCE OR INFORMATION WITHIN
 PARAGRAPH (K) OF SUBDIVISION ONE OF  SECTION  245.20  OF  THIS  ARTICLE,
 INCLUDING  SUCH  EVIDENCE OR INFORMATION THAT WAS NOT REDUCED TO WRITING
 OR OTHERWISE MEMORIALIZED OR PRESERVED AS EVIDENCE,  AND  HAS  DISCLOSED
 ANY SUCH  INFORMATION TO THE DEFENDANT; AND/OR
   4.  REQUIRING  OTHER  MEASURES  OR  PROCEEDINGS DESIGNED TO CARRY INTO
 EFFECT THE GOALS OF THIS ARTICLE.
 § 245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
   1. AVAILABILITY. AFTER THE FILING OF  AN  ACCUSATORY  INSTRUMENT,  AND
 SUBJECT  TO  CONSTITUTIONAL   LIMITATIONS, THE COURT MAY, UPON MOTION OF
 THE PROSECUTION SHOWING PROBABLE CAUSE  TO  BELIEVE  THE  DEFENDANT  HAS
 COMMITTED  THE CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE
 WILL BE FOUND, AND THAT THE METHOD USED TO SECURE SUCH EVIDENCE IS  SAFE
 AND  RELIABLE, REQUIRE A DEFENDANT  TO PROVIDE NON-TESTIMONIAL EVIDENCE,
 INCLUDING TO:
   (A) APPEAR IN A LINEUP;
   (B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
   (C) BE FINGERPRINTED;
   (D) POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
   (E) PERMIT THE TAKING OF SAMPLES OF THE DEFENDANT'S BLOOD,  HAIR,  AND
 OTHER  MATERIALS  OF  THE DEFENDANT'S BODY THAT INVOLVES NO UNREASONABLE
 INTRUSION THEREOF;
   (F) PROVIDE SPECIMENS OF THE DEFENDANT'S HANDWRITING; AND
   (G) SUBMIT TO A REASONABLE  PHYSICAL  OR  MEDICAL  INSPECTION  OF  THE
 DEFENDANT'S BODY.
   2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
 WAY  AFFECT  THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY BE AUTHORIZED
 BY LAW, BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT,  CONSISTENT  WITH
 SUCH  RIGHTS  AS THE DEFENDANT MAY DERIVE FROM THE STATE CONSTITUTION OR
 THE UNITED STATES CONSTITUTION. THIS SECTION SHALL NOT BE  CONSTRUED  TO
 ALTER  OR  IN ANY WAY AFFECT THE ADMINISTRATION OF A CHEMICAL TEST WHERE
 OTHERWISE AUTHORIZED. AN ORDER PURSUANT TO THIS SECTION  MAY BE  DENIED,
 LIMITED OR CONDITIONED AS PROVIDED IN SECTION 245.70 OF THIS ARTICLE.
 § 245.45 DNA COMPARISON ORDER.
   WHERE  PROPERTY  IN  THE PROSECUTION'S POSSESSION, CUSTODY, OR CONTROL
 CONSISTS OF A   DEOXYRIBONUCLEIC  ACID  ("DNA")  PROFILE  OBTAINED  FROM
 PROBATIVE  BIOLOGICAL  MATERIAL GATHERED IN CONNECTION WITH THE INVESTI-
 GATION OF THE CRIME, OR THE DEFENDANT, OR THE PROSECUTION OF THE DEFEND-
 ANT, AND THE DEFENDANT ESTABLISHES (A) THAT SUCH PROFILE  COMPLIES  WITH
 FEDERAL  BUREAU  OF  INVESTIGATION  OR STATE REQUIREMENTS, WHICHEVER ARE
 APPLICABLE AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGEN-
 CIES SEEKING A KEYBOARD SEARCH OR SIMILAR COMPARISON, AND (B)  THAT  THE
 DATA MEETS STATE DNA INDEX  SYSTEM OR NATIONAL DNA INDEX SYSTEM CRITERIA
 AS  SUCH CRITERIA ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING SUCH A
 KEYBOARD SEARCH OR SIMILAR COMPARISON, THE COURT MAY, UPON MOTION  OF  A
 DEFENDANT  AGAINST  WHOM  AN  INDICTMENT,  SUPERIOR  COURT  INFORMATION,

 A. 9505--B                         36
 
 PROSECUTOR'S INFORMATION,  INFORMATION,  OR  SIMPLIFIED  INFORMATION  IS
 PENDING,  ORDER  AN  ENTITY  THAT  HAS  ACCESS TO THE COMBINED DNA INDEX
 SYSTEM OR ITS SUCCESSOR SYSTEM TO COMPARE SUCH DNA PROFILE  AGAINST  DNA
 DATABANKS    BY  KEYBOARD  SEARCHES,  OR  A SIMILAR METHOD THAT DOES NOT
 INVOLVE UPLOADING, UPON NOTICE TO BOTH PARTIES AND THE  ENTITY  REQUIRED
 TO  PERFORM  THE  SEARCH,  UPON  A  SHOWING BY THE DEFENDANT THAT SUCH A
 COMPARISON IS MATERIAL TO THE PRESENTATION OF HIS  OR  HER  DEFENSE  AND
 THAT  THE  REQUEST  IS  REASONABLE.    FOR  PURPOSES  OF THIS SECTION, A
 "KEYBOARD SEARCH" SHALL MEAN A SEARCH OF A  DNA  PROFILE  AGAINST    THE
 DATABANK  IN  WHICH  THE  PROFILE THAT IS SEARCHED IS NOT UPLOADED TO OR
 MAINTAINED IN THE  DATABANK.
 § 245.50 CERTIFICATES OF COMPLIANCE.
   1. BY THE PROSECUTION. WHEN THE PROSECUTION HAS PROVIDED THE DISCOVERY
 REQUIRED BY SUBDIVISION ONE OF SECTION 245.20 OF  THIS  ARTICLE,  EXCEPT
 FOR  ANY  ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN ORDER PURSUANT
 TO SECTION 245.70 OF THIS ARTICLE, IT SHALL SERVE UPON THE DEFENDANT AND
 FILE WITH THE COURT A CERTIFICATE  OF  COMPLIANCE.  THE  CERTIFICATE  OF
 COMPLIANCE  SHALL  STATE THAT, AFTER EXERCISING DUE DILIGENCE AND MAKING
 REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL  AND  INFOR-
 MATION  SUBJECT  TO  DISCOVERY,  THE  PROSECUTOR  HAS DISCLOSED AND MADE
 AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT  TO  DISCOVERY.  IT
 SHALL  ALSO  IDENTIFY  THE  ITEMS  PROVIDED.  IF ADDITIONAL DISCOVERY IS
 SUBSEQUENTLY PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION 245.60 OF  THIS
 ARTICLE,  A  SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON THE DEFENDANT
 AND FILED WITH THE COURT  IDENTIFYING THE ADDITIONAL MATERIAL AND INFOR-
 MATION PROVIDED. NO ADVERSE CONSEQUENCE TO THE PROSECUTION OR THE PROSE-
 CUTOR SHALL RESULT FROM THE FILING OF A  CERTIFICATE  OF  COMPLIANCE  IN
 GOOD   FAITH; BUT THE COURT MAY GRANT A REMEDY OR SANCTION FOR A DISCOV-
 ERY VIOLATION AS PROVIDED IN SECTION 245.80 OF THIS ARTICLE.
   2. BY THE DEFENDANT. WHEN THE DEFENDANT  HAS  PROVIDED  ALL  DISCOVERY
 REQUIRED  BY  SUBDIVISION FOUR OF SECTION 245.20 OF THIS ARTICLE, EXCEPT
 FOR ANY ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN  ORDER  PURSUANT
 TO SECTION 245.70 OF THIS ARTICLE, COUNSEL FOR THE DEFENDANT SHALL SERVE
 UPON  THE  PROSECUTION  AND FILE WITH THE COURT A CERTIFICATE OF COMPLI-
 ANCE.  THE CERTIFICATE SHALL STATE THAT, AFTER EXERCISING DUE  DILIGENCE
 AND  MAKING  REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL
 AND INFORMATION SUBJECT TO DISCOVERY,  COUNSEL  FOR  THE  DEFENDANT  HAS
 DISCLOSED  AND MADE AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT
 TO DISCOVERY. IT SHALL ALSO IDENTIFY THE ITEMS PROVIDED.  IF  ADDITIONAL
 DISCOVERY  IS  SUBSEQUENTLY  PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION
 245.60 OF THIS ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED  UPON
 THE  PROSECUTION  AND  FILED   WITH THE COURT IDENTIFYING THE ADDITIONAL
 MATERIAL AND INFORMATION  PROVIDED.  NO  ADVERSE    CONSEQUENCE  TO  THE
 DEFENDANT OR COUNSEL FOR THE DEFENDANT SHALL RESULT FROM THE FILING OF A
 CERTIFICATE OF COMPLIANCE IN GOOD FAITH; BUT THE COURT MAY GRANT A REME-
 DY  OR  SANCTION FOR A DISCOVERY VIOLATION AS PROVIDED IN SECTION 245.80
 OF THIS ARTICLE.
 § 245.55 FLOW OF INFORMATION.
   1. SUFFICIENT COMMUNICATION FOR COMPLIANCE. THE DISTRICT ATTORNEY  AND
 THE  ASSISTANT  RESPONSIBLE FOR THE CASE, OR, IF THE MATTER IS NOT BEING
 PROSECUTED BY THE DISTRICT ATTORNEY,  THE  PROSECUTING  AGENCY  AND  ITS
 ASSIGNED  REPRESENTATIVE, SHALL ENDEAVOR TO ENSURE THAT A FLOW OF INFOR-
 MATION IS MAINTAINED BETWEEN THE POLICE AND OTHER INVESTIGATIVE  PERSON-
 NEL  AND  HIS  OR  HER  OFFICE  SUFFICIENT  TO  PLACE  WITHIN HIS OR HER
 POSSESSION OR CONTROL ALL MATERIAL  AND  INFORMATION  PERTINENT  TO  THE
 DEFENDANT AND THE OFFENSE OR OFFENSES CHARGED, INCLUDING, BUT NOT LIMIT-

 A. 9505--B                         37
 
 ED  TO,  ANY EVIDENCE OR INFORMATION DISCOVERABLE UNDER PARAGRAPH (K) OF
 SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE.
   2.  PROVISION OF LAW ENFORCEMENT AGENCY FILES. ABSENT A COURT ORDER OR
 CLEAR SECURITY REQUIREMENT, UPON REQUEST BY THE PROSECUTION, A NEW  YORK
 STATE  LAW  ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE PROSECUTION A
 COMPLETE COPY OF ITS COMPLETE FILES RELATED TO THE INVESTIGATION OF  THE
 CASE  OR THE PROSECUTION OF THE DEFENDANT FOR COMPLIANCE WITH THIS ARTI-
 CLE.
   3.  911  TELEPHONE  CALL  AND  POLICE  RADIO  TRANSMISSION  ELECTRONIC
 RECORDINGS,   POLICE  WORN  BODY  CAMERA  RECORDINGS  AND  OTHER  POLICE
 RECORDINGS.  (A) WHENEVER AN ELECTRONIC RECORDING  OF  A  911  TELEPHONE
 CALL  OR  A  POLICE  RADIO TRANSMISSION OR VIDEO OR AUDIO FOOTAGE FROM A
 POLICE BODY-WORN CAMERA OR OTHER POLICE RECORDING WAS MADE  OR  RECEIVED
 IN   CONNECTION WITH THE INVESTIGATION OF AN APPARENT CRIMINAL INCIDENT,
 THE ARRESTING OFFICER OR LEAD  DETECTIVE SHALL EXPEDITIOUSLY NOTIFY  THE
 PROSECUTION  IN  WRITING  UPON THE FILING OF AN ACCUSATORY INSTRUMENT OF
 THE EXISTENCE OF ALL SUCH KNOWN RECORDINGS. THE PROSECUTION SHALL  EXPE-
 DITIOUSLY  TAKE  WHATEVER  REASONABLE STEPS ARE NECESSARY TO ENSURE THAT
 ALL KNOWN ELECTRONIC RECORDINGS OF 911  TELEPHONE  CALLS,  POLICE  RADIO
 TRANSMISSIONS  AND  VIDEO  AND AUDIO FOOTAGE AND OTHER POLICE RECORDINGS
 MADE OR AVAILABLE IN CONNECTION WITH THE CASE ARE  PRESERVED  THROUGHOUT
 THE PENDENCY OF THE CASE. UPON THE DEFENDANT'S TIMELY REQUEST AND DESIG-
 NATION  OF  A SPECIFIC ELECTRONIC RECORDING OF A 911 TELEPHONE CALL, THE
 PROSECUTION SHALL ALSO  EXPEDITIOUSLY TAKE WHATEVER REASONABLE STEPS ARE
 NECESSARY TO ENSURE THAT IT IS PRESERVED THROUGHOUT THE PENDENCY OF  THE
 CASE.
   (B)  IF THE PROSECUTION FAILS TO DISCLOSE SUCH AN ELECTRONIC RECORDING
 TO THE DEFENDANT PURSUANT TO PARAGRAPH (E), (G) OR  (K)  OF  SUBDIVISION
 ONE  OF  SECTION  245.20 OF THIS ARTICLE DUE TO A FAILURE TO COMPLY WITH
 THIS OBLIGATION BY POLICE OFFICERS OR OTHER LAW  ENFORCEMENT  OR  PROSE-
 CUTION PERSONNEL, THE COURT UPON MOTION OF THE DEFENDANT SHALL IMPOSE AN
 APPROPRIATE  REMEDY OR SANCTION PURSUANT TO SECTION 245.80 OF THIS ARTI-
 CLE.
 § 245.60 CONTINUING DUTY TO DISCLOSE.
   IF EITHER THE PROSECUTION OR  THE  DEFENDANT  SUBSEQUENTLY  LEARNS  OF
 ADDITIONAL MATERIAL OR INFORMATION WHICH IT WOULD HAVE BEEN UNDER A DUTY
 TO  DISCLOSE PURSUANT TO ANY PROVISIONS OF THIS ARTICLE AT THE TIME OF A
 PREVIOUS DISCOVERY OBLIGATION OR DISCOVERY ORDER, IT SHALL EXPEDITIOUSLY
 NOTIFY THE OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL OR  INFORMA-
 TION  AS  REQUIRED  FOR  INITIAL  DISCOVERY  UNDER  THIS  ARTICLE.  THIS
 PROVISION ALSO REQUIRES EXPEDITIOUS DISCLOSURE  BY  THE  PROSECUTION  OF
 MATERIAL OR INFORMATION THAT BECAME RELEVANT TO THE CASE OR DISCOVERABLE
 BASED  UPON RECIPROCAL DISCOVERY RECEIVED FROM THE DEFENDANT PURSUANT TO
 SUBDIVISION FOUR OF SECTION 245.20 OF THIS ARTICLE.
 § 245.65 WORK PRODUCT.
   THIS ARTICLE DOES NOT AUTHORIZE DISCOVERY BY A PARTY OF THOSE PORTIONS
 OF RECORDS, REPORTS, CORRESPONDENCE, MEMORANDA, OR INTERNAL DOCUMENTS OF
 THE  ADVERSE PARTY WHICH ARE ONLY THE LEGAL RESEARCH, OPINIONS, THEORIES
 OR CONCLUSIONS OF THE ADVERSE PARTY OR ITS ATTORNEY  OR  THE  ATTORNEY'S
 AGENTS,  OR  OF STATEMENTS OF A DEFENDANT, WRITTEN OR RECORDED OR SUMMA-
 RIZED IN ANY WRITING OR RECORDING, MADE TO THE ATTORNEY FOR THE  DEFEND-
 ANT OR THE ATTORNEY'S AGENTS.
 § 245.70 PROTECTIVE ORDERS.
   1.  ANY  DISCOVERY SUBJECT TO PROTECTIVE ORDER. UPON A SHOWING OF GOOD
 CAUSE BY EITHER PARTY, THE COURT MAY AT ANY TIME ORDER THAT DISCOVERY OR
 INSPECTION OF ANY KIND OF MATERIAL OR INFORMATION UNDER THIS ARTICLE  BE

 A. 9505--B                         38
 
 DENIED, RESTRICTED, CONDITIONED OR DEFERRED, OR MAKE SUCH OTHER ORDER AS
 IS  APPROPRIATE.  THE  COURT MAY IMPOSE AS A CONDITION ON DISCOVERY TO A
 DEFENDANT THAT THE MATERIAL OR INFORMATION TO BE DISCOVERED BE AVAILABLE
 ONLY  TO COUNSEL FOR THE DEFENDANT; OR,  ALTERNATIVELY, THAT COUNSEL FOR
 THE DEFENDANT, AND PERSONS EMPLOYED BY THE ATTORNEY OR APPOINTED BY  THE
 COURT  TO  ASSIST  IN  THE  PREPARATION  OF  A DEFENDANT'S CASE, MAY NOT
 DISCLOSE PHYSICAL COPIES OF THE DISCOVERABLE DOCUMENTS TO A DEFENDANT OR
 TO ANYONE ELSE, PROVIDED THAT  THE  PROSECUTION  AFFORDS  THE  DEFENDANT
 ACCESS  TO  INSPECT  REDACTED  COPIES OF THE DISCOVERABLE DOCUMENTS AT A
 SUPERVISED LOCATION THAT PROVIDES REGULAR AND REASONABLE HOURS FOR  SUCH
 ACCESS,  SUCH  AS  A  PROSECUTOR'S  OFFICE,  POLICE STATION, FACILITY OF
 DETENTION, OR COURT. THE COURT MAY PERMIT A PARTY  SEEKING OR OPPOSING A
 PROTECTIVE ORDER UNDER THIS SECTION,  OR  ANOTHER  AFFECTED  PERSON,  TO
 SUBMIT  PAPERS  OR TESTIFY ON THE RECORD EX PARTE OR IN CAMERA. ANY SUCH
 PAPERS AND A TRANSCRIPT OF  SUCH  TESTIMONY  MAY  BE  SEALED  AND  SHALL
 CONSTITUTE  A PART OF THE RECORD ON APPEAL. THIS SECTION DOES NOT  ALTER
 THE ALLOCATION OF THE BURDEN OF PROOF WITH REGARD TO MATTERS  AT  ISSUE,
 INCLUDING PRIVILEGE.
   2.  MODIFICATION OF TIME PERIODS FOR DISCOVERY. UPON MOTION OF A PARTY
 IN AN INDIVIDUAL  CASE, THE COURT MAY ALTER THE TIME PERIODS FOR DISCOV-
 ERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF GOOD CAUSE.
   3. PROMPT HEARING. UPON REQUEST FOR  A  PROTECTIVE  ORDER,  THE  COURT
 SHALL  CONDUCT  AN  APPROPRIATE  HEARING  WITHIN  THREE BUSINESS DAYS TO
 DETERMINE WHETHER GOOD CAUSE HAS BEEN SHOWN AND WHEN  PRACTICABLE  SHALL
 RENDER  DECISION EXPEDITIOUSLY. ANY MATERIALS SUBMITTED AND A TRANSCRIPT
 OF THE PROCEEDING MAY BE SEALED AND  SHALL  CONSTITUTE  A  PART  OF  THE
 RECORD ON APPEAL.
   4.  SHOWING  OF GOOD CAUSE. GOOD CAUSE UNDER THIS SECTION MAY INCLUDE:
 CONSTITUTIONAL  RIGHTS OR LIMITATIONS; DANGER TO THE INTEGRITY OF  PHYS-
 ICAL  EVIDENCE;  A  SUBSTANTIAL  RISK  OF PHYSICAL   HARM, INTIMIDATION,
 ECONOMIC REPRISAL, BRIBERY OR UNJUSTIFIED ANNOYANCE OR EMBARRASSMENT  TO
 ANY  PERSON; A SUBSTANTIAL RISK OF AN ADVERSE EFFECT UPON THE LEGITIMATE
 NEEDS OF LAW ENFORCEMENT,  INCLUDING THE PROTECTION OF THE CONFIDENTIAL-
 ITY OF INFORMANTS; DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS  A
 DEFENDANT'S   GANG   AFFILIATION,  PRIOR  HISTORY  OF  INTERFERING  WITH
 WITNESSES, OR THREATS OR  INTIMIDATING  ACTIONS  DIRECTED  AT  POTENTIAL
 WITNESSES;  OR  OTHER SIMILAR FACTORS THAT ALSO  OUTWEIGH THE USEFULNESS
 OF THE DISCOVERY.
   5. SUCCESSOR COUNSEL OR PRO SE DEFENDANT. IN CASES IN WHICH THE ATTOR-
 NEY-CLIENT  RELATIONSHIP IS TERMINATED PRIOR TO TRIAL  FOR  ANY  REASON,
 ANY MATERIAL OR INFORMATION DISCLOSED  SUBJECT TO A CONDITION THAT IT BE
 AVAILABLE ONLY TO COUNSEL FOR THE DEFENDANT, OR LIMITED IN DISSEMINATION
 BY  PROTECTIVE  ORDER  OR OTHERWISE, SHALL BE PROVIDED ONLY TO SUCCESSOR
 COUNSEL FOR THE DEFENDANT UNDER THE SAME CONDITION OR CONDITIONS  OR  BE
 RETURNED  TO  THE PROSECUTION, UNLESS THE COURT RULES OTHERWISE FOR GOOD
 CAUSE SHOWN OR THE PROSECUTOR GIVES WRITTEN CONSENT.  ANY  WORK  PRODUCT
 DERIVED  FROM  SUCH MATERIAL OR INFORMATION SHALL NOT BE PROVIDED TO THE
 DEFENDANT, UNLESS THE COURT RULES  OTHERWISE  OR  THE  PROSECUTOR  GIVES
 WRITTEN CONSENT. IF THE DEFENDANT IS ACTING AS HIS  OR HER OWN ATTORNEY,
 THE  COURT  MAY  REGULATE  THE  TIME,  PLACE AND MANNER OF ACCESS TO ANY
 DISCOVERABLE MATERIAL OR INFORMATION; AND IT MAY AS APPROPRIATE  APPOINT
 PERSONS  TO  ASSIST THE DEFENDANT IN THE INVESTIGATION OR PREPARATION OF
 THE CASE. UPON MOTION OR APPLICATION OF A DEFENDANT ACTING AS HIS OR HER
 OWN ATTORNEY, THE COURT MAY AT ANY TIME MODIFY OR VACATE  ANY  CONDITION
 OR  RESTRICTION  RELATING TO ACCESS TO DISCOVERABLE MATERIAL OR INFORMA-
 TION, FOR GOOD CAUSE  SHOWN.

 A. 9505--B                         39
 
   6. EXPEDITED REVIEW OF ADVERSE RULING. (A) A PARTY THAT HAS UNSUCCESS-
 FULLY SOUGHT, OR UNSUCCESSFULLY OPPOSED THE GRANTING  OF,  A  PROTECTIVE
 ORDER UNDER THIS SECTION RELATING TO THE NAME, ADDRESS, CONTACT INFORMA-
 TION  OR  STATEMENTS  OF  A  PERSON  MAY OBTAIN EXPEDITED REVIEW OF THAT
 RULING  BY  AN INDIVIDUAL JUSTICE OF THE INTERMEDIATE APPELLATE COURT TO
 WHICH AN APPEAL FROM A JUDGMENT OF  CONVICTION  IN  THE  CASE  WOULD  BE
 TAKEN.
   (B)  SUCH  REVIEW  SHALL  BE  SOUGHT  WITHIN  TWO BUSINESS DAYS OF THE
 ADVERSE OR PARTIALLY ADVERSE RULING, BY ORDER TO SHOW CAUSE  FILED  WITH
 THE INTERMEDIATE APPELLATE COURT. THE ORDER TO SHOW CAUSE SHALL IN ADDI-
 TION  BE TIMELY SERVED ON THE LOWER COURT AND ON THE OPPOSING PARTY, AND
 SHALL BE ACCOMPANIED BY A SWORN AFFIRMATION STATING IN  GOOD  FAITH  (I)
 THAT  THE  RULING AFFECTS  SUBSTANTIAL INTERESTS, AND (II) THAT DILIGENT
 EFFORTS TO REACH AN ACCOMMODATION OF THE  UNDERLYING  DISCOVERY  DISPUTE
 WITH  OPPOSING  COUNSEL  FAILED  OR  THAT NO ACCOMMODATION WAS FEASIBLE;
 EXCEPT THAT SERVICE ON THE OPPOSING PARTY,  AND  A  STATEMENT  REGARDING
 EFFORTS  TO  REACH  AN ACCOMMODATION, ARE UNNECESSARY WHERE THE OPPOSING
 PARTY WAS NOT MADE AWARE OF THE APPLICATION FOR A PROTECTIVE  ORDER  AND
 GOOD CAUSE EXISTS FOR OMITTING SERVICE OF THE ORDER TO SHOW CAUSE ON THE
 OPPOSING  PARTY.  THE  LOWER  COURT'S  ORDER  SUBJECT TO REVIEW SHALL BE
 STAYED UNTIL THE APPELLATE JUSTICE RENDERS  DECISION.
   (C) THE ASSIGNMENT OF THE INDIVIDUAL APPELLATE JUSTICE, AND  THE  MODE
 OF AND PROCEDURE FOR THE REVIEW, ARE DETERMINED BY RULES OF THE INDIVID-
 UAL  APPELLATE  COURTS.  THE APPELLATE JUSTICE MAY CONSIDER ANY RELEVANT
 AND RELIABLE INFORMATION BEARING ON THE ISSUE,  AND  MAY  DISPENSE  WITH
 WRITTEN  BRIEFS  OTHER THAN SUPPORTING AND OPPOSING MATERIALS PREVIOUSLY
 SUBMITTED TO THE LOWER COURT. THE APPELLATE JUSTICE  MAY  DISPENSE  WITH
 THE  ISSUANCE OF A WRITTEN OPINION IN RENDERING HIS OR HER DECISION, AND
 WHEN PRACTICABLE SHALL RENDER DECISION EXPEDITIOUSLY.  SUCH  REVIEW  AND
 DECISION  SHALL  NOT  AFFECT  THE  RIGHT OF A DEFENDANT, IN A SUBSEQUENT
 APPEAL FROM A JUDGMENT OF CONVICTION,  TO  CLAIM  AS  ERROR  THE  RULING
 REVIEWED.
   7. COMPLIANCE WITH PROTECTIVE ORDER. ANY PROTECTIVE ORDER ISSUED UNDER
 THIS  ARTICLE  IS  A MANDATE OF THE COURT FOR PURPOSES OF THE OFFENSE OF
 CRIMINAL CONTEMPT IN SUBDIVISION THREE OF SECTION 215.50  OF  THE  PENAL
 LAW.
 § 245.75 WAIVER OF DISCOVERY BY DEFENDANT.
   A  DEFENDANT  WHO  DOES  NOT SEEK DISCOVERY FROM THE PROSECUTION UNDER
 THIS ARTICLE SHALL SO   NOTIFY THE PROSECUTION  AND  THE  COURT  AT  THE
 DEFENDANT'S  ARRAIGNMENT  ON  AN INDICTMENT, SUPERIOR COURT INFORMATION,
 PROSECUTOR'S INFORMATION, INFORMATION,  OR  SIMPLIFIED  INFORMATION,  OR
 EXPEDITIOUSLY  THEREAFTER BUT BEFORE RECEIVING DISCOVERY FROM THE PROSE-
 CUTION PURSUANT TO  SUBDIVISION ONE OF SECTION 245.20 OF  THIS  ARTICLE,
 AND THE DEFENDANT NEED NOT PROVIDE DISCOVERY TO THE PROSECUTION PURSUANT
 TO  SUBDIVISION  FOUR OF SECTION 245.20 AND SECTION 245.60 OF THIS ARTI-
 CLE.  A WAIVER SHALL BE IN WRITING AND SIGNED BY THE DEFENDANT AND COUN-
 SEL FOR THE DEFENDANT. SUCH A   WAIVER DOES NOT  ALTER  OR  IN  ANY  WAY
 AFFECT  THE  PROCEDURES,  OBLIGATIONS  OR  RIGHTS  SET FORTH IN SECTIONS
 250.10, 250.20 AND 250.30 OF THIS TITLE,  OR  OTHERWISE  ESTABLISHED  OR
 REQUIRED  BY LAW.  THE PROSECUTION MAY NOT CONDITION A GUILTY PLEA OFFER
 ON THE DEFENDANT'S EXECUTION OF A WAIVER UNDER THIS SECTION.
 § 245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
   1. NEED FOR REMEDY OR SANCTION. (A) WHEN MATERIAL  OR  INFORMATION  IS
 DISCOVERABLE  UNDER  THIS  ARTICLE BUT IS DISCLOSED BELATEDLY, THE COURT
 SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
 DISCLOSURE  SHOWS  THAT  IT  WAS  PREJUDICED. REGARDLESS OF A SHOWING OF

 A. 9505--B                         40
 
 PREJUDICE THE PARTY ENTITLED TO DISCLOSURE  SHALL  BE  GIVEN  REASONABLE
 TIME TO PREPARE AND RESPOND TO THE NEW MATERIAL.
   (B)  WHEN  MATERIAL  OR INFORMATION IS DISCOVERABLE UNDER THIS ARTICLE
 BUT CANNOT BE DISCLOSED BECAUSE IT HAS BEEN LOST OR DESTROYED, THE COURT
 SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
 DISCLOSURE  SHOWS THAT THE LOST OR DESTROYED MATERIAL MAY HAVE CONTAINED
 SOME INFORMATION RELEVANT TO A CONTESTED ISSUE. THE  APPROPRIATE  REMEDY
 OR  SANCTION  IS    THAT WHICH IS PROPORTIONATE TO THE POTENTIAL WAYS IN
 WHICH THE LOST OR DESTROYED MATERIAL  REASONABLY COULD HAVE BEEN HELPFUL
 TO THE PARTY ENTITLED TO DISCLOSURE.
   2. AVAILABLE REMEDIES OR SANCTIONS. FOR FAILURE  TO  COMPLY  WITH  ANY
 DISCOVERY  ORDER  IMPOSED  OR ISSUED PURSUANT TO THIS ARTICLE, THE COURT
 MAY MAKE A FURTHER ORDER FOR DISCOVERY, GRANT A CONTINUANCE, ORDER  THAT
 A  HEARING  BE  REOPENED,  ORDER  THAT  A WITNESS BE CALLED OR RECALLED,
 INSTRUCT THE JURY THAT IT MAY DRAW AN ADVERSE  INFERENCE  REGARDING  THE
 NON-COMPLIANCE, PRECLUDE OR STRIKE A WITNESS'S TESTIMONY OR A PORTION OF
 A  WITNESS'S  TESTIMONY,  ADMIT OR EXCLUDE EVIDENCE,   ORDER A MISTRIAL,
 ORDER THE DISMISSAL OF ALL OR SOME OF THE CHARGES, OR  MAKE  SUCH  OTHER
 ORDER AS IT DEEMS JUST UNDER THE CIRCUMSTANCES; EXCEPT THAT ANY SANCTION
 AGAINST  THE DEFENDANT SHALL COMPORT WITH THE DEFENDANT'S CONSTITUTIONAL
 RIGHT TO PRESENT A DEFENSE, AND  PRECLUDING  A  DEFENSE  WITNESS    FROM
 TESTIFYING SHALL BE PERMISSIBLE ONLY UPON A FINDING THAT THE DEFENDANT'S
 FAILURE  TO  COMPLY   WITH THE DISCOVERY OBLIGATION OR ORDER WAS WILLFUL
 AND MOTIVATED BY A DESIRE TO OBTAIN A TACTICAL  ADVANTAGE.
   3. CONSEQUENCES OF NON-DISCLOSURE OF STATEMENT  OF  TESTIFYING  PROSE-
 CUTION WITNESS. THE FAILURE OF THE PROSECUTOR OR ANY AGENT OF THE PROSE-
 CUTOR  TO  DISCLOSE  ANY  WRITTEN OR RECORDED STATEMENT MADE BY A PROSE-
 CUTION WITNESS WHICH RELATES TO THE  SUBJECT  MATTER  OF  THE  WITNESS'S
 TESTIMONY  SHALL  NOT  CONSTITUTE  GROUNDS  FOR ANY COURT TO ORDER A NEW
 PRE-TRIAL HEARING OR SET ASIDE  A  CONVICTION,  OR  REVERSE,  MODIFY  OR
 VACATE  A  JUDGMENT  OF  CONVICTION,  IN THE ABSENCE OF A SHOWING BY THE
 DEFENDANT THAT THERE IS A REASONABLE POSSIBILITY THAT THE NON-DISCLOSURE
 MATERIALLY CONTRIBUTED TO THE RESULT OF THE TRIAL OR  OTHER  PROCEEDING;
 PROVIDED,  HOWEVER,  THAT NOTHING IN THIS  SECTION SHALL AFFECT OR LIMIT
 ANY RIGHT THE DEFENDANT MAY HAVE TO A REOPENED  PRE-TRIAL  HEARING  WHEN
 SUCH STATEMENTS WERE DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT TRIAL.
 § 245.85 ADMISSIBILITY OF DISCOVERY.
   THE  FACT  THAT  A PARTY HAS INDICATED DURING THE DISCOVERY PROCESS AN
 INTENTION TO OFFER SPECIFIED EVIDENCE OR TO CALL A SPECIFIED WITNESS  IS
 NOT  ADMISSIBLE  IN EVIDENCE OR GROUNDS FOR ADVERSE COMMENT AT A HEARING
 OR A TRIAL.
   § 3. Subdivision 3 of section 610.20 of the criminal procedure law  is
 amended and a new subdivision 4 is added to read as follows:
   3.  An attorney for a defendant in a criminal action or proceeding, as
 an  officer  of  a  criminal  court, may issue a subpoena of such court,
 subscribed by himself, for the attendance in such court of  any  witness
 whom the defendant is entitled to call in such action or proceeding.  An
 attorney  for  a  defendant  may not issue a subpoena duces tecum of the
 court directed to any department, bureau or agency of the state or of  a
 political subdivision thereof, or to any officer or representative ther-
 eof,  UNLESS THE SUBPOENA IS ENDORSED BY THE COURT AND PROVIDES AT LEAST
 THREE DAYS FOR THE PRODUCTION OF THE REQUESTED MATERIALS. IN THE CASE OF
 AN EMERGENCY, THE  COURT  MAY  BY  ORDER  DISPENSE  WITH  THE  THREE-DAY
 PRODUCTION  PERIOD.  Such a subpoena duces tecum may be issued in behalf
 of a defendant upon order of a court pursuant to the rules applicable to

 A. 9505--B                         41

 civil cases as provided in section twenty-three  hundred  seven  of  the
 civil practice law and rules.
   4.  THE SHOWING REQUIRED TO SUSTAIN ANY SUBPOENA UNDER THIS SECTION IS
 THAT THE  TESTIMONY OR EVIDENCE SOUGHT IS REASONABLY LIKELY TO BE  RELE-
 VANT AND MATERIAL TO THE  PROCEEDINGS, AND THE SUBPOENA IS NOT OVERBROAD
 OR UNREASONABLY BURDENSOME.
   §  4. Section 65.20 of the criminal procedure law, as added by chapter
 505 of the laws of 1985, subdivision 2 as added, the  opening  paragraph
 of  subdivision  10 as amended and subdivisions 3, 4, 5, 6, 7, 8, 9, 10,
 11, 12 and 13 as renumbered by chapter 548 of the laws of 2007, subdivi-
 sion 7 and paragraph (k) of subdivision 10 as amended by chapter 320  of
 the laws of 2006 and subdivisions 11 and 12 as amended by chapter 455 of
 the laws of 1991, is amended to read as follows:
 § 65.20 Closed-circuit television; procedure for application and grounds
             for determination.
   1.  Prior  to  the commencement of a criminal proceeding; other than a
 grand jury proceeding, either party may apply to the court for an  order
 declaring that a child witness is vulnerable.
   2.  A  child  witness should be declared vulnerable when the court, in
 accordance with the provisions of this section, determines by clear  and
 convincing  evidence  that the child witness would suffer serious mental
 or emotional harm that would substantially  impair  the  child  witness'
 ability  to communicate with the finder of fact without the use of live,
 two-way closed-circuit television.
   3. A motion pursuant to subdivision one of this section must  be  made
 in writing at least eight days before the commencement of trial or other
 criminal  proceeding  upon reasonable notice to the other party and with
 an opportunity to be heard.
   4. The motion papers must state the basis  for  the  motion  and  must
 contain sworn allegations of fact which, if true, would support a deter-
 mination by the court that the child witness is vulnerable. Such allega-
 tions  may  be based upon the personal knowledge of the deponent or upon
 information and belief, provided that, in the latter event, the  sources
 of such information and the grounds for such belief are stated.
   5. The answering papers may admit or deny any of the alleged facts and
 may,  in  addition,  contain  sworn  allegations of fact relevant to the
 motion, including the rights of the defendant, the need to  protect  the
 child  witness  and  the  integrity of the truth-finding function of the
 trier of fact.
   6. Unless all material facts alleged in support  of  the  motion  made
 pursuant  to  subdivision  one  of  this section are conceded, the court
 shall, in addition to examining the papers and  hearing  oral  argument,
 conduct  an  appropriate  hearing  for the purpose of making findings of
 fact essential to the determination of the motion. Except as provided in
 subdivision [six] SEVEN of this section, it may  subpoena  or  call  and
 examine witnesses, who must either testify under oath or be permitted to
 give  unsworn testimony pursuant to subdivision two of section 60.20 and
 must authorize the attorneys for the parties to do the same.
   7. Notwithstanding any other provision of law, the child  witness  who
 is  alleged  to  be  vulnerable  may not be compelled to testify at such
 hearing or to submit to any psychological  or  psychiatric  examination.
 The failure of the child witness to testify at such hearing shall not be
 a  ground  for denying a motion made pursuant to subdivision one of this
 section. Prior statements made by the  child  witness  relating  to  any
 allegations  of  conduct  constituting an offense defined in article one
 hundred thirty of the penal law or incest as defined in section  255.25,

 A. 9505--B                         42
 
 255.26  or  255.27  of such law or to any allegation of words or conduct
 constituting an attempt to prevent, impede or deter  the  child  witness
 from  cooperating  in  the  investigation  or prosecution of the offense
 shall  be admissible at such hearing, provided, however, that a declara-
 tion that a child witness is vulnerable may not  be  based  solely  upon
 such prior statements.
   8.  (a) Notwithstanding any of the provisions of article forty-five of
 the civil practice law and rules, any physician, psychologist, nurse  or
 social  worker  who has treated a child witness may testify at a hearing
 conducted pursuant to subdivision [five] SIX of this section  concerning
 the  treatment  of  such  child witness as such treatment relates to the
 issue presented at the hearing, provided that any  otherwise  applicable
 statutory privileges concerning communications between the child witness
 and  such  physician, psychologist, nurse or social worker in connection
 with such treatment shall not be deemed waived by such testimony  alone,
 except to the limited extent of permitting the court alone to examine in
 camera  reports,  records  or documents, if any, prepared by such physi-
 cian, psychologist, nurse or social worker. If upon such examination the
 court determines that such reports, records or documents, or any one  or
 portion  thereof, contain information material and relevant to the issue
 of whether the child witness is a vulnerable child  witness,  the  court
 shall  disclose  such information to both the attorney for the defendant
 and the district attorney.
   (b) At any time after a motion has been made pursuant  to  subdivision
 one of this section, upon the demand of the other party the moving party
 must  furnish  the  demanding  party  with a copy of any and all of such
 records, reports or other documents in  the  possession  of  such  other
 party  and  must,  in addition, supply the court with a copy of all such
 reports, records or other documents which are the subject of the demand.
 At any time after a demand has been made pursuant to this paragraph, the
 moving party may demand that property of the same kind or  character  in
 possession of the party that originally made such demand be furnished to
 the  moving party and, if so furnished, be supplied, in addition, to the
 court.
   9. (a) Prior to the commencement of the hearing conducted pursuant  to
 subdivision  [five]  SIX  of  this section, the district attorney shall,
 subject to a protective order, comply with the provisions  of  PARAGRAPH
 (C)  OF  subdivision  one  of section [240.45] 245.20 of this chapter as
 they concern any witness whom the district attorney intends to  call  at
 the hearing and the child witness.
   (b)  Before  a  defendant  calls  a witness at such hearing, he or she
 must, subject to a protective  order,  comply  with  the  provisions  of
 subdivision  [two]  FOUR  of  section [240.45] 245.20 of this chapter as
 they concern all the witnesses the defendant intends  to  call  at  such
 hearing.
   10.  The  court may consider, in determining whether there are factors
 which would  cause  the  child  witness  to  suffer  serious  mental  or
 emotional  harm, a finding that any one or more of the following circum-
 stances have been established by clear and convincing evidence:
   (a) The manner of the commission of the offense of which the defendant
 is accused was particularly heinous or was characterized by  aggravating
 circumstances.
   (b)  The child witness is particularly young or otherwise particularly
 subject to psychological harm on account of a physical or mental  condi-
 tion which existed before the alleged commission of the offense.

 A. 9505--B                         43
 
   (c) At the time of the alleged offense, the defendant occupied a posi-
 tion of authority with respect to the child witness.
   (d)  The offense or offenses charged were part of an ongoing course of
 conduct committed by the defendant against the  child  witness  over  an
 extended period of time.
   (e)  A deadly weapon or dangerous instrument was allegedly used during
 the commission of the crime.
   (f) The defendant has inflicted serious physical injury upon the child
 witness.
   (g) A threat, express or implied, of physical violence  to  the  child
 witness  or a third person if the child witness were to report the inci-
 dent to any person or communicate information to  or  cooperate  with  a
 court,  grand jury, prosecutor, police officer or peace officer concern-
 ing the incident has been made by or on behalf of the defendant.
   (h) A threat, express or implied, of the incarceration of a parent  or
 guardian of the child witness, the removal of the child witness from the
 family  or  the  dissolution  of  the family of the child witness if the
 child witness were to report the incident to any person  or  communicate
 information to or cooperate with a court, grand jury, prosecutor, police
 officer  or peace officer concerning the incident has been made by or on
 behalf of the defendant.
   (i) A witness other than the child witness has received  a  threat  of
 physical violence directed at such witness or to a third person by or on
 behalf of the defendant.
   (j)  The  defendant,  at the time of the inquiry, (i) is living in the
 same household with the child witness, (ii)  has  ready  access  to  the
 child  witness  or  (iii) is providing substantial financial support for
 the child witness.
   (k) The child witness has previously been the  victim  of  an  offense
 defined  in  article  one  hundred  thirty of the penal law or incest as
 defined in section 255.25, 255.26 or 255.27 of such law.
   (l) According to expert testimony, the child witness would be  partic-
 ularly  [suceptible]  SUSCEPTIBLE  to  psychological harm if required to
 testify in open court or in the physical presence of the defendant.
   11. Irrespective of whether a motion was made pursuant to  subdivision
 one of this section, the court, at the request of either party or on its
 own  motion,  may decide that a child witness may be vulnerable based on
 its own observations that a child witness who has been called to testify
 at a criminal proceeding is suffering severe mental  or  emotional  harm
 and therefore is physically or mentally unable to testify or to continue
 to  testify  in  open court or in the physical presence of the defendant
 and that the use of live, two-way closed-circuit television is necessary
 to enable the child witness to testify. If the court so decides, it must
 conduct the same hearing that subdivision [five]  SIX  of  this  section
 requires  when  a  motion  is  made  pursuant to subdivision one of this
 section, and it must make findings  of  fact  pursuant  to  subdivisions
 [nine]  TEN and [eleven] TWELVE of this section, before determining that
 the child witness is vulnerable.
   12. In deciding whether a child witness is vulnerable, the court shall
 make findings of fact which reflect the causal relationship between  the
 existence  of  any  one  or more of the factors set forth in subdivision
 [nine] TEN of this section or other relevant  factors  which  the  court
 finds  are  established  and the determination that the child witness is
 vulnerable.  If the court is satisfied that the child witness is vulner-
 able and that, under the facts and circumstances of the particular case,
 the defendant's  constitutional  rights  to  an  impartial  jury  or  of

 A. 9505--B                         44
 
 confrontation  will  not be impaired, it may enter an order granting the
 application for the use of live, two-way closed-circuit television.
   13. When the court has determined that a child witness is a vulnerable
 child  witness,  it  shall make a specific finding as to whether placing
 the defendant and the child witness in the same room during the testimo-
 ny of the child witness will contribute to the likelihood that the child
 witness will suffer severe mental or emotional harm. If the court  finds
 that placing the defendant and the child witness in the same room during
 the  testimony  of  the  child witness will contribute to the likelihood
 that the child witness will suffer severe mental or emotional harm,  the
 order  entered  pursuant  to subdivision [eleven] TWELVE of this section
 shall direct that the defendant  remain  in  the  courtroom  during  the
 testimony of the vulnerable child witness.
   § 5. Subdivision 5 of section 200.95 of the criminal procedure law, as
 added by chapter 558 of the laws of 1982, is amended to read as follows:
   5.  Court  ordered bill of particulars.  Where a prosecutor has timely
 served a written refusal pursuant to subdivision four  of  this  section
 and upon motion, made in writing, of a defendant, who has made a request
 for  a  bill of particulars and whose request has not been complied with
 in whole or in part, the court must, to the extent a protective order is
 not warranted, order the prosecutor to comply with the request if it  is
 satisfied that the items of factual information requested are authorized
 to  be  included  in a bill of particulars, and that such information is
 necessary to enable the defendant adequately to prepare or  conduct  his
 defense  and,  if  the request was untimely, a finding of good cause for
 the delay. Where a prosecutor has not timely served  a  written  refusal
 pursuant  to  subdivision four of this section the court must, unless it
 is satisfied that the people have shown good cause  why  such  an  order
 should  not be issued, issue an order requiring the prosecutor to comply
 or providing for any other  order  authorized  by  [subdivision  one  of
 section 240.70] SECTION 245.80 OF THIS PART.
   §  6. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
 procedure law, as added by chapter 763 of the laws of 1974,  is  amended
 to read as follows:
   (c)  granting discovery pursuant to article [240] 245; or
   § 7. Subdivision 1 of section 255.20 of the Criminal procedure law, as
 amended  by  chapter  369  of  the  laws  of 1982, is amended to read as
 follows:
   1. Except as otherwise expressly provided by law, whether the  defend-
 ant is represented by counsel or elects to proceed pro se, all pre-trial
 motions  shall  be served or filed within forty-five days after arraign-
 ment and before commencement of trial, or within such additional time as
 the court may fix upon application of the defendant made prior to  entry
 of  judgment.  In  an action in which EITHER (A) MATERIAL OR INFORMATION
 HAS BEEN DISCLOSED PURSUANT TO PARAGRAPH (M) OR (N) OF  SUBDIVISION  ONE
 OF  SECTION  245.20,  (B)  an eavesdropping warrant and application have
 been furnished pursuant to section 700.70, or (C) a notice of  intention
 to  introduce  evidence has been served pursuant to section 710.30, such
 period shall be extended until forty-five days after the  last  date  of
 such  service.    If the defendant is not represented by counsel and has
 requested an adjournment to obtain counsel or to have counsel  assigned,
 such  forty-five day period shall commence on the date counsel initially
 appears on defendant's behalf.
   § 8. Section 340.30 of the criminal procedure law is amended  to  read
 as follows:
 § 340.30 Pre-trial discovery and notices of defenses.

 A. 9505--B                         45
 
   The  provisions  of article two hundred [forty] FORTY-FIVE, concerning
 pre-trial discovery by a defendant under indictment in a superior court,
 and article two hundred fifty, concerning pre-trial notice to the people
 by a defendant under indictment in  a  superior  court  who  intends  to
 advance  a  trial defense of mental disease or defect or of alibi, apply
 to a prosecution of an information in a local criminal court.
   § 9. Subdivision 14 of section 400.27 of the criminal  procedure  law,
 as  added  by  chapter  1  of  the  laws  of 1995, is amended to read as
 follows:
   14. (a) At a reasonable time prior to the sentencing proceeding  or  a
 mental retardation hearing:
   [(i)] the prosecutor shall, unless previously disclosed and subject to
 a  protective  order, make available to the defendant the statements and
 information specified in subdivision one of section [240.45]  245.20  OF
 THIS  PART  and make available for inspection, photographing, copying or
 testing the property specified in subdivision one  of  section  [240.20;
 and
   (ii) the defendant shall, unless previously disclosed and subject to a
 protective  order,  make available to the prosecution the statements and
 information specified in subdivision two  of  section  240.45  and  make
 available  for inspection, photographing, copying or testing, subject to
 constitutional limitations, the reports, documents  and  other  property
 specified in subdivision one of section 240.30] 245.20 OF THIS PART.
   (b) Where a party refuses to make disclosure pursuant to this section,
 the provisions of section [240.35, subdivision one of section 240.40 and
 section 240.50] 245.70, 245.75 AND/OR 245.80 OF THIS PART shall apply.
   (c)  If,  after  complying  with  the provisions of this section or an
 order pursuant thereto, a party finds either before or during a sentenc-
 ing  proceeding  or  mental  retardation  hearing,  additional  material
 subject to discovery or covered by court order, the party shall promptly
 make disclosure or apply for a protective order.
   (d)  If  the court finds that a party has failed to comply with any of
 the provisions of this section, the court may [enter] EMPLOY any of  the
 [orders]  REMEDIES  OR SANCTIONS specified in subdivision one of section
 [240.70] 245.80 OF THIS PART.
   § 10. The opening paragraph of  paragraph  (b)  of  subdivision  1  of
 section  440.30 of the criminal procedure law, as added by chapter 19 of
 the laws of 2012, is amended to read as follows:
   In conjunction with the filing or consideration of a motion to  vacate
 a  judgment  pursuant  to  section 440.10 of this article by a defendant
 convicted after a trial, in cases where the court has ordered an eviden-
 tiary hearing upon such motion, the court  may  order  that  the  people
 produce or make available for inspection property[, as defined in subdi-
 vision  three of section 240.10 of this part,] in its possession, custo-
 dy, or control that was secured in connection with the investigation  or
 prosecution  of the defendant upon credible allegations by the defendant
 and a finding by the court that such property,  if  obtained,  would  be
 probative to the determination of defendant's actual innocence, and that
 the  request is reasonable. The court shall deny or limit such a request
 upon a finding that such a  request,  if  granted,  would  threaten  the
 integrity  or chain of custody of property or the integrity of the proc-
 esses or functions of a laboratory conducting DNA testing, pose  a  risk
 of  harm,  intimidation, embarrassment, reprisal, or other substantially
 negative consequences to any person, undermine the proper  functions  of
 law  enforcement  including the confidentiality of informants, or on the
 basis of any other factor identified by the court in  the  interests  of

 A. 9505--B                         46
 
 justice  or public safety. The court shall further ensure that any prop-
 erty produced pursuant to this paragraph  is  subject  to  a  protective
 order, where appropriate. The court shall deny any request made pursuant
 to this paragraph where:
   §  11.  Subdivision 10 of section 450.10 of the penal law, as added by
 chapter 795 of the laws of 1984, is amended to read as follows:
   10. Where there has been a failure to comply with  the  provisions  of
 this  section,  and  where the district attorney does not demonstrate to
 the satisfaction of the court that  such  failure  has  not  caused  the
 defendant  prejudice,  the  court  shall  instruct  the jury that it may
 consider such failure  in  determining  the  weight  to  be  given  such
 evidence and may also impose any other sanction set forth in subdivision
 one  of section [240.70] 245.80 of the criminal procedure law; provided,
 however, that unless the defendant has convinced  the  court  that  such
 failure has caused him undue prejudice, the court shall not preclude the
 district  attorney  from  introducing into evidence the property, photo-
 graphs, photocopies, or other reproductions of the  property  or,  where
 appropriate,  testimony  concerning  its value and condition, where such
 evidence is otherwise properly authenticated and  admissible  under  the
 rules  of  evidence.  Failure  to  comply  with  any  one or more of the
 provisions of this section shall not for that reason  alone  be  grounds
 for dismissal of the accusatory instrument.
   §  12. Section 460.80 of the penal law, as added by chapter 516 of the
 laws of 1986, is amended to read as follows:
 § 460.80 Court ordered disclosure.
   Notwithstanding the provisions of article two hundred  [forty]  FORTY-
 FIVE  of  the criminal procedure law, when forfeiture is sought pursuant
 to section 460.30 of this [chapter] ARTICLE, the court may order discov-
 ery of any property  not  otherwise  disclosed  which  is  material  and
 reasonably  necessary  for  preparation by the defendant with respect to
 the forfeiture proceeding pursuant to such section. The court may  issue
 a protective order denying, limiting, conditioning, delaying or regulat-
 ing  such discovery where a danger to the integrity of physical evidence
 or a substantial risk of physical harm, intimidation, economic reprisal,
 bribery or unjustified annoyance or embarrassment to any  person  or  an
 adverse  effect  upon the legitimate needs of law enforcement, including
 the protection of the confidentiality of informants, or any other factor
 or set of factors outweighs the usefulness of the discovery.
   § 13. Subdivision 5 of section 480.10 of the penal law,  as  added  by
 chapter 655 of the laws of 1990, is amended to read as follows:
   5.  In  addition  to  information required to be disclosed pursuant to
 article two hundred [forty] FORTY-FIVE of the  criminal  procedure  law,
 when  forfeiture  is  sought pursuant to this article, and following the
 defendant's arraignment on the special forfeiture information, the court
 shall order discovery of any information not otherwise  disclosed  which
 is  material  and  reasonably necessary for preparation by the defendant
 with respect to a forfeiture proceeding brought pursuant to  this  arti-
 cle.  Such  material  shall  include  those  portions  of the grand jury
 minutes and such other information which pertain solely to  the  special
 forfeiture  information and shall not include information which pertains
 to the criminal charges. Upon application of the prosecutor,  the  court
 may  issue a protective order pursuant to section [240.40] 245.70 of the
 criminal procedure law with respect to any information  required  to  be
 disclosed pursuant to this subdivision.
   §  14.  This act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, the amendments to section 65.20 of

 A. 9505--B                         47

 the criminal procedure law made by section four of this  act  shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with.
 
                                  PART E
 
   Section 1. The opening paragraph and paragraph (a) of subdivision 1 of
 section  1311 of the civil practice law and rules, the opening paragraph
 as amended by chapter 655 of the laws of 1990 and paragraph (a) as added
 by chapter 669 of the laws of 1984, are amended to read as follows:
   A civil action may be commenced by the appropriate claiming  authority
 against  a  criminal defendant to recover the property which constitutes
 the proceeds of a crime, the substituted proceeds of a crime, an instru-
 mentality of a crime or the real property instrumentality of a crime [or
 to recover a money judgment in an amount  equivalent  in  value  to  the
 property  which  constitutes  the  proceeds  of a crime, the substituted
 proceeds of a crime, an instrumentality of a crime, or the real property
 instrumentality of a crime].  A civil action may be commenced against  a
 non-criminal  defendant  to  recover  the property which constitutes the
 proceeds of a crime, the substituted proceeds of a crime, an  instrumen-
 tality  of  a  crime,  or  the  real property instrumentality of a crime
 provided, however, that a judgment of forfeiture predicated upon  clause
 (A)  of subparagraph (iv) of paragraph (b) of subdivision three [hereof]
 OF THIS SECTION shall be limited to the amount of the  proceeds  of  the
 crime. Any action under this article must be commenced within five years
 of  the  commission  of  the  crime and shall be civil, remedial, and in
 personam in nature and shall not be deemed to be a penalty  or  criminal
 forfeiture  for  any  purpose. Except as otherwise specially provided by
 statute, the proceedings under this article shall be  governed  by  this
 chapter.  An  action under this article is not a criminal proceeding and
 may not be deemed to be a previous prosecution under  article  forty  of
 the criminal procedure law.
   (a)  Actions  relating to post-conviction forfeiture crimes. An action
 relating to a post-conviction forfeiture crime must be grounded  upon  a
 conviction  of a felony defined in subdivision five of section one thou-
 sand three hundred ten of this article[, or upon criminal activity aris-
 ing from a common scheme or plan of which such a conviction is a  part,]
 or  upon a count of an indictment or information alleging a felony which
 was dismissed at the time of a plea of guilty to a felony  in  satisfac-
 tion  of  such  count.  A  court  may  not  grant  forfeiture until such
 conviction has occurred. However, an action  may  be  commenced,  and  a
 court  may grant a provisional remedy provided under this article, prior
 to such conviction having occurred.  An action under this paragraph must
 be dismissed at any time after sixty days of  the  commencement  of  the
 action  unless  the  conviction  upon  which  the action is grounded has
 occurred, or an  indictment  or  information  upon  which  the  asserted
 conviction  is  to  be  based  is pending in a superior court. An action
 under this paragraph shall be stayed during the pendency of  a  criminal
 action  which  is related to it; provided, however, that such stay shall
 not prevent the  granting  or  continuance  of  any  provisional  remedy
 provided under this article or any other provisions of law.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 1311-b to read as follows:
   § 1311-B. MONEY JUDGMENT. IF A CLAIMING AUTHORITY OBTAINS A FORFEITURE
 JUDGMENT AGAINST A DEFENDANT FOR  THE  PROCEEDS,  SUBSTITUTED  PROCEEDS,
 INSTRUMENTALITY  OF A CRIME OR REAL PROPERTY INSTRUMENTALITY OF A CRIME,

 A. 9505--B                         48
 
 BUT IS UNABLE TO LOCATE ALL OR PART OF ANY SUCH PROPERTY,  THE  CLAIMING
 AUTHORITY  MAY  APPLY  TO  THE  COURT  FOR  A MONEY JUDGMENT AGAINST THE
 DEFENDANT IN THE AMOUNT OF THE VALUE  OF  THE  FORFEITED  PROPERTY  THAT
 CANNOT  BE  LOCATED. THE DEFENDANT SHALL HAVE THE RIGHT TO CHALLENGE THE
 VALUATION OF ANY PROPERTY THAT IS THE BASIS FOR SUCH AN APPLICATION. THE
 CLAIMING AUTHORITY SHALL HAVE THE BURDEN OF ESTABLISHING  THE  VALUE  OF
 THE PROPERTY UNDER THIS SECTION BY A PREPONDERANCE OF THE EVIDENCE.
   § 3. Subdivisions 1, 3 and 4 of section 1312 of the civil practice law
 and  rules,  subdivision  1 as added by chapter 669 of the laws of 1984,
 subdivision 3 as amended and subdivision 4 as added by  chapter  655  of
 the laws of 1990, are amended to read as follows:
   1.  The  provisional  remedies of attachment, injunction, receivership
 and notice of pendency provided for herein, shall be  available  in  all
 actions  to  recover property [or for a money judgment] under this arti-
 cle.
   3. A court may grant an application for a provisional remedy  when  it
 determines  that: (a) there is a substantial probability that the claim-
 ing authority will BE ABLE TO DEMONSTRATE AT TRIAL THAT THE PROPERTY  IS
 THE PROCEEDS, SUBSTITUTED PROCEEDS, INSTRUMENTALITY OF THE CRIME OR REAL
 PROPERTY  INSTRUMENTALITY OF THE CRIME, THAT THE CLAIMING AUTHORITY WILL
 prevail on the issue of forfeiture, and that failure to enter the  order
 may  result  in the property being destroyed, removed from the jurisdic-
 tion of the court, or otherwise be unavailable for forfeiture;  (b)  the
 need  to  preserve the availability of the property through the entry of
 the requested order outweighs the hardship on any party against whom the
 order may operate; and (c) in an action relating to real property,  that
 entry of the requested order will not substantially diminish, impair, or
 terminate  the  lawful  property  interest  in such real property of any
 person or persons other than the defendant or defendants.
   4. Upon motion of any party against whom a provisional remedy  granted
 pursuant  to  this  article  is  in effect, the court may issue an order
 modifying or vacating such provisional remedy if necessary to permit the
 moving party to obtain  funds  for  the  payment  of  reasonable  living
 expenses, other costs or expenses related to the maintenance, operation,
 or preservation of property which is the subject of any such provisional
 remedy  or reasonable and bona fide attorneys' fees and expenses for the
 representation of the defendant in the forfeiture  proceeding  or  in  a
 related  criminal  matter  relating  thereto,  payment  for which is not
 otherwise available from assets of the defendant which are  not  subject
 to  such  provisional  remedy.  Any such motion shall be supported by an
 affidavit establishing the unavailability of other assets of the  moving
 party  which  are not the subject of such provisional remedy for payment
 of such expenses or fees. THAT FUNDS SOUGHT TO BE  RELEASED  UNDER  THIS
 SUBDIVISION  ARE  ALLEGED  TO  BE  THE  PROCEEDS,  SUBSTITUTED PROCEEDS,
 INSTRUMENTALITY OF A CRIME OR REAL PROPERTY INSTRUMENTALITY OF  A  CRIME
 SHALL  NOT  BE  A  FACTOR FOR THE COURT IN CONSIDERING AND DETERMINING A
 MOTION MADE PURSUANT TO THIS SUBDIVISION.
   § 4. The opening paragraph of subdivision 2 of  section  1349  of  the
 civil  practice  law  and  rules, as added by chapter 655 of the laws of
 1990, is amended to read as follows:
   If any other provision of law expressly governs the manner of disposi-
 tion of property subject to the judgment or order  of  forfeiture,  that
 provision of law shall be controlling, WITH THE EXCEPTION THAT, NOTWITH-
 STANDING  THE  PROVISIONS  OF  ANY  OTHER  LAW, ALL FORFEITED MONIES AND
 PROCEEDS FROM FORFEITED PROPERTY SHALL BE DEPOSITED INTO  AND  DISBURSED
 FROM  AN  ASSET  FORFEITURE  ESCROW FUND ESTABLISHED PURSUANT TO SECTION

 A. 9505--B                         49
 
 SIX-T OF THE GENERAL MUNICIPAL LAW, WHICH SHALL GOVERN  THE  MAINTENANCE
 OF  SUCH  MONIES AND PROCEEDS FROM FORFEITED PROPERTY.  Upon application
 by a claiming agent for reimbursement of moneys directly expended  by  a
 claiming agent in the underlying criminal investigation for the purchase
 of  contraband  which  were  converted into a non-monetary form or which
 have  not  been  otherwise  recovered,  the  court  shall  direct   such
 reimbursement from money forfeited pursuant to this article. Upon appli-
 cation  of  the  claiming agent, the court may direct that any vehicles,
 vessels or aircraft forfeited pursuant to this article  be  retained  by
 the claiming agent for law enforcement purposes, unless the court deter-
 mines  that  such property is subject to a perfected lien, in which case
 the court may not direct that the property be retained unless  all  such
 liens  on the property to be retained have been satisfied or pursuant to
 the court's order will be satisfied. In the absence of an application by
 the claiming agent, the claiming authority may apply  to  the  court  to
 retain  such  property  for law enforcement purposes. Upon such applica-
 tion, the court may direct that such property be retained by the  claim-
 ing  authority for law enforcement purposes, unless the court determines
 that such property is subject to a perfected lien. If not  so  retained,
 the  judgment  or  order shall direct the claiming authority to sell the
 property in accordance with article fifty-one of this chapter, and  that
 the proceeds of such sale and any other moneys realized as a consequence
 of  any  forfeiture  pursuant  to  this article SHALL BE DEPOSITED TO AN
 ASSET FORFEITURE ESCROW FUND ESTABLISHED PURSUANT TO  SECTION  SIX-T  OF
 THE  GENERAL  MUNICIPAL  LAW  AND  shall  be apportioned and paid in the
 following descending order of priority:
   § 5. Section 1349 of the civil practice law and rules  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  MONIES AND PROCEEDS FROM THE SALE OF PROPERTY REALIZED AS A CONSE-
 QUENCE OF ANY FORFEITURE DISTRIBUTED TO THE CLAIMING AGENT  OR  CLAIMING
 AUTHORITY  OF  ANY  COUNTY, TOWN, CITY, OR VILLAGE OF WHICH THE CLAIMING
 AGENT OR CLAIMING AUTHORITY IS A PART, SHALL BE DEPOSITED  TO  AN  ASSET
 FORFEITURE  ESCROW  FUND  ESTABLISHED  PURSUANT  TO SECTION SIX-T OF THE
 GENERAL MUNICIPAL LAW.
   § 6. Subdivision 2 of section 700 of the county law is amended to read
 as follows:
   2. Within thirty days after the receipt of any fine, penalty, recovery
 upon any recognizance, MONIES AND PROCEEDS FROM  THE  SALE  OF  PROPERTY
 REALIZED AS A CONSEQUENCE OF ANY FORFEITURE, or other money belonging to
 the  county,  the  district attorney OR THE CLAIMING AUTHORITY shall pay
 the same to the county treasurer. Not later than the first day of Febru-
 ary in each year, the district attorney shall make in duplicate a  veri-
 fied  true  statement of all such moneys received and paid to the county
 treasurer during the preceding calendar year and at that time shall  pay
 to  the  county  treasurer  any  balance  due.  One  statement  shall be
 furnished to the county treasurer [and the other], ONE to the  clerk  of
 the  board  of supervisors AND ONE TO THE STATE COMPTROLLER.  A district
 attorney who is not re-elected shall make and file the  verified  state-
 ment  and  pay any balance of such moneys to the county treasurer within
 thirty days after the expiration of his term.
   § 7. The general municipal law is amended by adding a new section  6-t
 to read as follows:
   § 6-T. ASSET FORFEITURE ESCROW FUND. 1. AS USED IN THIS SECTION:
   A. THE TERM "GOVERNING BOARD", INSOFAR AS IT IS USED IN REFERENCE TO A
 VILLAGE, SHALL MEAN THE BOARD OF TRUSTEES THEREOF; INSOFAR AS IT IS USED
 IN REFERENCE TO A TOWN, SHALL MEAN THE TOWN BOARD THEREOF; INSOFAR AS IT

 A. 9505--B                         50
 
 IS USED IN REFERENCE TO A COUNTY, SHALL MEAN THE BOARD OF SUPERVISORS OR
 THE  COUNTY LEGISLATURE THEREOF, AS APPLICABLE; INSOFAR AS IT IS USED IN
 REFERENCE TO A CITY, SHALL MEAN THE "LEGISLATIVE BODY" THEREOF, AS  THAT
 TERM  IS  DEFINED  IN  SUBDIVISION SEVEN OF SECTION TWO OF THE MUNICIPAL
 HOME RULE LAW.
   B. THE TERM "CHIEF FISCAL OFFICER" SHALL MEAN:
   (I) IN THE CASE OF COUNTIES OPERATING UNDER (1) AN ALTERNATIVE FORM OF
 COUNTY GOVERNMENT OR CHARTER ENACTED AS A STATE STATUTE OR ADOPTED UNDER
 THE ALTERNATIVE COUNTY GOVERNMENT LAW OR  BY  LOCAL  LAW,  THE  OFFICIAL
 DESIGNATED  IN  SUCH STATUTE, CONSOLIDATED LAW OR LOCAL LAW AS THE CHIEF
 FISCAL OFFICER, OR, IF NO SUCH DESIGNATION IS MADE THEREIN, THE OFFICIAL
 POSSESSING POWERS AND DUTIES SIMILAR TO  THOSE  OF  A  COUNTY  TREASURER
 UNDER THE COUNTY LAW AS SHALL BE DESIGNATED BY LOCAL LAW.
   (2) IN THE CASE OF COUNTIES NOT OPERATING UNDER AN ALTERNATIVE FORM OF
 COUNTY GOVERNMENT OR CHARTER ENACTED AS A STATE STATUTE OR ADOPTED UNDER
 THE  ALTERNATIVE  COUNTY  GOVERNMENT LAW OR BY LOCAL LAW, THE TREASURER,
 EXCEPT THAT, IN THE CASE OF COUNTIES HAVING A COMPTROLLER, IT SHALL MEAN
 THE COMPTROLLER.
   (II) IN THE CASE OF CITIES, THE COMPTROLLER; IF A CITY DOES NOT HAVE A
 COMPTROLLER, THE TREASURER; IF A CITY HAS NEITHER A  COMPTROLLER  NOR  A
 TREASURER,  SUCH  OFFICIAL POSSESSING POWERS AND DUTIES SIMILAR TO THOSE
 OF A CITY TREASURER AS THE FINANCE BOARD SHALL,  BY  RESOLUTION,  DESIG-
 NATE. A CERTIFIED COPY OF SUCH DESIGNATION SHALL BE FILED WITH THE STATE
 COMPTROLLER AND SHALL BE A PUBLIC RECORD.
   (III)  IN  THE  CASE OF TOWNS, THE TOWN SUPERVISOR; IF A TOWN HAS MORE
 THAN ONE SUPERVISOR, THE PRESIDING SUPERVISOR.
   (IV) IN THE CASE OF VILLAGES, THE VILLAGE TREASURER.
   C. THE TERM "CLAIMING AUTHORITY"  SHALL  MEAN  THE  DISTRICT  ATTORNEY
 HAVING JURISDICTION OVER THE OFFENSE OR THE ATTORNEY GENERAL FOR PURPOSE
 OF THOSE CRIMES FOR WHICH THE ATTORNEY GENERAL HAS CRIMINAL JURISDICTION
 IN  A  CASE  WHERE  THE UNDERLYING CRIMINAL CHARGE HAS BEEN, IS BEING OR
 COULD HAVE BEEN BROUGHT BY THE  ATTORNEY  GENERAL,  OR  THE  APPROPRIATE
 CORPORATION  COUNSEL  OR COUNTY ATTORNEY, WHERE SUCH CORPORATION COUNSEL
 OR COUNTY ATTORNEY MAY ACT AS A CLAIMING AUTHORITY ONLY WITH THE CONSENT
 OF THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL, AS APPROPRIATE.
   D. THE TERM "CLAIMING AGENT" SHALL MEAN AND SHALL INCLUDE ALL  PERSONS
 DESCRIBED  IN  SUBDIVISION  THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL
 PROCEDURE LAW, AND SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS OF  COUN-
 TIES WITHIN THE CITY OF NEW YORK.
   2.  THE  GOVERNING BOARD SHALL AUTHORIZE THE ESTABLISHMENT OF AN ASSET
 FORFEITURE ESCROW FUND FOR ANY CLAIMING AGENT OR CLAIMING  AUTHORITY  AS
 IS  DEEMED  NECESSARY  FOR  THE  MONIES AND PROCEEDS OF SALE OF PROPERTY
 REALIZED  AS A CONSEQUENCE OF ANY FORFEITURE. THE SEPARATE  IDENTITY  OF
 SUCH FUND SHALL BE MAINTAINED.
   3.  THERE  SHALL  BE  PAID  INTO  THE ASSET FORFEITURE ESCROW FUND ALL
 PROCEEDS REALIZED AS A CONSEQUENCE OF ANY FORFEITURE ACTION.  SUCH FUNDS
 SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL FUNDS AND ANY PROPERTY (REAL,
 PERSONAL, TANGIBLE AND/OR INTANGIBLE) THAT  ARE  FORFEITED  PURSUANT  TO
 AGREEMENT  OR  OTHERWISE  PRIOR  TO,  IN LIEU OF OR AFTER THE LODGING OF
 CRIMINAL CHARGES, PRE-INDICTMENT, POST-INDICTMENT, OR  AFTER  CONVICTION
 BY PLEA OR TRIAL. SUCH FUNDS SHALL ALSO INCLUDE FUNDS THAT ARE FORFEITED
 IN COMPROMISE OF CHARGES THAT ARE NEVER BROUGHT.
   4.  THE  MONIES AND PROCEEDS IN THE ASSET FORFEITURE ESCROW FUND SHALL
 BE DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION TEN  OF  THIS
 ARTICLE.    ALL  MONIES  AND PROCEEDS SO DEPOSITED IN SUCH FUND SHALL BE
 KEPT IN A SEPARATE BANK ACCOUNT. THE CHIEF FISCAL OFFICER MAY INVEST THE

 A. 9505--B                         51
 
 MONEYS IN SUCH FUND IN THE MANNER PROVIDED IN  SECTION  ELEVEN  OF  THIS
 ARTICLE.  ANY INTEREST EARNED OR CAPITAL GAINS REALIZED ON THE MONEYS SO
 DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH FUND.  THE
 SEPARATE  IDENTITY  OF SUCH FUND SHALL BE MAINTAINED, WHETHER ITS ASSETS
 CONSIST OF CASH, INVESTMENTS, OR BOTH.
   5. EVERY CLAIM FOR THE PAYMENT OF  MONEY  FROM  THE  ASSET  FORFEITURE
 ESCROW  FUND SHALL SPECIFY THE PURPOSE OF THE REQUESTED PAYMENT AND MUST
 BE ACCOMPANIED BY A WRITTEN CERTIFICATION THAT  THE  EXPENDITURE  IS  IN
 COMPLIANCE  WITH  ALL APPLICABLE LAWS.  PAYMENTS FROM SUCH FUND SHALL BE
 MADE BY THE CHIEF FISCAL OFFICER SUBJECT TO THE  REQUIRED  CERTIFICATION
 AND THE DETERMINATION OF FUND SUFFICIENCY.
   6.  THE  CHIEF FISCAL OFFICER, AT THE TERMINATION OF EACH FISCAL YEAR,
 SHALL RENDER A DETAILED REPORT OF THE OPERATION  AND  CONDITION  OF  THE
 ASSET  FORFEITURE ESCROW FUND TO THE GOVERNING BOARD AND THE STATE COMP-
 TROLLER. SUCH REPORT SHALL BE SUBJECT  TO  EXAMINATION  AND  AUDIT.  THE
 CHIEF  FISCAL  OFFICER MAY ACCOUNT FOR SUCH FUND SEPARATE AND APART FROM
 ALL OTHER FUNDS OF THE VILLAGE, TOWN, COUNTY, AND CITY.
   § 8. Section 1352 of the civil practice law and  rules,  as  added  by
 chapter 669 of the laws of 1984, is amended to read as follows:
   §  1352.  Preservation  of  other  rights  and  remedies. The remedies
 provided for in this article are not intended to substitute for or limit
 or [supercede] SUPERSEDE the lawful authority of any public  officer  or
 agency or other person to enforce any other right or remedy provided for
 by law. THE EXERCISE OF SUCH LAWFUL AUTHORITY IN THE FORFEITURE OF PROP-
 ERTY ALLEGED TO BE THE PROCEEDS, SUBSTITUTE PROCEEDS, INSTRUMENTALITY OF
 A  CRIME  OR  REAL  PROPERTY  INSTRUMENTALITY  OF CRIME MUST INCLUDE THE
 PROVISION OF A PROMPT OPPORTUNITY TO BE HEARD FOR THE  OWNER  OF  SEIZED
 PROPERTY  IN  ORDER  TO  ENSURE  THE LEGITIMACY AND THE NECESSITY OF ITS
 CONTINUED RETENTION BY LAW ENFORCEMENT, AS WELL AS CLEAR NOTICE OF DEAD-
 LINES FOR ACCOMPLISHING THE RETURN OF SUCH PROPERTY.
   § 9. Subdivision 11 of section 1311 of  the  civil  practice  law  and
 rules is amended by adding a new paragraph (d) to read as follows:
   (D) ANY STIPULATION, SETTLEMENT AGREEMENT, JUDGEMENT, ORDER OR AFFIDA-
 VIT  REQUIRED  TO  BE  GIVEN  TO  THE STATE DIVISION OF CRIMINAL JUSTICE
 SERVICES PURSUANT TO THIS SUBDIVISION SHALL INCLUDE THE DEFENDANT'S NAME
 AND SUCH OTHER DEMOGRAPHIC DATA AS REQUIRED BY  THE  STATE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES.
   §  10.  Subdivision 6 of section 220.50 of the criminal procedure law,
 as added by chapter 655 of the laws of  1990,  is  amended  to  read  as
 follows:
   6. Where the defendant consents to a plea of guilty to the indictment,
 or  part  of  the  indictment,  or consents to be prosecuted by superior
 court information as set forth in section 195.20 of this chapter, and if
 the defendant and prosecutor agree that as a condition of  the  plea  or
 the  superior  court  information certain property shall be forfeited by
 the defendant, the description and present estimated monetary  value  of
 the  property  shall be stated in court by the prosecutor at the time of
 plea. Within thirty days of the acceptance of the plea or superior court
 information by the court, the prosecutor shall send to the  commissioner
 of  the  division of criminal justice services a document containing the
 name of the defendant, the description and  present  estimated  monetary
 value  of  the  property,  ANY OTHER DEMOGRAPHIC DATA AS REQUIRED BY THE
 DIVISION OF CRIMINAL JUSTICE SERVICES and the date the plea or  superior
 court  information was accepted. Any property forfeited by the defendant
 as a condition to a plea of guilty to an indictment, or a part  thereof,
 or  to  a superior court information, shall be disposed of in accordance

 A. 9505--B                         52
 
 with the provisions of section thirteen hundred forty-nine of the  civil
 practice law and rules.
   §  11.  Subdivision  4 of section 480.10 of the penal law, as added by
 chapter 655 of the laws of 1990, is amended to read as follows:
   4. The prosecutor shall promptly file a copy of the special forfeiture
 information, including the terms thereof, with  the  state  division  of
 criminal  justice  services  and  with  the local agency responsible for
 criminal justice planning. Failure to file such information shall not be
 grounds for any relief under this chapter.  THE  PROSECUTOR  SHALL  ALSO
 REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES WHEN FILING A COPY OF THE SPECIAL FORFEITURE INFOR-
 MATION WITH THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  12.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law and shall apply to  crimes  which  were
 committed on or after such date.
 
                                  PART F

   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 A of chapter 55 of the laws of 2017,  is  amended  to
 read as follows:
   §  2.  This act shall take effect immediately and shall remain in full
 force and effect until March 31, [2018] 2019, when it shall  expire  and
 be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section  1.  Section  602 of the correction law, as amended by chapter
 891 of the laws of 1962, is amended to read as follows:
   § 602. Expenses of sheriff for transporting prisoners.  For  conveying
 a  prisoner  or  prisoners to a state prison from the county prison, the
 sheriff or person having charge of the same shall be reimbursed for  the
 amount of expenses actually and necessarily incurred by him for railroad
 fare  or  cost  of  other  transportation and for cost of maintenance of
 himself and each prisoner in going to the prison, and for  his  railroad
 fare  or other cost of transportation in returning home, and cost of his
 maintenance while so returning. [The county shall be  reimbursed  for  a
 portion  of  the salary of such sheriff or person for the period, not to
 exceed thirty-six hours, from the commencement  of  transportation  from
 the  county prison to the return of such sheriff or person to the county
 prison, the amount of such reimbursement to be computed by adding to the
 amount of such  salary  the  total  amount  of  the  aforesaid  expenses
 incurred  for  transportation and maintenance and reducing the resulting
 aggregate amount, first, by fifty per centum of  such  aggregate  amount
 and,  second, by the total amount of the aforesaid expenses incurred for
 transportation and maintenance.]
   § 2. This act shall take effect April 1, 2018.
 
                                  PART H
 
   Section 1. Subparagraph (iv) of paragraph  (d)  of  subdivision  1  of
 section  803 of the correction law, as added by section 7 of chapter 738
 of the laws of 2004, is amended to read as follows:

 A. 9505--B                         53
 
   (iv) Such merit time allowance may be granted when an inmate  success-
 fully  participates  in the work and treatment program assigned pursuant
 to section eight hundred five of  this  article  and  when  such  inmate
 obtains  a  general  equivalency diploma, an alcohol and substance abuse
 treatment certificate, a vocational trade certificate following at least
 six  months  of  vocational  programming  [or],  performs  at least four
 hundred hours of service as part of a community work crew OR SUCCESSFUL-
 LY COMPLETES AT LEAST TWO CONSECUTIVE SEMESTERS OF  COLLEGE  PROGRAMMING
 WITH  NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED AT
 THE CORRECTIONAL FACILITY BY A COLLEGE APPROVED BY THE  NEW  YORK  STATE
 BOARD OF REGENTS.
   Such  allowance shall be withheld for any serious disciplinary infrac-
 tion or upon a judicial determination that the person, while an  inmate,
 commenced  or  continued  a  civil  action, proceeding or claim that was
 found to be frivolous as defined in subdivision  (c)  of  section  eight
 thousand  three  hundred three-a of the civil practice law and rules, or
 an order of a federal court pursuant to rule 11 of the federal rules  of
 civil  procedure  imposing sanctions in an action commenced by a person,
 while an inmate, against a state agency, officer or employee.
   § 2. Subparagraph (iv) of paragraph (d) of subdivision  1  of  section
 803  of  the  correction law, as added by section 10-a of chapter 738 of
 the laws of 2004, is amended to read as follows:
   (iv) Such merit time allowance may be granted when an inmate  success-
 fully  participates  in the work and treatment program assigned pursuant
 to section eight hundred five of  this  article  and  when  such  inmate
 obtains  a  general  equivalency diploma, an alcohol and substance abuse
 treatment certificate, a vocational trade certificate following at least
 six months of  vocational  programming  [or],  performs  at  least  four
 hundred hours of service as part of a community work crew OR SUCCESSFUL-
 LY  COMPLETES  AT LEAST TWO CONSECUTIVE SEMESTERS OF COLLEGE PROGRAMMING
 WITH NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED  AT
 THE  CORRECTIONAL  FACILITY  BY A COLLEGE APPROVED BY THE NEW YORK STATE
 BOARD OF REGENTS.
   Such allowance shall be withheld for any serious disciplinary  infrac-
 tion  or upon a judicial determination that the person, while an inmate,
 commenced or continued a civil action,  proceeding  or  claim  that  was
 found  to  be  frivolous  as defined in subdivision (c) of section eight
 thousand three hundred three-a of the civil practice law and  rules,  or
 an  order of a federal court pursuant to rule 11 of the federal rules of
 civil procedure imposing sanctions in an action commenced by  a  person,
 while an inmate, against a state agency, officer or employee.
   § 3. Paragraph (c) of subdivision 1 of section 803-b of the correction
 law,  as  amended  by  section  1 of part E of chapter 55 of the laws of
 2017, is amended to read as follows:
   (c) "significant programmatic accomplishment" means that the inmate:
   (i) participates in no less than two years of college programming; or
   (ii) obtains a masters of professional studies degree; or
   (iii) successfully participates as an inmate program associate for  no
 less than two years; or
   (iv)  receives  a certification from the state department of labor for
 his or her successful participation in an apprenticeship program; or
   (v) successfully works as an inmate hospice aid for  a  period  of  no
 less than two years; or
   (vi)  successfully  works  in the division of correctional industries'
 optical program for no less than two years and receives a  certification
 as an optician from the American board of opticianry; or

 A. 9505--B                         54
 
   (vii) receives an asbestos handling certificate from the department of
 labor  upon successful completion of the training program and then works
 in the division of correctional industries' asbestos  abatement  program
 as a hazardous materials removal worker or group leader for no less than
 eighteen months; or
   (viii)  successfully  completes  the  course curriculum and passes the
 minimum competency screening process performance  examination  for  sign
 language  interpreter, and then works as a sign language interpreter for
 deaf inmates for no less than one year; or
   (ix) successfully works in the puppies behind bars program for a peri-
 od of no less than two years; or
   (x) successfully participates in a vocational  culinary  arts  program
 for  a period of no less than two years and earns a servsafe certificate
 that is recognized by the national restaurant association; or
   (xi) successfully completes the  four  hundred  ninety  hour  training
 program  while  assigned  to a department of motor vehicles call center,
 and continues to work at such call center for an  additional  twenty-one
 months; or
   (xii)  receives  a  certificate  from the food production center in an
 assigned position following the completion of no less than eight hundred
 hours of work in such position, and continues to work for an  additional
 eighteen months at the food production center[.]; OR
   (XIII)  SUCCESSFULLY  COMPLETES  A  COSMETOLOGY  TRAINING  PROGRAM AND
 RECEIVES A LICENSE FROM THE NEW YORK  STATE  DEPARTMENT  OF  STATE,  AND
 THEREAFTER  PARTICIPATES  IN  SUCH  PROGRAM FOR A PERIOD OF NO LESS THAN
 EIGHTEEN MONTHS; OR
   (XIV) SUCCESSFULLY COMPLETES A BARBERING TRAINING PROGRAM AND RECEIVES
 A LICENSE FROM THE NEW YORK STATE DEPARTMENT OF  STATE,  AND  THEREAFTER
 PARTICIPATES  IN  SUCH  PROGRAM  FOR  A  PERIOD OF NO LESS THAN EIGHTEEN
 MONTHS; OR
   (XV) SUCCESSFULLY PARTICIPATES IN A COMPUTER OPERATOR,  GENERAL  BUSI-
 NESS  OR  COMPUTER INFORMATION TECHNOLOGY AND SUPPORT VOCATIONAL PROGRAM
 FOR NO LESS THAN TWO YEARS, AND  EARNS  A  MICROSOFT  OFFICE  SPECIALIST
 CERTIFICATION  FOR  MICROSOFT  WORD,  MICROSOFT  POWERPOINT OR MICROSOFT
 EXCEL, FOLLOWING THE ADMINISTRATION OF AN EXAMINATION; OR
   (XVI) SUCCESSFULLY COMPLETES  THE  THINKING  FOR  A  CHANGE  COGNITIVE
 BEHAVIORAL  TREATMENT PROGRAM WITHIN PHASE TWO OF TRANSITIONAL SERVICES,
 AND THEREAFTER, IS EMPLOYED IN THE WORK RELEASE PROGRAM FOR A PERIOD  OF
 AT LEAST EIGHTEEN MONTHS.
   § 4. This act shall take effect April 1, 2018; provided, however, that
 the amendments to subparagraph (iv) of paragraph (d) of subdivision 1 of
 section  803 of the correction law made by section one of this act shall
 be subject to the expiration and reversion of such section  pursuant  to
 subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
 amended, when upon such date the provisions of section two of  this  act
 shall take effect.
 
                                  PART I
 
   Section  1.  Subdivision  9  of  section  201 of the correction law is
 REPEALED.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART J

 A. 9505--B                         55
 
   Section 1. Notwithstanding any provision of law or  governor's  execu-
 tive  order  to  the  contrary  regarding inmate eligibility by crime of
 commitment, the commissioner of corrections and community supervision is
 hereby authorized to initiate two pilot temporary release programs.
   §  2.  The  first  pilot  temporary release program shall be a college
 educational leave program for no more than  fifty  inmates  at  any  one
 time,  who  otherwise  would be ineligible due to their crime of commit-
 ment, and whereby, to be eligible, an inmate  shall  not  be  serving  a
 sentence  for one or more offenses that would render him or her ineligi-
 ble for a limited credit time allowance as set forth in section 803-b of
 the correction law. In addition, to be eligible, such inmate  shall  not
 have  committed a serious disciplinary infraction, maintained an overall
 negative institutional record,  or  received  a  disqualifying  judicial
 determination  that  would  render  him  or her ineligible for a limited
 credit time allowance as set forth in section 803-b  of  the  correction
 law,  and  such inmate shall be eligible for release on parole or condi-
 tional release within two years. An  inmate  who  participates  in  this
 pilot  program may also be permitted to leave the premises of the insti-
 tution for the purposes set forth in subdivision 4 of section 851 of the
 correction law, if otherwise authorized by the department of corrections
 and community supervision's rules and regulations governing  permissible
 furloughs.
   §  3. The second pilot temporary release program shall be a pilot work
 release program for no more than fifty inmates  at  any  one  time,  who
 otherwise  would  be  ineligible  due  to their crime of commitment, and
 whereby, to be eligible, an inmate shall not be serving a  sentence  for
 one  or  more  offenses  that  would  render him or her ineligible for a
 limited credit time allowance as set  forth  in  section  803-b  of  the
 correction  law.  In  addition,  such  inmate shall not have committed a
 serious disciplinary infraction, maintained an overall negative institu-
 tional record, or received a disqualifying judicial  determination  that
 would  render  him or her ineligible for a limited credit time allowance
 as set forth in section 803-b of the correction  law  and,  such  inmate
 shall  be  eligible  for release on parole or conditional release within
 two years. An inmate who participates in the pilot work release  program
 may  also  be permitted to leave the premises of the institution for the
 purposes set forth in subdivision 4 of section  851  of  the  correction
 law,  when  authorized  by  the  department of corrections and community
 supervision's rules and regulations governing permissible furloughs.
   § 4. Prior to March first of each year thereafter, the commissioner of
 corrections and community supervision shall issue a report to the gover-
 nor, the president of the senate and the speaker of the assembly, on the
 status of both pilot programs, which shall include, but not  be  limited
 to,  information  on  those  correctional  facilities  where  the  pilot
 programs are established, information about the total number of  inmates
 who  were  approved  for each of the pilots, whether each inmate partic-
 ipant has been successful or  unsuccessful,  and  information  on  those
 colleges which participate in the educational leave pilot.
   § 5. This act shall take effect April 1, 2018.
 
                                  PART K
 
   Section  1.  This Part enacts into law major components of legislation
 that remove unnecessary mandatory bars on licensing and  employment  for
 people  with  criminal  convictions in the categories enumerated therein
 and replace them with individualized review processes using the  factors

 A. 9505--B                         56
 
 set  out  in  article  23-A  of  the correction law, which addresses the
 licensing of such individuals. Each component is wholly contained with a
 Subpart identified as Subparts A through I. Any provision in any section
 contained within a Subpart, including the effective date of the Subpart,
 which  makes  reference  to  a  section  "of  this  act",  when  used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to the corresponding section of the Subpart in which it is found.
 Section three of this Part sets forth the general effective date of this
 Part.
 
                                 SUBPART A
 
   Section 1. Subdivision 6 of section 369 of the banking law, as amended
 by chapter 164 of the laws of 2003, paragraph (b) as amended by  section
 6  of  part  LL of chapter 56 of the laws of 2010, is amended to read as
 follows:
   6. The superintendent may, CONSISTENT WITH ARTICLE  TWENTY-THREE-A  OF
 THE  CORRECTION  LAW, refuse to issue a license pursuant to this article
 if he shall find that the applicant, or any person who  is  a  director,
 officer,  partner,  agent,  employee  or  substantial stockholder of the
 applicant, (a) has been convicted of a crime in any jurisdiction or  (b)
 is  associating  or  consorting  with any person who has, or persons who
 have, been convicted of a crime or crimes in any jurisdiction or  juris-
 dictions[;  provided,  however,  that the superintendent shall not issue
 such a license if he shall find that the applicant, or any person who is
 a director, officer, partner, agent, employee or substantial stockholder
 of the applicant, has been convicted of a felony in any jurisdiction  or
 of  a  crime  which,  if committed within this state, would constitute a
 felony under the laws thereof]. For the  purposes  of  this  article,  a
 person  shall be deemed to have been convicted of a crime if such person
 shall have pleaded guilty to a charge thereof before a court  or  magis-
 trate,  or shall have been found guilty thereof by the decision or judg-
 ment of a court or magistrate or by the verdict of a jury,  irrespective
 of the pronouncement of sentence or the suspension thereof[, unless such
 plea  of  guilty, or such decision, judgment or verdict, shall have been
 set aside, reversed or otherwise abrogated by lawful judicial process or
 unless the person convicted of the crime shall have  received  a  pardon
 therefor  from  the  president  of  the United States or the governor or
 other pardoning authority in the jurisdiction where the  conviction  was
 had, or shall have received a certificate of relief from disabilities or
 a  certificate  of  good conduct pursuant to article twenty-three of the
 correction law to remove the disability under this  article  because  of
 such  conviction].  The  term "substantial stockholder," as used in this
 subdivision, shall be deemed to refer to a person owning or  controlling
 ten per centum or more of the total outstanding stock of the corporation
 in  which such person is a stockholder. In making a determination pursu-
 ant to this subdivision, the superintendent shall require fingerprinting
 of the applicant. Such fingerprints shall be submitted to  the  division
 of  criminal justice services for a state criminal history record check,
 as defined in subdivision one of section three thousand  thirty-five  of
 the  education law, and may be submitted to the federal bureau of inves-
 tigation for a national criminal history record check.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
                           Intentionally Omitted

 A. 9505--B                         57
 
                                 SUBPART C
 
   Section  1.  Clauses  1  and  5  of  paragraph (c) of subdivision 2 of
 section 435 of the executive law, clause 1 as amended by chapter 371  of
 the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
 amended to read as follows:
   (1)  a  person  convicted of a crime [who has not received a pardon, a
 certificate of good conduct or a certificate of  relief  from  disabili-
 ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
 PREVIOUS CRIMINAL OFFENSES  AND  THE  INTEGRITY  AND  SAFETY  OF  BINGO,
 CONSIDERING  THE  FACTORS  SET  FORTH  IN  ARTICLE TWENTY-THREE-A OF THE
 CORRECTION LAW;
   (5) a firm or corporation in which a person defined  in  [subdivision]
 CLAUSE  (1),  (2),  (3)  or  (4)  [above] OF THIS PARAGRAPH, or a person
 married or related in the first degree to such  a  person,  has  greater
 than  a ten [per centum] PERCENT proprietary, equitable or credit inter-
 est or in which such a person is active or employed.
   § 2. This act shall take effect immediately.

                                 SUBPART D
 
   Section 1. Subdivision 1 of section  130  of  the  executive  law,  as
 amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
 graph  (g)  as  separately  amended  by chapter 232 of the laws 2010, is
 amended to read as follows:
   1. The secretary of state may appoint and commission as many  notaries
 public for the state of New York as in his or her judgment may be deemed
 best,  whose  jurisdiction  shall be co-extensive with the boundaries of
 the state. The appointment of a notary public shall be  for  a  term  of
 four  years. An application for an appointment as notary public shall be
 in form and set forth such matters  as  the  secretary  of  state  shall
 prescribe.  Every person appointed as notary public must, at the time of
 his or her appointment, be a citizen of the United States and  either  a
 resident of the state of New York or have an office or place of business
 in  New  York  state. A notary public who is a resident of the state and
 who moves out of the state but still maintains a place of business or an
 office in New York state does not vacate his or her office as  a  notary
 public.  A  notary public who is a nonresident and who ceases to have an
 office or place of business in this state, vacates his or her office  as
 a notary public. A notary public who is a resident of New York state and
 moves  out  of  the  state and who does not retain an office or place of
 business in this state shall vacate  his  or  her  office  as  a  notary
 public.  A  non-resident who accepts the office of notary public in this
 state thereby appoints the secretary of state as the  person  upon  whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant  a commission as notary public, unless he or she be an attorney and
 counsellor at law duly admitted to practice in this  state  or  a  court
 clerk  of  the unified court system who has been appointed to such posi-
 tion after taking a civil service promotional examination in  the  court
 clerk  series of titles, the secretary of state shall satisfy himself or
 herself that the applicant is of good moral character,  has  the  equiv-
 alent  of  a common school education and is familiar with the duties and
 responsibilities of a notary public; provided,  however,  that  where  a
 notary  public  applies,  before  the expiration of his or her term, for
 reappointment with the county clerk or where  a  person  whose  term  as
 notary  public  shall  have expired applies within six months thereafter

 A. 9505--B                         58

 for reappointment as a notary public with the county clerk, such  quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after  the  expiration  of the aforementioned renewal period by a person
 who failed or was unable to re-apply by reason of his or  her  induction
 or  enlistment in the armed forces of the United States, such qualifying
 requirements may also be waived by the secretary of state, provided such
 application for reappointment is made within a period of one year  after
 the  military  discharge  of  the  applicant under conditions other than
 dishonorable. In any case,  the  appointment  or  reappointment  of  any
 applicant  is in the discretion of the secretary of state. The secretary
 of state may suspend or remove from office, for misconduct,  any  notary
 public  appointed by him or her but no such removal shall be made unless
 the person who is sought to be removed shall have  been  served  with  a
 copy  of the charges against him or her and have an opportunity of being
 heard. No person shall be appointed as a notary public under this  arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a [felony or any of the following offenses, to wit:
   (a)  Illegally using, carrying or possessing a pistol or other danger-
 ous weapon; (b) making or possessing burglar's instruments;  (c)  buying
 or  receiving  or  criminally  possessing  stolen property; (d) unlawful
 entry of a building; (e)  aiding  escape  from  prison;  (f)  unlawfully
 possessing  or  distributing habit forming narcotic drugs; (g) violating
 sections two hundred seventy, two hundred seventy-a, two hundred  seven-
 ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
 ty-five,  two  hundred  seventy-six,  five  hundred  fifty, five hundred
 fifty-one, five hundred fifty-one-a and subdivisions six, ten or  eleven
 of  section seven hundred twenty-two of the former penal law as in force
 and effect  immediately  prior  to  September  first,  nineteen  hundred
 sixty-seven,  or violating sections 165.25, 165.30 or subdivision one of
 section 240.30 of the penal law,  or  violating  sections  four  hundred
 seventy-eight,  four  hundred  seventy-nine,  four  hundred eighty, four
 hundred eighty-one, four hundred eighty-four, four  hundred  eighty-nine
 and  four  hundred  ninety-one  of the judiciary law; or (h) vagrancy or
 prostitution, and who has not subsequent to such conviction received  an
 executive  pardon  therefor or a certificate of relief from disabilities
 or a certificate of good conduct pursuant to article twenty-three of the
 correction law to remove the disability under this  section  because  of
 such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
 ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
 CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
 CONVICTIONS DO NOT CONSTITUTE A BAR TO EMPLOYMENT.
   § 2. This act shall take effect immediately.
 
                                 SUBPART E

   Section  1.  Paragraphs 1 and 5 of subdivision (a) of section 189-a of
 the general municipal law, as added by chapter 574 of the laws of  1978,
 are amended to read as follows:
   (1)  a  person  convicted of a crime [who has not received a pardon, a
 certificate of good conduct or a certificate of  relief  from  disabili-
 ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
 PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY  OR  SAFETY  OF  CHARITABLE
 GAMING,  CONSIDERING  THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF
 THE CORRECTION LAW;

 A. 9505--B                         59
 
   (5) a firm or corporation in which a person defined  in  [subdivision]
 PARAGRAPH  (1),  (2), (3) or (4) [above] OF THIS SUBDIVISION has greater
 than a ten [per centum] PERCENT proprietary, equitable or credit  inter-
 est or in which such a person is active or employed.
   §  2.  Paragraph  (a)  of  subdivision 1 of section 191 of the general
 municipal law, as amended by section 15 of part LL of chapter 56 of  the
 laws of 2010, is amended to read as follows:
   (a)  Issuance of licenses to conduct games of chance. If such clerk or
 department [shall determine] DETERMINES:
   (I) that the applicant is duly qualified to  be  licensed  to  conduct
 games of chance under this article;
   (II)  that  the  member  or members of the applicant designated in the
 application to manage games of chance are bona fide  active  members  of
 the  applicant  and  are  persons of good moral character and have never
 been convicted of a crime[, or,] if [convicted, have received a  pardon,
 a  certificate of good conduct or a certificate of relief from disabili-
 ties pursuant to article twenty-three of the correction law] THERE IS  A
 DIRECT  RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE  PREVIOUS CRIMINAL
 OFFENSES AND THE INTEGRITY OR SAFETY OF CHARITABLE  GAMING,  CONSIDERING
 THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
   (III)  that  such  games  are  to  be conducted in accordance with the
 provisions of this article and in accordance with the  rules  and  regu-
 lations  of  the  [board] GAMING COMMISSION and applicable local laws or
 ordinances and that the proceeds  thereof  are  to  be  disposed  of  as
 provided by this article[,]; and
   [if  such  clerk  or department is satisfied] (IV) that no commission,
 salary, compensation, reward or recompense  whatever  will  be  paid  or
 given  to  any person managing, operating or assisting therein except as
 in this article otherwise provided; [it] THEN SUCH CLERK  OR  DEPARTMENT
 shall  issue  a  license  to  the  applicant for the conduct of games of
 chance upon payment of a license fee of  twenty-five  dollars  for  each
 license period.
   §  3.  Subdivision  9  of section 476 of the general municipal law, as
 amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
 section 16 of part LL of chapter 56 of the laws of 2010, is  amended  to
 read as follows:
   9.  "Authorized commercial lessor" shall mean a person, firm or corpo-
 ration other than a licensee to conduct bingo under  the  provisions  of
 this  article,  who or which [shall own] OWNS or [be] IS a net lessee of
 premises and offer the same for leasing by him, HER or it to an  author-
 ized  organization for any consideration whatsoever, direct or indirect,
 for the purpose of conducting bingo therein, provided that  he,  SHE  or
 it, as the case may be, shall not be
   (a)  a person convicted of a crime [who has not received a pardon or a
 certificate of good conduct or a certificate of relief from disabilities
 pursuant to] IF THERE IS A DIRECT RELATIONSHIP BETWEEN ONE  OR  MORE  OF
 THE  PREVIOUS  CRIMINAL  OFFENSES  AND THE INTEGRITY OR SAFETY OF BINGO,
 CONSIDERING  THE   FACTORS   SET   FORTH   IN   article   [twenty-three]
 TWENTY-THREE-A of the correction law;
   (b)  a  person  who  is or has been a professional gambler or gambling
 promoter or who for other reasons is not of good moral character;
   (c) a public officer who receives any consideration, direct  or  indi-
 rect, as owner or lessor of premises offered for the purpose of conduct-
 ing bingo therein;
   (d)  a  firm or corporation in which a person defined in [subdivision]
 PARAGRAPH (a), (b) or (c)  [above]  OF  THIS  SUBDIVISION  or  a  person

 A. 9505--B                         60
 
 married or related in the first degree to such a person has greater than
 a  ten [percentum (10%)] PERCENT proprietary, equitable or credit inter-
 est or in which such a person is active or employed.
   Nothing  contained  in  this subdivision shall be construed to bar any
 firm or corporation [which] THAT is not organized for  pecuniary  profit
 and  no  part  of  the net earnings of which inure to the benefit of any
 individual, member, or shareholder, from being an authorized  commercial
 lessor  solely  because a public officer, or a person married or related
 in the first degree to a public officer, is a member of,  active  in  or
 employed by such firm or corporation.
   §  4.  Paragraph  (a)  of  subdivision 1 of section 481 of the general
 municipal law, as amended by section 5 of part MM of chapter 59  of  the
 laws of 2017, is amended to read as follows:
   (a)  Issuance  of  licenses to conduct bingo. If the governing body of
 the municipality determines:
   (I) that the applicant is duly qualified to  be  licensed  to  conduct
 bingo under this article;
   (II)  that  the  member  or members of the applicant designated in the
 application to conduct bingo are bona fide active members  OR  AUXILIARY
 MEMBERS  of  the  applicant  and are persons of good moral character and
 have never been convicted of a crime [or, if convicted, have received  a
 pardon  or a certificate of good conduct or a certificate of relief from
 disabilities pursuant to article twenty-three]  IF  THERE  IS  A  DIRECT
 RELATIONSHIP  BETWEEN  ONE OR MORE OF THE PREVIOUS CRIMINAL OFFENSES AND
 THE INTEGRITY OR SAFETY OF BINGO, CONSIDERING THE FACTORS SET  FORTH  IN
 ARTICLE TWENTY-THREE-A of the correction law;
   (III)  that such games of bingo are to be conducted in accordance with
 the provisions of this article and in  accordance  with  the  rules  and
 regulations of the commission[, and];
   (IV)  that  the  proceeds thereof are to be disposed of as provided by
 this article[, and if the governing body is satisfied];
   (V) that no commission, salary,  compensation,  reward  or  recompense
 [what  so  ever] WHATSOEVER will be paid or given to any person holding,
 operating or conducting or  assisting  in  the  holding,  operation  and
 conduct  of  any such games of bingo except as in this article otherwise
 provided; and
   (VI) that no prize will be offered and given in excess of the  sum  or
 value  of five thousand dollars in any single game OF BINGO and that the
 aggregate of all prizes offered and given in all of such games OF  BINGO
 conducted  on  a  single occasion[,] under said license shall not exceed
 the sum or value of fifteen  thousand  dollars,  then  the  municipality
 shall  issue  a  license  to the applicant for the conduct of bingo upon
 payment of a license fee of eighteen dollars and seventy-five cents  for
 each bingo occasion[; provided, however, that].
   NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY  IN  THIS  PARAGRAPH, the
 governing body shall refuse to issue a license to an  applicant  seeking
 to  conduct bingo in premises of a licensed commercial lessor where such
 governing body determines that the premises presently owned or  occupied
 by  such  applicant  are  in  every  respect  adequate  and suitable for
 conducting bingo games.
   § 5. This act shall take effect immediately.
 
                                 SUBPART F
 
   Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
 insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.

 A. 9505--B                         61
 
   § 2. This act shall take effect immediately.
 
                                 SUBPART G
 
   Section 1. Section 440-a of the real property law, as amended by chap-
 ter  81 of the laws of 1995, the first undesignated paragraph as amended
 by section 23 of part LL of chapter 56 of the laws of 2010,  is  amended
 to read as follows:
   §  440-a.  License  required  for real estate brokers and salesmen. No
 person, co-partnership, limited liability company or  corporation  shall
 engage  in  or  follow the business or occupation of, or hold himself or
 itself out or act temporarily or otherwise as a real  estate  broker  or
 real  estate  salesman  in  this state without first procuring a license
 therefor as provided in this article. No person shall be entitled  to  a
 license  as  a real estate broker under this article, either as an indi-
 vidual or as a member of a co-partnership, or as a member or manager  of
 a limited liability company or as an officer of a corporation, unless he
 or she is twenty years of age or over, a citizen of the United States or
 an alien lawfully admitted for permanent residence in the United States.
 No person shall be entitled to a license as a real estate salesman under
 this  article  unless  he  or  she is over the age of eighteen years. No
 person shall be entitled to a license as a real estate  broker  or  real
 estate  salesman under this article who has been convicted in this state
 or elsewhere of a [felony, of a sex offense, as defined  in  subdivision
 two  of  section  one hundred sixty-eight-a of the correction law or any
 offense committed outside of this state which  would  constitute  a  sex
 offense,  or a sexually violent offense, as defined in subdivision three
 of section one hundred  sixty-eight-a  of  the  correction  law  or  any
 offense  committed  outside this state which would constitute a sexually
 violent offense, and who has not subsequent to such conviction  received
 executive  pardon  therefor or a certificate of relief from disabilities
 or a certificate of good conduct pursuant to article twenty-three of the
 correction law, to remove the disability under this section  because  of
 such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
 ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
 CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
 CONVICTIONS  DO  NOT  CONSTITUTE  A BAR TO LICENSURE. No person shall be
 entitled to a license as a real estate broker or  real  estate  salesman
 under  this  article who does not meet the requirements of section 3-503
 of the general obligations law.
   Notwithstanding [the above] ANYTHING TO THE CONTRARY IN THIS  SECTION,
 tenant  associations[,]  and  not-for-profit  corporations authorized in
 writing by the commissioner of the department of the city  of  New  York
 charged with enforcement of the housing maintenance code of such city to
 manage  residential  property owned by such city or appointed by a court
 of competent jurisdiction to manage residential property owned  by  such
 city  shall be exempt from the licensing provisions of this section with
 respect to the properties so managed.
   § 2. This act shall take effect immediately.
 
                                 SUBPART H
 
   Section 1. Subdivision 5 of section 336-f of the social services  law,
 as added by section 148 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:

 A. 9505--B                         62

   5.  The  social  services district shall require every private or not-
 for-profit employer that intends to  hire  one  or  more  work  activity
 participants to certify to the district [that] WHETHER such employer has
 [not], in the past five years, been convicted of a felony or a misdemea-
 nor  the  underlying basis of which involved workplace safety and health
 or  labor  standards.  Such  employer  shall  also  certify  as  to  all
 violations issued by the department of labor within the past five years.
 The social services official in the district in which the participant is
 placed  shall  determine  whether  there  is a pattern of CONVICTIONS OR
 violations sufficient  to  render  the  potential  employer  ineligible.
 Employers  who  submit  false  information  under  this section shall be
 subject to criminal prosecution for filing a false instrument.
   § 2. This act shall take effect immediately.
 
                                 SUBPART I
 
   Section 1. Subdivision 9 of section 394 of  the  vehicle  and  traffic
 law,  as  separately  renumbered  by chapters 300 and 464 of the laws of
 1960, is amended to read as follows:
   9. Employees. [No licensee shall knowingly employ, in connection  with
 a  driving  school  in  any capacity whatsoever, any person who has been
 convicted of a felony, or of any crime involving  violence,  dishonesty,
 deceit,  indecency,  degeneracy  or  moral turpitude] A LICENSEE MAY NOT
 EMPLOY, IN CONNECTION WITH A DRIVING SCHOOL IN ANY CAPACITY  WHATSOEVER,
 A  PERSON  WHO  HAS BEEN CONVICTED OF A CRIME, IF, AFTER CONSIDERING THE
 FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION  LAW,  THE
 LICENSEE  DETERMINES  THAT  THERE  IS  A DIRECT RELATIONSHIP BETWEEN THE
 CONVICTION AND EMPLOYMENT IN THE  DRIVING  SCHOOL,  OR  THAT  EMPLOYMENT
 WOULD  CONSTITUTE  AN  UNREASONABLE RISK TO PROPERTY OR TO THE SAFETY OF
 STUDENTS, CUSTOMERS, OR EMPLOYEES OF  THE  DRIVING  SCHOOL,  OR  TO  THE
 GENERAL PUBLIC.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through I of this act shall
 be as specifically set forth in the last section of such Parts.
 
                                  PART L
 
   Section 1. The executive law is amended by adding a new section  259-t
 to read as follows:
   §  259-T.  RELEASE ON GERIATRIC PAROLE FOR INMATES WHO ARE AFFECTED BY
 AN AGE-RELATED DEBILITY. 1. (A)  THE  BOARD  SHALL  HAVE  THE  POWER  TO
 RELEASE  ON GERIATRIC PAROLE ANY INMATE WHO IS AT LEAST FIFTY-FIVE YEARS
 OF AGE, SERVING AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT
 WHO, PURSUANT TO SUBDIVISION TWO OF THIS SECTION, HAS BEEN CERTIFIED  TO
 BE  SUFFERING FROM A CHRONIC OR SERIOUS CONDITION, DISEASE, SYNDROME, OR
 INFIRMITY, EXACERBATED BY AGE, THAT HAS RENDERED  THE  INMATE  SO  PHYS-

 A. 9505--B                         63
 
 ICALLY  OR  COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE ABILITY TO
 PROVIDE SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL  FACILITY  IS
 SUBSTANTIALLY  DIMINISHED,  PROVIDED,  HOWEVER, THAT NO INMATE SERVING A
 SENTENCE  IMPOSED  UPON  A  CONVICTION  FOR  MURDER IN THE FIRST DEGREE,
 AGGRAVATED MURDER OR AN ATTEMPT OR CONSPIRACY TO COMMIT  MURDER  IN  THE
 FIRST  DEGREE  OR AGGRAVATED MURDER OR A SENTENCE OF LIFE WITHOUT PAROLE
 SHALL BE ELIGIBLE FOR SUCH RELEASE, AND PROVIDED FURTHER THAT NO  INMATE
 SHALL  BE  ELIGIBLE FOR SUCH RELEASE UNLESS IN THE CASE OF AN INDETERMI-
 NATE SENTENCE HE OR SHE HAS SERVED AT  LEAST  ONE-HALF  OF  THE  MINIMUM
 PERIOD  OF  THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR
 SHE HAS SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR  HER  DETERMINATE
 SENTENCE.  SOLELY FOR THE PURPOSE OF DETERMINING GERIATRIC PAROLE ELIGI-
 BILITY PURSUANT TO THIS SECTION, SUCH ONE-HALF OF THE MINIMUM PERIOD  OF
 THE  INDETERMINATE  SENTENCE AND ONE-HALF OF THE TERM OF THE DETERMINATE
 SENTENCE SHALL NOT BE CREDITED WITH ANY TIME SERVED UNDER THE  JURISDIC-
 TION OF THE DEPARTMENT PRIOR TO THE COMMENCEMENT OF SUCH SENTENCE PURSU-
 ANT  TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION 70.30 OF THE
 PENAL LAW OR SUBDIVISION TWO-A OF SECTION 70.30 OF THE PENAL LAW, EXCEPT
 TO THE EXTENT AUTHORIZED BY SUBDIVISION THREE OF SECTION  70.30  OF  THE
 PENAL LAW.
   (B)  SUCH  RELEASE  SHALL  BE  GRANTED  ONLY AFTER THE BOARD CONSIDERS
 WHETHER, IN LIGHT OF THE INMATE'S CONDITION, THERE IS A REASONABLE PROB-
 ABILITY THAT THE INMATE, IF RELEASED, WILL LIVE AND  REMAIN  AT  LIBERTY
 WITHOUT  VIOLATING  THE  LAW,  AND THAT SUCH RELEASE DOES NOT PRESENT AN
 UNREASONABLE PUBLIC SAFETY RISK, AND SHALL BE SUBJECT TO THE LIMITS  AND
 CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION. IN MAKING THIS
 DETERMINATION,  THE  BOARD  SHALL CONSIDER: (I) THE FACTORS DESCRIBED IN
 SUBDIVISION TWO OF SECTION TWO HUNDRED  FIFTY-NINE-I  OF  THIS  ARTICLE;
 (II)  THE  NATURE  OF  THE  INMATE'S  CONDITIONS, DISEASES, SYNDROMES OR
 INFIRMITIES AND THE LEVEL OF CARE; (III) THE AMOUNT OF TIME  THE  INMATE
 MUST  SERVE BEFORE BECOMING ELIGIBLE FOR RELEASE PURSUANT TO SECTION TWO
 HUNDRED FIFTY-NINE-I OF THIS ARTICLE; (IV) THE CURRENT AGE OF THE INMATE
 AND HIS OR HER AGE AT THE TIME OF THE CRIME; AND (V) ANY OTHER  RELEVANT
 FACTOR.
   (C)  THE  BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING COURT, THE
 DISTRICT ATTORNEY, THE ATTORNEY FOR  THE  INMATE  AND,  WHERE  NECESSARY
 PURSUANT  TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
 ARTICLE, THE CRIME VICTIM, THAT  THE  INMATE  IS  BEING  CONSIDERED  FOR
 RELEASE  PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE SHALL
 HAVE FIFTEEN DAYS TO COMMENT ON THE RELEASE OF THE  INMATE.  RELEASE  ON
 GERIATRIC  PAROLE  SHALL  NOT  BE  GRANTED  UNTIL  THE EXPIRATION OF THE
 COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
   2. (A) THE COMMISSIONER, ON THE COMMISSIONER'S OWN  INITIATIVE  OR  AT
 THE  REQUEST  OF AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE OR ATTORNEY,
 MAY, IN THE EXERCISE OF THE COMMISSIONER'S DISCRETION,  DIRECT  THAT  AN
 INVESTIGATION BE UNDERTAKEN TO DETERMINE WHETHER AN ASSESSMENT SHOULD BE
 MADE  OF  AN  INMATE WHO APPEARS TO BE SUFFERING FROM CHRONIC OR SERIOUS
 CONDITIONS, DISEASES, SYNDROMES OR INFIRMITIES, EXACERBATED BY  ADVANCED
 AGE  THAT  HAS  RENDERED THE INMATE SO PHYSICALLY OR COGNITIVELY DEBILI-
 TATED OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN  THE
 ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  THE
 CHIEF  MEDICAL OFFICER RESPONSIBLE FOR THE CARE AND TREATMENT OF INMATES
 IN EACH CORRECTIONAL FACILITY SHALL CONDUCT A MONTHLY REVIEW  TO  DETER-
 MINE  IF  ANY  INMATE IN SUCH FACILITY WHO IS OVER THE AGE OF FIFTY-FIVE
 AND WHO HAS NOT BEEN DENIED GERIATRIC  PAROLE  WITHIN  THE  LAST  TWELVE
 MONTHS  IS POTENTIALLY ELIGIBLE FOR GERIATRIC PAROLE RELEASE PURSUANT TO

 A. 9505--B                         64

 THIS SECTION. IF AN INMATE IS IDENTIFIED  AS  POTENTIALLY  ELIGIBLE  FOR
 GERIATRIC  PAROLE  RELEASE,  THE  CHIEF MEDICAL OFFICER SHALL NOTIFY THE
 COMMISSIONER AND REQUEST AN INVESTIGATION TO DETERMINE WHETHER  SUCH  AN
 ASSESSMENT SHOULD BE MADE.  ANY SUCH MEDICAL ASSESSMENT SHALL BE MADE BY
 A  PHYSICIAN  LICENSED  TO  PRACTICE  MEDICINE IN THIS STATE PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THE EDUCATION LAW WITHIN FOUR-
 TEEN DAYS OF THE REQUEST FOR SUCH  ASSESSMENT.    SUCH  PHYSICIAN  SHALL
 EITHER BE EMPLOYED BY THE DEPARTMENT, SHALL RENDER PROFESSIONAL SERVICES
 AT  THE REQUEST OF THE DEPARTMENT, OR SHALL BE EMPLOYED BY A HOSPITAL OR
 MEDICAL FACILITY USED BY THE DEPARTMENT FOR  THE  MEDICAL  TREATMENT  OF
 INMATES.  THE ASSESSMENT SHALL BE REPORTED TO THE COMMISSIONER BY WAY OF
 THE DEPUTY COMMISSIONER FOR HEALTH SERVICES OR THE CHIEF MEDICAL OFFICER
 OF THE FACILITY WITHIN THREE DAYS OF COMPLETION OF  THE  ASSESSMENT  AND
 SHALL  INCLUDE  BUT  SHALL NOT BE LIMITED TO A DESCRIPTION OF THE CONDI-
 TIONS, DISEASES  OR  SYNDROMES  SUFFERED  BY  THE  INMATE,  A  PROGNOSIS
 CONCERNING  THE  LIKELIHOOD  THAT  THE INMATE WILL NOT RECOVER FROM SUCH
 CONDITIONS, DISEASES OR SYNDROMES, A DESCRIPTION OF THE  INMATE'S  PHYS-
 ICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A PREDICTION RESPECTING
 THE  LIKELY DURATION OF THE INCAPACITY, AND A STATEMENT BY THE PHYSICIAN
 OF WHETHER THE INMATE IS SO DEBILITATED OR INCAPACITATED THAT THE ABILI-
 TY TO PROVIDE SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILI-
 TY IS SUBSTANTIALLY DIMINISHED.  THIS ASSESSMENT ALSO  SHALL  INCLUDE  A
 RECOMMENDATION  OF  THE TYPE AND LEVEL OF SERVICES AND LEVEL OF CARE THE
 INMATE WOULD REQUIRE IF GRANTED GERIATRIC PAROLE  AND  A  RECOMMENDATION
 FOR  THE TYPES OF SETTINGS IN WHICH THE SERVICES AND TREATMENT SHOULD BE
 GIVEN.
   (B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
 ASSESSMENT AND MAY CERTIFY THAT THE INMATE IS SUFFERING FROM  A  CHRONIC
 OR  SERIOUS  CONDITION,  DISEASE,  SYNDROME OR INFIRMITY, EXACERBATED BY
 AGE, THAT HAS RENDERED THE INMATE SO PHYSICALLY OR  COGNITIVELY  DEBILI-
 TATED  OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
 ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.   IF
 THE  COMMISSIONER  DOES  NOT  SO  CERTIFY  THEN  THE INMATE SHALL NOT BE
 REFERRED TO THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE.
 IF THE COMMISSIONER DOES SO CERTIFY, THEN THE COMMISSIONER SHALL, WITHIN
 SEVEN WORKING DAYS OF RECEIPT OF SUCH ASSESSMENT, REFER  THE  INMATE  TO
 THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE. HOWEVER, AN
 INMATE WILL NOT BE REFERRED TO THE BOARD OF PAROLE WITH DISEASES, CONDI-
 TIONS,  SYNDROMES  OR  INFIRMITIES THAT PRE-EXISTED INCARCERATION UNLESS
 CERTIFIED BY A PHYSICIAN THAT SUCH DISEASES,  CONDITIONS,  SYNDROMES  OR
 INFIRMITIES,  HAVE  PROGRESSED  TO  RENDER  THE  INMATE SO PHYSICALLY OR
 COGNITIVELY DEBILITATED OR INCAPACITATED THAT  THE  ABILITY  TO  PROVIDE
 SELF-CARE  WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTAN-
 TIALLY DIMINISHED.
   3. ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S  DESIG-
 NEE  PURSUANT  TO  THIS  SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND
 SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
   4. (A) THE BOARD SHALL ISSUE A DETERMINATION  WITHIN  TWENTY-ONE  DAYS
 AFTER  THE  RECEIPT  OF  A CERTIFICATION BY THE COMMISSIONER. ANY INMATE
 APPROVED FOR GERIATRIC PAROLE SHALL BE RELEASED AS SOON AS POSSIBLE  AND
 THE  DEPARTMENT SHALL MAKE EVERY EFFORT TO PROMPTLY IDENTIFY AND APPROVE
 AN APPROPRIATE PLACEMENT FOR SUCH INMATE.
   (B) ONCE AN INMATE IS RELEASED ON GERIATRIC PAROLE, THAT RELEASEE WILL
 THEN BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDI-
 VISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.

 A. 9505--B                         65
 
   (C) THE BOARD MAY REQUIRE AS  A  CONDITION  OF  RELEASE  ON  GERIATRIC
 PAROLE  THAT  THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF A PHYSICIAN
 WHILE ON GERIATRIC PAROLE AND IN  A  HOSPITAL  ESTABLISHED  PURSUANT  TO
 ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, NURSING HOME ESTABLISHED
 PURSUANT  TO  ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW, A HOSPICE
 ESTABLISHED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH  LAW  OR  ANY
 OTHER  PLACEMENT,  INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN
 PROVIDE APPROPRIATE MEDICAL AND OTHER NECESSARY GERIATRIC CARE AS RECOM-
 MENDED BY THE MEDICAL ASSESSMENT REQUIRED BY  SUBDIVISION  TWO  OF  THIS
 SECTION.  FOR  THOSE  WHO  ARE  RELEASED PURSUANT TO THIS SUBDIVISION, A
 DISCHARGE PLAN SHALL BE COMPLETED AND STATE THAT THE AVAILABILITY OF THE
 PLACEMENT HAS BEEN CONFIRMED, AND BY  WHOM.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  WHEN AN INMATE WHO QUALIFIES FOR RELEASE UNDER THIS
 SECTION IS COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE  DOCUMENTATION
 TO  EFFECTUATE THE DISCHARGE PLAN AND, AFTER A DILIGENT SEARCH NO PERSON
 HAS BEEN IDENTIFIED WHO COULD OTHERWISE BE  APPOINTED  AS  THE  INMATE'S
 GUARDIAN  BY  A  COURT  OF  COMPETENT JURISDICTION, THEN, SOLELY FOR THE
 PURPOSE OF IMPLEMENTING THE DISCHARGE PLAN, THE FACILITY HEALTH SERVICES
 DIRECTOR AT THE FACILITY WHERE  THE  INMATE  IS  CURRENTLY  INCARCERATED
 SHALL  BE  LAWFULLY  EMPOWERED  TO  ACT AS THE INMATE'S GUARDIAN FOR THE
 PURPOSE OF EFFECTUATING THE DISCHARGE.
   (D) WHERE APPROPRIATE, THE BOARD  SHALL  REQUIRE  AS  A  CONDITION  OF
 RELEASE  THAT GERIATRIC PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS AT
 REDUCED SUPERVISION RATIOS.
   5. A DENIAL OF RELEASE ON GERIATRIC  PAROLE  SHALL  NOT  PRECLUDE  THE
 INMATE  FROM  REAPPLYING  FOR  GERIATRIC  PAROLE  OR OTHERWISE AFFECT AN
 INMATE'S ELIGIBILITY FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY LAW.
   6. TO THE EXTENT THAT ANY PROVISION OF THIS SECTION  REQUIRES  DISCLO-
 SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
 OR  MAKING  A DECISION, REGARDING RELEASE ON GERIATRIC PAROLE OR FOR THE
 PURPOSE OF APPROPRIATELY SUPERVISING  A  PERSON  RELEASED  ON  GERIATRIC
 PAROLE,  AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE PROHIBITED BY ARTI-
 CLE TWENTY-SEVEN-F OF THAT PUBLIC HEALTH LAW,  THE  PROVISIONS  OF  THIS
 SECTION SHALL BE CONTROLLING.
   7.  THE COMMISSIONER AND THE CHAIR OF THE BOARD SHALL BE AUTHORIZED TO
 PROMULGATE RULES AND REGULATIONS FOR THEIR RESPECTIVE AGENCIES TO IMPLE-
 MENT THE PROVISIONS OF THIS SECTION.
   8. ANY DECISION MADE BY THE BOARD PURSUANT  TO  THIS  SECTION  MAY  BE
 APPEALED  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION TWO  HUNDRED FIFTY-
 NINE-I OF THIS ARTICLE.
   9. THE CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE  GOVERNOR,  THE
 TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, THE
 CHAIRPERSONS OF THE ASSEMBLY AND SENATE  CODES  COMMITTEES,  THE  CHAIR-
 PERSON  OF  THE  SENATE  CRIME AND CORRECTIONS COMMITTEE, AND THE CHAIR-
 PERSON OF THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF  INMATES  WHO
 HAVE  APPLIED  FOR  GERIATRIC  PAROLE UNDER THIS SECTION; THE NUMBER WHO
 HAVE BEEN GRANTED GERIATRIC PAROLE; THE NATURE OF  THE  ILLNESS  OF  THE
 APPLICANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE
 OF  THE  PLACEMENT  PURSUANT  TO  THE  DISCHARGE PLAN; THE CATEGORIES OF
 REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
 EES ON GERIATRIC PAROLE WHO HAVE BEEN RETURNED TO  IMPRISONMENT  IN  THE
 CUSTODY  OF THE DEPARTMENT AND THE REASONS FOR RETURN. SUCH REPORT SHALL
 ALSO BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART M

 A. 9505--B                         66
 
   Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
 law,  as  amended  by  section  1 of part C of chapter 57 of the laws of
 2016, is amended to read as follows:
   (b)  The  sum  of  one  million  five hundred thousand dollars must be
 deposited into the New York state emergency services revolving loan fund
 annually; provided, however, that such sums shall not be  deposited  for
 state  fiscal  years two thousand eleven--two thousand twelve, two thou-
 sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
 fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
 sixteen--two thousand seventeen [and], two thousand seventeen--two thou-
 sand eighteen, TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN  AND  TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY;
   § 2. This act shall take effect April 1, 2018.
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
   Section  1.    Paragraph  (f) of subdivision 3 of section 30.10 of the
 criminal procedure law, as separately amended by chapters 3 and  320  of
 the laws of 2006, is amended to read as follows:
   (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
 defined in article one hundred thirty of the penal  law,  other  than  a
 sexual  offense  delineated  in paragraph (a) of subdivision two of this
 section, committed against a child less  than  eighteen  years  of  age,
 incest  in  the  first,  second  or  third degree as defined in sections
 255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
 less  than eighteen years of age, or use of a child in a sexual perform-
 ance as defined in section 263.05 of the penal law, the period of  limi-
 tation  shall  not  begin  to run until the child has reached the age of
 [eighteen] TWENTY-THREE or the offense is reported to a law  enforcement
 agency  or  statewide  central register of child abuse and maltreatment,
 whichever occurs earlier.
   § 2. The opening paragraph of section 208 of the  civil  practice  law
 and  rules  is  designated  subdivision (a) and a new subdivision (b) is
 added to read as follows:
   (B) NOTWITHSTANDING ANY PROVISION OF LAW WHICH  IMPOSES  A  PERIOD  OF
 LIMITATION  TO  THE CONTRARY, WITH RESPECT TO ALL CIVIL CLAIMS OR CAUSES
 OF ACTION BROUGHT BY ANY PERSON FOR  PHYSICAL,  PSYCHOLOGICAL  OR  OTHER
 INJURY OR CONDITION SUFFERED BY SUCH PERSON AS A RESULT OF CONDUCT WHICH
 WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
 EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
 255.25 OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
 EIGHTEEN YEARS OF AGE, OR THE USE OF SUCH PERSON IN A SEXUAL PERFORMANCE
 AS  DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR STATUTE
 THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, WHICH  CONDUCT  WAS
 COMMITTED  AGAINST  SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
 SUCH ACTION MAY BE COMMENCED, AGAINST ANY  PARTY  WHOSE  INTENTIONAL  OR
 NEGLIGENT  ACTS OR OMISSIONS ARE ALLEGED TO HAVE RESULTED IN THE COMMIS-

 A. 9505--B                         67
 
 SION OF SAID CONDUCT, ON OR BEFORE THE  PLAINTIFF  OR  INFANT  PLAINTIFF
 REACHES THE AGE OF FIFTY YEARS. IN ANY SUCH CLAIM OR ACTION, IN ADDITION
 TO  ANY  OTHER  DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN
 ACCORDANCE WITH LAW, RULE OR THE COMMON LAW, TO THE EXTENT THAT THE ACTS
 ALLEGED  IN  SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF
 SECTION 130.30 OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45  OF
 THE  PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE
 CLOSING PARAGRAPH OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-g to read as follows:
   §  214-G.  CERTAIN  CHILD  SEXUAL  ABUSE  CASES.  NOTWITHSTANDING  ANY
 PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITATION TO  THE  CONTRARY,
 EVERY  CIVIL CLAIM OR CAUSE OF ACTION BROUGHT AGAINST ANY PARTY ALLEGING
 INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS BY  A  PERSON  FOR  PHYSICAL,
 PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF
 CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE
 ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
 EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION  255.27,  255.26  OR
 255.25  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
 YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE  AS  DEFINED
 IN  SECTION  263.05  OF  THE  PENAL  LAW,  OR A PREDECESSOR STATUTE THAT
 PROHIBITED SUCH CONDUCT AT THE  TIME  OF  THE  ACT,  WHICH  CONDUCT  WAS
 COMMITTED  AGAINST  A  CHILD  LESS  THAN EIGHTEEN YEARS OF AGE, WHICH IS
 BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE  THE  APPLICABLE
 PERIOD  OF  LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND ACTION THEREON
 MAY BE COMMENCED NOT EARLIER THAN SIX MONTHS AFTER, AND NOT  LATER  THAN
 ONE  YEAR  AND  SIX  MONTHS  AFTER  THE  EFFECTIVE DATE OF THIS SECTION,
 SUBJECT TO PARAGRAPH TWO OF SUBDIVISION (I) OF RULE  THIRTY-TWO  HUNDRED
 ELEVEN  OF THIS CHAPTER. IN ANY SUCH CLAIM OR ACTION, IN ADDITION TO ANY
 OTHER DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE  IN  ACCORD-
 ANCE  WITH  LAW,  RULE  OR  THE  COMMON LAW, TO THE EXTENT THAT THE ACTS
 ALLEGED IN SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION  ONE  OF
 SECTION  130.30 OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF
 THE PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN  THE
 CLOSING PARAGRAPH OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   §  4.  Rule  3211  of  the  civil practice law and rules is amended by
 adding a new subdivision (i) to read as follows:
   (I) MOTIONS TO DISMISS AND MOTIONS TO DISMISS AFFIRMATIVE DEFENSES  IN
 CERTAIN  ACTIONS IN WHICH CONDUCT CONSTITUTING THE COMMISSION OF CERTAIN
 SEXUAL OFFENSES ARE ALLEGED. 1. IN ANY ACTION WHERE THE PLAINTIFF  SEEKS
 TO  REVIVE  AN ACTION PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G OF THIS
 CHAPTER AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION WHICH HAD BEEN TIME
 BARRED, ANY AFFIRMATIVE DEFENSE OF LACHES, DELAY, OR MATERIAL IMPAIRMENT
 IN THE DEFENSE OR INVESTIGATION OF THE CLAIM  MUST  BE  SUPPORTED  BY  A
 CERTIFICATE  OF  MERIT SUBMITTED BY A PERSON WITH KNOWLEDGE OF THE FACTS
 SETTING FORTH THE SPECIFIC MANNER IN WHICH THE DEFENSE OR  INVESTIGATION
 HAS  BEEN AFFECTED. SAID CERTIFICATE MUST BE FILED AT OR BEFORE THE TIME
 IN WHICH THE ANSWER IS SERVED, UNLESS OTHERWISE PROVIDED BY ORDER OF THE
 COURT.
   2. UPON MOTION BY ANY PARTY, THE COURT SHALL DETERMINE BY A PREPONDER-
 ANCE OF THE EVIDENCE, WHETHER DEFENDANT HAS SUSTAINED HIS OR HER  BURDEN
 OF  PROOF  ON  ANY  MOTION  TO  DISMISS THE ACTION OR ON ANY AFFIRMATIVE
 DEFENSE IN WHICH IT IS ALLEGED THAT PREJUDICE HAS BEEN CAUSED TO DEFEND-
 ANT IN THE INVESTIGATION OR DEFENSE OF  THE  ACTION  DIRECTLY  RESULTING
 FROM  A  DELAY IN COMMENCING THE ACTION. A DEFENDANT SHALL NOT BE DEEMED
 PREJUDICED SOLELY ON ACCOUNT OF THE PASSAGE OF TIME.

 A. 9505--B                         68
 
   3. FURTHERMORE, IN ANY SUCH ACTION, IN ADDITION TO ANY  OTHER  DEFENSE
 AND  AFFIRMATIVE  DEFENSE  THAT MAY BE AVAILABLE IN ACCORDANCE WITH LAW,
 RULE OR THE COMMON LAW, TO THE EXTENT THAT  THE  ACTS  ALLEGED  IN  SUCH
 ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF SECTION 130.30 OF
 THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF THE PENAL LAW, THE
 AFFIRMATIVE  DEFENSES  SET FORTH, RESPECTIVELY, IN THE CLOSING PARAGRAPH
 OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   § 5. Subdivision (a) of rule 3403 of the civil practice law and  rules
 is amended by adding a new paragraph 7 to read as follows:
   7.  ANY  ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION TWO HUNDRED
 FOURTEEN-G OF THIS CHAPTER.
   § 6. Subdivision 8 of section 50-e of the general  municipal  law,  as
 amended  by  chapter  24  of  the  laws  of  1988, is amended to read as
 follows:
   8. Inapplicability of section. (A) This section  shall  not  apply  to
 claims  arising  under  the provisions of the workers' compensation law,
 the volunteer firefighters' benefit  law,  or  the  volunteer  ambulance
 workers'  benefit  law or to claims against public corporations by their
 own infant wards.
   (B) THIS SECTION SHALL NOT APPLY  TO  ANY  CLAIM  MADE  FOR  PHYSICAL,
 PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF
 CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE
 ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
 EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION  255.27,  255.26  OR
 255.25  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
 YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE  AS  DEFINED
 IN  SECTION  263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
 EIGHTEEN YEARS OF AGE.
   § 7. Section 50-i of the general municipal law is amended by adding  a
 new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
 FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL,  OR  OTHER
 INJURY  OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTI-
 TUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OF  THE
 PENAL  LAW  COMMITTED  AGAINST  A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE  PENAL  LAW
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
 A  CHILD  IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   § 8. Section 10 of the court of claims act is amended by adding a  new
 subdivision 10 to read as follows:
   10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
 ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH
 WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 OR THE USE OF A CHILD IN A SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION
 263.05  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
 YEARS OF AGE.
   § 9. Subdivision 2 of section 3813 of the education law, as amended by
 chapter 346 of the laws of 1978, is amended to read as follows:
   2. Notwithstanding anything to the contrary hereinbefore contained  in
 this section, no action or special proceeding founded upon tort shall be

 A. 9505--B                         69
 
 prosecuted  or  maintained  against  any  of  the  parties named in this
 section or against any teacher or member of the supervisory or  adminis-
 trative  staff  or employee where the alleged tort was committed by such
 teacher  or  member  or  employee  acting in the discharge of his duties
 within the scope of his employment and/or under  the  direction  of  the
 board of education, trustee or trustees, or governing body of the school
 unless  a  notice of claim shall have been made and served in compliance
 with section fifty-e of the general municipal law.   Every  such  action
 shall  be commenced pursuant to the provisions of section fifty-i of the
 general municipal law; PROVIDED, HOWEVER, THAT THIS  SECTION  SHALL  NOT
 APPLY  TO  ANY  CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR
 OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF  CONDUCT  WHICH  WOULD
 CONSTITUTE  A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE  PENAL  LAW
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
 A  CHILD  IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   § 10. Section 219-c of the judiciary law, as added by chapter  506  of
 the laws of 2011, is amended to read as follows:
   §  219-c.  Crimes  involving  sexual  assault  AND THE SEXUAL ABUSE OF
 MINORS; judicial training. The  office  of  court  administration  shall
 provide  training for judges and justices with respect to crimes involv-
 ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
   § 11. The judiciary law is amended by adding a new  section  219-d  to
 read as follows:
   § 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
 DREN.   THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES FOR
 THE TIMELY ADJUDICATION OF REVIVED ACTIONS BROUGHT PURSUANT  TO  SECTION
 TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES.
   §  12.  The  provisions  of  this  act  shall be severable, and if any
 clause, sentence, paragraph, subdivision 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, para-
 graph, subdivision or part thereof directly involved in the  controversy
 in which such judgment shall have been rendered.
   §  13. This act shall take effect immediately; except that section ten
 of this act shall take effect six  months  after  this  act  shall  have
 become  a law; provided, however, that training for cases brought pursu-
 ant to section 214-g of the civil practice law and rules,  as  added  by
 section  three  of  this act, shall commence three months after this act
 shall have become a law; and section  eleven  of  this  act  shall  take
 effect three months after this act shall have become a law.
 
                                  PART Q
 
                           Intentionally Omitted

                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
                           Intentionally Omitted

 A. 9505--B                         70
 
                                  PART T
 
   Section  1.  Section 2 of chapter 303 of the laws of 1988, relating to
 the extension of the state commission on the restoration of the capitol,
 as amended by chapter 207 of the laws of 2013, is  amended  to  read  as
 follows:
   §  2. The temporary state commission on the restoration of the capitol
 is hereby renamed as the state commission  on  the  restoration  of  the
 capitol (hereinafter to be referred to as the "commission") and is here-
 by  continued  until April 1, [2018] 2023.  The commission shall consist
 of eleven members to be appointed as  follows:  five  members  shall  be
 appointed  by the governor; two members shall be appointed by the tempo-
 rary president of the senate; two members  shall  be  appointed  by  the
 speaker  of  the assembly; one member shall be appointed by the minority
 leader of the senate; one member shall  be  appointed  by  the  minority
 leader  of  the  assembly,  together  with  the  commissioner of general
 services and the commissioner of parks, recreation and historic  preser-
 vation.  The  term  for  each  elected  member shall be for three years,
 except that of the first five members appointed  by  the  governor,  one
 shall  be for a one year term, and two shall be for a two year term, and
 one of the first appointments by the president of the senate and by  the
 speaker  of  the assembly shall be for a two year term. Any vacancy that
 occurs in the commission shall be filled in the same manner in which the
 original appointment was made. The commission shall elect a chairman and
 a vice-chairman from among its  members.    The  members  of  the  state
 commission  on  the  restoration  of  the  capitol shall be deemed to be
 members of the commission until  their  successors  are  appointed.  The
 members  of  the  commission  shall  receive  no  compensation for their
 services, but shall be reimbursed for their expenses actually and neces-
 sarily incurred by them in the performance of their duties hereunder.
   § 2. Section 9 of chapter 303 of the laws of  1988,  relating  to  the
 extension  of the state commission on the restoration of the capitol, as
 amended by chapter 207 of the laws  of  2013,  is  amended  to  read  as
 follows:
   §  9. This act shall take effect immediately, and shall remain in full
 force and effect until April 1, [2018] 2023.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2018; provided
 that the amendments to section 2 of chapter 303 of the laws of 1988 made
 by section one of this act shall not affect the expiration of such chap-
 ter, and shall be deemed to expire therewith.
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
                           Intentionally Omitted
 
                                  PART W
 
                           Intentionally Omitted
 
                                  PART X

 A. 9505--B                         71

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state secure choice savings program act".
   § 2. The retirement and social security law is amended by adding a new
 article 14-C to read as follows:
                               ARTICLE 14-C
               NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 SECTION 570. DEFINITIONS.
         571. PROGRAM ESTABLISHED.
         572. COMPOSITION OF THE BOARD.
         573. FIDUCIARY DUTY.
         574. DUTIES OF THE BOARD.
         575. RISK MANAGEMENT.
         576. INVESTMENT FIRMS.
         577. INVESTMENT OPTIONS.
         578. BENEFITS.
         579. EMPLOYER  AND  EMPLOYEE  INFORMATION PACKETS AND DISCLOSURE
                FORMS.
         580. PROGRAM IMPLEMENTATION AND ENROLLMENT.
         581. PAYMENTS.
         582. DUTY AND LIABILITY OF THE STATE.
         583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS.
         584. AUDIT AND REPORTS.
         585. DELAYED IMPLEMENTATION.
   § 570. DEFINITIONS. ALL TERMS SHALL HAVE THE SAME MEANING AS WHEN USED
 IN A COMPARABLE CONTEXT IN THE INTERNAL REVENUE CODE. AS  USED  IN  THIS
 ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BOARD" SHALL MEAN THE NEW YORK SECURE CHOICE SAVINGS PROGRAM BOARD
 ESTABLISHED UNDER THIS ARTICLE.
   2. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
 FINANCIAL SERVICES.
   2-A.  "COMMISSIONER"  SHALL  MEAN  THE  COMMISSIONER  OF  TAXATION AND
 FINANCE.
   2-B. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
   3. "EMPLOYEE" SHALL MEAN ANY INDIVIDUAL WHO IS EIGHTEEN YEARS  OF  AGE
 OR  OLDER,  WHO IS EMPLOYED BY AN EMPLOYER, AND WHO EARNED WAGES WORKING
 FOR AN EMPLOYER IN NEW YORK STATE DURING A CALENDAR YEAR.
   4. "EMPLOYER" SHALL MEAN A PERSON OR ENTITY  ENGAGED  IN  A  BUSINESS,
 INDUSTRY,  PROFESSION,  TRADE,  OR  OTHER  ENTERPRISE IN NEW YORK STATE,
 WHETHER FOR PROFIT OR NOT FOR PROFIT, THAT HAS NOT OFFERED  A  QUALIFIED
 RETIREMENT  PLAN,  INCLUDING, BUT NOT LIMITED TO, A PLAN QUALIFIED UNDER
 SECTIONS 401(A), 401(K), 403(A), 403(B), 408(K), 408(P) OR 457(B) OF THE
 INTERNAL REVENUE CODE OF 1986 IN THE PRECEDING TWO YEARS.
   5. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
   6. "FUND" SHALL MEAN THE NEW YORK STATE SECURE CHOICE SAVINGS  PROGRAM
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-BB OF THE STATE FINANCE
 LAW.
   7.  "INTERNAL  REVENUE  CODE"  SHALL MEAN THE INTERNAL REVENUE CODE OF
 1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
   8. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
   9. "PARTICIPATING EMPLOYER" SHALL MEAN  AN  EMPLOYER  THAT  ELECTS  TO
 PROVIDE A PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT AS PROVIDED FOR
 BY THIS ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE PROGRAM.
   10.  "PAYROLL  DEPOSIT  RETIREMENT  SAVINGS ARRANGEMENT" SHALL MEAN AN
 ARRANGEMENT BY WHICH A PARTICIPATING EMPLOYER ALLOWS ENROLLEES TO  REMIT
 PAYROLL DEDUCTION CONTRIBUTIONS TO THE PROGRAM.

 A. 9505--B                         72
 
   11.  "PROGRAM"  SHALL  MEAN  THE  NEW YORK STATE SECURE CHOICE SAVINGS
 PROGRAM.
   12.  "WAGES"  MEANS  ANY  COMPENSATION  WITHIN  THE MEANING OF SECTION
 219(F)(1) OF THE INTERNAL REVENUE CODE THAT IS RECEIVED BY  AN  ENROLLEE
 FROM A PARTICIPATING EMPLOYER DURING THE CALENDAR YEAR.
   §  571.  PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED A RETIREMENT
 SAVINGS PROGRAM IN THE FORM OF AN AUTOMATIC ENROLLMENT PAYROLL DEDUCTION
 IRA, KNOWN AS THE NEW YORK STATE  SECURE  CHOICE  SAVINGS  PROGRAM.  THE
 GENERAL  ADMINISTRATION  AND  RESPONSIBILITY FOR THE PROPER OPERATION OF
 THE PROGRAM SHALL BE ADMINISTERED  BY  THE  BOARD  FOR  THE  PURPOSE  OF
 PROMOTING  GREATER  RETIREMENT SAVINGS FOR PRIVATE-SECTOR EMPLOYEES IN A
 CONVENIENT, LOW-COST, AND PORTABLE MANNER.
   § 572. COMPOSITION OF THE BOARD. THERE IS HEREBY CREATED THE NEW  YORK
 STATE SECURE CHOICE SAVINGS PROGRAM BOARD.
   1. THE BOARD SHALL CONSIST OF THE FOLLOWING SEVEN MEMBERS:
   (A)  THE  COMMISSIONER,  OR  HIS  OR  HER DESIGNEE, WHO SHALL SERVE AS
 CHAIR;
   (B) THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE;
   (C) THE SUPERINTENDENT, OR HIS OR HER DESIGNEE;
   (D) TWO PUBLIC REPRESENTATIVES WITH EXPERTISE  IN  RETIREMENT  SAVINGS
 PLAN  ADMINISTRATION  OR  INVESTMENT,  OR  BOTH,  ONE  OF  WHOM SHALL BE
 APPOINTED BY THE SPEAKER OF THE  ASSEMBLY  AND  ONE  OF  WHOM  SHALL  BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (E)  A  REPRESENTATIVE  OF  PARTICIPATING  EMPLOYERS, APPOINTED BY THE
 GOVERNOR; AND
   (F) A REPRESENTATIVE OF ENROLLEES, APPOINTED BY THE GOVERNOR.
   2. MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION  BUT  MAY  BE
 REIMBURSED  FOR  NECESSARY  TRAVEL  EXPENSES INCURRED IN CONNECTION WITH
 THEIR BOARD DUTIES FROM FUNDS APPROPRIATED FOR THE PURPOSE.
   3. THE INITIAL APPOINTMENTS SHALL BE AS FOLLOWS: ONE PUBLIC  REPRESEN-
 TATIVE FOR FOUR YEARS; THE REPRESENTATIVE OF PARTICIPATING EMPLOYERS FOR
 THREE YEARS; AND THE REPRESENTATIVE OF ENROLLEES FOR THREE YEARS.  THER-
 EAFTER, ALL THE GOVERNOR'S APPOINTEES SHALL BE FOR TERMS OF FOUR YEARS.
   4.  A VACANCY IN THE TERM OF AN APPOINTED BOARD MEMBER SHALL BE FILLED
 FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL
 APPOINTMENT.
   § 573. FIDUCIARY DUTY. THE BOARD, THE INDIVIDUAL MEMBERS OF THE BOARD,
 THE TRUSTEES, ANY OTHER AGENTS APPOINTED OR ENGAGED BY  THE  BOARD,  AND
 ALL  PERSONS  SERVING AS PROGRAM STAFF SHALL DISCHARGE THEIR DUTIES WITH
 RESPECT TO THE PROGRAM SOLELY IN THE INTEREST OF THE PROGRAM'S ENROLLEES
 AND BENEFICIARIES AS FOLLOWS:
   1. FOR THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO  ENROLLEES  AND
 BENEFICIARIES  AND  DEFRAYING  REASONABLE  EXPENSES OF ADMINISTERING THE
 PROGRAM;
   2. BY INVESTING WITH THE CARE, SKILL, PRUDENCE,  AND  DILIGENCE  UNDER
 THE  PREVAILING  CIRCUMSTANCES  THAT  A  PRUDENT PERSON ACTING IN A LIKE
 CAPACITY AND FAMILIAR WITH THOSE MATTERS WOULD USE IN THE CONDUCT OF  AN
 ENTERPRISE OF A LIKE CHARACTER AND WITH LIKE AIMS; AND
   3.  BY  USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND EMPLOYERS REMIT-
 TING EMPLOYEES' OWN CONTRIBUTIONS INTO  THE  FUND  EXCLUSIVELY  FOR  THE
 PURPOSE OF PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST
 OF ADMINISTRATION OF THE PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENE-
 FIT OF THE PROGRAM.
   §  574.  DUTIES  OF  THE  BOARD.  IN  ADDITION TO THE OTHER DUTIES AND
 RESPONSIBILITIES STATED IN THIS ARTICLE, THE BOARD SHALL:

 A. 9505--B                         73
 
   1. CAUSE THE PROGRAM TO BE DESIGNED, ESTABLISHED  AND  OPERATED  IN  A
 MANNER THAT:
   (A) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
   (B)  MAXIMIZES  PARTICIPATION, SAVINGS, AND SOUND INVESTMENT PRACTICES
 INCLUDING CONSIDERING THE USE OF AUTOMATIC ENROLLMENT AS  ALLOWED  UNDER
 FEDERAL LAW;
   (C) MAXIMIZES SIMPLICITY, INCLUDING EASE OF ADMINISTRATION FOR PARTIC-
 IPATING EMPLOYERS AND ENROLLEES;
   (D)  PROVIDES  AN EFFICIENT PRODUCT TO ENROLLEES BY POOLING INVESTMENT
 FUNDS;
   (E) ENSURES THE PORTABILITY OF BENEFITS; AND
   (F) PROVIDES FOR THE DISTRIBUTION OF ENROLLEE ASSETS IN A MANNER  THAT
 MAXIMIZES FINANCIAL SECURITY IN RETIREMENT.
   2.  EXPLORE AND ESTABLISH INVESTMENT OPTIONS, SUBJECT TO THIS ARTICLE,
 THAT OFFER ENROLLEES RETURNS ON  CONTRIBUTIONS  AND  THE  CONVERSION  OF
 INDIVIDUAL  RETIREMENT  SAVINGS  ACCOUNT  BALANCES  TO SECURE RETIREMENT
 INCOME WITHOUT INCURRING DEBT OR LIABILITIES TO THE STATE.
   3. ESTABLISH THE PROCESS BY WHICH INTEREST, INVESTMENT  EARNINGS,  AND
 INVESTMENT  LOSSES ARE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS ON A PRO
 RATA BASIS AND ARE COMPUTED AT THE INTEREST RATE ON THE  BALANCE  OF  AN
 INDIVIDUAL'S ACCOUNT.
   4.  MAKE  AND ENTER INTO CONTRACTS NECESSARY FOR THE ADMINISTRATION OF
 THE PROGRAM AND FUND, INCLUDING,  BUT  NOT  LIMITED  TO,  RETAINING  AND
 CONTRACTING  WITH  INVESTMENT  MANAGERS, PRIVATE FINANCIAL INSTITUTIONS,
 OTHER FINANCIAL AND SERVICE PROVIDERS, CONSULTANTS, ACTUARIES,  COUNSEL,
 AUDITORS,  THIRD-PARTY ADMINISTRATORS, AND OTHER PROFESSIONALS AS NECES-
 SARY.
   5. CONDUCT A REVIEW OF THE PERFORMANCE OF ANY INVESTMENT VENDORS EVERY
 FOUR YEARS, INCLUDING, BUT NOT LIMITED TO, A REVIEW  OF  RETURNS,  FEES,
 AND  CUSTOMER  SERVICE. A COPY OF REVIEWS SHALL BE POSTED TO THE BOARD'S
 INTERNET WEBSITE.
   6. DETERMINE THE NUMBER AND DUTIES OF STAFF MEMBERS NEEDED TO ADMINIS-
 TER THE PROGRAM AND ASSEMBLE SUCH A STAFF, INCLUDING, AS NEEDED, EMPLOY-
 ING STAFF, AND APPOINTING A PROGRAM ADMINISTRATOR.
   7. CAUSE MONEYS IN THE FUND TO BE HELD AND INVESTED AS POOLED  INVEST-
 MENTS  DESCRIBED  IN THIS ARTICLE, WITH A VIEW TO ACHIEVING COST SAVINGS
 THROUGH EFFICIENCIES AND ECONOMIES OF SCALE.
   8. EVALUATE AND ESTABLISH THE PROCESS FOR:
   (A) AN ENROLLEE TO CONTRIBUTE A PORTION OF HIS OR  HER  WAGES  TO  THE
 PROGRAM;
   (B) PARTICIPATING EMPLOYERS TO FORWARD AN ENROLLEE'S CONTRIBUTIONS AND
 RELATED INFORMATION TO THE PROGRAM; AND
   (C)  THE  VOLUNTARY  ENROLLMENT  OF  PARTICIPATING  EMPLOYERS  IN  THE
 PROGRAM.
   9. THE BOARD MAY CONTRACT WITH FINANCIAL SERVICE COMPANIES AND  THIRD-
 PARTY ADMINISTRATORS WITH THE CAPABILITY TO RECEIVE AND PROCESS EMPLOYEE
 INFORMATION  AND  CONTRIBUTIONS  FOR  PAYROLL DEPOSIT RETIREMENT SAVINGS
 ARRANGEMENTS OR SIMILAR ARRANGEMENTS.
   10. DESIGN AND ESTABLISH THE  PROCESS  FOR  ENROLLMENT  INCLUDING  THE
 PROCESS  BY WHICH AN EMPLOYEE CAN OPT NOT TO PARTICIPATE IN THE PROGRAM,
 SELECT A CONTRIBUTION LEVEL, SELECT AN INVESTMENT OPTION, AND  TERMINATE
 PARTICIPATION IN THE PROGRAM.
   11. ACCEPT ANY GRANTS, APPROPRIATIONS, OR OTHER MONEYS FROM THE STATE,
 ANY  UNIT  OF  FEDERAL, STATE, OR LOCAL GOVERNMENT, OR ANY OTHER PERSON,
 FIRM, PARTNERSHIP, OR CORPORATION SOLELY FOR DEPOSIT INTO THE FUND.

 A. 9505--B                         74

   12. EVALUATE THE NEED FOR, AND PROCURE AS  NEEDED,  INSURANCE  AGAINST
 ANY  AND ALL LOSS IN CONNECTION WITH THE PROPERTY, ASSETS, OR ACTIVITIES
 OF THE PROGRAM, AND INDEMNIFY AS NEEDED EACH MEMBER OF  THE  BOARD  FROM
 PERSONAL  LOSS OR LIABILITY RESULTING FROM A MEMBER'S ACTION OR INACTION
 AS A MEMBER OF THE BOARD.
   13.  MAKE  PROVISIONS  FOR  THE  PAYMENT  OF  ADMINISTRATIVE COSTS AND
 EXPENSES FOR THE CREATION, MANAGEMENT, AND  OPERATION  OF  THE  PROGRAM.
 SUBJECT TO APPROPRIATION, THE STATE MAY PAY ADMINISTRATIVE COSTS ASSOCI-
 ATED  WITH  THE  CREATION AND MANAGEMENT OF THE PROGRAM UNTIL SUFFICIENT
 ASSETS ARE AVAILABLE IN THE  FUND  FOR  THAT  PURPOSE.  THEREAFTER,  ALL
 ADMINISTRATIVE  COSTS  OF  THE FUND, INCLUDING REPAYMENT OF ANY START-UP
 FUNDS PROVIDED BY THE STATE, SHALL BE PAID ONLY OUT OF MONEYS ON DEPOSIT
 THEREIN. HOWEVER, PRIVATE FUNDS OR FEDERAL FUNDING RECEIVED IN ORDER  TO
 IMPLEMENT  THE  PROGRAM  UNTIL  THE FUND IS SELF-SUSTAINING SHALL NOT BE
 REPAID UNLESS THOSE FUNDS WERE OFFERED CONTINGENT UPON  THE  PROMISE  OF
 SUCH  REPAYMENT.  THE BOARD SHALL KEEP ANNUAL ADMINISTRATIVE EXPENSES AS
 LOW AS POSSIBLE, BUT IN NO EVENT SHALL THEY EXCEED 0.75%  OF  THE  TOTAL
 FUND BALANCE.
   14.  ALLOCATE ADMINISTRATIVE FEES TO INDIVIDUAL RETIREMENT ACCOUNTS IN
 THE PROGRAM ON A PRO RATA BASIS.
   15. SET MINIMUM AND MAXIMUM CONTRIBUTION  LEVELS  IN  ACCORDANCE  WITH
 LIMITS ESTABLISHED FOR IRAS BY THE INTERNAL REVENUE CODE.
   16. FACILITATE EDUCATION AND OUTREACH TO EMPLOYERS AND EMPLOYEES.
   17.  FACILITATE COMPLIANCE BY THE PROGRAM WITH ALL APPLICABLE REQUIRE-
 MENTS FOR THE PROGRAM UNDER THE INTERNAL  REVENUE  CODE,  INCLUDING  TAX
 QUALIFICATION  REQUIREMENTS  OR  ANY OTHER APPLICABLE LAW AND ACCOUNTING
 REQUIREMENTS.
   18. CARRY OUT THE DUTIES AND OBLIGATIONS OF THE PROGRAM IN  AN  EFFEC-
 TIVE, EFFICIENT, AND LOW-COST MANNER.
   19.  EXERCISE  ANY  AND  ALL OTHER POWERS REASONABLY NECESSARY FOR THE
 EFFECTUATION OF THE PURPOSES, OBJECTIVES, AND PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE PROGRAM.
   20. DEPOSIT INTO THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE  FUND
 ALL  GRANTS,  GIFTS, DONATIONS, FEES, AND EARNINGS FROM INVESTMENTS FROM
 THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND THAT ARE  USED  TO
 RECOVER  ADMINISTRATIVE  COSTS.  ALL EXPENSES OF THE BOARD SHALL BE PAID
 FROM THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   21. DETERMINE  WITHDRAWAL  PROVISIONS,  SUCH  AS  ECONOMIC  HARDSHIPS,
 PORTABILITY AND LEAKAGE.
   22. DETERMINE EMPLOYEE RIGHTS AND ENFORCEMENT OF PENALTIES.
   §  575.  RISK MANAGEMENT. THE BOARD SHALL ANNUALLY PREPARE AND ADOPT A
 WRITTEN STATEMENT OF INVESTMENT POLICY THAT INCLUDES A  RISK  MANAGEMENT
 AND  OVERSIGHT PROGRAM. THIS INVESTMENT POLICY SHALL PROHIBIT THE BOARD,
 PROGRAM, AND FUND FROM  BORROWING  FOR  INVESTMENT  PURPOSES.  THE  RISK
 MANAGEMENT  AND  OVERSIGHT  PROGRAM  SHALL BE DESIGNED TO ENSURE THAT AN
 EFFECTIVE RISK MANAGEMENT SYSTEM IS IN PLACE TO MONITOR THE RISK  LEVELS
 OF  THE  PROGRAM  AND FUND PORTFOLIO, TO ENSURE THAT THE RISKS TAKEN ARE
 PRUDENT AND PROPERLY MANAGED, TO PROVIDE AN INTEGRATED PROCESS FOR OVER-
 ALL RISK MANAGEMENT, AND TO ASSESS INVESTMENT RETURNS AS WELL AS RISK TO
 DETERMINE IF THE RISKS TAKEN  ARE  ADEQUATELY  COMPENSATED  COMPARED  TO
 APPLICABLE PERFORMANCE BENCHMARKS AND STANDARDS. THE BOARD SHALL CONSID-
 ER  THE STATEMENT OF INVESTMENT POLICY AND ANY CHANGES IN THE INVESTMENT
 POLICY AT A PUBLIC HEARING.
   § 576. INVESTMENT FIRMS. 1. THE BOARD SHALL ENGAGE, AFTER AN OPEN  BID
 PROCESS,  AN  INVESTMENT  MANAGER OR MANAGERS TO INVEST THE FUND AND ANY
 OTHER ASSETS OF THE PROGRAM.   IN SELECTING THE  INVESTMENT  MANAGER  OR

 A. 9505--B                         75
 
 MANAGERS, THE BOARD SHALL TAKE INTO CONSIDERATION AND GIVE WEIGHT TO THE
 INVESTMENT  MANAGER'S  FEES AND CHARGES IN ORDER TO REDUCE THE PROGRAM'S
 ADMINISTRATIVE EXPENSES.
   2.  THE  INVESTMENT  MANAGER OR MANAGERS SHALL COMPLY WITH ANY AND ALL
 APPLICABLE FEDERAL AND STATE LAWS, RULES, AND REGULATIONS,  AS  WELL  AS
 ANY  AND  ALL  RULES,  POLICIES, AND GUIDELINES PROMULGATED BY THE BOARD
 WITH RESPECT TO THE PROGRAM AND THE INVESTMENT OF THE  FUND,  INCLUDING,
 BUT NOT LIMITED TO, THE INVESTMENT POLICY.
   3.  THE  INVESTMENT  MANAGER OR MANAGERS SHALL PROVIDE SUCH REPORTS AS
 THE BOARD DEEMS NECESSARY FOR  THE  BOARD  TO  OVERSEE  EACH  INVESTMENT
 MANAGER'S PERFORMANCE AND THE PERFORMANCE OF THE FUND.
   §  577.  INVESTMENT  OPTIONS.  1.  THE BOARD SHALL ESTABLISH A DEFAULT
 INVESTMENT OPTION FOR ENROLLEES WHO FAIL TO ELECT AN INVESTMENT  OPTION.
 IN  MAKING  SUCH  DETERMINATION, THE BOARD SHALL CONSIDER THE COST, RISK
 PROFILE, BENEFIT LEVEL AND EASE OF ENROLLMENT. THE BOARD MAY CHANGE  THE
 DEFAULT  OPTION  IF THE BOARD DETERMINES THAT SUCH CHANGE IS IN THE BEST
 INTERESTS OF THE ENROLLEES.
   2. THE BOARD MAY ESTABLISH THE FOLLOWING INVESTMENT OPTIONS  INCLUDING
 BUT NOT LIMITED TO:
   (A) A CONSERVATIVE PRINCIPAL PROTECTION FUND;
   (B) A GROWTH FUND;
   (C)  A  SECURE RETURN FUND WHOSE PRIMARY OBJECTIVE IS THE PRESERVATION
 OF THE SAFETY OF PRINCIPAL AND THE PROVISION OF A  STABLE  AND  LOW-RISK
 RATE  OF  RETURN; IF THE BOARD ELECTS TO ESTABLISH A SECURE RETURN FUND,
 THE BOARD MAY PROCURE ANY INSURANCE, ANNUITY, OR OTHER PRODUCT TO INSURE
 THE VALUE OF ENROLLEES' ACCOUNTS AND GUARANTEE A  RATE  OF  RETURN;  THE
 COST  OF  SUCH FUNDING MECHANISM SHALL BE PAID OUT OF THE FUND; UNDER NO
 CIRCUMSTANCES SHALL THE BOARD, PROGRAM, FUND, THE STATE, OR ANY  PARTIC-
 IPATING  EMPLOYER ASSUME ANY LIABILITY FOR INVESTMENT OR ACTUARIAL RISK;
 THE BOARD SHALL DETERMINE WHETHER TO ESTABLISH SUCH  INVESTMENT  OPTIONS
 BASED  UPON  AN  ANALYSIS  OF  THEIR  COST, RISK PROFILE, BENEFIT LEVEL,
 FEASIBILITY, AND EASE OF IMPLEMENTATION; OR
   (D) AN ANNUITY FUND.
   § 578. BENEFITS. INTEREST, INVESTMENT EARNINGS, AND INVESTMENT  LOSSES
 SHALL  BE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS AS ESTABLISHED BY THE
 BOARD PURSUANT TO THIS ARTICLE. AN INDIVIDUAL'S RETIREMENT SAVINGS BENE-
 FIT UNDER THE PROGRAM SHALL BE AN AMOUNT EQUAL TO  THE  BALANCE  IN  THE
 INDIVIDUAL'S  PROGRAM ACCOUNT ON THE DATE THE RETIREMENT SAVINGS BENEFIT
 BECOMES PAYABLE. THE STATE SHALL HAVE NO LIABILITY FOR  THE  PAYMENT  OF
 ANY BENEFIT TO ANY ENROLLEE IN THE PROGRAM.
   § 579. EMPLOYER AND EMPLOYEE INFORMATION PACKETS AND DISCLOSURE FORMS.
 1.  PRIOR  TO THE OPENING OF THE PROGRAM FOR ENROLLMENT, THE BOARD SHALL
 DESIGN AND DISSEMINATE TO ALL EMPLOYERS AN EMPLOYER  INFORMATION  PACKET
 AND  AN  EMPLOYEE  INFORMATION  PACKET,  WHICH  SHALL INCLUDE BACKGROUND
 INFORMATION ON THE PROGRAM, AND NECESSARY DISCLOSURES AS REQUIRED BY LAW
 FOR EMPLOYEES.
   2. THE BOARD SHALL PROVIDE FOR  THE  CONTENTS  OF  BOTH  THE  EMPLOYEE
 INFORMATION  PACKET  AND  THE EMPLOYER INFORMATION PACKET.  THE EMPLOYEE
 INFORMATION PACKET SHALL BE MADE AVAILABLE IN ENGLISH, SPANISH,  HAITIAN
 CREOLE,  CHINESE,  KOREAN,  RUSSIAN,  ARABIC, AND ANY OTHER LANGUAGE THE
 BOARD DEEMS NECESSARY.
   3. THE EMPLOYEE INFORMATION PACKET SHALL INCLUDE  A  DISCLOSURE  FORM.
 THE  DISCLOSURE  FORM  SHALL  EXPLAIN, BUT NOT BE LIMITED TO, ALL OF THE
 FOLLOWING:
   (A) THE BENEFITS AND RISKS ASSOCIATED WITH MAKING CONTRIBUTIONS TO THE
 PROGRAM;

 A. 9505--B                         76
 
   (B) THE PROCESS FOR MAKING CONTRIBUTIONS TO THE PROGRAM;
   (C) HOW TO OPT OUT OF THE PROGRAM;
   (D)  THE  PROCESS  BY WHICH AN EMPLOYEE CAN PARTICIPATE IN THE PROGRAM
 WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER THAN THREE PERCENT;
   (E) THAT THEY ARE NOT REQUIRED TO PARTICIPATE OR CONTRIBUTE MORE  THAN
 THREE PERCENT;
   (F)  THE  PROCESS  BY  WHICH  AN  EMPLOYEE CAN OPT OUT AFTER THEY HAVE
 ENROLLED;
   (G) THE PROCESS FOR WITHDRAWAL OF RETIREMENT SAVINGS;
   (H) THE  PROCESS  FOR  SELECTING  BENEFICIARIES  OF  THEIR  RETIREMENT
 SAVINGS;
   (I) HOW TO OBTAIN ADDITIONAL INFORMATION ABOUT THE PROGRAM;
   (J)  THAT  EMPLOYEES SEEKING FINANCIAL ADVICE SHOULD CONTACT FINANCIAL
 ADVISORS, THAT PARTICIPATING EMPLOYERS ARE NOT IN A POSITION TO  PROVIDE
 FINANCIAL  ADVICE,  AND  THAT PARTICIPATING EMPLOYERS ARE NOT LIABLE FOR
 DECISIONS EMPLOYEES MAKE PURSUANT TO THIS ARTICLE;
   (K) INFORMATION ON HOW TO  ACCESS  ANY  AVAILABLE  FINANCIAL  LITERACY
 PROGRAMS;
   (L) THAT THE PROGRAM IS NOT AN EMPLOYER-SPONSORED RETIREMENT PLAN; AND
   (M) THAT THE PROGRAM FUND IS NOT GUARANTEED BY THE STATE.
   4.  THE  EMPLOYEE  INFORMATION PACKET SHALL ALSO INCLUDE A FORM FOR AN
 EMPLOYEE TO NOTE HIS OR HER DECISION TO OPT OUT OF PARTICIPATION IN  THE
 PROGRAM  OR  ELECT TO PARTICIPATE WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS
 OTHER THAN THREE PERCENT.
   5. PARTICIPATING EMPLOYERS SHALL SUPPLY THE EMPLOYEE INFORMATION PACK-
 ET TO EXISTING EMPLOYEES AT LEAST ONE MONTH PRIOR TO  THE  PARTICIPATING
 EMPLOYERS'  LAUNCH  OF THE PROGRAM. PARTICIPATING EMPLOYERS SHALL SUPPLY
 THE EMPLOYEE INFORMATION PACKET TO NEW EMPLOYEES AT THE TIME OF  HIRING,
 AND  NEW  EMPLOYEES MAY OPT OUT OF PARTICIPATION IN THE PROGRAM OR ELECT
 TO PARTICIPATE WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER  THAN  THREE
 PERCENT AT THAT TIME.
   §  580.  PROGRAM  IMPLEMENTATION  AND  ENROLLMENT. EXCEPT AS OTHERWISE
 PROVIDED IN THIS ARTICLE, THE PROGRAM SHALL BE IMPLEMENTED, AND  ENROLL-
 MENT  OF  EMPLOYEES  SHALL  BEGIN,  WITHIN  TWENTY-FOUR MONTHS AFTER THE
 EFFECTIVE DATE OF THIS ARTICLE. THE PROVISIONS OF THIS SECTION SHALL  BE
 IN FORCE AFTER THE BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   1.  EACH PARTICIPATING EMPLOYER MAY ELECT TO PROVIDE A PAYROLL DEPOSIT
 RETIREMENT SAVINGS ARRANGEMENT TO ALLOW EACH EMPLOYEE TO PARTICIPATE  IN
 THE  PROGRAM  AND  BEGIN  EMPLOYEE ENROLLMENT NOT LATER THAN NINE MONTHS
 AFTER THE BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   2. ENROLLEES SHALL HAVE THE ABILITY TO  SELECT  A  CONTRIBUTION  LEVEL
 INTO  THE  FUND. THIS LEVEL MAY BE EXPRESSED AS A PERCENTAGE OF WAGES OR
 AS A DOLLAR AMOUNT UP TO THE DEDUCTIBLE AMOUNT FOR THE ENROLLEE'S  TAXA-
 BLE YEAR UNDER SECTION 219(B)(1)(A) OF THE INTERNAL REVENUE CODE. ENROL-
 LEES  MAY  CHANGE THEIR CONTRIBUTION LEVEL AT ANY TIME, SUBJECT TO RULES
 PROMULGATED BY THE BOARD. IF AN ENROLLEE FAILS TO SELECT A  CONTRIBUTION
 LEVEL  USING  THE  FORM  DESCRIBED IN THIS ARTICLE, THEN HE OR SHE SHALL
 CONTRIBUTE THREE PERCENT OF HIS OR HER WAGES TO  THE  PROGRAM,  PROVIDED
 THAT  SUCH  CONTRIBUTIONS  SHALL NOT CAUSE THE ENROLLEE'S TOTAL CONTRIB-
 UTIONS TO IRAS FOR THE YEAR TO EXCEED  THE  DEDUCTIBLE  AMOUNT  FOR  THE
 ENROLLEE'S  TAXABLE  YEAR  UNDER  SECTION  219(B)(1)(A)  OF THE INTERNAL
 REVENUE CODE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY  ENROLLEE,
 WHOSE  EMPLOYER FAILS TO MAKE EMPLOYEE DEDUCTIONS IN ACCORDANCE WITH THE
 PROVISIONS IN SECTION ONE HUNDRED NINETY-THREE OF  THE  LABOR  LAW,  MAY
 BRING  AN  ACTION,  PURSUANT  TO SECTION ONE HUNDRED NINETY-EIGHT OF THE
 LABOR LAW, TO RECOVER SUCH MONIES. FURTHER, ANY PARTICIPATING  EMPLOYER,

 A. 9505--B                         77
 
 WHO  FAILS TO MAKE EMPLOYEE DEDUCTIONS IN ACCORDANCE WITH THE PROVISIONS
 IN SECTION ONE HUNDRED NINETY-THREE OF THE LABOR LAW, SHALL  BE  SUBJECT
 TO  THE  PENALTIES AND FINES PROVIDED FOR IN SECTION ONE HUNDRED NINETY-
 EIGHT-A OF THE LABOR LAW.
   3.  ENROLLEES  MAY  SELECT  AN  INVESTMENT  OPTION  OFFERED  UNDER THE
 PROGRAM. ENROLLEES MAY CHANGE  THEIR  INVESTMENT  OPTION  AT  ANY  TIME,
 SUBJECT TO RULES PROMULGATED BY THE BOARD. IN THE EVENT THAT AN ENROLLEE
 FAILS  TO  SELECT AN INVESTMENT OPTION, THAT ENROLLEE SHALL BE PLACED IN
 THE INVESTMENT OPTION SELECTED BY THE BOARD AS THE  DEFAULT  UNDER  THIS
 ARTICLE.
   4.  FOLLOWING  INITIAL  IMPLEMENTATION OF THE PROGRAM PURSUANT TO THIS
 SECTION, AT LEAST ONCE EVERY YEAR, PARTICIPATING EMPLOYERS SHALL  DESIG-
 NATE  AN  OPEN  ENROLLMENT  PERIOD DURING WHICH EMPLOYEES WHO PREVIOUSLY
 OPTED OUT OF THE PROGRAM MAY ENROLL IN THE PROGRAM.
   5. AN EMPLOYEE WHO OPTS OUT OF THE PROGRAM WHO SUBSEQUENTLY  WANTS  TO
 PARTICIPATE THROUGH THE PARTICIPATING EMPLOYER'S PAYROLL DEPOSIT RETIRE-
 MENT  SAVINGS  ARRANGEMENT  MAY  ONLY  ENROLL  DURING  THE PARTICIPATING
 EMPLOYER'S DESIGNATED OPEN ENROLLMENT PERIOD  OR  IF  PERMITTED  BY  THE
 PARTICIPATING EMPLOYER AT AN EARLIER TIME.
   6.  EMPLOYERS  SHALL RETAIN THE OPTION AT ALL TIMES TO SET UP ANY TYPE
 OF EMPLOYER-SPONSORED RETIREMENT PLAN INSTEAD OF HAVING A PAYROLL DEPOS-
 IT RETIREMENT SAVINGS ARRANGEMENT TO ALLOW EMPLOYEE PARTICIPATION IN THE
 PROGRAM.
   7. AN ENROLLEE MAY TERMINATE HIS OR HER ENROLLMENT IN THE  PROGRAM  AT
 ANY TIME IN A MANNER PRESCRIBED BY THE BOARD.
   8. (A) THE COMMISSIONER SHALL ESTABLISH A WEBSITE REGARDING THE SECURE
 CHOICE SAVINGS PROGRAM WHICH SHALL BE ACCESSIBLE THROUGH THE COMMISSION-
 ER'S OWN WEBSITE.
   (B)  THE  BOARD SHALL, IN CONJUNCTION WITH THE COMMISSIONER, ESTABLISH
 AND MAINTAIN A SECURE WEBSITE WHEREIN ENROLLEES MAY LOG IN  AND  ACQUIRE
 INFORMATION  REGARDING CONTRIBUTIONS AND INVESTMENT INCOME ALLOCATED TO,
 WITHDRAWALS FROM, AND BALANCES IN THEIR PROGRAM ACCOUNTS FOR THE REPORT-
 ING PERIOD. SUCH WEBSITE MUST ALSO INCLUDE INFORMATION FOR THE ENROLLEES
 REGARDING OTHER OPTIONS AVAILABLE TO  THE  EMPLOYEE  AND  HOW  THEY  CAN
 TRANSFER  THEIR  ACCOUNTS  TO  OTHER PROGRAMS SHOULD THEY WISH TO DO SO.
 SUCH WEBSITE MAY INCLUDE ANY OTHER INFORMATION REGARDING THE PROGRAM  AS
 THE BOARD MAY DETERMINE.
   §  581. PAYMENTS. EMPLOYEE CONTRIBUTIONS DEDUCTED BY THE PARTICIPATING
 EMPLOYER THROUGH PAYROLL DEDUCTION SHALL BE PAID  BY  THE  PARTICIPATING
 EMPLOYER  TO  THE  FUND  USING  ONE  OR  MORE PAYROLL DEPOSIT RETIREMENT
 SAVINGS ARRANGEMENTS  ESTABLISHED  BY  THE  BOARD  UNDER  THIS  ARTICLE,
 EITHER:
   1. ON OR BEFORE THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH
 THE  COMPENSATION  OTHERWISE  WOULD HAVE BEEN PAYABLE TO THE EMPLOYEE IN
 CASH; OR
   2. BEFORE SUCH LATER DEADLINE PRESCRIBED BY THE BOARD FOR MAKING  SUCH
 PAYMENTS,  BUT  NOT  LATER  THAN  THE  DUE  DATE  FOR THE DEPOSIT OF TAX
 REQUIRED TO BE DEDUCTED AND WITHHELD RELATING TO  COLLECTION  OF  INCOME
 TAX  AT  SOURCE  ON  WAGES OR FOR THE DEPOSIT OF TAX REQUIRED TO BE PAID
 UNDER THE UNEMPLOYMENT INSURANCE SYSTEM FOR THE PAYROLL PERIOD TO  WHICH
 SUCH PAYMENTS RELATE.
   §  582.  DUTY  AND  LIABILITY OF THE STATE. 1. THE STATE SHALL HAVE NO
 DUTY OR LIABILITY TO ANY PARTY FOR THE PAYMENT OF ANY RETIREMENT SAVINGS
 BENEFITS ACCRUED BY  ANY  ENROLLEE  UNDER  THE  PROGRAM.  ANY  FINANCIAL
 LIABILITY  FOR  THE  PAYMENT OF RETIREMENT SAVINGS BENEFITS IN EXCESS OF
 FUNDS AVAILABLE UNDER THE PROGRAM SHALL BE BORNE SOLELY BY THE  ENTITIES

 A. 9505--B                         78
 
 WITH  WHOM THE BOARD CONTRACTS TO PROVIDE INSURANCE TO PROTECT THE VALUE
 OF THE PROGRAM.
   2. NO STATE BOARD, COMMISSION, OR AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 MEMBER  THEREOF  IS  LIABLE  FOR  ANY  LOSS OR DEFICIENCY RESULTING FROM
 PARTICULAR INVESTMENTS SELECTED  UNDER  THIS  ARTICLE,  EXCEPT  FOR  ANY
 LIABILITY THAT ARISES OUT OF A BREACH OF FIDUCIARY DUTY.
   §  583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS. 1.  PARTICIPAT-
 ING EMPLOYERS SHALL NOT HAVE ANY LIABILITY FOR AN EMPLOYEE'S DECISION TO
 PARTICIPATE IN, OR OPT OUT OF, THE PROGRAM OR FOR THE  INVESTMENT  DECI-
 SIONS OF THE BOARD OR OF ANY ENROLLEE.
   2. A PARTICIPATING EMPLOYER SHALL NOT BE A FIDUCIARY, OR CONSIDERED TO
 BE  A  FIDUCIARY,  OVER  THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT
 BEAR RESPONSIBILITY FOR THE ADMINISTRATION,  INVESTMENT,  OR  INVESTMENT
 PERFORMANCE OF THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT BE LIABLE
 WITH  REGARD TO INVESTMENT RETURNS, PROGRAM DESIGN, AND BENEFITS PAID TO
 PROGRAM PARTICIPANTS.
   § 584. AUDIT AND REPORTS. 1. THE BOARD SHALL ANNUALLY SUBMIT:
   (A) AN AUDITED FINANCIAL REPORT, PREPARED IN ACCORDANCE WITH GENERALLY
 ACCEPTED ACCOUNTING PRINCIPLES, ON THE OPERATIONS OF THE PROGRAM  DURING
 EACH  CALENDAR YEAR BY JULY FIRST OF THE FOLLOWING YEAR TO THE GOVERNOR,
 THE COMMISSIONER, THE SPEAKER OF THE ASSEMBLY, THE  TEMPORARY  PRESIDENT
 OF  THE  SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
 CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE  ASSEMBLY  LABOR
 COMMITTEE,  THE  CHAIR  OF  THE SENATE LABOR COMMITTEE, THE CHAIR OF THE
 ASSEMBLY GOVERNMENTAL EMPLOYEES COMMITTEE, AND THE CHAIR OF  THE  SENATE
 CIVIL SERVICE AND PENSION COMMITTEE; AND
   (B)  A  REPORT  PREPARED BY THE BOARD, WHICH SHALL INCLUDE, BUT IS NOT
 LIMITED TO, A SUMMARY OF THE BENEFITS PROVIDED BY THE PROGRAM, INCLUDING
 THE NUMBER OF ENROLLEES IN THE PROGRAM, THE PERCENTAGE  AND  AMOUNTS  OF
 INVESTMENT  OPTIONS AND RATES OF RETURN, AND SUCH OTHER INFORMATION THAT
 IS RELEVANT TO MAKE A FULL, FAIR, AND EFFECTIVE DISCLOSURE OF THE  OPER-
 ATIONS OF THE PROGRAM AND THE FUND. THE ANNUAL AUDIT SHALL BE MADE BY AN
 INDEPENDENT  CERTIFIED  PUBLIC  ACCOUNTANT AND SHALL INCLUDE, BUT IS NOT
 LIMITED TO, DIRECT AND INDIRECT COSTS ATTRIBUTABLE TO THE USE OF OUTSIDE
 CONSULTANTS, INDEPENDENT CONTRACTORS, AND ANY OTHER PERSONS WHO ARE  NOT
 STATE EMPLOYEES FOR THE ADMINISTRATION OF THE PROGRAM.
   2. IN ADDITION TO ANY OTHER STATEMENTS OR REPORTS REQUIRED BY LAW, THE
 BOARD  SHALL  PROVIDE  PERIODIC  REPORTS AT LEAST ANNUALLY TO ENROLLEES,
 REPORTING CONTRIBUTIONS AND INVESTMENT INCOME ALLOCATED TO,  WITHDRAWALS
 FROM,  AND  BALANCES IN THEIR PROGRAM ACCOUNTS FOR THE REPORTING PERIOD.
 SUCH REPORTS MAY INCLUDE ANY OTHER INFORMATION REGARDING THE PROGRAM  AS
 THE BOARD MAY DETERMINE.
   §  585.  DELAYED IMPLEMENTATION. IF THE BOARD DOES NOT OBTAIN ADEQUATE
 FUNDS TO IMPLEMENT THE PROGRAM WITHIN THE TIME  FRAME  SET  FORTH  UNDER
 THIS  ARTICLE  AND  IS SUBJECT TO APPROPRIATION, THE BOARD MAY DELAY THE
 IMPLEMENTATION OF THE PROGRAM.
   § 3. The state finance law is amended by adding two new sections 99-bb
 and 99-cc to read as follows:
   § 99-BB. NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND. 1.   THERE
 IS  HEREBY  ESTABLISHED  WITHIN  THE SOLE CUSTODY OF THE COMMISSIONER OF
 TAXATION AND FINANCE IN CONSULTATION WITH  THE  NEW  YORK  STATE  SECURE
 CHOICE  SAVINGS  PROGRAM  BOARD,  A NEW FUND TO BE KNOWN AS THE NEW YORK
 STATE SECURE CHOICE SAVINGS PROGRAM FUND.
   2. THE FUND SHALL INCLUDE THE INDIVIDUAL RETIREMENT ACCOUNTS OF ENROL-
 LEES, WHICH SHALL BE ACCOUNTED FOR AS INDIVIDUAL ACCOUNTS.

 A. 9505--B                         79
 
   3. MONEYS IN THE FUND SHALL CONSIST OF MONEYS RECEIVED FROM  ENROLLEES
 AND PARTICIPATING EMPLOYERS PURSUANT TO AUTOMATIC PAYROLL DEDUCTIONS AND
 CONTRIBUTIONS  TO  SAVINGS  MADE  UNDER THE NEW YORK STATE SECURE CHOICE
 SAVINGS PROGRAM PURSUANT TO ARTICLE FOURTEEN-C  OF  THE  RETIREMENT  AND
 SOCIAL SECURITY LAW.
   4.  THE  FUND SHALL BE OPERATED IN A MANNER DETERMINED BY THE NEW YORK
 STATE SECURE CHOICE SAVINGS PROGRAM BOARD, PROVIDED  THAT  THE  FUND  IS
 OPERATED SO THAT THE ACCOUNTS OF ENROLLEES ESTABLISHED UNDER THE PROGRAM
 MEET THE REQUIREMENTS FOR IRAS UNDER THE INTERNAL REVENUE CODE.
   5.  THE AMOUNTS DEPOSITED IN THE FUND SHALL NOT CONSTITUTE PROPERTY OF
 THE STATE AND THE FUND SHALL NOT BE CONSTRUED TO BE A DEPARTMENT, INSTI-
 TUTION, OR AGENCY OF THE STATE. AMOUNTS ON DEPOSIT IN THE FUND SHALL NOT
 BE COMMINGLED WITH STATE FUNDS AND THE STATE SHALL HAVE NO CLAIM  TO  OR
 AGAINST, OR INTEREST IN, SUCH FUNDS.
   §  99-CC.  NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND. 1.  THERE
 IS HEREBY ESTABLISHED WITHIN THE SOLE CUSTODY  OF  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  IN  CONSULTATION  WITH THE NEW YORK STATE SECURE
 CHOICE SAVINGS PROGRAM BOARD, A NEW FUND TO BE KNOWN  AS  THE  NEW  YORK
 STATE SECURE CHOICE ADMINISTRATIVE FUND.
   2.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE ADMINISTRATIVE FUND TO PAY FOR ADMINISTRATIVE EXPENSES  IT
 INCURS  IN THE PERFORMANCE OF ITS DUTIES UNDER THE NEW YORK STATE SECURE
 CHOICE SAVINGS PROGRAM PURSUANT TO ARTICLE FOURTEEN-C OF THE  RETIREMENT
 AND SOCIAL SECURITY LAW.
   3.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE  ADMINISTRATIVE  FUND  TO  COVER  START-UP  ADMINISTRATIVE
 EXPENSES  IT INCURS IN THE PERFORMANCE OF ITS DUTIES UNDER ARTICLE FOUR-
 TEEN-C OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   4. THE ADMINISTRATIVE FUND MAY RECEIVE  ANY  GRANTS  OR  OTHER  MONEYS
 DESIGNATED  FOR  ADMINISTRATIVE  PURPOSES FROM THE STATE, OR ANY UNIT OF
 FEDERAL OR LOCAL GOVERNMENT, OR ANY OTHER PERSON, FIRM, PARTNERSHIP,  OR
 CORPORATION.  ANY  INTEREST  EARNINGS THAT ARE ATTRIBUTABLE TO MONEYS IN
 THE ADMINISTRATIVE FUND MUST BE DEPOSITED INTO THE ADMINISTRATIVE FUND.
   § 4. This act shall take effect immediately.
 
                                  PART Y
 
                           Intentionally Omitted
 
                                  PART Z
 
                           Intentionally Omitted
 
                                  PART AA

                           Intentionally Omitted
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  PART CC
 
                           Intentionally Omitted
 
                                  PART DD

 A. 9505--B                         80
 
   Section 1. This part enacts into law components of legislation  relat-
 ing  to  local  government  shared  services.   Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  B.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart  is set forth in 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 Part sets forth the general effective
 date of this Part.
 
                                 SUBPART A
 
   Section 1. Section 106-b of the uniform justice court act, as added by
 chapter 87 of the laws of 2008, is amended to read as follows:
 § 106-b. Election of [a single] ONE OR MORE town [justice] JUSTICES  for
            two or more adjacent towns.
   1.  Two  or  more adjacent towns within the same county, acting by and
 through their town boards, are authorized to jointly undertake  a  study
 relating  to  the  election  of  [a  single]  ONE OR MORE town [justice]
 JUSTICES who shall preside in the town courts of each  such  town.  Such
 study  shall  be commenced upon and conducted pursuant to a joint resol-
 ution adopted by the town board of each such adjacent town.  Such  joint
 resolution  or  a certified copy thereof shall upon adoption be filed in
 the office of the town clerk of each  adjacent  town  which  adopts  the
 resolution.  No  study authorized by this subdivision shall be commenced
 until the joint resolution providing for the study shall have been filed
 with the town clerks of at least two adjacent towns which  adopted  such
 joint resolution.
   2. Within thirty days after the conclusion of a study conducted pursu-
 ant  to  subdivision  one  of  this  section, each town which shall have
 adopted the joint resolution providing for the study shall  publish,  in
 its official newspaper or, if there be no official newspaper, in a news-
 paper  published  in  the county and having a general circulation within
 such town, notice that the study has been concluded and the  time,  date
 and  place  of  the  town  public hearing on such study. Each town shall
 conduct a public hearing on the study, conducted pursuant to subdivision
 one of this section, not less than twenty days nor more than thirty days
 after publication of the notice of such public hearing.
   3. The town board of each town party to  the  study  shall  conduct  a
 public hearing upon the findings of such study, and shall hear testimony
 and receive evidence and information thereon with regard to the election
 of  one  OR MORE town [justice] JUSTICES to preside over the town courts
 of the adjacent towns which are parties to the joint resolution  provid-
 ing for the study.
   4. Within sixty days of the last public hearing upon a study conducted
 pursuant  to  subdivision  one of this section, town boards of each town
 which participated in such study shall determine whether the  town  will
 participate in a joint plan providing for the election of [a single] ONE
 OR  MORE town [justice] JUSTICES to preside in the town courts of two or
 more adjacent towns.  Every such joint plan shall only be approved by  a
 town by the adoption of a resolution by the town board providing for the
 adoption  of  such  joint  plan. In the event two or more adjacent towns
 fail to adopt a joint plan, all proceedings authorized by  this  section

 A. 9505--B                         81
 
 shall  terminate  and  the  town  courts of such towns shall continue to
 operate in accordance with the existing provisions of law.
   5.  Upon  the  adoption of a joint plan by two or more adjacent towns,
 the town boards of the towns adopting such plan shall each adopt a joint
 resolution providing for:
   a. the election of [a single] ONE OR MORE town [justice]  JUSTICES  at
 large to preside in the town courts of the participating towns;
   b. the abolition of the existing office of town justice in the partic-
 ipating towns; and
   c.  the  election of [such single] ONE OR MORE town [justice] JUSTICES
 shall occur at the next general election  of  town  officers  and  every
 fourth year thereafter.
   6.  Upon  the adoption of a joint resolution, such resolution shall be
 forwarded to the state legislature, and  shall  constitute  a  municipal
 home rule message pursuant to article nine of the state constitution and
 the  municipal home rule law. No such joint resolution shall take effect
 until state legislation enacting the joint resolution shall have  become
 a law.
   7. Every town justice elected to preside in multiple towns pursuant to
 this  section shall have jurisdiction in each of the participating adja-
 cent towns, shall preside in the town courts of such towns, shall  main-
 tain  separate  records and dockets for each town court, and shall main-
 tain a separate bank account for each town  court  for  the  deposit  of
 moneys received by each town court.
   8.  In  the  event  any  town  court operated pursuant to a joint plan
 enacted into law pursuant to this section is without the services of the
 [single] ONE OR MORE town [justice] JUSTICES because of absence or disa-
 bility, the provisions of section one hundred six of  this  article  and
 the town law shall apply.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
                          Intentionally Omitted.
 
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Subparts A and B of this Part shall be
 as specifically set forth in the last section of such Subparts.
 
                                  PART EE
 
   Section 1. The general municipal law is amended by adding a new  arti-
 cle 12-I to read as follows:
                               ARTICLE 12-I
                    COUNTY-WIDE SHARED SERVICES PANELS
 SECTION 239-BB. COUNTY-WIDE SHARED SERVICES PANELS.

 A. 9505--B                         82
 
   §  239-BB.  COUNTY-WIDE  SHARED  SERVICES  PANELS. 1. DEFINITIONS. THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS FOR  THE  PURPOSES  OF
 THIS ARTICLE:
   A. "COUNTY" SHALL MEAN ANY COUNTY NOT WHOLLY CONTAINED WITHIN A CITY.
   B.  "COUNTY  CEO"  SHALL  MEAN THE COUNTY EXECUTIVE, COUNTY MANAGER OR
 OTHER CHIEF EXECUTIVE OF THE COUNTY, OR, WHERE NONE, THE  CHAIR  OF  THE
 COUNTY LEGISLATIVE BODY.
   C.  "PANEL" SHALL MEAN A COUNTY-WIDE SHARED SERVICES PANEL ESTABLISHED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   D. "PLAN" SHALL  MEAN  A  COUNTY-WIDE  SHARED  SERVICES  PROPERTY  TAX
 SAVINGS PLAN.
   2. COUNTY-WIDE SHARED SERVICES PANELS. A. THERE SHALL BE A COUNTY-WIDE
 SHARED  SERVICES  PANEL IN EACH COUNTY CONSISTING OF THE COUNTY CEO, AND
 ONE REPRESENTATIVE FROM EACH CITY, TOWN AND VILLAGE IN THE  COUNTY.  THE
 CHIEF  EXECUTIVE  OFFICER  OF  EACH  TOWN, CITY AND VILLAGE SHALL BE THE
 REPRESENTATIVE TO A PANEL AND SHALL  BE  THE  MAYOR,  IF  A  CITY  OR  A
 VILLAGE,  OR  SHALL  BE  THE SUPERVISOR, IF A TOWN. THE COUNTY CEO SHALL
 SERVE AS CHAIR. ALL PANELS ESTABLISHED IN EACH COUNTY PURSUANT  TO  PART
 BBB  OF  CHAPTER  FIFTY-NINE  OF THE LAWS OF TWO THOUSAND SEVENTEEN, AND
 PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL CONTINUE  IN  SATISFACTION
 OF THIS SECTION IN SUCH FORM AS THEY WERE ESTABLISHED, PROVIDED THAT THE
 COUNTY  CEO  MAY ALTER THE MEMBERSHIP OF THE PANEL CONSISTENT WITH PARA-
 GRAPH B OF THIS SUBDIVISION.
   B. THE COUNTY CEO MAY INVITE ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES,  FIRE  DISTRICT,  FIRE  PROTECTION  DISTRICT,  OR
 SPECIAL  IMPROVEMENT  DISTRICT  IN THE COUNTY TO JOIN A PANEL. UPON SUCH
 INVITATION, THE GOVERNING BODY OF SUCH SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, FIRE DISTRICT, FIRE PROTECTION DISTRICT,  OR
 OTHER  SPECIAL DISTRICT MAY ACCEPT SUCH INVITATION BY SELECTING A REPRE-
 SENTATIVE OF SUCH GOVERNING BODY, BY MAJORITY VOTE, TO SERVE AS A MEMBER
 OF THE PANEL. SUCH SCHOOL DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICT,  FIRE  PROTECTION  DISTRICT  OR OTHER SPECIAL
 DISTRICT SHALL MAINTAIN  SUCH  REPRESENTATION  UNTIL  THE  PANEL  EITHER
 APPROVES  A  PLAN  OR TRANSMITS A STATEMENT TO THE SECRETARY OF STATE ON
 THE REASON THE PANEL DID NOT APPROVE A PLAN, PURSUANT TO PARAGRAPH D  OF
 SUBDIVISION  SEVEN OF THIS SECTION.  UPON APPROVAL OF A PLAN OR A TRANS-
 MISSION OF A STATEMENT TO THE SECRETARY OF STATE THAT A  PANEL  DID  NOT
 APPROVE  A  PLAN IN ANY CALENDAR YEAR, THE COUNTY CEO MAY, BUT NEED NOT,
 INVITE ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES,
 FIRE  DISTRICT, FIRE PROTECTION DISTRICT OR SPECIAL IMPROVEMENT DISTRICT
 IN THE COUNTY TO JOIN A PANEL THEREAFTER CONVENED.
   3. EACH COUNTY CEO SHALL, AFTER SATISFYING THE  REQUIREMENTS  OF  PART
 BBB  OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN, REVISE
 AND UPDATE A PREVIOUSLY APPROVED PLAN OR DEVELOP A NEW PLAN. SUCH  PLANS
 SHALL CONTAIN NEW, RECURRING PROPERTY TAX SAVINGS RESULTING FROM ACTIONS
 SUCH  AS,  BUT  NOT LIMITED TO, THE ELIMINATION OF DUPLICATIVE SERVICES;
 SHARED SERVICE ARRANGEMENTS INCLUDING, JOINT PURCHASING, SHARED  HIGHWAY
 EQUIPMENT, SHARED STORAGE FACILITIES, SHARED PLOWING SERVICES, AND ENER-
 GY  AND INSURANCE PURCHASING COOPERATIVES; REDUCING BACK OFFICE ADMINIS-
 TRATIVE OVERHEAD; AND BETTER-COORDINATING  SERVICES.  THE  SECRETARY  OF
 STATE MAY PROVIDE GUIDANCE ON THE FORM AND STRUCTURE OF SUCH PLANS.
   4.  WHILE  DEVELOPING  A  PLAN, THE COUNTY CEO SHALL REGULARLY CONSULT
 WITH, AND TAKE RECOMMENDATIONS FROM, THE REPRESENTATIVES: ON THE  PANEL;
 OF  EACH COLLECTIVE BARGAINING UNIT OF THE COUNTY AND THE CITIES, TOWNS,
 AND VILLAGES; AND OF EACH COLLECTIVE BARGAINING UNIT OF ANY  PARTICIPAT-

 A. 9505--B                         83
 
 ING  SCHOOL  DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, FIRE
 DISTRICT, FIRE PROTECTION DISTRICT, OR SPECIAL IMPROVEMENT DISTRICT.
   5.  THE  COUNTY  CEO,  THE  COUNTY  LEGISLATIVE BODY AND A PANEL SHALL
 ACCEPT INPUT FROM THE PUBLIC, CIVIC, BUSINESS, LABOR AND COMMUNITY LEAD-
 ERS ON ANY PROPOSED PLAN. THE COUNTY CEO SHALL CAUSE TO BE  CONDUCTED  A
 MINIMUM OF THREE PUBLIC HEARINGS PRIOR TO SUBMISSION OF A PLAN TO A VOTE
 OF A PANEL. ALL SUCH PUBLIC HEARINGS SHALL BE CONDUCTED WITHIN THE COUN-
 TY,  AND  PUBLIC  NOTICE OF ALL SUCH HEARINGS SHALL BE PROVIDED AT LEAST
 ONE WEEK PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION  ONE  OF  SECTION
 ONE  HUNDRED  FOUR  OF THE PUBLIC OFFICERS LAW.  CIVIC, BUSINESS, LABOR,
 AND COMMUNITY LEADERS, AS WELL  AS  MEMBERS  OF  THE  PUBLIC,  SHALL  BE
 PERMITTED TO PROVIDE PUBLIC TESTIMONY AT ANY SUCH HEARINGS.
   6.  A. THE COUNTY CEO SHALL SUBMIT EACH PLAN, ACCOMPANIED BY A CERTIF-
 ICATION AS TO THE ACCURACY OF THE  SAVINGS  CONTAINED  THEREIN,  TO  THE
 COUNTY  LEGISLATIVE BODY AT LEAST FORTY-FIVE DAYS PRIOR TO A VOTE BY THE
 PANEL.
   B. THE COUNTY LEGISLATIVE BODY SHALL REVIEW  AND  CONSIDER  EACH  PLAN
 SUBMITTED IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION. A MAJORITY
 OF  THE  MEMBERS OF SUCH BODY MAY ISSUE AN ADVISORY REPORT ON EACH PLAN,
 MAKING RECOMMENDATIONS AS DEEMED NECESSARY. THE COUNTY CEO MAY MODIFY  A
 PLAN  BASED  ON  SUCH  RECOMMENDATIONS,  WHICH  SHALL INCLUDE AN UPDATED
 CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS CONTAINED THEREIN.
   7. A. A PANEL SHALL DULY CONSIDER ANY PLAN PROPERLY SUBMITTED  TO  THE
 PANEL  BY THE COUNTY CEO AND MAY APPROVE SUCH PLAN BY A MAJORITY VOTE OF
 THE PANEL. EACH MEMBER OF A PANEL MAY, PRIOR  TO  THE  PANEL-WIDE  VOTE,
 CAUSE  TO  BE REMOVED FROM A PLAN ANY PROPOSED ACTION AFFECTING THE UNIT
 OF GOVERNMENT REPRESENTED BY THE RESPECTIVE MEMBER.  WRITTEN  NOTICE  OF
 SUCH  REMOVAL  SHALL BE PROVIDED TO THE COUNTY CEO PRIOR TO A PANEL-WIDE
 VOTE ON A PLAN.
   B. PLANS APPROVED BY A PANEL SHALL BE TRANSMITTED TO THE SECRETARY  OF
 STATE  NO  LATER  THAN  THIRTY DAYS FROM THE DATE OF APPROVAL BY A PANEL
 ACCOMPANIED BY A CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS  ACCOM-
 PANIED  THEREIN,  AND SHALL BE PUBLICLY DISSEMINATED TO RESIDENTS OF THE
 COUNTY IN A CONCISE, CLEAR, AND COHERENT MANNER USING WORDS WITH  COMMON
 AND EVERYDAY MEANING.
   C.  THE COUNTY CEO SHALL CONDUCT A PUBLIC PRESENTATION OF ANY APPROVED
 PLAN NO LATER THAN THIRTY DAYS FROM THE DATE OF  APPROVAL  BY  A  PANEL.
 PUBLIC  NOTICE  OF SUCH PRESENTATION SHALL BE PROVIDED AT LEAST ONE WEEK
 PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
 FOUR OF THE PUBLIC OFFICERS LAW.
   D. BEGINNING IN TWO THOUSAND TWENTY, BY  JANUARY  FIFTEENTH  FOLLOWING
 ANY CALENDAR YEAR DURING WHICH A PANEL DID NOT APPROVE A PLAN AND TRANS-
 MIT  SUCH PLAN TO THE SECRETARY OF STATE PURSUANT TO PARAGRAPH B OF THIS
 SUBDIVISION, SUCH PANEL SHALL RELEASE TO THE PUBLIC AND TRANSMIT TO  THE
 SECRETARY  OF STATE A STATEMENT EXPLAINING WHY THE PANEL DID NOT APPROVE
 A PLAN THAT YEAR, INCLUDING, FOR EACH VOTE ON A PLAN, THE VOTE TAKEN  BY
 EACH PANEL MEMBER AND AN EXPLANATION BY EACH PANEL MEMBER OF THEIR VOTE.
   8. THE SECRETARY OF STATE MAY SOLICIT, AND THE PANELS SHALL PROVIDE AT
 HER  OR  HIS  REQUEST,  ADVICE,  GUIDANCE AND RECOMMENDATIONS CONCERNING
 MATTERS RELATED TO  THE  OPERATIONS  OF  LOCAL  GOVERNMENTS  AND  SHARED
 SERVICES  INITIATIVES, INCLUDING, BUT NOT LIMITED TO, MAKING RECOMMENDA-
 TIONS  REGARDING  GRANT  PROPOSALS  INCORPORATING  ELEMENTS  OF   SHARED
 SERVICES,   GOVERNMENT  DISSOLUTIONS,  GOVERNMENT  AND  SERVICE  CONSOL-
 IDATIONS, OR PROPERTY TAXES AND SUCH OTHER GRANTS  WHERE  THE  SECRETARY
 DEEMS  THE INPUT OF THE PANELS TO BE IN THE BEST INTEREST OF THE PUBLIC.

 A. 9505--B                         84
 
 THE PANEL SHALL ADVANCE SUCH ADVICE, GUIDANCE OR  RECOMMENDATIONS  BY  A
 VOTE OF THE MAJORITY OF THE MEMBERS PRESENT AT SUCH MEETING.
   9. THE DEPARTMENT OF STATE SHALL PREPARE A REPORT TO THE GOVERNOR, THE
 MAJORITY  LEADER  OF  THE  SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE
 COUNTY-WIDE SHARED SERVICES PANELS CREATED PURSUANT TO PART BBB OF CHAP-
 TER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN  AND  THIS  ARTICLE
 AND SHALL POST THE REPORT ON THE DEPARTMENT'S WEBSITE. SUCH REPORT SHALL
 BE  PROVIDED  ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-ONE
 AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   A. A SUMMARY OF PLANS BY PROJECT CATEGORY, INCLUDING, BUT NOT  LIMITED
 TO, THE FOLLOWING:
   (1) PUBLIC HEALTH AND INSURANCE;
   (2) EMERGENCY SERVICES;
   (3) SEWER, WATER, AND WASTE MANAGEMENT SYSTEMS;
   (4) ENERGY PROCUREMENT AND EFFICIENCY;
   (5) PARKS AND RECREATION;
   (6) EDUCATION AND WORKFORCE TRAINING;
   (7) LAW AND COURTS;
   (8) SHARED EQUIPMENT, PERSONNEL, AND SERVICES;
   (9) JOINT PURCHASING;
   (10) GOVERNMENTAL REORGANIZATION;
   (11) TRANSPORTATION AND HIGHWAY DEPARTMENTS; AND
   (12) RECORDS MANAGEMENT AND ADMINISTRATIVE FUNCTIONS.
   B. FOR EACH OF THE COUNTIES THE FOLLOWING INFORMATION:
   (1)  A  DETAILED  SUMMARY  OF  EACH  OF  THE  SAVINGS PLANS, INCLUDING
 REVISIONS AND UPDATES SUBMITTED EACH YEAR OR  THE  STATEMENT  EXPLAINING
 WHY THE COUNTY DID NOT APPROVE A PLAN IN ANY YEAR;
   (2) THE ANTICIPATED SAVINGS FOR EACH PLAN;
   (3)  SAVINGS  THAT ARE ACTUALLY AND DEMONSTRABLY REALIZED BY EACH PLAN
 FROM IMPLEMENTATION THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY;
   (4) ANY COSTS INCURRED BY THE COUNTY FOR  THE  ADMINISTRATION  OF  THE
 PANELS;
   (5) THE NUMBER OF CITIES, TOWNS AND VILLAGES IN THE COUNTY;
   (6)  THE  NUMBER  OF CITIES, TOWNS AND VILLAGES THAT PARTICIPATED IN A
 PANEL;
   (7) THE NUMBER OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICTS,  FIRE PROTECTION DISTRICTS, OR OTHER SPECIAL
 DISTRICTS IN THE COUNTY;
   (8) THE NUMBER OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICTS,  FIRE PROTECTION DISTRICTS, OR OTHER SPECIAL
 DISTRICTS INVITED TO PARTICIPATE IN A PANEL;
   (9) THE NUMBER OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICTS,  FIRE PROTECTION DISTRICTS, OR OTHER SPECIAL
 DISTRICTS THAT PARTICIPATED IN A PANEL;
   (10) THE AMOUNT OF  SAVINGS  ACHIEVED  BY  EACH  PARTICIPATING  SCHOOL
 DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, FIRE DISTRICT, FIRE
 PROTECTION DISTRICT OR OTHER SPECIAL DISTRICT;
   (11)  THE  NUMBER OF RECOMMENDATIONS RECEIVED FROM UNITS OF GOVERNMENT
 WITHIN THE COUNTY;
   (12) THE NUMBER OF RECOMMENDATIONS RECEIVED FROM COLLECTIVE BARGAINING
 UNITS;
   (13) THE NUMBER OF PUBLIC HEARINGS HELD EACH YEAR AND  THE  AMOUNT  OF
 PUBLIC PARTICIPATION AT SUCH HEARINGS;
   (14)  ANY  ADVISORY REPORTS APPROVED BY THE COUNTY LEGISLATURE AND ANY
 MODIFICATIONS MADE AS A RESULT OF AN ADVISORY REPORT;

 A. 9505--B                         85

   (15) ANY PROPOSED ACTIONS REMOVED AT THE REQUEST OF AN AFFECTED  LOCAL
 GOVERNMENT;
   (16)  THE NUMBER OF PROPOSED ACTIONS THAT ACTUALLY ELIMINATED DUPLICA-
 TIVE SERVICES OR WERE NEW SHARED SERVICE AGREEMENTS;
   (17) ANY REDUCTIONS TO THE TAX CAP OF A PARTICIPATING UNIT OF  GOVERN-
 MENT DUE TO THE TRANSFER OF A SERVICE; AND
   (18) ANY REAL PROPERTY TAX SAVINGS LISTED BY UNIT OF GOVERNMENT.
   §  2. If any clause, sentence, paragraph, subdivision, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment shall not affect, impair, or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph,  subdivision,  section  or  part  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed April 1, 2021.
 
                                  PART FF
 
   Section  1.  Subdivision 7 of section 2046-c of the public authorities
 law, as added by chapter 632 of the laws of the 1982, is amended to read
 as follows:
   7. There shall be an annual independent  audit  of  the  accounts  and
 business  practices of the agency performed by independent outside audi-
 tors [nominated by the director of the division of the budget]. Any such
 auditor shall serve no more than three consecutive years.
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
   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).

 A. 9505--B                         86
 
   20. Operating permit program account (21451).
   21. Mobile source account (21452).
   22.   Statewide  planning  and  research  cooperative  system  account
 (21902).
   23. New York state thruway authority account (21905).
   24. Mental hygiene program fund account (21907).
   25. Mental hygiene patient income account (21909).
   26. Financial control board account (21911).
   27. Regulation of racing account (21912).
   28. New York Metropolitan Transportation Council account (21913).
   29. State university dormitory income reimbursable account (21937).
   30. Criminal justice improvement account (21945).
   31. Environmental laboratory reference fee account (21959).
   32. Clinical laboratory reference system assessment account (21962).
   33. Indirect cost recovery account (21978).
   34. High school equivalency program account (21979).
   35. Multi-agency training account (21989).
   36.  Interstate  reciprocity  for  post-secondary  distance  education
 account (23800).
   37. Bell jar collection account (22003).
   38. Industry and utility service account (22004).
   39. Real property disposition account (22006).
   40. Parking account (22007).
   41. Courts special grants (22008).
   42. Asbestos safety training program account (22009).
   43. Batavia school for the blind account (22032).
   44. Investment services account (22034).
   45. Surplus property account (22036).
   46. Financial oversight account (22039).
   47. Regulation of Indian gaming account (22046).
   48. Rome school for the deaf account (22053).
   49. Seized assets account (22054).
   50. Administrative adjudication account (22055).
   51. Federal salary sharing account (22056).
   52. New York City assessment account (22062).
   53. Cultural education account (22063).
   54. Local services account (22078).
   55. DHCR mortgage servicing account (22085).
   56. Housing indirect cost recovery account (22090).
   57. DHCR-HCA application fee account (22100).
   58. Low income housing monitoring account (22130).
   59. Corporation administration account (22135).
   60. Montrose veteran's home account (22144).
   61. Deferred compensation administration account (22151).
   62. Rent revenue other New York City account (22156).
   63. Rent revenue account (22158).
   64. Tax revenue arrearage account (22168).
   65. Intentionally omitted.
   66. State university general income offset account (22654).
   67. Lake George park trust fund account (22751).
   68. State police motor vehicle law enforcement account (22802).
   69. Highway safety program account (23001).
   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).

 A. 9505--B                         87
 
   74. Highway use tax administration account (23801).
   75. Fantasy sports administration account (24951).
   76. Highway and bridge capital account (30051).
   77. Aviation purpose account (30053).
   78. State university residence hall rehabilitation fund (30100).
   79. State parks infrastructure account (30351).
   80. Clean water/clean air implementation fund (30500).
   81. Hazardous waste remedial cleanup account (31506).
   82. Youth facilities improvement account (31701).
   83. Housing assistance fund (31800).
   84. Housing program fund (31850).
   85. Highway facility purpose account (31951).
   86. Information technology capital financing account (32215).
   87. New York racing account (32213).
   88. Capital miscellaneous gifts account (32214).
   89.  New  York  environmental protection and spill remediation account
 (32219).
   90. Mental hygiene facilities capital improvement fund (32300).
   91. Correctional facilities capital improvement fund (32350).
   92. New York State Storm Recovery Capital Fund (33000).
   93. OGS convention center account (50318).
   94. Empire Plaza Gift Shop (50327).
   95. Centralized services fund (55000).
   96. Archives records management account (55052).
   97. Federal single audit account (55053).
   98. Civil service EHS occupational health program account (55056).
   99. Banking services account (55057).
   100. Cultural resources survey account (55058).
   101. Neighborhood work project account (55059).
   102. Automation & printing chargeback account (55060).
   103. OFT NYT account (55061).
   104. Data center account (55062).
   105. Intrusion detection account (55066).
   106. Domestic violence grant account (55067).
   107. Centralized technology services account (55069).
   108. Labor contact center account (55071).
   109. Human services contact center account (55072).
   110. Tax contact center account (55073).
   111. Executive direction internal audit account (55251).
   112. CIO Information technology centralized services account (55252).
   113. Health insurance internal service account (55300).
   114. Civil service employee benefits division  administrative  account
 (55301).
   115. Correctional industries revolving fund (55350).
   116. Employees health insurance account (60201).
   117. Medicaid management information system escrow fund (60900).
   118. Department of law civil recoveries account.
   § 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).

 A. 9505--B                         88
 
   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).
   § 1-b. 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 fund within the special reven-
 ue, capital projects, proprietary or fiduciary funds for the purpose  of
 payment  of  any  fringe  benefit  or indirect cost liabilities or obli-
 gations incurred.
   § 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, 2019, up to the unencumbered balance or the follow-
 ing amounts:
   Economic Development and Public Authorities:
   1. $175,000 from the miscellaneous special revenue  fund,  underground
 facilities safety training account (22172), to the general fund.
   2. $2,500,000 from the miscellaneous special revenue fund, cable tele-
 vision account (21971), to the general fund.
   3.  An  amount  up  to the unencumbered balance from the miscellaneous
 special revenue fund, business and licensing services  account  (21977),
 to the general fund.
   4.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
 enforcement account (21904), to the general fund.
   5. $3,000,000 from the  general  fund  to  the  miscellaneous  special
 revenue fund, tax revenue arrearage account (22168).
   Education:
   1.  $2,294,000,000  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.  $906,800,000  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. $140,040,000 from the general fund to the New York state commercial
 gaming fund, commercial gaming revenue account (23701), as reimbursement
 for  disbursements made from such fund for supplemental aid to education
 pursuant to section 97-nnnn of the state finance law that are in  excess
 of  the  amounts deposited in such fund for purposes pursuant to section
 1352 of the racing, pari-mutuel wagering and breeding law.
   4. Moneys from the state lottery fund (20900) up to an amount deposit-
 ed in such fund pursuant to section 1612 of the tax law in excess of the
 current year appropriation for supplemental aid to education pursuant to
 section 92-c of the state finance law.
   5. $300,000 from the New York state local government  records  manage-
 ment  improvement  fund,  local  government  records  management account
 (20501), to the New York state archives partnership trust fund, archives
 partnership trust maintenance account (20351).
   6. $900,000 from the general fund to the miscellaneous special revenue
 fund, Batavia school for the blind account (22032).

 A. 9505--B                         89
 
   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.  $20,000,000  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. $44,000,000 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, 2018 through March 31,
 2019.
   12. $4,300,000 from the miscellaneous special revenue fund, office  of
 the  professions  account (22051), to the miscellaneous capital projects
 fund, office of the professions electronic licensing account (32200).
   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. $5,000,000 from any of the department  of  environmental  conserva-
 tion's special revenue federal funds to the conservation fund (21150) as
 necessary 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 capital
 projects fund, I love NY water account (32212).
   5. $28,000,000 from the general fund to the  environmental  protection
 fund, environmental protection fund transfer account (30451).
   6.  $6,500,000  from  the general fund to the hazardous waste remedial
 fund, hazardous waste oversight and assistance account (31505).
   7. An amount up to or equal to the cash  balance  within  the  special
 revenue-other  waste management & cleanup account (21053) to the capital
 projects fund (30000) for services and capital expenses related  to  the
 management  and  cleanup  program as put forth in section 27-1915 of the
 environmental conservation law.
   Family Assistance:
   1. $7,000,000 from any of the office of children and family  services,
 office  of  temporary and disability assistance, or department of health
 special revenue federal funds and the general fund, in  accordance  with
 agreements  with social services districts, to the miscellaneous special
 revenue fund, office of human resources development state match  account
 (21967).
   2.  $4,000,000  from any of the office of children and family services
 or office of temporary and disability assistance special revenue federal
 funds to the miscellaneous special revenue fund, family preservation and
 support services and family violence services account (22082).
   3. $18,670,000 from any of the office of children and family services,
 office of temporary and disability assistance, or department  of  health
 special  revenue  federal  funds  and  any  other miscellaneous revenues

 A. 9505--B                         90
 
 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 funds to the  miscellaneous  special  revenue
 fund,  office  of  temporary  and  disability assistance program account
 (21980).
   6. $7,400,000 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. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
 facility per diem account (22186), to the general fund.
   8.  $621,850  from the general fund to the combined gifts, grants, and
 bequests fund, WB Hoyt Memorial account (20128).
   9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
 central registry (22028), to the general fund.
   General Government:
   1. $1,566,000 from the miscellaneous special revenue fund, examination
 and miscellaneous revenue account (22065) to the general fund.
   2.  $8,083,000 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.  $21,778,000  from  the  general  fund to the centralized services
 fund, COPS account (55013).
   11. $13,960,000 from the general fund to the agencies internal service
 fund, central technology services account (55069), for  the  purpose  of
 enterprise technology projects.
   12. $5,500,000 from the miscellaneous special revenue fund, technology
 financing  account  (22207)  to  the  internal service fund, data center
 account (55062).
   13. $12,500,000 from the internal service fund, human services telecom
 account (55063) to  the  internal  service  fund,  data  center  account
 (55062).
   14.  $300,000  from  the  internal  service  fund, learning management
 systems account (55070)  to  the  internal  service  fund,  data  center
 account (55062).

 A. 9505--B                         91
 
   15.  $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,
 (32218).
   16.  $12,000,000  from the miscellaneous special revenue fund, parking
 services account (22007), to the centralized services, building  support
 services account (55018).
   17.  $6,000,000  from  the  general fund to the internal service fund,
 business services center account (55022).
   Health:
   1. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund, breast cancer research and education account (20155), up
 to an amount equal to the  monies  collected  and  deposited  into  that
 account in the previous fiscal year.
   2.  A transfer from the general fund to the combined gifts, grants and
 bequests  fund,  prostate  cancer  research,  detection,  and  education
 account  (20183),  up  to  an  amount  equal to the moneys collected and
 deposited into that account in the previous fiscal year.
   3. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund,  Alzheimer's  disease  research  and  assistance account
 (20143), up to an amount equal to the  moneys  collected  and  deposited
 into that account in the previous fiscal year.
   4.  $33,134,000  from the HCRA resources fund (20800) to the miscella-
 neous special revenue fund, empire state stem cell  trust  fund  account
 (22161).
   5. $6,000,000 from the miscellaneous special revenue fund, certificate
 of  need  account  (21920),  to the miscellaneous capital projects fund,
 healthcare IT capital subfund (32216).
   6. $2,000,000 from  the  miscellaneous  special  revenue  fund,  vital
 health  records  account  (22103), to the miscellaneous capital projects
 fund, healthcare IT capital subfund (32216).
   7. $2,000,000 from the miscellaneous  special  revenue  fund,  profes-
 sional  medical  conduct  account  (22088), to the miscellaneous capital
 projects fund, healthcare IT capital subfund (32216).
   8. $91,304,000 from the HCRA resources fund  (20800)  to  the  capital
 projects fund (30000).
   9.  $6,550,000  from  the  general fund to the medical marihuana trust
 fund, health operation and oversight account (23755).
   10. $1,086,000 from the miscellaneous special  revenue  fund,  certif-
 icate of need account (21920), to the general fund.
   11.  A  transfer  of up to $500 million from the miscellaneous special
 revenue fund, health care stabilization account to  the  HCRA  resources
 fund (20800).
   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. $11,700,000 from the unemployment insurance  interest  and  penalty
 fund,  unemployment  insurance  special  interest  and  penalty  account
 (23601), to the general fund.
   3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
 compensation  account  (21995),  to  the  training and education program
 occupation safety and health fund, OSHA-training and  education  account
 (21251) and occupational health inspection account (21252).
   Mental Hygiene:

 A. 9505--B                         92
 
   1.  $10,000,000  from  the  general fund, to the miscellaneous special
 revenue fund, federal salary sharing account (22056).
   2.  $1,800,000,000  from the general fund to the miscellaneous special
 revenue fund, mental hygiene patient income account (21909).
   3. $2,200,000,000 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 general fund, to the agencies internal service
 fund, civil service EHS occupational health program account (55056).
   7. $15,000,000 from the chemical dependence  service  fund,  substance
 abuse  services  fund  account  (22700),  to  the  capital projects fund
 (30000).
   8. $3,000,000 from the chemical  dependence  service  fund,  substance
 abuse  services  fund  account  (22700),  to  the mental hygiene capital
 improvement fund (32305).
   9. $3,000,000 from the chemical  dependence  service  fund,  substance
 abuse services fund account (22700), to the general fund.
   Public Protection:
   1.  $1,350,000  from the miscellaneous special revenue fund, emergency
 management account (21944), to the general fund.
   2. $2,087,000 from the  general  fund  to  the  miscellaneous  special
 revenue fund, recruitment incentive account (22171).
   3.  $20,773,000  from  the general fund to the correctional industries
 revolving  fund,  correctional  industries  internal   service   account
 (55350).
   4. $60,000,000 from any of the division of homeland security and emer-
 gency services special revenue federal funds to the general fund.
   5.  $8,600,000  from  the miscellaneous special revenue fund, criminal
 justice improvement account (21945), to the general fund.
   6. $115,420,000 from the state police motor  vehicle  law  enforcement
 and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
 police motor vehicle enforcement account (22802), to  the  general  fund
 for state operation expenses of the division of state police.
   7.  $118,500,000  from the general fund to the correctional facilities
 capital improvement fund (32350).
   8. $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.
   9.  $10,000,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to  the  capital  projects
 fund (30000).
   10.  $9,830,000  from the miscellaneous special revenue fund, criminal
 justice improvement account (21945), to the general fund.
   11. $1,000,000 from the general fund to the agencies internal  service
 fund, neighborhood work project account (55059).
   12.  $7,980,000  from  the miscellaneous special revenue fund, finger-
 print identification & technology account (21950), to the general fund.
   13. $1,100,000 from the state police motor vehicle law enforcement and
 motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
 theft and insurance fraud account (22801), to the general fund.
   14. $50,000,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to the general fund.

 A. 9505--B                         93
 
   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. $15,058,017 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.
   4. $720,000,000 from the general fund to  the  dedicated  highway  and
 bridge trust fund (30050).
   5.  $244,250,000 from the general fund to the MTA financial assistance
 fund, mobility tax trust account (23651).
   6. $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.
   7.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
 adjudication account (22055), to the general fund.
   8. $17,421,000 from the mass transportation operating assistance fund,
 metropolitan mass transportation operating assistance  account  (21402),
 to the capital projects fund (30000).
   9. Intentionally omitted.
   10.  $3,662,000  from the miscellaneous special revenue fund, accident
 prevention course program account (22094), to the dedicated highway  and
 bridge trust fund (30050).
   11. $3,065,000 from the miscellaneous special revenue fund, motorcycle
 safety  account  (21976), to the dedicated highway and bridge trust fund
 (30050).
   12. $114,000 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. $18,550,000 from the general fund, community  projects  account  GG
 (10256), to the general fund, state purposes account (10050).
   5.  $100,000,000  from any special revenue federal fund to the general
 fund, state purposes account (10050).
   § 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, 2019:
   1.  Upon request of the commissioner of environmental conservation, up
 to $12,531,400 from revenues credited to any of the department of  envi-
 ronmental  conservation special revenue funds, including $4,000,000 from
 the environmental protection and oil spill  compensation  fund  (21200),
 and  $1,819,600 from the conservation fund (21150), to the environmental
 conservation special revenue fund, indirect charges account (21060).

 A. 9505--B                         94
 
   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  $8,500,000  from
 revenues  credited  to any of the department of health's special revenue
 funds, to the miscellaneous special revenue fund, administration account
 (21982).
   § 4. On or before March 31, 2019, 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.
   § 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, the state university income fund general revenue
 account (22653) for reimbursement  of  bondable  equipment  for  further
 transfer to the state's general fund.
   §  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, 2019, up to $16,000,000 from the state
 university income fund general revenue  account  (22653)  to  the  state
 general  fund for debt service costs related to campus supported capital
 project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
 University at Buffalo.
   §  7.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon consultation with the state university chancellor  or  his  or  her
 designee,  on  or before March 31, 2019, up to $6,500,000 from the state
 university income fund general revenue  account  (22653)  to  the  state
 general  fund for debt service costs related to campus supported capital
 project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
 University at Albany.
   §  8.  Notwithstanding  any  law to the contrary, the state university
 chancellor or his or her designee is authorized and directed to transfer
 estimated tuition revenue balances from the state university  collection

 A. 9505--B                         95

 fund  (61000)  to  the  state  university  income fund, state university
 general revenue offset account (22655) on or before March 31, 2019.
   §  9.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to $1,019,348,300 from the general fund to the state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1, 2018 through June 30, 2019 to support operations at
 the state university.
   § 9-a. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to $78,564,000 from the general fund  to  the  state  university  income
 fund,  state  university  hospitals  income reimbursable account (22656)
 during the period July 1, 2018 through June 30, 2019 to reflect  ongoing
 state  subsidy  of  SUNY  hospitals and to pay costs attributable to the
 SUNY hospitals' state agency status.
   § 10. Notwithstanding any law to the contrary, and in accordance  with
 section  4 of the state financial law, the comptroller is hereby author-
 ized and directed to transfer, upon request of the director of the budg-
 et, up to $20,000,000 from the general  fund  to  the  state  university
 income  fund,  state  university  general revenue offset account (22655)
 during the period of July 1, 2018 to June 30, 2019 to support operations
 at the state university in accordance with  the  maintenance  of  effort
 pursuant to clause (v) of subparagraph (4) of paragraph h of subdivision
 2 of section 355 of the education law.
   §  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 $47,436,000 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, 2019.
   §  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

 A. 9505--B                         96
 
 authorized for transfer, to the general fund for payment of debt service
 related to the SUNY hospitals on or before March 31, 2019.
   §  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 an amount not  to
 exceed $80 million from each fund.
   §  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, 2019, 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.
   §  15.  Subdivision  5  of  section  97-f of the state finance law, as
 amended by chapter 18 of the  laws  of  2003,  is  amended  to  read  as
 follows:
   5. The comptroller shall from time to time, but in no event later than
 the  fifteenth  day  of  each  month, pay over for deposit in the mental
 hygiene [patient income]  GENERAL  FUND  STATE  OPERATIONS  account  all
 moneys  in  the  mental  health services fund in excess of the amount of
 money required to be maintained on deposit in the mental health services
 fund. The amount required to be maintained in such  fund  shall  be  (i)
 twenty  percent of the amount of the next payment coming due relating to
 the mental health services  facilities  improvement  program  under  any
 agreement  between  the  facilities  development corporation and the New
 York state medical care facilities  finance  agency  multiplied  by  the
 number  of months from the date of the last such payment with respect to
 payments under any such agreement required  to  be  made  semi-annually,
 plus  (ii) those amounts specified in any such agreement with respect to
 payments required to be made other  than  semi-annually,  including  for
 variable  rate  bonds,  interest  rate exchange or similar agreements or
 other financing arrangements permitted by law. Prior to making any  such
 payment,  the  comptroller shall make and deliver to the director of the
 budget and the chairmen of the facilities  development  corporation  and
 the New York state medical care facilities finance agency, a certificate
 stating  the  aggregate amount to be maintained on deposit in the mental
 health services fund to comply in  full  with  the  provisions  of  this
 subdivision.
   §  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 $250 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  2018-19  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

 A. 9505--B                         97
 
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
 1951 are not permitted pursuant to this authorization.
   §  17. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $100 million from any non-general fund or account, or combination
 of funds and accounts, to the miscellaneous special revenue fund,  tech-
 nology  financing  account  (22207),  the miscellaneous capital projects
 fund, information technology capital financing account (32215),  or  the
 centralized  technology  services  account  (55069),  for the purpose of
 consolidating technology procurement and services.  The  amounts  trans-
 ferred  to  the miscellaneous special revenue fund, technology financing
 account (22207) pursuant to this authorization shall be equal to or less
 than the amount of such monies intended to support information technolo-
 gy costs which are attributable, according to a plan,  to  such  account
 made in pursuance to an appropriation by law. Transfers to the technolo-
 gy  financing  account shall be completed from amounts collected by non-
 general funds or accounts pursuant to a fund deposit schedule or  perma-
 nent  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.
   §  18.  Notwithstanding  any  other  law  to  the contrary, up to $145
 million of the assessment reserves remitted to the chair of the workers'
 compensation board pursuant to subdivision 6 of section 151 of the work-
 ers' compensation law shall, at the request of the director of the budg-
 et, be transferred to the state insurance fund, for partial payment  and
 partial  satisfaction  of the state's obligations to the state insurance
 fund under section 88-c of the workers' compensation law.
   § 19. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and  directed to transfer, at the request of the director of the budget,
 up to $400 million from any non-general fund or account, or  combination
 of  funds  and  accounts, to the general fund for the purpose of consol-
 idating technology procurement and  services.  The  amounts  transferred
 pursuant to this authorization shall be equal to or less than the amount
 of  such  monies  intended to support information technology costs which
 are attributable, according to a plan, to such account made in pursuance
 to an appropriation by law. Transfers  to  the  general  fund  shall  be
 completed from amounts collected by non-general funds or accounts pursu-
 ant  to a fund deposit schedule.  Transfers from funds that would result
 in the loss of eligibility for federal benefits or federal funds  pursu-
 ant to federal law, rule, or regulation as assented to in chapter 683 of
 the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
 pursuant to this authorization.
   § 20. Notwithstanding any provision of law to the contrary, as  deemed
 feasible and advisable by its trustees, the power authority of the state
 of New York is authorized 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, 2018, the proceeds of  which  will  be  utilized  to
 support energy-related state activities.

 A. 9505--B                         98
 
   §  21. Notwithstanding any provision of law, rule or regulation to the
 contrary, the New York state energy research and  development  authority
 is  authorized  and  directed  to make a contribution of $913,000 to the
 state treasury to the credit of the general fund on or before March  31,
 2019.
   §  21-a.  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 up to
 $50,000,000 to the New York city housing authority  pursuant to  a  plan
 approved  by  the  director  of the budget, in consultation with the New
 York city housing authority chair and the  dormitory  authority  of  the
 state  of  New  York, for the purpose of replacing and improving heating
 systems in housing developments owned or operated by the New  York  city
 housing authority.
   §  21-b.  Notwithstanding  any provision of law, rule or regulation to
 the contrary, the New York state energy research and development author-
 ity is authorized and directed to transfer to the public  utilities  law
 project  up  to  $750,000  for the services and expenses thereof for the
 purpose of delivering civil legal services to the poor.
   § 21-c. Notwithstanding any provision of law, rule  or  regulation  to
 the contrary, the New York state energy research and development author-
 ity  is  authorized  and directed to transfer to the energy research and
 development operating fund established pursuant to section 1859  of  the
 public  authorities  law  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 conser-
 vation  on  or before March 31, 2018, which amount shall be utilized for
 energy efficiency and weatherization in environmental  justice  and  low
 income communities through the New York state energy research and devel-
 opment  authority  Empower  NY program and residential solar projects in
 environmental justice and low income communities through  the  New  York
 state   energy  research  and  development  authority  Affordable  Solar
 program.
   § 22. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
 amended  by section 21 of part XXX of chapter 59 of the laws of 2017, 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
 [seventeen]  EIGHTEEN,  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
 [$2,679,997,000] $2,458,909,000, 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 [seventeen] EIGHTEEN.
   § 23. Notwithstanding any law to  the  contrary,  the  comptroller  is
 hereby authorized and directed to transfer, upon request of the director
 of  the  budget, on or before March 31, 2019, the following amounts from
 the following special revenue accounts  to  the  capital  projects  fund
 (30000),  for  the  purposes  of reimbursement to such fund for expenses
 related to the maintenance and preservation of state assets:

 A. 9505--B                         99
 
   1. $43,000 from the miscellaneous special revenue fund, administrative
 program account (21982).
   2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $366,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $513,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $159,000 from the miscellaneous special revenue fund,  western  New
 York veterans' home account (22143).
   6.  $323,000  from  the  miscellaneous  special revenue fund, New York
 state for veterans in the lower-hudson valley account (22144).
   7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
 services account (22163).
   8.  $830,000  from the miscellaneous special revenue fund, long island
 veterans' home account (22652).
   9. $5,379,000 from  the  miscellaneous  special  revenue  fund,  state
 university general income reimbursable account (22653).
   10.  $112,556,000  from  the miscellaneous special revenue fund, state
 university revenue offset account (22655).
   11. $557,000  from  the  miscellaneous  special  revenue  fund,  state
 university of New York tuition reimbursement account (22659).
   12. $41,930,000 from the state university dormitory income fund, state
 university dormitory income fund (40350).
   13. $1,000,000 from the miscellaneous special revenue fund, litigation
 settlement and civil recovery account (22117).
   § 24. Intentionally omitted.
   §  25. Subdivision 6 of section 4 of the state finance law, as amended
 by section 24 of part UU of chapter 54 of the laws of 2016,  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 [eighteen] TWENTY.
   § 26. Subdivision 4 of section 40 of the state finance law, as amended
 by section 25 of part UU of chapter 54 of the laws of 2016,  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

 A. 9505--B                         100
 
 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 [eighteen] TWENTY.
   § 27. Intentionally omitted.
   § 28. Intentionally omitted.
   § 28-a. Intentionally omitted.
   § 29. Subdivision 1 of section 8-b of the state finance law, as  added
 by chapter 169 of the laws of 1994, is amended to read as follows:
   1.  The comptroller is hereby authorized and directed to assess fringe
 benefit and central service agency indirect costs on  all  [non-general]
 funds,  and  to  [bill] CHARGE such assessments [on] TO such funds. Such
 fringe benefit and indirect costs [billings] ASSESSMENTS shall be  based
 on  rates  provided  to  the  comptroller by the director of the budget.
 Copies of such rates shall be provided to the legislative fiscal commit-
 tees.
   § 30. 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.
   § 31. 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 24 of part XXX of chapter  59  of  the
 laws of 2017, 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  [four  hundred  fifty
 million  five hundred forty thousand dollars] FIVE HUNDRED FORTY MILLION
 NINE HUNDRED FIFTY-FOUR THOUSAND DOLLARS, excluding bonds issued to fund
 one or more debt service reserve funds, to pay costs of issuance of such

 A. 9505--B                         101
 
 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.
   § 32. 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  25 of part XXX of chapter 59 of the laws of 2017, 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]  EIGHT  billion  [seven
 hundred  forty-one]  EIGHTY-TWO  million [one] EIGHT hundred ninety-nine
 thousand dollars [$7,741,199,000] $8,082,899,000, 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 appropri-
 ations or reappropriations made to the  department  of  corrections  and
 community  supervision from the correctional facilities capital improve-
 ment fund for capital projects. The aggregate amount of bonds, notes  or
 other obligations authorized to be issued pursuant to this section shall
 exclude  bonds, notes or other obligations issued to refund or otherwise
 repay bonds, notes or other obligations theretofore issued, the proceeds
 of which were paid to the state for all or  a  portion  of  the  amounts
 expended  by  the  state from appropriations or reappropriations made to
 the department  of  corrections  and  community  supervision;  provided,
 however,  that  upon any such refunding or repayment the total aggregate
 principal amount of outstanding bonds, notes or other obligations may be
 greater than [seven] EIGHT billion [seven hundred forty-one]  EIGHTY-TWO
 million    [one]    EIGHT    hundred    ninety-nine   thousand   dollars
 [$7,741,199,000] $8,082,899,000, 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

 A. 9505--B                         102
 
 interest or proceeds received by  the  corporation  including  estimated
 accrued interest from the sale thereof.
   §  33.  Paragraph  (a) of subdivision 2 of section 47-e of the private
 housing finance law, as amended by section 26 of part XXX of chapter  59
 of the laws of 2017, 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  $5,841,399,000  five  billion
 [three]  EIGHT  hundred  [eighty-four]  FORTY-ONE  million  [one]  THREE
 hundred ninety-nine thousand dollars, plus a principal amount  of  bonds
 issued to fund the debt service reserve fund in accordance with the debt
 service  reserve  fund requirement established by the agency and to fund
 any other reserves that the agency reasonably deems  necessary  for  the
 security  or  marketability of such bonds and to provide for the payment
 of  fees  and  other  charges  and  expenses,  including   underwriters'
 discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
 enhancement and liquidity enhancement related to the  issuance  of  such
 bonds  and  notes.  No  reserve  fund securing the housing program bonds
 shall be entitled or eligible to  receive  state  funds  apportioned  or
 appropriated to maintain or restore such reserve fund at or to a 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.
   §  34.  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 27 of part XXX of chapter 59 of the laws of 2017, 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
 [$9,699,586,000]  $10,251,939,000 cumulatively by the end of fiscal year
 [2017-18] 2018-19.
   § 35. Subdivision 1 of section 1689-i of the public  authorities  law,
 as  amended by section 28 of part XXX of chapter 59 of the laws of 2017,
 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

 A. 9505--B                         103
 
 exceed  a  total  principal  amount  of [one] TWO hundred [eighty-three]
 FORTY-SEVEN million dollars.
   §  36.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
 laws of 2005, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2005-2006  budget, as amended by
 section 29 of part XXX of chapter 59 of the laws of 2017, 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
 [$173,600,000] $220,100,000 TWO HUNDRED TWENTY MILLION ONE HUNDRED THOU-
 SAND DOLLARS, excluding bonds issued to finance one or more debt service
 reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
 notes issued to refund or otherwise repay such bonds or notes 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  subdivision  (b) of this
 section and such bonds and notes shall contain on  the  face  thereof  a
 statement  to  such  effect.  Except  for purposes of complying with the
 internal revenue code, any interest income earned on bond proceeds shall
 only be used to pay debt service on such bonds.
   § 37. 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 30 of part XXX of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
 provisions of any other law to the contrary, the dormitory authority and
 the corporation are hereby authorized to issue bonds or notes in one  or
 more  series  for  the purpose of funding project costs for the regional
 economic development council  initiative,  the  economic  transformation
 program,  state university of New York college for nanoscale and science
 engineering, projects within the city of Buffalo  or  surrounding  envi-
 rons,  the  New  York  works economic development fund, projects for the
 retention of professional football in western New York, the empire state
 economic development fund, the  clarkson-trudeau  partnership,  the  New
 York  genome  center, the cornell university college of veterinary medi-
 cine, the olympic  regional  development  authority,  projects  at  nano
 Utica,  onondaga  county  revitalization projects, Binghamton university
 school of pharmacy, New York power electronics manufacturing consortium,
 regional infrastructure projects,  HIGH  TECH  INNOVATION  AND  ECONOMIC
 DEVELOPMENT   INFRASTRUCTURE   PROGRAM,  high  technology  manufacturing
 projects in Chautauqua and Erie county, an industrial scale research and
 development facility in Clinton county,  upstate  revitalization  initi-
 ative  projects,  DOWNSTATE  REVITALIZATION  INITIATIVE  market New York
 projects, fairground buildings, equipment or facilities  used  to  house
 and  promote  agriculture,  the  state fair, the empire state trail, the
 moynihan station development project, the  Kingsbridge  armory  project,
 strategic  economic  development projects, the cultural, arts and public
 spaces fund, water infrastructure in the city  of  Auburn  and  town  of
 Owasco,  a  life  sciences laboratory public health initiative, not-for-

 A. 9505--B                         104
 
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy equipment, economic development and infrastructure projects, [and]
 other  state  costs  associated  with such projects AND ROOSEVELT ISLAND
 OPERATING CORPORATION CAPITAL PROJECTS.  The aggregate principal  amount
 of  bonds  authorized  to  be  issued pursuant to this section shall not
 exceed [six] SEVEN billion  [seven]  SIX  hundred  [eight]  TWENTY-THREE
 million  [two]  FIVE  hundred  [fifty-seven]  NINETY  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,  projects at nano Utica, onondaga
 county revitalization projects, Binghamton university school of  pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional
 infrastructure projects, high technology manufacturing projects in Chau-
 tauqua and Erie county, an industrial  scale  research  and  development
 facility  in Clinton county, upstate revitalization initiative projects,
 market New York projects, fairground buildings, equipment or  facilities
 used  to house and promote agriculture, the state fair, the empire state
 trail, the moynihan station development project, the Kingsbridge  armory
 project, strategic economic development projects, the cultural, arts and
 public  spaces fund, water infrastructure in the city of Auburn and town
 of Owasco, a life sciences laboratory public health initiative, not-for-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy equipment, economic development and infrastructure  projects,  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, inter-
 est, 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

 A. 9505--B                         105
 
 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 appro-
 priation  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.
   § 38. Subdivision 3 of section 1285-p of the public  authorities  law,
 as  amended by section 31 of part XXX of chapter 59 of the laws of 2017,
 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 [four] FIVE  billion  [nine]  TWO  hundred  [fifty-one]
 NINETY-SIX million [seven] ONE 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.
   § 39. Intentionally omitted.
   §  40.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
 laws of 2002, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2002-2003  budget, as amended by
 section 33 of part XXX of chapter 59 of the laws of 2017, 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   [$250,000,000]  $253,000,000  TWO-HUNDRED  FIFTY-THREE  MILLION
 DOLLARS excluding bonds issued to fund one or more debt service  reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to  refund or otherwise repay such bonds or notes previously issued, for
 the 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 [$654,800,000]
 $744,800,000, SEVEN HUNDRED FORTY-FOUR MILLION  EIGHT  HUNDRED  THOUSAND
 DOLLARS, excluding bonds issued to fund one or more debt service reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to  refund or otherwise repay such bonds or notes previously issued, 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.

 A. 9505--B                         106
 
   § 41. Subdivision 1 of section 386-b of the public authorities law, as
 amended  by section 34 of part XXX of chapter 59 of the laws of 2017, 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 four
 billion   [three]   FIVE   hundred    [sixty-four]    million    dollars
 [$4,364,000,000]  $4,500,000,000,  excluding bonds issued to fund one or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and to refund or otherwise repay such bonds or notes previously  issued.
 Such  bonds  and notes of the authority, the dormitory authority and the
 urban development corporation shall not be a debt of the state, and  the
 state  shall not be liable thereon, nor shall they be payable out of any
 funds other than those appropriated by the state to the  authority,  the
 dormitory authority and the urban 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.
   § 42. Paragraph (c) of subdivision 19 of section 1680  of  the  public
 authorities  law,  as amended by section 35 of part XXX of chapter 59 of
 the laws of 2017, 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 [twelve]  THIRTEEN  billion  [three]  TWO  hundred  [forty-three]
 SEVENTY-EIGHT   million   EIGHT   HUNDRED  SIXTY-FOUR  THOUSAND  dollars
 $13,278,864,000; provided, however, that bonds issued or  to  be  issued
 shall  be excluded from such limitation if: (1) such bonds are issued to
 refund  state  university  construction  bonds  and   state   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

 A. 9505--B                         107
 
 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.
   §  43.  Paragraph  (c) of subdivision 14 of section 1680 of the public
 authorities law, as amended by section 36 of part XXX of chapter  59  of
 the laws of 2017, 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]  EIGHT  billion  [nine]  FOUR
 hundred  [eighty-one]  FOURTEEN million [nine] SIX hundred [sixty-eight]
 NINETY-ONE thousand dollars $8,414,691,000.   The  legislature  reserves
 the  right to amend or repeal such limit, and the state of New York, the
 dormitory authority, the city university, and the  fund  are  prohibited
 from  covenanting or making any other agreements with or for the benefit
 of bondholders which might in any way affect such right.
   § 44. Subdivision 10-a of section 1680 of the public authorities  law,
 as  amended by section 37 of part XXX of chapter 59 of the laws of 2017,
 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

 A. 9505--B                         108
 
 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 nine hundred [four-
 teen]  FIFTY-THREE million [five] TWO hundred [ninety] TWENTY-FIVE thou-
 sand dollars $953,265,000. Such amount shall be exclusive of  bonds  and
 notes issued to fund any reserve fund or funds, costs of issuance and to
 refund  any  outstanding bonds and notes, issued on behalf of the state,
 relating to a locally sponsored community college.
   § 45. 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 38 of part XXX of chapter 59 of the laws of 2017, 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] SEVEN hundred [eighty-
 two] SIXTY-NINE million [nine]  SIX  hundred  fifteen  thousand  dollars
 [($682,915,000)]   ($769,615,000),  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] SEVEN hundred
 [eighty-two] SIXTY-NINE million  [nine]  SIX  hundred  fifteen  thousand
 dollars  [($682,915,000)]  ($769,615,000),  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 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.

 A. 9505--B                         109
 
   § 45-a. Subdivision 1 of section 51 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 42-c of part XXX of chapter 59 of  the
 laws of 2017, is amended to read as follows:
   1.  Notwithstanding  the  provisions of any other law to the contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of funding  project  costs  for  the  nonprofit  infrastructure  capital
 investment  program  and  other state costs associated with such capital
 projects. The aggregate principal  amount  of  bonds  authorized  to  be
 issued  pursuant  to  this section shall not exceed one hundred [twenty]
 FORTY million dollars, excluding bonds issued to fund one or  more  debt
 service reserve funds, to pay costs of issuance of such bonds, and bonds
 or  notes issued to refund or otherwise repay such bonds or notes previ-
 ously issued. Such bonds and notes of the dormitory  authority  and  the
 urban  development corporation shall not be a debt of the state, and the
 state shall not be liable thereon, nor shall they be payable out of  any
 funds  other  than  those  appropriated  by  the  state to the dormitory
 authority and the urban development corporation for principal, interest,
 and related expenses pursuant to a service contract and such  bonds  and
 notes  shall  contain  on  the  face thereof a statement to such effect.
 Except for purposes of complying with the  internal  revenue  code,  any
 interest  income  earned on bond proceeds shall only be used to pay debt
 service on such bonds.
   § 46. 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 39 of part XXX
 of chapter 59 of the laws of 2017, 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 eight billion [three] SEVEN hundred  [ninety-two]  FIFTY-EIGHT
 MILLION [eight] SEVEN hundred [fifteen] ELEVEN thousand dollars, exclud-
 ing  mental  health  services  facilities  improvement  bonds and mental
 health services facilities improvement notes issued to refund  outstand-

 A. 9505--B                         110
 
 ing  mental  health  services  facilities  improvement  bonds and mental
 health services facilities improvement notes;  provided,  however,  that
 upon  any  such refunding or repayment of mental health services facili-
 ties improvement bonds and/or mental health services facilities improve-
 ment  notes  the  total aggregate principal amount of outstanding mental
 health services facilities improvement bonds and mental  health  facili-
 ties  improvement  notes may be greater than eight billion [three] SEVEN
 hundred [ninety-two] SIXTY-EIGHT MILLION [eight] SEVEN hundred [fifteen]
 ELEVEN thousand dollars $8,768,711,000 only if,  except  as  hereinafter
 provided  with  respect  to  mental health services facilities bonds and
 mental health services facilities notes issued to refund mental  hygiene
 improvement  bonds authorized to be issued pursuant to the provisions of
 section 47-b of the private housing finance law, the  present  value  of
 the  aggregate  debt  service  of the refunding or repayment bonds to be
 issued shall not exceed the present value of the aggregate debt  service
 of  the bonds to be refunded or repaid. For purposes hereof, the present
 values of the aggregate debt  service  of  the  refunding  or  repayment
 bonds,  notes  or other obligations and of the aggregate debt service of
 the bonds, notes or other obligations so refunded or  repaid,  shall  be
 calculated  by utilizing the effective interest rate of the refunding or
 repayment bonds, notes or other obligations, which shall  be  that  rate
 arrived  at  by doubling the semi-annual interest rate (compounded semi-
 annually) necessary to discount the debt service payments on the refund-
 ing or repayment bonds, notes or  other  obligations  from  the  payment
 dates  thereof to the date of issue of the refunding or repayment bonds,
 notes or other obligations and to  the  price  bid  including  estimated
 accrued  interest  or proceeds received by the authority including esti-
 mated accrued interest from the sale thereof.  Such  bonds,  other  than
 bonds  issued  to refund outstanding bonds, shall be scheduled to mature
 over a term not to exceed the 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  maxi-
 mum  maturity  of  notes  or  any renewals thereof shall not exceed five
 years from the date of the original issue of such notes. Notwithstanding
 the provisions of this section, the agency shall have the power  and  is
 hereby authorized to issue mental health services facilities improvement
 bonds  and/or  mental  health  services  facilities improvement notes to
 refund outstanding mental hygiene improvement  bonds  authorized  to  be
 issued pursuant to the provisions of section 47-b of the private housing
 finance  law  and  the  amount  of  bonds issued or outstanding for such
 purposes shall not be included for purposes of determining the amount of
 bonds issued pursuant to this section. The director of the budget  shall
 allocate  the  aggregate principal authorized to be issued by the agency
 among the office of mental health, office for people with  developmental
 disabilities, and the office of alcoholism and substance abuse services,
 in  consultation with their respective commissioners to finance bondable
 appropriations previously approved by the legislature.
   § 47. Subdivision 1 of section 1680-r of the public  authorities  law,
 as  amended by section 41 of part XXX of chapter 59 of the laws of 2017,
 is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of funding project costs for the capital restructuring financing program
 for  health  care and related facilities licensed pursuant to the public
 health law or the mental hygiene law and other  state  costs  associated

 A. 9505--B                         111
 
 with  such  capital  projects,  the  health care facility transformation
 programs, and the essential health care provider program. The  aggregate
 principal  amount  of  bonds  authorized  to  be issued pursuant to this
 section shall not exceed [two] THREE billion [seven] ONE hundred million
 dollars, excluding bonds issued to fund one or more debt service reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to refund or otherwise repay such bonds or notes previously issued. Such
 bonds  and  notes  of  the dormitory authority and the urban development
 corporation shall not be a debt of the state, and the state shall not be
 liable thereon, nor shall they be payable out of any  funds  other  than
 those appropriated by the state to the dormitory authority and the urban
 development  corporation  for  principal, interest, and related expenses
 pursuant to a service contract and such bonds and notes shall contain on
 the face thereof a statement to such  effect.  Except  for  purposes  of
 complying  with the internal revenue code, any interest income earned on
 bond proceeds shall only be used to pay debt service on such bonds.
   § 48. Intentionally omitted.
   § 49. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
 laws  of  2005,  relating to providing for the administration of certain
 funds and accounts related  to  the  2005-2006  budget,  as  amended  by
 section  42-a  of part XXX of chapter 59 of the laws of 2017, is amended
 to read as follows:
   (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
 notwithstanding  any  provisions  of  law  to  the contrary, one or more
 authorized issuers as defined by section 68-a of the state  finance  law
 are  hereby  authorized to issue bonds or notes in one or more series in
 an aggregate principal amount not to exceed  [$47,000,000]  $67,000,000,
 SIXTY-SEVEN  MILLION  DOLLARS  excluding  bonds issued to finance one or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and bonds or notes issued to refund or otherwise  repay  such  bonds  or
 notes  previously  issued, for the purpose of financing capital projects
 for public protection facilities in the Division of Military  and  Naval
 Affairs,  debt  service  and  leases; and to reimburse the state general
 fund for disbursements made therefor.  Such  bonds  and  notes  of  such
 authorized  issuer shall not be a debt of the state, and the state shall
 not be liable thereon, nor shall they be payable out of any funds  other
 than  those appropriated by the state to such authorized issuer for debt
 service and related expenses pursuant to any service  contract  executed
 pursuant  to  subdivision  (b)  of this section and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes of complying with  the  internal  revenue  code,  any  interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   §  50.  Subdivision 1 of section 49 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 42-b of part XXX of chapter 59 of the
 laws of 2017, 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 state and municipal facilities program and other
 state costs associated with such capital projects. The aggregate princi-
 pal amount of bonds authorized to be issued  pursuant  to  this  section
 shall  not  exceed  one  billion nine hundred [twenty-five] THIRTY-EIGHT
 million FIVE HUNDRED THOUSAND dollars, excluding bonds  issued  to  fund
 one or more debt service reserve funds, to pay costs of issuance of such

 A. 9505--B                         112
 
 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.
   § 51. Intentionally omitted.
   § 52. Intentionally omitted.
   § 53. Intentionally omitted.
   § 54. Intentionally omitted.
   § 55. Intentionally omitted.
   § 56. Intentionally omitted.
   § 57. Intentionally omitted.
   § 58. Section 55 of part XXX of chapter 59 of the laws of 2017, relat-
 ing  to  providing  for the administration of certain funds and accounts
 related to the 2017-18  budget  and  authorizing  certain  payments  and
 transfers, is amended to read as follows:
   §  55.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017; provided,
 however, that the provisions of sections one, two,  three,  four,  five,
 six,  seven,  eight,  thirteen,  fourteen,  fifteen, sixteen, seventeen,
 eighteen, nineteen, twenty, [twenty-one,] twenty-two,  twenty-two-e  and
 twenty-two-f of this act shall expire March 31, 2018 when upon such date
 the  provisions of such sections shall be deemed repealed; and provided,
 further, that section twenty-two-c of this act shall  expire  March  31,
 2021.
   §  59.  Paragraph  (b) of subdivision 3 and clause (B) of subparagraph
 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of  chap-
 ter 63 of the laws of 2005, relating to the composition and responsibil-
 ities  of  the  New  York  state higher education capital matching grant
 board, as amended by section 45 of part UU of chapter 54 of the laws  of
 2016, are amended to read as follows:
   (b)  Within amounts appropriated therefor, the board is hereby author-
 ized and directed to award matching capital grants  totaling  [240]  TWO
 HUNDRED  SEVENTY  million  dollars. Each college shall be eligible for a
 grant award amount as determined by the calculations pursuant to  subdi-
 vision  five of this section. In addition, such colleges shall be eligi-
 ble to compete for additional funds pursuant to paragraph (h) of  subdi-
 vision four of this section.
   (B)  The  dormitory authority shall not issue any bonds or notes in an
 amount in excess of [240] TWO HUNDRED SEVENTY million  dollars  for  the
 purposes of this section; excluding bonds or notes issued to fund one or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and  bonds  or  notes  issued to refund or otherwise repay such bonds or
 notes previously issued. Except  for  purposes  of  complying  with  the
 internal  revenue code, any interest on bond proceeds shall only be used
 to pay debt service on such bonds.
   § 60. Subdivision 1 of section 1680-n of the public  authorities  law,
 as  added  by section 46 of part T of chapter 57 of the laws of 2007, is
 amended to read as follows:

 A. 9505--B                         113

   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the  authority  and the urban development corporation are hereby author-
 ized to issue bonds or notes in one or more series for  the  purpose  of
 funding  project  costs for the acquisition of state buildings and other
 facilities.  The  aggregate  principal  amount of bonds authorized to be
 issued pursuant to this section shall not  exceed  one  hundred  [forty]
 SIXTY-FIVE  million  dollars, excluding bonds issued to fund one or more
 debt service reserve funds, to pay costs of issuance of such bonds,  and
 bonds  or  notes issued to refund or otherwise repay such bonds or notes
 previously issued. Such bonds and notes of the authority and  the  urban
 development  corporation shall not be a debt of the state, and the state
 shall not be liable thereon, nor shall they be payable out of any  funds
 other  than  those  appropriated  by  the state to the authority and the
 urban 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.
   § 61. Subdivision 1 of section 386-a of the public authorities law, as
 amended by section 46 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  assisting the metropolitan transportation authority in
 the financing of transportation facilities  as  defined  in  subdivision
 seventeen  of  section  twelve  hundred  sixty-one  of this chapter. The
 aggregate principal amount of bonds authorized to be issued pursuant  to
 this  section  shall  not exceed one billion [five] SIX hundred [twenty]
 NINETY-FOUR million dollars [($1,520,000,000)] $1,694,000,000, excluding
 bonds issued to fund one or more debt  service  reserve  funds,  to  pay
 costs  of  issuance of such bonds, and to refund or otherwise repay such
 bonds or notes previously issued. Such bonds and notes of the authority,
 the dormitory authority and the urban development corporation shall  not
 be  a  debt of the state, and the state shall not be liable thereon, nor
 shall they be payable out of any funds other than those appropriated  by
 the state to the authority, the dormitory authority and the urban devel-
 opment  corporation for principal, interest, and related expenses pursu-
 ant to a service contract and such bonds and notes shall contain on  the
 face  thereof a statement to such effect. Except for purposes of comply-
 ing with the internal revenue code, any interest income earned  on  bond
 proceeds shall only be used to pay debt service on such bonds.
   §  62.  Subdivision 1 of section 1680-k of the public authorities law,
 as added by section 5 of part J-1 of chapter 109 of the laws of 2006, is
 amended to read as follows:
   1. Subject to the provisions of chapter fifty-nine of the laws of  two
 thousand, but notwithstanding any provisions of law to the contrary, the
 dormitory  authority is hereby authorized to issue bonds or notes in one
 or more series in an aggregate principal  amount  not  to  exceed  forty
 million SEVEN HUNDRED FIFTEEN THOUSAND dollars excluding bonds issued to
 finance one or more debt service reserve funds, to pay costs of issuance
 of  such  bonds,  and bonds or notes issued to refund or otherwise repay
 such bonds or notes previously issued, for the purpose of financing  the
 construction  of the New York state agriculture and markets food labora-
 tory. Eligible project costs may include, but not be limited to the cost

 A. 9505--B                         114
 
 of design, financing, site investigations, site acquisition and prepara-
 tion, demolition, construction, rehabilitation, acquisition of machinery
 and equipment, and infrastructure improvements. Such bonds and notes  of
 such  authorized issuers shall not be a debt of the state, and the state
 shall not be liable thereon, nor shall they be payable out of any  funds
 other  than  those  appropriated by the state to such authorized issuers
 for debt service and related expenses pursuant to any  service  contract
 executed  pursuant to subdivision two of this section and such bonds and
 notes shall contain on the face thereof  a  statement  to  such  effect.
 Except  for  purposes  of  complying with the internal revenue code, any
 interest income earned on bond proceeds shall only be used to  pay  debt
 service on such bonds.
   § 63. Subdivision 13-d of section 5 of section 1 of chapter 359 of the
 laws  of  1968, constituting the facilities development corporation act,
 as amended by chapter 166 of the laws of 1991, is  amended  to  read  as
 follows:
   13-d.  1.  Subject to the terms and conditions of any lease, sublease,
 loan or other financing  agreement  with  the  medical  care  facilities
 finance  agency  in accordance with subdivision 13-c of this section, to
 make loans to voluntary agencies for the purpose of financing  or  refi-
 nancing the design, construction, acquisition, reconstruction, rehabili-
 tation  and  improvement of mental hygiene facilities owned or leased by
 such voluntary agencies provided, however, that  with  respect  to  such
 facilities which are leased by a voluntary agency, the term of repayment
 of  such  loan  shall  not  exceed  the term of such lease including any
 option to renew such lease. Notwithstanding any other provisions of law,
 such loans may be made jointly to one or more voluntary  agencies  which
 own  and  one  or  more  voluntary  agencies which will operate any such
 mental hygiene facility.
   2. SUBJECT TO THE TERMS AND CONDITIONS OF ANY LEASE, SUBLEASE, LOAN OR
 OTHER FINANCING AGREEMENT WITH THE MEDICAL CARE FACILITIES FINANCE AGEN-
 CY, TO MAKE GRANTS TO VOLUNTARY AGENCIES OR PROVIDE PROCEEDS  OF  MENTAL
 HEALTH  SERVICES  FACILITIES  BONDS  OR  NOTES TO THE DEPARTMENT TO MAKE
 GRANTS TO VOLUNTARY AGENCIES OR TO REIMBURSE DISBURSEMENTS  MADE  THERE-
 FOR,  IN  EACH  CASE,  FOR  THE  PURPOSE OF FINANCING OR REFINANCING THE
 DESIGN, CONSTRUCTION, ACQUISITION,  RECONSTRUCTION,  REHABILITATION  AND
 IMPROVEMENT  OF MENTAL HYGIENE FACILITIES OWNED OR LEASED BY SUCH VOLUN-
 TARY AGENCIES.
   § 64. Paragraph a of subdivision 4 of section 9 of section 1 of  chap-
 ter  359  of  the  laws of 1968, constituting the facilities development
 corporation act, as amended by chapter  90  of  the  laws  of  1989,  is
 amended to read as follows:
   4. Agreements.  a. Upon certification by the director of the budget of
 the  availability  of required appropriation authority, the corporation,
 or any successor agency, is hereby authorized  and  empowered  to  enter
 into  leases,  subleases,  loans and other financing agreements with the
 state housing finance agency and/or the state  medical  care  facilities
 finance  agency, and to enter into such amendments thereof as the direc-
 tors of the corporation, or any successor agency, may deem necessary  or
 desirable,  which  shall provide for (i) the financing or refinancing of
 or the design, construction, acquisition, reconstruction, rehabilitation
 or improvement of one or more mental hygiene facilities or for the refi-
 nancing of any such facilities for  which  bonds  have  previously  been
 issued  and  are  outstanding,  and  the  purchase or acquisition of the
 original furnishings, equipment, machinery and apparatus to be  used  in
 such  facilities  upon  the  completion of work, (ii) the leasing to the

 A. 9505--B                         115
 
 state housing finance  agency  or  the  state  medical  care  facilities
 finance  agency  of  all  or  any portion of one or more existing mental
 hygiene facilities and one or  more  mental  hygiene  facilities  to  be
 designed,   constructed,   acquired,   reconstructed,  rehabilitated  or
 improved, or of real property related to the work to be done,  including
 real  property  originally  acquired  by the appropriate commissioner or
 director of the department in the name of the state pursuant to  article
 seventy-one  of  the  mental  hygiene  law, (iii) the subleasing of such
 facilities and property by the corporation upon  completion  of  design,
 construction,  acquisition,  reconstruction,  rehabilitation or improve-
 ment, such leases, subleases, loans or other financing agreements to  be
 upon  such  other  terms and conditions as may be agreed upon, including
 terms and conditions relating to length of term, maintenance and  repair
 of  mental  hygiene  facilities  during  any  such  term, and the annual
 rentals  to  be  paid  for  the  use  of  such   facilities,   property,
 furnishings,  equipment,  machinery  and apparatus, and (iv) the receipt
 and disposition, including loans OR GRANTS  to  voluntary  agencies,  of
 proceeds  of  mental  health  service  facilities  bonds or notes issued
 pursuant to section nine-a of the New York state medical care facilities
 finance agency act. For purposes of the design,  construction,  acquisi-
 tion, reconstruction, rehabilitation or improvement work required by the
 terms  of  any  such lease, sublease or agreement, the corporation shall
 act as agent for the state housing finance agency or the  state  medical
 care facilities finance agency. In the event that the corporation enters
 into an agreement for the financing of any of the aforementioned facili-
 ties  with  the  state  housing finance agency or the state medical care
 facilities finance agency, or in the event that the  corporation  enters
 into  an agreement for the financing or refinancing of any of the afore-
 mentioned facilities with one or more voluntary agencies, it  shall  act
 on  its  own  behalf  and  not as agent. The appropriate commissioner or
 director of the department on behalf of the department shall approve any
 such lease, sublease, loan or other financing agreement and shall  be  a
 party  thereto.  All  such  leases,  subleases, loans or other financing
 agreements shall be approved prior to execution by no  less  than  three
 directors of the corporation.
   §  65.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that the provisions of sections one, two,  three,  four,  five,
 six, seven, eight, twelve, thirteen, fourteen, sixteen, seventeen, eigh-
 teen, nineteen, twenty, twenty-one, twenty-two, and twenty-three of this
 act  shall  expire  March 31, 2019 when upon such date the provisions of
 such sections shall be deemed repealed.
 
                                  PART HH
 
                           Intentionally Omitted
 
                                  PART II

                           Intentionally Omitted
 
                                  PART JJ
 
   Section 1. Subdivision 3 of section 130.05 of the penal law is amended
 by adding a new paragraph (j) to read as follows:

 A. 9505--B                         116
 
   (J) UNDER ARREST, IN DETENTION OR OTHERWISE IN THE ACTUAL CUSTODY OF A
 POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICIAL AND  THE
 ACTOR  IS A POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFI-
 CIAL WHO EITHER: (I) IS RESPONSIBLE FOR EFFECTING  THE  ARREST  OF  SUCH
 PERSON  OR  MAINTAINING  SUCH  PERSON IN DETENTION OR ACTUAL CUSTODY; OR
 (II) KNOWS, OR REASONABLY SHOULD KNOW, THAT SUCH PERSON  IS  UNDER  SUCH
 ARREST, DETENTION OR ACTUAL CUSTODY.
   §  2.  Subdivision 4 of section 130.10 of the penal law, as amended by
 chapter 205 of the laws of 2011, is amended to read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent is based solely on his or her incapacity to consent  because  he
 or she was less than seventeen years old, mentally disabled, a client or
 patient  and  the  actor  is  a  health  care provider, UNDER ARREST, IN
 DETENTION OR OTHERWISE IN ACTUAL CUSTODY OF LAW  ENFORCEMENT  UNDER  THE
 CIRCUMSTANCES DESCRIBED IN PARAGRAPH (J) OF SUBDIVISION THREE OF SECTION
 130.05  OF  THIS ARTICLE, or committed to the care and custody or super-
 vision of the state department of corrections and community  supervision
 or  a  hospital and the actor is an employee, it shall be a defense that
 the defendant was married to the victim as defined in  subdivision  four
 of section 130.00 of this article.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART KK
 
                           Intentionally Omitted
 
                                  PART LL
 
   Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   AN  AUTHORIZED  AGENCY  AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,  OR  A  LOCAL  PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   § 2. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   AN  AUTHORIZED  AGENCY  AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,  OR  A  LOCAL  PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   § 3. Subdivision 2 of section 1680 of the public  authorities  law  is
 amended by adding a new paragraph k to read as follows:
   K.  (1)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING PROVISIONS SHALL
 APPLY TO THE POWERS IN CONNECTION WITH THE PROVISION OF DETENTION FACIL-

 A. 9505--B                         117
 
 ITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY ENTITY  AS  LISTED
 ABOVE  SHALL HAVE FULL POWER AND AUTHORITY TO ENTER INTO SUCH AGREEMENTS
 WITH  THE  DORMITORY  AUTHORITY  AS  ARE  NECESSARY  TO  FINANCE  AND/OR
 CONSTRUCT DETENTION OR RESIDENTIAL FACILITIES DESCRIBED ABOVE, INCLUDING
 WITHOUT  LIMITATION,  THE PROVISION OF FEES AND AMOUNTS NECESSARY TO PAY
 DEBT SERVICE ON ANY OBLIGATIONS ISSUED BY THE  DORMITORY  AUTHORITY  FOR
 SAME,  AND  TO ASSIGN AND PLEDGE TO THE DORMITORY AUTHORITY, ANY AND ALL
 PUBLIC FUNDS TO BE APPORTIONED OR OTHERWISE MADE PAYABLE BY  THE  UNITED
 STATES,  ANY  AGENCY THEREOF, THE STATE, ANY AGENCY THEREOF, A POLITICAL
 SUBDIVISION, AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL  MUNICIPAL
 LAW, ANY SOCIAL SERVICES DISTRICT IN THE STATE OR ANY OTHER GOVERNMENTAL
 ENTITY  IN AN AMOUNT SUFFICIENT TO MAKE ALL PAYMENTS REQUIRED TO BE MADE
 BY ANY SUCH ENTITY AS LISTED ABOVE PURSUANT TO ANY  LEASE,  SUBLEASE  OR
 OTHER AGREEMENT ENTERED INTO BETWEEN ANY SUCH ENTITY AS LISTED ABOVE AND
 THE DORMITORY AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHOR-
 IZED  AND  REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE
 DORMITORY AUTHORITY OR, UPON THE DIRECTION OF THE  DORMITORY  AUTHORITY,
 TO  ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUED, PURSUANT
 TO A CERTIFICATE FILED WITH ANY SUCH  STATE  OR  LOCAL  OFFICER  BY  THE
 DORMITORY AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.
 
                                  PART MM
 
   Section  1.  The public service law is amended by adding a new article
 1-A to read as follows:
                                ARTICLE 1-A
             THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
 SECTION 28-A. DEFINITIONS.
         28-B. ESTABLISHMENT OF THE STATE OFFICE OF THE UTILITY  CONSUMER
                 ADVOCATE.
         28-C. POWERS  OF  THE STATE OFFICE OF THE UTILITY CONSUMER ADVO-
                 CATE.
         28-D. REPORTS.
   § 28-A. DEFINITIONS. WHEN USED IN  THIS  ARTICLE:    (A)  "DEPARTMENT"
 MEANS THE DEPARTMENT OF PUBLIC SERVICE.
   (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
   (C)  "RESIDENTIAL  UTILITY  CUSTOMER"  MEANS ANY PERSON WHO IS SOLD OR
 OFFERED FOR SALE RESIDENTIAL UTILITY SERVICE BY A UTILITY COMPANY.
   (D) "UTILITY COMPANY" MEANS ANY PERSON OR ENTITY OPERATING  AN  AGENCY
 FOR  PUBLIC  SERVICE,  INCLUDING,  BUT  NOT LIMITED TO, THOSE PERSONS OR
 ENTITIES  SUBJECT  TO  THE  JURISDICTION,  SUPERVISION  AND  REGULATIONS
 PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
   §  28-B.  ESTABLISHMENT  OF  THE  STATE OFFICE OF THE UTILITY CONSUMER
 ADVOCATE. THERE IS ESTABLISHED THE STATE OFFICE OF THE UTILITY  CONSUMER
 ADVOCATE  TO  REPRESENT  THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS.
 THE UTILITY CONSUMER ADVOCATE SHALL BE APPOINTED BY THE  GOVERNOR  TO  A
 TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
 TY  CONSUMER  ADVOCATE SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS
 AFFECTING RESIDENTIAL UTILITY CUSTOMERS AND SHALL BE RESPONSIBLE FOR THE
 DIRECTION, CONTROL, AND OPERATION OF THE STATE  OFFICE  OF  THE  UTILITY

 A. 9505--B                         118
 
 CONSUMER  ADVOCATE,  INCLUDING  ITS  HIRING  OF  STAFF  AND RETENTION OF
 EXPERTS FOR ANALYSIS AND TESTIMONY IN PROCEEDINGS. THE UTILITY  CONSUMER
 ADVOCATE  SHALL  NOT BE REMOVED FOR CAUSE, BUT MAY BE REMOVED ONLY AFTER
 NOTICE  AND  OPPORTUNITY TO BE HEARD, AND ONLY FOR PERMANENT DISABILITY,
 MALFEASANCE, A FELONY, OR CONDUCT INVOLVING MORAL TURPITUDE. EXERCISE OF
 INDEPENDENT JUDGMENT IN ADVOCATING POSITIONS ON  BEHALF  OF  RESIDENTIAL
 UTILITY  CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE UTILITY
 CONSUMER ADVOCATE.
   § 28-C.  POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER  ADVOCATE.
 THE  STATE  OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL HAVE THE POWER
 AND DUTY TO: (A) INITIATE, INTERVENE IN, OR  PARTICIPATE  ON  BEHALF  OF
 RESIDENTIAL  UTILITY CUSTOMERS IN ANY PROCEEDINGS BEFORE THE COMMISSION,
 THE FEDERAL ENERGY REGULATORY  COMMISSION,  THE  FEDERAL  COMMUNICATIONS
 COMMISSION, FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
 CIES,  AND STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT MAY
 SUBSTANTIALLY AFFECT THE INTERESTS  OF  RESIDENTIAL  UTILITY  CUSTOMERS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  A PROPOSED CHANGE OF RATES, CHARGES,
 TERMS AND CONDITIONS OF SERVICE, THE  ADOPTION  OF  RULES,  REGULATIONS,
 GUIDELINES, ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE THE UTILI-
 TY  CONSUMER  ADVOCATE  DEEMS  SUCH  INITIATION, INTERVENTION OR PARTIC-
 IPATION TO BE NECESSARY OR APPROPRIATE;
   (B) REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY  CUSTOMERS  OF  THE
 STATE  BEFORE  FEDERAL,  STATE  AND  LOCAL ADMINISTRATIVE AND REGULATORY
 AGENCIES ENGAGED IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER,
 AND OTHER UTILITY SERVICES, AND  BEFORE  STATE  AND  FEDERAL  COURTS  IN
 ACTIONS  AND PROCEEDINGS TO REVIEW THE ACTIONS OF UTILITIES OR ORDERS OF
 UTILITY REGULATORY AGENCIES. ANY ACTION OR  PROCEEDING  BROUGHT  BY  THE
 UTILITY  CONSUMER  ADVOCATE BEFORE A COURT OR AN AGENCY SHALL BE BROUGHT
 IN THE NAME OF THE STATE OFFICE OF THE UTILITY  CONSUMER  ADVOCATE.  THE
 UTILITY  CONSUMER  ADVOCATE MAY JOIN WITH A RESIDENTIAL UTILITY CUSTOMER
 OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN BRINGING AN ACTION;
   (C) (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE  UTILITY
 CONSUMER  ADVOCATE,  HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS OR HER
 DUTY TO REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY  CUSTOMERS  AS  A
 PARTY,  OR  OTHERWISE  PARTICIPATE  FOR  THE PURPOSE OF REPRESENTING THE
 INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
 INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
 IN CONNECTION WITH ANY MATTER INVOLVING THE  ACTIONS  OR  REGULATION  OF
 PUBLIC  UTILITY  COMPANIES WHETHER ON APPEAL OR OTHERWISE INITIATED. THE
 UTILITY CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY  AGEN-
 CIES  IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS COMMIS-
 SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
 ESTS OF RESIDENTIAL UTILITY CUSTOMERS OF  THE  STATE  AND  MAY  FORMALLY
 PARTICIPATE  IN  THOSE PROCEEDINGS WHICH IN HIS OR HER JUDGMENT WARRANTS
 SUCH PARTICIPATION.
   (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
 ENT DISCRETION IN  DETERMINING  THE  INTERESTS  OF  RESIDENTIAL  UTILITY
 CUSTOMERS  THAT  WILL  BE  ADVOCATED  IN ANY PROCEEDING, AND DETERMINING
 WHETHER TO PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN  SO  DETER-
 MINING, SHALL CONSIDER THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND
 THE  SUBSTANTIALITY  OF  THE EFFECT OF THE PROCEEDING ON THE INTEREST OF
 RESIDENTIAL UTILITY CUSTOMERS;
   (D) REQUEST AND RECEIVE FROM ANY STATE  OR  LOCAL  AUTHORITY,  AGENCY,
 DEPARTMENT  OR  DIVISION  OF  THE  STATE  OR  POLITICAL SUBDIVISION SUCH
 ASSISTANCE, PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER  DOCUMENTATION
 AND COOPERATION NECESSARY TO PERFORM ITS DUTIES; AND

 A. 9505--B                         119
 
   (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
 EFFICIENTLY CARRY OUT ITS WORK.
   §  28-D.  REPORTS.  ON  JULY FIRST, TWO THOUSAND NINETEEN AND ANNUALLY
 THEREAFTER, THE STATE OFFICE OF  THE  UTILITY  CONSUMER  ADVOCATE  SHALL
 ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT
 AVAILABLE  TO THE PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE,
 CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
   (A) ALL PROCEEDINGS THAT THE STATE  OFFICE  OF  THE  UTILITY  CONSUMER
 ADVOCATE  PARTICIPATED  IN  AND  THE OUTCOME OF SUCH PROCEEDINGS, TO THE
 EXTENT OF SUCH OUTCOME AND IF NOT CONFIDENTIAL;
   (B) ESTIMATED SAVINGS TO RESIDENTIAL UTILITY CONSUMERS  THAT  RESULTED
 FROM  INTERVENTION BY THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE;
 AND
   (C) POLICY RECOMMENDATIONS AND SUGGESTED STATUTORY AMENDMENTS THAT THE
 STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE DEEMS NECESSARY.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.
 
                                  PART NN
 
   Section  1.  The public service law is amended by adding a new section
 24-c to read as follows:
   § 24-C.   UTILITY INTERVENOR  REIMBURSEMENT.  1.    AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COMPENSATION"  MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
 FUND ESTABLISHED BY SECTION NINETY-SEVEN-RRRR OF THE STATE FINANCE  LAW,
 FOR  ALL  OR  PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
 CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE  COSTS
 FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
   (B)  "PARTICIPANT"  MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
 AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
 OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
 NOT-FOR-PROFIT ORGANIZATION IN THIS STATE  AUTHORIZED  PURSUANT  TO  ITS
 ARTICLES  OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
 DENTIAL OR SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES  OF  THIS
 SECTION,  A  PARTICIPANT  DOES  NOT INCLUDE A NON-PROFIT ORGANIZATION OR
 OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
 UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE  OF  ONE  OR  MORE
 BUSINESSES  OR  INDUSTRIES  WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
 PRIMARILY FOR USE IN CONNECTION  WITH  THE  PROFIT-SEEKING  MANUFACTURE,
 SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
   (C)  "OTHER  REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
 DIRECTLY INCURRED BY A PARTICIPANT THAT  ARE  DIRECTLY  RELATED  TO  THE
 CONTENTIONS  OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
 A SUBSTANTIAL CONTRIBUTION.
   (D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY,  OR
 COMMISSION STAFF IN A HEARING OR PROCEEDING.
   (E)  "PROCEEDING"  MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
 OTHER FORMAL PROCEEDING BEFORE THE COMMISSION,  OR  ALTERNATIVE  DISPUTE
 RESOLUTION  PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
 OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH  PROCEEDINGS  SHALL
 BE  LIMITED  TO  THOSE  RELATING TO PUBLIC UTILITIES THAT DISTRIBUTE AND
 DELIVER GAS, ELECTRICITY, OR STEAM WITHIN THIS STATE AND  HAVING  ANNUAL
 REVENUES  IN  EXCESS  OF  TWO  HUNDRED MILLION DOLLARS ARISING UNDER AND
 PROCEEDING PURSUANT TO THE FOLLOWING ARTICLES OF THIS CHAPTER:  (1)  THE
 REGULATION OF THE PRICE OF GAS AND ELECTRICITY, PURSUANT TO ARTICLE FOUR

 A. 9505--B                         120
 
 OF  THIS  CHAPTER; (2) THE REGULATION OF THE PRICE OF STEAM, PURSUANT TO
 ARTICLE FOUR-A OF THIS  CHAPTER;  (3)  THE  SUBMETERING,  REMETERING  OR
 RESALE  OF  ELECTRICITY  TO  RESIDENTIAL  PREMISES,  PURSUANT TO SECTION
 SIXTY-FIVE  AND  SIXTY-SIX  OF THIS CHAPTER, AND PURSUANT TO REGULATIONS
 REGARDING THE SUBMETERING, REMETERING, OR RESALE OF ELECTRICITY  ADOPTED
 BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE APPLICA-
 BLE  TO  A  PROCEEDING  IN  WHICH  THE COMMISSION MAKES A FINDING ON THE
 RECORD THAT THE PUBLIC INTEREST REQUIRES THE  REIMBURSEMENT  OF  UTILITY
 INTERVENOR FEES PURSUANT TO THIS SECTION.
   (F)  "SIGNIFICANT  FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
 BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF  EFFEC-
 TIVE  PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
 OTHER REASONABLE COSTS OF PARTICIPATION.
   (G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL  REVENUE  OF
 TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
   (H)  "SUBSTANTIAL  CONTRIBUTION"  MEANS  THAT,  IN THE JUDGMENT OF THE
 DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY  ASSIST  THE
 COMMISSION  IN  MAKING  ITS  DECISION  BECAUSE THE DECISION MAY ADOPT IN
 WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS,  OR
 SPECIFIC  POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
 THE PARTICIPANT.
   2. A PARTICIPANT MAY APPLY FOR AN AWARD  OF  COMPENSATION  UNDER  THIS
 SECTION  IN  A  PROCEEDING  IN  WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
 PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT  SHALL  DETER-
 MINE  APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
 CATIONS.  AT THE TIME OF APPLICATION, SUCH PARTICIPANT  SHALL  SERVE  ON
 EVERY  PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
 COMPENSATION.
   AN APPLICATION SHALL INCLUDE:
   (A) A STATEMENT OF THE NATURE AND EXTENT AND  THE  FACTUAL  AND  LEGAL
 BASIS  OF  THE  PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
 FAR AS IT IS POSSIBLE TO DESCRIBE  SUCH  PARTICIPATION  WITH  REASONABLE
 SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
   (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
 CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
 IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
   (C)  IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
 CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO  AN  AWARD
 OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
 IN  THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
 SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
   (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
   3. (A) WITHIN THIRTY DAYS AFTER  THE  FILING  OF  AN  APPLICATION  THE
 DEPARTMENT  SHALL  ISSUE  A  DECISION THAT DETERMINES WHETHER OR NOT THE
 PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
 THE HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE  PARTICIPANT
 REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
 MENT  SHALL  DESCRIBE  THIS  SUBSTANTIAL  CONTRIBUTION AND DETERMINE THE
 AMOUNT OF COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR  OF  THIS
 SECTION.
   (B)  NOTWITHSTANDING  SUBDIVISION FOUR OF THIS SECTION, IF THE DEPART-
 MENT FINDS THAT THE PARTICIPANT HAS A  SIGNIFICANT  FINANCIAL  HARDSHIP,
 THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
 PROCEEDING  TO  PAY ALL OR PART OF THE COMPENSATION TO THE DEPARTMENT TO
 BE PROVIDED TO THE PARTICIPANT PRIOR TO THE END OF  THE  PROCEEDING.  IN
 THE  EVENT  THAT  THE  PARTICIPANT DISCONTINUES ITS PARTICIPATION IN THE

 A. 9505--B                         121
 
 PROCEEDING WITHOUT THE CONSENT OF THE DEPARTMENT, THE  DEPARTMENT  SHALL
 BE  ENTITLED  TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE TO SUCH
 PARTICIPANT TO BE REFUNDED TO  THE  PUBLIC  UTILITY  OR  UTILITIES  THAT
 PROVIDED SUCH PAYMENT.
   (C)  THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION SHALL TAKE INTO  CONSIDERATION  THE  MARKET  RATES  PAID  TO
 PERSONS   OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER  SIMILAR
 SERVICES. THE COMPENSATION AWARDED MAY NOT,  IN  ANY  CASE,  EXCEED  THE
 COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
 UTILITY,  WHICHEVER  IS  GREATER,  TO PERSONS OF COMPARABLE TRAINING AND
 EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
   (D) ANY COMPENSATION AWARDED TO A PARTICIPANT AND  NOT  USED  BY  SUCH
 PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
 UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
   (E)  THE  DEPARTMENT  SHALL  REQUIRE THAT PARTICIPANTS SEEKING PAYMENT
 MAINTAIN AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT  OF
 SUCH PROCEEDING.
   (I)  THE  DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES TO VERIFY
 THE CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT  PURSU-
 ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
 AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
   (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
 IPANT'S  RECORDS  IN MAKING ANY AUDIT OR DETERMINING THE AVAILABILITY OF
 FUNDS AFTER THE COMPLETION OF A PROCEEDING.
   (F) IN THE EVENT THAT THE DEPARTMENT FINDS THAT TWO  OR  MORE  PARTIC-
 IPANTS'  APPLICATIONS  HAVE SUBSTANTIALLY SIMILAR INTERESTS, THE DEPART-
 MENT MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO  RECEIVE
 COMPENSATION.
   4.  ANY  COMPENSATION  PURSUANT  TO  THIS SECTION SHALL BE PAID AT THE
 CONCLUSION OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES  SUBJECT
 TO  THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE REMIT-
 TED TO THE DEPARTMENT WHICH SHALL THEN REMIT SUCH  COMPENSATION  TO  THE
 PARTICIPANT.
   5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
 TO  DELAY  OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
 MENT'S RESPONSIBILITIES.
   § 2. The state finance law is amended by adding a new section  97-rrrr
 to read as follows:
   §  97-RRRR. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  A  FUND  TO  BE  KNOWN AS THE UTILITY INTERVENOR
 ACCOUNT.
   2. SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR  REIMBURSEMENT
 MONIES  RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF THE
 PUBLIC SERVICE LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART OO
 
   Section  1.  Paragraphs (b) and (c) of subdivision 3 of section 722 of
 the county law, as amended by section 3 of part E of chapter 56  of  the
 laws of 2010, are amended to read as follows:
   (b)  Any  plan  of  a bar association must receive the approval of the
 [state administrator] OFFICE OF INDIGENT LEGAL SERVICES before the  plan

 A. 9505--B                         122
 
 is placed in operation. In the county of Hamilton, representation pursu-
 ant  to  a plan of a bar association in accordance with subparagraph (i)
 of paragraph (a) of this subdivision may be by counsel furnished by  the
 Fulton  county  bar  association pursuant to a plan of the Fulton county
 bar association, following approval of the [state administrator]  OFFICE
 OF  INDIGENT  LEGAL  SERVICES. When considering approval of an office of
 conflict defender pursuant to this section,  the  [state  administrator]
 OFFICE  OF  INDIGENT  LEGAL  SERVICES shall employ the guidelines IT HAS
 HERETOFORE established [by the office of indigent legal services] pursu-
 ant to paragraph (d) of subdivision three of section eight hundred thir-
 ty-two of the executive law.
   (c) Any county operating an office of conflict defender, as  described
 in  subparagraph  (ii) of paragraph (a) of this subdivision, as of March
 thirty-first, two thousand ten may  continue  to  utilize  the  services
 provided  by  such office provided that the county submits a plan to the
 state administrator within one hundred eighty days after  the  promulga-
 tion  of criteria for the provision of conflict defender services by the
 office of indigent legal services. The  authority  to  operate  such  an
 office  pursuant  to this paragraph shall expire when the state adminis-
 trator (OR, ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN,  THE  OFFICE
 OF  INDIGENT  LEGAL  SERVICES)  approves  or disapproves such plan. Upon
 approval, the county is authorized to operate such office in  accordance
 with paragraphs (a) and (b) of this subdivision.
   §  2.  Subdivision  3  of  section 722 of the county law is amended by
 adding a new paragraph (d) to read as follows:
   (D) FOR PURPOSES OF THIS SUBDIVISION, ANY PLAN OF  A  BAR  ASSOCIATION
 APPROVED  HEREUNDER  PURSUANT  TO THIS SUBDIVISION, AS PROVIDED PRIOR TO
 APRIL FIRST, TWO THOUSAND NINETEEN, SHALL REMAIN IN EFFECT UNTIL  IT  IS
 SUPERSEDED  BY  A PLAN APPROVED BY THE OFFICE OF INDIGENT LEGAL SERVICES
 OR DISAPPROVED BY SUCH OFFICE.
   § 3. Subdivision 1 of section 722-f of the county  law,  as  added  by
 chapter 761 of the laws of 1966 and as designated by section 4 of part J
 of chapter 62 of the laws of 2003, is amended to read as follows:
   1.  A public defender appointed pursuant to article eighteen-A of this
 chapter, a private legal aid bureau or society designated by a county or
 city pursuant to subdivision two of section seven hundred twenty-two  of
 this  [chapter] ARTICLE, [and] an administrator of a plan of a bar asso-
 ciation appointed pursuant to subdivision three of section seven hundred
 twenty-two of this [chapter] ARTICLE AND AN OFFICE OF CONFLICT  DEFENDER
 ESTABLISHED  PURSUANT  TO  SUCH  SUBDIVISION shall file an annual report
 with the [judicial conference] CHIEF ADMINISTRATOR OF THE COURTS AND THE
 OFFICE OF INDIGENT LEGAL SERVICES. SUCH REPORT SHALL BE  FILED  at  such
 times and in such detail and form as the [judicial conference] OFFICE OF
 INDIGENT LEGAL SERVICES may direct.
   § 4. This act shall take effect on April 1, 2019.
 
                                  PART PP
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares that it is in the public  interest  to  enact  a  cost  benefit
 review  process  when  a state agency enters into contracts for personal
 services. New York State spends over $3.5 billion annually  on  personal
 service  contracts, over $840 million more than the State spent on these
 contracts in SFY 2003-04, a 32% increase.  Despite  an  Executive  Order
 that  has  implemented  a post contract review process for some personal
 service contracts the cost of  those  contracts  continues  to  escalate

 A. 9505--B                         123
 
 every  year well above the inflation rate. In addition the State Finance
 Law does not require state agencies to compare the cost  or  quality  of
 personal services to be provided by consultants with the cost or quality
 of  providing  the same services by the state employees. Numerous audits
 by the Office of State Comptroller as well as a KPMG study  commissioned
 by  the  department  of transportation have found that consultants hired
 under personal service contracts can  cost  between  fifty  percent  and
 seventy-five  percent  more  than state employees that do the exact same
 work including the cost of state employee benefits. The Contract Disclo-
 sure Law (Chapter 10 of the  laws  of  2006)  required  consultants  who
 provide  personal  services to file forms for each contract that outline
 how many consultants they hired, what titles they employed them  in  and
 how  much  they paid them. A review of these forms show that the average
 consultant makes about fifty percent more  than  state  employees  doing
 comparable  work.  It  is  in  the public interest for state agencies to
 compare the cost of doing work by consultants with the cost of doing the
 same work with state employees as well as document whether or  not  that
 such  work can be done by state employees.  If state government is to be
 smarter, more efficient, and transparent then a  cost  benefit  analysis
 process that makes its findings public should be required by law.
   §  2.  Section 163 of the state finance law is amended by adding a new
 subdivision 16 to read as follows:
   16. CONSULTANT SERVICES. A.  BEFORE  A  STATE  AGENCY  ENTERS  INTO  A
 CONTRACT  FOR CONSULTANT SERVICES WHICH IS ANTICIPATED TO COST MORE THAN
 SEVEN HUNDRED FIFTY THOUSAND DOLLARS IN A TWELVE MONTH PERIOD THE  STATE
 AGENCY  SHALL  CONDUCT A COST COMPARISON REVIEW TO DETERMINE WHETHER THE
 SERVICES TO BE PROVIDED BY THE CONSULTANT CAN BE PERFORMED AT  EQUAL  OR
 LOWER  COST  BY UTILIZING STATE EMPLOYEES, UNLESS THE CONTRACT MEETS ONE
 OF THE EXCEPTIONS SET FORTH IN PARAGRAPH G OF THIS SUBDIVISION. AS  USED
 IN  THIS SECTION, THE TERM "CONSULTANT SERVICES" SHALL MEAN ANY CONTRACT
 ENTERED INTO BY A  STATE  AGENCY  FOR  ANALYSIS,  EVALUATION,  RESEARCH,
 TRAINING, DATA PROCESSING, COMPUTER PROGRAMMING, THE DESIGN, DEVELOPMENT
 AND  IMPLEMENTATION  OF TECHNOLOGY, COMMUNICATIONS OR TELECOMMUNICATIONS
 SYSTEMS OR THE INFRASTRUCTURE PERTAINING THERETO, INCLUDING HARDWARE AND
 SOFTWARE,  ENGINEERING  INCLUDING  INSPECTION  AND  PROFESSIONAL  DESIGN
 SERVICES, HEALTH SERVICES, MENTAL HEALTH SERVICES, ACCOUNTING, AUDITING,
 OR  SIMILAR SERVICES AND SUCH SERVICES THAT ARE SUBSTANTIALLY SIMILAR TO
 AND IN LIEU OF SERVICES PROVIDED, IN WHOLE OR IN PART, BY STATE  EMPLOY-
 EES, BUT SHALL NOT INCLUDE LEGAL SERVICES OR SERVICES IN CONNECTION WITH
 LITIGATION  INCLUDING  EXPERT  WITNESSES AND SHALL NOT INCLUDE CONTRACTS
 FOR CONSTRUCTION OF PUBLIC WORKS. FOR PURPOSES OF THIS SUBDIVISION,  THE
 COSTS  OF  PERFORMING  THE SERVICES BY STATE EMPLOYEES SHALL INCLUDE ANY
 SALARY, PENSION COSTS, ALL OTHER BENEFIT COSTS, COSTS THAT ARE  REQUIRED
 FOR  EQUIPMENT, FACILITIES AND ALL OTHER OVERHEAD. THE COSTS OF CONSULT-
 ANT SERVICES SHALL INCLUDE THE TOTAL  COST  OF  THE  CONTRACT  INCLUDING
 COSTS THAT ARE REQUIRED FOR EQUIPMENT, FACILITIES AND ALL OTHER OVERHEAD
 AND  ANY  CONTINUING  STATE  COSTS DIRECTLY ASSOCIATED WITH A CONTRACTOR
 PROVIDING A CONTRACTED FUNCTION INCLUDING, BUT  NOT  LIMITED  TO,  THOSE
 COSTS  FOR  INSPECTION, SUPERVISION, MONITORING OF THE CONTRACTOR'S WORK
 AND ANY PRO RATA SHARE OF EXISTING COSTS OR EXPENSES, INCLUDING ADMINIS-
 TRATIVE SALARIES AND BENEFITS,  RENT,  EQUIPMENT  COSTS,  UTILITIES  AND
 MATERIALS.  THE  COST COMPARISON SHALL BE EXPRESSED WHERE FEASIBLE AS AN
 HOURLY RATE, OR WHERE SUCH A CALCULATION IS NOT  FEASIBLE,  AS  A  TOTAL
 ESTIMATED COST FOR THE ANTICIPATED TERM OF THE CONTRACT.
   B. PRIOR TO ENTERING ANY CONSULTATION SERVICES CONTRACT FOR THE PRIVA-
 TIZATION  OF A STATE SERVICE THAT IS NOT CURRENTLY PRIVATIZED, THE STATE

 A. 9505--B                         124
 
 AGENCY SHALL DEVELOP A COST COMPARISON REVIEW  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION.
   C. (I) IF SUCH COST COMPARISON REVIEW IDENTIFIES A COST SAVINGS TO THE
 STATE OF TEN PERCENT OR MORE, AND SUCH CONSULTANT SERVICES CONTRACT WILL
 NOT DIMINISH THE QUALITY OF SUCH SERVICE, THE STATE AGENCY SHALL DEVELOP
 A  BUSINESS  PLAN,  IN  ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH D OF
 THIS SUBDIVISION, IN ORDER TO EVALUATE THE FEASIBILITY OF  ENTERING  ANY
 SUCH  CONTRACT  AND TO IDENTIFY THE POTENTIAL RESULTS, EFFECTIVENESS AND
 EFFICIENCY OF SUCH CONTRACT.
   (II) IF SUCH COST COMPARISON REVIEW IDENTIFIES A COST SAVINGS OF  LESS
 THAN TEN PERCENT TO THE STATE AND SUCH CONSULTANT SERVICES CONTRACT WILL
 NOT DIMINISH THE QUALITY OF SUCH SERVICE, THE STATE AGENCY MAY DEVELOP A
 BUSINESS PLAN, IN ORDER TO EVALUATE THE FEASIBILITY OF ENTERING ANY SUCH
 CONTRACT  AND TO IDENTIFY THE POTENTIAL RESULTS, EFFECTIVENESS AND EFFI-
 CIENCY OF SUCH CONTRACT, PROVIDED THERE IS A SIGNIFICANT  PUBLIC  POLICY
 REASON TO ENTER INTO SUCH CONSULTANT SERVICES CONTRACT.
   (III)  IF  ANY SUCH PROPOSED CONSULTANT SERVICES CONTRACT WOULD RESULT
 IN THE LAYOFF, TRANSFER OR REASSIGNMENT OF FIFTY OR  MORE  STATE  AGENCY
 EMPLOYEES,  AFTER  CONSULTING  WITH  THE POTENTIALLY AFFECTED BARGAINING
 UNITS, IF ANY, THE STATE AGENCY SHALL NOTIFY THE STATE EMPLOYEES OF SUCH
 BARGAINING UNIT, AFTER SUCH COST COMPARISON REVIEW  IS  COMPLETED.  SUCH
 STATE  AGENCY  SHALL PROVIDE AN OPPORTUNITY FOR SAID EMPLOYEES TO REDUCE
 THE COSTS OF CONDUCTING THE OPERATIONS  TO  BE  PRIVATIZED  AND  PROVIDE
 REASONABLE  RESOURCES  FOR THE PURPOSE OF ENCOURAGING AND ASSISTING SUCH
 STATE EMPLOYEES TO ORGANIZE AND SUBMIT A BID  TO  PROVIDE  THE  SERVICES
 THAT ARE THE SUBJECT OF THE POTENTIAL CONSULTANT SERVICES CONTACT.
   D.  ANY  BUSINESS  PLAN DEVELOPED BY A STATE AGENCY FOR THE PURPOSE OF
 COMPLYING WITH PARAGRAPH C OF THIS SUBDIVISION SHALL  INCLUDE:  (I)  THE
 COST  COMPARISON REVIEW AS DESCRIBED IN PARAGRAPH B OF THIS SUBDIVISION,
 (II) A DETAILED DESCRIPTION OF THE  SERVICE  OR  ACTIVITY  THAT  IS  THE
 SUBJECT  OF  SUCH BUSINESS PLAN, (III) A DESCRIPTION AND ANALYSIS OF THE
 STATE AGENCY'S CURRENT PERFORMANCE OF SUCH SERVICE OR ACTIVITY, (IV) THE
 GOALS TO BE ACHIEVED THROUGH THE PROPOSED CONSULTANT  SERVICES  CONTRACT
 AND THE RATIONALE FOR SUCH GOALS, (V) A DESCRIPTION OF AVAILABLE OPTIONS
 FOR  ACHIEVING SUCH GOALS, (VI) AN ANALYSIS OF THE ADVANTAGES AND DISAD-
 VANTAGES OF EACH OPTION, INCLUDING, AT A MINIMUM, POTENTIAL  PERFORMANCE
 IMPROVEMENTS  AND  RISKS  ATTENDANT  TO  TERMINATION  OF THE CONTRACT OR
 RESCISSION OF SUCH CONTRACT, (VII) A DESCRIPTION OF THE  CURRENT  MARKET
 FOR  THE  SERVICES  OR  ACTIVITIES THAT ARE THE SUBJECT OF SUCH BUSINESS
 PLAN, (VIII) AN ANALYSIS OF THE QUALITY OF SERVICES AS GAUGED BY  STAND-
 ARDIZED  MEASURES  AND  KEY  PERFORMANCE  REQUIREMENTS INCLUDING COMPEN-
 SATION, TURNOVER, AND STAFFING RATIOS, (IX) A DESCRIPTION OF THE SPECIF-
 IC RESULTS BASED PERFORMANCE STANDARDS THAT SHALL, AT A MINIMUM BE  MET,
 TO  ENSURE  ADEQUATE PERFORMANCE BY ANY PARTY PERFORMING SUCH SERVICE OR
 ACTIVITY, (X) THE PROJECTED TIME FRAME FOR KEY EVENTS FROM THE BEGINNING
 OF THE PROCUREMENT PROCESS THROUGH THE  EXPIRATION  OF  A  CONTRACT,  IF
 APPLICABLE, (XI) A SPECIFIC AND FEASIBLE CONTINGENCY PLAN THAT ADDRESSES
 CONTRACTOR NONPERFORMANCE AND A DESCRIPTION OF THE TASKS INVOLVED IN AND
 COSTS  REQUIRED  FOR IMPLEMENTATION OF SUCH PLAN, AND (XII) A TRANSITION
 PLAN, IF APPROPRIATE, FOR ADDRESSING CHANGES IN  THE  NUMBER  OF  AGENCY
 PERSONNEL,  AFFECTED BUSINESS PROCESSES, EMPLOYEE TRANSITION ISSUES, AND
 COMMUNICATIONS WITH AFFECTED STAKEHOLDERS, SUCH AS  AGENCY  CLIENTS  AND
 MEMBERS OF THE PUBLIC, IF APPLICABLE. SUCH TRANSITION PLAN SHALL CONTAIN
 A  REEMPLOYMENT AND RETRAINING ASSISTANCE PLAN FOR EMPLOYEES WHO ARE NOT
 RETAINED BY THE STATE OR EMPLOYED BY THE CONTRACTOR. IF ANY PART OF SUCH
 BUSINESS PLAN IS BASED UPON EVIDENCE THAT THE STATE AGENCY IS NOT SUFFI-

 A. 9505--B                         125

 CIENTLY STAFFED TO PROVIDE  THE  SERVICES  REQUIRED  BY  THE  CONSULTANT
 SERVICES CONTRACT, THE STATE AGENCY SHALL ALSO INCLUDE WITHIN SUCH BUSI-
 NESS PLAN A RECOMMENDATION FOR REMEDIATION OF THE UNDERSTAFFING TO ALLOW
 SUCH SERVICES TO BE PROVIDED DIRECTLY BY THE STATE AGENCY IN THE FUTURE.
   E.  UPON  THE COMPLETION OF SUCH BUSINESS PLAN, THE STATE AGENCY SHALL
 SUBMIT THE BUSINESS PLAN TO THE STATE COMPTROLLER.
   F. (I) NOT LATER THAN SIXTY DAYS AFTER RECEIPT OF ANY  BUSINESS  PLAN,
 THE  STATE  COMPTROLLER  SHALL  TRANSMIT  A REPORT DETAILING ITS REVIEW,
 EVALUATION AND DISPOSITION REGARDING SUCH BUSINESS  PLAN  TO  THE  STATE
 AGENCY THAT SUBMITTED SUCH COST COMPARISON REVIEW. SUCH SIXTY-DAY PERIOD
 MAY  BE  EXTENDED  FOR  AN ADDITIONAL THIRTY DAYS UPON A SHOWING OF GOOD
 CAUSE.
   (II) THE STATE COMPTROLLER'S REPORT SHALL INCLUDE  THE  BUSINESS  PLAN
 PREPARED  BY  THE STATE AGENCY, THE REASONS FOR APPROVAL OR DISAPPROVAL,
 ANY RECOMMENDATIONS OR OTHER INFORMATION TO ASSIST THE STATE  AGENCY  IN
 DETERMINING  IF  ADDITIONAL  STEPS  ARE NECESSARY TO MOVE FORWARD WITH A
 CONSULTANT SERVICES CONTRACT.
   (III) IF THE STATE COMPTROLLER DOES NOT ACT ON A BUSINESS PLAN SUBMIT-
 TED BY A STATE AGENCY WITHIN NINETY DAYS OF  RECEIPT  OF  SUCH  BUSINESS
 PLAN, SUCH BUSINESS PLAN SHALL BE DEEMED APPROVED.
   G.  A  COST COMPARISON SHALL NOT BE REQUIRED IF THE CONTRACTING AGENCY
 DEMONSTRATES:
   (I) THE SERVICES ARE INCIDENTAL TO THE PURCHASE OF  REAL  OR  PERSONAL
 PROPERTY; OR
   (II)  THE CONTRACT IS NECESSARY IN ORDER TO AVOID A CONFLICT OF INTER-
 EST ON THE PART OF THE AGENCY OR ITS EMPLOYEES; OR
   (III) THE SERVICES ARE OF SUCH A HIGHLY SPECIALIZED NATURE THAT IT  IS
 NOT  FEASIBLE  TO  UTILIZE  STATE  EMPLOYEES  TO PERFORM THEM OR REQUIRE
 SPECIAL EQUIPMENT THAT IS NOT FEASIBLE FOR  THE  STATE  TO  PURCHASE  OR
 LEASE; OR
   (IV) THE SERVICES ARE OF SUCH AN URGENT NATURE THAT IT IS NOT FEASIBLE
 TO UTILIZE STATE EMPLOYEES; OR
   (V)  THE  SERVICES ARE ANTICIPATED TO BE SHORT TERM AND ARE NOT LIKELY
 TO BE EXTENDED OR REPEATED AFTER THE CONTRACT IS COMPLETED; OR
   (VI) A QUANTIFIABLE IMPROVEMENT IN SERVICES THAT CANNOT BE  REASONABLY
 DUPLICATED.
   H. NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE A STATE AGENCY
 TO ENTER INTO A CONTRACT WHICH IS OTHERWISE PROHIBITED BY LAW.
   I.  ALL  DOCUMENTS  RELATED  TO  THE COST COMPARISON AND BUSINESS PLAN
 REQUIRED BY THIS SUBDIVISION AND THE  DETERMINATIONS  MADE  PURSUANT  TO
 PARAGRAPH  G  OF  THIS  SUBDIVISION  SHALL  BE PUBLIC RECORDS SUBJECT TO
 DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   § 3. On or before  December  31,  2020  the  state  comptroller  shall
 prepare  a report, to be delivered to the governor, the temporary presi-
 dent of the senate and the speaker of the assembly.  Such  report  shall
 include, but need not be limited to, an analysis of the effectiveness of
 the  cost  comparison review program and an analysis of the cost savings
 associated with performing such cost comparison.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law and shall apply to all contracts solicited or entered
 into by state agencies after the effective date of this  act;  provided,
 however,  the amendments to section 163 of the state finance law made by
 section two of this act shall not affect the repeal of such section  and
 shall be deemed repealed therewith.
 
                                  PART QQ

 A. 9505--B                         126
 
   Section  1.  Subdivision  1 of section 10.40 of the criminal procedure
 law, as amended by chapter 237 of the laws of 2015, is amended  to  read
 as follows:
   1.  The  chief  administrator  of  the  courts shall have the power to
 adopt, amend and rescind forms for the efficient and just administration
 of this chapter.   SUCH FORMS SHALL  INCLUDE,  WITHOUT  LIMITATION,  THE
 FORMS  DESCRIBED  IN  PARAGRAPH  (Z)  OF  SUBDIVISION TWO OF SECTION TWO
 HUNDRED TWELVE OF THE JUDICIARY LAW. A failure by any  party  to  submit
 papers  in compliance with forms authorized by this section shall not be
 grounds for that reason alone for denial or granting of any motion.
   § 1-a. Section 10.40 of the criminal procedure law, as added by  chap-
 ter 47 of the laws of 1984, is amended to read as follows:
 § 10.40 Chief administrator to prescribe forms.
   The  chief  administrator of the courts shall have the power to adopt,
 amend and rescind forms for the efficient  and  just  administration  of
 this  chapter.   SUCH FORMS SHALL INCLUDE, WITHOUT LIMITATION, THE FORMS
 DESCRIBED IN PARAGRAPH (Z) OF SUBDIVISION TWO  OF  SECTION  TWO  HUNDRED
 TWELVE  OF THE JUDICIARY LAW. A failure by any party to submit papers in
 compliance with forms authorized by this section shall  not  be  grounds
 for that reason alone for denial or granting of any motion.
   §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
 adding six new paragraphs (u-1), (v-1), (w), (x), (y) and (z) to read as
 follows:
   (U-1) COMPILE AND PUBLISH DATA ON MISDEMEANOR OFFENSES IN ALL  COURTS,
 DISAGGREGATED BY COUNTY, INCLUDING THE FOLLOWING INFORMATION:
   (I) THE AGGREGATE NUMBER OF MISDEMEANORS CHARGED, BY INDICTMENT OR THE
 FILING OF A MISDEMEANOR COMPLAINT OR INFORMATION;
   (II) THE OFFENSE CHARGED;
   (III) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
   (IV) WHETHER THE INDIVIDUAL WAS ISSUED A SUMMONS OR APPEARANCE TICKET,
 WAS  SUBJECT  TO  CUSTODIAL  ARREST, AND/OR WAS HELD TO ARRAIGNMENT AS A
 RESULT OF THE ALLEGED MISDEMEANOR;
   (V) THE ZIP CODE OR LOCATION WHERE THE ALLEGED MISDEMEANOR OCCURRED;
   (VI) THE DISPOSITION,  INCLUDING,  AS  THE  CASE  MAY  BE,  DISMISSAL,
 ACQUITTAL,  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, PLEA, CONVICTION,
 OR OTHER DISPOSITION;
   (VII) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR; AND
   (VIII) THE SENTENCE  IMPOSED,  IF  ANY,  INCLUDING  FINES,  FEES,  AND
 SURCHARGES.
   (V-1)  COMPILE AND PUBLISH DATA ON VIOLATIONS IN ALL COURTS, DISAGGRE-
 GATED BY COUNTY, INCLUDING THE FOLLOWING INFORMATION:
   (I) THE AGGREGATE NUMBER OF VIOLATIONS CHARGED BY  THE  FILING  OF  AN
 INFORMATION;
   (II) THE VIOLATION CHARGED;
   (III) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
   (IV) WHETHER THE INDIVIDUAL WAS ISSUED A SUMMONS OR APPEARANCE TICKET,
 WAS  SUBJECT  TO  CUSTODIAL  ARREST, AND/OR WAS HELD TO ARRAIGNMENT AS A
 RESULT OF THE ALLEGED VIOLATION;
   (V) THE ZIP CODE OR LOCATION WHERE THE ALLEGED VIOLATION OCCURRED;
   (VI) THE DISPOSITION,  INCLUDING,  AS  THE  CASE  MAY  BE,  DISMISSAL,
 ACQUITTAL, CONVICTION, OR OTHER DISPOSITION;
   (VII) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR; AND
   (VIII)  THE  SENTENCE  IMPOSED,  IF  ANY,  INCLUDING  FINES, FEES, AND
 SURCHARGES.
   (W) THE CHIEF ADMINISTRATOR SHALL INCLUDE THE INFORMATION REQUIRED  BY
 PARAGRAPHS  (U-1)  AND  (V-1)  OF  THIS SUBDIVISION IN THE ANNUAL REPORT

 A. 9505--B                         127
 
 SUBMITTED TO THE LEGISLATURE AND THE GOVERNOR PURSUANT TO PARAGRAPH  (J)
 OF  SUBDIVISION  ONE OF THIS SECTION. THE CHIEF ADMINISTRATOR SHALL ALSO
 MAKE THE INFORMATION REQUIRED BY PARAGRAPHS  (U-1)  AND  (V-1)  OF  THIS
 SUBDIVISION  AVAILABLE TO THE PUBLIC BY POSTING IT ON THE WEBSITE OF THE
 OFFICE OF COURT ADMINISTRATION AND SHALL UPDATE SUCH  INFORMATION  ON  A
 MONTHLY BASIS. THE INFORMATION SHALL BE POSTED IN ALPHANUMERIC FORM THAT
 CAN  BE  DIGITALLY TRANSMITTED OR PROCESSED AND NOT IN PORTABLE DOCUMENT
 FORMAT OR SCANNED COPIES OF ORIGINAL DOCUMENTS.
   (X) NOTHING IN PARAGRAPHS (U-1) AND (V-1) OF THIS SUBDIVISION SHALL BE
 CONSTRUED AS GRANTING AUTHORITY TO THE CHIEF ADMINISTRATOR,  A  CRIMINAL
 JUSTICE  OR  LAW ENFORCEMENT AGENCY, A GOVERNMENTAL ENTITY, OR ANY AGENT
 OR REPRESENTATIVE OF THE FOREGOING, TO USE, DISSEMINATE, OR PUBLISH  ANY
 INDIVIDUAL'S  NAME, DATE OF BIRTH, NYSID, SOCIAL SECURITY NUMBER, DOCKET
 NUMBER, OR OTHER UNIQUE IDENTIFIER IN VIOLATION OF THE  CRIMINAL  PROCE-
 DURE LAW, THE GENERAL BUSINESS LAW, OR ANY OTHER LAW.
   (Y) NOTHING IN PARAGRAPHS (U-1) AND (V-1) OF THIS SUBDIVISION SHALL BE
 CONSTRUED  AS  GRANTING AUTHORITY TO THE CHIEF ADMINISTRATOR, A CRIMINAL
 JUSTICE OR LAW ENFORCEMENT AGENCY, A GOVERNMENTAL  ENTITY,  A  PARTY,  A
 JUDGE, A PROSECUTOR, OR ANY  AGENT OR REPRESENTATIVE OF THE FOREGOING TO
 INTRODUCE,  USE,  DISSEMINATE,  PUBLISH  OR  CONSIDER ANY RECORDS IN ANY
 JUDICIAL OR ADMINISTRATIVE PROCEEDING EXPUNGED OR SEALED UNDER  APPLICA-
 BLE  PROVISIONS  OF THE CRIMINAL PROCEDURE LAW, THE FAMILY COURT ACT, OR
 ANY OTHER LAW.
   (Z) IN EXECUTING THE REQUIREMENTS OF PARAGRAPHS  (U-1)  AND  (V-1)  OF
 THIS  SECTION,  THE  CHIEF ADMINISTRATOR MAY ADOPT RULES CONSISTENT WITH
 THE REQUIREMENTS OF PARAGRAPHS (X) AND (Y) OF THIS SUBDIVISION REQUIRING
 APPROPRIATE LAW ENFORCEMENT OR CRIMINAL  JUSTICE  AGENCIES  TO  IDENTIFY
 ACTIONS  AND  PROCEEDINGS  INVOLVING THESE OFFENSES, AND WITH RESPECT TO
 SUCH ACTIONS AND PROCEEDINGS, TO REPORT, IN SUCH FORM AND MANNER AS  THE
 CHIEF  ADMINISTRATOR  SHALL PRESCRIBE, THE INFORMATION SPECIFIED HEREIN.
 FURTHER, TO FACILITATE THIS PROVISION,  THE  CHIEF  ADMINISTRATOR  SHALL
 ADOPT  RULES TO FACILITATE RECORD SHARING, RETENTION AND OTHER NECESSARY
 COMMUNICATION AMONG THE CRIMINAL COURTS AND  LAW  ENFORCEMENT  AGENCIES,
 SUBJECT  TO  APPLICABLE  PROVISIONS  OF  THE CRIMINAL PROCEDURE LAW, THE
 FAMILY COURT ACT, AND ANY OTHER LAW PERTAINING TO  THE  CONFIDENTIALITY,
 EXPUNGEMENT AND SEALING OF RECORDS.
   §  3.  The  executive  law is amended by adding a new section 837-t to
 read as follows:
   § 837-T. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH  RESPECT
 TO  ARREST-RELATED DEATHS. 1. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH
 COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE  POLICE  SHALL  PROMPTLY
 REPORT  TO THE DIVISION ANY ARREST-RELATED DEATH, DISAGGREGATED BY COUN-
 TY. AN ARREST-RELATED DEATH IS A DEATH THAT OCCURS DURING  LAW  ENFORCE-
 MENT  CUSTODY  OR  AN  ATTEMPT  TO  ESTABLISH CUSTODY INCLUDING, BUT NOT
 LIMITED TO, DEATHS CAUSED BY ANY USE OF FORCE. THE  DATA  SHALL  INCLUDE
 THE FOLLOWING INFORMATION:
   (A) THE NUMBER OF ARREST-RELATED DEATHS;
   (B) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL;
   (C) THE ZIP CODE OR LOCATION WHERE THE DEATH OCCURRED; AND
   (D)  A  BRIEF DESCRIPTION OF THE CIRCUMSTANCES SURROUNDING THE ARREST-
 RELATED DEATH.
   2. THE DIVISION SHALL PRESENT TO THE GOVERNOR AND THE  LEGISLATURE  AN
 ANNUAL  REPORT CONTAINING THE INFORMATION REQUIRED BY SUBDIVISION ONE OF
 THIS SECTION. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION  SHALL  BE
 FOR  THE  PERIOD  BEGINNING JULY FIRST, TWO THOUSAND EIGHTEEN AND ENDING
 DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN AND SHALL BE  PRESENTED  NO

 A. 9505--B                         128
 
 LATER  THAN  FEBRUARY  FIRST,  TWO THOUSAND NINETEEN.   THEREAFTER, EACH
 ANNUAL REPORT SHALL BE PRESENTED NO LATER THAN FEBRUARY FIRST.
   3. THE DIVISION SHALL MAKE THE INFORMATION REQUIRED BY SUBDIVISION ONE
 OF  THIS SECTION AVAILABLE TO THE PUBLIC BY POSTING IT ON THE WEBSITE OF
 THE DIVISION AND SHALL UPDATE SUCH INFORMATION ON A MONTHLY  BASIS.  THE
 INFORMATION  SHALL  BE POSTED IN ALPHANUMERIC FORM THAT CAN BE DIGITALLY
 TRANSMITTED OR PROCESSED AND NOT IN PORTABLE DOCUMENT FORMAT OR  SCANNED
 COPIES OF ORIGINAL DOCUMENTS.
   §  4. This act shall take effect immediately; provided that the amend-
 ment to subdivision 1 of section 10.40 of the  criminal  procedure  law,
 made  by section one of this act, shall be subject to the expiration and
 reversion of such section as provided in section 11 of  chapter  237  of
 the  laws  of  2015,  as  amended, when upon such date the provisions of
 section one-a of this act shall take effect.
 
                                  PART RR

   Section 1. Subdivision 2 of section 420.35 of the  criminal  procedure
 law, as amended by chapter 426 of the laws of 2015, is amended and a new
 subdivision 2-a is added to read as follows:
   2. [Under] EXCEPT AS PROVIDED IN THIS SUBDIVISION OR SUBDIVISION TWO-A
 OF  THIS  SECTION, UNDER no circumstances shall the mandatory surcharge,
 sex offender registration fee, DNA databank  fee  or  the  crime  victim
 assistance  fee be waived [provided, however, that a court may waive the
 crime victim assistance fee if such defendant is an  eligible  youth  as
 defined  in  subdivision  two of section 720.10 of this chapter, and the
 imposition of such fee  would  work  an  unreasonable  hardship  on  the
 defendant,  his  or  her  immediate  family,  or any other person who is
 dependent on such defendant for financial support]. A court shall  waive
 any  mandatory  surcharge,  DNA databank fee and crime victim assistance
 fee when: (i) the defendant is convicted of loitering for the purpose of
 engaging in prostitution under section 240.37 of the penal law (provided
 that the defendant was not convicted of loitering  for  the  purpose  of
 patronizing  a person for prostitution); (ii) the defendant is convicted
 of prostitution under section 230.00 of the penal law; (iii) the defend-
 ant is convicted of a violation in the event such conviction is in  lieu
 of  a plea to or conviction for loitering for the purpose of engaging in
 prostitution under section 240.37 of the penal law  (provided  that  the
 defendant was not alleged to be loitering for the purpose of patronizing
 a  person  for prostitution) or prostitution under section 230.00 of the
 penal law; or (iv) the court finds that a defendant is a victim  of  sex
 trafficking  under  section 230.34 of the penal law or a victim of traf-
 ficking in persons under the trafficking victims protection act  (United
 States Code, Title 22, Chapter 78).
   2-A.  A COURT MAY WAIVE ANY MANDATORY SURCHARGE, ADDITIONAL SURCHARGE,
 TOWN OR VILLAGE SURCHARGE, THE CRIME VICTIM ASSISTANCE FEE, DNA DATABANK
 FEE, SEX OFFENDER REGISTRATION  FEE  AND/OR  SUPPLEMENTAL  SEX  OFFENDER
 VICTIM  FEE WHEN THE COURT FINDS THAT THE DEFENDANT WAS UNDER THE AGE OF
 TWENTY-ONE AT THE TIME THE OFFENSE WAS COMMITTED AND:
   (A) THE IMPOSITION OF SUCH SURCHARGE OR FEE WOULD WORK AN UNREASONABLE
 HARDSHIP ON THE DEFENDANT, HIS OR HER IMMEDIATE  FAMILY,  OR  ANY  OTHER
 PERSON WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL SUPPORT; OR
   (B)  AFTER CONSIDERING THE GOAL OF PROMOTING SUCCESSFUL AND PRODUCTIVE
 REENTRY AND REINTEGRATION AS SET FORTH IN  SUBDIVISION  SIX  OF  SECTION
 1.05  OF  THE  PENAL  LAW, THE IMPOSITION OF SUCH SURCHARGE OR FEE WOULD
 ADVERSELY IMPACT THE DEFENDANT'S REINTEGRATION INTO SOCIETY; OR

 A. 9505--B                         129
 
   (C) THE INTERESTS OF JUSTICE.
   § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
 amended  by  section  5  of part F of chapter 56 of the laws of 2004, is
 amended to read as follows:
   3. Restrictions. [In] EXCEPT AS PROVIDED FOR IN SUBDIVISION  TWO-A  OF
 SECTION 420.35 OF THIS ARTICLE, IN no event shall a mandatory surcharge,
 sex  offender registration fee, DNA databank fee or crime victim assist-
 ance fee be remitted [provided, however, that  a  court  may  waive  the
 crime  victim  assistance  fee if such defendant is an eligible youth as
 defined in subdivision two of section 720.10 of this  chapter,  and  the
 imposition  of  such  fee  would  work  an  unreasonable hardship on the
 defendant, his or her immediate family,  or  any  other  person  who  is
 dependent on such defendant for financial support].
   § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
   § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
   § 5. This act shall take effect immediately.
 
                                  PART SS

   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 15-a to read as follows:
   15-A.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS SPECIF-
 ICALLY REQUIRED OR PERMITTED BY STATUTE, FOR ANY  PROSPECTIVE  EMPLOYER,
 INCLUDING  ANY  PERSON,  AGENCY,  BUREAU,  CORPORATION  OR  ASSOCIATION,
 INCLUDING THE STATE AND ANY POLITICAL SUBDIVISION THEREOF,  TO  MAKE  AN
 INQUIRY  ABOUT,  WHETHER  IN ANY FORM OF APPLICATION OR OTHERWISE, OR TO
 ACT UPON ADVERSELY TO THE INDIVIDUAL INVOLVED BASED UPON,  ANY  CRIMINAL
 CONVICTION  OF SUCH INDIVIDUAL UNLESS SUCH EMPLOYER FIRST MAKES A CONDI-
 TIONAL OFFER OF EMPLOYMENT TO SUCH INDIVIDUAL. SUCH CONDITIONAL OFFER OF
 EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITHDRAWN ON THE BASIS OF A CRIMINAL
 CONVICTION IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF  THE  CORRECTION
 LAW  WHERE  SUCH CONVICTION BEARS A DIRECT RELATIONSHIP, AS SUCH TERM IS
 DEFINED IN SUBDIVISION THREE OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
 CORRECTION  LAW, TO THE SPECIFIC POSITION BEING OFFERED, OR THE GRANTING
 OF SUCH EMPLOYMENT WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR  TO
 THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART TT
 
   Section 1. Subdivision 23 of section 2 of the correction law, as added
 by chapter 1 of the laws of 2008, is amended to read as follows:
   23. "Segregated confinement" means the [disciplinary]  confinement  of
 an  inmate  in [a special housing unit or in a separate keeplock housing
 unit.  Special housing units and separate  keeplock  units  are  housing
 units that consist of cells grouped so as to provide separation from the
 general  population,  and may be used to house inmates confined pursuant
 to the disciplinary procedures described in  regulations]  ANY  FORM  OF
 CELL  CONFINEMENT  FOR  MORE  THAN SEVENTEEN HOURS A DAY OTHER THAN IN A
 FACILITY-WIDE EMERGENCY OR FOR  THE  PURPOSE  OF  PROVIDING  MEDICAL  OR
 MENTAL  HEALTH  TREATMENT.  CELL  CONFINEMENT THAT IS IMPLEMENTED DUE TO
 MEDICAL OR MENTAL HEALTH TREATMENT SHALL BE WITHIN A  CLINICAL  AREA  IN
 THE  CORRECTIONAL  FACILITY  OR  IN  AS  CLOSE PROXIMITY TO A MEDICAL OR
 MENTAL HEALTH UNIT AS POSSIBLE.

 A. 9505--B                         130
 
   § 2. Section 2 of the correction law is  amended  by  adding  two  new
 subdivisions 32 and 33 to read as follows:
   32.  "SPECIAL  POPULATIONS"  MEANS ANY PERSON: (A) TWENTY-ONE YEARS OF
 AGE OR YOUNGER; (B) FIFTY-FIVE YEARS OF AGE OR OLDER; (C) WITH  A  DISA-
 BILITY  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWENTY-ONE OF SECTION
 TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; OR (D) WHO IS PREGNANT,  IN
 THE  FIRST  EIGHT  WEEKS OF THE POST-PARTUM RECOVERY PERIOD AFTER GIVING
 BIRTH, OR CARING FOR A CHILD IN A CORRECTIONAL INSTITUTION  PURSUANT  TO
 SUBDIVISIONS TWO OR THREE OF SECTION SIX HUNDRED ELEVEN OF THIS CHAPTER.
   33.  "RESIDENTIAL  REHABILITATION  UNIT" MEANS A SEPARATE HOUSING UNIT
 USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING OF INCARCER-
 ATED PEOPLE WHO HAVE BEEN DETERMINED TO REQUIRE MORE THAN  FIFTEEN  DAYS
 OF SEGREGATED CONFINEMENT PURSUANT TO DEPARTMENT PROCEEDINGS. SUCH UNITS
 SHALL  BE THERAPEUTIC AND TRAUMA-INFORMED, AND AIM TO ADDRESS INDIVIDUAL
 TREATMENT AND REHABILITATION NEEDS AND UNDERLYING CAUSES OF  PROBLEMATIC
 BEHAVIORS.
   §  3.  Paragraph (a) of subdivision 6 of section 137 of the correction
 law, as amended by chapter 490 of the laws of 1974, is amended  to  read
 as follows:
   (a)  The inmate shall be supplied with a sufficient quantity of whole-
 some and nutritious food[, provided, however, that such food need not be
 the same as the food  supplied  to  inmates  who  are  participating  in
 programs of the facility];
   §  4.  Paragraph (d) of subdivision 6 of section 137 of the correction
 law, as added by chapter 1 of the laws of 2008, is amended  to  read  as
 follows:
   (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this
 paragraph,  the  department,  in  consultation with mental health clini-
 cians, shall divert or remove inmates with serious  mental  illness,  as
 defined  in  paragraph (e) of this subdivision, from segregated confine-
 ment OR CONFINEMENT IN A RESIDENTIAL  REHABILITATION  UNIT,  where  such
 confinement  could potentially be for a period in excess of thirty days,
 to a residential mental health treatment unit.   Nothing in  this  para-
 graph  shall be deemed to prevent the disciplinary process from proceed-
 ing in accordance with department rules and regulations for disciplinary
 hearings.
   (ii) (A) Upon placement of an inmate into segregated confinement OR  A
 RESIDENTIAL  REHABILITATION UNIT at a level one or level two facility, a
 suicide prevention screening instrument shall be administered  by  staff
 from  the department or the office of mental health who has been trained
 for that purpose. If such a screening instrument reveals that the inmate
 is at risk of suicide, a mental health clinician shall be consulted  and
 appropriate  safety precautions shall be taken. Additionally, within one
 business day of the placement of such an inmate into segregated confine-
 ment at a level one or level two facility, the inmate shall be  assessed
 by a mental health clinician.
   (B) Upon placement of an inmate into segregated confinement OR A RESI-
 DENTIAL  REHABILITATION  UNIT at a level three or level four facility, a
 suicide prevention screening instrument shall be administered  by  staff
 from  the department or the office of mental health who has been trained
 for that purpose. If such a screening instrument reveals that the inmate
 is at risk of suicide, a mental health clinician shall be consulted  and
 appropriate  safety  precautions  shall  be taken. All inmates placed in
 segregated confinement OR A RESIDENTIAL REHABILITATION UNIT at  a  level
 three or level four facility shall be assessed by a mental health clini-

 A. 9505--B                         131
 
 cian,  within  [fourteen]  SEVEN  days of such placement into segregated
 confinement.
   (C)  At  the  initial assessment, if the mental health clinician finds
 that an inmate suffers from a serious mental illness, THAT PERSON  SHALL
 BE  DIVERTED  OR  REMOVED  FROM  SEGREGATED CONFINEMENT OR A RESIDENTIAL
 REHABILITATION UNIT AND a recommendation shall be  made  whether  excep-
 tional  circumstances,  as described in clause (E) of this subparagraph,
 exist. In a facility with a joint case management committee, such recom-
 mendation shall be made by such committee. In a facility without a joint
 case management committee, the recommendation shall be made jointly by a
 committee consisting of the facility's  highest  ranking  mental  health
 clinician, the deputy superintendent for security, and the deputy super-
 intendent for program services, or their equivalents. Any such recommen-
 dation  shall  be reviewed by the joint central office review committee.
 The administrative process described in this clause shall  be  completed
 within  [fourteen]  SEVEN  days  of  the  initial assessment, and if the
 result of such process is that the inmate should be removed from  segre-
 gated  confinement  OR  A  RESIDENTIAL REHABILITATION UNIT, such removal
 shall occur as soon as practicable, but in no event more  than  seventy-
 two hours from the completion of the administrative process. PURSUANT TO
 PARAGRAPH  (G) OF THIS SUBDIVISION, NOTHING IN THIS SECTION SHALL PERMIT
 THE PLACEMENT OF AN INCARCERATED PERSON WITH SERIOUS MENTAL ILLNESS INTO
 SEGREGATED CONFINEMENT AT ANY TIME, EVEN FOR THE PURPOSES OF ASSESSMENT.
   (D) If an inmate with a serious mental  illness  is  not  diverted  or
 removed to a residential mental health treatment unit, such inmate shall
 be  DIVERTED  TO  A  RESIDENTIAL REHABILITATION UNIT AND reassessed by a
 mental health clinician within fourteen days of the  initial  assessment
 and at least once every fourteen days thereafter.  After each such addi-
 tional  assessment, a recommendation as to whether such inmate should be
 removed from [segregated confinement] A RESIDENTIAL REHABILITATION  UNIT
 shall  be made and reviewed according to the process set forth in clause
 (C) of this subparagraph.
   (E) A recommendation or determination whether to remove an inmate from
 segregated confinement OR A RESIDENTIAL REHABILITATION UNIT  shall  take
 into  account the assessing mental health clinicians' opinions as to the
 inmate's mental condition and treatment needs, and shall also take  into
 account  any  safety  and  security  concerns that would be posed by the
 inmate's removal, even if additional restrictions  were  placed  on  the
 inmate's  access  to  treatment,  property,  services or privileges in a
 residential mental health treatment unit. A recommendation  or  determi-
 nation  shall direct the inmate's removal from segregated confinement OR
 A RESIDENTIAL REHABILITATION UNIT except in  the  following  exceptional
 circumstances:  (1)  when  the  reviewer finds that removal would pose a
 substantial risk to the safety of the inmate  or  other  persons,  or  a
 substantial  threat  to the security of the facility, even if additional
 restrictions were placed on the inmate's access to treatment,  property,
 services or privileges in a residential mental health treatment unit; or
 (2)  when  the  assessing  mental  health clinician determines that such
 placement is in the inmate's best interests based on his or  her  mental
 condition  and  that removing such inmate to a residential mental health
 treatment unit would be detrimental to his or her mental condition.  Any
 determination  not  to remove an inmate with serious mental illness from
 segregated confinement OR A RESIDENTIAL  REHABILITATION  UNIT  shall  be
 documented in writing and include the reasons for the determination.
   (iii)  Inmates  with  serious  mental  illness who are not diverted or
 removed from [segregated confinement] A RESIDENTIAL REHABILITATION  UNIT

 A. 9505--B                         132
 
 shall  be  offered a heightened level of MENTAL HEALTH care, involving a
 minimum of [two] THREE hours [each day, five  days  a  week,]  DAILY  of
 out-of-cell therapeutic treatment and programming. This heightened level
 of care shall not be offered only in the following circumstances:
   (A)  The  heightened level of care shall not apply when an inmate with
 serious mental illness does not, in the reasonable judgment of a  mental
 health  clinician,  require  the heightened level of care. Such determi-
 nation shall be documented with a written statement of the basis of such
 determination and shall be reviewed by the Central New York  Psychiatric
 Center clinical director or his or her designee. Such a determination is
 subject  to  change  should  the  inmate's  clinical status change. Such
 determination shall be reviewed and documented by a mental health clini-
 cian every thirty days, and in consultation with the  Central  New  York
 Psychiatric  Center  clinical  director  or his or her designee not less
 than every ninety days.
   (B) The heightened level  of  care  shall  not  apply  in  exceptional
 circumstances when providing such care would create an unacceptable risk
 to the safety and security of inmates or staff. Such determination shall
 be  documented  by  security  personnel  together with the basis of such
 determination and shall be reviewed by the facility  superintendent,  in
 consultation  with  a mental health clinician, not less than every seven
 days for as long as the inmate remains  in  [segregated  confinement]  A
 RESIDENTIAL  REHABILITATION UNIT.  The facility shall attempt to resolve
 such exceptional circumstances so that the heightened level of care  may
 be  provided.  If  such  exceptional circumstances remain unresolved for
 thirty days, the matter shall be referred to the  joint  central  office
 review committee for review.
   (iv)  [Inmates  with  serious  mental  illness who are not diverted or
 removed from segregated confinement shall not be placed on a  restricted
 diet,  unless there has been a written determination that the restricted
 diet is necessary for reasons of safety and security.  If  a  restricted
 diet is imposed, it shall be limited to seven days, except in the excep-
 tional  circumstances  where  the joint case management committee deter-
 mines that limiting the restricted diet to  seven  days  would  pose  an
 unacceptable  risk  to  the  safety and security of inmates or staff. In
 such case, the need for a restricted diet shall  be  reassessed  by  the
 joint case management committee every seven days.
   (v)]All  inmates in segregated confinement in a level one or level two
 facility who are not assessed with  a  serious  mental  illness  at  the
 initial assessment shall be offered at least one interview with a mental
 health  clinician  within  [fourteen] SEVEN days of their initial mental
 health assessment, [and additional interviews at least every thirty days
 thereafter,] unless the mental  health  clinician  at  the  most  recent
 interview  recommends an earlier interview or assessment. All inmates in
 [segregated confinement] A RESIDENTIAL REHABILITATION UNIT  in  a  level
 three  or level four facility who are not assessed with a serious mental
 illness at the initial assessment shall be offered at least  one  inter-
 view  with a mental health clinician within thirty days of their initial
 mental health assessment, and additional interviews at least every nine-
 ty days thereafter, unless the  mental  health  clinician  at  the  most
 recent interview recommends an earlier interview or assessment.
   §  5. Subdivision 6 of section 137 of the correction law is amended by
 adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) to
 read as follows:
   (G) PERSONS IN A SPECIAL POPULATION AS DEFINED IN SUBDIVISION  THIRTY-
 TWO  OF  SECTION  TWO  OF THIS CHAPTER SHALL NOT BE PLACED IN SEGREGATED

 A. 9505--B                         133
 
 CONFINEMENT FOR ANY LENGTH OF TIME, EXCEPT  IN  KEEPLOCK  FOR  A  PERIOD
 PRIOR TO A DISCIPLINARY HEARING PURSUANT TO PARAGRAPH (K) OF THIS SUBDI-
 VISION.    INDIVIDUALS IN A SPECIAL POPULATION WHO ARE IN KEEPLOCK PRIOR
 TO  A  DISCIPLINARY HEARING SHALL BE GIVEN SEVEN HOURS A DAY OUT-OF-CELL
 TIME OR SHALL BE TRANSFERRED TO A  RESIDENTIAL  REHABILITATION  UNIT  OR
 RESIDENTIAL  MENTAL  HEALTH TREATMENT UNIT AS EXPEDITIOUSLY AS POSSIBLE,
 BUT IN NO CASE LONGER THAN FORTY-EIGHT HOURS FROM THE TIME AN INDIVIDUAL
 IS ADMITTED TO KEEPLOCK.
   (H) NO PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT FOR LONGER  THAN
 NECESSARY AND NO MORE THAN FIFTEEN CONSECUTIVE DAYS OR TWENTY TOTAL DAYS
 WITHIN  ANY  SIXTY  DAY  PERIOD.    AT  THESE  LIMITS, HE OR SHE MUST BE
 RELEASED FROM SEGREGATED CONFINEMENT OR DIVERTED TO A SEPARATE  RESIDEN-
 TIAL  REHABILITATION  UNIT.  IF  PLACEMENT  OF SUCH PERSON IN SEGREGATED
 CONFINEMENT WOULD EXCEED THE TWENTY-DAY LIMIT AND THE DEPARTMENT  ESTAB-
 LISHES  THAT THE PERSON COMMITTED AN ACT DEFINED IN SUBPARAGRAPH (II) OF
 PARAGRAPH (J) OF THIS SUBDIVISION, THE DEPARTMENT MAY PLACE  THE  PERSON
 IN  SEGREGATED  CONFINEMENT  UNTIL  ADMISSION TO A RESIDENTIAL REHABILI-
 TATION UNIT CAN BE EFFECTUATED. SUCH ADMISSION TO A RESIDENTIAL REHABIL-
 ITATION UNIT SHALL OCCUR AS EXPEDITIOUSLY AS POSSIBLE  AND  IN  NO  CASE
 TAKE  LONGER  THAN FORTY-EIGHT HOURS FROM THE TIME SUCH PERSON IS PLACED
 IN SEGREGATED CONFINEMENT.
   (I) (I) ALL  SEGREGATED  CONFINEMENT  AND  RESIDENTIAL  REHABILITATION
 UNITS  SHALL  CREATE THE LEAST RESTRICTIVE ENVIRONMENT NECESSARY FOR THE
 SAFETY OF INCARCERATED PERSONS, STAFF, AND THE SECURITY OF THE FACILITY.
   (II) PERSONS IN SEGREGATED CONFINEMENT SHALL  BE  OFFERED  OUT-OF-CELL
 PROGRAMMING AT LEAST FOUR HOURS PER DAY, INCLUDING AT LEAST ONE HOUR FOR
 RECREATION.   PERSONS ADMITTED TO RESIDENTIAL REHABILITATION UNITS SHALL
 BE OFFERED AT LEAST SIX HOURS OF DAILY OUT-OF-CELL  CONGREGATE  PROGRAM-
 MING,  SERVICES,  TREATMENT, AND/OR MEALS, WITH AN ADDITIONAL MINIMUM OF
 ONE HOUR FOR RECREATION. RECREATION IN  ALL  RESIDENTIAL  REHABILITATION
 UNITS  SHALL  TAKE  PLACE  IN  A  CONGREGATE SETTING, UNLESS EXCEPTIONAL
 CIRCUMSTANCES MEAN DOING SO WOULD CREATE A SIGNIFICANT AND  UNREASONABLE
 RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS, STAFF, OR
 THE FACILITY.
   (III)  NO  LIMITATION  ON  SERVICES, TREATMENT, OR BASIC NEEDS SUCH AS
 CLOTHING, FOOD AND BEDDING SHALL BE IMPOSED AS A FORM OF PUNISHMENT.  IF
 PROVISION  OF ANY SUCH SERVICES, TREATMENT OR BASIC NEEDS TO AN INDIVID-
 UAL WOULD CREATE A SIGNIFICANT AND UNREASONABLE RISK TO THE  SAFETY  AND
 SECURITY OF INCARCERATED PERSONS, STAFF, OR THE FACILITY, SUCH SERVICES,
 TREATMENT  OR  BASIC  NEEDS  MAY BE WITHHELD UNTIL IT REASONABLY APPEARS
 THAT THE RISK HAS ENDED.   THE DEPARTMENT SHALL  NOT  IMPOSE  RESTRICTED
 DIETS  OR ANY OTHER CHANGE IN DIET AS A FORM OF PUNISHMENT. PERSONS IN A
 RESIDENTIAL REHABILITATION UNIT  SHALL  HAVE  ACCESS  TO  ALL  OF  THEIR
 PERSONAL PROPERTY UNLESS AN INDIVIDUAL DETERMINATION IS MADE THAT HAVING
 A  SPECIFIC  ITEM  WOULD POSE A SIGNIFICANT AND UNREASONABLE RISK TO THE
 SAFETY OF INCARCERATED PERSONS OR STAFF OR THE SECURITY OF THE UNIT.
   (IV) UPON ADMISSION TO A RESIDENTIAL REHABILITATION UNIT, PROGRAM  AND
 MENTAL HEALTH STAFF SHALL ADMINISTER ASSESSMENTS AND DEVELOP AN INDIVID-
 UAL  REHABILITATION  PLAN  IN CONSULTATION WITH THE RESIDENT, BASED UPON
 HIS OR HER MEDICAL, MENTAL HEALTH,  AND  PROGRAMMING  NEEDS.  SUCH  PLAN
 SHALL  IDENTIFY  SPECIFIC GOALS AND PROGRAMS, TREATMENT, AND SERVICES TO
 BE OFFERED, WITH PROJECTED TIME FRAMES FOR COMPLETION AND DISCHARGE FROM
 THE RESIDENTIAL REHABILITATION UNIT.
   (V) AN INCARCERATED PERSON IN A RESIDENTIAL REHABILITATION UNIT  SHALL
 HAVE ACCESS TO PROGRAMS AND WORK ASSIGNMENTS COMPARABLE TO CORE PROGRAMS
 AND  WORK  ASSIGNMENTS  IN GENERAL POPULATION. SUCH INCARCERATED PERSONS

 A. 9505--B                         134
 
 SHALL ALSO HAVE ACCESS TO ADDITIONAL OUT-OF-CELL, TRAUMA-INFORMED THERA-
 PEUTIC PROGRAMMING AIMED AT PROMOTING PERSONAL  DEVELOPMENT,  ADDRESSING
 UNDERLYING  CAUSES  OF  PROBLEMATIC BEHAVIOR RESULTING IN PLACEMENT IN A
 RESIDENTIAL  REHABILITATION UNIT, AND HELPING PREPARE FOR DISCHARGE FROM
 THE UNIT AND TO THE COMMUNITY.
   (VI) IF THE DEPARTMENT ESTABLISHES THAT  A  PERSON  COMMITTED  AN  ACT
 DEFINED  IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION WHILE
 IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND POSES
 A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF  OTHER
 INCARCERATED PERSONS OR STAFF, THE DEPARTMENT MAY RESTRICT SUCH PERSON'S
 PARTICIPATION IN PROGRAMMING AND OUT-OF-CELL ACTIVITIES AS NECESSARY FOR
 THE SAFETY OF OTHER INCARCERATED PERSONS AND STAFF. IF SUCH RESTRICTIONS
 ARE IMPOSED, THE DEPARTMENT MUST PROVIDE AT LEAST FOUR HOURS OUT-OF-CELL
 TIME  DAILY, INCLUDING AT LEAST TWO HOURS OF THERAPEUTIC PROGRAMMING AND
 TWO HOURS OF RECREATION, AND MUST MAKE REASONABLE EFFORTS  TO  REINSTATE
 ACCESS  TO  PROGRAMMING  AS  SOON  AS  POSSIBLE.  IN  NO  CASE  MAY SUCH
 RESTRICTIONS EXTEND BEYOND FIFTEEN DAYS UNLESS THE PERSON COMMITS A  NEW
 ACT  DEFINED HEREIN JUSTIFYING RESTRICTIONS ON PROGRAM ACCESS, OR IF THE
 COMMISSIONER AND, WHEN APPROPRIATE, THE COMMISSIONER  OF  MENTAL  HEALTH
 PERSONALLY  REASONABLY  DETERMINE THAT THE PERSON POSES AN EXTRAORDINARY
 AND UNACCEPTABLE RISK OF IMMINENT HARM TO  THE  SAFETY  OR  SECURITY  OF
 INCARCERATED  PERSONS  OR STAFF.   ANY EXTENSION OF PROGRAM RESTRICTIONS
 BEYOND FIFTEEN DAYS MUST BE MEANINGFULLY REVIEWED AND APPROVED AT  LEAST
 EVERY  FIFTEEN  DAYS  BY  THE COMMISSIONER AND, WHEN APPROPRIATE, BY THE
 COMMISSIONER OF MENTAL HEALTH. EACH REVIEW MUST CONSIDER THE  IMPACT  OF
 THERAPEUTIC  PROGRAMMING  PROVIDED  DURING THE FIFTEEN-DAY PERIOD ON THE
 PERSON'S RISK OF IMMINENT HARM AND THE COMMISSIONER MUST  ARTICULATE  IN
 WRITING,  WITH  A COPY PROVIDED TO THE INCARCERATED PERSON, THE SPECIFIC
 REASON WHY THE PERSON CURRENTLY POSES AN EXTRAORDINARY AND  UNACCEPTABLE
 RISK  OF IMMINENT HARM TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS
 OR STAFF. IN NO CASE MAY RESTRICTIONS IMPOSED BY THE COMMISSIONER EXTEND
 BEYOND NINETY DAYS UNLESS THE PERSON COMMITS A NEW  ACT  DEFINED  HEREIN
 JUSTIFYING RESTRICTIONS ON PROGRAM ACCESS.
   (VII)  RESTRAINTS  SHALL  NOT  BE  USED  WHEN INCARCERATED PERSONS ARE
 PARTICIPATING IN OUT-OF-CELL ACTIVITIES WITHIN A  RESIDENTIAL  REHABILI-
 TATION  UNIT UNLESS AN INDIVIDUAL ASSESSMENT IS MADE THAT RESTRAINTS ARE
 REQUIRED BECAUSE OF A SIGNIFICANT AND UNREASONABLE RISK  TO  THE  SAFETY
 AND SECURITY OF OTHER INCARCERATED PERSONS OR STAFF.
   (J)  (I)  THE  DEPARTMENT MAY PLACE A PERSON IN SEGREGATED CONFINEMENT
 FOR UP TO THREE CONSECUTIVE DAYS AND NO LONGER  THAN  SIX  DAYS  IN  ANY
 THIRTY  DAY PERIOD IF, PURSUANT TO AN EVIDENTIARY HEARING, IT DETERMINES
 THAT THE PERSON VIOLATED DEPARTMENT RULES  WHICH  PERMIT  A  PENALTY  OF
 SEGREGATED  CONFINEMENT. THE DEPARTMENT MAY NOT PLACE A PERSON IN SEGRE-
 GATED CONFINEMENT FOR LONGER THAN THREE CONSECUTIVE  DAYS  OR  SIX  DAYS
 TOTAL  IN A THIRTY DAY PERIOD UNLESS THE PROVISIONS OF SUBPARAGRAPH (II)
 OF THIS PARAGRAPH ARE MET.
   (II) THE DEPARTMENT MAY  PLACE  A  PERSON  IN  SEGREGATED  CONFINEMENT
 BEYOND THE LIMITS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR IN A RESIDEN-
 TIAL REHABILITATION UNIT ONLY IF, PURSUANT TO AN EVIDENTIARY HEARING, IT
 DETERMINES  BY  WRITTEN  DECISION  THAT  THE PERSON COMMITTED ONE OF THE
 FOLLOWING ACTS AND IF THE COMMISSIONER OR HIS OR HER DESIGNEE DETERMINES
 IN WRITING BASED ON SPECIFIC OBJECTIVE CRITERIA THE ACTS WERE SO HEINOUS
 OR DESTRUCTIVE THAT PLACEMENT OF THE INDIVIDUAL  IN  GENERAL  POPULATION
 HOUSING  CREATES  A SIGNIFICANT RISK OF IMMINENT SERIOUS PHYSICAL INJURY
 TO STAFF OR OTHER INCARCERATED PERSONS, AND CREATES AN UNREASONABLE RISK
 TO THE SECURITY OF THE FACILITY:

 A. 9505--B                         135
 
   (A) CAUSING OR ATTEMPTING TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO
 ANOTHER PERSON OR MAKING AN IMMINENT THREAT  OF  SUCH  SERIOUS  PHYSICAL
 INJURY  OR  DEATH  IF  THE PERSON HAS A HISTORY OF CAUSING SUCH PHYSICAL
 INJURY OR DEATH AND THE COMMISSIONER AND, WHEN APPROPRIATE, THE  COMMIS-
 SIONER  OF  MENTAL  HEALTH  OR THEIR DESIGNEES REASONABLY DETERMINE THAT
 THERE IS A STRONG LIKELIHOOD THAT THE PERSON WILL CARRY OUT SUCH THREAT.
 THE COMMISSIONER OF MENTAL HEALTH  OR  HIS  OR  HER  DESIGNEE  SHALL  BE
 INVOLVED  IN  SUCH  DETERMINATION  IF  THE  PERSON IS OR HAS BEEN ON THE
 MENTAL HEALTH CASELOAD OR APPEARS TO REQUIRE PSYCHIATRIC ATTENTION.  THE
 DEPARTMENT AND THE OFFICE OF MENTAL HEALTH SHALL  PROMULGATE  RULES  AND
 REGULATIONS PERTAINING TO THIS CLAUSE;
   (B)  COMPELLING  OR  ATTEMPTING  TO COMPEL ANOTHER PERSON, BY FORCE OR
 THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT;
   (C) EXTORTING ANOTHER, BY FORCE OR THREAT OF FORCE,  FOR  PROPERTY  OR
 MONEY;
   (D)  COERCING  ANOTHER,  BY  FORCE  OR THREAT OF FORCE, TO VIOLATE ANY
 RULE;
   (E) LEADING, ORGANIZING, INCITING, OR  ATTEMPTING  TO  CAUSE  A  RIOT,
 INSURRECTION, OR OTHER SIMILARLY SERIOUS DISTURBANCE THAT RESULTS IN THE
 TAKING  OF A HOSTAGE, MAJOR PROPERTY DAMAGE, OR PHYSICAL HARM TO ANOTHER
 PERSON;
   (F) PROCURING DEADLY WEAPONS OR OTHER DANGEROUS CONTRABAND THAT  POSES
 A SERIOUS THREAT TO THE SECURITY OF THE INSTITUTION; OR
   (G)  ESCAPING,  ATTEMPTING  TO ESCAPE OR FACILITATING AN ESCAPE FROM A
 FACILITY OR ESCAPING OR ATTEMPTING TO  ESCAPE  WHILE  UNDER  SUPERVISION
 OUTSIDE SUCH FACILITY.
   FOR  PURPOSES  OF THIS SECTION, ATTEMPTING TO CAUSE A SERIOUS DISTURB-
 ANCE OR TO ESCAPE SHALL ONLY BE DETERMINED TO HAVE OCCURRED IF THERE  IS
 A  CLEAR  FINDING  THAT  THE  INMATE  HAD  THE INTENT TO CAUSE A SERIOUS
 DISTURBANCE OR THE INTENT TO ESCAPE AND HAD COMPLETED  SIGNIFICANT  ACTS
 IN  THE  ADVANCEMENT  OF  THE ATTEMPT TO CREATE A SERIOUS DISTURBANCE OR
 ESCAPE. EVIDENCE OF WITHDRAWAL OR ABANDONMENT OF A PLAN TO CAUSE A SERI-
 OUS DISTURBANCE OR TO ESCAPE SHALL NEGATE A FINDING OF INTENT.
   (III) NO PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT OR A  RESIDEN-
 TIAL  REHABILITATION  UNIT  BASED  ON  THE SAME ACT OR INCIDENT THAT WAS
 PREVIOUSLY USED AS THE BASIS FOR SUCH PLACEMENT.
   (IV) NO PERSON MAY BE HELD IN SEGREGATED  CONFINEMENT  FOR  PROTECTIVE
 CUSTODY.  ANY  UNIT  USED  FOR  PROTECTIVE  CUSTODY  MUST, AT A MINIMUM,
 CONFORM TO REQUIREMENTS GOVERNING RESIDENTIAL REHABILITATION UNITS.
   (K) ALL HEARINGS TO DETERMINE IF A PERSON MAY BE PLACED IN  SEGREGATED
 CONFINEMENT  SHALL  OCCUR  PRIOR  TO PLACEMENT IN SEGREGATED CONFINEMENT
 UNLESS A SECURITY SUPERVISOR, WITH WRITTEN APPROVAL OF A FACILITY SUPER-
 INTENDENT OR DESIGNEE, REASONABLY BELIEVES THE PERSON FITS THE SPECIFIED
 CRITERIA FOR SEGREGATED CONFINEMENT IN SUBPARAGRAPH  (II)  OF  PARAGRAPH
 (J)  OF  THIS  SUBDIVISION.  IF  A  HEARING DOES NOT TAKE PLACE PRIOR TO
 PLACEMENT, IT SHALL OCCUR AS SOON AS REASONABLY PRACTICABLE AND AT  MOST
 WITHIN  FIVE  DAYS  OF  SUCH PLACEMENT UNLESS THE CHARGED PERSON SEEKS A
 POSTPONEMENT OF THE HEARING. PERSONS AT SUCH HEARINGS SHALL BE PERMITTED
 TO BE REPRESENTED BY ANY ATTORNEY OR LAW STUDENT, OR BY ANY PARALEGAL OR
 INCARCERATED PERSON UNLESS THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH
 PARALEGAL OR INCARCERATED PERSON BASED UPON OBJECTIVE  WRITTEN  CRITERIA
 DEVELOPED BY THE DEPARTMENT.
   (L)  (I)  ANY  SANCTION  IMPOSED  ON  AN INCARCERATED PERSON REQUIRING
 SEGREGATED CONFINEMENT SHALL RUN WHILE THE PERSON IS  IN  A  RESIDENTIAL
 REHABILITATION  UNIT  AND  THE  PERSON SHALL BE DISCHARGED FROM THE UNIT
 BEFORE OR AT THE TIME SUCH SANCTION EXPIRES. IF  A  PERSON  SUCCESSFULLY

 A. 9505--B                         136
 
 COMPLETES  HIS  OR  HER REHABILITATION PLAN BEFORE THE SANCTION EXPIRES,
 THE PERSON SHALL HAVE A RIGHT TO BE DISCHARGED FROM THE UNIT  UPON  SUCH
 COMPLETION.
   (II) IF AN INCARCERATED PERSON HAS NOT BEEN DISCHARGED FROM A RESIDEN-
 TIAL  REHABILITATION UNIT WITHIN ONE YEAR OF INITIAL ADMISSION TO SUCH A
 UNIT OR IS WITHIN SIXTY DAYS OF A FIXED OR TENTATIVELY APPROVED DATE FOR
 RELEASE FROM A CORRECTIONAL FACILITY, HE OR SHE SHALL HAVE A RIGHT TO BE
 DISCHARGED FROM THE UNIT UNLESS HE OR SHE COMMITTED  AN  ACT  LISTED  IN
 SUBPARAGRAPH  (II) OF PARAGRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR
 ONE HUNDRED EIGHTY DAYS AND HE OR SHE POSES A SIGNIFICANT AND  UNREASON-
 ABLE RISK TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. IN
 ANY  SUCH  CASE THE DECISION NOT TO DISCHARGE SUCH PERSON SHALL BE IMME-
 DIATELY AND AUTOMATICALLY SUBJECTED TO  AN  INDEPENDENT  REVIEW  BY  THE
 COMMISSIONER AND THE COMMISSIONER OF MENTAL HEALTH OR THEIR DESIGNEES. A
 PERSON  MAY  REMAIN IN A RESIDENTIAL REHABILITATION UNIT BEYOND THE TIME
 LIMITS PROVIDED IN THIS SECTION IF BOTH COMMISSIONERS OR BOTH  OF  THEIR
 DESIGNEES  APPROVE  THIS  DECISION.  IN  EXTRAORDINARY  CIRCUMSTANCES, A
 PERSON WHO HAS NOT COMMITTED AN ACT LISTED IN SUBPARAGRAPH (II) OF PARA-
 GRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY  DAYS,
 MAY  REMAIN  IN A RESIDENTIAL REHABILITATION UNIT BEYOND THE TIME LIMITS
 PROVIDED IN THIS SECTION IF BOTH THE COMMISSIONER AND  THE  COMMISSIONER
 OF  MENTAL  HEALTH  PERSONALLY  DETERMINE  THAT SUCH INDIVIDUAL POSES AN
 EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT HARM TO  THE  SAFETY  OR
 SECURITY OF INCARCERATED PERSONS OR STAFF.
   (III)  THERE  SHALL  BE  A MEANINGFUL PERIODIC REVIEW OF THE STATUS OF
 EACH INCARCERATED PERSON IN A RESIDENTIAL REHABILITATION UNIT  AT  LEAST
 EVERY  SIXTY  DAYS  TO ASSESS THE PERSON'S PROGRESS AND DETERMINE IF THE
 PERSON SHOULD BE DISCHARGED  FROM  THE  UNIT.  FOLLOWING  SUCH  PERIODIC
 REVIEW,  IF  THE  PERSON  IS  NOT  DISCHARGED FROM THE UNIT, PROGRAM AND
 MENTAL HEALTH STAFF SHALL SPECIFY IN WRITING THE REASONS FOR THE  DETER-
 MINATION  AND  THE PROGRAM, TREATMENT, SERVICE, AND/OR CORRECTIVE ACTION
 REQUIRED BEFORE DISCHARGE. THE INCARCERATED PERSON SHALL BE GIVEN ACCESS
 TO THE PROGRAMS, TREATMENT AND SERVICES  SPECIFIED,  AND  SHALL  HAVE  A
 RIGHT TO BE DISCHARGED FROM THE RESIDENTIAL REHABILITATION UNIT UPON THE
 SUCCESSFUL FULFILLMENT OF SUCH REQUIREMENTS.
   (IV)  WHEN  AN  INCARCERATED  PERSON  IS DISCHARGED FROM A RESIDENTIAL
 REHABILITATION UNIT, ANY REMAINING  TIME  TO  SERVE  ON  ANY  UNDERLYING
 DISCIPLINARY  SANCTION  SHALL  BE  DISMISSED.  IF AN INCARCERATED PERSON
 SUBSTANTIALLY COMPLETES HIS OR HER REHABILITATION PLAN, HE OR SHE  SHALL
 HAVE  ANY  ASSOCIATED LOSS OF GOOD TIME RESTORED UPON DISCHARGE FROM THE
 UNIT.
   (M) ALL SPECIAL HOUSING UNIT, KEEPLOCK UNIT AND RESIDENTIAL  REHABILI-
 TATION UNIT STAFF AND THEIR SUPERVISORS SHALL UNDERGO A MINIMUM OF THIR-
 TY-SEVEN  HOURS  AND  THIRTY  MINUTES OF TRAINING PRIOR TO ASSIGNMENT TO
 SUCH UNIT, AND TWENTY-ONE HOURS OF ADDITIONAL TRAINING  ANNUALLY  THERE-
 AFTER,  ON  SUBSTANTIVE  CONTENT DEVELOPED IN CONSULTATION WITH RELEVANT
 EXPERTS, ON TOPICS INCLUDING, BUT NOT LIMITED TO, THE PURPOSE AND  GOALS
 OF  THE  NON-PUNITIVE  THERAPEUTIC  ENVIRONMENT,  TRAUMA-INFORMED  CARE,
 RESTORATIVE JUSTICE, AND DISPUTE RESOLUTION METHODS. PRIOR TO  PRESIDING
 OVER ANY HEARINGS, ALL HEARING OFFICERS SHALL UNDERGO A MINIMUM OF THIR-
 TY-SEVEN  HOURS  AND THIRTY MINUTES OF TRAINING, WITH ONE ADDITIONAL DAY
 OF TRAINING ANNUALLY THEREAFTER, ON RELEVANT TOPICS, INCLUDING  BUT  NOT
 LIMITED  TO,  THE  PHYSICAL  AND  PSYCHOLOGICAL  EFFECTS  OF  SEGREGATED
 CONFINEMENT, PROCEDURAL AND DUE  PROCESS  RIGHTS  OF  THE  ACCUSED,  AND
 RESTORATIVE JUSTICE REMEDIES.

 A. 9505--B                         137
 
   (N)  THE DEPARTMENT SHALL PUBLISH MONTHLY REPORTS ON ITS WEBSITE, WITH
 SEMI-ANNUAL AND ANNUAL CUMULATIVE REPORTS, OF THE TOTAL NUMBER OF PEOPLE
 WHO ARE IN SEGREGATED CONFINEMENT AND THE TOTAL NUMBER OF PEOPLE WHO ARE
 IN RESIDENTIAL REHABILITATION UNITS ON THE FIRST DAY OF EACH MONTH.  THE
 REPORTS  SHALL PROVIDE A BREAKDOWN OF THE NUMBER OF PEOPLE IN SEGREGATED
 CONFINEMENT AND IN RESIDENTIAL REHABILITATION UNITS BY:  (I)  AGE;  (II)
 RACE;  (III)  GENDER;  (IV)  MENTAL  HEALTH TREATMENT LEVEL; (V) SPECIAL
 HEALTH ACCOMMODATIONS OR NEEDS;  (VI)  NEED  FOR  AND  PARTICIPATION  IN
 SUBSTANCE  ABUSE  PROGRAMS;  (VII)  PREGNANCY  STATUS; (VIII) CONTINUOUS
 LENGTH OF STAY IN RESIDENTIAL TREATMENT UNITS AS WELL AS LENGTH OF  STAY
 IN  THE  PAST SIXTY DAYS; (IX) NUMBER OF DAYS IN SEGREGATED CONFINEMENT;
 (X) A LIST  OF  ALL  INCIDENTS  RESULTING  IN  SANCTIONS  OF  SEGREGATED
 CONFINEMENT  BY  FACILITY  AND  DATE  OF  OCCURRENCE; (XI) THE NUMBER OF
 INCARCERATED PERSONS IN SEGREGATED CONFINEMENT BY  FACILITY;  AND  (XII)
 THE  NUMBER  OF INCARCERATED PERSONS IN RESIDENTIAL REHABILITATION UNITS
 BY FACILITY.
   § 6. Section 138 of the correction law is  amended  by  adding  a  new
 subdivision 7 to read as follows:
   7.  DE-ESCALATION,  INTERVENTION, INFORMATIONAL REPORTS, AND THE WITH-
 DRAWAL OF INCENTIVES SHALL BE THE PREFERRED  METHODS  OF  RESPONDING  TO
 MISBEHAVIOR  UNLESS  THE  DEPARTMENT  DETERMINES  THAT  NON-DISCIPLINARY
 INTERVENTIONS HAVE FAILED, OR THAT NON-DISCIPLINARY INTERVENTIONS  WOULD
 NOT  SUCCEED  AND THE MISBEHAVIOR INVOLVED AN ACT LISTED IN SUBPARAGRAPH
 (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED  THIRTY-
 SEVEN  OF  THIS ARTICLE, IN WHICH CASE, AS A LAST RESORT, THE DEPARTMENT
 SHALL HAVE THE AUTHORITY TO ISSUE MISBEHAVIOR REPORTS, PURSUE  DISCIPLI-
 NARY  CHARGES,  OR IMPOSE NEW OR ADDITIONAL SEGREGATED CONFINEMENT SANC-
 TIONS.
   § 7. Subdivision 1 of section 401 of the correction law, as amended by
 chapter 1 of the laws of 2008, is amended to read as follows:
   1.  The commissioner, in cooperation with the commissioner  of  mental
 health,  shall establish programs, including but not limited to residen-
 tial mental health treatment units, in such correctional  facilities  as
 he or she may deem appropriate for the treatment of mentally ill inmates
 confined in state correctional facilities who are in need of psychiatric
 services  but  who  do  not require hospitalization for the treatment of
 mental illness. Inmates with serious mental illness shall receive thera-
 py and programming in settings that are appropriate  to  their  clinical
 needs while maintaining the safety and security of the facility.
   THE  CONDITIONS AND SERVICES PROVIDED IN THE RESIDENTIAL MENTAL HEALTH
 TREATMENT UNITS SHALL BE AT LEAST COMPARABLE TO THOSE IN ALL RESIDENTIAL
 REHABILITATION UNITS, AND ALL RESIDENTIAL MENTAL HEALTH TREATMENT  UNITS
 SHALL  BE IN COMPLIANCE WITH ALL PROVISIONS OF PARAGRAPHS (H), (I), (J),
 AND (K) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN  OF  THIS
 CHAPTER. RESIDENTIAL MENTAL HEALTH TREATMENT UNITS THAT ARE EITHER RESI-
 DENTIAL MENTAL HEALTH UNIT MODELS OR BEHAVIORAL HEALTH UNIT MODELS SHALL
 ALSO  BE  IN COMPLIANCE WITH ALL PROVISIONS OF PARAGRAPH (L) OF SUBDIVI-
 SION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER.
   THE RESIDENTIAL MENTAL HEALTH TREATMENT UNITS SHALL ALSO  PROVIDE  THE
 ADDITIONAL MENTAL HEALTH TREATMENT, SERVICES, AND PROGRAMMING DELINEATED
 IN  THIS  SECTION.  The  administration and operation of programs estab-
 lished pursuant to this section shall be the joint responsibility of the
 commissioner of mental health and  the  commissioner.  The  professional
 mental  health  care  personnel,  and  their  administrative and support
 staff, for such programs shall be employees  of  the  office  of  mental
 health. All other personnel shall be employees of the department.

 A. 9505--B                         138
 
   § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401
 of  the  correction  law,  as added by chapter 1 of the laws of 2008, is
 amended to read as follows:
   (i)  In  exceptional  circumstances, a mental health clinician, or the
 highest ranking facility security  supervisor  in  consultation  with  a
 mental  health  clinician  who has interviewed the inmate, may determine
 that an inmate's access to out-of-cell  therapeutic  programming  and/or
 mental  health  treatment  in a residential mental health treatment unit
 presents an unacceptable risk to the safety of inmates  or  staff.  Such
 determination  shall  be  documented in writing and SUCH INMATE SHALL BE
 REMOVED TO A RESIDENTIAL REHABILITATION UNIT THAT IS NOT  A  RESIDENTIAL
 MENTAL  HEALTH  TREATMENT UNIT WHERE alternative mental health treatment
 and/or other therapeutic programming, as determined by a  mental  health
 clinician, shall be provided.
   §  9.  Subdivision 5 of section 401 of the correction law, as added by
 chapter 1 of the laws of 2008, is amended to read as follows:
   5. (a) An inmate in a residential mental health treatment  unit  shall
 not  be  sanctioned  with  segregated  confinement for misconduct on the
 unit, or removed from the unit and placed in segregated confinement OR A
 RESIDENTIAL REHABILITATION UNIT,  except  in  exceptional  circumstances
 where such inmate's conduct poses a significant and unreasonable risk to
 the  safety  of inmates or staff, or to the security of the facility AND
 HE OR SHE HAS BEEN FOUND TO HAVE COMMITTED AN ACT  OR  ACTS  DEFINED  IN
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  (J) OF SUBDIVISION SIX OF SECTION ONE
 HUNDRED THIRTY-SEVEN OF THIS CHAPTER.  Further, in the event that such a
 sanction is imposed, an inmate shall not be required  to  begin  serving
 such sanction until the reviews required by paragraph (b) of this subdi-
 vision  have  been  completed;  provided,  however that in extraordinary
 circumstances where an inmate's conduct poses an immediate  unacceptable
 threat  to  the  safety  of  inmates or staff, or to the security of the
 facility an inmate may be immediately moved to [segregated  confinement]
 A  RESIDENTIAL REHABILITATION UNIT.  The determination that an immediate
 transfer to [segregated confinement] A RESIDENTIAL  REHABILITATION  UNIT
 is  necessary  shall  be  made  by the highest ranking facility security
 supervisor in consultation with a mental health clinician.
   (b) The joint case management committee shall review any  disciplinary
 disposition  imposing  a  sanction of segregated confinement at its next
 scheduled meeting. Such review shall  take  into  account  the  inmate's
 mental  condition  and  safety  and  security  concerns.  The joint case
 management committee may only thereafter recommend the  removal  of  the
 inmate  in  exceptional circumstances where the inmate COMMITS AN ACT OR
 ACTS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF
 SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER AND poses a significant
 and unreasonable risk to the safety of inmates or staff or to the  secu-
 rity of the facility. In the event that the inmate was immediately moved
 to  segregated  confinement,  the  joint  case  management committee may
 recommend that the inmate continue to serve such sanction only in excep-
 tional circumstances where the inmate COMMITS AN ACT OR ACTS DEFINED  IN
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  (J) OF SUBDIVISION SIX OF SECTION ONE
 HUNDRED THIRTY-SEVEN OF THIS CHAPTER AND poses a significant and  unrea-
 sonable risk to the safety of inmates or staff or to the security of the
 facility.  If  a  determination  is  made  that  the inmate shall not be
 required to serve all or any part of the  segregated  confinement  sanc-
 tion,  the  joint case management committee may instead recommend that a
 less restrictive sanction should be imposed. The recommendations made by
 the joint case management committee under this paragraph shall be  docu-

 A. 9505--B                         139
 
 mented  in  writing and referred to the superintendent for review and if
 the superintendent disagrees, the matter shall be referred to the  joint
 central  office review committee for a final determination. The adminis-
 trative  process  described  in this paragraph shall be completed within
 fourteen days. If the result of such process is that an inmate  who  was
 immediately  transferred to [segregated confinement] A RESIDENTIAL REHA-
 BILITATION UNIT should be removed  from  [segregated  confinement]  SUCH
 UNIT,  such  removal shall occur as soon as practicable, and in no event
 longer than seventy-two hours from the completion of the  administrative
 process.
   §  10.  Subdivision 6 of section 401 of the correction law, as amended
 by chapter 20 of the laws of 2016, is amended to read as follows:
   6. The department shall ensure that the curriculum for new  correction
 officers,  and  other  new  department  staff who will regularly work in
 programs providing mental health treatment for inmates, shall include at
 least eight hours of training about the types  and  symptoms  of  mental
 illnesses,  the  goals  of  mental  health  treatment, the prevention of
 suicide and training in how to effectively  and  safely  manage  inmates
 with  mental  illness.  Such  training  may be provided by the office of
 mental health or the justice center for the protection  of  people  with
 special needs. All department staff who are transferring into a residen-
 tial mental health treatment unit shall receive a minimum of eight addi-
 tional  hours  of  such  training, and eight hours of annual training as
 long as they work in such a unit. All security, program services, mental
 health and medical staff with direct inmate contact shall receive train-
 ing each year regarding identification of, and care  for,  inmates  with
 mental  illnesses.  The  department shall provide additional training on
 these topics on an ongoing basis as it deems  appropriate.    ALL  STAFF
 WORKING IN A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT SHALL ALSO RECEIVE
 ALL TRAINING MANDATED IN PARAGRAPH (M) OF SUBDIVISION SIX OF SECTION ONE
 HUNDRED THIRTY-SEVEN OF THIS CHAPTER.
   §  11.  Section 401-a of the correction law is amended by adding a new
 subdivision 4 to read as follows:
   4. THE JUSTICE CENTER SHALL ASSESS THE  DEPARTMENT'S  COMPLIANCE  WITH
 THE  PROVISIONS  OF  SECTIONS  TWO,  ONE  HUNDRED  THIRTY-SEVEN, AND ONE
 HUNDRED THIRTY-EIGHT OF THIS CHAPTER RELATING TO SEGREGATED  CONFINEMENT
 AND RESIDENTIAL REHABILITATION UNITS AND SHALL ISSUE A PUBLIC REPORT, NO
 LESS  THAN ANNUALLY, WITH RECOMMENDATIONS TO THE DEPARTMENT AND LEGISLA-
 TURE, REGARDING ALL ASPECTS OF SEGREGATED  CONFINEMENT  AND  RESIDENTIAL
 REHABILITATION  UNITS IN STATE CORRECTIONAL FACILITIES INCLUDING BUT NOT
 LIMITED TO POLICIES AND PRACTICES CONCERNING: (A) PLACEMENT  OF  PERSONS
 IN  SEGREGATED  CONFINEMENT  AND  RESIDENTIAL  REHABILITATION UNITS; (B)
 SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT IN SUCH UNITS;  (D)  HEAR-
 INGS  AND PROCEDURES; (E) PROGRAMS, TREATMENT AND CONDITIONS OF CONFINE-
 MENT IN SUCH UNITS; AND (F) ASSESSMENTS AND REHABILITATION PLANS, PROCE-
 DURES AND DISCHARGE DETERMINATIONS.
   § 12. Section 45 of the correction law is  amended  by  adding  a  new
 subdivision 18 to read as follows:
   18.  ASSESS COMPLIANCE OF LOCAL CORRECTIONAL FACILITIES WITH THE TERMS
 OF PARAGRAPHS (G), (H), (I), (J), (K), (L), (M) AND (N)  OF  SUBDIVISION
 SIX  OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. THE COMMISSION
 SHALL ISSUE A PUBLIC REPORT REGARDING ALL ASPECTS OF SEGREGATED CONFINE-
 MENT AND RESIDENTIAL REHABILITATION UNITS AT LEAST ANNUALLY WITH  RECOM-
 MENDATIONS  TO LOCAL CORRECTIONAL FACILITIES, THE GOVERNOR, THE LEGISLA-
 TURE, INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES REGARDING: (A)
 PLACEMENT OF PERSONS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME  SPENT

 A. 9505--B                         140
 
 IN  SEGREGATED CONFINEMENT AND RESIDENTIAL TREATMENT UNITS; (D) HEARINGS
 AND PROCEDURES; (E) CONDITIONS, PROGRAMS, SERVICES, CARE, AND TREATMENT;
 AND (F) ASSESSMENTS, REHABILITATION PLANS, AND DISCHARGE PROCEDURES.
   §  13. Section 500-k of the correction law, as amended by chapter 2 of
 the laws of 2008, is amended to read as follows:
   § 500-k. Treatment of inmates. 1. Subdivisions five and six of section
 one hundred thirty-seven of this chapter, except paragraphs (d) and  (e)
 of subdivision six of such section, relating to the treatment of inmates
 in  state  correctional facilities are applicable to inmates confined in
 county jails; except that the report required by paragraph (f) of subdi-
 vision six of such section shall be  made  to  a  person  designated  to
 receive such report in the rules and regulations of the state commission
 of  correction,  or in any county or city where there is a department of
 correction, to the head of such department.
   2. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY,  SUBDIVI-
 SION THIRTY-THREE OF SECTION TWO OF THIS CHAPTER, AND SUBPARAGRAPHS (I),
 (IV)  AND (V) OF PARAGRAPH (I) AND SUBPARAGRAPH (II) OF PARAGRAPH (L) OF
 SUBDIVISION SIX OF SECTION ONE  HUNDRED  THIRTY-SEVEN  OF  THIS  CHAPTER
 SHALL  NOT  APPLY TO LOCAL CORRECTIONAL FACILITIES WITH A TOTAL COMBINED
 CAPACITY OF FIVE HUNDRED INMATES OR FEWER.
   § 14. This act shall take effect one year after it shall have become a
 law.
 
                                  PART UU
 
   Section 1. Section 221.05 of the penal law, as added by chapter 360 of
 the laws of 1977, is amended to read as follows:
 § 221.05 Unlawful possession of marihuana.
   A person is guilty of unlawful possession of marihuana when  he  know-
 ingly and unlawfully possesses marihuana.
   Unlawful  possession  of marihuana is a violation punishable only by a
 fine of not more than one hundred dollars. However, where the  defendant
 has  previously  been  convicted of [an offense] A CRIME defined in this
 article, EXCEPT A CRIME  DEFINED  IN  SECTION  221.10  OF  THIS  ARTICLE
 PROVIDED,  HOWEVER,  THAT  THE RECORD OF SUCH CONVICTION DOES NOT DEMON-
 STRATE A CONVICTION UNDER SUBDIVISION TWO OF  SUCH  SECTION  221.10,  or
 article 220 of this chapter, committed within the three years immediate-
 ly  preceding  such violation, it shall be punishable (a) only by a fine
 of not more than two hundred dollars, if the  defendant  was  previously
 convicted of one such offense committed during such period, and (b) by a
 fine  of  not more than two hundred fifty dollars or a term of imprison-
 ment not in excess of fifteen days or both, if the defendant was  previ-
 ously convicted of two such offenses committed during such period.
   §  2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
 procedure law, as added by chapter 835 of the laws of 1977 and as relet-
 tered by chapter 192 of the laws of 1980, is amended to read as follows:
   (k) (i) The accusatory instrument alleged a violation of  article  two
 hundred  twenty  or section 240.36 of the penal law, prior to the taking
 effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
 violation  of  article two hundred twenty-one of the penal law; (ii) the
 sole  controlled  substance  involved  is  marijuana;  AND   (iii)   the
 conviction  was  only  for a violation or violations[; and (iv) at least
 three years have passed since the offense occurred] OF SECTION 221.10 OF
 THE PENAL LAW PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION DOES
 NOT DEMONSTRATE A CONVICTION  UNDER  SUBDIVISION  TWO  OF  SUCH  SECTION
 221.10,  OR  FOR  A  PETTY  OFFENSE OR OFFENSES.   NO DEFENDANT SHALL BE

 A. 9505--B                         141
 
 REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR SEALING PURSUANT TO  THIS
 PARAGRAPH AS PART OF A PLEA OF GUILTY, SENTENCE OR ANY AGREEMENT RELATED
 TO  A  CONVICTION FOR A VIOLATION OF SECTION 221.05 OR SECTION 221.10 OF
 THE  PENAL LAW AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNEN-
 FORCEABLE.
   § 3. Section 160.50 of the criminal procedure law is amended by adding
 three new subdivisions 5, 6 and 7 to read as follows:
   5. A PERSON CONVICTED OF A VIOLATION OF SECTION 221.10  OF  THE  PENAL
 LAW,  OTHER  THAN  A  CONVICTION  AFTER  TRIAL OF, OR PLEA OF GUILTY TO,
 SUBDIVISION TWO OF SUCH SECTION 221.10, PRIOR TO THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION MAY UPON MOTION APPLY TO THE COURT IN WHICH SUCH TERMI-
 NATION  OCCURRED,  UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE DISTRICT
 ATTORNEY, FOR AN ORDER GRANTING TO SUCH PERSON THE RELIEF SET  FORTH  IN
 SUBDIVISION  ONE OF THIS SECTION, AND SUCH ORDER SHALL BE GRANTED UNLESS
 THE DISTRICT ATTORNEY DEMONSTRATES THAT THE INTERESTS OF JUSTICE REQUIRE
 OTHERWISE.
   6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW EXCEPT  AS  PROVIDED
 IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (E) OF
 SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE
 LAW: (I) WHEN THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  CONDUCTS  A
 SEARCH  OF ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO SUBDIVI-
 SION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND
 RETURNS A REPORT THEREON, ALL REFERENCES TO A CONVICTION FOR A VIOLATION
 OF SECTION 221.10 OF THE PENAL LAW, OTHER THAN A CONVICTION AFTER  TRIAL
 OF,  OR PLEA OF GUILTY TO, SUBDIVISION TWO OF SUCH SECTION 221.10, SHALL
 BE EXCLUDED FROM SUCH REPORT; AND (II) THE CHIEF  ADMINISTRATOR  OF  THE
 COURTS  SHALL DEVELOP AND PROMULGATE RULES AS MAY BE NECESSARY TO ENSURE
 THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD SEARCH
 CONDUCTED BY THE OFFICE OF  COURT  ADMINISTRATION  CONTAINS  INFORMATION
 RELATING  TO A CONVICTION FOR A VIOLATION OF SECTION 221.10 OF THE PENAL
 LAW, OTHER THAN A CONVICTION AFTER TRIAL  OF,  OR  PLEA  OF  GUILTY  TO,
 SUBDIVISION  TWO OF SUCH SECTION 221.10, UNLESS SUCH SEARCH IS CONDUCTED
 SOLELY FOR A BONA FIDE RESEARCH PURPOSE, PROVIDED THAT SUCH INFORMATION,
 IF SO DISSEMINATED, SHALL BE DISSEMINATED IN ACCORDANCE WITH  PROCEDURES
 ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS TO ASSURE THE SECU-
 RITY  AND  PRIVACY  OF  IDENTIFICATION AND INFORMATION DATA, WHICH SHALL
 INCLUDE THE EXECUTION OF AN AGREEMENT WHICH PROTECTS THE CONFIDENTIALITY
 OF THE INFORMATION AND REASONABLY PROTECTS AGAINST DATA LINKAGE TO INDI-
 VIDUALS.
   (B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PERMIT OR
 REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY  THE  DIVISION
 OF  CRIMINAL  JUSTICE  SERVICES OR THE OFFICE OF COURT ADMINISTRATION OF
 CRIMINAL HISTORY RECORD INFORMATION THAT HAS BEEN SEALED  IN  ACCORDANCE
 WITH LAW.
   7.  A  PERSON  CONVICTED OF A VIOLATION OF SECTION 221.05 OF THE PENAL
 LAW SHALL,  ON  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  HAVE  SUCH
 CONVICTION  IMMEDIATELY  SEALED  PURSUANT  TO  SUBDIVISION  ONE  OF THIS
 SECTION IF SUCH CONVICTION OCCURRED LESS THAN THREE YEARS PRIOR TO  SUCH
 EFFECTIVE DATE.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART VV
 
   Section 1. The opening paragraph of subdivision 1 and subdivision 2 of
 section 216.00 of the criminal procedure law, the opening  paragraph  of

 A. 9505--B                         142
 
 subdivision  1 as amended by chapter 90 of the laws of 2014 and subdivi-
 sion 2 as added by section 4 of part AAA of chapter 56 of  the  laws  of
 2009, are amended to read as follows:
   "Eligible defendant" means any person who stands charged in an indict-
 ment  or  a  superior court information with a class B, C, D or E felony
 offense defined in article one hundred seventy-nine, two hundred  twenty
 or  two  hundred  twenty-one  of  the  penal  law, AN OFFENSE DEFINED IN
 SECTIONS 105.10 AND 105.13 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING
 CRIME FOR THE CONSPIRACY CHARGE IS A CLASS B, C, D OR E  FELONY  OFFENSE
 DEFINED  IN  ARTICLE ONE HUNDRED SEVENTY-NINE, TWO HUNDRED TWENTY OR TWO
 HUNDRED TWENTY-ONE OF THE PENAL LAW, AUTO STRIPPING IN THE SECOND DEGREE
 AS DEFINED IN SECTION 165.10 OF THE PENAL LAW,  AUTO  STRIPPING  IN  THE
 FIRST  DEGREE  AS  DEFINED  IN SECTION 165.11 OF THE PENAL LAW, IDENTITY
 THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION  190.79  OF  THE  PENAL
 LAW,  IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 190.80 OF
 THE PENAL LAW, or any other specified offense as defined in  subdivision
 [four]  FIVE  of  section  410.91  of this chapter, provided, however, a
 defendant is not an "eligible defendant" if he or she:
   2. "Alcohol and substance [abuse]  USE  evaluation"  means  a  written
 assessment and report by a court-approved entity or licensed health care
 professional  experienced  in  the  treatment  of  alcohol and substance
 [abuse] USE DISORDER, or by an addiction and substance  abuse  counselor
 credentialed  by  the  office of alcoholism and substance abuse services
 pursuant to section  19.07  of  the  mental  hygiene  law,  which  shall
 include:
   (a) an evaluation as to whether the defendant has a history of alcohol
 or substance [abuse or alcohol or substance dependence] USE DISORDER, as
 such  terms  are  defined  in  the  diagnostic and statistical manual of
 mental disorders, [fourth] FIFTH  edition,  and  a  co-occurring  mental
 disorder  or  mental illness and the relationship between such [abuse or
 dependence] USE and mental disorder or mental illness, if any;
   (b)  a  recommendation  as  to  whether  the  defendant's  alcohol  or
 substance  [abuse  or  dependence]  USE,  if  any,  could be effectively
 addressed by judicial diversion in accordance with this article;
   (c) a recommendation as to the treatment modality, level of  care  and
 length  of any proposed treatment to effectively address the defendant's
 alcohol or substance [abuse or  dependence]  USE  and  any  co-occurring
 mental disorder or illness; and
   (d)  any  other  information,  factor, circumstance, or recommendation
 deemed relevant by the assessing entity or specifically requested by the
 court.
   § 2. The opening paragraph of subdivision 1 of section 216.00  of  the
 criminal  procedure law, as added by section 4 of part AAA of chapter 56
 of the laws of 2009, is amended to read as follows:
   "Eligible defendant" means any person who stands charged in an indict-
 ment or a superior court information with a class B, C, D  or  E  felony
 offense  defined in article two hundred twenty or two hundred twenty-one
 of the penal law, AN OFFENSE DEFINED IN SECTIONS 105.10  AND  105.13  OF
 THE  PENAL  LAW  PROVIDED  THAT  THE UNDERLYING CRIME FOR THE CONSPIRACY
 CHARGE IS A CLASS B, C, D OR E FELONY OFFENSE  DEFINED  IN  ARTICLE  TWO
 HUNDRED  TWENTY  OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, AUTO STRIP-
 PING IN THE SECOND DEGREE AS DEFINED IN SECTION 165.10 OF THE PENAL LAW,
 AUTO STRIPPING IN THE FIRST DEGREE AS DEFINED IN SECTION 165.11  OF  THE
 PENAL  LAW,  IDENTITY  THEFT  IN THE SECOND DEGREE AS DEFINED IN SECTION
 190.79 OF THE PENAL LAW, IDENTITY THEFT IN THE FIRST DEGREE  AS  DEFINED
 IN  SECTION  190.80  OF THE PENAL LAW, or any other specified offense as

 A. 9505--B                         143
 
 defined in subdivision [four] FIVE of section 410.91  of  this  chapter,
 provided,  however,  a defendant is not an "eligible defendant" if he or
 she:
   § 3. Section 216.05 of the criminal procedure law, as added by section
 4  of  part  AAA  of  chapter  56  of the laws of 2009, subdivision 5 as
 amended by chapter 67 of the laws of 2016, subdivision 8 as  amended  by
 chapter  315  of the laws of 2016, and paragraph (a) of subdivision 9 as
 amended by chapter 258 of the laws  of  2015,  is  amended  to  read  as
 follows:
 § 216.05 Judicial diversion program; court procedures.
   1.  At  any  time  after the arraignment of an eligible defendant, but
 prior to the entry of a plea of guilty or the commencement of trial, the
 court at the request of the eligible defendant, may order an alcohol and
 substance [abuse] USE evaluation. An eligible defendant may  decline  to
 participate  in  such  an  evaluation  at  any time. The defendant shall
 provide a written authorization, in compliance with the requirements  of
 any  applicable  state or federal laws, rules or regulations authorizing
 disclosure of the results of the assessment to the defendant's attorney,
 the prosecutor, the local probation department,  the  court,  authorized
 court  personnel  and  other individuals specified in such authorization
 for the sole purpose of determining  whether  the  defendant  should  be
 offered judicial diversion for treatment for substance [abuse or depend-
 ence] USE, alcohol [abuse or dependence] USE and any co-occurring mental
 disorder or mental illness.
   2.  Upon  receipt  of  the completed alcohol and substance [abuse] USE
 evaluation report, the court shall provide a copy of the report  to  the
 eligible defendant and the prosecutor.
   3.  (a) Upon receipt of the evaluation report either party may request
 a hearing on the issue of  whether  the  eligible  defendant  should  be
 offered  alcohol  or  substance  [abuse]  USE treatment pursuant to this
 article. At such a proceeding, which shall be held as soon as  practica-
 ble so as to facilitate early intervention in the event that the defend-
 ant  is  found  to  need alcohol or substance [abuse] USE treatment, the
 court may consider oral and written arguments, may take  testimony  from
 witnesses  offered  by  either  party,  and  may  consider  any relevant
 evidence including, but not limited to, evidence that:
   (i) the defendant had within the preceding ten  years  (excluding  any
 time  during  which the offender was incarcerated for any reason between
 the time of the acts that led to the youthful offender adjudication  and
 the time of commission of the present offense) been adjudicated a youth-
 ful  offender  for:  (A)  a violent felony offense as defined in section
 70.02 of the penal law; or (B) any offense for which a merit time allow-
 ance is not available pursuant to subparagraph (ii) of paragraph (d)  of
 subdivision  one  of  section eight hundred three of the correction law;
 and
   (ii) in the case of a felony offense  defined  in  subdivision  [four]
 FIVE  of  section  410.91  of  this  chapter, OR SECTION 165.09, 165.10,
 190.79 OR 190.80 OF THE PENAL LAW, any statement of or submitted by  the
 victim, as defined in paragraph (a) of subdivision two of section 380.50
 of this chapter.
   (b) Upon completion of such a proceeding, the court shall consider and
 make findings of fact with respect to whether:
   (i)  the  defendant is an eligible defendant as defined in subdivision
 one of section 216.00 of this article;
   (ii) the defendant has a history of alcohol  or  substance  [abuse  or
 dependence] USE;

 A. 9505--B                         144

   (iii)  such  alcohol  or  substance  [abuse  or  dependence]  USE is a
 contributing factor to the defendant's criminal behavior;
   (iv)  the defendant's participation in judicial diversion could effec-
 tively address such [abuse or dependence] USE; and
   (v) institutional confinement of the defendant is or may not be neces-
 sary for the protection of the public.
   4. When an authorized court determines, pursuant to paragraph  (b)  of
 subdivision  three of this section, that an eligible defendant should be
 offered alcohol or substance [abuse] USE treatment, or when the  parties
 and  the court agree to an eligible defendant's participation in alcohol
 or substance [abuse] USE treatment, an eligible defendant may be allowed
 to participate in the judicial diversion program offered by  this  arti-
 cle.  Prior to the court's issuing an order granting judicial diversion,
 the  eligible  defendant  shall be required to enter a plea of guilty to
 the charge or charges; provided, however, that no such guilty plea shall
 be required when:
   (a) the people and the court consent to the entry  of  such  an  order
 without a plea of guilty; or
   (b)  based on a finding of exceptional circumstances, the court deter-
 mines that a plea of guilty shall not be required. For purposes of  this
 subdivision,  exceptional  circumstances  exist  when, regardless of the
 ultimate disposition of the case, the entry of a plea of guilty is like-
 ly to result in severe collateral consequences.
   5. The defendant shall agree on the record or in writing to  abide  by
 the  release  conditions set by the court, which, shall include: partic-
 ipation in a specified period of alcohol or substance [abuse] USE treat-
 ment at a specified program or programs identified by the  court,  which
 may  include periods of detoxification, residential or outpatient treat-
 ment, or both, as determined after taking into account the views of  the
 health care professional who conducted the alcohol and substance [abuse]
 USE evaluation and any health care professionals responsible for provid-
 ing such treatment or monitoring the defendant's progress in such treat-
 ment; and may include: (i) periodic court appearances, which may include
 periodic  urinalysis; (ii) a requirement that the defendant refrain from
 engaging in criminal behaviors; (iii) if the defendant  needs  treatment
 for  opioid [abuse or dependence] USE, that he or she may participate in
 and receive medically prescribed drug treatments under  the  care  of  a
 health  care professional licensed or certified under title eight of the
 education law, acting within  his  or  her  lawful  scope  of  practice,
 provided  that  no  court shall require the use of any specified type or
 brand of drug during the course of medically prescribed drug treatments.
   6. Upon an eligible defendant's agreement to abide by  the  conditions
 set  by  the court, the court shall issue a securing order providing for
 bail or release on the defendant's own recognizance and conditioning any
 release upon the agreed  upon  conditions.  The  period  of  alcohol  or
 substance  [abuse]  USE  treatment shall begin as specified by the court
 and as soon as practicable after the defendant's  release,  taking  into
 account  the availability of treatment, so as to facilitate early inter-
 vention with respect to the defendant's [abuse] USE or condition and the
 effectiveness of the treatment program. In the event  that  a  treatment
 program  is  not immediately available or becomes unavailable during the
 course of  the  defendant's  participation  in  the  judicial  diversion
 program,  the  court  may release the defendant pursuant to the securing
 order.
   7. When participating in judicial diversion treatment pursuant to this
 article, any resident of this state  who  is  covered  under  a  private

 A. 9505--B                         145
 
 health  insurance  policy  or contract issued for delivery in this state
 pursuant to article thirty-two, forty-three or forty-seven of the insur-
 ance law or article forty-four of the  public  health  law,  or  who  is
 covered  by a self-funded plan which provides coverage for the diagnosis
 and treatment of chemical abuse and chemical dependence however  defined
 in  such  policy;  shall  first seek reimbursement for such treatment in
 accordance with the provisions of such policy or contract.
   8. During the period of a defendant's participation  in  the  judicial
 diversion program, the court shall retain jurisdiction of the defendant,
 provided, however, that the court may allow such defendant to (i) reside
 in  another  jurisdiction,  or (ii) participate in alcohol and substance
 [abuse] USE treatment and other programs in the jurisdiction  where  the
 defendant resides or in any other jurisdiction, while participating in a
 judicial  diversion program under conditions set by the court and agreed
 to by the defendant pursuant  to  subdivisions  five  and  six  of  this
 section.  The  court may require the defendant to appear in court at any
 time to enable the court to monitor the defendant's progress in  alcohol
 or  substance  [abuse]  USE  treatment.  The court shall provide notice,
 reasonable under the circumstances, to the people, the treatment provid-
 er, the defendant and the defendant's  counsel  whenever  it  orders  or
 otherwise  requires the appearance of the defendant in court. Failure to
 appear as required without reasonable cause therefor shall constitute  a
 violation of the conditions of the court's agreement with the defendant.
   9.  (a)  If  at  any  time during the defendant's participation in the
 judicial diversion program, the court has reasonable grounds to  believe
 that  the  defendant  has  violated a release condition or has failed to
 appear before the court as requested, the court shall direct the defend-
 ant to appear or issue a bench warrant to a police officer or an  appro-
 priate  peace  officer  directing  him or her to take the defendant into
 custody and bring the defendant before  the  court  without  unnecessary
 delay;  provided, however, that under no circumstances shall a defendant
 who requires treatment for opioid [abuse or dependence] USE be deemed to
 have violated a release condition on the basis of  his  or  her  partic-
 ipation  in  medically  prescribed  drug  treatments under the care of a
 health care professional licensed or certified under title eight of  the
 education  law,  acting within his or her lawful scope of practice.  The
 provisions of subdivision one of section 530.60 of this chapter relating
 to revocation of recognizance or bail shall apply  to  such  proceedings
 under this subdivision.
   (b)  In determining whether a defendant violated a condition of his or
 her release under the judicial diversion program, the court may  conduct
 a  summary hearing consistent with due process and sufficient to satisfy
 the court that the defendant has, in fact, violated the condition.
   (c) If the court determines that the defendant has violated  a  condi-
 tion  of  his  or  her release under the judicial diversion program, the
 court may modify the conditions thereof, reconsider the order of  recog-
 nizance  or  bail  pursuant to subdivision two of section 510.30 of this
 chapter, or terminate the  defendant's  participation  in  the  judicial
 diversion  program;  and  when  applicable  proceed with the defendant's
 sentencing  in  accordance  with  the  agreement.  Notwithstanding   any
 provision  of  law  to  the  contrary, the court may impose any sentence
 authorized for the crime of  conviction  in  accordance  with  the  plea
 agreement,  or  any lesser sentence authorized to be imposed on a felony
 drug offender pursuant to paragraph (b) or (c)  of  subdivision  two  of
 section  70.70  of  the penal law taking into account the length of time
 the defendant spent in residential treatment and how  best  to  continue

 A. 9505--B                         146
 
 treatment  while  the defendant is serving that sentence. In determining
 what action to take for a violation of a release  condition,  the  court
 shall  consider  all  relevant circumstances, including the views of the
 prosecutor,  the defense and the alcohol or substance [abuse] USE treat-
 ment provider, and the extent to which persons who  ultimately  success-
 fully  complete  a  drug  treatment  regimen  sometimes  relapse  by not
 abstaining from alcohol or substance [abuse] USE or by failing to comply
 fully with all requirements imposed by a treatment  program.  The  court
 shall  also  consider  using  a  system  of  graduated  and  appropriate
 responses or sanctions designed to address such inappropriate behaviors,
 protect  public  safety  and  facilitate,  where  possible,   successful
 completion of the alcohol or substance [abuse] USE treatment program.
   (d)  Nothing  in  this  subdivision shall be construed as preventing a
 court from terminating  a  defendant's  participation  in  the  judicial
 diversion  program  for violating a release condition when such a termi-
 nation is necessary to preserve public safety.  Nor  shall  anything  in
 this subdivision be construed as precluding the prosecution of a defend-
 ant for the commission of a different offense while participating in the
 judicial diversion program.
   (e) A defendant may at any time advise the court that he or she wishes
 to  terminate  participation in the judicial diversion program, at which
 time the court shall proceed with the case and, where applicable,  shall
 impose  sentence  in accordance with the plea agreement. Notwithstanding
 any provision of law to the contrary, the court may impose any  sentence
 authorized  for  the  crime  of  conviction  in accordance with the plea
 agreement, or any lesser sentence authorized to be imposed on  a  felony
 drug  offender  pursuant  to  paragraph (b) or (c) of subdivision two of
 section 70.70 of the penal law taking into account the  length  of  time
 the  defendant  spent  in residential treatment and how best to continue
 treatment while the defendant is serving that sentence.
   10. Upon the court's determination that the defendant has successfully
 completed the required period of alcohol or substance [abuse] USE treat-
 ment and has otherwise satisfied the conditions required for  successful
 completion  of  the  judicial  diversion program, the court shall comply
 with the terms and conditions it  set  for  final  disposition  when  it
 accepted the defendant's agreement to participate in the judicial diver-
 sion  program. Such disposition may include, but is not limited to:  (a)
 requiring the defendant to undergo a period of interim probation  super-
 vision  and,  upon  the defendant's successful completion of the interim
 probation supervision term, notwithstanding the provision of  any  other
 law,  permitting  the  defendant  to withdraw his or her guilty plea and
 dismissing the indictment; or (b) requiring the defendant to  undergo  a
 period  of interim probation supervision and, upon successful completion
 of the interim probation supervision term, notwithstanding the provision
 of any other law, permitting the defendant to withdraw his or her guilty
 plea, enter a guilty plea to a misdemeanor offense  and  sentencing  the
 defendant  as promised in the plea agreement, which may include a period
 of probation supervision pursuant to section 65.00 of the penal law;  or
 (c)  allowing  the  defendant  to  withdraw  his  or her guilty plea and
 dismissing the indictment.
   11. Nothing in this article  shall  be  construed  as  restricting  or
 prohibiting  courts or district attorneys from using other lawful proce-
 dures  or  models  for  placing  appropriate  persons  into  alcohol  or
 substance [abuse] USE treatment.
   § 4. This act shall take effect immediately; provided, that the amend-
 ments to the opening paragraph of subdivision 1 of section 216.00 of the

 A. 9505--B                         147
 
 criminal  procedure law made by section one of this act shall be subject
 to the expiration and reversion of such paragraph pursuant to section 12
 of chapter 90 of the laws of 2014, as amended, when upon such  date  the
 provisions of section two of this act shall take effect.
 
                                  PART WW
 
   Section  1. The executive law is amended by adding a new section 837-t
 to read as follows:
   § 837-T. ETHNIC AND RACIAL PROFILING. 1.  FOR  THE  PURPOSES  OF  THIS
 SECTION:
   (A)  "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE STATE
 OR A UNIT OF LOCAL GOVERNMENT ENGAGED IN THE PREVENTION,  DETECTION,  OR
 INVESTIGATION OF VIOLATIONS OF CRIMINAL LAW.
   (B) "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER,
 AS  DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW, EMPLOYED BY A LAW ENFORCEMENT AGENCY.
   (C) "RACIAL OR ETHNIC PROFILING" MEANS THE PRACTICE OF A LAW  ENFORCE-
 MENT  AGENT  OR  AGENCY,  RELYING, TO ANY DEGREE, ON ACTUAL OR PERCEIVED
 RACE, COLOR, ETHNICITY, NATIONAL ORIGIN OR RELIGION IN  SELECTING  WHICH
 INDIVIDUAL OR LOCATION TO SUBJECT TO ROUTINE OR SPONTANEOUS INVESTIGATO-
 RY  ACTIVITIES  OR  IN  DECIDING  UPON  THE  SCOPE  AND SUBSTANCE OF LAW
 ENFORCEMENT ACTIVITY  FOLLOWING  THE  INITIAL  INVESTIGATORY  PROCEDURE,
 EXCEPT  WHEN  THERE IS TRUSTWORTHY INFORMATION, RELEVANT TO THE LOCALITY
 AND TIMEFRAME, THAT LINKS A SPECIFIC PERSON OR LOCATION WITH  A  PARTIC-
 ULAR  CHARACTERISTIC DESCRIBED IN THIS PARAGRAPH TO AN IDENTIFIED CRIMI-
 NAL INCIDENT OR SCHEME.
   (D)  "ROUTINE  OR  SPONTANEOUS  INVESTIGATORY  ACTIVITIES"  MEANS  THE
 FOLLOWING ACTIVITIES BY A LAW ENFORCEMENT AGENT:
   (I) INTERVIEWS;
   (II) TRAFFIC STOPS;
   (III) PEDESTRIAN STOPS;
   (IV) FRISKS AND OTHER TYPES OF BODY SEARCHES;
   (V)  CONSENSUAL  OR  NONCONSENSUAL  SEARCHES  OF  PERSONS, PROPERTY OR
 POSSESSIONS (INCLUDING VEHICLES) OF INDIVIDUALS;
   (VI) DATA COLLECTION AND ANALYSIS, ASSESSMENTS AND INVESTIGATIONS; AND
   (VII) INSPECTIONS AND INTERVIEWS.
   2. EVERY LAW ENFORCEMENT AGENCY  AND  EVERY  LAW  ENFORCEMENT  OFFICER
 SHALL BE PROHIBITED FROM ENGAGING IN RACIAL OR ETHNIC PROFILING.
   3.  EVERY  LAW ENFORCEMENT AGENCY SHALL PROMULGATE AND ADOPT A WRITTEN
 POLICY WHICH PROHIBITS RACIAL OR ETHNIC  PROFILING.  IN  ADDITION,  EACH
 SUCH AGENCY SHALL PROMULGATE AND ADOPT PROCEDURES FOR THE REVIEW AND THE
 TAKING  OF  CORRECTIVE  ACTION WITH RESPECT TO COMPLAINTS BY INDIVIDUALS
 WHO ALLEGE THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR  ETHNIC  PROFIL-
 ING. A COPY OF EACH SUCH COMPLAINT RECEIVED PURSUANT TO THIS SECTION AND
 WRITTEN  NOTIFICATION  OF  THE  REVIEW AND DISPOSITION OF SUCH COMPLAINT
 SHALL BE PROMPTLY PROVIDED BY SUCH AGENCY TO THE DIVISION.
   4.  EACH LAW ENFORCEMENT AGENCY SHALL, USING A FORM TO  BE  DETERMINED
 BY  THE  DIVISION,  RECORD  AND  RETAIN  THE  FOLLOWING INFORMATION WITH
 RESPECT TO LAW ENFORCEMENT OFFICERS EMPLOYED BY SUCH AGENCY:
   (A) THE NUMBER OF PERSONS STOPPED AS A RESULT OF A MOTOR VEHICLE  STOP
 FOR  TRAFFIC VIOLATIONS AND THE NUMBER OF PERSONS STOPPED AS A RESULT OF
 A ROUTINE OR SPONTANEOUS LAW ENFORCEMENT ACTIVITY  AS  DEFINED  IN  THIS
 SECTION;
   (B)  THE CHARACTERISTICS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN OR
 RELIGION OF EACH SUCH PERSON, PROVIDED THE IDENTIFICATION OF SUCH  CHAR-

 A. 9505--B                         148
 
 ACTERISTICS  SHALL  BE  BASED  ON  THE OBSERVATION AND PERCEPTION OF THE
 OFFICER RESPONSIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT
 BE REQUIRED TO BE PROVIDED BY THE PERSON STOPPED;
   (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
 MOTOR VEHICLE;
   (D)  THE  NATURE OF THE ALLEGED VIOLATION THAT RESULTED IN THE STOP OR
 THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING STOPPED;
   (E) WHETHER A PAT DOWN OR FRISK WAS CONDUCTED AND, IF SO,  THE  RESULT
 OF THE PAT DOWN OR FRISK;
   (F)  WHETHER  A  SEARCH  WAS  CONDUCTED  AND, IF SO, THE RESULT OF THE
 SEARCH;
   (G) IF A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A  PERSON,  A
 PERSON'S PROPERTY, AND/OR A PERSON'S VEHICLE, AND WHETHER THE SEARCH WAS
 CONDUCTED  PURSUANT  TO CONSENT AND IF NOT, THE BASIS FOR CONDUCTING THE
 SEARCH INCLUDING  ANY  ALLEGED  CRIMINAL  BEHAVIOR  THAT  JUSTIFIED  THE
 SEARCH;
   (H) WHETHER AN INVENTORY SEARCH OF SUCH PERSON'S IMPOUNDED VEHICLE WAS
 CONDUCTED;
   (I) WHETHER A WARNING OR CITATION WAS ISSUED;
   (J) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE OR CHARGES;
   (K) THE APPROXIMATE DURATION OF THE STOP; AND
   (L) THE TIME AND LOCATION OF THE STOP.
   5.  EVERY  LAW  ENFORCEMENT  AGENCY  SHALL COMPILE THE INFORMATION SET
 FORTH IN SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR  INTO  A
 REPORT TO THE DIVISION. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY
 THE  DIVISION.  THE  REPORT  SHALL BE SUBMITTED TO THE DIVISION NO LATER
 THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR.
   6.  THE DIVISION, IN CONSULTATION WITH  THE  ATTORNEY  GENERAL,  SHALL
 DEVELOP AND PROMULGATE:
   (A)  A  FORM  IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY LAW
 ENFORCEMENT OFFICERS TO RECORD THE  INFORMATION  LISTED  IN  SUBDIVISION
 FOUR OF THIS SECTION; AND
   (B)  A  FORM  TO  BE USED TO REPORT COMPLAINTS PURSUANT TO SUBDIVISION
 THREE OF  THIS  SECTION  BY  INDIVIDUALS  WHO  BELIEVE  THEY  HAVE  BEEN
 SUBJECTED TO RACIAL OR ETHNIC PROFILING.
   7.  EVERY  LAW ENFORCEMENT AGENCY SHALL PROMPTLY MAKE AVAILABLE TO THE
 ATTORNEY GENERAL, UPON DEMAND AND NOTICE, THE DOCUMENTS REQUIRED  TO  BE
 PRODUCED  AND  PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR AND FIVE
 OF THIS SECTION.
   8. EVERY LAW ENFORCEMENT AGENCY  SHALL  FURNISH  ALL  DATA/INFORMATION
 COLLECTED  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION TO THE DIVISION.
 THE DIVISION SHALL DEVELOP AND IMPLEMENT A PLAN FOR A COMPUTERIZED  DATA
 SYSTEM  FOR  PUBLIC  VIEWING  OF  SUCH  DATA AND SHALL PUBLISH AN ANNUAL
 REPORT ON DATA COLLECTED FOR THE  GOVERNOR,  THE  LEGISLATURE,  AND  THE
 PUBLIC  ON  LAW ENFORCEMENT STOPS. INFORMATION RELEASED SHALL NOT REVEAL
 THE IDENTITY OF ANY INDIVIDUAL.
   9. THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF  OF  THE  PEOPLE
 FOR  INJUNCTIVE  RELIEF  AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY
 THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING
 IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD
 COSTS AND REASONABLE ATTORNEY FEES TO THE ATTORNEY GENERAL WHO  PREVAILS
 IN SUCH AN ACTION.
   10.  IN  ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVISION
 NINE OF THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF  AN  ACT
 OR  ACTS  OF  RACIAL PROFILING MAY BRING AN ACTION FOR INJUNCTIVE RELIEF
 AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY THAT IS  ENGAGED  IN  OR

 A. 9505--B                         149
 
 HAS  ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING.  THE COURT MAY AWARD
 COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS  IN  SUCH
 AN ACTION.
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO-
 GATING  ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO HAS
 BEEN SUBJECT TO RACIAL OR ETHNIC PROFILING  MAY  HAVE  PURSUANT  TO  ANY
 OTHER PROVISION OF LAW.
   § 2.  This act shall take effect immediately; provided that:
   1.  the  provisions of subdivision 4 of section 837-t of the executive
 law as added by section one of this act shall take effect on the nineti-
 eth day after it shall have become a law; and
   2. the provisions of subdivision 6 of section 837-t of  the  executive
 law  as added by section one of this act shall take effect on the sixti-
 eth day after it shall have become a law.
 
                                  PART XX
 
   Section 1.  Paragraph (d) of subdivision 3 of section  190.25  of  the
 criminal  procedure law is amended and a new paragraph (a-1) is added to
 read as follows:
   (A-1) A JUDGE OR JUSTICE OF THE SUPERIOR COURT;
   (d) An interpreter. Upon request of the grand jury OR THE  COURT,  the
 prosecutor must provide an interpreter to interpret the testimony of any
 witness who does not speak the English language well enough to be readi-
 ly  understood.  Such  interpreter must, if he OR SHE has not previously
 taken the constitutional oath of office, first take an oath  before  the
 grand jury that he OR SHE will faithfully interpret the testimony of the
 witness  and  that  he  OR  SHE will keep secret all matters before such
 grand jury within his OR HER knowledge;
   § 2. Subdivision 4 of section 190.25 of the criminal procedure law  is
 amended  by adding six new paragraphs (c), (d), (e), (f), (g) and (h) to
 read as follows:
   (C) IN ADDITION TO PARAGRAPHS (A) AND (B) OF THIS  SUBDIVISION,  WHEN,
 FOLLOWING  SUBMISSION  TO  A GRAND JURY OF A CRIMINAL CHARGE OR CHARGES,
 THE GRAND JURY DISMISSES ALL CHARGES PRESENTED OR DIRECTS  THE  DISTRICT
 ATTORNEY  TO  FILE  IN A LOCAL CRIMINAL COURT A PROSECUTOR'S INFORMATION
 CHARGING AN OFFENSE OTHER THAN A FELONY, AS PROVIDED IN SUBDIVISION  ONE
 OF  SECTION  190.70  OF  THIS ARTICLE, AN APPLICATION MAY BE MADE TO THE
 SUPERIOR COURT FOR DISCLOSURE OF THE FOLLOWING MATERIAL RELATING TO  THE
 PROCEEDINGS BEFORE SUCH GRAND JURY:
   (I) THE CRIMINAL CHARGE OR CHARGES SUBMITTED;
   (II) THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY;
   (III)  THE  TESTIMONY OF ALL PUBLIC SERVANTS WHO TESTIFIED IN AN OFFI-
 CIAL CAPACITY BEFORE THE GRAND JURY AND  OF  ALL  PERSONS  WHO  PROVIDED
 EXPERT TESTIMONY; AND
   (IV) THE TESTIMONY OF ALL OTHER PERSONS WHO TESTIFIED BEFORE THE GRAND
 JURY, REDACTED AS NECESSARY TO PREVENT DISCOVERY OF THEIR NAMES AND SUCH
 OTHER  PERSONAL  DATA  OR  INFORMATION THAT MAY REVEAL OR HELP TO REVEAL
 THEIR IDENTITIES.
   (D) THE APPLICATION SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION MAY
 BE MADE BY ANY PERSON, MUST BE IN WRITING AND, EXCEPT WHERE MADE BY  THE
 PEOPLE,  MUST  BE  UPON  NOTICE TO THE PEOPLE. THE COURT SHALL DIRECT OR
 PROVIDE NOTICE TO ANY OTHER APPROPRIATE PERSON  OR  AGENCY.  WHERE  MORE
 THAN  ONE  APPLICATION IS MADE HEREUNDER IN RELATION TO SUCH A DISMISSAL
 OR DIRECTION, THE COURT MAY CONSOLIDATE SUCH APPLICATIONS AND  DETERMINE
 THEM TOGETHER. WHEN NO APPLICATION HEREUNDER IS MADE, THE SUPERIOR COURT

 A. 9505--B                         150
 
 MAY  ORDER  DISCLOSURE ON ITS OWN MOTION AS PROVIDED IN PARAGRAPH (E) OF
 THIS SUBDIVISION AT ANY TIME FOLLOWING  NOTICE  TO  THE  PEOPLE  AND  AN
 OPPORTUNITY  TO BE HEARD AND REASONABLE EFFORTS TO NOTIFY AND PROVIDE AN
 OPPORTUNITY TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR AGENCY.
   (E)  UPON AN APPLICATION AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVI-
 SION OR ON THE COURT'S OWN MOTION, THE COURT,  AFTER  PROVIDING  PERSONS
 GIVEN NOTICE AN OPPORTUNITY TO BE HEARD, SHALL DETERMINE WHETHER:
   (I) A SIGNIFICANT NUMBER OF MEMBERS OF THE GENERAL PUBLIC IN THE COUN-
 TY IN WHICH THE GRAND JURY WAS DRAWN AND IMPANELED ARE LIKELY AWARE THAT
 A  CRIMINAL  INVESTIGATION  HAD  BEEN  CONDUCTED  IN CONNECTION WITH THE
 SUBJECT MATTER OF THE GRAND JURY PROCEEDING; AND
   (II) A SIGNIFICANT NUMBER OF MEMBERS OF THE  GENERAL  PUBLIC  IN  SUCH
 COUNTY  ARE LIKELY AWARE OF THE IDENTITY OF THE SUBJECT AGAINST WHOM THE
 CRIMINAL CHARGE SPECIFIED IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION  WAS
 SUBMITTED TO A GRAND JURY, OR SUCH SUBJECT HAS CONSENTED TO SUCH DISCLO-
 SURE; AND
   (III) THERE IS SIGNIFICANT PUBLIC INTEREST IN DISCLOSURE.
   WHERE THE COURT IS SATISFIED THAT ALL THREE OF THESE FACTORS ARE PRES-
 ENT,  AND  EXCEPT  AS PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVISION, THE
 COURT SHALL DIRECT THE DISTRICT ATTORNEY TO PROMPTLY DISCLOSE THE  ITEMS
 SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (F)  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS SUBDIVISION, ON
 APPLICATION OF THE DISTRICT ATTORNEY OR ANY INTERESTED PERSON, OR ON ITS
 OWN MOTION, THE COURT SHALL LIMIT DISCLOSURE OF THE ITEMS  SPECIFIED  IN
 PARAGRAPH  (C)  OF  THIS  SUBDIVISION, IN WHOLE OR PART, WHERE THE COURT
 DETERMINES THERE IS A REASONABLE LIKELIHOOD  THAT  SUCH  DISCLOSURE  MAY
 LEAD TO DISCOVERY OF THE IDENTITY OF A WITNESS WHO IS NOT A PUBLIC SERV-
 ANT OR EXPERT WITNESS, IMPERIL THE HEALTH OR SAFETY OF A GRAND JUROR WHO
 PARTICIPATED  IN  THE  PROCEEDING  OR  A WITNESS WHO APPEARED BEFORE THE
 GRAND JURY, JEOPARDIZE AN IDENTIFIED CURRENT OR FUTURE CRIMINAL INVESTI-
 GATION, CREATE A SPECIFIC THREAT TO PUBLIC SAFETY, OR DESPITE THE INTER-
 ESTS REFLECTED BY THIS SUBDIVISION  IS  CONTRARY  TO  THE  INTERESTS  OF
 JUSTICE.
   (G)  WHERE A COURT DETERMINES NOT TO DIRECT DISCLOSURE, IN WHOLE OR IN
 PART, PURSUANT TO THIS SUBDIVISION, IT SHALL DO SO PROMPTLY IN A WRITTEN
 ORDER THAT SHALL EXPLAIN WITH SPECIFICITY, TO  THE  EXTENT  PRACTICABLE,
 THE BASIS FOR ITS DETERMINATION.
   (H)  NOTHING IN THIS PARAGRAPH OR PARAGRAPHS (C), (D), (E), (F) OR (G)
 OF THIS SUBDIVISION SHALL BE INTERPRETED AS LIMITING OR RESTRICTING  ANY
 BROADER  RIGHT  OF  ACCESS  TO GRAND JURY MATERIALS UNDER ANY OTHER LAW,
 COMMON LAW OR COURT PRECEDENT.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART YY
 
   Section  1.  The executive law is amended by adding a new section 70-b
 to read as follows:
   § 70-B. OFFICE OF SPECIAL INVESTIGATION.   1. THERE  SHALL  BE  ESTAB-
 LISHED  WITHIN  THE DEPARTMENT OF LAW AN OFFICE OF SPECIAL INVESTIGATION
 WHICH SHALL INVESTIGATE AND, IF WARRANTED, PROSECUTE ANY ALLEGED  CRIMI-
 NAL OFFENSE OR OFFENSES COMMITTED BY A PERSON WHO IS 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, CONCERNING THE DEATH,  OR
 THE  INVESTIGATION OF THE DEATH, OF ANY PERSON WHERE SUCH DEATH RESULTED

 A. 9505--B                         151
 
 FROM OR POTENTIALLY RESULTED FROM ANY ENCOUNTER WITH SUCH POLICE OFFICER
 OR PEACE OFFICER, WHETHER OR NOT SUCH PERSON WAS IN CUSTODY. THE  OFFICE
 SHALL HAVE THE POWERS AND DUTIES SPECIFIED IN SUBDIVISIONS TWO AND EIGHT
 OF SECTION SIXTY-THREE OF THIS ARTICLE FOR PURPOSES OF THIS SECTION, AND
 SHALL  POSSESS  AND  EXERCISE  ALL THE PROSECUTORIAL POWERS NECESSARY TO
 INVESTIGATE AND, IF WARRANTED, PROSECUTE SUCH OFFENSES, PROVIDED, HOWEV-
 ER, THAT APPROVAL, DIRECTION OR  REQUIREMENT  OF  THE  GOVERNOR  AS  MAY
 OTHERWISE  BE  REQUIRED  BY SUCH SUBDIVISIONS SHALL NOT BE REQUIRED. THE
 JURISDICTION OF THE OFFICE OF SPECIAL INVESTIGATION SHALL  DISPLACE  AND
 SUPERSEDE  IN  ALL  WAYS  THE  AUTHORITY  AND JURISDICTION OF THE COUNTY
 DISTRICT  ATTORNEY  FOR  THE  INVESTIGATION  AND  PROSECUTION  OF   SUCH
 OFFENSES.  IN  ANY  INVESTIGATION  AND PROSECUTION CONDUCTED PURSUANT TO
 THIS SECTION, THE DISTRICT ATTORNEY SHALL ONLY EXERCISE SUCH POWERS  AND
 PERFORM SUCH DUTIES AS DESIGNATED TO HIM OR HER BY THE OFFICE OF SPECIAL
 INVESTIGATION. THE OFFICE OF SPECIAL INVESTIGATION WITHIN THE DEPARTMENT
 OF  LAW  SHALL BE HEADED BY THE DEPUTY ATTORNEY GENERAL APPOINTED BY THE
 ATTORNEY GENERAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   2. (A) IN ANY INVESTIGATION AND  PROSECUTION  UNDERTAKEN  PURSUANT  TO
 THIS  SECTION, THE OFFICE OF SPECIAL INVESTIGATION SHALL CONDUCT A FULL,
 REASONED, AND INDEPENDENT INVESTIGATION INCLUDING, BUT NOT  LIMITED  TO:
 (I)  GATHERING  AND  ANALYZING  EVIDENCE; (II) CONDUCTING WITNESS INTER-
 VIEWS; AND (III) REVIEWING AND COMMISSIONING ANY NECESSARY INVESTIGATIVE
 AND SCIENTIFIC REPORTS, AND REVIEWING AUDIO AND VIDEO RECORDINGS.
   (B) IN ALL MATTERS PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,  THE
 DEPUTY ATTORNEY GENERAL, APPOINTED PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION, MAY APPEAR IN PERSON OR BY ANY ASSISTANT ATTORNEY GENERAL HE OR
 SHE  MAY DESIGNATE BEFORE ANY COURT OR GRAND JURY IN THE STATE AND EXER-
 CISE ALL OF THE POWERS AND PERFORM ALL OF THE  DUTIES  WITH  RESPECT  TO
 SUCH  ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE
 BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM.
   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  ATTORNEY  GENERAL
 SHALL, WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY, FIX HIS OR
 HER  COMPENSATION,  AND AT HIS OR HER PLEASURE REMOVE, A DEPUTY ATTORNEY
 GENERAL IN CHARGE OF THE OFFICE OF SPECIAL INVESTIGATION.  THE  ATTORNEY
 GENERAL  MAY, AND WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY,
 AND AT PLEASURE REMOVE, SUCH ASSISTANT DEPUTIES, INVESTIGATORS AND OTHER
 PERSONS AS HE OR SHE DEEMS NECESSARY, DETERMINE  THEIR  DUTIES  AND  FIX
 THEIR COMPENSATION.
   4.  (A) WHERE AN INVESTIGATION OR PROSECUTION OF THE TYPE DESCRIBED IN
 SUBDIVISION ONE OF THIS SECTION INVOLVES ACTS THAT APPEAR TO  HAVE  BEEN
 ENGAGED IN BY A POLICE OFFICER OR PEACE OFFICER EMPLOYED BY THE STATE OF
 NEW  YORK, THE ATTORNEY GENERAL SHALL PROMPTLY APPLY TO A SUPERIOR COURT
 IN THE COUNTY IN WHICH SUCH ACTS ALLEGEDLY OCCURRED FOR THE  APPOINTMENT
 OF  AN INDEPENDENT COUNSEL TO INVESTIGATE AND POTENTIALLY PROSECUTE SUCH
 MATTER. NOTWITHSTANDING THE PROVISIONS OF  ANY  OTHER  LAW,  SUCH  COURT
 SHALL  THEREUPON  APPOINT  A  QUALIFIED AND EXPERIENCED ATTORNEY AT LAW,
 CAPABLE OF INVESTIGATING AND PROSECUTING SUCH MATTER, NOT EMPLOYED AS  A
 DISTRICT  ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY OR ASSISTANT ATTORNEY
 GENERAL, AND HAVING NO PERSONAL OR PROFESSIONAL CONFLICTS  OF  INTEREST,
 TO  ACT  AS  AN  INDEPENDENT  COUNSEL  WITH RESPECT TO SUCH MATTER, AT A
 REASONABLE AND APPROPRIATE HOURLY RATE TO BE SET BY SUCH COURT.
   (B) THE ATTORNEY GENERAL SHALL PROMPTLY NOTIFY THE STATE  COMPTROLLER,
 THE  COURT  AND  THE  PUBLIC  WHEN  SUCH  APPOINTMENT  HAS BEEN MADE AND
 ACCEPTED BY SUCH ATTORNEY.  REASONABLE FEES FOR ATTORNEYS  AND  INVESTI-
 GATION  AND  LITIGATION  EXPENSES  SHALL  BE  PAID  BY THE STATE TO SUCH
 PRIVATE COUNSEL FROM TIME TO TIME DURING THE PENDENCY  OF  THE  INVESTI-

 A. 9505--B                         152
 
 GATION AND ANY PROSECUTION AND APPEAL, UPON THE AUDIT AND WARRANT OF THE
 COMPTROLLER.  ANY  DISPUTE  WITH RESPECT TO THE PAYMENT OF SUCH FEES AND
 EXPENSES SHALL BE RESOLVED BY THE COURT UPON  MOTION  OR  BY  WAY  OF  A
 SPECIAL PROCEEDING.
   (C)  IN  ALL  MATTERS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
 INDEPENDENT COUNSEL APPOINTED PURSUANT TO THIS SUBDIVISION SHALL POSSESS
 AND EXERCISE THE POWERS AND DUTIES OF THE  OFFICE  OF  SPECIAL  INVESTI-
 GATION  PURSUANT  TO  SUBDIVISIONS  ONE AND TWO OF THIS SECTION, AND MAY
 APPEAR IN PERSON OR BY ANY ASSISTANT INDEPENDENT COUNSEL HE OR  SHE  MAY
 DESIGNATE  BEFORE  ANY COURT OR GRAND JURY IN THE STATE AND EXERCISE ALL
 OF THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS
 OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED
 OR REQUIRED TO EXERCISE OR PERFORM.
   5. (A) WITH RESPECT TO ANY INVESTIGATION PURSUANT TO THIS SECTION, THE
 OFFICE OF SPECIAL INVESTIGATION OR THE INDEPENDENT COUNSEL, AS THE  CASE
 MAY  BE,  SHALL, AS A PART OF THE DUTIES UNDER THIS SECTION, PREPARE AND
 PUBLICLY RELEASE A REPORT ON ALL CASES WHERE: (I) THE  OFFICE  OR  INDE-
 PENDENT  COUNSEL,  AS THE CASE MAY BE, DECLINES TO PRESENT EVIDENCE TO A
 GRAND JURY REGARDING THE DEATH OF A PERSON AS DESCRIBED  IN  SUBDIVISION
 ONE  OF  THIS  SECTION;  OR  (II)  THE  GRAND JURY DECLINES TO RETURN AN
 INDICTMENT ON ANY FELONY CHARGES.
   (B) THE REPORT SHALL INCLUDE: (I) WITH RESPECT TO SUBPARAGRAPH (I)  OF
 PARAGRAPH  (A) OF THIS SUBDIVISION, AN EXPLANATION AS TO WHY SUCH OFFICE
 OR INDEPENDENT COUNSEL DECLINED TO PRESENT EVIDENCE  TO  A  GRAND  JURY;
 (II) WITH RESPECT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION,  A REPORT OF THE OUTCOME OF THE GRAND JURY PROCEEDINGS AND, TO THE
 GREATEST EXTENT POSSIBLE, AN EXPLANATION OF THAT OUTCOME; AND (III)  ANY
 RECOMMENDATIONS  FOR SYSTEMIC OR OTHER REFORMS ARISING FROM THE INVESTI-
 GATION.
   6. SIX MONTHS AFTER THIS SUBDIVISION TAKES  EFFECT,  AND  ANNUALLY  ON
 SUCH  DATE THEREAFTER, THE OFFICE OF SPECIAL INVESTIGATION SHALL ISSUE A
 REPORT, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC AND  POSTED  ON  THE
 WEBSITE OF THE DEPARTMENT OF LAW, WHICH SHALL PROVIDE INFORMATION ON THE
 MATTERS   INVESTIGATED  BY  SUCH  OFFICE,  AND  BY  INDEPENDENT  COUNSEL
 APPOINTED PURSUANT TO SUBDIVISION FOUR  OF  THIS  SECTION,  DURING  SUCH
 REPORTING  PERIOD.  THE  INFORMATION PRESENTED SHALL INCLUDE, BUT NOT BE
 LIMITED TO: THE COUNTY AND GEOGRAPHIC LOCATION OF EACH  MATTER  INVESTI-
 GATED;  A DESCRIPTION OF THE CIRCUMSTANCES OF EACH CASE; RACIAL, ETHNIC,
 AGE, GENDER AND OTHER DEMOGRAPHIC  INFORMATION  CONCERNING  THE  PERSONS
 INVOLVED  OR  ALLEGED  TO  BE INVOLVED; INFORMATION CONCERNING WHETHER A
 CRIMINAL CHARGE OR CHARGES WERE FILED AGAINST  ANY  PERSON  INVOLVED  OR
 ALLEGED  TO  BE INVOLVED IN SUCH MATTER; THE NATURE OF SUCH CHARGES; AND
 THE STATUS OR, WHERE APPLICABLE, OUTCOME WITH RESPECT TO ALL SUCH CRIMI-
 NAL CHARGES. SUCH REPORT SHALL  ALSO  INCLUDE  RECOMMENDATIONS  FOR  ANY
 SYSTEMIC  OR  OTHER  REFORMS  RECOMMENDED  AS  A RESULT OF SUCH INVESTI-
 GATIONS.
   § 2. Subdivision 6 of section 190.25 of the criminal procedure law  is
 amended to read as follows:
   6.  (A)  The  legal  advisors  of the grand jury are the court and the
 district attorney, and the grand jury may  not  seek  or  receive  legal
 advice from any other source.  Where necessary or appropriate, the court
 or the district attorney, or both, must instruct the grand jury concern-
 ing the law with respect to its duties or any matter before it, and such
 instructions must be recorded in the minutes.
   (B)  NOTWITHSTANDING  PARAGRAPH  (A) OF THIS SUBDIVISION, OR ANY OTHER
 LAW TO THE CONTRARY, IN ANY PROCEEDING BEFORE A GRAND JURY THAT INVOLVES

 A. 9505--B                         153
 
 THE SUBMISSION OF A CRIMINAL CHARGE  OR  CHARGES  AGAINST  A  PERSON  OR
 PERSONS  FOR AN ACT OR ACTS THAT OCCURRED AT A TIME WHEN SUCH PERSON WAS
 A POLICE OFFICER OR PEACE OFFICER, AND THAT CONCERN  THE  DEATH  OF  ANY
 PERSON  THAT  RESULTED  FROM  OR POTENTIALLY RESULTED FROM ANY ENCOUNTER
 WITH SUCH POLICE OFFICER OR PEACE OFFICER, THE COURT, AFTER CONSULTATION
 ON THE RECORD WITH THE PROSECUTOR, SHALL INSTRUCT THE GRAND JURY  AS  TO
 THE CRIMINAL CHARGE OR CHARGES TO BE SUBMITTED AND THE LAW APPLICABLE TO
 SUCH CHARGES AND TO THE MATTERS BEFORE SUCH GRAND JURY.  THEREAFTER, ANY
 QUESTIONS,  REQUESTS FOR EXHIBITS, REQUESTS FOR READBACK OF TESTIMONY OR
 OTHER REQUESTS FROM THE GRAND JURY OR A MEMBER THEREOF SHALL BE PROVIDED
 TO THE COURT, AND ADDRESSED BY  THE  COURT  AFTER  CONSULTATION  ON  THE
 RECORD WITH THE PROSECUTOR.
   (C)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
 SECTION, OR ANY OTHER LAW TO THE CONTRARY, FOLLOWING FINAL ACTION BY THE
 GRAND JURY ON THE CHARGE OR CHARGES SUBMITTED PURSUANT TO PARAGRAPH  (B)
 OF  THIS  SUBDIVISION,  THE COURT SHALL MAKE SUCH LEGAL INSTRUCTIONS AND
 CHARGES SUBMITTED TO SUCH GRAND JURY AVAILABLE TO THE PUBLIC ON REQUEST,
 PROVIDED THAT THE NAMES OF WITNESSES  AND  ANY  INFORMATION  THAT  WOULD
 IDENTIFY  SUCH  WITNESSES INCLUDED IN SUCH LEGAL INSTRUCTIONS OR CHARGES
 SHALL BE REDACTED WHEN THE COURT DETERMINES, IN A WRITTEN ORDER RELEASED
 TO THE PUBLIC, AND ISSUED AFTER NOTICE TO THE PEOPLE AND  THE  REQUESTER
 AND  AN  OPPORTUNITY  TO  BE  HEARD AND REASONABLE EFFORTS TO NOTIFY AND
 PROVIDE AN OPPORTUNITY TO BE HEARD TO ANY OTHER  APPROPRIATE  PERSON  OR
 AGENCY,  THAT  THERE  IS  A REASONABLE LIKELIHOOD THAT PUBLIC RELEASE OF
 SUCH INFORMATION WOULD ENDANGER ANY INDIVIDUAL.
   (D) NOTHING IN THIS PARAGRAPH OR PARAGRAPH (B) OR (C) OF THIS SUBDIVI-
 SION SHALL BE INTERPRETED AS LIMITING OR RESTRICTING ANY  BROADER  RIGHT
 OF  ACCESS  TO  GRAND  JURY MATERIALS UNDER ANY OTHER LAW, COMMON LAW OR
 COURT PRECEDENT.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART ZZ
 
   Section  1.  Subparagraph  (viii)  of paragraph a of subdivision 10 of
 section 54 of the state finance law is amended by adding a new clause  3
 to read as follows:
   (3)  FOR  THE  STATE  FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND
 EIGHTEEN AND IN EACH STATE FISCAL YEAR THEREAFTER, THE AMOUNT OF MISCEL-
 LANEOUS FINANCIAL ASSISTANCE FROM THE LOCAL ASSISTANCE ACCOUNT  RECEIVED
 BY  A  VILLAGE  IN  THE  FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND
 SEVENTEEN.
   § 2. This act shall take effect immediately.
 
                                 PART AAA
 
   Section 1. The opening paragraph of subdivision 3 of  section  5-a  of
 the  legislative law, as amended by section 1 of part S of chapter 57 of
 the laws of 2016, is amended to read as follows:
   Any member of the assembly serving in a special capacity in a position
 set forth in the following schedule shall  be  paid  the  allowance  set
 forth  in such schedule only for the legislative term commencing January
 first, two thousand [seventeen] NINETEEN and terminating December  thir-
 ty-first, two thousand [eighteen] TWENTY:
   §  2.  Section  13  of  chapter  141 of the laws of 1994, amending the
 legislative law and the state finance law relating to the operation  and

 A. 9505--B                         154
 
 administration of the legislature, as amended by section 1 of part CC of
 chapter 55 of the laws of 2017, is amended to read as follows:
   §  13.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect as of April 1, 1994,  provided  that,
 the  provisions  of  section  5-a  of  the legislative law as amended by
 sections two and two-a of this act shall take effect on January 1, 1995,
 and provided further that, the provisions of article 5-A of the legisla-
 tive law as added by section eight of this act  shall  expire  June  30,
 [2018]  2019 when upon such date the provisions of such article shall be
 deemed repealed; and provided further that section twelve  of  this  act
 shall be deemed to have been in full force and effect on and after April
 10, 1994.
   §  3.  This  act  shall take effect immediately, provided, however, if
 section two of this act shall take effect on  or  after  June  30,  2018
 section  two  of this act shall be deemed to have been in full force and
 effect on and after June 30, 2018.
 
                                 PART BBB
 
   Section 1. Paragraph (h) of subdivision 2 of section 1349 of the civil
 practice law and rules, as added by chapter 655 of the laws of 1990,  is
 amended to read as follows:
   (h)  All  moneys  remaining after distributions pursuant to paragraphs
 (a) through (g) of this subdivision shall be distributed as follows:
   (i) [seventy-five] SEVENTY percent of such moneys shall  be  deposited
 to  a  law  enforcement  purposes  subaccount of the general fund of the
 state where the claiming agent is an agency of the state  or  the  poli-
 tical  subdivision  or public authority of which the claiming agent is a
 part, to be used for law enforcement use in the investigation  of  penal
 law offenses;
   (ii)  [the  remaining twenty-five] TWENTY percent of such moneys shall
 be deposited to a prosecution services subaccount of the general fund of
 the state where the claiming authority is the attorney  general  or  the
 political  subdivision  of which the claiming authority is a part, to be
 used for the prosecution of penal law offenses;
   (III) THE REMAINING TEN PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A
 LAW ENFORCEMENT PURPOSES SUBACCOUNT OF THE GENERAL  FUND  OF  THE  STATE
 WHERE  THE  CLAIMING  AGENT  IS  AN AGENCY OF THE STATE OR THE POLITICAL
 SUBDIVISION OR PUBLIC AUTHORITY OF WHICH THE CLAIMING AGENT IS  A  PART,
 TO BE USED FOR LAW ENFORCEMENT ASSISTED DIVERSION PURPOSES.
   Where  multiple claiming agents participated in the forfeiture action,
 funds available pursuant to subparagraph (i) of this paragraph shall  be
 disbursed  to  the  appropriate  law enforcement purposes subaccounts in
 accordance with the terms of a written agreement reflecting the  partic-
 ipation  of each claiming agent entered into by the participating claim-
 ing agents.
   § 2. Subdivision 3 of section  97-w  of  the  state  finance  law,  as
 amended  by  chapter  398  of  the  laws  of 2004, is amended to read as
 follows:
   3. Moneys of the fund, when  allocated,  shall  be  available  to  the
 commissioner  of  the  office of alcoholism and substance abuse services
 and shall be used to provide support for (A) funded agencies approved by
 the New York state office of alcoholism and  substance  abuse  services,
 [and] (B) local school-based and community programs which provide chemi-
 cal  dependence  prevention and education services, AND (C) LAW ENFORCE-
 MENT ASSISTED DIVERSION OF INDIVIDUALS  WITH  SUBSTANCE  USE  DISORDERS.

 A. 9505--B                         155
 
 Consideration shall be given to innovative approaches to providing chem-
 ical dependence services.
   § 3. This act shall take effect immediately.
 
                                 PART CCC
 
   Section 1. Paragraph 4 of subsection (a) and subsection (b) of section
 6805  of the insurance law, as added by chapter 181 of the laws of 2012,
 are amended to read as follows:
   (4) A charitable bail organization certificate shall be  valid  for  a
 term  of  five years from issuance. At the time of application for every
 such certificate, [and for every renewal thereof,]  an  applicant  shall
 pay  to  the superintendent a sum of [one thousand] FIVE HUNDRED dollars
 payable each term or fraction of a term, provided, however, that in  his
 or her discretion, the superintendent may waive such fee.
   (b) A charitable bail organization shall:
   (1)  only  deposit  money  as bail in the amount of [two] TEN thousand
 dollars or less for a defendant charged with one or more  [misdemeanors]
 OFFENSES,  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL
 LAW, provided, however, that such  organization  shall  not  execute  as
 surety any bond for any defendant;
   (2) only deposit money as bail on behalf of a person who is financial-
 ly  unable  to  post  bail,  which may constitute a portion or the whole
 amount of such bail; AND
   (3) [only deposit money as bail in one county in this state. Provided,
 however, that a charitable bail organization whose  principal  place  of
 business is located within a city of a million or more may deposit money
 as bail in the five counties comprising such city; and
   (4)]  not  charge  a  premium  or receive compensation for acting as a
 charitable bail organization.
   § 2. This act shall take effect immediately; provided that the  amend-
 ments  to  subsection  (b)  of section 6805 of the insurance law made by
 section one of this act shall take effect on the ninetieth day after  it
 shall have become a law.
 
                                 PART DDD
 
   Section  1. The correction law is amended by adding a new article 24-A
 to read as follows:
                               ARTICLE 24-A
          MERIT TIME ALLOWANCE CREDITS AND CERTAIN ADMINISTRATIVE
           PRIVILEGES CREDITS FOR LOCAL CORRECTIONAL FACILITIES
 SECTION 810. DEFINITIONS.
         811. MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION.
         812. FORFEITURE OF MERIT TIME ALLOWANCE CREDIT.
         813. CERTAIN ADMINISTRATIVE PRIVILEGES  CREDITS  FOR  INELIGIBLE
                INMATES.
         814. RECORD KEEPING.
   §  810.  DEFINITIONS.   WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CREDIT" MEANS A REDUCTION OF TWENTY-FOUR HOURS IN  THE  AMOUNT  OF
 TIME  AN  INMATE  MUST  SERVE IN A CORRECTIONAL FACILITY ON THE INMATE'S
 SENTENCE UPON CONVICTION; AND
   2.  "ELIGIBLE INMATE" MEANS AN INMATE IN THE CUSTODY OF THE SHERIFF OF
 A LOCAL CORRECTIONAL FACILITY  WHO  IS  SERVING  ONE  OR  MORE  DEFINITE
 SENTENCES OF ONE YEAR OR LESS OR WHO IS DETAINED PENDING TRIAL, SENTENCE

 A. 9505--B                         156
 
 OR  OTHER  DISPOSITION  AND WHO PARTICIPATES IN THE MERIT TIME ALLOWANCE
 CREDIT PROGRAM ESTABLISHED UNDER THIS ARTICLE, PROVIDED THAT SUCH INMATE
 IS NOT CONVICTED ON THE INSTANT CHARGES OF AN A-1 FELONY OFFENSE,  OTHER
 THAN  AN A-1 FELONY OFFENSE DEFINED WITHIN ARTICLE TWO HUNDRED TWENTY OF
 THE PENAL LAW, A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION  70.02  OF
 THE PENAL LAW, MANSLAUGHTER IN THE SECOND DEGREE, VEHICULAR MANSLAUGHTER
 IN THE SECOND DEGREE, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE, CRIMI-
 NALLY  NEGLIGENT  HOMICIDE,  ANY  OFFENSE DEFINED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW, INCEST, ANY  OFFENSE  DEFINED  IN  ARTICLE  TWO
 HUNDRED  SIXTY-THREE  OF  THE  PENAL LAW, OR AGGRAVATED HARASSMENT OF AN
 EMPLOYEE BY AN INMATE.
   § 811. MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION.   1.  UPON
 SUCCESSFUL  PARTICIPATION,  INCLUDING  ACTIVE  INVOLVEMENT, SATISFACTORY
 ATTENDANCE AND  COMPLIANCE  WITH  PROGRAM  REQUIREMENTS,  AS  REASONABLY
 DETERMINED BY THE SHERIFF, IN AN EDUCATIONAL, VOCATIONAL, WORK, OR REHA-
 BILITATIVE  PROGRAM  APPROVED  FOR  CREDIT  BY  THE SHERIFF, AN ELIGIBLE
 INMATE SHALL ACCRUE CREDITS APPLIED TO HIS OR HER SENTENCE IN  THE  SAME
 MANNER  AS  JAIL  TIME  CREDIT  PURSUANT TO SUBDIVISION THREE OF SECTION
 70.30 OF THE PENAL LAW IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
   (I) ONE CREDIT SHALL ACCRUE FOR EVERY FOUR DAYS IN  WHICH  THE  INMATE
 SUCCESSFULLY  PARTICIPATES  IN THE PROGRAM IF THE INMATE'S HIGHEST CRIME
 OF CONVICTION FOR THE SENTENCE TO WHICH  THE  CREDIT  WILL  APPLY  IS  A
 VIOLATION OFFENSE;
   (II)  ONE  CREDIT SHALL ACCRUE FOR EVERY NINE DAYS IN WHICH THE INMATE
 SUCCESSFULLY PARTICIPATES  IN  THE  PROGRAM  IF  THE  HIGHEST  CRIME  OF
 CONVICTION  FOR  THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS A MISDE-
 MEANOR OFFENSE; AND
   (III) ONE CREDIT SHALL ACCRUE FOR EVERY  FIFTEEN  DAYS  IN  WHICH  THE
 INMATE  SUCCESSFULLY PARTICIPATES IN THE PROGRAM IF THE HIGHEST CRIME OF
 CONVICTION FOR THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS  A  FELONY
 OFFENSE.
   2.  ACCRUED CREDITS SHALL, IN ACCORDANCE WITH THIS SECTION, BE APPLIED
 AGAINST AN ELIGIBLE INMATE'S SENTENCE  OR,  IF  PRE-TRIAL,  AGAINST  THE
 SENTENCE  ULTIMATELY  IMPOSED, AND SHALL DIMINISH THE INMATE'S PERIOD OF
 IMPRISONMENT ACCORDING TO THE SCHEDULE SET FORTH IN SUBDIVISION  ONE  OF
 THIS  SECTION,  PROVIDED,  HOWEVER, THAT IF THE INMATE IS CONVICTED OF A
 CRIME THAT RENDERS HIM OR HER INELIGIBLE TO RECEIVE MERIT TIME ALLOWANCE
 CREDIT UNDER THIS ARTICLE, ANY SUCH CREDITS ACCRUED SHALL BE  CONSIDERED
 ADMINISTRATIVE  PRIVILEGES  CREDITS  PURSUANT  TO  SECTION EIGHT HUNDRED
 THIRTEEN OF THIS ARTICLE.
   3. IF AN ELIGIBLE INMATE ACCRUES CREDITS PURSUANT TO  PARAGRAPH  (III)
 OF  SUBDIVISION ONE OF THIS SECTION DURING A PERIOD OF PRE-TRIAL OR PRE-
 SENTENCE DETENTION FOR A FELONY OFFENSE, AND IS LATER CONVICTED  OF  AND
 SENTENCED  TO  A PERIOD OF IMPRISONMENT IN A STATE CORRECTIONAL FACILITY
 FOR SUCH A FELONY OFFENSE, THE CREDITS ACCRUED BY THE  INMATE  SHALL  BE
 APPLIED  BY  THE  DEPARTMENT  AS ADDITIONAL JAIL TIME CREDIT PURSUANT TO
 SUBDIVISION THREE OF SECTION 70.30 OF THE  PENAL  LAW  TO  THE  SENTENCE
 SERVED BY THE INMATE FOR SUCH FELONY OFFENSE.
   4.  AN  INMATE  WHO  IS  NOT ELIGIBLE TO PARTICIPATE IN THE MERIT TIME
 ALLOWANCE CREDIT  PROGRAM  ESTABLISHED  BY  THIS  ARTICLE  MAY,  IN  THE
 DISCRETION OF THE SHERIFF, NONETHELESS BE PERMITTED TO PARTICIPATE IN AN
 ADMINISTRATIVE  PRIVILEGES  CREDIT  PROGRAM  PURSUANT  TO  SECTION EIGHT
 HUNDRED THIRTEEN OF THIS ARTICLE.
   5. ALL PARTICIPATION BY AN INMATE IN THE MERIT TIME  ALLOWANCE  CREDIT
 PROGRAM  AND  ADMINISTRATIVE  PRIVILEGES  CREDIT  PROGRAM  IS VOLUNTARY.
 EXCEPT IN ADMINISTRATIVE PROCEEDINGS CONCERNING THE INMATE'S OPPORTUNITY

 A. 9505--B                         157

 TO PARTICIPATE IN, OR CONTINUE  TO  PARTICIPATE  IN,  SUCH  A  VOLUNTARY
 PROGRAM ADMINISTERED BY A CORRECTIONAL FACILITY, EVIDENCE OF AN INMATE'S
 FAILURE  TO  SUCCESSFULLY PARTICIPATE IN OR COMPLETE A MERIT TIME ALLOW-
 ANCE  CREDIT PROGRAM OR ADMINISTRATIVE PRIVILEGES CREDIT PROGRAM, PURSU-
 ANT TO THIS  ARTICLE,  SHALL  NOT  BE  ADMISSIBLE  AGAINST  THE  INMATE,
 PROVIDED,  HOWEVER,  THAT  THE INMATE MAY PRESENT INFORMATION CONCERNING
 SUCCESSFUL PARTICIPATION FOR THE PURPOSES OF MITIGATION, WHERE RELEVANT,
 IN ANY COURT OR PROCEEDING.  UPON  ADMISSION  TO  A  LOCAL  CORRECTIONAL
 FACILITY,  EACH  INMATE SHALL BE NOTIFIED BY THE SHERIFF, IN WRITING, OF
 THE EXISTENCE, CRITERIA AND RULES GOVERNING PARTICIPATION IN  THE  MERIT
 TIME ALLOWANCE CREDIT PROGRAM.
   §  812.  FORFEITURE OF MERIT TIME ALLOWANCE CREDIT. 1.  ANY MERIT TIME
 ALLOWANCE CREDIT ACCRUED PURSUANT TO THE PROGRAM ESTABLISHED UNDER  THIS
 ARTICLE  MAY,  AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, BE WITHHELD,
 FORFEITED OR CANCELLED IN WHOLE OR IN PART FOR BAD  BEHAVIOR,  VIOLATION
 OF  INSTITUTIONAL  RULES  OR  FAILURE TO PARTICIPATE SUCCESSFULLY IN THE
 PROGRAM. THE SHERIFF SHALL NOTIFY THE INMATE PROMPTLY IN WRITING OF  THE
 REASONS FOR ANY SUCH DETERMINATION.
   2.  AN  INMATE  WHO  LOSES  A  MERIT TIME ALLOWANCE CREDIT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION IS ELIGIBLE FOR SUBSEQUENT PARTICIPATION
 IN A MERIT TIME ALLOWANCE CREDIT PROGRAM AT THE DISCRETION OF THE  SHER-
 IFF.
   §  813.  CERTAIN  ADMINISTRATIVE  PRIVILEGES  CREDITS  FOR  INELIGIBLE
 INMATES. 1. ANY INMATE NOT ELIGIBLE TO RECEIVE A  MERIT  TIME  ALLOWANCE
 CREDIT  PURSUANT  TO  THIS ARTICLE MAY NONETHELESS ACCRUE ADMINISTRATIVE
 PRIVILEGES CREDITS, IN A MANNER CONSISTENT WITH THE ACCRUAL SCHEDULE SET
 FORTH IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED ELEVEN OF  THIS  ARTI-
 CLE,  PROVIDED  THAT  SUCH  PRIVILEGES  CREDITS  SHALL ONLY APPLY TOWARD
 OBTAINING  CERTAIN  ADMINISTRATIVE  PRIVILEGES,  PURSUANT  TO  A  LAWFUL
 PROGRAM  ESTABLISHED  AND  ADMINISTERED BY THE SHERIFF, AT THE SHERIFF'S
 DISCRETION.   UPON ADMISSION TO  A  LOCAL  CORRECTIONAL  FACILITY,  EACH
 INMATE  SHALL  BE NOTIFIED BY THE SHERIFF, IN WRITING, OF THE EXISTENCE,
 CRITERIA AND RULES GOVERNING PARTICIPATION IN THE ADMINISTRATIVE  PRIVI-
 LEGES  CREDIT PROGRAM.   ELIGIBLE INMATES MAY ALSO RECEIVE SUCH ADMINIS-
 TRATIVE PRIVILEGES CREDITS.
   2. ADMINISTRATIVE PRIVILEGES CREDITS ACCRUED PURSUANT TO THIS  SECTION
 SHALL  BE  APPLIED, AT THE REQUEST OF THE INMATE AND WITH CONSENT OF THE
 SHERIFF, TOWARD PRIVILEGES NOT GENERALLY ACCORDED TO THE  GENERAL  POPU-
 LATION  OF INMATES AT THE LOCAL CORRECTIONAL FACILITY. THE RULES GOVERN-
 ING PARTICIPATION IN THE PROGRAM SHALL DESCRIBE IN DETAIL THE  TYPES  OF
 PRIVILEGES  TO WHICH SUCH CREDITS MAY BE APPLIED AND THE NUMBER OF CRED-
 ITS REQUIRED FOR EACH TYPE.
   § 814. RECORD KEEPING. A CONTEMPORANEOUS RECORD SHALL BE KEPT  BY  THE
 SHERIFF  OF  ALL  MERIT TIME ALLOWANCE CREDITS AND ADMINISTRATIVE PRIVI-
 LEGES CREDITS AN INMATE ACCRUES UNDER THIS ARTICLE. IN  ANY  CASE  WHERE
 THE  SHERIFF  HAS  THE  DUTY  TO DELIVER AN INMATE TO THE CUSTODY OF THE
 DEPARTMENT, OR A SHERIFF OR SIMILAR DEPARTMENT IN ANOTHER  JURISDICTION,
 WHETHER  UNDER  AN  ORDER  OF  SENTENCE AND COMMITMENT OR OTHERWISE, THE
 SHERIFF SHALL ALSO DELIVER TO THE STATE CORRECTIONAL  FACILITY,  SHERIFF
 OR  SIMILAR  DEPARTMENT  TO  WHICH  THE  INMATE IS DELIVERED, AND TO THE
 INMATE, A CERTIFIED RECORD OF MERIT TIME ALLOWANCE  CREDITS  ACCRUED  BY
 THE INMATE.
   §  2.  Subdivision  3 of section 70.30 of the penal law, as amended by
 chapter 3 of the laws of 1995, the opening paragraph as amended by chap-
 ter 1 of the laws of 1998, is amended to read as follows:

 A. 9505--B                         158
 
   3. Jail time. The term of a definite sentence, a determinate sentence,
 or the maximum term of an indeterminate sentence  imposed  on  a  person
 shall  be  credited with and diminished by the amount of time the person
 spent in custody prior to the commencement of such sentence as a  result
 of  the  charge that culminated in the sentence. In the case of an inde-
 terminate sentence, if the minimum period of imprisonment has been fixed
 by the court or by the board of parole, the credit shall also be applied
 against the minimum period. The credit herein provided shall  be  calcu-
 lated  from  the date custody under the charge commenced to the date the
 sentence commences and shall not  include  any  time  that  is  credited
 against  the  term or maximum term of any previously imposed sentence or
 period of post-release supervision to which the person is subject.   THE
 CREDIT  HEREIN  PROVIDED  SHALL  ALSO  INCLUDE ANY ADDITIONAL MERIT TIME
 ALLOWANCE CREDIT ACCRUED IN A LOCAL CORRECTIONAL  FACILITY  PURSUANT  TO
 ARTICLE TWENTY-FOUR-A OF THE CORRECTION LAW. Where the charge or charges
 culminate  in  more  than  one  sentence, the credit shall be applied as
 follows:
   (a) If the sentences run concurrently, the  credit  shall  be  applied
 against each such sentence;
   (b)  If  the  sentences run consecutively, the credit shall be applied
 against the aggregate term or aggregate maximum term  of  the  sentences
 and against the aggregate minimum period of imprisonment.
   In  any  case  where a person has been in custody due to a charge that
 culminated in a dismissal or an acquittal, the amount of time that would
 have been credited against a sentence for  such  charge,  had  one  been
 imposed,  shall  be  credited  against  any  sentence that is based on a
 charge for which a warrant or commitment was lodged during the  pendency
 of such custody.
   §  3.  Subdivision  3 of section 70.30 of the penal law, as amended by
 chapter 648 of the laws of 1979, the  opening  paragraph  as  separately
 amended by chapter 1 of the laws of 1998, is amended to read as follows:
   3.  Jail  time. The term of a definite sentence or the maximum term of
 an indeterminate sentence imposed on a person shall be credited with and
 diminished by the amount of time the person spent in  custody  prior  to
 the  commencement of such sentence as a result of the charge that culmi-
 nated in the sentence. In the case of an indeterminate sentence, if  the
 minimum  period  of  imprisonment  has been fixed by the court or by the
 board of parole, the credit shall also be applied  against  the  minimum
 period.  The  credit  herein  provided shall be calculated from the date
 custody under the charge commenced to the date  the  sentence  commences
 and  shall  not  include  any  time that is credited against the term or
 maximum term of any previously imposed sentence or  period  of  post-re-
 lease  supervision  to  which  the person is subject.  THE CREDIT HEREIN
 PROVIDED SHALL ALSO INCLUDE ANY ADDITIONAL MERIT TIME  ALLOWANCE  CREDIT
 ACCRUED  IN  A  LOCAL  CORRECTIONAL FACILITY PURSUANT TO ARTICLE TWENTY-
 FOUR-A OF THE CORRECTION LAW. Where the charge or charges  culminate  in
 more than one sentence, the credit shall be applied as follows:
   (a)  If  the  sentences  run concurrently, the credit shall be applied
 against each such sentence;
   (b) If the sentences run consecutively, the credit  shall  be  applied
 against  the  aggregate  term or aggregate maximum term of the sentences
 and against the aggregate minimum period of imprisonment.
   In any case where a person has been in custody due to  a  charge  that
 culminated in a dismissal or an acquittal, the amount of time that would
 have  been  credited  against  a  sentence for such charge, had one been
 imposed, shall be credited against any  sentence  that  is  based  on  a

 A. 9505--B                         159
 
 charge  for which a warrant or commitment was lodged during the pendency
 of such custody.
   § 4. This act shall take effect on the first of November next succeed-
 ing  the  date  on  which  it shall have become a law; provided that the
 amendments to subdivision 3 of section 70.30 of the penal  law  made  by
 section two of this act shall be subject to the expiration and reversion
 of such subdivision pursuant to subdivision d of section 74 of chapter 3
 of  the  laws of 1995, as amended, when upon such date the provisions of
 section three of this act shall take effect.
 
                                 PART EEE
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 13.43 to read as follows:
 § 13.43 FIRST RESPONDER TRAINING.
   (A) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 THE OFFICE OF FIRE PREVENTION AND CONTROL, THE MUNICIPAL POLICE TRAINING
 COUNCIL,  AND THE SUPERINTENDENT OF STATE POLICE, SHALL DEVELOP A TRAIN-
 ING PROGRAM AND ASSOCIATED TRAINING MATERIALS,  TO  PROVIDE  INSTRUCTION
 AND  INFORMATION  TO FIREFIGHTERS, POLICE OFFICERS AND EMERGENCY MEDICAL
 SERVICES PERSONNEL ON APPROPRIATE RECOGNITION  AND  RESPONSE  TECHNIQUES
 FOR  HANDLING  EMERGENCY  SITUATIONS  INVOLVING  INDIVIDUALS WITH AUTISM
 SPECTRUM DISORDER AND OTHER  DEVELOPMENTAL  DISABILITIES.  THE  TRAINING
 PROGRAM AND ASSOCIATED TRAINING MATERIALS SHALL INCLUDE ANY OTHER INFOR-
 MATION DEEMED NECESSARY AND APPROPRIATE BY THE COMMISSIONER.
   (B)  SUCH  TRAINING  SHALL ADDRESS APPROPRIATE RESPONSE TECHNIQUES FOR
 DEALING WITH BOTH ADULTS AND MINORS WITH AUTISM  SPECTRUM  DISORDER  AND
 OTHER DEVELOPMENTAL DISABILITIES.
   (C) SUCH TRAINING PROGRAM MAY BE DEVELOPED AS AN ONLINE PROGRAM.
   §  2. The public health law is amended by adding a new section 3054 to
 read as follows:
   § 3054. EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH  AUTISM  SPEC-
 TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES. IN COORDINATION WITH
 THE  COMMISSIONER  OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
 TIES, THE COMMISSIONER SHALL PROVIDE THE TRAINING  PROGRAM  RELATING  TO
 HANDLING EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPECTRUM
 DISORDER  AND  OTHER  DEVELOPMENTAL DISABILITIES AND ASSOCIATED TRAINING
 MATERIALS PURSUANT TO SECTION 13.43 OF THE MENTAL  HYGIENE  LAW  TO  ALL
 EMERGENCY  MEDICAL  SERVICES  PERSONNEL  INCLUDING,  BUT NOT LIMITED TO,
 FIRST RESPONDERS,  EMERGENCY  MEDICAL  TECHNICIANS,  ADVANCED  EMERGENCY
 MEDICAL TECHNICIANS AND EMERGENCY VEHICLE OPERATORS.
   §  3.  Section  156  of  the  executive law is amended by adding a new
 subdivision 22 to read as follows:
   22. IN COORDINATION WITH THE COMMISSIONER OF  THE  OFFICE  FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES, PROVIDE THE TRAINING PROGRAM RELATING
 TO HANDLING EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPEC-
 TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES AND ASSOCIATED TRAIN-
 ING MATERIALS PURSUANT TO SECTION 13.43 OF THE MENTAL HYGIENE LAW TO ALL
 FIREFIGHTERS, BOTH PAID AND VOLUNTEER.    THE  OFFICE  SHALL  ADOPT  ALL
 NECESSARY RULES AND REGULATIONS RELATING TO SUCH TRAINING, INCLUDING THE
 PROCESS  BY  WHICH TRAINING HOURS ARE ALLOCATED TO COUNTIES AS WELL AS A
 UNIFORM PROCEDURE  FOR  REQUESTING  AND  PROVIDING  ADDITIONAL  TRAINING
 HOURS.
   §  4.  Section  840  of  the  executive law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE COUNCIL SHALL, IN ADDITION:

 A. 9505--B                         160
 
   (A) DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN  CONSULTATION  WITH  THE
 COMMISSIONER  OF  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
 WRITTEN POLICIES AND PROCEDURES CONSISTENT WITH  SECTION  13.43  OF  THE
 MENTAL  HYGIENE  LAW,  REGARDING  THE  HANDLING  OF EMERGENCY SITUATIONS
 INVOLVING  INDIVIDUALS  WITH AUTISM SPECTRUM DISORDER AND OTHER DEVELOP-
 MENTAL DISABILITIES.  SUCH POLICIES AND PROCEDURES SHALL MAKE PROVISIONS
 FOR THE EDUCATION AND TRAINING OF NEW AND VETERAN POLICE OFFICERS ON THE
 HANDLING OF EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPEC-
 TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES; AND
   (B) RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS WITH  RESPECT  TO
 THE  ESTABLISHMENT  AND IMPLEMENTATION ON AN ONGOING BASIS OF A TRAINING
 PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING  THE  POLICIES
 AND  PROCEDURES  ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION, ALONG WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   § 5. The executive law is amended by adding a  new  section  214-f  to
 read as follows:
   §  214-F.  EMERGENCY  SITUATIONS INVOLVING PEOPLE WITH AUTISM SPECTRUM
 DISORDER AND OTHER DEVELOPMENTAL DISABILITIES. THE SUPERINTENDENT SHALL,
 FOR ALL MEMBERS OF THE STATE POLICE:
   1. DEVELOP, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE COMMIS-
 SIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WRITTEN
 POLICIES AND PROCEDURES CONSISTENT WITH  SECTION  13.43  OF  THE  MENTAL
 HYGIENE  LAW,  REGARDING  THE HANDLING OF EMERGENCY SITUATIONS INVOLVING
 INDIVIDUALS WITH AUTISM SPECTRUM DISORDER AND OTHER DEVELOPMENTAL  DISA-
 BILITIES.    SUCH  POLICIES AND PROCEDURES SHALL MAKE PROVISIONS FOR THE
 EDUCATION AND TRAINING OF NEW AND VETERAN POLICE OFFICERS ON THE  HANDL-
 ING  OF  EMERGENCY  SITUATIONS  INVOLVING INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES; AND
   2. RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS  WITH  RESPECT  TO
 ESTABLISHMENT  AND  IMPLEMENTATION  ON  AN  ONGOING  BASIS OF A TRAINING
 PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING  THE  POLICIES
 AND  PROCEDURES  ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION, ALONG WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that the commissioner  of
 the office for people with developmental disabilities may promulgate any
 rules and regulations necessary for the implementation of this act on or
 before such effective date.

                                 PART FFF
 
   Section  1.  This part enacts into law major components of legislation
 relating to the Women's Agenda. Each component is wholly contained with-
 in a Subpart identified as subparts A through N. The effective date  for
 each  particular provision contained within such Subpart is set forth in
 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 part sets forth the general effective date of this part.
 
                                 SUBPART A
 
   Section 1. This act shall be known and may be cited as the "comprehen-
 sive contraception coverage act".

 A. 9505--B                         161
 
   § 2. Paragraph 16 of subsection (l) of section 3221 of  the  insurance
 law,  as added by chapter 554 of the laws of 2002, is amended to read as
 follows:
   (16)  (A)  Every  group or blanket policy [which provides coverage for
 prescription drugs shall include coverage for the cost of  contraceptive
 drugs or devices approved by the federal food and drug administration or
 generic equivalents approved as substitutes by such food and drug admin-
 istration  under  the  prescription  of  a  health care provider legally
 authorized to prescribe under title eight  of  the  education  law.  The
 coverage  required  by  this  section  shall be included in policies and
 certificates only through the addition of a rider.
   (A)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
 AFTER  JANUARY  FIRST, TWO THOUSAND NINETEEN, SHALL PROVIDE COVERAGE FOR
 ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
   (1) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
 THIS INCLUDES ALL  FDA-APPROVED  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,
 DEVICES,  AND  PRODUCTS  AS  PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
 STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
   (A) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND  PHARMACEU-
 TICAL  EQUIVALENT,  AS  DEFINED  BY THE FDA, VERSIONS OF A CONTRACEPTIVE
 DRUG, DEVICE, OR PRODUCT, A GROUP OR BLANKET POLICY IS NOT  REQUIRED  TO
 INCLUDE  ALL  SUCH THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN
 ITS FORMULARY, SO LONG AS AT LEAST ONE IS INCLUDED AND  COVERED  WITHOUT
 COST-SHARING AND IN ACCORDANCE WITH THIS PARAGRAPH;
   (B)  IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
 OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED  MEDICALLY
 INADVISABLE  A  GROUP  OR  BLANKET  POLICY SHALL PROVIDE COVERAGE FOR AN
 ALTERNATE THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT  VERSION  OF  THE
 CONTRACEPTIVE DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING;
   (C)  THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT COST-
 SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION,  NON-PATIENT
 SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
 TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
 THROUGH A PRESCRIPTION OR ORDER; AND
   (D) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS WORTH
 OF A CONTRACEPTIVE AT ONE TIME;
   (2) VOLUNTARY STERILIZATION PROCEDURES;
   (3) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
   (4) FOLLOW-UP SERVICES RELATED TO THE DRUGS,  DEVICES,  PRODUCTS,  AND
 PROCEDURES  COVERED UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO,
 MANAGEMENT OF SIDE EFFECTS,  COUNSELING  FOR  CONTINUED  ADHERENCE,  AND
 DEVICE INSERTION AND REMOVAL.
   (B)  A  GROUP  OR  BLANKET  POLICY SUBJECT TO THIS PARAGRAPH SHALL NOT
 IMPOSE A DEDUCTIBLE, COINSURANCE, COPAYMENT, OR ANY  OTHER  COST-SHARING
 REQUIREMENT ON THE COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
   (C)  EXCEPT  AS  OTHERWISE AUTHORIZED UNDER THIS PARAGRAPH, A GROUP OR
 BLANKET POLICY SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVER-
 AGE REQUIRED UNDER THIS PARAGRAPH.
   (D) BENEFITS FOR AN ENROLLEE UNDER THIS PARAGRAPH SHALL  BE  THE  SAME
 FOR  AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND COVERED
 NONSPOUSE DEPENDENTS.
   (E) Notwithstanding any other provision of this  subsection,  a  reli-
 gious  employer may request a contract without coverage for federal food
 and drug administration approved contraceptive methods that are contrary
 to the religious employer's religious  tenets.  If  so  requested,  such
 contract  shall  be provided without coverage for contraceptive methods.

 A. 9505--B                         162
 
 This paragraph shall not be construed to deny an enrollee  coverage  of,
 and timely access to, contraceptive methods.
   (1)  For  purposes  of  this  subsection, a "religious employer" is an
 entity for which each of the following is true:
   (a) The inculcation of religious values is the purpose of the entity.
   (b) The entity primarily  employs  persons  who  share  the  religious
 tenets of the entity.
   (c) The entity serves primarily persons who share the religious tenets
 of the entity.
   (d)  The  entity  is  a nonprofit organization as described in Section
 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
   (2) Every religious employer that invokes the exemption provided under
 this paragraph shall provide written  notice  to  prospective  enrollees
 prior to enrollment with the plan, listing the contraceptive health care
 services the employer refuses to cover for religious reasons.
   [(B)  (i)] (F) (1) Where a group policyholder makes an election not to
 purchase coverage for contraceptive drugs or devices in accordance  with
 subparagraph  [(A)] (E) of this paragraph each certificateholder covered
 under the policy issued to that group policyholder shall have the  right
 to  directly  purchase  the  rider  required  by this paragraph from the
 insurer which issued the group policy  at  the  prevailing  small  group
 community  rate  for such rider whether or not the employee is part of a
 small group.
   [(ii)] (2) Where  a  group  policyholder  makes  an  election  not  to
 purchase  coverage for contraceptive drugs or devices in accordance with
 subparagraph [(A)] (E) of this paragraph, the insurer that provides such
 coverage shall provide written notice to certificateholders upon enroll-
 ment with the insurer of their right to directly purchase  a  rider  for
 coverage  for  the  cost  of  contraceptive drugs or devices. The notice
 shall also advise the certificateholders of the additional  premium  for
 such coverage.
   [(C)]  (G) Nothing in this paragraph shall be construed as authorizing
 a group or blanket policy which provides coverage for prescription drugs
 to exclude coverage for prescription drugs prescribed for reasons  other
 than contraceptive purposes.
   [(D) Such coverage may be subject to reasonable annual deductibles and
 coinsurance  as  may  be deemed appropriate by the superintendent and as
 are consistent with those established for other drugs or devices covered
 under the policy.]
   § 3. Subsection (cc) of section 4303 of the insurance law, as added by
 chapter 554 of the laws of 2002, is amended to read as follows:
   (cc) (1) Every contract  [which  provides  coverage  for  prescription
 drugs  shall  include  coverage  for  the cost of contraceptive drugs or
 devices approved by the federal food and drug administration or  generic
 equivalents approved as substitutes by such food and drug administration
 under  the  prescription of a health care provider legally authorized to
 prescribe under title eight of the education law. The coverage  required
 by  this  section  shall  be included in contracts and certificates only
 through the addition of a rider.
   (1)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
 AFTER  JANUARY  FIRST, TWO THOUSAND NINETEEN, SHALL PROVIDE COVERAGE FOR
 ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
   (A) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
 THIS INCLUDES ALL  FDA-APPROVED  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,
 DEVICES,  AND  PRODUCTS  AS  PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
 STATE OR FEDERAL LAW.  THE FOLLOWING APPLIES TO THIS COVERAGE:

 A. 9505--B                         163
 
   (I) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND  PHARMACEU-
 TICAL  EQUIVALENT,  AS  DEFINED  BY THE FDA, VERSIONS OF A CONTRACEPTIVE
 DRUG, DEVICE, OR PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH
 THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY,  SO
 LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN
 ACCORDANCE WITH THIS SUBSECTION;
   (II) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
 OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
 INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE THERAPEU-
 TIC AND PHARMACEUTICAL EQUIVALENT VERSION  OF  THE  CONTRACEPTIVE  DRUG,
 DEVICE, OR PRODUCT WITHOUT COST-SHARING;
   (III)  THIS  COVERAGE  SHALL  INCLUDE  EMERGENCY CONTRACEPTION WITHOUT
 COST-SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PA-
 TIENT SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED
 THIRTY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY  PROVIDED  OTHER  THAN
 THROUGH A PRESCRIPTION OR ORDER; AND
   (IV)  THIS  COVERAGE  MUST  ALLOW  FOR THE DISPENSING OF TWELVE MONTHS
 WORTH OF A CONTRACEPTIVE AT ONE TIME;
   (B) VOLUNTARY STERILIZATION PROCEDURES;
   (C) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
   (D) FOLLOW-UP SERVICES RELATED TO THE DRUGS,  DEVICES,  PRODUCTS,  AND
 PROCEDURES COVERED UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
 MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
 DEVICE INSERTION AND REMOVAL.
   (2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE  A  DEDUCT-
 IBLE,  COINSURANCE,  COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
 THE COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
   (3) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS SUBSECTION,  A  CONTRACT
 SHALL  NOT  IMPOSE  ANY  RESTRICTIONS OR DELAYS ON THE COVERAGE REQUIRED
 UNDER THIS SUBSECTION.
   (4) BENEFITS FOR AN ENROLLEE UNDER THIS SUBSECTION SHALL BE  THE  SAME
 FOR  AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND COVERED
 NONSPOUSE DEPENDENTS.
   (5) Notwithstanding any other provision of this  subsection,  a  reli-
 gious  employer may request a contract without coverage for federal food
 and drug administration approved contraceptive methods that are contrary
 to the religious employer's religious  tenets.  If  so  requested,  such
 contract  shall  be provided without coverage for contraceptive methods.
 This paragraph shall not be construed to deny an enrollee  coverage  of,
 and timely access to, contraceptive methods.
   (A)  For  purposes  of  this  subsection, a "religious employer" is an
 entity for which each of the following is true:
   (i) The inculcation of religious values is the purpose of the entity.
   (ii) The entity primarily employs  persons  who  share  the  religious
 tenets of the entity.
   (iii)  The  entity  serves  primarily  persons who share the religious
 tenets of the entity.
   (iv) The entity is a nonprofit organization as  described  in  Section
 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
   (B) Every religious employer that invokes the exemption provided under
 this  paragraph  shall  provide  written notice to prospective enrollees
 prior to enrollment with the plan, listing the contraceptive health care
 services the employer refuses to cover for religious reasons.
   [(2)](6) (A) Where a group contractholder makes  an  election  not  to
 purchase  coverage for contraceptive drugs or devices in accordance with
 paragraph [one] FIVE of this subsection, each enrollee covered under the

 A. 9505--B                         164
 
 contract issued to that group contractholder shall  have  the  right  to
 directly purchase the rider required by this subsection from the insurer
 or  health  maintenance  organization which issued the group contract at
 the  prevailing small group community rate for such rider whether or not
 the employee is part of a small group.
   (B) Where a group contractholder makes an  election  not  to  purchase
 coverage for contraceptive drugs or devices in accordance with paragraph
 [one]  FIVE of this subsection, the insurer or health maintenance organ-
 ization that provides such coverage  shall  provide  written  notice  to
 enrollees  upon enrollment with the insurer or health maintenance organ-
 ization of their right to directly purchase a rider for coverage for the
 cost of contraceptive drugs or devices. The notice shall also advise the
 enrollees of the additional premium for such coverage.
   [(3)](7) Nothing in this subsection shall be construed as  authorizing
 a  contract  which  provides  coverage for prescription drugs to exclude
 coverage for  prescription  drugs  prescribed  for  reasons  other  than
 contraceptive purposes.
   [(4) Such coverage may be subject to reasonable annual deductibles and
 coinsurance  as  may  be deemed appropriate by the superintendent and as
 are consistent with those established for other drugs or devices covered
 under the policy.]
   § 4. Subparagraph (E) of paragraph 17 of  subsection  (i)  of  section
 3216  of the insurance law is amended by adding a new clause (v) to read
 as follows:
   (V) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS,
 INCLUDING  ALL  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,   DEVICES,   AND
 PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL
 LAW;  VOLUNTARY  STERILIZATION  PROCEDURES;  PATIENT EDUCATION AND COUN-
 SELING ON CONTRACEPTION; AND FOLLOW-UP SERVICES RELATED  TO  THE  DRUGS,
 DEVICES,  PRODUCTS, AND PROCEDURES COVERED UNDER THIS CLAUSE, INCLUDING,
 BUT NOT LIMITED TO, MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED
 ADHERENCE, AND DEVICE INSERTION AND REMOVAL. EXCEPT AS OTHERWISE AUTHOR-
 IZED UNDER THIS CLAUSE, A CONTRACT SHALL NOT IMPOSE ANY RESTRICTIONS  OR
 DELAYS  ON  THE  COVERAGE REQUIRED UNDER THIS CLAUSE. HOWEVER, WHERE THE
 FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL  EQUIVALENT,
 AS  DEFINED  BY  THE  FDA,  VERSIONS OF A CONTRACEPTIVE DRUG, DEVICE, OR
 PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH THERAPEUTIC  AND
 PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO LONG AS AT LEAST
 ONE  IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN ACCORDANCE WITH
 THIS CLAUSE. IF THE COVERED THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT
 VERSIONS  OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED
 MEDICALLY INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE
 THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSION OF  THE  CONTRACEPTIVE
 DRUG,  DEVICE,  OR  PRODUCT  WITHOUT  COST-SHARING.  THIS COVERAGE SHALL
 INCLUDE  EMERGENCY  CONTRACEPTION  WITHOUT  COST-SHARING  WHEN  PROVIDED
 PURSUANT  TO  AN  ORDINARY  PRESCRIPTION,  NON-PATIENT  SPECIFIC REGIMEN
 ORDER, OR ORDER UNDER SECTION  SIXTY-EIGHT  HUNDRED  THIRTY-ONE  OF  THE
 EDUCATION   LAW   AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN  THROUGH  A
 PRESCRIPTION OR ORDER; AND THIS COVERAGE MUST ALLOW FOR  THE  DISPENSING
 OF TWELVE MONTHS WORTH OF A CONTRACEPTIVE AT ONE TIME.
   §  5.  Paragraph  (d)  of subdivision 3 of section 365-a of the social
 services law, as amended by chapter 909 of  the  laws  of  1974  and  as
 relettered  by  chapter  82  of  the laws of 1995, is amended to read as
 follows:
   (d) family planning services and TWELVE MONTHS OF supplies for  eligi-
 ble  persons  of  childbearing  age, including children under twenty-one

 A. 9505--B                         165
 
 years of age who can be considered  sexually  active,  who  desire  such
 services  and  supplies,  in accordance with the requirements of federal
 law and regulations and the regulations of  the  department.  No  person
 shall be compelled or coerced to accept such services or supplies.
   §  6.  Subdivision 6 of section 6527 of the education law, as added by
 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
 of the laws of 2015, paragraph (d) as added by chapter 429 of  the  laws
 of  2005,  paragraph  (e)  as  added by chapter 352 of the laws of 2014,
 paragraph (f) as added by section 6 of part V of chapter 57 of the  laws
 of  2015  and paragraph (g) as added by chapter 502 of the laws of 2016,
 is amended to read as follows:
   6. A licensed physician may prescribe and order a non-patient specific
 regimen [to a registered professional nurse],  pursuant  to  regulations
 promulgated  by  the commissioner, and consistent with the public health
 law, [for] TO:
   (a) A REGISTERED PROFESSIONAL NURSE FOR:
   (I) administering immunizations[.];
   [(b)] (II) the emergency treatment of anaphylaxis[.];
   [(c)] (III) administering purified protein derivative (PPD)  tests  or
 other tests to detect or screen for tuberculosis infections[.];
   [(d)]  (IV) administering tests to determine the presence of the human
 immunodeficiency virus[.];
   [(e)] (V) administering tests to determine the presence of the hepati-
 tis C virus[.];
   [(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
 TO BE  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION  SIXTY-EIGHT
 HUNDRED THIRTY-TWO OF THIS TITLE;
   (VII)  the urgent or emergency treatment of opioid related overdose or
 suspected opioid related overdose[.]; OR
   [(g)] (VIII) screening of  persons  at  increased  risk  of  syphilis,
 gonorrhea and chlamydia.
   (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
 BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
 THIRTY-TWO OF THIS TITLE.
   §  7.  Subdivision 3 of section 6807 of the education law, as added by
 chapter 573 of the laws of 1999, is amended and a new subdivision  4  is
 added to read as follows:
   3. A pharmacist may dispense drugs and devices to a registered profes-
 sional nurse, and a registered professional nurse may possess and admin-
 ister,  drugs  and  devices,  pursuant to a non-patient specific regimen
 prescribed or ordered by  a  licensed  physician,  LICENSED  MIDWIFE  or
 certified nurse practitioner, pursuant to regulations promulgated by the
 commissioner and the public health law.
   4.  A  PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGIMEN OF EMER-
 GENCY CONTRACEPTION, TO BE SELF-ADMINISTERED BY THE PATIENT,  PRESCRIBED
 OR  ORDERED  BY  A  LICENSED PHYSICIAN, CERTIFIED NURSE PRACTITIONER, OR
 LICENSED MIDWIFE, UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO  OF  THIS
 ARTICLE.
   § 8. The education law is amended by adding a new section 6832 to read
 as follows:
   §  6832. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION OR
 ORDER. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (A)  "EMERGENCY  CONTRACEPTION"  MEANS  ONE  OR  MORE  PRESCRIPTION OR
 NONPRESCRIPTION DRUGS, USED SEPARATELY OR IN COMBINATION,  IN  A  DOSAGE
 AND  MANNER  FOR PREVENTING PREGNANCY WHEN USED AFTER INTERCOURSE, FOUND

 A. 9505--B                         166
 
 SAFE AND EFFECTIVE FOR THAT USE BY  THE  UNITED  STATES  FOOD  AND  DRUG
 ADMINISTRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.
   (B)  "PRESCRIBER"  MEANS A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTI-
 TIONER OR LICENSED MIDWIFE.
   2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
 CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF
 EMERGENCY  CONTRACEPTION  BY  A  LICENSED  PHARMACIST  PURSUANT   TO   A
 PRESCRIPTION OR ORDER FOR A NON-PATIENT SPECIFIC REGIMEN MADE BY A PRES-
 CRIBER UNDER SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN, SIXTY-NINE HUNDRED
 NINE  OR  SIXTY-NINE  HUNDRED FIFTY-ONE OF THIS TITLE. THIS SECTION DOES
 NOT APPLY TO ADMINISTERING OR DISPENSING  EMERGENCY  CONTRACEPTION  WHEN
 LAWFULLY DONE WITHOUT SUCH A PRESCRIPTION OR ORDER.
   3.  THE  ADMINISTERING  OR  DISPENSING OF EMERGENCY CONTRACEPTION BY A
 REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF EMERGENCY  CONTRACEP-
 TION  BY  A LICENSED PHARMACIST SHALL BE DONE IN ACCORDANCE WITH PROFES-
 SIONAL STANDARDS OF PRACTICE AND IN ACCORDANCE WITH  WRITTEN  PROCEDURES
 AND PROTOCOLS AGREED TO BY THE REGISTERED PROFESSIONAL NURSE OR LICENSED
 PHARMACIST  AND  THE  PRESCRIBER  OR  A HOSPITAL (LICENSED UNDER ARTICLE
 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT  PROVIDES  GYNECOLOGICAL  OR
 FAMILY PLANNING SERVICES.
   4.  (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED, THE
 REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST  SHALL  PROVIDE  TO
 THE  PATIENT  WRITTEN MATERIAL THAT INCLUDES: (I) THE CLINICAL CONSIDER-
 ATIONS AND RECOMMENDATIONS FOR USE OF THE  DRUG;  (II)  THE  APPROPRIATE
 METHOD  FOR  USING  THE  DRUG;  (III)  INFORMATION  ON THE IMPORTANCE OF
 FOLLOW-UP HEALTH CARE; (IV) INFORMATION ON THE HEALTH  RISKS  AND  OTHER
 DANGERS  OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION RELAT-
 ING TO HEALTH CARE AND SERVICES RELATING TO SEXUAL  ABUSE  AND  DOMESTIC
 VIOLENCE.
   (B)  SUCH  WRITTEN  MATERIAL  SHALL  BE  DEVELOPED  OR APPROVED BY THE
 COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
 ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
   § 9. Subdivision 4 of section 6909 of the education law, as  added  by
 chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
 of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
 as added by section 5 of part V of chapter 57 of the laws  of  2015  and
 paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
 read as follows:
   4.  A  certified  nurse practitioner may prescribe and order a non-pa-
 tient specific regimen [to a registered professional nurse], pursuant to
 regulations promulgated by the commissioner, consistent with subdivision
 three of section [six thousand nine]  SIXTY-NINE  hundred  two  of  this
 article, and consistent with the public health law, for:
   (a) A REGISTERED PROFESSIONAL NURSE FOR:
   (I) administering immunizations[.];
   [(b)] (II) the emergency treatment of anaphylaxis[.];
   [(c)]  (III)  administering purified protein derivative (PPD) tests or
 other tests to detect or screen for tuberculosis infections[.];
   [(d)] (IV) administering tests to determine the presence of the  human
 immunodeficiency virus[.];
   [(e)] (V) administering tests to determine the presence of the hepati-
 tis C virus[.];

 A. 9505--B                         167
 
   [(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
 TO  BE  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT
 HUNDRED THIRTY-TWO OF THIS TITLE;
   (VII)  the urgent or emergency treatment of opioid related overdose or
 suspected opioid related overdose[.]; OR
   [(g)] (VIII) screening of persons  at  increased  risk  for  syphilis,
 gonorrhea and chlamydia.
   (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
 BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
 THIRTY-TWO OF THIS TITLE.
   §  10. Subdivision 5 of section 6909 of the education law, as added by
 chapter 573 of the laws of 1999, is amended to read as follows:
   5. A registered professional nurse may execute a non-patient  specific
 regimen  prescribed or ordered by a licensed physician, LICENSED MIDWIFE
 or certified nurse practitioner, pursuant to regulations promulgated  by
 the commissioner.
   §  11.  Section  6951  of the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
 REGIMEN   PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER,
 CONSISTENT WITH THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
   (A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
 ADMINISTERED TO OR DISPENSED TO BE  SELF-ADMINISTERED  BY  THE  PATIENT,
 UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS TITLE; OR
   (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
 BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
 THIRTY-TWO OF THIS TITLE.
   § 12. Subdivision 1 of section 207 of the public health law is amended
 by adding a new paragraph (o) to read as follows:
   (O)  EMERGENCY  CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
 EFFICACY, APPROPRIATE USE AND AVAILABILITY.
   § 13. This act shall  take  effect  January  1,  2019;  provided  that
 section  six  of  this  act shall take effect January 1, 2020; provided,
 however, that effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and  completed by the commissioner of education and the board of regents
 on or before such effective date.
 
                                 SUBPART B
 
   Section 1. The public health law is amended by adding  a  new  article
 25-A to read as follows:
                               ARTICLE 25-A
                          REPRODUCTIVE HEALTH ACT
 SECTION 2599-AA. ABORTION.
   § 2599-AA. ABORTION.  1.  A  HEALTH CARE PRACTITIONER LICENSED, CERTI-
 FIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITH-
 IN HIS OR HER LAWFUL SCOPE OF PRACTICE, MAY PERFORM  AN  ABORTION  WHEN,
 ACCORDING  TO  THE PRACTITIONER'S REASONABLE AND GOOD FAITH PROFESSIONAL
 JUDGMENT BASED ON THE FACTS OF THE PATIENT'S CASE: THE PATIENT IS WITHIN
 TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF PREGNANCY,  OR  THERE  IS  AN
 ABSENCE  OF FETAL VIABILITY, OR THE ABORTION IS NECESSARY TO PROTECT THE
 PATIENT'S LIFE OR HEALTH.

 A. 9505--B                         168
 
   2. THIS ARTICLE SHALL BE CONSTRUED AND  APPLIED  CONSISTENT  WITH  AND
 SUBJECT  TO  APPLICABLE  LAWS  AND APPLICABLE AND AUTHORIZED REGULATIONS
 GOVERNING HEALTH CARE PROCEDURES.
   § 2. Section 4164 of the public health law is REPEALED.
   § 3. Subdivision 8 of section 6811 of the education law is REPEALED.
   §  4.  Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal
 law are REPEALED, and the article heading of article 125  of  the  penal
 law is amended to read as follows:
                  HOMICIDE[, ABORTION] AND RELATED OFFENSES
   § 5. Section 125.00 of the penal law is amended to read as follows:
 § 125.00 Homicide defined.
   Homicide  means  conduct  which  causes  the  death of a person [or an
 unborn child with which a female has been pregnant for more  than  twen-
 ty-four  weeks] under circumstances constituting murder, manslaughter in
 the first degree, manslaughter  in  the  second  degree,  OR  criminally
 negligent  homicide[,  abortion  in the first degree or self-abortion in
 the first degree].
   § 6. The section heading,  opening  paragraph  and  subdivision  1  of
 section 125.05 of the penal law are amended to read as follows:
   Homicide[,  abortion]  and  related  offenses;  [definitions of terms]
 DEFINITION.
   The following [definitions are] DEFINITION IS applicable to this arti-
 cle:
   [1.] "Person," when referring to the victim of  a  homicide,  means  a
 human being who has been born and is alive.
   §  7.  Subdivisions  2  and  3  of section 125.05 of the penal law are
 REPEALED.
   § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED.
   § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED.
   § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 368 of the laws of 2015, is amended
 to read as follows:
   (b) Any of the following felonies: assault in  the  second  degree  as
 defined  in section 120.05 of the penal law, assault in the first degree
 as defined in section 120.10 of the penal law, reckless endangerment  in
 the  first degree as defined in section 120.25 of the penal law, promot-
 ing a suicide attempt as defined in section 120.30  of  the  penal  law,
 strangulation  in  the second degree as defined in section 121.12 of the
 penal law, strangulation in the  first  degree  as  defined  in  section
 121.13  of  the  penal  law, criminally negligent homicide as defined in
 section 125.10 of the penal law, manslaughter in the  second  degree  as
 defined  in  section  125.15 of the penal law, manslaughter in the first
 degree as defined in section 125.20 of the  penal  law,  murder  in  the
 second  degree  as defined in section 125.25 of the penal law, murder in
 the first degree  as  defined  in  section  125.27  of  the  penal  law,
 [abortion in the second degree as defined in section 125.40 of the penal
 law,  abortion  in  the first degree as defined in section 125.45 of the
 penal law,] rape in the third degree as defined in section 130.25 of the
 penal law, rape in the second degree as defined in section 130.30 of the
 penal law, rape in the first degree as defined in section 130.35 of  the
 penal law, criminal sexual act in the third degree as defined in section
 130.40  of  the  penal  law, criminal sexual act in the second degree as
 defined in section 130.45 of the penal law, criminal sexual act  in  the
 first degree as defined in section 130.50 of the penal law, sexual abuse
 in  the  first  degree  as  defined  in section 130.65 of the penal law,
 unlawful imprisonment in the first degree as defined in  section  135.10

 A. 9505--B                         169
 
 of  the penal law, kidnapping in the second degree as defined in section
 135.20 of the penal law, kidnapping in the first degree  as  defined  in
 section 135.25 of the penal law, labor trafficking as defined in section
 135.35  of  the  penal  law,  aggravated labor trafficking as defined in
 section 135.37 of the penal law, custodial  interference  in  the  first
 degree  as  defined  in section 135.50 of the penal law, coercion in the
 first degree as defined in section 135.65 of  the  penal  law,  criminal
 trespass  in  the first degree as defined in section 140.17 of the penal
 law, burglary in the third degree as defined in section  140.20  of  the
 penal law, burglary in the second degree as defined in section 140.25 of
 the penal law, burglary in the first degree as defined in section 140.30
 of  the  penal  law, criminal mischief in the third degree as defined in
 section 145.05 of the penal law, criminal mischief in the second  degree
 as  defined in section 145.10 of the penal law, criminal mischief in the
 first degree as defined in section 145.12 of  the  penal  law,  criminal
 tampering  in the first degree as defined in section 145.20 of the penal
 law, arson in the fourth degree as defined  in  section  150.05  of  the
 penal law, arson in the third degree as defined in section 150.10 of the
 penal  law,  arson  in the second degree as defined in section 150.15 of
 the penal law, arson in the first degree as defined in section 150.20 of
 the penal law, grand larceny in the fourth degree as defined in  section
 155.30 of the penal law, grand larceny in the third degree as defined in
 section  155.35  of the penal law, grand larceny in the second degree as
 defined in section 155.40 of the penal law, grand larceny in  the  first
 degree  as defined in section 155.42 of the penal law, health care fraud
 in the fourth degree as defined in section  177.10  of  the  penal  law,
 health  care  fraud  in the third degree as defined in section 177.15 of
 the penal law, health care fraud in the  second  degree  as  defined  in
 section  177.20  of the penal law, health care fraud in the first degree
 as defined in section 177.25 of the penal  law,  robbery  in  the  third
 degree  as  defined  in  section 160.05 of the penal law, robbery in the
 second degree as defined in section 160.10 of the penal law, robbery  in
 the first degree as defined in section 160.15 of the penal law, unlawful
 use  of  secret  scientific material as defined in section 165.07 of the
 penal law, criminal possession of stolen property in the  fourth  degree
 as  defined  in  section 165.45 of the penal law, criminal possession of
 stolen property in the third degree as defined in section 165.50 of  the
 penal  law,  criminal possession of stolen property in the second degree
 as defined by section 165.52 of the penal law,  criminal  possession  of
 stolen  property in the first degree as defined by section 165.54 of the
 penal law, trademark counterfeiting in the second degree as  defined  in
 section  165.72  of the penal law, trademark counterfeiting in the first
 degree as defined in section 165.73 of the penal  law,  forgery  in  the
 second  degree as defined in section 170.10 of the penal law, forgery in
 the first degree as defined in section 170.15 of the penal law, criminal
 possession of a forged instrument in the second  degree  as  defined  in
 section 170.25 of the penal law, criminal possession of a forged instru-
 ment  in the first degree as defined in section 170.30 of the penal law,
 criminal possession of forgery devices as defined in section  170.40  of
 the  penal  law,  falsifying  business  records  in  the first degree as
 defined in section 175.10  of  the  penal  law,  tampering  with  public
 records  in  the  first degree as defined in section 175.25 of the penal
 law, offering a false instrument for  filing  in  the  first  degree  as
 defined  in section 175.35 of the penal law, issuing a false certificate
 as defined in section 175.40 of the penal  law,  criminal  diversion  of
 prescription  medications  and  prescriptions  in  the  second degree as

 A. 9505--B                         170
 
 defined in section 178.20  of  the  penal  law,  criminal  diversion  of
 prescription  medications  and  prescriptions  in  the  first  degree as
 defined in section 178.25 of the penal law, residential  mortgage  fraud
 in  the  fourth  degree  as  defined in section 187.10 of the penal law,
 residential mortgage fraud in the third degree  as  defined  in  section
 187.15 of the penal law, residential mortgage fraud in the second degree
 as  defined  in  section  187.20  of the penal law, residential mortgage
 fraud in the first degree as defined in section 187.25 of the penal law,
 escape in the second degree as defined in section 205.10  of  the  penal
 law,  escape  in  the  first  degree as defined in section 205.15 of the
 penal law, absconding from temporary release  in  the  first  degree  as
 defined  in section 205.17 of the penal law, promoting prison contraband
 in the first degree as defined in  section  205.25  of  the  penal  law,
 hindering  prosecution in the second degree as defined in section 205.60
 of the penal law, hindering prosecution in the first degree  as  defined
 in  section  205.65  of  the  penal  law,  sex trafficking as defined in
 section 230.34 of the penal law, criminal possession of a weapon in  the
 third  degree  as defined in subdivisions two, three and five of section
 265.02 of the penal law, criminal possession of a weapon in  the  second
 degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
 possession of a weapon in the first degree as defined in section  265.04
 of  the penal law, manufacture, transport, disposition and defacement of
 weapons and dangerous instruments and appliances defined as felonies  in
 subdivisions  one,  two,  and  three of section 265.10 of the penal law,
 sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
 of  weapons as defined in subdivision two of section 265.35 of the penal
 law, relating to firearms and other dangerous  weapons,  or  failure  to
 disclose  the  origin  of  a recording in the first degree as defined in
 section 275.40 of the penal law;
   § 11. Subdivision 1 of section 673 of the  county  law,  as  added  by
 chapter 545 of the laws of 1965, is amended to read as follows:
   1.  A  coroner  or  medical examiner has jurisdiction and authority to
 investigate the death of every person dying within his county, or  whose
 body is found within the county, which is or appears to be:
   (a)  A violent death, whether by criminal violence, suicide or casual-
 ty;
   (b) A death caused by unlawful act or criminal neglect;
   (c) A death occurring in a suspicious, unusual or unexplained manner;
   (d) [A death caused by suspected criminal abortion;
   (e)] A death while unattended by a physician, so far as can be discov-
 ered, or where no physician able  to  certify  the  cause  of  death  as
 provided  in  the  public  health  law  and in form as prescribed by the
 commissioner of health can be found;
   [(f)] (E) A death of a person confined in a public  institution  other
 than a hospital, infirmary or nursing home.
   § 12. Section 4 of the judiciary law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
   §  4.  Sittings  of  courts  to be public. The sittings of every court
 within this state shall be public, and every citizen may  freely  attend
 the  same,  except  that  in  all  proceedings  and  trials in cases for
 divorce, seduction, [abortion,] rape,  assault  with  intent  to  commit
 rape,  criminal sexual act, bastardy or filiation, the court may, in its
 discretion, exclude therefrom all persons who are  not  directly  inter-
 ested therein, excepting jurors, witnesses, and officers of the court.
   § 13. This act shall take effect immediately.

 A. 9505--B                         171
 
                                 SUBPART C

   Section  1.  The  public health law is amended by adding a new section
 2509 to read as follows:
   § 2509. MATERNAL MORTALITY REVIEW BOARD. 1. (A) THERE IS HEREBY ESTAB-
 LISHED IN THE DEPARTMENT THE MATERNAL MORTALITY  REVIEW  BOARD  FOR  THE
 PURPOSE  OF  REVIEWING MATERNAL DEATHS AND MATERNAL MORBIDITY. THE BOARD
 SHALL ASSESS THE CAUSE  OF  DEATH  AND  FACTORS  LEADING  TO  DEATH  AND
 PREVENTABILITY  FOR  EACH MATERNAL DEATH REVIEWED AND, IN THE DISCRETION
 OF THE BOARD, CASES OF SEVERE MATERNAL MORBIDITY, AND TO DEVELOP STRATE-
 GIES FOR REDUCING THE RISK OF MATERNAL  MORTALITY,  AND  TO  ASSESS  AND
 REVIEW  MATERNAL  MORBIDITY.  EACH  BOARD  SHALL CONSULT WITH EXPERTS AS
 NEEDED TO EVALUATE THE INFORMATION  AS  TO  MATERNAL  DEATH  AND  SEVERE
 MATERNAL  MORBIDITY.  THE COMMISSIONER MAY DELEGATE THE AUTHORITY OF THE
 STATE BOARD TO CONDUCT MATERNAL MORTALITY REVIEWS.
   (B) THE COMMISSIONER MAY  ENTER  INTO  AN  AGREEMENT  WITH  THE  LOCAL
 GOVERNMENT BY OR UNDER WHICH A LOCAL BOARD IS ESTABLISHED PROVIDING:
   (I)  THAT THE FUNCTIONS OF THE STATE BOARD RELATING TO MATERNAL DEATHS
 AND SEVERE MATERNAL MORBIDITY OCCURRING  WITHIN  THE  TERRITORY  OF  THE
 LOCAL GOVERNMENT SHALL BE CONDUCTED BY THE LOCAL BOARD;
   (II)  THE  LOCAL BOARD SHALL PROVIDE TO THE STATE BOARD THE RESULTS OF
 ITS REVIEWS, RELEVANT INFORMATION IN THE POSSESSION OF THE LOCAL  BOARD,
 AND THE RECOMMENDATIONS OF THE LOCAL BOARD; AND
   (III) THE DEPARTMENT AND THE STATE BOARD SHALL PROVIDE INFORMATION AND
 ASSISTANCE TO THE LOCAL BOARD FOR THE PERFORMANCE OF ITS FUNCTIONS.
   (C) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (I) "BOARD" SHALL MEAN THE MATERNAL MORTALITY REVIEW BOARD ESTABLISHED
 BY  THIS SECTION AND A MATERNAL MORTALITY REVIEW BOARD ESTABLISHED BY OR
 UNDER A COUNTY DEPARTMENT OF HEALTH OR THE  CITY  OF  NEW  YORK.  "STATE
 BOARD" SHALL MEAN THE BOARD ESTABLISHED WITHIN THE DEPARTMENT AND "LOCAL
 BOARD" SHALL MEAN A BOARD ESTABLISHED BY OR UNDER A COUNTY DEPARTMENT OF
 HEALTH OR THE CITY OF NEW YORK;
   (II)  "MATERNAL  DEATH" MEANS THE DEATH OF A WOMAN DURING PREGNANCY OR
 WITHIN A YEAR FROM THE END OF THE PREGNANCY; AND
   (III) "SEVERE MATERNAL MORBIDITY" MEANS UNEXPECTED OUTCOMES  OF  PREG-
 NANCY, LABOR, OR DELIVERY THAT RESULT IN SIGNIFICANT SHORT- OR LONG-TERM
 CONSEQUENCES TO A WOMAN'S HEALTH.
   2. EACH BOARD:
   (A)  SHALL MAKE RECOMMENDATIONS TO THE COMMISSIONER, OR IN THE CASE OF
 A LOCAL BOARD, TO THE APPROPRIATE LOCAL HEALTH  OFFICER,  REGARDING  THE
 PREVENTABILITY  OF EACH MATERNAL DEATH CASE BY REVIEWING RELEVANT INFOR-
 MATION FOR EACH CASE IN THE STATE OR THE TERRITORY OF THE  LOCAL  BOARD,
 AS  THE CASE MAY BE, AND REGARDING THE IMPROVEMENT OF WOMEN'S HEALTH AND
 THE QUALITY OF HEALTH CARE OF  WOMEN  AND  THE  PREVENTION  OF  MATERNAL
 MORTALITY AND SEVERE MATERNAL MORBIDITY.
   (B)  SHALL KEEP CONFIDENTIAL ANY INDIVIDUAL IDENTIFYING INFORMATION AS
 TO A PATIENT OR HEALTH CARE PROVIDER COLLECTED UNDER THIS  SECTION  THAT
 IS OTHERWISE CONFIDENTIAL OR PRIVILEGED, AS PROVIDED BY LAW. ALL RECORDS
 RECEIVED,  MEETINGS  CONDUCTED,  REPORTS AND RECORDS MADE AND MAINTAINED
 AND ALL BOOKS AND PAPERS OBTAINED BY THE BOARD SHALL BE CONFIDENTIAL AND
 SHALL NOT BE OPEN OR MADE AVAILABLE, EXCEPT BY COURT ORDER, AND SHALL BE
 LIMITED TO BOARD MEMBERS AS WELL AS THOSE AUTHORIZED BY THE COMMISSIONER
 OR, IN THE CASE OF A LOCAL BOARD, THE LOCAL  HEALTH  OFFICER,  PROVIDED,
 HOWEVER THAT WHERE THE COMMISSIONER OR LOCAL HEALTH OFFICER, AS THE CASE
 MAY  BE,  BELIEVES  THAT ANY SUCH INFORMATION INCLUDES EVIDENCE THAT THE
 DEATH OR SEVERE MATERNAL MORBIDITY WAS THE RESULT OF A  CRIME  COMMITTED

 A. 9505--B                         172
 
 AGAINST  SUCH  WOMAN,  SUCH  COMMISSIONER  OR  LOCAL  HEALTH OFFICER MAY
 PROVIDE INFORMATION TO AN APPROPRIATE LAW ENFORCEMENT AGENCY. EXCEPT  AS
 PROVIDED  IN  THIS SECTION, THE INFORMATION COLLECTED UNDER THIS SECTION
 SHALL  BE  USED SOLELY FOR THE PURPOSES OF IMPROVEMENT OF WOMEN'S HEALTH
 AND THE QUALITY OF HEALTH CARE OF WOMEN, AND TO PREVENT MATERNAL MORTAL-
 ITY AND MORBIDITY. ACCESS TO SUCH INFORMATION SHALL BE LIMITED TO  BOARD
 MEMBERS  AS WELL AS THOSE AUTHORIZED BY THE COMMISSIONER OR, IN THE CASE
 OF A LOCAL BOARD, THE LOCAL HEALTH OFFICER.
   (C) SHALL DEVELOP RECOMMENDATIONS TO THE COMMISSIONER AND LOCAL HEALTH
 OFFICER, AS THE CASE MAY BE, FOR AREAS OF  FOCUS,  INCLUDING  ISSUES  OF
 SEVERE MATERNAL MORBIDITY AND RACIAL DISPARITIES IN MATERNAL OUTCOMES.
   (D)  MAY, IN ADDITION TO THE RECOMMENDATIONS DEVELOPED UNDER PARAGRAPH
 (C) OF THIS SUBDIVISION, AND  CONSISTENT  WITH  ALL  FEDERAL  AND  STATE
 CONFIDENTIALITY  PROTECTIONS,  PROVIDE RECOMMENDATIONS TO ANY INDIVIDUAL
 OR ENTITY FOR APPROPRIATE ACTIONS TO REDUCE THE  INSTANCES  OF  MATERNAL
 MORTALITY AND MORBIDITY.
   (E) SHALL ISSUE AN ANNUAL REPORT (EXCLUDING ANY INDIVIDUAL IDENTIFYING
 INFORMATION AS TO A PATIENT OR HEALTH CARE PROVIDER) ON ITS FINDINGS AND
 RECOMMENDATIONS, WHICH SHALL BE A PUBLIC DOCUMENT.
   3. (A) THE MEMBERS OF THE STATE BOARD SHALL BE COMPOSED OF MULTIDISCI-
 PLINARY  EXPERTS  IN  THE  FIELD  OF MATERNAL MORTALITY. THE STATE BOARD
 SHALL BE COMPOSED OF AT LEAST FIFTEEN MEMBERS,  ALL  OF  WHOM  SHALL  BE
 APPOINTED  BY  THE  COMMISSIONER.  THE  TERMS OF THE STATE BOARD MEMBERS
 SHALL BE THREE YEARS FROM THE START OF THEIR  APPOINTMENT.  THE  COMMIS-
 SIONER  MAY  CHOOSE  TO REAPPOINT BOARD MEMBERS TO ADDITIONAL THREE YEAR
 TERMS.
   (B) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE STATE BOARD, NO LESS
 THAN THREE, SHALL CONSTITUTE A QUORUM.
   (C) WHEN ANY MEMBER OF STATE THE BOARD FAILS TO ATTEND  THREE  CONSEC-
 UTIVE  REGULAR  MEETINGS,  UNLESS  SUCH  ABSENCE IS FOR GOOD CAUSE, THAT
 MEMBERSHIP MAY BE DEEMED VACANT FOR PURPOSES OF  THE  APPOINTMENT  OF  A
 SUCCESSOR.
   (D)  MEETINGS  OF  THE STATE BOARD SHALL BE HELD AT LEAST TWICE A YEAR
 BUT MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO  REQUEST
 OF THE DEPARTMENT.
   4.  MEMBERS  OF  EACH  BOARD  SHALL BE INDEMNIFIED PURSUANT TO SECTION
 SEVENTEEN OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF  THE  GENERAL
 MUNICIPAL LAW, AS THE CASE MAY BE.
   5.  THE  COMMISSIONER,  AND  IN  THE  CASE OF A LOCAL BOARD, THE LOCAL
 HEALTH OFFICER, MAY REQUEST AND SHALL  RECEIVE  UPON  REQUEST  FROM  ANY
 DEPARTMENT,  DIVISION,  BOARD,  BUREAU, COMMISSION, LOCAL HEALTH DEPART-
 MENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION  THEREOF  OR
 ANY PUBLIC AUTHORITY, AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO ARTI-
 CLE  TWENTY-EIGHT  OF THIS CHAPTER, BIRTHING FACILITIES, MEDICAL EXAMIN-
 ERS, CORONERS, AND ANY CORONER PHYSICIANS AND ANY OTHER FACILITY PROVID-
 ING SERVICES  ASSOCIATED  WITH  MATERNAL  MORTALITY,  SUCH  INFORMATION,
 INCLUDING,  BUT  NOT LIMITED TO, DEATH RECORDS, MEDICAL RECORDS, AUTOPSY
 REPORTS, TOXICOLOGY REPORTS, HOSPITAL DISCHARGE RECORDS,  BIRTH  RECORDS
 AND  ANY  OTHER  INFORMATION  THAT  WILL  HELP THE DEPARTMENT UNDER THIS
 SECTION TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
   § 2. The legislature finds and determines that this act relates  to  a
 matter of state concern.
   § 3. This act shall take effect immediately.
 
                                 SUBPART D

 A. 9505--B                         173
 
   Section  1.  Section  6523 of the education law, as amended by chapter
 364 of the laws of 1991, is amended to read as follows:
   § 6523. State board for medicine.  A state board for medicine shall be
 appointed  by the board of regents on recommendation of the commissioner
 for the purpose of assisting the board of regents and the department  on
 matters  of professional licensing in accordance with section sixty-five
 hundred eight of this title. The board shall be  composed  of  not  less
 than  twenty  physicians licensed in this state for at least five years,
 two of whom shall be doctors of osteopathy. AT LEAST ONE OF  THE  PHYSI-
 CIAN  APPOINTEES  TO  THE STATE BOARD FOR MEDICINE SHALL BE AN EXPERT ON
 REDUCING HEALTH DISPARITIES AMONG DEMOGRAPHIC SUBGROUPS, AND  ONE  SHALL
 BE AN EXPERT ON WOMEN'S HEALTH. The board shall also consist of not less
 than  two physician's assistants licensed to practice in this state. The
 participation of physician's  assistant  members  shall  be  limited  to
 matters relating to article one hundred thirty-one-B of this chapter. An
 executive  secretary  to  the  board  shall be appointed by the board of
 regents on recommendation of the commissioner  and  shall  be  either  a
 physician licensed in this state or a non-physician, deemed qualified by
 the commissioner and board of regents.
   § 2. This act shall take effect immediately.
 
                                 SUBPART E
 
   Section  1.  Subdivision  17  of  section  265.00  of the penal law is
 amended by adding a new paragraph (c) to read as follows:
   (C) ANY OF THE FOLLOWING OFFENSES, WHERE THE DEFENDANT AND THE  PERSON
 AGAINST  WHOM  THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF  THE
 CRIMINAL  PROCEDURE  LAW:  ASSAULT  IN THE THIRD DEGREE; MENACING IN THE
 THIRD DEGREE; MENACING IN THE SECOND  DEGREE;  CRIMINAL  OBSTRUCTION  OF
 BREATHING  OR  BLOOD  CIRCULATION;  UNLAWFUL  IMPRISONMENT IN THE SECOND
 DEGREE; COERCION IN THE SECOND DEGREE; CRIMINAL MISCHIEF IN  THE  FOURTH
 DEGREE; CRIMINAL TAMPERING IN THE THIRD DEGREE; CRIMINAL CONTEMPT IN THE
 SECOND  DEGREE; HARASSMENT IN THE FIRST DEGREE; AGGRAVATED HARASSMENT IN
 THE SECOND DEGREE; CRIMINAL TRESPASS IN THE THIRD DEGREE; CRIMINAL TRES-
 PASS IN THE SECOND DEGREE; ARSON IN THE FIFTH DEGREE;  STALKING  IN  THE
 FOURTH DEGREE; STALKING IN THE THIRD DEGREE; SEXUAL MISCONDUCT; FORCIBLE
 TOUCHING;  SEXUAL  ABUSE IN THE THIRD DEGREE; SEXUAL ABUSE IN THE SECOND
 DEGREE; ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 370.20 to read as follows:
 § 370.20 PROCEDURE  FOR  DETERMINING  WHETHER CERTAIN MISDEMEANOR CRIMES
            ARE SERIOUS OFFENSES UNDER THE PENAL LAW.
   1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT IN THE THIRD DEGREE,
 MENACING IN THE THIRD DEGREE, MENACING IN THE  SECOND  DEGREE,  CRIMINAL
 OBSTRUCTION  OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN
 THE SECOND DEGREE, COERCION IN THE SECOND DEGREE, CRIMINAL  MISCHIEF  IN
 THE  FOURTH  DEGREE,  CRIMINAL  TAMPERING  IN THE THIRD DEGREE, CRIMINAL
 CONTEMPT IN THE SECOND DEGREE, HARASSMENT IN THE  FIRST  DEGREE,  AGGRA-
 VATED  HARASSMENT  IN  THE SECOND DEGREE, CRIMINAL TRESPASS IN THE THIRD
 DEGREE, CRIMINAL TRESPASS IN THE  SECOND  DEGREE,  ARSON  IN  THE  FIFTH
 DEGREE,  STALKING  IN  THE  FOURTH DEGREE, STALKING IN THE THIRD DEGREE,
 SEXUAL MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD  DEGREE,
 SEXUAL  ABUSE  IN  THE  SECOND  DEGREE,  OR ATTEMPT TO COMMIT ANY OF THE
 ABOVE-LISTED OFFENSES, THE PEOPLE MAY, AT ARRAIGNMENT OR NO  LATER  THAN
 FORTY-FIVE  DAYS  AFTER  ARRAIGNMENT, FOR THE PURPOSE OF NOTIFICATION TO

 A. 9505--B                         174
 
 THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION 380.98  OF
 THIS  PART,  SERVE  ON  THE  DEFENDANT  AND FILE WITH THE COURT A NOTICE
 ALLEGING THAT THE DEFENDANT AND THE PERSON ALLEGED TO BE THE  VICTIM  OF
 SUCH  CRIME  WERE  MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN
 SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
   2. SUCH NOTICE SHALL INCLUDE THE NAME OF THE PERSON ALLEGED TO BE  THE
 VICTIM  OF  SUCH  CRIME  AND  SHALL  SPECIFY  THE  NATURE OF THE ALLEGED
 RELATIONSHIP AS SET FORTH IN SUBDIVISION ONE OF SECTION 530.11  OF  THIS
 CHAPTER.  UPON  CONVICTION  OF  SUCH OFFENSE, THE COURT SHALL ADVISE THE
 DEFENDANT THAT HE OR SHE IS ENTITLED TO A HEARING SOLELY ON THE  ALLEGA-
 TION  CONTAINED  IN  THE NOTICE AND, IF NECESSARY, AN ADJOURNMENT OF THE
 SENTENCING PROCEEDING IN ORDER TO PREPARE FOR SUCH HEARING, AND THAT  IF
 SUCH  ALLEGATION IS SUSTAINED, THAT DETERMINATION AND CONVICTION WILL BE
 REPORTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   3. AFTER HAVING BEEN ADVISED BY THE COURT AS PROVIDED  IN  SUBDIVISION
 TWO OF THIS SECTION, THE DEFENDANT MAY STIPULATE OR ADMIT, ORALLY ON THE
 RECORD  OR  IN  WRITING,  THAT  HE  OR SHE IS RELATED OR SITUATED TO THE
 VICTIM OF SUCH CRIME IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF  THIS
 SECTION. IN SUCH CASE, SUCH RELATIONSHIP SHALL BE DEEMED ESTABLISHED FOR
 PURPOSES OF SECTION 380.98 OF THIS PART. IF THE DEFENDANT DENIES THAT HE
 OR  SHE  IS RELATED OR SITUATED TO THE VICTIM OF THE CRIME AS ALLEGED IN
 THE NOTICE SERVED BY THE PEOPLE, OR STANDS MUTE  WITH  RESPECT  TO  SUCH
 ALLEGATION,  THEN  THE  PEOPLE  SHALL  BEAR THE BURDEN TO PROVE BEYOND A
 REASONABLE DOUBT THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM
 IN THE MANNER ALLEGED IN THE NOTICE. THE  COURT  MAY  CONSIDER  RELIABLE
 HEARSAY  EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT IS RELEVANT
 TO THE DETERMINATION OF THE ALLEGATION. FACTS PREVIOUSLY PROVEN AT TRIAL
 OR ELICITED AT THE TIME OF ENTRY OF A PLEA OF  GUILTY  SHALL  BE  DEEMED
 ESTABLISHED  BEYOND  A REASONABLE DOUBT AND SHALL NOT BE RELITIGATED. AT
 THE CONCLUSION OF THE HEARING, OR UPON SUCH A STIPULATION OR  ADMISSION,
 AS  APPLICABLE,  THE  COURT  SHALL MAKE A SPECIFIC WRITTEN DETERMINATION
 WITH RESPECT TO SUCH ALLEGATION.
   § 3. The criminal procedure law is amended by  adding  a  new  section
 380.98 to read as follows:
 § 380.98 NOTIFICATION  TO  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  OF
            CERTAIN MISDEMEANOR CONVICTIONS.
   UPON JUDGMENT OF CONVICTION OF ASSAULT IN THE THIRD  DEGREE,  MENACING
 IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION
 OF  BREATHING  OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN THE SECOND
 DEGREE, COERCION IN THE SECOND DEGREE, CRIMINAL MISCHIEF IN  THE  FOURTH
 DEGREE, CRIMINAL TAMPERING IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE
 SECOND  DEGREE, HARASSMENT IN THE FIRST DEGREE, OR AGGRAVATED HARASSMENT
 IN THE SECOND DEGREE, CRIMINAL TRESPASS IN THE  THIRD  DEGREE,  CRIMINAL
 TRESPASS  IN  THE  SECOND DEGREE, ARSON IN THE FIFTH DEGREE, STALKING IN
 THE FOURTH DEGREE, STALKING IN  THE  THIRD  DEGREE,  SEXUAL  MISCONDUCT,
 FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE, SEXUAL ABUSE IN THE
 SECOND  DEGREE,  OR  ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES,
 WHEN THE DEFENDANT AND VICTIM HAVE BEEN DETERMINED, PURSUANT TO  SECTION
 370.20  OF  THIS  PART, TO BE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, THE  CLERK
 OF THE COURT SHALL INCLUDE NOTIFICATION AND A COPY OF THE WRITTEN DETER-
 MINATION  IN  A  REPORT  OF  SUCH CONVICTION TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES TO ENABLE THE DIVISION TO REPORT SUCH DETERMINATION  TO
 THE FEDERAL BUREAU OF INVESTIGATION AND ASSIST THE BUREAU IN IDENTIFYING
 PERSONS  PROHIBITED  FROM  PURCHASING  AND POSSESSING A FIREARM OR OTHER

 A. 9505--B                         175
 
 WEAPON DUE  TO CONVICTION OF AN OFFENSE SPECIFIED IN  PARAGRAPH  (C)  OF
 SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THE PENAL LAW.
   §  4.  Section  530.14 of the criminal procedure law is REPEALED and a
 new section 530.14 is added to read as follows:
 § 530.14 SUSPENSION AND REVOCATION  OF  A  LICENSE  TO  CARRY,  POSSESS,
            REPAIR  OR  DISPOSE  OF  A  FIREARM  OR  FIREARMS PURSUANT TO
            SECTION 400.00 OF THE PENAL LAW AND INELIGIBILITY FOR SUCH  A
            LICENSE; ORDER TO SURRENDER WEAPONS.
   1.  WHENEVER  A  TEMPORARY  ORDER  OF PROTECTION IS ISSUED PURSUANT TO
 SUBDIVISION ONE OF SECTION 530.12 OR SUBDIVISION ONE OF  SECTION  530.13
 OF  THIS  ARTICLE THE COURT SHALL SUSPEND ANY FIREARMS LICENSE POSSESSED
 BY THE DEFENDANT, ORDER THE DEFENDANT INELIGIBLE FOR SUCH A LICENSE  AND
 ORDER  THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
 ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION  SIX  OF  SECTION
 400.05 OF THE PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND
 ANY OTHER FIREARMS OWNED OR POSSESSED BY THE DEFENDANT.
   2.  WHENEVER  AN ORDER OF PROTECTION IS ISSUED PURSUANT TO SUBDIVISION
 FIVE OF SECTION 530.12 OR SUBDIVISION FOUR OF  SECTION  530.13  OF  THIS
 ARTICLE  THE  COURT  SHALL  REVOKE,  SUSPEND  OR CONTINUE TO SUSPEND ANY
 FIREARMS LICENSE POSSESSED BY THE DEFENDANT, ORDER THE DEFENDANT  INELI-
 GIBLE  FOR  SUCH A LICENSE AND ORDER THE IMMEDIATE SURRENDER PURSUANT TO
 SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND
 SUBDIVISION SIX OF SECTION 400.05 OF THE  PENAL  LAW,  OF  ALL  PISTOLS,
 REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS OWNED OR POSSESSED BY
 THE DEFENDANT.
   3.  WHENEVER A DEFENDANT HAS BEEN FOUND PURSUANT TO SUBDIVISION ELEVEN
 OF SECTION 530.12 OR SUBDIVISION EIGHT OF SECTION 530.13 OF THIS ARTICLE
 TO HAVE WILLFULLY FAILED TO OBEY AN ORDER  OF  PROTECTION  ISSUED  BY  A
 COURT OF COMPETENT JURISDICTION IN THIS STATE OR ANOTHER STATE, TERRITO-
 RIAL OR TRIBAL JURISDICTION, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
 PURSUANT TO SUBDIVISION ELEVEN OF SECTION 530.12 OR SUBDIVISION EIGHT OF
 SECTION  530.13  OF  THIS  ARTICLE,  THE  COURT SHALL REVOKE, SUSPEND OR
 CONTINUE TO SUSPEND ANY FIREARMS LICENSE  POSSESSED  BY  THE  DEFENDANT,
 ORDER  THE DEFENDANT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDI-
 ATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVI-
 SION  A  OF  SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE
 PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES,  SHOTGUNS  AND  ANY  OTHER
 FIREARMS OWNED OR POSSESSED BY THE DEFENDANT.
   4.  SUSPENSION.   ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION
 SHALL REMAIN IN EFFECT FOR  THE  DURATION  OF  THE  TEMPORARY  ORDER  OF
 PROTECTION  OR  ORDER  OF  PROTECTION, UNLESS MODIFIED OR VACATED BY THE
 COURT.
   5. SURRENDER.  (A) WHERE AN ORDER TO SURRENDER ONE  OR  MORE  PISTOLS,
 REVOLVERS,  RIFLES,  SHOTGUNS  OR  OTHER  FIREARMS  HAS BEEN ISSUED, THE
 TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION SHALL  SPECIFY  THE
 PLACE  WHERE SUCH WEAPONS SHALL BE SURRENDERED, SHALL SPECIFY A DATE AND
 TIME BY WHICH THE SURRENDER SHALL BE COMPLETED AND, TO THE EXTENT POSSI-
 BLE, SHALL DESCRIBE SUCH WEAPONS TO BE SURRENDERED, AND SHALL DIRECT THE
 AUTHORITY RECEIVING SUCH SURRENDERED WEAPONS TO IMMEDIATELY  NOTIFY  THE
 COURT OF SUCH SURRENDER.
   (B)  THE  PROMPT  SURRENDER OF ONE OR MORE PISTOLS, REVOLVERS, RIFLES,
 SHOTGUNS OR OTHER FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT  TO
 THIS  SECTION  SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES OF
 SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20  OF
 THE  PENAL  LAW. THE DISPOSITION OF ANY SUCH WEAPONS SHALL BE IN ACCORD-

 A. 9505--B                         176
 
 ANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF  SECTION  400.05  OF  THE
 PENAL LAW.
   (C)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
 RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
 DIRECT  THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
 OR OTHER FIREARMS OWNED OR POSSESSED BY A DEFENDANT PURSUANT TO  SECTION
 530.12 OR 530.13 OF THIS ARTICLE.
   6.  NOTICE.    (A)  WHERE  AN  ORDER  REQUIRING SURRENDER, REVOCATION,
 SUSPENSION OR INELIGIBILITY HAS BEEN ISSUED PURSUANT  TO  THIS  SECTION,
 ANY  TEMPORARY  ORDER  OF PROTECTION OR ORDER OF PROTECTION ISSUED SHALL
 STATE THAT SUCH FIREARM LICENSE HAS BEEN SUSPENDED OR  REVOKED  OR  THAT
 THE  DEFENDANT  IS  INELIGIBLE FOR SUCH LICENSE, AS THE CASE MAY BE, AND
 THAT THE DEFENDANT IS PROHIBITED FROM POSSESSING ANY  PISTOL,  REVOLVER,
 RIFLE, SHOTGUN OR OTHER FIREARM.
   (B) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING THE DEFEND-
 ANT  INELIGIBLE  FOR  SUCH  A  LICENSE, OR ORDERING THE SURRENDER OF ANY
 PISTOL, REVOLVER, RIFLE, SHOTGUN  OR  OTHER  FIREARM  SHALL  IMMEDIATELY
 NOTIFY  THE DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY CONCERN-
 ING SUCH ACTION AND, IN THE CASE OF ORDERS OF PROTECTION  AND  TEMPORARY
 ORDERS  OF PROTECTION ISSUED PURSUANT TO SECTION 530.12 OF THIS ARTICLE,
 SHALL IMMEDIATELY NOTIFY THE STATEWIDE REGISTRY OF ORDERS OF PROTECTION.
   (C) THE COURT REVOKING OR  SUSPENDING  THE  LICENSE  OR  ORDERING  THE
 DEFENDANT INELIGIBLE FOR SUCH A LICENSE SHALL GIVE WRITTEN NOTICE THERE-
 OF  WITHOUT  UNNECESSARY  DELAY  TO  THE DIVISION OF STATE POLICE AT ITS
 OFFICE IN THE CITY OF ALBANY.
   (D) WHERE AN ORDER OF REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
 DER IS MODIFIED OR VACATED,  THE  COURT  SHALL  IMMEDIATELY  NOTIFY  THE
 STATEWIDE  REGISTRY  OF  ORDERS  OF  PROTECTION AND THE DULY CONSTITUTED
 POLICE AUTHORITIES OF THE LOCALITY CONCERNING SUCH ACTION AND SHALL GIVE
 WRITTEN NOTICE THEREOF WITHOUT UNNECESSARY  DELAY  TO  THE  DIVISION  OF
 STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
   7.  HEARING.    THE DEFENDANT SHALL HAVE THE RIGHT TO A HEARING BEFORE
 THE COURT REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
 DER ORDER ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN THIS
 SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING ANY SUCH  ORDER  PRIOR
 TO  A HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A HEAR-
 ING, IT SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN  DAYS  OF  THE  DATE
 SUCH ORDER WAS ISSUED.
   8. NOTHING IN THIS SECTION SHALL DELAY OR OTHERWISE INTERFERE WITH THE
 ISSUANCE OF A TEMPORARY ORDER OF PROTECTION OR THE TIMELY ARRAIGNMENT OF
 A DEFENDANT IN CUSTODY.
   §  5.  Section  842-a  of  the  family court act is REPEALED and a new
 section 842-a is added to read as follows:
   § 842-A. SUSPENSION AND REVOCATION OF A  LICENSE  TO  CARRY,  POSSESS,
 REPAIR OR DISPOSE OF A FIREARM OR FIREARMS PURSUANT TO SECTION 400.00 OF
 THE  PENAL  LAW AND INELIGIBILITY FOR SUCH A LICENSE; ORDER TO SURRENDER
 WEAPONS.  1. WHENEVER A TEMPORARY ORDER OF PROTECTION IS ISSUED PURSUANT
 TO SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE,  OR  PURSUANT  TO
 ARTICLE  FOUR,  FIVE,  SIX,  SEVEN  OR  TEN  OF THIS ACT THE COURT SHALL
 SUSPEND ANY FIREARMS LICENSE   POSSESSED BY THE  RESPONDENT,  ORDER  THE
 RESPONDENT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURREN-
 DER  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
 SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE  PENAL  LAW,
 OF  ALL  PISTOLS,  REVOLVERS,  RIFLES,  SHOTGUNS  AND ANY OTHER FIREARMS
 OWNED OR POSSESSED BY THE RESPONDENT.

 A. 9505--B                         177
 
   2. WHENEVER AN ORDER OF PROTECTION IS ISSUED PURSUANT TO SECTION EIGHT
 HUNDRED FORTY-ONE OF THIS PART, OR PURSUANT TO ARTICLE FOUR, FIVE,  SIX,
 SEVEN  OR TEN OF THIS ACT THE COURT SHALL REVOKE, SUSPEND OR CONTINUE TO
 SUSPEND ANY FIREARMS LICENSE POSSESSED  BY  THE  RESPONDENT,  ORDER  THE
 RESPONDENT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURREN-
 DER  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
 SECTION 265.20 AND SUBDIVISION SIX OF  SECTION 400.05 OF THE PENAL  LAW,
 OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS OWNED
 OR POSSESSED BY THE RESPONDENT.
   3.  WHENEVER  A  RESPONDENT  HAS  BEEN FOUND PURSUANT TO SECTION EIGHT
 HUNDRED FORTY-SIX-A OF THIS PART TO HAVE WILLFULLY  FAILED  TO  OBEY  AN
 ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT TO
 THIS ACT OR THE DOMESTIC RELATIONS LAW, OR BY THIS COURT OR BY  A  COURT
 OF  COMPETENT  JURISDICTION IN THIS  STATE OR ANOTHER STATE, TERRITORIAL
 OR TRIBAL JURISDICTION, IN ADDITION  TO  ANY  OTHER  REMEDIES  AVAILABLE
 PURSUANT  TO  SECTION EIGHT HUNDRED FORTY-SIX-A OF THIS  PART, THE COURT
 SHALL REVOKE, SUSPEND OR CONTINUE  TO  SUSPEND  ANY  FIREARMS    LICENSE
 POSSESSED  BY THE RESPONDENT, ORDER THE RESPONDENT INELIGIBLE FOR SUCH A
 LICENSE AND ORDER THE IMMEDIATE SURRENDER PURSUANT TO  SUBPARAGRAPH  (F)
 OF  PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX
 OF  SECTION  400.05 OF THE PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES,
 SHOTGUNS AND ANY OTHER FIREARMS OWNED OR POSSESSED BY THE RESPONDENT.
   4. SUSPENSION. ANY SUSPENSION ORDER ISSUED PURSUANT  TO  THIS  SECTION
 SHALL  REMAIN  IN  EFFECT  FOR  THE  DURATION  OF THE TEMPORARY ORDER OF
 PROTECTION OR ORDER OF PROTECTION, UNLESS MODIFIED  OR  VACATED  BY  THE
 COURT.
   5.  SURRENDER.  (A)  WHERE  AN ORDER TO SURRENDER ONE OR MORE PISTOLS,
 REVOLVERS, RIFLES, SHOTGUNS OR  OTHER  FIREARMS  HAS  BEEN  ISSUED,  THE
 TEMPORARY  ORDER  OF PROTECTION OR ORDER OF PROTECTION SHALL SPECIFY THE
 PLACE WHERE SUCH WEAPONS SHALL BE SURRENDERED, SHALL SPECIFY A DATE  AND
 TIME  BY  WHICH  THE    SURRENDER  SHALL BE COMPLETED AND, TO THE EXTENT
 POSSIBLE, SHALL DESCRIBE SUCH  WEAPONS  TO  BE  SURRENDERED,  AND  SHALL
 DIRECT  THE AUTHORITY RECEIVING SUCH  SURRENDERED WEAPONS TO IMMEDIATELY
 NOTIFY THE COURT OF SUCH SURRENDER.
   (B) THE PROMPT SURRENDER OF ONE OR MORE  PISTOLS,  REVOLVERS,  RIFLES,
 SHOTGUNS  OR OTHER FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT TO
 THIS  SECTION SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES  OF
 SUBPARAGRAPH  (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
 THE PENAL LAW. THE  DISPOSITION OF ANY SUCH WEAPONS SHALL BE IN  ACCORD-
 ANCE  WITH  THE PROVISIONS OF   SUBDIVISION SIX OF SECTION 400.05 OF THE
 PENAL LAW.
   (C) THE PROVISIONS OF THIS SECTION  SHALL  NOT  BE  DEEMED  TO  LIMIT,
 RESTRICT  OR  OTHERWISE  IMPAIR  THE AUTHORITY OF THE COURT TO ORDER AND
 DIRECT THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES,  SHOTGUNS
 OR  OTHER  FIREARMS OWNED OR  POSSESSED BY A RESPONDENT PURSUANT TO THIS
 ACT.
   6. NOTICE. (A) WHERE AN ORDER REQUIRING SURRENDER, REVOCATION, SUSPEN-
 SION OR INELIGIBILITY HAS BEEN ISSUED  PURSUANT  TO  THIS  SECTION,  ANY
 TEMPORARY ORDER  OF PROTECTION OR ORDER OF PROTECTION ISSUED SHALL STATE
 THAT  SUCH  FIREARM  LICENSE  HAS  BEEN SUSPENDED OR REVOKED OR THAT THE
 RESPONDENT IS INELIGIBLE FOR SUCH LICENSE, AS THE CASE MAY BE, AND  THAT
 THE  RESPONDENT  IS  PROHIBITED  FROM  POSSESSING  ANY PISTOL, REVOLVER,
 RIFLE, SHOTGUN OR OTHER FIREARM.
   (B) THE  COURT  REVOKING  OR  SUSPENDING  THE  LICENSE,  ORDERING  THE
 RESPONDENT  INELIGIBLE  FOR SUCH A LICENSE, OR ORDERING THE SURRENDER OF
 ANY PISTOL, REVOLVER, RIFLE, SHOTGUN OR OTHER FIREARM SHALL  IMMEDIATELY

 A. 9505--B                         178
 
 NOTIFY  THE  STATEWIDE  REGISTRY  OF  ORDERS  OF PROTECTION AND THE DULY
 CONSTITUTED POLICE AUTHORITIES OF  THE LOCALITY OF SUCH ACTION.
   (C)  THE  COURT  REVOKING  OR  SUSPENDING  THE LICENSE OR ORDERING THE
 RESPONDENT INELIGIBLE FOR SUCH A LICENSE SHALL GIVE WRITTEN NOTICE THER-
 EOF  WITHOUT UNNECESSARY DELAY TO THE DIVISION OF STATE  POLICE  AT  ITS
 OFFICE IN THE CITY OF ALBANY.
   (D) WHERE AN ORDER OF REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
 DER  IS  MODIFIED  OR  VACATED,  THE  COURT SHALL IMMEDIATELY NOTIFY THE
 STATEWIDE REGISTRY OF ORDERS OF  PROTECTION  AND  THE  DULY  CONSTITUTED
 POLICE AUTHORITIES OF THE LOCALITY CONCERNING SUCH ACTION AND SHALL GIVE
 WRITTEN  NOTICE  THEREOF    WITHOUT UNNECESSARY DELAY TO THE DIVISION OF
 STATE POLICE AT ITS OFFICE IN THE  CITY OF ALBANY.
   7. HEARING. THE RESPONDENT SHALL HAVE THE RIGHT TO  A  HEARING  BEFORE
 THE COURT REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
 DER  ORDER    ISSUED  PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN
 THIS SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING  ANY  SUCH  ORDER
 PRIOR TO A HEARING. WHERE THE  COURT HAS ISSUED SUCH AN ORDER PRIOR TO A
 HEARING,  IT  SHALL  COMMENCE SUCH   HEARING WITHIN FOURTEEN DAYS OF THE
 DATE SUCH ORDER WAS ISSUED.
   8. NOTHING IN THIS SECTION SHALL DELAY OR OTHERWISE INTERFERE WITH THE
 ISSUANCE OF A TEMPORARY ORDER OF PROTECTION.
   § 6. Intentionally omitted.
   § 7. Paragraph (c) of subdivision 1 of section  400.00  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (c) who has not been convicted anywhere  of  a  felony  or  a  serious
 offense  OR  WHO  IS NOT THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
 ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE;
   § 8. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 SUBPART F
 
   Section  1. Section 135.60 of the penal law, as amended by chapter 426
 of the laws of 2008, is amended to read as follows:
 § 135.60 Coercion in the [second] THIRD degree.
   A person is guilty of coercion in the [second] THIRD degree when he or
 she compels or induces a person to engage in conduct  which  the  latter
 has a legal right to abstain from engaging in, or to abstain from engag-
 ing  in  conduct  in  which  he  or  she has a legal right to engage, or
 compels or induces a person to join a group,  organization  or  criminal
 enterprise which such latter person has a right to abstain from joining,
 by  means  of instilling in him or her a fear that, if the demand is not
 complied with, the actor or another will:
   1. Cause physical injury to a person; or
   2. Cause damage to property; or
   3. Engage in other conduct constituting a crime; or
   4. Accuse some person of a crime  or  cause  criminal  charges  to  be
 instituted against him or her; or
   5.  Expose  a  secret  or  publicize an asserted fact, whether true or
 false, tending to subject some person to hatred, contempt  or  ridicule;
 or
   6.  Cause  a  strike,  boycott  or other collective labor group action
 injurious to some person's business; except that such a threat shall not
 be deemed coercive when the act or omission compelled is for the benefit
 of the group in whose interest the actor purports to act; or

 A. 9505--B                         179
 
   7. Testify or provide information or withhold testimony or information
 with respect to another's legal claim or defense; or
   8.  Use or abuse his or her position as a public servant by performing
 some act within or related to his or her official duties, or by  failing
 or  refusing  to  perform  an official duty, in such manner as to affect
 some person adversely; or
   9. Perform any other act which would not in itself materially  benefit
 the actor but which is calculated to harm another person materially with
 respect  to his or her health, safety, business, calling, career, finan-
 cial condition, reputation or personal relationships.
   Coercion in the [second] THIRD degree is a class A misdemeanor.
   § 2. The penal law is amended by adding a new section 135.61  to  read
 as follows:
 § 135.61 COERCION IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF COERCION IN THE SECOND DEGREE WHEN HE OR SHE
 COMMITS THE CRIME OF COERCION IN THE THIRD DEGREE AS DEFINED IN  SECTION
 135.60 OF THIS ARTICLE AND THEREBY COMPELS OR INDUCES A PERSON TO ENGAGE
 IN  SEXUAL  INTERCOURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT AS
 SUCH TERMS ARE DEFINED IN SECTION 130 OF THE PENAL LAW.
   COERCION IN THE SECOND DEGREE IS A CLASS E FELONY.
   § 3. Section 135.65 of the penal law, as amended by chapter 426 of the
 laws of 2008, is amended to read as follows:
 § 135.65 Coercion in the first degree.
   A person is guilty of coercion in the first  degree  when  he  or  she
 commits the crime of coercion in the [second] THIRD degree, and when:
   1.  He  or  she  commits such crime by instilling in the victim a fear
 that he or she will cause physical injury to a person or cause damage to
 property; or
   2. He or she thereby compels or induces the victim to:
   (a) Commit or attempt to commit a felony; or
   (b) Cause or attempt to cause physical injury to a person; or
   (c) Violate his or her duty as a public servant.
   Coercion in the first degree is a class D felony.
   § 4. The opening paragraph of subdivision 1 of section 530.11  of  the
 criminal  procedure  law, as amended by chapter 526 of the laws of 2013,
 is amended to read as follows:
   The family court and the criminal courts shall have concurrent  juris-
 diction  over  any  proceeding  concerning  acts  which would constitute
 disorderly conduct, harassment in the first degree,  harassment  in  the
 second  degree,  aggravated  harassment  in  the  second  degree, sexual
 misconduct, forcible touching, sexual abuse in the third degree,  sexual
 abuse  in  the  second degree as set forth in subdivision one of section
 130.60 of the penal law, 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,  strangulation in the first
 degree, strangulation in the  second  degree,  criminal  obstruction  of
 breathing or blood circulation, assault in the second degree, assault in
 the  third  degree,  an  attempted  assault, identity theft in the first
 degree, identity theft in the second degree, identity theft in the third
 degree, grand larceny in the fourth degree, grand larceny in  the  third
 degree  [or],  coercion  in  the  second degree OR COERCION IN THE THIRD
 DEGREE as set forth in subdivisions one, two and three of section 135.60
 of the penal law 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

 A. 9505--B                         180
 
 pursuant to section 30.00 of the penal law, then the family court  shall
 have  exclusive  jurisdiction  over  such  proceeding. Notwithstanding a
 complainant's election to proceed in family court,  the  criminal  court
 shall  not be divested of jurisdiction to hear a family offense proceed-
 ing pursuant to this section. For purposes of this section,  "disorderly
 conduct" includes disorderly conduct not in a public place. For purposes
 of  this section, "members of the same family or household" with respect
 to a proceeding in the criminal courts shall mean the following:
   § 5. The opening paragraph of subdivision 1  of  section  812  of  the
 family  court  act,  as  amended  by chapter 526 of the laws of 2013, is
 amended to read as follows:
   The family court and the criminal courts shall have concurrent  juris-
 diction  over  any  proceeding  concerning  acts  which would constitute
 disorderly conduct, harassment in the first degree,  harassment  in  the
 second  degree,  aggravated  harassment  in  the  second  degree, sexual
 misconduct, forcible touching, sexual abuse in the third degree,  sexual
 abuse  in  the  second degree as set forth in subdivision one of section
 130.60 of the penal law, 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, criminal obstruction of breath-
 ing or blood circulation, strangulation in the second degree, strangula-
 tion  in  the first degree, assault in the second degree, assault in the
 third degree, an attempted assault, identity theft in the first  degree,
 identity theft in the second degree, identity theft in the third degree,
 grand  larceny  in  the fourth degree, grand larceny in the third degree
 [or], coercion in the second degree OR COERCION IN THE THIRD  DEGREE  as
 set  forth  in  subdivisions one, two and three of section 135.60 of the
 penal law 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, then the family court shall have
 exclusive  jurisdiction  over   such   proceeding.   Notwithstanding   a
 complainant's  election  to  proceed in family court, the criminal court
 shall not be divested of jurisdiction to hear a family offense  proceed-
 ing  pursuant  to this section. In any proceeding pursuant to this arti-
 cle, a court shall not deny an order of protection, or dismiss  a  peti-
 tion,  solely  on  the  basis  that  the  acts or events alleged are not
 relatively contemporaneous with the date of the petition, the conclusion
 of the fact-finding or the conclusion of the dispositional hearing.  For
 purposes  of  this  article,  "disorderly  conduct"  includes disorderly
 conduct not in a public place. For purposes of this article, "members of
 the same family or household" shall mean the following:
   § 6. Paragraph (a) of subdivision 1 of section 821 of the family court
 act, as amended by chapter 526 of the laws of 2013, is amended  to  read
 as follows:
   (a)  An  allegation  that  the  respondent  assaulted  or attempted to
 assault his or her spouse, or former  spouse,  parent,  child  or  other
 member of the same family or household or engaged in disorderly conduct,
 harassment,  sexual  misconduct,  forcible touching, sexual abuse in the
 third degree, sexual abuse in the second degree as set forth in subdivi-
 sion one  of  section  130.60  of  the  penal  law,  stalking,  criminal
 mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
 breathing or blood circulation, strangulation,  identity  theft  in  the
 first degree, identity theft in the second degree, identity theft in the
 third  degree,  grand larceny in the fourth degree, grand larceny in the

 A. 9505--B                         181
 
 third degree [or], coercion in the second  degree  OR  COERCION  IN  THE
 THIRD  DEGREE as set forth in subdivisions one, two and three of section
 135.60 of the penal law, toward any such person;
   §  7. Paragraph c of subdivision 5 of section 120.40 of the penal law,
 as added by chapter 635 of the laws of  1999,  is  amended  to  read  as
 follows:
   c. assault in the third degree, as defined in section 120.00; menacing
 in  the  first  degree,  as  defined  in section 120.13; menacing in the
 second degree, as defined in  section  120.14;  coercion  in  the  first
 degree,  as defined in section 135.65; coercion in the second degree, as
 defined in section 135.61; COERCION IN THE THIRD DEGREE, AS  DEFINED  IN
 SECTION  135.60;  aggravated harassment in the second degree, as defined
 in section 240.30; harassment in the first degree, as defined in section
 240.25; menacing in the third degree,  as  defined  in  section  120.15;
 criminal  mischief  in  the  third degree, as defined in section 145.05;
 criminal mischief in the second degree, as defined  in  section  145.10,
 criminal  mischief  in  the  first degree, as defined in section 145.12;
 criminal tampering in the first degree, as defined  in  section  145.20;
 arson  in  the fourth degree, as defined in section 150.05; arson in the
 third degree, as defined in section 150.10;  criminal  contempt  in  the
 first degree, as defined in section 215.51; endangering the welfare of a
 child, as defined in section 260.10; or
   §  8.  Subdivision  2  of section 240.75 of the penal law, as added by
 section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
 read as follows:
   2.  A  "specified  offense"  is  an  offense defined in section 120.00
 (assault in the third degree); section 120.05  (assault  in  the  second
 degree);  section  120.10  (assault in the first degree); section 120.13
 (menacing in the first degree); section 120.14 (menacing in  the  second
 degree);  section  120.15 (menacing in the third degree); section 120.20
 (reckless endangerment in the second degree); section  120.25  (reckless
 endangerment  in  the  first  degree);  section  120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); section 121.11  (criminal  obstruction  of  breathing  or
 blood circulation); section 121.12 (strangulation in the second degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
 duct); section 130.30 (rape in the second degree); section 130.35  (rape
 in  the  first degree); section 130.40 (criminal sexual act in the third
 degree); section 130.45 (criminal sexual  act  in  the  second  degree);
 section 130.50 (criminal sexual act in the first degree); section 130.52
 (forcible  touching);  section 130.53 (persistent sexual abuse); section
 130.55 (sexual abuse in the third degree); section 130.60 (sexual  abuse
 in  the  second  degree);  section  130.65  (sexual  abuse  in the first
 degree); section 130.66 (aggravated sexual abuse in the  third  degree);
 section  130.67  (aggravated sexual abuse in the second degree); section
 130.70 (aggravated sexual abuse in the  first  degree);  section  130.91
 (sexually  motivated felony); section 130.95 (predatory sexual assault);
 section 130.96 (predatory  sexual  assault  against  a  child);  section
 135.05  (unlawful  imprisonment  in  the  second degree); section 135.10
 (unlawful imprisonment in the first degree); section 135.60 (coercion in
 the [second] THIRD degree);  SECTION  135.61  (COERCION  IN  THE  SECOND
 DEGREE);  section  135.65 (coercion in the first degree); section 140.20

 A. 9505--B                         182
 
 (burglary in the third degree); section 140.25 (burglary in  the  second
 degree);  section  140.30 (burglary in the first degree); section 145.00
 (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
 mischief  in the third degree); section 145.10 (criminal mischief in the
 second degree); section 145.12 (criminal mischief in the first  degree);
 section  145.14 (criminal tampering in the third degree); section 215.50
 (criminal contempt in  the  second  degree);  section  215.51  (criminal
 contempt  in  the  first  degree);  section  215.52 (aggravated criminal
 contempt); section 240.25 (harassment in the first degree);  subdivision
 one,  two or four of section 240.30 (aggravated harassment in the second
 degree); aggravated family offense as defined in  this  section  or  any
 attempt  or conspiracy to commit any of the foregoing offenses where the
 defendant and the person against whom the  offense  was  committed  were
 members of the same family or household as defined in subdivision one of
 section 530.11 of the criminal procedure law.
   §  9.  Subdivision 3 of section 485.05 of the penal law, as amended by
 chapter 405 of the laws of 2010, is amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); subdivision one of section  130.35  (rape  in  the  first
 degree);  subdivision  one of section 130.50 (criminal sexual act in the
 first degree); subdivision one of section 130.65 (sexual  abuse  in  the
 first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
 (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
 vision  one  of  section  130.70  (aggravated  sexual abuse in the first
 degree); section 135.05 (unlawful imprisonment in  the  second  degree);
 section  135.10  (unlawful  imprisonment  in  the first degree); section
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in  the [second] THIRD
 degree); SECTION 135.61 (COERCION IN THE SECOND DEGREE); section  135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third  degree); section 140.15 (criminal trespass in the second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in

 A. 9505--B                         183
 
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of section 240.30 (aggravated harassment in the second degree); or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 10. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.
 
                                 SUBPART G

   Section 1. Subdivision 4 of section 2805-i of the public health law is
 REPEALED.
   §  2.  Subdivision  2  of  section 2805-i of the public health law, as
 amended by chapter 504 of the laws  of  1994,  is  amended  to  read  as
 follows:
   2. The sexual offense evidence shall be collected and kept in a locked
 separate  and  secure area for not less than [thirty days] THE LONGER OF
 FIVE YEARS OR THE DATE THE ALLEGED SEXUAL OFFENSE VICTIM REACHES THE AGE
 OF NINETEEN, unless: (a) such evidence is not privileged and the  police
 request  its surrender before that time, which request shall be complied
 with; or (b) such evidence is privileged  and  (i)  the  alleged  sexual
 offense  victim  nevertheless  gives  permission to turn such privileged
 evidence over to the police before that time, or (ii) the alleged sexual
 offense victim signs a statement directing the hospital to  not  collect
 and  keep  such  privileged  evidence, which direction shall be complied
 with. The sexual offense evidence shall include, but not be limited  to,
 slides,  cotton  swabs, clothing and other items. Where appropriate such
 items must be refrigerated and the clothes  and  swabs  must  be  dried,
 stored  in paper bags and labeled. Each item of evidence shall be marked
 and logged with a code number corresponding  to  the  patient's  medical
 record.  [The] WITHIN THIRTY DAYS OF COLLECTION OF EVIDENCE, THE alleged
 sexual offense victim shall be notified that  after  [thirty  days]  THE
 LONGER  OF  FIVE  YEARS  OR  THE  DATE THE ALLEGED SEXUAL OFFENSE VICTIM
 REACHES THE AGE OF NINETEEN, the refrigerated evidence will be discarded
 in compliance with state and local health codes and the  alleged  sexual
 offense  victim's clothes will be returned to the alleged sexual offense
 victim upon request. THE HOSPITAL SHALL ENSURE THAT DILIGENT EFFORTS ARE
 MADE TO CONTACT THE  ALLEGED  SEXUAL  OFFENSE  VICTIM  AND  REPEAT  SUCH
 NOTIFICATION MORE THAN THIRTY DAYS PRIOR TO THE EVIDENCE BEING DISCARDED
 IN ACCORDANCE WITH THIS SECTION. HOSPITALS MAY ENTER INTO CONTRACTS WITH
 OTHER  ENTITIES  THAT  WILL ENSURE APPROPRIATE STORAGE OF SEXUAL OFFENSE
 EVIDENCE PURSUANT TO THIS SUBDIVISION.
   § 2-a. Subdivision 1 of section 2805-i of the public  health  law,  as
 amended  by chapter 504 of the laws of 1994 and paragraph (c) as amended
 by chapter 39 of the laws of 2012, is amended to read as follows:
   1. Every hospital providing treatment to alleged victims of  a  sexual
 offense shall be responsible for:
   (a)  maintaining  sexual  offense evidence and the chain of custody as
 provided in subdivision two of this section[.];
   (b) contacting a rape crisis or  victim  assistance  organization,  if
 any,  providing  victim assistance to the geographic area served by that
 hospital to establish the coordination of non-medical services to sexual
 offense victims who request such coordination and services[.];
   (c) offering and making available appropriate HIV post-exposure treat-
 ment therapies; including a seven day starter pack of HIV  post-exposure

 A. 9505--B                         184
 
 prophylaxis,  in  cases where it has been determined, in accordance with
 guidelines issued by the commissioner, that a  significant  exposure  to
 HIV  has  occurred, and informing the victim that payment assistance for
 such  therapies  may  be  available  from  the office of victim services
 pursuant to the provisions of article twenty-two of the  executive  law.
 With  the  consent of the victim of a sexual assault, the hospital emer-
 gency room department shall provide or arrange for  an  appointment  for
 medical  follow-up  related  to  HIV post-exposure prophylaxis and other
 care as appropriate; AND
   (D) ENSURING SEXUAL  ASSAULT  SURVIVORS  ARE  NOT  BILLED  FOR  SEXUAL
 ASSAULT  FORENSIC  EXAMS  AND  ARE NOTIFIED ORALLY AND IN WRITING OF THE
 OPTION TO DECLINE TO PROVIDE PRIVATE HEALTH  INSURANCE  INFORMATION  AND
 HAVE  THE  OFFICE OF VICTIM SERVICES REIMBURSE THE HOSPITAL FOR THE EXAM
 PURSUANT TO SUBDIVISION THIRTEEN OF SECTION SIX  HUNDRED  THIRTY-ONE  OF
 THE EXECUTIVE LAW.
   §  2-b. Subdivision 13 of section 631 of the executive law, as amended
 by chapter 39 of the laws of 2012, is amended to read as follows:
   13. Notwithstanding any other provision of law, rule, or regulation to
 the contrary, when any New York state  accredited  hospital,  accredited
 sexual  assault  examiner  program,  or  licensed  health  care provider
 furnishes services to any sexual assault  survivor,  including  but  not
 limited to a health care forensic examination in accordance with the sex
 offense  evidence  collection  protocol and standards established by the
 department of health, such hospital, sexual assault examiner program, or
 licensed healthcare provider shall provide such services to  the  person
 without  charge  and  shall  bill  the  office  directly. The office, in
 consultation with the department of health, shall  define  the  specific
 services to be covered by the sexual assault forensic exam reimbursement
 fee,  which must include at a minimum forensic examiner services, hospi-
 tal or healthcare facility services related to  the  exam,  and  related
 laboratory tests and necessary pharmaceuticals; including but not limit-
 ed  to  HIV  post-exposure  prophylaxis provided by a hospital emergency
 room at the time of the forensic rape examination pursuant to  paragraph
 (c)  of  subdivision  one  of section twenty-eight hundred five-i of the
 public health law. Follow-up HIV post-exposure prophylaxis  costs  shall
 continue to be reimbursed according to established office procedure. The
 office, in consultation with the department of health, shall also gener-
 ate  the  necessary  regulations  and forms for the direct reimbursement
 procedure. The rate for reimbursement shall be the  amount  of  itemized
 charges not exceeding eight hundred dollars, to be reviewed and adjusted
 annually  by  the  office in consultation with the department of health.
 The hospital, sexual assault examiner program, or licensed  health  care
 provider  must  accept  this  fee as payment in full for these specified
 services. No additional billing of the survivor  for  said  services  is
 permissible.  A  sexual  assault  survivor  may  voluntarily  assign any
 private insurance benefits to which  she  or  he  is  entitled  for  the
 healthcare  forensic  examination, in which case the hospital or health-
 care provider may not charge the office; PROVIDED, HOWEVER, IN THE EVENT
 THE SEXUAL ASSAULT SURVIVOR ASSIGNS ANY PRIVATE HEALTH  INSURANCE  BENE-
 FIT, SUCH COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSU-
 RANCE  OR  BALANCE  BILLING  BY  THE  HOSPITAL,  SEXUAL ASSAULT EXAMINER
 PROGRAM OR LICENSED HEALTH CARE PROVIDER.   A hospital,  sexual  assault
 examiner  program or licensed health care provider shall, at the time of
 the initial visit, request assignment of any  private  health  insurance
 benefits  to  which  the  sexual  assault survivor is entitled on a form
 prescribed by the office; provided, however, such sexual assault  survi-

 A. 9505--B                         185
 
 vor shall be advised orally and in writing that he or she may decline to
 provide  such information regarding private health insurance benefits if
 he or she believes that the provision of such information would substan-
 tially  interfere with his or her personal privacy or safety and in such
 event, the sexual assault forensic exam fee shall be paid by the office.
 Such sexual assault survivor shall also be advised that  providing  such
 information  may  provide  additional  resources  to pay for services to
 other sexual assault victims. If he or  she  declines  to  provide  such
 health  insurance information, he or she shall indicate such decision on
 the form provided by the hospital, sexual assault  examiner  program  or
 licensed  health  care  provider,  which form shall be prescribed by the
 office.
   § 2-c. Subsection (i) of section 3216 of the insurance law is  amended
 by adding a new paragraph 34 to read as follows:
   (34)  HEALTH  CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED  UNDER  THE
 POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   §  2-d. Subsection (l) of section 3221 of the insurance law is amended
 by adding a new paragraph 20 to read as follows:
   (20) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT  TO  SECTION
 TWENTY-EIGHT  HUNDRED  FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
 POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   § 2-e. Section 4303 of the insurance law is amended by  adding  a  new
 subsection (rr) to read as follows:
   (RR)  HEALTH  CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED  UNDER  THE
 CONTRACT SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   §  3.  This  act  shall take effect immediately and shall apply to all
 policies and contracts issued, renewed, modified, altered or amended  on
 or after the first of January next succeeding such effective date.
 
                                 SUBPART H
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 35 to read as follows:
   35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
   (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
 THE  PUBLIC  TO  BE NON-SECRETARIAN AND EXEMPT FROM TAXATION PURSUANT TO
 THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
   (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
   § 2. Subdivision 4 of section 296 of the executive law, as amended  by
 chapter 106 of the laws of 2003, is amended to read as follows:
   4.  It  shall be an unlawful discriminatory practice for an [education
 corporation or association which holds itself out to the  public  to  be
 non-sectarian  and  exempt  from  taxation pursuant to the provisions of
 article four of the real property tax law]  EDUCATIONAL  INSTITUTION  to
 deny  the use of its facilities to any person otherwise qualified, or to
 permit the harassment of any student or  applicant,  by  reason  of  his
 race,  color, religion, disability, national origin, sexual orientation,
 military status, sex, age or marital status, except that any such insti-
 tution which establishes or maintains a policy of educating  persons  of
 one sex exclusively may admit students of only one sex.
   § 3. This act shall take effect immediately.
 
                                 SUBPART I

 A. 9505--B                         186
 
                                 SUBPART I
 
   Section  1. The executive law is amended by adding a new section 294-d
 to read as follows:
   § 294-D. DISCRIMINATION AND SEXUAL HARASSMENT FORM. THE DIVISION SHALL
 PROMULGATE A FORM WHICH SHALL RECORD THE FOLLOWING: (A)  THE  NUMBER  OF
 UNLAWFUL  DISCRIMINATORY PRACTICES, DISCRIMINATION AND SEXUAL HARASSMENT
 ALLEGATIONS BY CATEGORY, THE NUMBER OF INVESTIGATIONS CONDUCTED, AND THE
 OUTCOMES OF SUCH INVESTIGATIONS IN THE PREVIOUS CALENDAR YEAR;  (B)  THE
 NUMBER  OF  SETTLEMENT  AGREEMENTS,  AND  THE  NUMBER OF SUCH AGREEMENTS
 CONTAINING NONDISCLOSURE PROVISIONS THAT HAVE BEEN EXECUTED BY THE AGEN-
 CY OR ITS REPRESENTATIVES IN  THE  PREVIOUS  CALENDAR  YEAR  WHERE  SUCH
 SETTLEMENT  AGREEMENT  RESOLVES  ANY  UNLAWFUL DISCRIMINATORY PRACTICES,
 DISCRIMINATION OR SEXUAL HARASSMENT CLAIM ASSERTED AGAINST OR  COMMITTED
 BY  ANY  EMPLOYEE;  AND  (C)  A  DESCRIPTION OF ALL TRAINING PROVIDED TO
 EMPLOYEES  RELATING  TO  DISCRIMINATION,  INCLUDING  SEXUAL   HARASSMENT
 PREVENTION  IN  THE  WORKPLACE IN THE PREVIOUS CALENDAR YEAR.  SUCH FORM
 SHALL BE POSTED ON THE DIVISION'S WEBSITE.
   § 2. The executive law is amended by adding a  new  section  170-c  to
 read as follows:
   §  170-C. REPORTING OF DISCRIMINATION AND SEXUAL HARASSMENT VIOLATIONS
 BY AGENCIES. 1.  AS USED IN THIS SECTION, THE FOLLOWING TERM SHALL  HAVE
 THE FOLLOWING MEANING UNLESS OTHERWISE SPECIFIED:
   "AGENCY"  SHALL MEAN ANY STATE OR MUNICIPAL DEPARTMENT, BOARD, BUREAU,
 DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY,  PUBLIC  CORPORATION,
 COUNCIL,  OFFICE  OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL
 OR PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE  MUNICIPALITIES
 THEREOF.
   2.  ALL AGENCIES SHALL SUBMIT A REPORT TO THE DIVISION OF HUMAN RIGHTS
 NO LATER THAN JUNE THIRTIETH OF EACH YEAR CONTAINING INFORMATION RELATED
 TO THE ISSUE OF  UNLAWFUL  DISCRIMINATORY  PRACTICES  AS  SUCH  TERM  IS
 DEFINED  IN  SECTION  TWO  HUNDRED NINETY-TWO OF THIS CHAPTER, DISCRIMI-
 NATION, AND SEXUAL HARASSMENT IN THE WORKPLACE, WHICH SHALL INCLUDE  THE
 FOLLOWING: (A) THE NUMBER OF UNLAWFUL DISCRIMINATORY PRACTICES, DISCRIM-
 INATION  OR  SEXUAL  HARASSMENT  ALLEGATIONS  BY CATEGORY, THE NUMBER OF
 INVESTIGATIONS CONDUCTED, AND THE OUTCOMES OF SUCH INVESTIGATIONS IN THE
 PREVIOUS CALENDAR YEAR; (B) THE NUMBER OF SETTLEMENT AGREEMENTS, AND THE
 NUMBER OF SUCH AGREEMENTS CONTAINING NONDISCLOSURE PROVISIONS THAT  HAVE
 BEEN  EXECUTED  BY  THE  AGENCY  OR  ITS REPRESENTATIVES IN THE PREVIOUS
 CALENDAR YEAR WHERE SUCH  SETTLEMENT  AGREEMENT  RESOLVES  ANY  UNLAWFUL
 DISCRIMINATORY PRACTICES, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED
 NINETY-TWO  OF  THIS  CHAPTER, DISCRIMINATION OR SEXUAL HARASSMENT CLAIM
 ASSERTED AGAINST OR COMMITTED BY ANY EMPLOYEE; AND (C) A DESCRIPTION  OF
 ALL TRAINING PROVIDED TO EMPLOYEES RELATING TO DISCRIMINATION, INCLUDING
 SEXUAL  HARASSMENT  PREVENTION IN THE WORKPLACE IN THE PREVIOUS CALENDAR
 YEAR.  SUCH REPORT SHALL NOT CONTAIN ANY INDIVIDUALLY IDENTIFYING INFOR-
 MATION OF ANY VICTIM OF UNLAWFUL DISCRIMINATORY PRACTICES, AS SUCH  TERM
 IS  DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THIS CHAPTER, DISCRIMI-
 NATION OR SEXUAL HARASSMENT. SUCH REPORT SHALL BE  SUBMITTED  USING  THE
 FORM PROMULGATED BY THE DIVISION OF HUMAN RIGHTS PURSUANT TO SECTION TWO
 HUNDRED NINETY-FOUR-D OF THIS CHAPTER.
   §  3.  The tax law is amended by adding a new section 210-E to read as
 follows:
   § 210-E. REPORTING OF DISCRIMINATION AND SEXUAL HARASSMENT VIOLATIONS.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS UNLESS OTHERWISE SPECIFIED:

 A. 9505--B                         187
 
   (A) "AGENCY" SHALL MEAN ANY STATE OR LOCAL GOVERNMENT,  INCLUDING  BUT
 NOT  LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, FIRE DISTRICT OR SPECIAL
 DISTRICT OR ANY OTHER GOVERNMENTAL ENTITY PERFORMING A  GOVERNMENTAL  OR
 PROPRIETARY  FUNCTION  FOR  THE  STATE OR ANY ONE OR MORE MUNICIPALITIES
 THEREOF AND IS AUTHORIZED TO IMPOSE TAX UNDER THIS CHAPTER.
   (B)  "OWNER" SHALL MEAN AN OWNER OF A BUSINESS ENTITY, WHICH INCLUDES,
 BUT IS NOT LIMITED TO, A  SHAREHOLDER  OF  A  CORPORATION  THAT  IS  NOT
 PUBLICLY  TRADED,  A PARTNER IN A PARTNERSHIP OR LIMITED LIABILITY PART-
 NERSHIP, A MEMBER OF A LIMITED LIABILITY COMPANY, A GENERAL  PARTNER  OR
 LIMITED PARTNER OF A LIMITED PARTNERSHIP.
   (C) "MANAGER" SHALL MEAN A DIRECTOR OR EXECUTIVE OFFICER OF A BUSINESS
 ENTITY,  WHICH  INCLUDES,  BUT IS NOT LIMITED TO, A DIRECTOR OF A CORPO-
 RATION OR A MANAGER OF A LIMITED LIABILITY COMPANY.
   (D) "TAX CREDIT" SHALL MEAN THE AMOUNT REQUESTED BY THE  TAXPAYER  FOR
 REFUND OR OTHERWISE DETERMINED TO BE IN EXCESS OF THAT OWED WITH RESPECT
 TO ANY TAX IMPOSED UNDER THIS CHAPTER.
   2.  A  TAXPAYER  WHO  IS  ENTITLED TO ANY CREDIT FROM ANY AGENCY SHALL
 SUBMIT A REPORT TO SUCH AGENCY NO LATER  THAN  JUNE  THIRTIETH  OF  EACH
 YEAR, AND THE AGENCY SHALL TRANSMIT SUCH REPORT TO THE DIVISION OF HUMAN
 RIGHTS,  CONTAINING INFORMATION RELATED TO THE ISSUE OF UNLAWFUL DISCRI-
 MINATORY PRACTICES AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED  NINE-
 TY-TWO  OF  THE  EXECUTIVE LAW, DISCRIMINATION, AND SEXUAL HARASSMENT IN
 THE WORKPLACE, WHICH SHALL INCLUDE THE  FOLLOWING:  (A)  THE  NUMBER  OF
 UNLAWFUL  DISCRIMINATORY  PRACTICES,  AS SUCH TERM IS DEFINED IN SECTION
 TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, DISCRIMINATION, AND  SEXUAL
 HARASSMENT   ALLEGATIONS  BY  CATEGORY,  THE  NUMBER  OF  INVESTIGATIONS
 CONDUCTED, AND THE OUTCOMES  OF  SUCH  INVESTIGATIONS  IN  THE  PREVIOUS
 CALENDAR  YEAR;  (B) THE NUMBER OF SETTLEMENT AGREEMENTS, AND THE NUMBER
 OF SUCH AGREEMENTS CONTAINING NONDISCLOSURE PROVISIONS, THAT  HAVE  BEEN
 EXECUTED  BY  THE ENTITY OR ITS REPRESENTATIVES IN THE PREVIOUS CALENDAR
 YEAR WHERE SUCH SETTLEMENT AGREEMENT RESOLVES ANY UNLAWFUL DISCRIMINATO-
 RY PRACTICE, AS SUCH TERM IS DEFINED IN SECTION TWO  HUNDRED  NINETY-TWO
 OF  THE  EXECUTIVE  LAW,  DISCRIMINATION,  OR  SEXUAL  HARASSMENT  CLAIM
 ASSERTED AGAINST OR COMMITTED BY ANY OWNER, MANAGER,  OR  EMPLOYEE;  AND
 (C)  A  DESCRIPTION  OF  ALL  TRAINING PROVIDED TO AN OWNER, MANAGER, OR
 EMPLOYEES  RELATING  TO  DISCRIMINATION,  INCLUDING  SEXUAL   HARASSMENT
 PREVENTION  IN THE WORKPLACE. SUCH REPORT SHALL NOT CONTAIN ANY INDIVID-
 UALLY IDENTIFYING INFORMATION OF ANY VICTIM OF  UNLAWFUL  DISCRIMINATORY
 PRACTICE  AS  SUCH  TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF
 THE EXECUTIVE LAW, DISCRIMINATION, OR  SEXUAL  HARASSMENT.  SUCH  REPORT
 SHALL  BE  SUBMITTED USING THE FORM PROMULGATED BY THE DIVISION OF HUMAN
 RIGHTS PURSUANT TO SECTION TWO HUNDRED NINETY-FOUR-D  OF  THE  EXECUTIVE
 LAW.
   3.  IF  SUCH ENTITY DOES NOT SUBMIT THE REPORT REQUIRED BY SUBDIVISION
 TWO OF THIS SECTION, SUCH CREDIT SHALL NOT BE AWARDED TO SUCH ENTITY.
   § 4. The state finance law is amended by adding a new section  148  to
 read as follows:
   §  148.  REPORTING OF DISCRIMINATION AND SEXUAL HARASSMENT VIOLATIONS.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS UNLESS OTHERWISE SPECIFIED:
   (A) "AGENCY" SHALL MEAN ANY  STATE  OR  MUNICIPAL  DEPARTMENT,  BOARD,
 BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
 RATION,  COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OR ANY  ONE  OR  MORE
 MUNICIPALITIES THEREOF.

 A. 9505--B                         188
 
   (B)  "OWNER" SHALL MEAN AN OWNER OF A BUSINESS ENTITY, WHICH INCLUDES,
 BUT IS NOT LIMITED TO, A  SHAREHOLDER  OF  A  CORPORATION  THAT  IS  NOT
 PUBLICLY  TRADED,  A PARTNER IN A PARTNERSHIP OR LIMITED LIABILITY PART-
 NERSHIP, A MEMBER OF A LIMITED LIABILITY COMPANY, OR A  GENERAL  PARTNER
 OR LIMITED PARTNER OF A LIMITED PARTNERSHIP.
   (C) "MANAGER" SHALL MEAN A DIRECTOR OR EXECUTIVE OFFICER OF A BUSINESS
 ENTITY,  WHICH  INCLUDES,  BUT IS NOT LIMITED TO, A DIRECTOR OF A CORPO-
 RATION OR A MANAGER OF A LIMITED LIABILITY COMPANY.
   2. ANY CONTRACTOR TO WHOM  ANY  CONTRACT  SHALL  BE  LET,  GRANTED  OR
 AWARDED  BY ANY AGENCY, AS REQUIRED BY LAW, SHALL SUBMIT A REPORT TO THE
 AGENCY AND SUCH AGENCY SHALL TRANSMIT SUCH REPORT  TO  THE  DIVISION  OF
 HUMAN RIGHTS NO LATER THAN JUNE THIRTIETH OF EACH YEAR CONTAINING INFOR-
 MATION  RELATED  TO  THE  ISSUE OF UNLAWFUL DISCRIMINATORY PRACTICES, AS
 SUCH TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE  EXECUTIVE
 LAW,  DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE, WHICH SHALL
 INCLUDE THE FOLLOWING: (A) THE NUMBER OF UNLAWFUL  DISCRIMINATORY  PRAC-
 TICES,  AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE
 EXECUTIVE LAW, DISCRIMINATION AND SEXUAL HARASSMENT ALLEGATIONS BY CATE-
 GORY, THE NUMBER OF INVESTIGATIONS CONDUCTED, AND THE OUTCOMES  OF  SUCH
 INVESTIGATIONS  IN THE PREVIOUS CALENDAR YEAR; (B) THE NUMBER OF SETTLE-
 MENT AGREEMENTS, AND THE NUMBER OF SUCH AGREEMENTS CONTAINING NONDISCLO-
 SURE PROVISIONS, THAT HAVE BEEN EXECUTED BY THE CONTRACTOR OR ITS REPRE-
 SENTATIVES IN THE PREVIOUS CALENDAR YEAR WHERE SUCH SETTLEMENT AGREEMENT
 RESOLVES ANY UNLAWFUL DISCRIMINATORY PRACTICES, AS SUCH TERM IS  DEFINED
 IN  SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, DISCRIMINATION,
 OR SEXUAL HARASSMENT CLAIM ASSERTED AGAINST OR COMMITTED BY  ANY  OWNER,
 MANAGER,  OR EMPLOYEE; AND (C) A DESCRIPTION OF ALL TRAINING PROVIDED TO
 AN OWNER, MANAGER, OR EMPLOYEE RELATING TO UNLAWFUL DISCRIMINATORY PRAC-
 TICES, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF  THE
 EXECUTIVE LAW, OR DISCRIMINATION, INCLUDING SEXUAL HARASSMENT PREVENTION
 IN  THE  WORKPLACE  IN THE CALENDAR YEAR.  SUCH REPORT SHALL NOT CONTAIN
 ANY INDIVIDUALLY IDENTIFYING  INFORMATION  OF  ANY  VICTIM  OF  UNLAWFUL
 DISCRIMINATORY PRACTICES, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED
 NINETY-TWO  OF  THE EXECUTIVE LAW, DISCRIMINATION, OR SEXUAL HARASSMENT.
 SUCH REPORT SHALL BE SUBMITTED USING THE FORM PROMULGATED BY  THE  DIVI-
 SION  OF  HUMAN  RIGHTS PURSUANT TO SECTION TWO HUNDRED NINETY-FOUR-D OF
 THE EXECUTIVE LAW.
   3. IF SUCH CONTRACTOR DOES NOT SUBMIT THE REPORT REQUIRED BY  SUBDIVI-
 SION  TWO  OF  THIS SECTION, SUCH CONTRACT SHALL NOT BE LET, GRANTED, OR
 AWARDED TO SUCH CONTRACTOR.
   § 5. The executive law is amended by adding a  new  section  295-a  to
 read as follows:
   § 295-A. REPORTING OF DISCRIMINATION AND SEXUAL HARASSMENT VIOLATIONS.
 1. THE DIVISION SHALL RECEIVE AND ANALYZE ALL REPORTS SUBMITTED PURSUANT
 TO  SECTION  ONE  HUNDRED SEVENTY-D OF THIS CHAPTER, SECTION TWO HUNDRED
 TEN-E OF THE TAX LAW, AND SECTION ONE HUNDRED FORTY-EIGHT OF  THE  STATE
 FINANCE LAW.
   2.  THE  DIVISION  SHALL PREPARE AN ANNUAL REPORT FROM THE INFORMATION
 SUBMITTED PURSUANT TO SECTION ONE HUNDRED  SEVENTY-D  OF  THIS  CHAPTER,
 SECTION  TWO  HUNDRED  TEN-E  OF  THE  TAX  LAW, AND SECTION ONE HUNDRED
 FORTY-EIGHT OF THE STATE FINANCE LAW,  WHICH  IDENTIFIES  THE  AGGREGATE
 NUMBER  OF  UNLAWFUL DISCRIMINATORY PRACTICES, DISCRIMINATION AND SEXUAL
 HARASSMENT ALLEGATIONS, BY CATEGORY, THE AGGREGATE  NUMBER  OF  INVESTI-
 GATIONS  CONDUCTED,  THE  AGGREGATE NUMBER OF SETTLEMENT AGREEMENTS, AND
 THE  AGGREGATE  NUMBER  OF  SUCH  AGREEMENTS  CONTAINING   NONDISCLOSURE
 PROVISIONS,  AND  THE AGGREGATE NUMBER OF AGENCIES PROVIDING TRAINING ON

 A. 9505--B                         189

 UNLAWFUL DISCRIMINATORY PRACTICES, AND DISCRIMINATION  INCLUDING  SEXUAL
 HARASSMENT  PREVENTION IN THE WORKPLACE AS REPORTED DURING THE PRECEDING
 CALENDAR YEAR. SUCH REPORT SHALL BE PROVIDED TO THE GOVERNOR, THE SPEAK-
 ER  OF  THE  ASSEMBLY,  AND  THE TEMPORARY PRESIDENT OF THE SENATE ON OR
 BEFORE NOVEMBER FIRST OF EACH YEAR COMMENCING WITH THE NOVEMBER FIRST IN
 THE YEAR IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.  SUCH
 REPORT SHALL ALSO BE POSTED ON THE WEBSITE  OF  THE  DIVISION  OF  HUMAN
 RIGHTS.
   §  6.  Section  7504 of the civil practice law and rules is amended to
 read as follows:
   § 7504. [Court appointment] APPOINTMENT of arbitrator.  1. IF AN ARBI-
 TRATION AGREEMENT PROVIDES FOR THE METHOD OF APPOINTMENT OF AN  ARBITRA-
 TOR, SUCH ARBITRATOR MUST BE A NEUTRAL THIRD-PARTY ARBITRATOR; PROVIDED,
 HOWEVER,  THAT  ANY  PORTION  OF  AN AGREEMENT OR CONTRACT REQUIRING THE
 CONTROVERSY CONCERNING EMPLOYMENT BE SUBMITTED TO AN ARBITRATOR OR ARBI-
 TRATION ORGANIZATION THAT IS NOT A NEUTRAL THIRD-PARTY ARBITRATOR, SHALL
 BE DEEMED VOID.   THE REQUIREMENT THAT THE CONTROVERSY  BE  HEARD  BY  A
 NEUTRAL THIRD-PARTY ARBITRATOR MAY NOT BE WAIVED BY A PARTY PRIOR TO THE
 SERVICE ON SUCH PARTY OF A DEMAND FOR ARBITRATION.
   2.  If  the  arbitration  agreement  does  not provide for a method of
 appointment of an arbitrator, or if the agreed method fails or  for  any
 reason  is not followed, or if an arbitrator fails to act and his OR HER
 successor has not been appointed, the court, on application of a  party,
 shall appoint [an] A NEUTRAL THIRD-PARTY arbitrator.  APPOINTMENT OF ANY
 ARBITRATOR SHALL REASONABLY ENSURE THE PERSONAL OBJECTIVITY OF THE ARBI-
 TRATOR.
   3.  (A)  BEFORE  THE  APPOINTMENT OF AN INDIVIDUAL WHO IS REQUESTED TO
 SERVE AS AN ARBITRATOR, AND AFTER  MAKING  A  REASONABLE  INQUIRY,  SUCH
 INDIVIDUAL  SHALL  DISCLOSE TO ALL PARTIES TO THE AGREEMENT TO ARBITRATE
 AND THE ARBITRATION PROCEEDING, AND TO ANY OTHER ARBITRATORS, ANY  KNOWN
 FACTS  THAT  A  REASONABLE  PERSON  WOULD  CONSIDER LIKELY TO AFFECT THE
 IMPARTIALITY OF THE ARBITRATOR IN THE ARBITRATION PROCEEDING, INCLUDING:
   (I) A FINANCIAL OR PERSONAL INTEREST IN THE OUTCOME OF THE ARBITRATION
 PROCEEDING; OR
   (II) AN EXISTING OR PAST RELATIONSHIP WITH ANY OF THE PARTIES  TO  THE
 AGREEMENT TO ARBITRATE OR THE ARBITRATION PROCEEDING, HIS OR HER COUNSEL
 OR REPRESENTATIVES, A WITNESS, OR ANOTHER ARBITRATOR.
   (B)  AN  ARBITRATOR  HAS  A  CONTINUING  OBLIGATION TO DISCLOSE TO ALL
 PARTIES TO THE AGREEMENT TO ARBITRATE AND  THE  ARBITRATION  PROCEEDING,
 AND  TO ANY OTHER ARBITRATORS ANY FACTS THAT THE ARBITRATOR LEARNS AFTER
 ACCEPTING APPOINTMENT WHICH A REASONABLE PERSON WOULD CONSIDER LIKELY TO
 AFFECT THE IMPARTIALITY OF THE ARBITRATOR.
   (C) IF AN ARBITRATOR DISCLOSES A FACT REQUIRED BY  PARAGRAPHS  (A)  OR
 (B) OF THIS SUBDIVISION AND A PARTY TIMELY OBJECTS TO THE APPOINTMENT OR
 CONTINUED  SERVICE  OF THE ARBITRATOR BASED UPON THE FACT DISCLOSED, THE
 OBJECTION MAY BE A GROUND FOR VACATING AN AWARD MADE BY THE ARBITRATOR.
   (D) IF THE ARBITRATOR DID NOT DISCLOSE A FACT  AS  REQUIRED  BY  PARA-
 GRAPHS (A) OR (B) OF THIS SUBDIVISION, UPON TIMELY OBJECTION BY A PARTY,
 THE COURT MAY VACATE AN AWARD BASED ON SUCH NON-DISCLOSURE.
   (E)  AN  ARBITRATOR  APPOINTED  AS  A  NEUTRAL ARBITRATOR WHO DOES NOT
 DISCLOSE A KNOWN, DIRECT AND MATERIAL INTEREST IN  THE  OUTCOME  OF  THE
 ARBITRATION PROCEEDING OR A KNOWN, EXISTING AND SUBSTANTIAL RELATIONSHIP
 WITH  A PARTY IS PRESUMED TO ACT WITH EVIDENT PARTIALITY IN RENDERING AN
 AWARD.
   4. UPON DISCLOSURE PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION,  A
 PARTY  SHALL BE DEEMED TO HAVE WAIVED ANY OBJECTION TO THE ARBITRATOR OR

 A. 9505--B                         190
 
 COMPOSITION OF ANY ARBITRATION PANEL, BY FAILING TO RAISE SAME PRIOR  TO
 THE COMMENCEMENT OF THE ARBITRATION HEARING.
   §  7.  Section  7506 of the civil practice law and rules is amended to
 read as follows:
   § 7506. Hearing. (a) Oath of arbitrator. Before hearing any testimony,
 an arbitrator shall be sworn to hear and decide the  controversy  faith-
 fully and fairly by an officer authorized to administer an oath.
   (b)  Time and place. The arbitrator shall appoint a time and place for
 the hearing and notify the parties in writing personally  or  by  regis-
 tered or certified mail not less than eight days before the hearing. The
 arbitrator may adjourn or postpone the hearing. The court, upon applica-
 tion  of  any  party, may direct the arbitrator to proceed promptly with
 the hearing and determination of the controversy.
   (c) Evidence. The  parties  are  entitled  to  be  heard,  to  present
 evidence and to cross-examine witnesses.
   (D)  POSTPONEMENTS AND ADJOURNMENTS. THE ARBITRATOR MAY FOR GOOD CAUSE
 POSTPONE OR ADJOURN THE HEARING UPON REQUEST OF  A  PARTY  OR  UPON  THE
 ARBITRATOR'S OWN INITIATIVE. Notwithstanding the failure of a party duly
 notified to appear, the arbitrator may hear and determine the controver-
 sy  upon  the evidence produced. IF A PARTY TO AN ARBITRATION INTENDS TO
 PRESENT TESTIMONY FROM A WITNESS  AT  THE  HEARING,  ABSENT  GOOD  CAUSE
 SHOWN,  THE  IDENTITY  OF  SUCH  WITNESS MUST BE GIVEN TO ALL PARTIES AT
 LEAST SEVEN CALENDAR DAYS PRIOR TO THE HEARING.
   [(d)] (E) Representation by attorney. A party  has  the  right  to  be
 represented  by  an  attorney and may claim such right at any time as to
 any part of the arbitration or hearings which have not taken place. This
 right may not be waived. If a  party  is  represented  by  an  attorney,
 papers  to be served on the party shall be served upon his OR HER attor-
 ney. IT SHALL BE DISCRETIONARY WITH THE ARBITRATOR TO PERMIT THE ATTEND-
 ANCE OF ANY OTHER PERSONS.
   [(e)] (F) Determination by majority. The hearing shall be conducted by
 all the arbitrators, but a  majority  may  determine  any  question  and
 render an award.
   [(f)]  (G)  Waiver.  Except  as  provided  in  subdivision [(d)](E), a
 requirement of this section may be waived  by  written  consent  of  the
 parties  and  it  is waived if the parties continue with the arbitration
 without objection.
   § 8. Section 7507 of the civil practice law and rules, as  amended  by
 chapter 952 of the laws of 1981, is amended to read as follows:
   § 7507. Award; form; time; delivery. (A) Except as provided in section
 7508,  the  award  shall  be  in  writing, AND SHALL STATE THE ISSUES IN
 DISPUTE AND CONTAIN THE ARBITRATOR'S FINDINGS OF FACT AND CONCLUSIONS OF
 LAW. SUCH AWARD SHALL CONTAIN A DECISION ON ALL ISSUES SUBMITTED TO  THE
 ARBITRATOR, AND SHALL BE signed and affirmed by the arbitrator making it
 within  the  time  fixed by the agreement, or, if the time is not fixed,
 within such time as the court orders.
   (B) The parties may in writing extend the time either before or  after
 its  expiration. A party waives the objection that an award was not made
 within the time required unless he OR SHE  notifies  the  arbitrator  in
 writing  of  his  OR HER objection prior to the delivery of the award to
 him OR HER.
   (C) The arbitrator shall deliver a copy of the award to each party  in
 the  manner  provided  in the agreement, or, if no provision is so made,
 personally or by registered or certified mail, return receipt requested.

 A. 9505--B                         191
 
   § 9. Subparagraph (iv) of paragraph 1 of subdivision  (b)  of  section
 7511  of  the civil practice law and rules is amended and a new subpara-
 graph (v) is added to read as follows:
   (iv) failure to follow the procedure of this article, unless the party
 applying  to vacate the award continued with the arbitration with notice
 of the defect and without objection[.]; OR
   (V) THE ARBITRATOR EVIDENCED  A  MANIFEST  DISREGARD  OF  THE  LAW  IN
 RENDERING THE AWARD.
   §  10.  The  civil  practice  law and rules is amended by adding a new
 section 7515 to read as follows:
   § 7515. PROHIBITED PROVISIONS. PROHIBITION OF EFFECT OF CERTAIN  ARBI-
 TRATION  CLAUSES  OR AGREEMENTS. MANDATORY ARBITRATION CLAUSES OR AGREE-
 MENTS COVERING EMPLOYEE OR INDEPENDENT CONTRACTOR DISPUTES  INVOLVING  A
 CLAIM  OF  DISCRIMINATION, INCLUDING ONE BASED ON SEXUAL HARASSMENT, ARE
 CONTRARY TO THE ESTABLISHED PUBLIC POLICY OF THIS STATE.    EXCEPT  WHEN
 INCONSISTENT  WITH  FEDERAL  LAW,  THE STATE PROHIBITS THE FORMATION AND
 ENFORCEMENT OF MANDATORY ARBITRATION AGREEMENTS  INVOLVING  A  CLAIM  OF
 DISCRIMINATION, INCLUDING ONE BASED ON SEXUAL HARASSMENT.
   §  11. Enforcement.   Any private person and any enforcement agency or
 official responsible for  enforcing  the  provisions  of  sections  six,
 seven,  eight,  nine,  or  ten of this act may bring suit for injunctive
 relief against an entity that violates such provisions, and may  recover
 reasonable  attorney fees and other costs if an injunction or equivalent
 relief is awarded. Injunctive relief shall be the only relief  available
 in a suit arising from failure to comply with this act.
   §  12.   The executive law is amended by adding a new section 170-d to
 read as follows:
   § 170-D. PROHIBITING STATE  AND  LOCAL  AGENCIES  FROM  ENTERING  INTO
 CONTRACTS  WITH  CONTRACTORS  THAT REQUIRE CERTAIN MANDATORY ARBITRATION
 AGREEMENTS. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF ANY GENER-
 AL OR SPECIAL LAW OR RESOLUTION, NO AGENCY SHALL  CONTRACT  OR  RENEW  A
 CONTRACT  FOR  THE  SUPPLY  OF GOODS, SERVICES, OR CONSTRUCTION WITH ANY
 CONTRACTOR  THAT  UTILIZES  AN  EMPLOYMENT  OR  INDEPENDENT   CONTRACTOR
 CONTRACT WHICH REQUIRES EMPLOYEES OR INDEPENDENT CONTRACTORS TO AGREE TO
 MANDATORY  ARBITRATION  FOR  ANY  DISPUTES INVOLVING A CLAIM OF UNLAWFUL
 DISCRIMINATORY PRACTICES, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED
 NINETY-TWO OF THE EXECUTIVE LAW,  OR  DISCRIMINATION,  INCLUDING  SEXUAL
 HARASSMENT.
   2.  ANY  CONTRACTOR  SUPPLYING  GOODS, SERVICES, OR CONSTRUCTION SHALL
 CERTIFY THAT IT IS IN COMPLIANCE WITH THE  REQUIREMENTS  OF  SUBDIVISION
 ONE OF THIS SECTION.  SUCH CERTIFICATION SHALL BE FILED WITH THE AGENCY.
   3.  UPON  RECEIVING  INFORMATION  THAT  A  CONTRACTOR WHO HAS MADE THE
 CERTIFICATION REQUIRED BY THIS SECTION  IS  IN  VIOLATION  THEREOF,  THE
 AGENCY  SHALL REVIEW SUCH INFORMATION, NOTIFY SUCH CONTRACTOR, AND OFFER
 SUCH CONTRACTOR AN OPPORTUNITY TO BE HEARD.  IF SUCH AGENCY FINDS THAT A
 VIOLATION HAS OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE  APPROPRIATE
 AND PROVIDED FOR BY LAW, RULE OR REGULATION, OR CONTRACT, INCLUDING, BUT
 NOT  LIMITED  TO,  IMPOSING  SANCTIONS,  SEEKING  COMPLIANCE, RECOVERING
 DAMAGES, DECLARING THE CONTRACTOR IN DEFAULT, AND SEEKING  DEBARMENT  OR
 SUSPENSION OF THE CONTRACTOR.
   4.  FOR THE PURPOSES OF THIS SECTION, "AGENCY" SHALL MEAN ANY STATE OR
 MUNICIPAL DEPARTMENT, BOARD, BUREAU,  DIVISION,  COMMISSION,  COMMITTEE,
 PUBLIC  AUTHORITY,  PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER GOVERN-
 MENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR  THE
 STATE OR ANY ONE OR MORE MUNICIPALITIES THEREOF.

 A. 9505--B                         192
 
   §  13.  The labor law is amended by adding a new section 211-b to read
 as follows:
   §  211-B. CONTRACTS; CERTAIN PROVISIONS PROHIBITED. A PROVISION IN ANY
 EMPLOYMENT CONTRACT BOTH PUBLIC AND PRIVATE, OR CONTRACT WITH ANY  INDE-
 PENDENT CONTRACTOR, WAIVING ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REME-
 DY  RELATING TO A CLAIM OF DISCRIMINATION, RETALIATION, OR HARASSMENT IN
 EMPLOYMENT SHALL BE DEEMED UNCONSCIONABLE, VOID AND UNENFORCEABLE,  WITH
 RESPECT  TO ANY SUCH CLAIM ARISING AFTER THE WAIVER IS MADE. NO RIGHT OR
 REMEDY ARISING UNDER THIS SECTION, THIS CHAPTER, COMMON LAW,  ANY  OTHER
 PROVISION OF LAW OR RULE OF PROCEDURE OR THE CONSTITUTION SHALL BE PROS-
 PECTIVELY  WAIVED.  THIS  SECTION SHALL NOT RENDER VOID OR UNENFORCEABLE
 THE REMAINDER OF SUCH CONTRACT OR AGREEMENT.
   § 14. The public officers law is amended by adding a new section  17-a
 to read as follows:
   §  17-A. REIMBURSEMENT OF FUNDS PAID BY STATE AGENCIES AND STATE ENTI-
 TIES FOR THE PAYMENT OF AWARDS ADJUDICATED IN DISCRIMINATION CLAIMS.  1.
 NOTWITHSTANDING  ANY  LAW TO THE CONTRARY, ANY OFFICER OR EMPLOYEE ENTI-
 TLED TO DEFENSE AND INDEMNIFICATION PURSUANT  TO  SECTION  SEVENTEEN  OF
 THIS  ARTICLE, WHO IS ADJUDICATED TO HAVE PERSONALLY COMMITTED AN UNLAW-
 FUL DISCRIMINATORY PRACTICE AS SUCH  TERM  IS  DEFINED  IN  SECTION  TWO
 HUNDRED  NINETY-TWO  OF  THE EXECUTIVE LAW, INCLUDING SEXUAL HARASSMENT,
 SHALL REIMBURSE ANY STATE AGENCY OR ENTITY THAT MAKES  A  PAYMENT  TO  A
 PLAINTIFF  FOR  AN ADJUDICATED AWARD IN A DISCRIMINATION CLAIM RESULTING
 IN A JUDGMENT, FOR HIS OR HER PROPORTIONATE  SHARE  OF  SUCH  JUDGEMENT.
 SUCH OFFICER OR EMPLOYEE SHALL PERSONALLY REIMBURSE SUCH STATE AGENCY OR
 ENTITY  WITHIN  NINETY  DAYS  OF THE STATE AGENCY OR ENTITY'S PAYMENT OF
 SUCH AWARD.
   2. IF SUCH OFFICER OR EMPLOYEE HAS  FAILED  TO  REIMBURSE  SUCH  STATE
 AGENCY  OR  ENTITY  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION WITHIN
 NINETY DAYS FROM THE DATE SUCH STATE AGENCY OR ENTITY  MAKES  A  PAYMENT
 FOR  THE FINANCIAL AWARD, THE COMPTROLLER SHALL WITHHOLD FROM SUCH OFFI-
 CER OR EMPLOYEE'S COMPENSATION THE AMOUNTS ALLOWABLE PURSUANT TO SECTION
 FIFTY-TWO HUNDRED THIRTY-ONE OF THE CIVIL PRACTICE LAW AND RULES.
   3. IF SUCH OFFICER OR EMPLOYEE IS NO LONGER  EMPLOYED  BY  SUCH  STATE
 AGENCY  OR  ENTITY,  SUCH STATE AGENCY OR ENTITY SHALL HAVE THE RIGHT TO
 RECEIVE REIMBURSEMENT THROUGH  THE  ENFORCEMENT  OF  A  MONEY  JUDGEMENT
 PURSUANT TO ARTICLE FIFTY-TWO OF THE CIVIL PRACTICE LAW AND RULES.
   §  14-a.  The  public  officers law is amended by adding a new section
 18-a to read as follows:
   § 18-A. REIMBURSEMENT OF FUNDS PAID BY A PUBLIC ENTITY FOR THE PAYMENT
 OF AWARDS ADJUDICATED IN DISCRIMINATION CLAIMS.   1.  AS  USED  IN  THIS
 SECTION:
   A.  THE  TERM  "PUBLIC  ENTITY"  SHALL  MEAN (I) A COUNTY, CITY, TOWN,
 VILLAGE OR ANY OTHER POLITICAL SUBDIVISION  OR  CIVIL  DIVISION  OF  THE
 STATE,   (II)  A  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES, OR ANY OTHER GOVERNMENTAL ENTITY OR COMBINATION OR ASSOCIATION
 OF GOVERNMENTAL ENTITIES OPERATING A PUBLIC SCHOOL,  COLLEGE,  COMMUNITY
 COLLEGE  OR  UNIVERSITY, (III) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT,
 (IV) A PUBLIC AUTHORITY, COMMISSION, AGENCY  OR  PUBLIC  BENEFIT  CORPO-
 RATION,  OR  (V) ANY OTHER SEPARATE CORPORATE INSTRUMENTALITY OR UNIT OF
 GOVERNMENT; BUT SHALL NOT INCLUDE THE STATE OF NEW YORK.
   B. THE TERM "EMPLOYEE" SHALL MEAN ANY COMMISSIONER, MEMBER OF A PUBLIC
 BOARD OR COMMISSION, TRUSTEE,  DIRECTOR,  OFFICER,  EMPLOYEE,  VOLUNTEER
 EXPRESSLY  AUTHORIZED  TO  PARTICIPATE IN A PUBLICLY SPONSORED VOLUNTEER
 PROGRAM, OR ANY OTHER PERSON HOLDING A POSITION BY ELECTION, APPOINTMENT
 OR EMPLOYMENT IN THE SERVICE OF A PUBLIC ENTITY, WHETHER OR NOT  COMPEN-

 A. 9505--B                         193
 
 SATED.  THE  TERM "EMPLOYEE" SHALL INCLUDE A FORMER EMPLOYEE, HIS OR HER
 ESTATE OR JUDICIALLY APPOINTED PERSONAL REPRESENTATIVE.
   2.  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, ANY EMPLOYEE ENTITLED TO
 DEFENSE AND INDEMNIFICATION PURSUANT TO SECTION EIGHTEEN OF THIS ARTICLE
 OR ANY OTHER STATE STATUTE,  INCLUDING  BUT  NOT  LIMITED  TO,  SECTIONS
 FIFTY-K, FIFTY-L, FIFTY-M, AND FIFTY-N OF THE GENERAL MUNICIPAL LAW, WHO
 IS  ADJUDICATED  TO HAVE PERSONALLY COMMITTED AN UNLAWFUL DISCRIMINATORY
 PRACTICE, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED  NINETY-TWO  OF
 THE  EXECUTIVE  LAW,  INCLUDING  SEXUAL  HARASSMENT, SHALL REIMBURSE ANY
 PUBLIC ENTITY, THAT MAKES A PAYMENT TO A PLAINTIFF  FOR  AN  ADJUDICATED
 AWARD  IN A DISCRIMINATION CLAIM RESULTING IN A JUDGMENT, FOR HIS OR HER
 PROPORTIONATE SHARE OF SUCH JUDGEMENT.  SUCH EMPLOYEE  SHALL  PERSONALLY
 REIMBURSE  SUCH  PUBLIC ENTITY WITHIN NINETY DAYS OF THE PUBLIC ENTITY'S
 PAYMENT OF SUCH AWARD.
   3. IF SUCH EMPLOYEE FAILS TO REIMBURSE SUCH PUBLIC ENTITY PURSUANT  TO
 SUBDIVISION  TWO  OF  THIS SECTION WITHIN NINETY DAYS FROM THE DATE SUCH
 PUBLIC ENTITY MAKES A PAYMENT FOR THE FINANCIAL AWARD, THE CHIEF  FISCAL
 OFFICER  OF  SUCH  PUBLIC  ENTITY  SHALL  WITHHOLD  FROM SUCH EMPLOYEE'S
 COMPENSATION THE AMOUNTS ALLOWABLE PURSUANT TO SECTION FIFTY-TWO HUNDRED
 THIRTY-ONE OF THE CIVIL PRACTICE LAW AND RULES.
   4. IF SUCH EMPLOYEE IS NO LONGER EMPLOYED BY SUCH PUBLIC ENTITY,  SUCH
 PUBLIC  ENTITY SHALL HAVE THE RIGHT TO RECEIVE REIMBURSEMENT THROUGH THE
 ENFORCEMENT OF A MONEY JUDGEMENT PURSUANT TO ARTICLE  FIFTY-TWO  OF  THE
 CIVIL PRACTICE LAW AND RULES.
   §  15.  The  civil  practice  law and rules is amended by adding a new
 section 5003-b to read as follows:
   § 5003-B. CONFIDENTIALITY PROVISIONS IN SETTLEMENT  OF  DISCRIMINATION
 ACTIONS.  (A)  WHEN AN ACTION TO RECOVER DAMAGES BASED ON ALLEGATIONS OF
 DISCRIMINATION IN VIOLATION OF LAWS PROHIBITING DISCRIMINATION,  INCLUD-
 ING  BUT  NOT  LIMITED TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW, HAS BEEN
 SETTLED, ANY SETTLING PLAINTIFF MAY ELECT TO INCLUDE IN  ANY  SETTLEMENT
 AGREEMENT  PROVISIONS  THAT  REQUIRE ALL PARTIES TO KEEP THE DETAILS AND
 PROVISIONS  OF  THE  ACTION  AND  SETTLEMENT  CONFIDENTIAL,   AND   SUCH
 PROVISIONS SHALL BE ENFORCEABLE AGAINST ALL PARTIES.
   (B) IF A SETTLING PLAINTIFF DOES NOT CHOOSE TO INCLUDE CONFIDENTIALITY
 PROVISIONS  IN  THE  SETTLEMENT AGREEMENT, NO DEFENDANT MAY REQUIRE SUCH
 PROVISIONS BE INCLUDED.
   § 16. The general obligations law is amended by adding a  new  section
 5-336 to read as follows:
   §  5-336. CONFIDENTIALITY PROVISIONS RELATED TO DISCRIMINATION.  EVERY
 CONTRACT,  COVENANT,  AGREEMENT  OR  UNDERSTANDING  IN  CONNECTION  WITH
 EMPLOYMENT  THAT PROHIBITS AN EMPLOYEE, INTERN AS DEFINED IN SECTION TWO
 HUNDRED NINETY-SIX-C OF THE EXECUTIVE  LAW,  OR  COVERED  INDIVIDUAL  AS
 DEFINED IN SECTION TWO HUNDRED NINETY-SIX-D OF THE EXECUTIVE LAW, (HERE-
 INAFTER  A  "COMPLAINANT")  FROM  CONVEYING  TO  A  GOVERNMENT ENTITY OR
 DISCLOSING TO OR DISCUSSING WITH ANY THIRD-PARTY  ALLEGATIONS  THAT  THE
 COMPLAINANT WAS SUBJECTED TO UNLAWFUL DISCRIMINATION, UNLAWFUL DISCRIMI-
 NATORY PRACTICES, OR RETALIATION RELATED TO SUCH UNLAWFUL DISCRIMINATION
 SHALL  BE VOID AND UNENFORCEABLE, PROVIDED THAT IF A COMPLAINANT CHOOSES
 TO INCLUDE A CONFIDENTIALITY PROVISION IN  AN  AGREEMENT  OR  SETTLEMENT
 RESOLVING   A  COMPLAINT  REGARDING  UNLAWFUL  DISCRIMINATION,  UNLAWFUL
 DISCRIMINATORY PRACTICES, OR RETALIATION IN RELATION  THERETO,  AND  THE
 COMPLAINANT  ASSERTS  THAT THE AGREEMENT IS A MATTER OF PERSONAL PRIVACY
 OR THAT THE DISCLOSURE OF THE AGREEMENT OR ITS TERMS OR THE  DETAILS  OF
 THE UNDERLYING COMPLAINT WOULD CAUSE THE COMPLAINANT PERSONAL HARM, THEN

 A. 9505--B                         194
 
 SUCH  PROVISION  IS  ENFORCEABLE  AGAINST  ALL  PARTIES  AND AGAINST ANY
 GOVERNMENT ENTITY TO WHICH THE AGREEMENT IS DISCLOSED.
   §  17.  The  executive law is amended by adding a new section 294-b to
 read as follows:
   § 294-B. MODEL POLICY ON DISCRIMINATION, HARASSMENT, INCLUDING  SEXUAL
 HARASSMENT, AND RETALIATION.  1. THE DIVISION SHALL CREATE A MODEL POLI-
 CY   PROHIBITING   DISCRIMINATION,  UNLAWFUL  DISCRIMINATORY  PRACTICES,
 INCLUDING SEXUAL HARASSMENT,  AND  RETALIATION.  SUCH  POLICY  SHALL  BE
 AVAILABLE  TO  THE PUBLIC AND SHALL BE POSTED ON THE DIVISION'S WEBSITE.
 SUCH POLICY SHALL:
   A. PROHIBIT DISCRIMINATION,  UNLAWFUL  DISCRIMINATORY  PRACTICES,  AND
 HARASSMENT  BASED  ON  AN  EMPLOYEE'S,  INTERN'S OR COVERED INDIVIDUAL'S
 CLASS, RACE, COLOR, SEX, NATIONAL  ORIGIN,  CREED,  SEXUAL  ORIENTATION,
 AGE,  DISABILITY,  MILITARY STATUS, MARITAL STATUS, PREDISPOSING GENETIC
 CHARACTERISTICS, OR DOMESTIC VIOLENCE VICTIM STATUS;
   B. PROHIBIT RETALIATION AGAINST A PERSON WHO FILES A  COMPLAINT,  ACTS
 AS  A  WITNESS, OR REPORTS DISCRIMINATION, UNLAWFUL DISCRIMINATORY PRAC-
 TICES, OR HARASSMENT ON BEHALF OF ANOTHER EMPLOYEE,  INTERN  OR  COVERED
 INDIVIDUAL;
   C.  MANDATE  THAT  SUPERVISORS  AND  MANAGEMENT PERSONNEL WHO LEARN OF
 PROHIBITED DISCRIMINATION, UNLAWFUL DISCRIMINATORY PRACTICES, OR HARASS-
 MENT REPORT SUCH CLAIMS PURSUANT TO THE POLICY OF THE EMPLOYER,  EMPLOY-
 MENT AGENCY, OR LICENSING AGENCY;
   D.  MANDATE  THAT  TRAINING ON SUCH POLICY BE CONDUCTED AT LEAST EVERY
 TWO YEARS FOR EACH EMPLOYEE OR INTERN;
   (I) SUCH TRAINING SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  INFORMATION
 ABOUT  HOW  TO FILE A COMPLAINT AND HOW TO ACCESS OTHER AVAILABLE RIGHTS
 AND REMEDIES UNDER STATE AND FEDERAL LAWS;
   (II) SEPARATE TRAINING SHALL BE PROVIDED  TO  SUPERVISORY  STAFF  THAT
 SHALL  INCLUDE  A REVIEW OF THE INCREASED RESPONSIBILITIES OF SUCH STAFF
 WHO ARE IN A POSITION OF AUTHORITY;
   E. ESTABLISH A COMPLAINT PROCESS FOR  ACCUSATIONS  AGAINST  EMPLOYEES,
 INTERNS  OR  COVERED  INDIVIDUALS  THAT  ALLOW  ANY  EMPLOYEE, INTERN OR
 COVERED INDIVIDUAL WHO FEELS THAT HE OR SHE WAS DISCRIMINATED AGAINST OR
 HARASSED TO ENGAGE IN SELF-HELP IF SO  DESIRED,  OR  TO  FILE  A  FORMAL
 INTERNAL  OR  EXTERNAL  COMPLAINT, WHEREBY EACH COMPLAINANT IS HEARD AND
 TREATED WITH RESPECT, PROVIDED HOWEVER, THAT IT IS NOT NECESSARY FOR  AN
 EMPLOYEE TO ENGAGE IN SELF-HELP BEFORE FILING A COMPLAINT;
   F.  PROVIDE  THAT ALL CLAIMS OF HARASSMENT AND DISCRIMINATION SHALL BE
 INVESTIGATED AND SUCH INVESTIGATION SHALL  REMAIN  CONFIDENTIAL  TO  THE
 FULLEST EXTENT POSSIBLE;
   G.  ESTABLISH  A  TIME  FRAME FOR THE COMPLETION OF THE INVESTIGATION,
 WHICH SHALL BE NO LATER THAN NINETY DAYS, UPON WHICH TIME A CONFIDENTIAL
 REPORT SHALL BE WRITTEN WITH FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS;
   H. PROVIDE THAT A FINAL DETERMINATION MUST BE MADE AS TO WHETHER THERE
 WAS A  VIOLATION  OF  THE  EMPLOYER'S  POLICIES  AND  IF  DISCIPLINE  IS
 WARRANTED  WITHIN  A  TIME FRAME ESTABLISHED IN THE POLICY, BUT NO LATER
 THAN THIRTY DAYS. SUCH POLICY SHALL AFFORD THE ACCUSED THE RIGHT  TO  BE
 PROVIDED  A  GENERAL SUMMARY OF THE INITIAL INVESTIGATION REPORT AND THE
 RIGHT TO RESPOND, EITHER ORALLY OR IN WRITING;
   I. ESTABLISH AN APPEALS PROCESS IN THE EVENT THAT EITHER PARTY CHOOSES
 TO APPEAL THE FINDINGS OF THE FINAL DETERMINATION; AND
   J. PROVIDE THAT ALL WRITTEN  RECORDS  AND  REPORTS  OF  COMPLAINTS  OR
 INVESTIGATIONS  OF DISCRIMINATION, UNLAWFUL DISCRIMINATORY PRACTICES, OR
 HARASSMENT SHALL BE KEPT BY THE EMPLOYER FOR SEVEN YEARS.

 A. 9505--B                         195
 
   2. EVERY EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY SHALL  ADOPT
 THE MODEL POLICY PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 OR  ESTABLISH  A POLICY TO PREVENT DISCRIMINATION THAT EQUALS OR EXCEEDS
 THE MINIMUM STANDARDS PROVIDED BY SUCH MODEL POLICY PROMULGATED PURSUANT
 TO  SUBDIVISION  ONE  OF  THIS  SECTION, PROVIDED, HOWEVER, THAT IF SUCH
 EMPLOYER IS A STATE  AGENCY  WHERE  THE  HEAD  OF  SUCH  AGENCY  IS  NOT
 APPOINTED  BY  THE  GOVERNOR,  INCLUDING  BUT  NOT LIMITED TO, THE STATE
 EDUCATION DEPARTMENT, THE DEPARTMENT OF LAW, AND THE DEPARTMENT OF AUDIT
 AND CONTROL, THEN THE HEAD OF SUCH AGENCY WHO IS NOT  APPOINTED  BY  THE
 GOVERNOR SHALL ADOPT OR ESTABLISH SUCH POLICY.
   3.  EVERY  EMPLOYER  AUTHORIZED  TO  ENTER INTO AGREEMENTS PURSUANT TO
 ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW MAY  UTILIZE  SUCH  AUTHORI-
 ZATION TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   4.  FOR THE PURPOSES OF THIS SECTION, THE TERM "INTERN" SHALL HAVE THE
 SAME MEANING AS SET FORTH IN SECTION TWO HUNDRED  NINETY-SIX-C  OF  THIS
 ARTICLE.
   5.  FOR  THE PURPOSES OF THIS SECTION, "COVERED INDIVIDUAL" SHALL HAVE
 THE SAME MEANING AS SET FORTH IN SECTION  TWO  HUNDRED  NINETY-SIX-D  OF
 THIS ARTICLE.
   § 18. The state finance law is amended by adding a new section 139-d-1
 to read as follows:
   §  139-D-1.  STATEMENT ON DISCRIMINATION, INCLUDING SEXUAL HARASSMENT,
 IN BIDS. 1. FOR THE PURPOSES OF THIS SECTION, "AGENCY"  SHALL  MEAN  ANY
 STATE DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC
 AUTHORITY,  PUBLIC  CORPORATION,  COUNCIL,  OFFICE OR OTHER GOVERNMENTAL
 ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE.
   2. (A) EVERY BID  HEREAFTER  MADE  TO  AN  AGENCY,  WHERE  COMPETITIVE
 BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, FOR WORK OR SERVICES
 PERFORMED  OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, SHALL CONTAIN
 THE FOLLOWING STATEMENT SUBSCRIBED BY THE BIDDER AND  AFFIRMED  BY  SUCH
 BIDDER AS TRUE UNDER THE PENALTIES OF PERJURY:
   "BY  SUBMISSION  OF  THIS  BID, EACH BIDDER AND EACH PERSON SIGNING ON
 BEHALF OF ANY BIDDER CERTIFIES, AND IN THE CASE  OF  A  JOINT  BID  EACH
 PARTY  THERETO  CERTIFIES  AS  TO ITS OWN ORGANIZATION, UNDER PENALTY OF
 PERJURY, THAT THE BIDDER HAS A POLICY RELATING  TO  THE  PROHIBITION  OF
 DISCRIMINATION,  INCLUDING  SEXUAL  HARASSMENT, AND SUCH BIDDER PROVIDES
 SUCH POLICY, IN WRITING, TO ALL OF ITS EMPLOYEES."
   (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ANY BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PROHIBITING
 DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, SHALL SUBMIT TO THE  AGENCY
 SOLICITING  SUCH  BID  SUCH  CURRENT WRITTEN POLICY WHEN SUBMITTING SUCH
 STATEMENT.
   (C) EVERY BID HEREAFTER MADE TO AN AGENCY, WHERE  COMPETITIVE  BIDDING
 IS  NOT  REQUIRED  BY  STATUTE, RULE OR REGULATION, FOR WORK OR SERVICES
 PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD,  MAY  CONTAIN,
 AT  THE DISCRETION OF THE AGENCY, THE CERTIFICATION REQUIRED PURSUANT TO
 PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   3. NOTWITHSTANDING THE FOREGOING, THE STATEMENT REQUIRED BY  PARAGRAPH
 (A) OF SUBDIVISION TWO OF THIS SECTION OR THE WRITTEN POLICY FOR PROHIB-
 ITING  DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, REQUIRED PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, MAY BE SUBMITTED ELEC-
 TRONICALLY IN ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF
 SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAPTER.
   4. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHEN  THE  BIDDER HAS NOT COMPLIED WITH SUBDIVISION TWO OF THIS SECTION;
 PROVIDED, HOWEVER, THAT IF THE BIDDER CANNOT MAKE THE FOREGOING  CERTIF-

 A. 9505--B                         196
 
 ICATION,  SUCH  BIDDER  SHALL  SO STATE AND SHALL FURNISH WITH THE BID A
 SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
   5.  ANY BID HEREAFTER MADE TO AN AGENCY BY A CORPORATE BIDDER FOR WORK
 OR SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR  TO  BE  SOLD,
 WHERE  SUCH  BID  CONTAINS  THE  STATEMENT OR WRITTEN POLICY REQUIRED BY
 SUBDIVISION TWO OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED
 BY THE BOARD OF DIRECTORS OF SUCH BIDDER, AND SUCH  AUTHORIZATION  SHALL
 BE  DEEMED  TO  INCLUDE  THE  SIGNING AND SUBMISSION OF SUCH BID AND THE
 INCLUSION THEREIN OF THE STATEMENT AND WRITTEN  POLICY  FOR  PROHIBITING
 DISCRIMINATION,  INCLUDING SEXUAL HARASSMENT, AS THE ACT AND DEED OF THE
 CORPORATION.
   § 19. Subdivision 7 of section  163  of  the  state  finance  law,  as
 amended  by  section  10 of part L of chapter 55 of the laws of 2012, is
 amended to read as follows:
   7. Method of procurement. Consistent with the requirements of subdivi-
 sions three and four of this section, state agencies shall select  among
 permissible  methods  of  procurement  including, but not limited to, an
 invitation for bid, request for proposals or other means of solicitation
 pursuant to guidelines issued by the state  procurement  council.  State
 agencies  may  accept  bids  electronically  including submission of the
 statement of non-collusion required by section one hundred thirty-nine-d
 of this chapter, AND THE STATEMENT AND WRITTEN  POLICY  FOR  PROHIBITING
 DISCRIMINATION,  INCLUDING  SEXUAL  HARASSMENT,  REQUIRED BY SECTION ONE
 HUNDRED THIRTY-NINE-D-ONE OF THIS CHAPTER, and,  starting  April  first,
 two  thousand  twelve,  and  ending  March  thirty-first,  two  thousand
 fifteen, may, for commodity, service and  technology  contracts  require
 electronic  submission as the sole method for the submission of bids for
 the solicitation. State agencies shall undertake no  more  than  eighty-
 five  such  electronic bid solicitations, none of which shall be reverse
 auctions, prior to April first, two thousand fifteen. In addition, state
 agencies may conduct up to twenty reverse  auctions  through  electronic
 means,  prior  to  April first, two thousand fifteen. Prior to requiring
 the electronic submission of bids, the  agency  shall  make  a  determi-
 nation,  which shall be documented in the procurement record, that elec-
 tronic submission affords a fair and equal opportunity for  offerers  to
 submit  responsive  offers.  Within thirty days of the completion of the
 eighty-fifth electronic bid solicitation, or by April first,  two  thou-
 sand  fifteen,  whichever  is  earlier, the commissioner shall prepare a
 report assessing the use of electronic submissions and make  recommenda-
 tions  regarding  future  use  of  this procurement method. In addition,
 within thirty days of the completion of the  twentieth  reverse  auction
 through  electronic  means,  or  by  April  first, two thousand fifteen,
 whichever is earlier, the commissioner shall prepare a report  assessing
 the  use of reverse auctions through electronic means and make recommen-
 dations regarding future use of this procurement  method.  Such  reports
 shall  be  published  on  the website of the office of general services.
 Except where otherwise provided by law, procurements  shall  be  compet-
 itive,  and state agencies shall conduct formal competitive procurements
 to the maximum extent practicable. State  agencies  shall  document  the
 determination of the method of procurement and the basis of award in the
 procurement  record.  Where the basis for award is the best value offer,
 the state agency shall  document,  in  the  procurement  record  and  in
 advance of the initial receipt of offers, the determination of the eval-
 uation criteria, which whenever possible, shall be quantifiable, and the
 process  to be used in the determination of best value and the manner in
 which the evaluation process and selection shall be conducted.

 A. 9505--B                         197
 
   § 20. The tax law is amended by adding a new section 210-D to read  as
 follows:
   §  210-D. STATEMENT ON DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, IN
 APPLICATIONS FOR STATE CREDITS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "AGENCY" SHALL MEAN ANY STATE OR LOCAL GOVERNMENT,  INCLUDING  BUT
 NOT  LIMITED  TO A COUNTY, CITY, TOWN, VILLAGE, FIRE DISTRICT OR SPECIAL
 DISTRICT OR ANY OTHER GOVERNMENTAL ENTITY PERFORMING A  GOVERNMENTAL  OR
 PROPRIETARY  FUNCTION  FOR  THE  STATE OR ANY ONE OR MORE MUNICIPALITIES
 THEREOF, AND IS AUTHORIZED TO IMPOSE TAX UNDER THIS CHAPTER;
   (B) "APPLICANT" SHALL MEAN A TAXPAYER THAT IS  SUBJECT  TO  TAX  UNDER
 THIS CHAPTER AND IS SUBJECT TO THE REQUIREMENTS OF THIS SECTION;
   (C)  "TAXPAYER"  SHALL  MEAN ANY INDIVIDUAL, CORPORATION, PARTNERSHIP,
 LIMITED LIABILITY PARTNERSHIP, OR  COMPANY,  PARTNER,  MEMBER,  MANAGER,
 ESTATE,  TRUST, FIDUCIARY OR ENTITY, WHO OR WHICH IS CONDUCTING BUSINESS
 IN THIS STATE; AND
   (D) "TAX CREDIT" SHALL MEAN THE AMOUNT REQUESTED BY THE  TAXPAYER  FOR
 REFUND OR OTHERWISE DETERMINED TO BE IN EXCESS OF THAT OWED WITH RESPECT
 TO ANY TAX IMPOSED UNDER THIS CHAPTER.
   2. (A) EVERY APPLICATION HEREAFTER MADE TO AN AGENCY SHALL CONTAIN THE
 FOLLOWING  STATEMENT  SUBSCRIBED  BY  THE APPLICANT AND AFFIRMED BY SUCH
 APPLICANT AS TRUE UNDER THE PENALTIES OF PERJURY:
   "BY SUBMISSION OF THIS APPLICATION, EACH  APPLICANT  AND  EACH  PERSON
 SIGNING  ON BEHALF OF ANY BUSINESS CERTIFIES AS TO ITS OWN ORGANIZATION,
 UNDER PENALTY OF PERJURY THAT THE BUSINESS HAS A POLICY RELATING TO  THE
 PROHIBITION  OF  DISCRIMINATION,  INCLUDING  SEXUAL HARASSMENT, AND SUCH
 BUSINESS PROVIDES SUCH POLICY, IN WRITING, TO ALL OF ITS EMPLOYEES."
   (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ANY BUSINESS THAT MAINTAINS A WRITTEN POLICY FOR PROHIBIT-
 ING DISCRIMINATION, INCLUDING SEXUAL HARASSMENT,  SHALL  SUBMIT  TO  THE
 AGENCY  TO  WHICH  THEY  ARE  APPLYING FOR SUCH TAX CREDIT A COPY OF THE
 CURRENT WRITTEN POLICY WHEN SUBMITTING SUCH STATEMENT.
   3.  THE STATEMENT REQUIRED BY PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION OR THE WRITTEN POLICY FOR PROHIBITING DISCRIMINATION,  INCLUDING
 SEXUAL  HARASSMENT REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
 OF THIS SECTION, MAY BE SUBMITTED ELECTRONICALLY.
   4. AN APPLICATION SHALL NOT BE CONSIDERED FOR A TAX CREDIT  NOR  SHALL
 ANY  CREDIT  BE  ALLOWED  WHEN  THE  APPLICANT HAS NOT COMPLIED WITH THE
 PROVISIONS OF SUBDIVISION TWO OF THIS SECTION; PROVIDED,  HOWEVER,  THAT
 IF  THE APPLICANT CANNOT MAKE THE FOREGOING CERTIFICATION, THE APPLICANT
 SHALL FURNISH WITH THE APPLICATION A SIGNED STATEMENT WHICH  SETS  FORTH
 IN DETAIL THE REASONS THEREFOR.
   5.  ANY  APPLICATION HEREAFTER MADE TO AN AGENCY BY AN APPLICANT FOR A
 TAX CREDIT, SHALL BE DEEMED TO HAVE BEEN  AUTHORIZED  BY  THE  BOARD  OF
 DIRECTORS  OF  THE  APPLICANT, AND SUCH AUTHORIZATION SHALL BE DEEMED TO
 INCLUDE THE SIGNING AND SUBMISSION OF THE APPLICATION AND THE  INCLUSION
 THEREIN  OF  THE  STATEMENT  OR WRITTEN POLICY FOR PROHIBITING DISCRIMI-
 NATION, INCLUDING SEXUAL HARASSMENT AS THE ACT AND DEED  OF  THE  CORPO-
 RATION.
   §  21.  The  executive law is amended by adding a new section 294-a to
 read as follows:
   § 294-A. ANTI-DISCRIMINATION PAMPHLET. 1. THE DIVISION  SHALL  PROMUL-
 GATE  AN  ANTI-DISCRIMINATION PAMPHLET RELATED TO RIGHTS AND REMEDIES OF
 EMPLOYEES, INTERNS, AND COVERED INDIVIDUALS REGARDING UNLAWFUL DISCRIMI-
 NATORY PRACTICES OR DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, IN  THE
 WORKPLACE. SUCH PAMPHLET SHALL INCLUDE, BUT NOT BE LIMITED TO:

 A. 9505--B                         198
 
   A. INFORMATION REGARDING HOW TO FILE A COMPLAINT PURSUANT TO STATE AND
 FEDERAL ANTI-DISCRIMINATION LAWS;
   B.  A  DESCRIPTION OF AN EMPLOYEE'S, INTERN'S, OR COVERED INDIVIDUAL'S
 RIGHTS UNDER STATE AND FEDERAL ANTI-DISCRIMINATION LAWS;
   C. A DESCRIPTION OF THE REMEDIES THAT AN EMPLOYEE, INTERN, OR  COVERED
 INDIVIDUAL  MAY  BE ENTITLED TO UNDER STATE AND FEDERAL ANTI-DISCRIMINA-
 TION LAWS;
   D. CONTACT INFORMATION FOR THE DIVISION, THE OFFICE  OF  THE  ATTORNEY
 GENERAL,  THE  DEPARTMENT  OF LABOR AND THE EQUAL EMPLOYMENT OPPORTUNITY
 COMMISSION; AND
   E. A STATEMENT EXPLAINING THAT THE EMPLOYEE, INTERN, OR COVERED  INDI-
 VIDUAL MAY BE ENTITLED TO CERTAIN RIGHTS AND REMEDIES UNDER LOCAL LAWS.
   2.  THE  ANTI-DISCRIMINATION  PAMPHLET  SHALL BE MADE AVAILABLE TO THE
 PUBLIC AND SHALL BE POSTED:
   A. ON THE WEBSITE OF EVERY AGENCY, IF SUCH A WEBSITE EXISTS,  PROVIDED
 THAT  FOR  THE PURPOSES OF THIS PARAGRAPH, "AGENCY" SHALL MEAN ANY STATE
 OR MUNICIPAL DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE,
 PUBLIC AUTHORITY, PUBLIC CORPORATION, COUNCIL, OFFICE OR  OTHER  GOVERN-
 MENTAL  ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE
 STATE OR ANY ONE OR MORE MUNICIPALITIES THEREOF;
   B. ON THE WEBSITE OF EVERY EMPLOYER, EMPLOYMENT AGENCY,  OR  LICENSING
 AGENCY, IF SUCH A WEBSITE EXISTS; AND
   C.  IN A CONSPICUOUS LOCATION IN ALL DESIGNATED EMPLOYEE COMMON SPACES
 AND BREAKROOMS.
   3. AN EMPLOYER, EMPLOYMENT AGENCY, LABOR  ORGANIZATION,  OR  LICENSING
 AGENCY  SHALL  PROVIDE A COPY OF SUCH ANTI-DISCRIMINATION PAMPHLET UNDER
 THE FOLLOWING CIRCUMSTANCES:
   A. TO AN EMPLOYEE, INTERN, OR COVERED INDIVIDUAL WHENEVER SUCH EMPLOY-
 EE, INTERN, OR COVERED INDIVIDUAL COMMENCES EMPLOYMENT, VOLUNTEERING, OR
 CONTRACTING WITH SUCH EMPLOYER;
   B. TO AN EMPLOYEE OR INTERN  UPON  COMPLETION  OF  ANY  DISCRIMINATION
 AND/OR SEXUAL HARASSMENT PREVENTION TRAINING;
   C. TO AN EMPLOYEE, INTERN, OR COVERED INDIVIDUAL WHENEVER SUCH EMPLOY-
 EE,  INTERN,  OR  COVERED  INDIVIDUAL  FILES  A DISCRIMINATION COMPLAINT
 PURSUANT TO SUCH EMPLOYER'S POLICY;
   D. TO AN EMPLOYEE OR INTERN WHENEVER SUCH EMPLOYEE OR INTERN CONCLUDES
 EMPLOYMENT WITH SUCH EMPLOYER; AND
   E. TO AN EMPLOYEE, INTERN, OR COVERED INDIVIDUAL UPON SUCH EMPLOYEE'S,
 INTERN'S, OR COVERED INDIVIDUAL'S REQUEST.
   4. FOR THE PURPOSES OF THIS SECTION, THE TERM "INTERN" SHALL HAVE  THE
 SAME  MEANING  AS  SET FORTH IN SECTION TWO HUNDRED NINETY-SIX-C OF THIS
 ARTICLE.
   5. FOR THE PURPOSES OF THIS SECTION, "COVERED INDIVIDUAL"  SHALL  HAVE
 THE  SAME  MEANING  AS  SET FORTH IN SECTION TWO HUNDRED NINETY-SIX-D OF
 THIS ARTICLE.
   6. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   § 22. The executive law is amended by adding a new  section  294-c  to
 read as follows:
   §  294-C. TRAINING MATERIALS AND PUBLIC ACCESSIBILITY. 1. THE DIVISION
 SHALL CREATE A TRAINING VIDEO TO ASSIST IN TRAINING EMPLOYERS, EMPLOYEES
 AND INTERNS ON ISSUES RELATING TO PROHIBITING DISCRIMINATION AND  UNLAW-
 FUL  DISCRIMINATORY  PRACTICES  INCLUDING SEXUAL HARASSMENT IN THE WORK-
 PLACE. SUCH TRAINING VIDEO SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  THE
 INFORMATION  PROVIDED  IN  THE  ANTI-DISCRIMINATION PAMPHLET PROMULGATED
 PURSUANT TO SECTION TWO HUNDRED NINETY-FOUR-A OF THIS  ARTICLE  AND  THE

 A. 9505--B                         199
 
 MODEL  POLICY  ON  DISCRIMINATION,  HARASSMENT,  SEXUAL  HARASSMENT, AND
 RETALIATION PROMULGATED PURSUANT TO SECTION TWO HUNDRED NINETY-FOUR-B OF
 THIS CHAPTER.
   2. SUCH TRAINING VIDEO SHALL BE MADE AVAILABLE TO THE PUBLIC AND SHALL
 BE  POSTED  IN  AN  ELECTRONIC, EASILY VIEWABLE FORMAT ON THE DIVISION'S
 WEBSITE. SUCH TRAINING VIDEO SHALL BE UPDATED AS NECESSARY BUT  NO  LESS
 THAN EVERY TWO YEARS.
   3.  THE  DIVISION  SHALL  ESTABLISH  A  TOLL  FREE  NUMBER  TO RECEIVE
 COMPLAINTS THAT WILL BE STAFFED TWENTY-FOUR HOURS A DAY.
   4. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   5. FOR THE PURPOSE OF THIS SECTION, THE TERM "INTERN" SHALL  HAVE  THE
 SAME  MEANING  AS  SET FORTH IN SECTION TWO HUNDRED NINETY-SIX-C OF THIS
 ARTICLE.
   § 23. The executive law is amended by adding a new  section  296-d  to
 read as follows:
   §  296-D.  UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO COVERED INDI-
 VIDUALS. 1. AS USED IN THIS SECTION, "COVERED INDIVIDUAL" MEANS A PERSON
 WHO PERFORMS WORK FOR AN EMPLOYER AS A CONTRACTOR, INDEPENDENT  CONTRAC-
 TOR,  SUBCONTRACTOR,  OR VOLUNTEER WITHIN THE CONTEXT OF A FORMAL VOLUN-
 TEER PROGRAM.
   2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE  FOR  AN  EMPLOYER,
 LICENSING AGENCY, OR EMPLOYMENT AGENCY TO:
   (A) REFUSE TO HIRE, CONTRACT WITH, OR EMPLOY OR TO BAR OR TO DISCHARGE
 FROM  WORK  OR VOLUNTEER PROGRAM A COVERED INDIVIDUAL OR TO DISCRIMINATE
 AGAINST SUCH COVERED INDIVIDUAL IN TERMS, CONDITIONS, OR  PRIVILEGES  OF
 EMPLOYMENT  BECAUSE OF THE COVERED INDIVIDUAL'S AGE, RACE, CREED, COLOR,
 NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS,  SEX,  DISABILITY,
 PREDISPOSING   GENETIC  CHARACTERISTICS,  MARITAL  STATUS,  OR  DOMESTIC
 VIOLENCE VICTIM STATUS;
   (B) DISCRIMINATE AGAINST A COVERED INDIVIDUAL IN RECEIVING,  CLASSIFY-
 ING,  DISPOSING  OR OTHERWISE ACTING UPON APPLICATIONS FOR ANY CONTRACT,
 EMPLOYMENT OR VOLUNTEER PROGRAM, AS DEFINED IN THIS ARTICLE, BECAUSE  OF
 THE COVERED INDIVIDUAL'S AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXU-
 AL  ORIENTATION,  MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC
 CHARACTERISTICS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
   (C) PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATE-
 MENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY  FORM  OF  APPLICATION
 FOR CONTRACT, EMPLOYMENT OR VOLUNTEER PROGRAM, OR TO MAKE ANY INQUIRY IN
 CONNECTION WITH PROSPECTIVE CONTRACTS, EMPLOYMENT OR FORMAL VOLUNTEERING
 WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION OR
 DISCRIMINATION  AS  TO  AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
 ORIENTATION, MILITARY  STATUS,  SEX,  DISABILITY,  PREDISPOSING  GENETIC
 CHARACTERISTICS,  MARITAL  STATUS OR DOMESTIC VIOLENCE VICTIM STATUS, OR
 ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMINATION,
 UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION;
   (D) DISCHARGE, EXPEL OR OTHERWISE  DISCRIMINATE  AGAINST  ANY  COVERED
 INDIVIDUAL  BECAUSE  HE OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN UNDER
 THIS ARTICLE OR BECAUSE HE OR SHE HAS FILED A  COMPLAINT,  TESTIFIED  OR
 ASSISTED IN ANY PROCEEDING UNDER THIS ARTICLE; OR
   (E)  COMPEL  A  COVERED  INDIVIDUAL WHO IS PREGNANT TO TAKE A LEAVE OF
 ABSENCE, UNLESS THEY ARE PREVENTED BY SUCH PREGNANCY FROM PERFORMING THE
 ACTIVITIES INVOLVED  IN  THE  JOB,  CONTRACT,  OCCUPATION  OR  VOLUNTEER
 PROGRAM IN A REASONABLE MANNER.
   3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:

 A. 9505--B                         200
 
   (A)  ENGAGE  IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS,
 OR OTHER VERBAL OR PHYSICAL CONDUCT OF A  SEXUAL  NATURE  TO  A  COVERED
 INDIVIDUAL WHEN:
   (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
 A  TERM  OR CONDITION OF THEIR CONTRACT, EMPLOYMENT OR FORMAL VOLUNTEER-
 ING;
   (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY THE COVERED INDIVID-
 UAL IS USED AS THE BASIS FOR CONTRACT, EMPLOYMENT OR VOLUNTEER DECISIONS
 AFFECTING SUCH COVERED INDIVIDUAL; OR
   (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
 WITH THE COVERED INDIVIDUAL'S WORK PERFORMANCE BY CREATING AN INTIMIDAT-
 ING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT; OR
   (B) SUBJECT A COVERED INDIVIDUAL TO UNWELCOME HARASSMENT BASED ON AGE,
 SEX, RACE, CREED, COLOR, SEXUAL ORIENTATION, MILITARY STATUS,  DISABILI-
 TY,  PREDISPOSING  GENETIC  CHARACTERISTICS,  MARITAL  STATUS,  DOMESTIC
 VIOLENCE VICTIM STATUS, OR NATIONAL ORIGIN, WHERE  SUCH  HARASSMENT  HAS
 THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING WITH THE COVERED INDI-
 VIDUAL'S  WORK  PERFORMANCE  BY  CREATING  AN  INTIMIDATING, HOSTILE, OR
 OFFENSIVE WORKING ENVIRONMENT.
   4. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   § 24. Subdivision 4 of section 292 of the executive law, as amended by
 chapter 97 of the laws of 2014, is amended to read as follows:
   4. The term "unlawful discriminatory  practice"  includes  only  those
 practices  specified  in  sections  two  hundred ninety-six, two hundred
 ninety-six-a  [and],  two   hundred   ninety-six-c   AND   TWO   HUNDRED
 NINETY-SIX-D of this article.
   § 25. Subdivision 5 of section 292 of the executive law, as amended by
 chapter 363 of the laws of 2015, is amended to read as follows:
   5.  The term "employer" [does not include any employer with fewer than
 four persons in his or her employ except as set  forth  in  section  two
 hundred  ninety-six-b  of  this  article, provided, however, that in the
 case of an action for discrimination based on sex pursuant  to  subdivi-
 sion one of section two hundred ninety-six of this article, with respect
 to  sexual  harassment  only,  the  term  "employer"]  shall include all
 employers within the state.
   § 26. Subdivisions 9 and 10 of section 63 of the executive law, subdi-
 vision 9 as amended by chapter 359 of the laws of 1969, are  amended  to
 read as follows:
   9.  Bring  and  prosecute  or  defend upon request of the [industrial]
 commissioner OF LABOR or the state division of human rights,  any  civil
 action  or  proceeding, the institution or defense of which in his judg-
 ment is necessary for effective enforcement of the laws  of  this  state
 against  discrimination  by reason of age, race, SEX, creed, color [or],
 national  origin,  SEXUAL  ORIENTATION,  MILITARY  STATUS,   DISABILITY,
 PREDISPOSING  GENETIC  CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS,
 OR DOMESTIC VIOLENCE VICTIM STATUS, or for enforcement of any  order  or
 determination  of  such  commissioner  or division made pursuant to such
 laws.
   10. Prosecute every person charged with the commission of  a  criminal
 offense  in violation of any of the laws of this state against discrimi-
 nation because of AGE, race, SEX, creed, color,  [or]  national  origin,
 SEXUAL  ORIENTATION,  MILITARY  STATUS, DISABILITY, PREDISPOSING GENETIC
 CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, OR  DOMESTIC  VIOLENCE
 VICTIM  STATUS, in any case where in his judgment, because of the extent
 of the offense, such prosecution cannot be effectively carried on by the

 A. 9505--B                         201
 
 district attorney of the county wherein the offense or a portion thereof
 is alleged to have been committed, or where in his judgment the district
 attorney has erroneously failed or refused to  prosecute.  In  all  such
 proceedings,  the attorney-general may appear in person or by his deputy
 or assistant before any court or any grand jury  and  exercise  all  the
 powers  and  perform  all  the  duties  in  respect  of  such actions or
 proceedings which the district attorney would otherwise be authorized or
 required to exercise or perform.
   § 27. The general municipal law is amended by  adding  a  new  section
 103-d-1 to read as follows:
   §  103-D-1.  STATEMENT ON DISCRIMINATION, INCLUDING SEXUAL HARASSMENT,
 IN BIDS. 1. (A) EVERY BID OR PROPOSAL  HEREAFTER  MADE  TO  A  POLITICAL
 SUBDIVISION  OF  THE  STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL
 THEREOF WHERE COMPETITIVE BIDDING IS REQUIRED BY  STATUTE,  RULE,  REGU-
 LATION  OR  LOCAL LAW, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED
 OR GOODS SOLD OR TO BE  SOLD,  SHALL  CONTAIN  THE  FOLLOWING  STATEMENT
 SUBSCRIBED  BY  THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE UNDER THE
 PENALTIES OF PERJURY:
   "BY SUBMISSION OF THIS BID, EACH BIDDER AND  EACH  PERSON  SIGNING  ON
 BEHALF  OF  ANY  BIDDER  CERTIFIES,  AND IN THE CASE OF A JOINT BID EACH
 PARTY THERETO CERTIFIES AS TO ITS OWN  ORGANIZATION,  UNDER  PENALTY  OF
 PERJURY  THAT  THE  BIDDER  HAS  A POLICY RELATING TO THE PROHIBITION OF
 DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, AND  SUCH  BIDDER  PROVIDES
 SUCH POLICY, IN WRITING, TO ALL OF ITS EMPLOYEES."
   (B)  IN  ADDITION  TO  THE STATEMENT REQUIRED BY PARAGRAPH (A) OF THIS
 SUBDIVISION, ANY BIDDER THAT MAINTAINS A WRITTEN POLICY FOR  PROHIBITING
 DISCRIMINATION,  INCLUDING  SEXUAL HARASSMENT, SHALL SUBMIT TO THE POLI-
 TICAL SUBDIVISION SOLICITING SUCH BID SUCH CURRENT WRITTEN  POLICY  WHEN
 SUBMITTING SUCH STATEMENT.
   (C) EVERY BID HEREAFTER MADE TO A POLITICAL SUBDIVISION, WHERE COMPET-
 ITIVE  BIDDING  IS NOT REQUIRED BY STATUTE, RULE OR REGULATION, FOR WORK
 OR SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR  TO  BE  SOLD,
 MAY CONTAIN, AT THE DISCRETION OF THE POLITICAL SUBDIVISION, THE CERTIF-
 ICATION REQUIRED PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   2.  NOTWITHSTANDING THE FOREGOING, THE STATEMENT REQUIRED BY PARAGRAPH
 (A) OF SUBDIVISION ONE OF THIS SECTION OR THE WRITTEN POLICY FOR PROHIB-
 ITING DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, REQUIRED PURSUANT  TO
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, MAY BE SUBMITTED ELEC-
 TRONICALLY  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SUBDIVISION ONE OF
 SECTION ONE HUNDRED THREE OF THIS CHAPTER.
   3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHEN THE BIDDER HAS NOT COMPLIED WITH SUBDIVISION ONE OF  THIS  SECTION;
 PROVIDED,  HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE FORE-
 GOING CERTIFICATION, SUCH BIDDER SHALL SO STATE AND SHALL  FURNISH  WITH
 THE BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THERE-
 FOR.
   4.  ANY  BID  HEREAFTER MADE TO A POLITICAL SUBDIVISION BY A CORPORATE
 BIDDER FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR  GOODS  SOLD
 OR  TO  BE SOLD, WHERE SUCH BID CONTAINS THE STATEMENT OR WRITTEN POLICY
 REQUIRED BY SUBDIVISION ONE OF THIS SECTION, SHALL  BE  DEEMED  TO  HAVE
 BEEN  AUTHORIZED  BY  THE  BOARD  OF  DIRECTORS OF SUCH BIDDER, AND SUCH
 AUTHORIZATION SHALL BE DEEMED TO INCLUDE THE SIGNING AND  SUBMISSION  OF
 SUCH  BID  AND THE INCLUSION THEREIN OF THE STATEMENT AND WRITTEN POLICY
 FOR PROHIBITING DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, AS THE  ACT
 AND DEED OF THE CORPORATION.

 A. 9505--B                         202
 
   §  28.  Subdivision  1 of section 103 of the general municipal law, as
 amended by section 1 of chapter 2 of the laws of  2012,  is  amended  to
 read as follows:
   1. Except as otherwise expressly provided by an act of the legislature
 or  by  a  local  law adopted prior to September first, nineteen hundred
 fifty-three, all contracts for public work involving an  expenditure  of
 more  than  thirty-five  thousand  dollars  and  all  purchase contracts
 involving an expenditure of more than twenty thousand dollars, shall  be
 awarded  by  the  appropriate  officer,  board  or agency of a political
 subdivision or of any district therein including but not  limited  to  a
 soil  conservation  district to the lowest responsible bidder furnishing
 the required security after advertisement for sealed bids in the  manner
 provided  by  this  section,  provided, however, that purchase contracts
 (including contracts  for  service  work,  but  excluding  any  purchase
 contracts necessary for the completion of a public works contract pursu-
 ant  to  article  eight of the labor law) may be awarded on the basis of
 best value, as defined in section one hundred sixty-three of  the  state
 finance  law,  to  a responsive and responsible bidder or offerer in the
 manner provided by this section except that in a  political  subdivision
 other  than  a city with a population of one million inhabitants or more
 or any district, board or agency with jurisdiction  exclusively  therein
 the  use  of  best  value  for  awarding a purchase contract or purchase
 contracts must be authorized by local law or, in the case of a  district
 corporation,   school  district  or  board  of  cooperative  educational
 services, by rule, regulation or resolution adopted at a public meeting.
 In any case where a responsible bidder's or responsible offerer's  gross
 price  is  reducible  by  an  allowance for the value of used machinery,
 equipment, apparatus or tools to be traded in by  a  political  subdivi-
 sion,  the gross price shall be reduced by the amount of such allowance,
 for the purpose of determining the best value.   In cases where  two  or
 more responsible bidders furnishing the required security submit identi-
 cal  bids  as  to  price,  such  officer,  board or agency may award the
 contract to any of such bidders. Such officer, board or agency  may,  in
 his  or her or its discretion, reject all bids or offers and readvertise
 for new bids or offers in the manner provided by this section. In deter-
 mining whether a purchase is an  expenditure  within  the  discretionary
 threshold amounts established by this subdivision, the officer, board or
 agency  of  a  political  subdivision  or  of any district therein shall
 consider the reasonably expected aggregate amount of  all  purchases  of
 the  same  commodities,  services  or  technology  to be made within the
 twelve-month period commencing on the date of purchase.    Purchases  of
 commodities,  services  or  technology shall not be artificially divided
 for the purpose of satisfying the discretionary buying thresholds estab-
 lished by this subdivision. A change to or a renewal of a  discretionary
 purchase shall not be permitted if the change or renewal would bring the
 reasonably  expected  aggregate  amount  of  all  purchases  of the same
 commodities, services or technology from the same  provider  within  the
 twelve-month  period  commencing on the date of the first purchase to an
 amount greater than  the  discretionary  buying  threshold  amount.  For
 purposes  of  this  section,  "sealed bids" and "sealed offers", as that
 term applies to purchase contracts,  (including  contracts  for  service
 work,  but excluding any purchase contracts necessary for the completion
 of a public works contract pursuant to article eight of the  labor  law)
 shall  include bids and offers submitted in an electronic format includ-
 ing submission of the statement of non-collusion required by section one
 hundred three-d of this article, AND THE STATEMENT  AND  WRITTEN  POLICY

 A. 9505--B                         203
 
 FOR PROHIBITING DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, REQUIRED BY
 SECTION ONE HUNDRED THREE-D-1 OF THIS ARTICLE, provided that the govern-
 ing  board  of the political subdivision or district, by resolution, has
 authorized  the receipt of bids and offers in such format. Submission in
 electronic format may, for technology contracts only, be required as the
 sole method for the submission of  bids  and  offers.  Bids  and  offers
 submitted  in  an  electronic format shall be transmitted by bidders and
 offerers to the receiving device designated by the political subdivision
 or district. Any method used to receive electronic bids and offers shall
 comply with article three of the state technology law, and any rules and
 regulations promulgated and guidelines developed thereunder  and,  at  a
 minimum,  must (a) document the time and date of receipt of each bid and
 offer received electronically; (b)  authenticate  the  identity  of  the
 sender;  (c) ensure the security of the information transmitted; and (d)
 ensure the confidentiality of the bid or offer until the time  and  date
 established  for the opening of bids or offers. The timely submission of
 an electronic bid or offer in compliance with instructions provided  for
 such submission in the advertisement for bids or offers and/or the spec-
 ifications  shall be the responsibility solely of each bidder or offerer
 or prospective bidder or offerer. No political subdivision  or  district
 therein shall incur any liability from delays of or interruptions in the
 receiving device designated for the submission and receipt of electronic
 bids and offers.
   §  29. If any provision of this act or the application thereof is held
 invalid, the remainder of this act and the application thereof to  other
 persons or circumstances shall not be affected by such holding and shall
 remain in full force and effect.
   § 30. This act shall take effect immediately; provided, however that:
   (a)  sections  one,  two,  three,  four,  five,  fourteen, fourteen-a,
 fifteen, sixteen, seventeen,  eighteen,  nineteen,  twenty,  twenty-one,
 twenty-two,  twenty-three,  twenty-four,  twenty-five, twenty-seven, and
 twenty-eight of this act shall take effect on the ninetieth day after it
 shall have become a law;
   (b) sections six, seven, eight,  nine,  ten,  and  eleven  shall  take
 effect  on  the  first  of  January next succeeding the date on which it
 shall have become a law;
   (c) the amendments to subdivision  7  of  section  163  of  the  state
 finance  law  made  by section nineteen of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith;
   (d) section thirteen  of  this  act  shall  apply  to  all  employment
 contracts  entered  into,  renewed, modified or amended on or after such
 date;
   (e) section twenty of this act shall apply to tax credits applied  for
 on or after the ninetieth day after this act shall have become a law;
   (f)  the  amendments  to  subdivision  1 of section 103 of the general
 municipal law made by section twenty-eight of this act shall not  affect
 the expiration and reversion of such subdivision pursuant to subdivision
 (a)  of  section  41  of  part  X  of chapter 62 of the laws of 2003, as
 amended, and shall expire therewith; and
   (g) effective immediately, the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such effective date.
 
                                 SUBPART J

 A. 9505--B                         204
 
   Section  1. Computer science education standards. 1.  The commissioner
 of education shall convene a working group of educators including teach-
 ers and school administrators, industry experts, institutions of  higher
 education and employers to review existing nationally recognized comput-
 er  science  frameworks  and develop draft model New York state computer
 science standards for kindergarten through  grade  12.    The  workgroup
 shall  use  their  educational or technological expertise to ensure that
 the model standards they recommend to the commissioner of education  and
 Board of Regents prepare students for postsecondary education or employ-
 ment in the computer science field.
   2.  On  or  before December 1, 2020, the working group shall deliver a
 report to the commissioner of education and the Board of Regents detail-
 ing the findings of the working group and recommend draft model  kinder-
 garten through grade 12 computer science standards for their approval.
   § 2. This act shall take effect immediately.
 
                                 SUBPART K
 
                           Intentionally Omitted
 
                                 SUBPART L

   Section  1. Title 6 of article 2 of the public health law, as added by
 chapter 342 of the laws of 2014, is amended by adding a new section  267
 to read as follows:
   §  267.  FEMININE  HYGIENE  PRODUCTS  IN  SCHOOLS.  ALL ELEMENTARY AND
 SECONDARY PUBLIC SCHOOLS  AND  CHARTER  SCHOOLS  IN  THE  STATE  SERVING
 STUDENTS  IN ANY GRADE FROM GRADE SIX THROUGH GRADE TWELVE SHALL PROVIDE
 FEMININE HYGIENE PRODUCTS IN THE RESTROOMS OF SUCH  SCHOOL  BUILDING  OR
 BUILDINGS. SUCH PRODUCTS SHALL BE PROVIDED AT NO CHARGE TO STUDENTS.
   § 2. This act shall take effect July 1, 2018.
 
                                 SUBPART M
 
   Section  1.  Subdivision  15  of  section  378 of the executive law is
 renumbered as subdivision 18.
   § 2. Subdivision 16 of section 378 of the executive law is  renumbered
 subdivision  15  and two new subdivisions 16 and 17 are added to read as
 follows:
   16. STANDARDS REQUIRING THE INSTALLATION AND MAINTENANCE OF  AT  LEAST
 ONE SAFE, SANITARY, AND CONVENIENT DIAPER CHANGING STATION, DECK, TABLE,
 OR  SIMILAR  AMENITY  WHICH  SHALL BE AVAILABLE FOR USE BY BOTH MALE AND
 FEMALE OCCUPANTS AND WHICH  SHALL  COMPLY  WITH  SECTION  603.5  (DIAPER
 CHANGING  TABLES)  OF  THE  TWO THOUSAND NINE EDITION OF THE PUBLICATION
 ENTITLED ICC A117.1, ACCESSIBLE AND  USABLE  BUILDINGS  AND  FACILITIES,
 PUBLISHED  BY  THE INTERNATIONAL CODE COUNCIL, INC., ON EACH FLOOR LEVEL
 CONTAINING A PUBLIC TOILET ROOM IN ALL NEWLY  CONSTRUCTED  BUILDINGS  IN
 THE  STATE  THAT  HAVE  ONE OR MORE AREAS CLASSIFIED AS ASSEMBLY GROUP A
 OCCUPANCIES OR MERCANTILE GROUP M OCCUPANCIES AND IN ALL EXISTING BUILD-
 INGS IN THE STATE THAT HAVE ONE OR MORE  AREAS  CLASSIFIED  AS  ASSEMBLY
 GROUP  A  OCCUPANCIES  OR  MERCANTILE  GROUP M OCCUPANCIES AND UNDERGO A
 SUBSTANTIAL RENOVATION. THE COUNCIL SHALL PRESCRIBE THE  TYPE  OF  RENO-
 VATION  TO  BE DEEMED TO BE A SUBSTANTIAL RENOVATION FOR THE PURPOSES OF
 THIS SUBDIVISION. THE COUNCIL MAY EXEMPT  HISTORIC  BUILDINGS  FROM  THE
 REQUIREMENTS OF THIS SUBDIVISION.

 A. 9505--B                         205
 
   17.  STANDARDS  REQUIRING  THAT, IN EACH BUILDING THAT HAS ONE OR MORE
 AREAS CLASSIFIED AS ASSEMBLY GROUP A OCCUPANCIES OR MERCANTILE  GROUP  M
 OCCUPANCIES  AND  IN  WHICH  AT LEAST ONE DIAPER CHANGING STATION, DECK,
 TABLE, OR SIMILAR AMENITY IS INSTALLED, A SIGN  SHALL  BE  POSTED  IN  A
 CONSPICUOUS  PLACE IN EACH PUBLIC TOILET ROOM INDICATING THE LOCATION OF
 THE NEAREST DIAPER CHANGING STATION, DECK,  TABLE,  OR  SIMILAR  AMENITY
 THAT  IS  AVAILABLE FOR USE BY THE GENDER USING SUCH PUBLIC TOILET ROOM.
 THE REQUIREMENTS OF THIS  SUBDIVISION  SHALL  APPLY  WITHOUT  REGARD  TO
 WHETHER THE DIAPER CHANGING STATION, DECK, TABLE, OR SIMILAR AMENITY WAS
 INSTALLED VOLUNTARILY OR PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION
 OR  ANY OTHER APPLICABLE LAW, STATUTE, RULE, OR REGULATION. NO SUCH SIGN
 SHALL BE REQUIRED IN A PUBLIC TOILET ROOM IN WHICH ANY  DIAPER  CHANGING
 STATION, DECK, TABLE, OR SIMILAR AMENITY IS LOCATED.
   §  3.  This  act shall take effect January 1, 2019; provided, however,
 that effective immediately, the addition, amendment and/or repeal of any
 rules or regulations by the secretary of state and/or by the state  fire
 prevention and building code council necessary for the implementation of
 section  two  of  this  act  on  its  effective  date are authorized and
 directed to be made and completed on or before such effective date.
 
                                 SUBPART N
 
   Section 1. Paragraph 13 of subsection  (i)  of  section  3216  of  the
 insurance  law is amended by adding three new subparagraphs (C), (D) and
 (E) to read as follows:
   (C) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE  THAT
 PROVIDES  COVERAGE  FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL PROVIDE
 COVERAGE FOR:
   (I) IN VITRO FERTILIZATION USED IN THE TREATMENT OF INFERTILITY; AND
   (II) STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY MEDICAL
 TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY  TO  A
 COVERED PERSON.
   (D)  (I)  FOR  THE  PURPOSES  OF  SUBPARAGRAPH  (C) OF THIS PARAGRAPH,
 "INFERTILITY" MEANS A DISEASE OR CONDITION CHARACTERIZED BY THE INCAPAC-
 ITY TO IMPREGNATE ANOTHER PERSON OR TO CONCEIVE, AS DIAGNOSED OR  DETER-
 MINED (I) BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE, OR
 (II)  BY  THE  FAILURE  TO  ESTABLISH  A CLINICAL PREGNANCY AFTER TWELVE
 MONTHS OF REGULAR, UNPROTECTED SEXUAL INTERCOURSE, OR AFTER  SIX  MONTHS
 OF REGULAR, UNPROTECTED SEXUAL INTERCOURSE IN THE CASE OF A FEMALE THIR-
 TY-FIVE YEARS OF AGE OR OLDER.
   (II)  FOR  THE PURPOSES OF SUBPARAGRAPH (C) OF THIS PARAGRAPH, "IATRO-
 GENIC INFERTILITY" MEANS AN IMPAIRMENT OF FERTILITY  BY  SURGERY,  RADI-
 ATION,  CHEMOTHERAPY  OR  OTHER MEDICAL TREATMENT AFFECTING REPRODUCTIVE
 ORGANS OR PROCESSES.
   (E) NO INSURER PROVIDING COVERAGE UNDER THIS PARAGRAPH SHALL DISCRIMI-
 NATE BASED ON A COVERED INDIVIDUAL'S EXPECTED LENGTH OF LIFE, PRESENT OR
 PREDICTED DISABILITY, DEGREE OF MEDICAL DEPENDENCY, PERCEIVED QUALITY OF
 LIFE, OR OTHER HEALTH CONDITIONS, NOR BASED ON PERSONAL CHARACTERISTICS,
 INCLUDING AGE, SEX, SEXUAL ORIENTATION, MARITAL STATUS OR GENDER IDENTI-
 TY.
   § 2. Paragraph 6 of subsection (k) of section 3221  of  the  insurance
 law  is  amended  by  adding three new subparagraphs (E), (F) and (G) to
 read as follows:
   (E) EVERY GROUP POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE
 THAT  PROVIDES  HOSPITAL,  SURGICAL  OR  MEDICAL  COVERAGE SHALL PROVIDE
 COVERAGE FOR:

 A. 9505--B                         206
 
   (I) IN VITRO FERTILIZATION USED IN THE TREATMENT OF INFERTILITY; AND
   (II) STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY MEDICAL
 TREATMENT  MAY  DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY TO A
 COVERED PERSON.
   (F) (I) FOR THE  PURPOSES  OF  SUBPARAGRAPH  (E)  OF  THIS  PARAGRAPH,
 "INFERTILITY" MEANS A DISEASE OR CONDITION CHARACTERIZED BY THE INCAPAC-
 ITY  TO IMPREGNATE ANOTHER PERSON OR TO CONCEIVE, AS DIAGNOSED OR DETER-
 MINED (I) BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE, OR
 (II) BY THE FAILURE TO  ESTABLISH  A  CLINICAL  PREGNANCY  AFTER  TWELVE
 MONTHS  OF  REGULAR, UNPROTECTED SEXUAL INTERCOURSE, OR AFTER SIX MONTHS
 OF REGULAR, UNPROTECTED SEXUAL INTERCOURSE IN THE CASE OF A FEMALE THIR-
 TY-FIVE YEARS OF AGE OR OLDER.
   (II) FOR THE PURPOSES OF SUBPARAGRAPH (E) OF THIS  PARAGRAPH,  "IATRO-
 GENIC  INFERTILITY"  MEANS  AN IMPAIRMENT OF FERTILITY BY SURGERY, RADI-
 ATION, CHEMOTHERAPY OR OTHER MEDICAL  TREATMENT  AFFECTING  REPRODUCTIVE
 ORGANS OR PROCESSES.
   (G) NO INSURER PROVIDING COVERAGE UNDER THIS PARAGRAPH SHALL DISCRIMI-
 NATE BASED ON A COVERED INDIVIDUAL'S EXPECTED LENGTH OF LIFE, PRESENT OR
 PREDICTED DISABILITY, DEGREE OF MEDICAL DEPENDENCY, PERCEIVED QUALITY OF
 LIFE, OR OTHER HEALTH CONDITIONS, NOR BASED ON PERSONAL CHARACTERISTICS,
 INCLUDING AGE, SEX, SEXUAL ORIENTATION, MARITAL STATUS OR GENDER IDENTI-
 TY.
   §  3.  Subsection (s) of section 4303 of the insurance law, as amended
 by section 2 of part F of chapter 82 of the laws of 2002, is amended  by
 adding three new paragraphs 5, 6 and 7 to read as follows:
   (5)  EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
 HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION FOR  DELIVERY
 IN THIS STATE THAT PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
 PROVIDE COVERAGE FOR:
   (A) IN VITRO FERTILIZATION USED IN THE TREATMENT OF INFERTILITY; AND
   (B)  STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY MEDICAL
 TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY  TO  A
 COVERED PERSON.
   (6) (A) FOR THE PURPOSES OF PARAGRAPH FIVE OF THIS SUBSECTION, "INFER-
 TILITY"  MEANS A DISEASE OR CONDITION CHARACTERIZED BY THE INCAPACITY TO
 IMPREGNATE ANOTHER PERSON OR TO CONCEIVE, AS DIAGNOSED OR DETERMINED (I)
 BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE, OR  (II)  BY
 THE  FAILURE  TO  ESTABLISH  A CLINICAL PREGNANCY AFTER TWELVE MONTHS OF
 REGULAR, UNPROTECTED SEXUAL INTERCOURSE, OR AFTER SIX MONTHS OF REGULAR,
 UNPROTECTED SEXUAL INTERCOURSE IN THE CASE OF A FEMALE THIRTY-FIVE YEARS
 OF AGE OR OLDER.
   (B) FOR THE PURPOSES OF PARAGRAPH FIVE OF THIS SUBSECTION, "IATROGENIC
 INFERTILITY" MEANS AN IMPAIRMENT OF  FERTILITY  BY  SURGERY,  RADIATION,
 CHEMOTHERAPY OR OTHER MEDICAL TREATMENT AFFECTING REPRODUCTIVE ORGANS OR
 PROCESSES.
   (7)  NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
 RATION OR HEALTH  SERVICE  CORPORATION  PROVIDING  COVERAGE  UNDER  THIS
 SUBSECTION  SHALL  DISCRIMINATE BASED ON A COVERED INDIVIDUAL'S EXPECTED
 LENGTH OF LIFE, PRESENT  OR  PREDICTED  DISABILITY,  DEGREE  OF  MEDICAL
 DEPENDENCY,  PERCEIVED  QUALITY OF LIFE, OR OTHER HEALTH CONDITIONS, NOR
 BASED ON PERSONAL CHARACTERISTICS, INCLUDING  AGE,  SEX,  SEXUAL  ORIEN-
 TATION, MARITAL STATUS OR GENDER IDENTITY.
   § 4. Subparagraph (C) of paragraph 6 of subsection (k) of section 3221
 of the insurance law, as amended by section 1 of part K of chapter 82 of
 the laws of 2002, is amended to read as follows:

 A. 9505--B                         207
 
   (C)   Coverage  of  diagnostic  and  treatment  procedures,  including
 prescription drugs, used in the diagnosis and treatment  of  infertility
 as  required  by  subparagraphs  (A)  and (B) of this paragraph shall be
 provided in accordance with the provisions of this subparagraph.
   (i)  [Coverage  shall  be  provided  for persons whose ages range from
 twenty-one through forty-four years, provided that nothing herein  shall
 preclude  the  provision  of  coverage  to persons whose age is below or
 above such range.
   (ii)] Diagnosis and treatment of infertility shall  be  prescribed  as
 part  of  a  physician's  overall  plan  of care and consistent with the
 guidelines for coverage as referenced in this subparagraph.
   [(iii)] (II) Coverage may be subject to co-payments,  coinsurance  and
 deductibles  as  may  be deemed appropriate by the superintendent and as
 are consistent with those established for other benefits within a  given
 policy.
   [(iv)  Coverage  shall  be  limited to those individuals who have been
 previously covered under the policy for a period of not less than twelve
 months, provided that for the purposes of this subparagraph  "period  of
 not  less  than  twelve  months" shall be determined by calculating such
 time from either the date the insured was first covered under the exist-
 ing policy or from the date the insured was first covered by a previous-
 ly in-force converted policy, whichever is earlier.
   (v)] (III) Coverage shall not be required to include the diagnosis and
 treatment of infertility in connection with: (I)  [in  vitro  fertiliza-
 tion, gamete intrafallopian tube transfers or zygote intrafallopian tube
 transfers;  (II)]  the reversal of elective sterilizations; [(III)] (II)
 sex change procedures; [(IV)] (III) cloning; or [(V)]  (IV)  medical  or
 surgical  services  or  procedures that are deemed to be experimental in
 accordance with clinical guidelines referenced in clause [(vi)] (IV)  of
 this subparagraph.
   [(vi)]  (IV) The superintendent, in consultation with the commissioner
 of health, shall promulgate regulations which shall stipulate the guide-
 lines and standards which shall be used in carrying out  the  provisions
 of this subparagraph, which shall include:
   (I)  [The determination of "infertility" in accordance with the stand-
 ards and guidelines established and adopted by the American  College  of
 Obstetricians  and  Gynecologists and the American Society for Reproduc-
 tive Medicine;
   (II)] The identification of experimental procedures and treatments not
 covered for the diagnosis and treatment  of  infertility  determined  in
 accordance  with the standards and guidelines established and adopted by
 the American College of Obstetricians and Gynecologists and the American
 Society for Reproductive Medicine;
   [(III)] (II) The identification of the required  training,  experience
 and  other  standards  for  health  care  providers for the provision of
 procedures and treatments for the diagnosis and treatment of infertility
 determined in accordance with the standards and  guidelines  established
 and  adopted  by the American College of Obstetricians and Gynecologists
 and the American Society for Reproductive Medicine; and
   [(IV)] (III) The determination of appropriate  medical  candidates  by
 the  treating  physician in accordance with the standards and guidelines
 established and adopted by the American  College  of  Obstetricians  and
 Gynecologists and/or the American Society for Reproductive Medicine.
   §  5.  Paragraph  3 of subsection (s) of section 4303 of the insurance
 law, as amended by section 2 of part K of chapter  82  of  the  laws  of
 2002, is amended to read as follows:

 A. 9505--B                         208
 
   (3)   Coverage  of  diagnostic  and  treatment  procedures,  including
 prescription drugs used in the diagnosis and treatment of infertility as
 required by paragraphs one and two of this subsection shall be  provided
 in accordance with this paragraph.
   (A)  [Coverage  shall  be  provided  for persons whose ages range from
 twenty-one through forty-four years, provided that nothing herein  shall
 preclude  the  provision  of  coverage  to persons whose age is below or
 above such range.
   (B)] Diagnosis and treatment of infertility  shall  be  prescribed  as
 part  of  a  physician's  overall  plan  of care and consistent with the
 guidelines for coverage as referenced in this paragraph.
   [(C)] (B) Coverage may be  subject  to  co-payments,  coinsurance  and
 deductibles  as  may  be deemed appropriate by the superintendent and as
 are consistent with those established for other benefits within a  given
 policy.
   [(D)  Coverage  shall  be  limited  to those individuals who have been
 previously covered under the policy for a period of not less than twelve
 months, provided that for the purposes of this paragraph "period of  not
 less  than  twelve  months" shall be determined by calculating such time
 from either the date the insured was first covered  under  the  existing
 policy  or  from  the date the insured was first covered by a previously
 in-force converted policy, whichever is earlier.
   (E)] (C) Coverage shall not be required to include the  diagnosis  and
 treatment  of  infertility  in connection with: (i) [in vitro fertiliza-
 tion, gamete intrafallopian tube transfers or zygote intrafallopian tube
 transfers; (ii)] the reversal of elective sterilizations;  [(iii)]  (II)
 sex  change  procedures;  [(iv)] (III) cloning; or [(v)] (IV) medical or
 surgical services or procedures that are deemed to  be  experimental  in
 accordance with clinical guidelines referenced in subparagraph [(F)] (D)
 of this paragraph.
   [(F)] (D) The superintendent, in consultation with the commissioner of
 health,  shall  promulgate  regulations which shall stipulate the guide-
 lines and standards which shall be used in carrying out  the  provisions
 of this paragraph, which shall include:
   (i)  [The determination of "infertility" in accordance with the stand-
 ards and guidelines established and adopted by the American  College  of
 Obstetricians  and  Gynecologists and the American Society for Reproduc-
 tive Medicine;
   (ii)] The identification of experimental procedures and treatments not
 covered for the diagnosis and treatment  of  infertility  determined  in
 accordance  with the standards and guidelines established and adopted by
 the American College of Obstetricians and Gynecologists and the American
 Society for Reproductive Medicine;
   [(iii)] (II) The identification of the required  training,  experience
 and  other  standards  for  health  care  providers for the provision of
 procedures and treatments for the diagnosis and treatment of infertility
 determined in accordance with the standards and  guidelines  established
 and  adopted  by the American College of Obstetricians and Gynecologists
 and the American Society for Reproductive Medicine; and
   [(iv)] (III) The determination of appropriate  medical  candidates  by
 the  treating  physician in accordance with the standards and guidelines
 established and adopted by the American  College  of  Obstetricians  and
 Gynecologists and/or the American Society for Reproductive Medicine.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall apply to  all
 policies issued, renewed, altered or modified on or after such date.

 A. 9505--B                         209
 
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through N of this act  shall
 be as specifically set forth in the last section of such subparts.
 
                                 PART GGG
 
   Section  1.  Section  1-104 of the election law is amended by adding a
 new subdivision 38 to read as follows:
   38. "COMPUTER GENERATED REGISTRATION LIST" MEANS A  PRINTED  OR  ELEC-
 TRONIC  LIST  OF  VOTERS  IN  ALPHABETICAL  ORDER  FOR A SINGLE ELECTION
 DISTRICT OR POLL SITE, GENERATED FROM A COMPUTER REGISTRATION  FILE  FOR
 EACH  ELECTION  AND CONTAINING FOR EACH VOTER LISTED, A FACSIMILE OF THE
 SIGNATURE OF THE VOTER. SUCH A LIST MAY BE IN A SINGLE VOLUME OR IN MORE
 THAN ONE VOLUME. THE LIST MAY BE UTILIZED IN PLACE OF REGISTRATION  POLL
 RECORDS,  TO  ESTABLISH  A  PERSON'S  ELIGIBILITY TO VOTE IN THE POLLING
 PLACE ON ELECTION DAY.
   § 2. Subdivision 1 of section 4-128 of the election law, as amended by
 chapter 125 of the laws of 2011, is amended to read as follows:
   1. The board of elections of each county shall provide  the  requisite
 number  of  official  and facsimile ballots, two cards of instruction to
 voters in the form prescribed by the state board of elections, at  least
 one  copy of the instruction booklet for inspectors, a sufficient number
 of maps, street finders or other descriptions  of  all  of  the  polling
 places  and election districts within the political subdivision in which
 the polling place is located to enable the election inspectors and  poll
 clerks  to determine the correct election district and polling place for
 each street address within the political subdivision in which the  poll-
 ing  place is located, distance markers, tally sheets and return blanks,
 pens, [black ink, or ball point pens with black  ink,]  pencils  [having
 black  lead],  OR  OTHER  APPROPRIATE MARKING DEVICES, envelopes for the
 ballots of voters whose registration poll records are not in the  ledger
 or whose names are not [on] IN the computer generated registration list,
 envelopes for returns, identification buttons, badges or emblems for the
 inspectors  and  clerks  in  the  form  prescribed by the state board of
 elections and such other articles of stationery as may be necessary  for
 the  proper  conduct  of  elections,  except  that  when a town, city or
 village holds an election not conducted by the board of  elections,  the
 clerk  of  such  town,  city or village, shall provide such official and
 facsimile ballots and the necessary blanks, supplies and stationery  for
 such election.
   § 3. Subdivision c of section 4-132 of the election law, as amended by
 chapter 164 of the laws of 1985, is amended to read as follows:
   c.  A  booth or device in each election district for the use of voters
 marking ballots. Such booth or device shall  be  so  constructed  as  to
 permit  the  voter  to  mark  his  OR HER ballot in secrecy and shall be
 furnished at all times with [a pencil having black lead only] AN  APPRO-
 PRIATE MARKING DEVICE.

 A. 9505--B                         210
 
   § 4. Section 4-134 of the election law, the section heading as amended
 by  chapter  373 of the laws of 1978, subdivisions 1 and 3 as amended by
 chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter  635
 of the laws of 1990, is amended to read as follows:
   §  4-134.  Preparation and delivery of ballots, supplies and equipment
 for use at elections. 1. The board of elections shall  deliver,  at  its
 office,  to  the  clerk  of  each town or city in the county, except the
 cities of New York, Buffalo and Rochester  and  to  the  clerk  of  each
 village  in  the county in which elections are conducted by the board of
 elections, by the Saturday before the primary, general, village or other
 election for which they are required: the official and  sample  ballots;
 ledgers  prepared for delivery in the manner provided in subdivision two
 of this section and containing the  registration  poll  records  of  all
 persons entitled to vote at such election in such town, city or village,
 or  computer  generated  registration  lists containing the names of all
 persons entitled to vote at such election in such town, city or village;
 challenge reports prepared  as  directed  by  this  chapter;  sufficient
 applications for registration by mail; sufficient ledger seals and other
 supplies  and  equipment  required by this article to be provided by the
 board of elections for each polling place in such town, city or village.
 The town, city or village clerk shall call at the office of  such  board
 of  elections at such time and receive such ballots, supplies and equip-
 ment. In the cities of New York, Buffalo  and  Rochester  the  board  of
 elections  shall cause such ballots, supplies and equipment to be deliv-
 ered to the board of inspectors of each election district  approximately
 one-half hour before the opening of the polls for voting, and shall take
 receipts therefor.
   2.  The  board of elections shall provide for each election district a
 ledger or ledgers containing the registration poll records or  [printed]
 lists with computer generated facsimile signatures, of all persons enti-
 tled  to  vote  in such election district at such election. Such ledgers
 shall be labelled, sealed, locked and  transported  in  locked  carrying
 cases.  After leaving the board of elections no such carrying case shall
 be unlocked except at the time and in the manner provided in this  chap-
 ter.
   3.  [Any  envelope  containing  absentee  voters' ballots on which the
 blanks have not been properly filled in shall be stamped to indicate the
 defect and shall be preserved by the board for at least one  year  after
 the receipt thereof.
   4.] Each kind of official ballot shall be arranged in a package in the
 consecutive  order of the numbers printed on the stubs thereof beginning
 with number one. All official  and  sample  ballots  for  each  election
 district  shall  be  in  separate sealed packages, clearly marked on the
 outside thereof, with the number and kind of ballots  contained  therein
 and  indorsed  with  the  designation of the election district for which
 they were prepared.  The  other  supplies  provided  for  each  election
 district also shall be [inclosed] ENCLOSED in a sealed package, or pack-
 ages,  with  a label on the outside thereof showing the contents of each
 package.
   [5. Each town, city and village clerk receiving  such  packages  shall
 cause  all] 4. ALL such packages so received and marked for any election
 district [to] SHALL be delivered unopened and  with  the  seals  thereof
 unbroken  to  the  inspectors  of election of such election districts at
 least [one-half] ONE hour before  the  opening  of  the  polls  of  such
 election  therein, [and] WHO shall [take] GIVE a receipt therefor speci-

 A. 9505--B                         211

 fying the number and kind of packages delivered. [At the same time  each
 such  clerk shall cause to be delivered to such inspectors the equipment
 described in subdivision two of this section and shall cause  a  receipt
 to be taken therefor.
   6.]  5. Town, city and village clerks required to provide official and
 sample ballots, registration records, seals, supplies and equipment,  as
 described  in  this  section,  for  town, city and village elections not
 conducted by the board of elections, shall in like manner, deliver  them
 to  the inspectors or presiding officers of the election at each polling
 place at which such meetings and elections are  held,  respectively,  in
 like  sealed  packages  marked  on the outside in like manner, and shall
 take receipts therefor in like manner.
   § 5. Subdivision 1 of section 5-302 of the election law, as separately
 amended by chapter 164 and chapter 558 of the laws of 1985,  is  amended
 to read as follows:
   1.  Before  placing the registration poll record in the poll ledger OR
 IN THE COMPUTER GENERATED REGISTRATION LIST, the board  shall  enter  in
 the  space  provided  therefor  [on  the  back of such registration poll
 record] the name of the party designated by the voter on his application
 form, provided such party continues to be a party  as  defined  in  this
 law.    If such party ceases to be a party at any time, either before or
 after such enrollment is so entered, the enrollment of such voter  shall
 be  deemed  to  be  blank  and shall be entered as such until such voter
 files an application for change of enrollment pursuant to the provisions
 of this chapter.  [In the city of New York the board shall also affix  a
 gummed  sticker  of  a different color for each party in a place on such
 registration poll record immediately adjacent to such entry.] The  board
 shall  enter  the  date  of such entry and affix initials thereto in the
 space provided.
   § 6. Paragraph c of subdivision 3 of section  5-506  of  the  election
 law,  as  amended by chapter 659 of the laws of 1994, is amended to read
 as follows:
   c. The computer generated registration list prepared for each election
 in each election district shall be [printed by a printer] PREPARED IN  A
 MANNER  which  meets  or  exceeds  standards  for  clarity  and speed of
 [reproduction] PRODUCTION established by the state board  of  elections,
 shall  be  in  a form approved by such board, shall include the names of
 all voters eligible to vote in such election and shall be  in  alphabet-
 ical  order, except that, at a primary election, the names of the voters
 enrolled in each political party may be placed in a separate part of the
 list or in a separate list, as the board of elections in its discretion,
 may determine.  Such list shall contain, adjacent to each voter's  name,
 OR  IN  A  SPACE  SO DESIGNATED, at least the following: street address,
 date of birth,  party  enrollment,  year  of  registration,  a  computer
 reproduced  facsimile of the voter's signature or an indication that the
 voter is unable to sign his name, a place for the voter to sign his name
 at such election and a place for  the  inspectors  to  mark  the  voting
 machine number, the public counter number [and] IF ANY, OR the number of
 any paper ballots given the voter.
   § 7. Subdivision 2 of section 8-202 of the election law, as amended by
 chapter 164 of the laws of 2010, is amended to read as follows:
   2.  The  exterior  of  any  ballot  scanner, ballot marking device and
 privacy booth and every part of the polling place shall be in plain view
 of the election inspectors and watchers.  The  ballot  scanners,  ballot
 marking  devices,  and privacy booths shall be placed at least four feet
 from the table used by the inspectors in  charge  of  the  poll  [books]

 A. 9505--B                         212
 
 LEDGER  OR COMPUTER GENERATED REGISTRATION LIST. The guard-rail shall be
 at least three feet from the machine and the table used by  the  inspec-
 tors.  The  election  inspectors  shall  not themselves be, or allow any
 other  person  to  be,  in  any position or near any position, that will
 permit one to see or ascertain how a voter votes, or how he or  she  has
 voted  nor shall they permit any other person to be less than three feet
 from the ballot scanner, ballot marking device, or privacy  booth  while
 occupied.  The  election inspectors or clerks attending the ballot scan-
 ner, ballot marking device, or privacy booth shall regularly inspect the
 face of the ballot scanner, ballot marking device, or  the  interior  of
 the privacy booth to see that the ballot scanner, ballot marking device,
 or privacy booth has not been damaged or tampered with. During elections
 the  door  or  other  covering of the counter compartment of the machine
 shall not be unlocked or opened except by  a  member  of  the  board  of
 elections,  a  voting  machine  custodian  or  any other person upon the
 specific instructions of the board of elections.
   § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the  election
 law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
 visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
 ing  paragraph  of  paragraph (e) of subdivision 3 as amended by chapter
 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
 vision 3 as amended by chapter 164 of the laws of 2010, are  amended  to
 read as follows:
   2.  The  voter shall give [his] THE VOTER'S name and [his] THE VOTER'S
 residence address to the inspectors. An inspector shall then loudly  and
 distinctly announce the name and residence of the voter.
   2-a. (a) If a voter's name appears in the LEDGER OR computer generated
 registration  list  with a notation indicating that the voter's identity
 was not yet verified as required by the federal Help America  Vote  Act,
 the  inspector shall require that the voter produce one of the following
 types of identification before permitting the voter to cast his  or  her
 vote on the voting machine:
   (i)  a  driver's  license  or  department of motor vehicles non-driver
 photo ID card or other current and valid photo identification;
   (ii) a copy of a current  utility  bill,  bank  statement,  government
 check,  paycheck  or  other  government document that shows the name and
 address of the voter.
   (b) If the voter produces an identification document listed  in  para-
 graph  (a)  of  this subdivision, the inspector shall indicate so in the
 LEDGER OR computer generated registration list, the voter will be deemed
 verified as required by the federal Help America Vote Act and the  voter
 shall be permitted to cast his or her vote on the voting machine.
   (c) If the voter does not produce an identification document listed in
 paragraph  (a)  of this subdivision, the voter shall only be entitled to
 vote by affidavit ballot unless a court order provides otherwise.
   3. (a) If an applicant is challenged, the board, without delay,  shall
 either  enter  his  name  in  the second section of the challenge report
 together with the other entries required to  be  made  in  such  section
 opposite the applicant's name or make an entry next to [his] THE VOTER'S
 name  [on]  IN  the computer generated registration list or in the place
 provided [at the end of] IN the computer generated registration list.
   (b) A person who claims to have moved to  a  new  address  within  the
 election  district  in  which  he  OR SHE is registered to vote shall be
 permitted to vote in the same manner as other voters  unless  challenged
 on other grounds. The inspectors shall enter the names and new addresses
 of  all such persons in either the first section of the challenge report

 A. 9505--B                         213
 
 or in the place provided [at the  end  of]  IN  the  computer  generated
 registration  list  and  shall  also  enter the new address next to such
 person's address on such computer generated registration list. When  the
 registration  poll  records of persons who have voted from new addresses
 within  the  same  election  district  are  returned  to  the  board  of
 elections,  such  board  shall  change the addresses on the face of such
 registration  poll  records  without  completely  obliterating  the  old
 addresses  and  shall enter such new addresses and the new addresses for
 any such persons whose names were [on] IN computer  generated  registra-
 tion lists into its computer records for such persons.
   (c)  A  person who claims a changed name shall be permitted to vote in
 the same manner as other voters unless challenged on other grounds.  The
 inspectors shall either enter the names of all such persons in the first
 section of the challenge report or in the place provided [at the end of]
 IN  the  computer generated registration list, in the form in which they
 are registered, followed in parentheses by the name as changed or  enter
 the  name as changed next to such voter's name on the computer generated
 registration list. The voter shall sign first on the  registration  poll
 record  or  [on]  IN  the computer generated registration list, the name
 under which the voter is registered and, immediately above it,  the  new
 name,  provided  that  [on]  IN such [a computer generated] registration
 list, the new name may be signed in the place provided [at  the  end  of
 such list].  When the registration poll record of a person who has voted
 under a new name is returned to the board of elections, such board shall
 change  [his] THE VOTER'S name on the face of each [of his] registration
 [records] RECORD without completely obliterating the old one, and there-
 after such person shall vote only under his OR HER new name. If a  voter
 has  signed  a  new name [on] IN a computer generated registration list,
 such board shall enter such voter's new name and new signature  in  such
 voter's computer record.
   (d) If an applicant requests assistance in voting and qualifies there-
 for, the board shall provide assistance as directed by this chapter, and
 shall  without  delay  either  enter such applicant's name and the other
 entries required in the third section of the challenge report or make an
 entry next to such applicant's  name  [on]  IN  the  computer  generated
 registration  list  or in the place provided [at the end of the computer
 generated] IN SUCH registration list.
   (e) Whenever a voter presents himself or herself and offers to cast  a
 ballot,  and  he or she claims to live in the election district in which
 he or she seeks to vote but no registration poll record can be found for
 him or her in the poll ledger or his or her name does not appear [on] IN
 the computer generated registration list or his or  her  signature  does
 not  appear  next  to  his or her name [on] IN such [computer generated]
 registration list or his or her registration poll record or the computer
 generated registration list does not show him or her to be  enrolled  in
 the  party  in  which  he  or she claims to be enrolled, a poll clerk or
 election  inspector  shall  consult  a  map,  street  finder  or   other
 description  of  all of the polling places and election districts within
 the political subdivision in which said election district is located and
 if necessary, contact the board of  elections  to  obtain  the  relevant
 information  and  advise  the  voter  of  the  correct polling place and
 election district for the residence address provided  by  the  voter  to
 such  poll  clerk or election inspector. Thereafter, such voter shall be
 permitted  to  vote  in  said  election  district  only  as  hereinafter
 provided:

 A. 9505--B                         214
 
   (i)  He  OR  SHE may present a court order requiring that he OR SHE be
 permitted to vote. At a primary election, such a court order must speci-
 fy the party in which the voter is permitted to  vote.  [He]  THE  VOTER
 shall be required to sign [his] THEIR full name on top of the first page
 of  such  order,  together  with  [his]  THE VOTER'S registration serial
 number, if any, and  [his]  THE  VOTER'S  name  and  the  other  entries
 required  shall  then  be entered without delay in the fourth section of
 the challenge report or in the place provided [at the  end  of]  IN  the
 computer  generated registration list, or, if such person's name appears
 on [the  computer  generated]  SUCH  registration  list,  the  board  of
 elections may provide a place to make such entry next to his OR HER name
 on  such  list.  The voter shall then be permitted to vote in the manner
 otherwise prescribed for voters  whose  registration  poll  records  are
 found  in  the ledger or whose names are found on the computer generated
 registration list; or
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or she has duly  registered  to  vote,  the  address  in  such  election
 district  from which he or she registered, that he or she remains a duly
 qualified voter in such election district, that his or her  registration
 poll  record  appears  to  be  lost or misplaced or that his or her name
 and/or his or her signature was  omitted  from  the  computer  generated
 registration  list or that he or she has moved within the county or city
 since he or she last registered, the address from which he  or  she  was
 previously  registered  and  the  address  at  which he or she currently
 resides, and at a primary election, the party in  which  he  or  she  is
 enrolled.  The  inspectors  of election shall offer such an affidavit to
 each such voter whose residence address is in  such  election  district.
 Each  such affidavit shall be in a form prescribed by the state board of
 elections, shall be printed on an envelope of the size and quality  used
 for  an  absentee  ballot  envelope, and shall contain an acknowledgment
 that the affiant understands that any false statement  made  therein  is
 perjury  punishable  according to law. Such form prescribed by the state
 board of elections shall request information required to  register  such
 voter  should  the  county board determine that such voter is not regis-
 tered and shall constitute an application to  register  to  vote.    The
 voter's  name  and  the  entries  required shall then be entered without
 delay and without further inquiry in the fourth section of the challenge
 report or in the place provided [at the end of] IN the  computer  gener-
 ated  registration  list,  with the notation that the voter has executed
 the affidavit hereinabove prescribed, or, if such person's name  appears
 [on  the  computer  generated]  IN  SUCH registration list, the board of
 elections may provide a place to make such entry next to his or her name
 [on] IN such list.  The voter shall then, without  further  inquiry,  be
 permitted to vote an affidavit ballot provided for by this chapter. Such
 ballot  shall  thereupon be placed in the envelope containing his or her
 affidavit, and  the  envelope  sealed  and  returned  to  the  board  of
 elections  in the manner provided by this chapter for protested official
 ballots, including a statement of the number of such ballots.
   4. At a primary election, a voter whose registration poll record is in
 the ledger OR COMPUTER GENERATED REGISTRATION LIST shall be permitted to
 vote only in the primary of the party in which such record  shows  [him]
 THE  VOTER  to  be  enrolled unless [he] THE VOTER shall present a court
 order pursuant to the provisions of subparagraph (i) of paragraph (e) of
 subdivision three of this section  requiring  that  [he]  THE  VOTER  be
 permitted  to  vote  in the primary of another party, or unless [he] THE
 VOTER shall present a certificate of enrollment issued by the  board  of

 A. 9505--B                         215
 
 elections,  not  earlier  than  one  month before such primary election,
 pursuant to the provisions of this chapter which certifies that [he] THE
 VOTER is enrolled in a party other than the one  in  which  such  record
 shows  [him]  THE  VOTER  to  be  enrolled,  or  unless  he OR SHE shall
 subscribe an affidavit pursuant to the provisions of  subparagraph  (ii)
 of paragraph (e) of subdivision three of this section.
   5.  Except  for  voters unable to sign their names, no person shall be
 permitted to vote  without  first  identifying  himself  OR  HERSELF  as
 required by this chapter.
   §  9.  Subdivisions  1,  2 and 3 of section 8-304 of the election law,
 subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986,  are
 amended to read as follows:
   1.  A person before being allowed to vote shall be required, except as
 provided in this chapter, to sign his OR HER name on the back of his  OR
 HER  registration  poll record on the first line reserved for his OR HER
 signature at the time of election which is not filled  with  a  previous
 signature,  or  [on  the  line of] IN THE SPACE PROVIDED IN the computer
 generated registration list reserved for [his]  THE  VOTER'S  signature.
 The two inspectors in charge shall satisfy themselves by a comparison of
 this  signature  with  [his]  THE  VOTER'S registration signature and by
 comparison of [his] THE VOTER'S appearance with the descriptive material
 on the face of the registration poll record that [he] THE VOTER  is  the
 person  registered.  If they are so satisfied they shall enter the other
 information required for the election on the same line with the  voter's
 latest  signature,  shall  sign  their  names  or initials in the spaces
 provided therefor, and shall permit the applicant to vote. Any inspector
 or inspectors not satisfied shall challenge the applicant forthwith.
   2. If a person who alleges [his] AN inability to sign his OR HER  name
 presents  himself  OR  HERSELF  to  vote,  the board of inspectors shall
 permit [him] SUCH PERSON to vote, unless challenged  on  other  grounds,
 provided  [he]  THE VOTER had been permitted to register without signing
 [his] THE VOTER'S name. The board shall enter the words "Unable to Sign"
 in the space on [his] THE VOTER'S registration poll record reserved  for
 [his]  THE  VOTER'S  signature or on the line [of] OR SPACE the computer
 generated registration list reserved for [his] THE VOTER'S signature  at
 such  election.  If  [his]  THE VOTER'S signature appears upon [his] THE
 VOTER'S registration record or [upon] IN the computer  generated  regis-
 tration list the board shall challenge [him] THE VOTER forthwith, except
 that if such a person claims that he OR SHE is unable to sign his OR HER
 name by reason of a physical disability incurred since [his] THE VOTER'S
 registration, the board, if convinced of the existence of such disabili-
 ty,  shall  permit  him OR HER to vote, shall enter the words "Unable to
 Sign" and a brief description of such disability in the  space  reserved
 for  [his]  THE  VOTER'S  signature at such election. At each subsequent
 election, if such disability still exists, [he] THE VOTER shall be enti-
 tled to vote without signing [his] THEIR name and the board  of  inspec-
 tors,  without  further notation, shall enter the words "Unable to Sign"
 in the space reserved for [his] THE VOTER'S signature at such election.
   3. The voter's FACSIMILE signature [made by him upon registration  and
 his  signature  made  at  subsequent  elections]  shall  be  effectively
 concealed from the voter by a blotter or [piece of opaque  paper]  OTHER
 MEANS until after the voter shall have completed [his] THE signature.
   §  10.  Subdivision 3 of section 8-306 of the election law, as amended
 by chapter 154 of the laws of 1991, is amended to read as follows:
   3. Any voter who requires assistance to vote by reason  of  blindness,
 disability  or  inability  to read or write may be given assistance by a

 A. 9505--B                         216
 
 person of the voter's choice, other than the voter's employer  or  agent
 of  the employer or officer or agent of the voter's union. A voter enti-
 tled to assistance in voting who does not select a particular person may
 be  assisted by two election inspectors not of the same political faith.
 The inspectors or person  assisting  a  voter  shall  enter  the  voting
 machine or booth with [him] THE VOTER, help [him] THE VOTER in the prep-
 aration  of [his] THE VOTER'S ballot and, if necessary, in the return of
 the voted ballot to the inspectors for deposit in the  ballot  box.  The
 inspectors  shall  enter  in the [remarks space on the registration poll
 card of an assisted voter, or next to the name of]  SPACE  PROVIDED  FOR
 such voter [on] IN the computer generated registration list, the name of
 each officer or person rendering such assistance.
   §  11.  Subdivision 2 of section 8-508 of the election law, as amended
 by chapter 200 of the laws of 1996, is amended to read as follows:
   2. (a) The first section of such report  shall  be  reserved  for  the
 inspectors of election to enter the name, address and registration seri-
 al  number  of  each  person who claims a change in name, or a change of
 address within the election district, together  with  the  new  name  or
 address  of  each  such  person. In lieu of preparing section one of the
 challenge list, the board of elections may provide, next to the name  of
 each voter [on] IN the computer generated registration list, a place for
 the  inspectors  of  election  to  record the information required to be
 entered in such section one, or provide [at the  end  of  such  computer
 generated]  ELSEWHERE IN SUCH registration list, a place for the inspec-
 tors of election to enter such information.
   (b) The second section of such report shall be reserved for the  board
 of  inspectors to enter the name, address and registration serial number
 of each person who is challenged on the day of election,  together  with
 the reason for the challenge.  If no voters are challenged, the board of
 inspectors  shall  enter  the  words  "No  Challenges"  across the space
 reserved for such names. In lieu of preparing section two of  the  chal-
 lenge  report,  the  board of elections may provide, next to the name of
 each voter [on] IN the computer generated registration list, a place for
 the inspectors of election to record  the  information  required  to  be
 entered  in  such  section  two, or provide [at the end of such computer
 generated] ELSEWHERE IN SUCH registration list, a place for the  inspec-
 tors of election to enter such information.
   (c)  The  third section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of  each  voter given assistance, together with the reason the voter was
 allowed assistance, the name of the person giving  such  assistance  and
 his address if not an inspector.  If no voters are given assistance, the
 board  of  inspectors  shall  enter the words "No Assistance" across the
 space reserved for such names. In lieu of providing section three of the
 challenge report, the board of elections may provide, next to  the  name
 of  each voter [on] IN the computer generated registration list, a place
 for the inspectors of election to record the information required to  be
 entered  in  such section three, or provide [at the end of such computer
 generated] ELSEWHERE IN SUCH registration list, a place for the  inspec-
 tors of election to enter such information.
   (d)  The fourth section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of  each  person who was permitted to vote pursuant to a court order, or
 to vote on a paper ballot which was inserted in an  affidavit  envelope.
 If  there  are  no  such  names,  such board shall enter the word "None"
 across the space provided for such names. In lieu of  providing  section

 A. 9505--B                         217
 
 four  of  such  report,  the board of elections may provide, next to the
 name of each voter [on] IN the computer generated registration  list,  a
 place  for the inspectors of election to record the information required
 to  be  entered  in  such  section  four,  or provide [at the end of the
 computer generated] ELSEWHERE IN SUCH registration list, a place for the
 inspectors of election to enter such information.
   (e) At the foot of such report [and] OR at the end of any such comput-
 er generated registration list, IF  APPLICABLE,  shall  be  [printed]  a
 certificate  that  such report OR LIST contains the names of all persons
 who were challenged on the day of  election,  and  that  each  voter  so
 reported as having been challenged took the oaths as required, that such
 report  OR LIST contains the names of all voters to whom such board gave
 or allowed assistance and lists  the  nature  of  the  disability  which
 required  such assistance to be given and the names and family relation-
 ship, if any, to the voter of the persons by whom  such  assistance  was
 rendered;  that  each such assisted voter informed such board under oath
 that he required such assistance and that  each  person  rendering  such
 assistance took the required oath; that such report OR LIST contains the
 names  of all voters who were permitted to vote although their registra-
 tion poll records were missing; that the entries made by such board  are
 a  true  and  accurate  record  of  its  proceedings with respect to the
 persons named in such report OR LIST.
   (f) Upon the return of such report [and] OR  lists  to  the  board  of
 elections,  it shall complete the investigation of voting qualifications
 of all persons named in the second section thereof or for  whom  entries
 were  placed  [on] IN such computer generated registration lists in lieu
 of the preparation of the second section of the  challenge  report,  and
 shall forthwith proceed to cancel the registration of any person who, as
 noted upon such report, OR IN SUCH LIST, was challenged at such election
 and  refused  either to take a challenge oath or to answer any challenge
 question.
   (g) The state board of elections shall prescribe a form  of  challenge
 report for use pursuant to the provisions of this section. Such form may
 require the insertion of such other information as the state board shall
 deem appropriate.
   §  12.  Section  8-510  of  the  election  law, the section heading as
 amended by chapter 373 of the laws of 1978, subdivision 1 as amended  by
 chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
 43 of the laws of 1988, is amended to read as follows:
   §  8-510. Challenge report; completion of and [closing of registration
 poll ledgers] PROCEDURE AFTER. 1. Immediately after  the  close  of  the
 polls the board of inspectors of election shall verify the entries which
 it has made on the challenge report or [at the end of the] IN THE SPACES
 PROVIDED  IN  THE computer generated registration list by comparing such
 entries with the information appearing on the registration poll  records
 of  the  affected voters or the information appearing [next to the names
 of such voters on] IN THE SPACES  PROVIDED  IN  the  computer  generated
 registration  list.  If  it has made no entries in section two, three or
 four of such report it shall write across OR NOTE IN  such  section  the
 words "No challenges", "No assistance" or "None", as the case may be, as
 directed in this chapter.
   2.  After  completing  such  report  the inspectors shall sign [the] A
 certificate [at the end of] IN THE SPACES PROVIDED BY THE  COUNTY  BOARD
 OF ELECTIONS FOR such report.
   3.  The  inspectors  shall place such completed report, and each court
 order, if any, directing that a person be permitted to vote, [inside  a]

 A. 9505--B                         218
 
 IN  THE  SECURE  CONTAINER PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR
 SUCH ledger of registration records or computer  generated  registration
 lists  [between  the front cover, and the first registration record] and
 then shall close and seal each ledger of registration records or comput-
 er  generated  registration  lists, [affix their signature to the seal,]
 lock such ledger in the carrying case furnished  for  that  purpose  and
 enclose  the  keys in a sealed package or seal such list in the envelope
 provided for that purpose.
   § 13. Clauses (C) and (D) of subparagraph  (i)  of  paragraph  (a)  of
 subdivision  2 of section 9-209 of the election law, as amended by chap-
 ter 308 of the laws of 2011, are amended to read as follows:
   (C) If such person is found to be registered  and  has  not  voted  in
 person, an inspector shall compare the signature, if any, on each envel-
 ope  with  the  signature,  if any, on the registration poll record, the
 computer generated list of registered voters  or  the  list  of  special
 presidential  voters, of the person of the same name who registered from
 the same address. If  the  signatures  are  found  to  correspond,  such
 inspector shall certify thereto by [signing] PLACING his or her initials
 in  the  ["Inspector's  Initials"  line  on  the]  SPACE PROVIDED IN THE
 computer generated list of registered voters [or in the "remarks" column
 as appropriate].
   (D) If such person is found to be registered  and  has  not  voted  in
 person,  and  if  no  challenge  is  made, or if a challenge made is not
 sustained, the envelope shall be opened, the ballot or ballots withdrawn
 without unfolding, and the ballot or ballots  deposited  in  the  proper
 ballot box or boxes, or envelopes, provided however that, in the case of
 a primary election, the ballot shall be deposited in the box only if the
 ballot is of the party with which the voter is enrolled according to the
 entry on the back of his or her registration poll record or [next to his
 or her name on] IN the computer generated registration list; if not, the
 ballot  shall  be  rejected without inspection or unfolding and shall be
 returned to the envelope which shall be endorsed "not enrolled." At  the
 time  of  the deposit of such ballot or ballots in the box or envelopes,
 the inspectors shall enter the words "absentee vote" or "military  vote"
 in the space reserved for the voter's signature on the aforesaid list or
 in the "remarks" [column] SPACE as appropriate, and shall enter the year
 and month of the election on the same line in the spaces provided there-
 for.
   §  14. Subdivision 4 of section 11-206 of the election law, as amended
 by chapter 91 of the laws of 1992, is amended to read as follows:
   4. The registration poll records of special federal  voters  shall  be
 filed, in alphabetical order, by election district.  At each election at
 which  [the  ballots  of]  special  federal voters are [delivered to the
 inspectors of election in each election district] ELIGIBLE TO VOTE,  the
 registration  poll  records  of  all special federal voters [eligible to
 vote at such election] shall be delivered to such inspectors of election
 together with the other registration poll records or the names  of  such
 voters  shall  be  included  [on] IN the computer generated registration
 list. Such records shall be delivered either in a separate  poll  ledger
 or  a separate, clearly marked section, of the main poll ledger or [in a
 separate,] BE clearly marked[, section of]  IN  the  computer  generated
 registration list as the board of elections shall determine.
   § 15. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.
 
                                 PART HHH

 A. 9505--B                         219
 
   Section 1. Section 14-116 of the election law, subdivision 1 as redes-
 ignated by chapter 9 of the laws of 1978 and subdivision 2 as amended by
 chapter 260 of the laws of 1981, is amended to read as follows:
   §  14-116.  Political  contributions  by certain organizations. 1.  No
 corporation [or], LIMITED LIABILITY COMPANY, joint-stock association  OR
 OTHER  CORPORATE  ENTITY  doing  business in this state, except a corpo-
 ration or association organized or  maintained  for  political  purposes
 only, shall directly or indirectly pay or use or offer, consent or agree
 to  pay  or  use  any  money  or property for or in aid of any political
 party, committee or organization, or for, or in aid of, any corporation,
 LIMITED LIABILITY COMPANY, joint-stock [or], other association, OR OTHER
 CORPORATE ENTITY organized or maintained for political purposes, or for,
 or in aid of, any candidate for political office or for  nomination  for
 such  office,  or  for  any  political  purpose  whatever,  or  for  the
 reimbursement or indemnification of any person for moneys or property so
 used. Any officer, director, stock-holder, MEMBER,  OWNER,  attorney  or
 agent  of  any  corporation [or], LIMITED LIABILITY COMPANY, joint-stock
 association  OR  OTHER  CORPORATE  ENTITY  which  violates  any  of  the
 provisions  of this section, who participates in, aids, abets or advises
 or consents to any such violations, and any person who solicits or know-
 ingly receives any money or property in violation of this section, shall
 be guilty of a misdemeanor.
   2. Notwithstanding the provisions of subdivision one of this  section,
 any  corporation or an organization financially supported in whole or in
 part, by such corporation, ANY LIMITED LIABILITY COMPANY OR OTHER CORPO-
 RATE ENTITY may make expenditures, including contributions,  not  other-
 wise  prohibited  by  law,  for  political purposes, in an amount not to
 exceed five thousand dollars in the  aggregate  in  any  calendar  year;
 provided  that  no  public  utility shall use revenues received from the
 rendition of public service within the state for contributions for poli-
 tical purposes unless such cost is charged to the shareholders of such a
 public service corporation.
   3. EACH LIMITED LIABILITY COMPANY THAT MAKES AN EXPENDITURE FOR  POLI-
 TICAL PURPOSES SHALL FILE WITH THE STATE BOARD OF ELECTIONS, BY DECEMBER
 THIRTY-FIRST  OF  THE YEAR IN WHICH THE EXPENDITURE IS MADE, ON THE FORM
 PRESCRIBED BY THE STATE BOARD OF ELECTIONS, THE IDENTITY OF  ALL  DIRECT
 AND INDIRECT OWNERS OF THE MEMBERSHIP INTERESTS IN THE LIMITED LIABILITY
 COMPANY AND THE PROPORTION OF EACH DIRECT OR INDIRECT MEMBER'S OWNERSHIP
 INTEREST IN THE LIMITED LIABILITY COMPANY.
   §  2.  Section  14-120  of the election law is amended by adding a new
 subdivision 3 to read as follows:
   3. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL CONTRIBUTIONS MADE
 TO A CAMPAIGN OR POLITICAL COMMITTEE  BY  A  LIMITED  LIABILITY  COMPANY
 SHALL  BE  ATTRIBUTED TO EACH MEMBER OF THE LIMITED LIABILITY COMPANY IN
 PROPORTION TO THE MEMBER'S OWNERSHIP INTEREST IN THE  LIMITED  LIABILITY
 COMPANY.
   (B)  IF,  BY  APPLICATION  OF  PARAGRAPH  (A)  OF  THIS SUBDIVISION, A
 CAMPAIGN CONTRIBUTION IS ATTRIBUTED TO A LIMITED LIABILITY COMPANY,  THE
 CONTRIBUTIONS  SHALL BE FURTHER ATTRIBUTED TO EACH MEMBER OF THE LIMITED
 LIABILITY COMPANY IN PROPORTION TO THE MEMBER'S  OWNERSHIP  INTEREST  IN
 THE LIMITED LIABILITY COMPANY.
   (C)  THE STATE BOARD OF ELECTIONS SHALL ENACT REGULATIONS THAT PREVENT
 THE AVOIDANCE OF THE RULES SET FORTH IN PARAGRAPHS (A) AND (B)  OF  THIS
 SUBDIVISION.
   § 3. This act shall take effect on the seventh day after it shall have
 become a law.

 A. 9505--B                         220
 
                                 PART III
 
   Section  1.  Section  3-400 of the election law is amended by adding a
 new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
 ELECTION  INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
 VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES  WHO  SHALL
 BE  APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
 VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
 TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
 FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN  THE  MAJOR  POLITICAL
 PARTIES.  THE  BOARD  OF  ELECTIONS  SHALL  ASSIGN STAFF AND PROVIDE THE
 RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
 EXCEED THIRTY MINUTES.
   § 2. Section 4-117 of the election law is  amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  THE  NOTICE  REQUIRED  BY  SUBDIVISION ONE OF THIS SECTION SHALL
 INCLUDE THE DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR  THE  GENERAL
 AND  PRIMARY  ELECTION.  THE  BOARD  OF ELECTIONS MAY SATISFY THE NOTICE
 REQUIREMENT OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE  INSTRUCTIONS
 TO  OBTAIN  THE  REQUIRED EARLY VOTING INFORMATION FROM A WEBSITE OF THE
 BOARD OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH  INFOR-
 MATION.
   § 3. Subdivision 2 of section 8-100 of the election law, as amended by
 chapter 367 of the laws of 2017, is amended to read as follows:
   2. Polls shall be open for voting during the following hours: a prima-
 ry  election from twelve o'clock noon until nine o'clock in the evening,
 except in the city of New York and  the  counties  of  Nassau,  Suffolk,
 Westchester,  Rockland,  Orange,  Putnam, Dutchess and Erie, and in such
 city or county from six o'clock in the morning until nine o'clock in the
 evening; the general election from six o'clock in the morning until nine
 o'clock in the evening; a special election called by the governor pursu-
 ant to the public officers law, and, except  as  otherwise  provided  by
 law,  every  other  election, from six o'clock in the morning until nine
 o'clock in the evening; EARLY VOTING  HOURS  SHALL  BE  AS  PROVIDED  IN
 SECTION 8-600 OF THIS ARTICLE.
   §  4. Subdivision 1 of section 8-102 of the election law is amended by
 adding a new paragraph (k) to read as follows:
   (K) VOTING AT EACH POLLING PLACE FOR EARLY VOTING SHALL  BE  CONDUCTED
 IN  A  MANNER  CONSISTENT  WITH THE PROVISIONS OF THIS ARTICLE, WITH THE
 EXCEPTION OF THE TABULATION AND PROCLAMATION OF ELECTION  RESULTS  WHICH
 SHALL  BE  COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE OF SECTION
 8-600 OF THIS ARTICLE.
   § 5. Section 8-104 of the election law is  amended  by  adding  a  new
 subdivision 7 to read as follows:
   7.  THIS  SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS PROVIDED FOR
 IN SECTION 8-600 OF THIS ARTICLE.
   § 6. Subparagraph (ii) of paragraph (e) of subdivision 3 and  subdivi-
 sion  3-a  of  section  8-302  of the election law, subparagraph (ii) of
 paragraph (e) of subdivision 3 as amended by chapter 164 of the laws  of
 2010  and subdivision 3-a as amended by chapter 511 of the laws of 1985,
 are amended to read as follows:
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or she has duly  registered  to  vote,  the  address  in  such  election
 district  from which he or she registered, that he or she remains a duly
 qualified voter in such election district, that his or her  registration

 A. 9505--B                         221
 
 poll  record  appears  to  be  lost or misplaced or that his or her name
 and/or his or her signature was  omitted  from  the  computer  generated
 registration  list OR SUCH RECORD INDICATES THE VOTER ALREADY VOTED WHEN
 HE OR SHE DID NOT DO SO or that he or she has moved within the county or
 city  since  he or she last registered, the address from which he or she
 was previously registered and the address at which he or  she  currently
 resides,  and  at  a  primary  election, the party in which he or she is
 enrolled. The inspectors of election shall offer such  an  affidavit  to
 each  such  voter  whose residence address is in such election district.
 Each such affidavit shall be in a form prescribed by the state board  of
 elections,  shall be printed on an envelope of the size and quality used
 for an absentee ballot envelope, and  shall  contain  an  acknowledgment
 that  the  affiant  understands that any false statement made therein is
 perjury punishable according to law. Such form prescribed by  the  state
 board  of  elections shall request information required to register such
 voter should the county board determine that such voter  is  not  regis-
 tered  and  shall  constitute  an  application  to register to vote. The
 voter's name and the entries required  shall  then  be  entered  without
 delay and without further inquiry in the fourth section of the challenge
 report  or  in  the  place provided at the end of the computer generated
 registration list, with the notation that the  voter  has  executed  the
 affidavit  hereinabove  prescribed, or, if such person's name appears on
 the computer generated registration list, the  board  of  elections  may
 provide a place to make such entry next to his or her name on such list.
 The  voter  shall then, without further inquiry, be permitted to vote an
 affidavit ballot provided for by this chapter. Such ballot shall  there-
 upon  be placed in the envelope containing his or her affidavit, and the
 envelope sealed and returned to the board of  elections  in  the  manner
 provided  by  this  chapter  for protested official ballots, including a
 statement of the number of such ballots.
   3-a. The inspectors shall also give to every person whose  address  is
 in  such  election  district for whom no registration poll record can be
 found and, in a primary election, to every voter whose registration poll
 record does not show him to be enrolled in the party in which he  wishes
 to  be  enrolled  OR  WHO  CLAIMS TO BE INCORRECTLY IDENTIFIED AS HAVING
 ALREADY VOTED, a copy of a notice, in a form  prescribed  by  the  state
 board  of  elections,  advising  such person of his right to, and of the
 procedures by which he may, cast an affidavit ballot  or  seek  a  court
 order  permitting him to vote, and shall also give every such person who
 does not cast an affidavit ballot, an application  for  registration  by
 mail.
   §  7.  Paragraph (b) of subdivision 2 of section 8-508 of the election
 law, as amended by chapter 200 of the laws of 1996, is amended  to  read
 as follows:
   (b)  The second section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of each person who is challenged on the day of election OR ON ANY DAY IN
 WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
 together with the reason for the challenge.   If  no  voters  are  chal-
 lenged,  the  board  of inspectors shall enter the words "No Challenges"
 across the space reserved for such names. In lieu of  preparing  section
 two of the challenge report, the board of elections may provide, next to
 the  name  of  each voter on the computer generated registration list, a
 place for the inspectors of election to record the information  required
 to be entered in such section two, or provide at the end of such comput-

 A. 9505--B                         222
 
 er  generated  registration list, a place for the inspectors of election
 to enter such information.
   §  8. Article 8 of the election law is amended by adding a new title 6
 to read as follows:
                                 TITLE VI
                               EARLY VOTING
 SECTION 8-600. EARLY VOTING.
         8-602. STATE BOARD OF ELECTIONS; POWERS  AND  DUTIES  FOR  EARLY
                  VOTING.
   § 8-600. EARLY VOTING. 1. BEGINNING THE EIGHTH DAY PRIOR TO ANY GENER-
 AL,  PRIMARY  OR  SPECIAL  ELECTION  FOR ANY PUBLIC OR PARTY OFFICE, AND
 ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
 SPECIAL ELECTION FOR SUCH PUBLIC OR PARTY OFFICE,  PERSONS  DULY  REGIS-
 TERED  AND  ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED TO VOTE
 AS PROVIDED IN THIS TITLE.  THE BOARD OF ELECTIONS OF  EACH  COUNTY  AND
 THE  CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL OF
 THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE
 EARLY VOTING PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY  IN  THE
 SAME ELECTION.
   2.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK
 SHALL DESIGNATE POLLING PLACES FOR EARLY VOTING IN  EACH  COUNTY,  WHICH
 MAY  INCLUDE  THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS TO VOTE
 EARLY PURSUANT TO THIS SECTION. THERE SHALL BE SO  DESIGNATED  AT  LEAST
 ONE  EARLY  VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF FIFTY THOU-
 SAND REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER  OF
 EARLY  VOTING  POLLING  PLACES  IN  A COUNTY SHALL NOT BE REQUIRED TO BE
 GREATER THAN SEVEN, AND A COUNTY WITH FEWER THAN FIFTY  THOUSAND  VOTERS
 SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
   (B)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK MAY
 ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING IN  EXCESS  OF  THE
 MINIMUM  NUMBER  REQUIRED  BY  THIS  SUBDIVISION  FOR THE CONVENIENCE OF
 ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
   (C) NOTWITHSTANDING THE MINIMUM NUMBER  OF  EARLY  VOTING  POLL  SITES
 OTHERWISE  REQUIRED  BY  THIS  SUBDIVISION,  FOR  ANY PRIMARY OR SPECIAL
 ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS,  THE  NUMBER  OF
 EARLY  VOTING  SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
 DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE  NEEDS  OF
 EARLY VOTERS.
   (D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
 EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
 TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
 PLACE,  PROXIMITY  TO  OTHER  LOCATIONS  OR COMMONLY USED TRANSPORTATION
 ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF  THE  COUNTY  OR
 THE  CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
 OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR  AND  FIVE  OF  SUCH  SECTION,
 SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
 TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
   3.  ANY  PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
 FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
 (A) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY  VOTING
 ALL  APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
 OR (B) IF PERMITTING SUCH PERSONS TO VOTE EARLY  AT  ANY  POLLING  PLACE
 ESTABLISHED  FOR  EARLY  VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
 SUCH VOTER HAS NOT PREVIOUSLY VOTED  EARLY  DURING  SUCH  ELECTION,  THE
 BOARD  OF  ELECTIONS  MAY  DESIGNATE EACH POLLING PLACE FOR EARLY VOTING

 A. 9505--B                         223
 
 ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE  COUNTY  TO
 BE  SERVED  BY  SUCH  POLLING  PLACE FOR EARLY VOTING, PROVIDED THAT ALL
 VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE  POLLING  PLACES  AT  WHICH
 THEY  ARE  ELIGIBLE  TO  VOTE  THROUGHOUT  THE  EARLY VOTING PERIOD ON A
 SUBSTANTIALLY EQUAL BASIS.
   4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST  EIGHT  HOURS
 BETWEEN  SEVEN  O'CLOCK  IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
 EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
   (B) AT LEAST ONE POLLING PLACE FOR  EARLY  VOTING  SHALL  REMAIN  OPEN
 UNTIL  EIGHT  O'CLOCK  IN  THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
 CALENDAR WEEK DURING THE EARLY VOTING PERIOD.   IF  POLLING  PLACES  FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION  THREE  OF  THIS  SECTION,  POLLING PLACES THAT REMAIN OPEN UNTIL
 EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO  VOTE
 EARLY  MAY  VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
 DAYS DURING THE EARLY VOTING PERIOD.
   (C) POLLS SHALL BE OPEN FOR EARLY  VOTING  FOR  AT  LEAST  FIVE  HOURS
 BETWEEN  NINE  O'CLOCK  IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
 EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT  ANY  BOARD
 OF  ELECTIONS  FROM  ESTABLISHING  A  GREATER NUMBER OF HOURS FOR VOTING
 DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF  HOURS  REQUIRED  IN
 THIS SUBDIVISION.
   (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
 VOTING  AT  A  GENERAL ELECTION SHALL BE DESIGNATED BY MAY FIRST OF EACH
 YEAR PURSUANT TO SUBDIVISION ONE  OF  SECTION  4-104  OF  THIS  CHAPTER.
 NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION 4-104 OF
 THIS CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY  VOTING
 POLLING  PLACES  AND  THEIR  HOURS  OF  OPERATION FOR EARLY VOTING FOR A
 PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
 BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
   5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
 ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
 ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL  PUBLICIZE:
 THE  LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
 EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS  ACCESSIBLE
 TO  VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
 VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY  VOTING  PERIOD  THEY
 WILL  NOT  BE  ALLOWED  TO  VOTE ELECTION DAY; AND IF POLLING PLACES FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION, THE LOCATION OF  THE  POLLING  PLACES  FOR
 EARLY  VOTING  SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
 POLITICAL SUBDIVISION.
   6. THE FORM OF PAPER BALLOTS USED IN EARLY VOTING  SHALL  COMPLY  WITH
 THE  PROVISIONS  OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE TO
 VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST  IN
 THE  SAME  MANNER  AS  PROVIDED  FOR  IN  SECTION 8-312 OF THIS ARTICLE,
 PROVIDED, HOWEVER, THAT BALLOTS CAST  DURING  THE  EARLY  VOTING  PERIOD
 SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
 SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
 THE  POLLS  ON  ELECTION  DAY, AND NO UNOFFICIAL TABULATIONS OF ELECTION
 RESULTS SHALL BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER  THE  CLOSE
 OF POLLS ON ELECTION DAY.
   7.  VOTERS  CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
 CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF  THIS  ARTI-
 CLE.

 A. 9505--B                         224
 
   8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
 EACH  DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
 SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
 HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
 MANNER  CONSISTENT  WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT SUCH
 BALLOTS WHICH CANNOT THEN BE CAST ON A  BALLOT  SCANNER  SHALL  BE  HELD
 INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
 OF  POLLS  ON  ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL BE EXAMINED AND
 CANVASSED IN A MANNER CONSISTENT WITH SUBDIVISION TWO OF  SECTION  9-110
 OF THIS CHAPTER.
   9.  THE  BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
 FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING  PERIOD  THROUGH
 THE  CLOSE  OF  THE  POLLS ON ELECTION DAY; PROVIDED, HOWEVER, THE STATE
 BOARD OF ELECTIONS MAY BY REGULATION DULY ADOPTED BY A MAJORITY OF  SUCH
 BOARD  ESTABLISH  A  PROCEDURE  WHEREBY  BALLOT  SCANNERS USED FOR EARLY
 VOTING MAY ALSO BE USED ON ELECTION DAY IF THE PORTABLE  MEMORY  DEVICES
 USED  DURING  EARLY VOTING CONTAINING THE EARLY VOTING ELECTION INFORMA-
 TION AND VOTE TABULATIONS ARE PROPERLY SECURED APART FROM THE  SCANNERS,
 AND  THE  RESULTS  THEREFROM  SHALL BE DULY CANVASSED AFTER THE CLOSE OF
 POLLS ON ELECTION DAY.
   10. AFTER THE CLOSE OF POLLS ON ELECTION DAY, INSPECTORS OR  BOARD  OF
 ELECTIONS  EMPLOYEES  APPOINTED  TO  CANVASS  BALLOTS  CAST DURING EARLY
 VOTING SHALL FOLLOW ALL RELEVANT PROVISIONS  OF  ARTICLE  NINE  OF  THIS
 CHAPTER  THAT  ARE  NOT  INCONSISTENT WITH THIS SECTION, FOR CANVASSING,
 PROCESSING, RECORDING, AND ANNOUNCING RESULTS OF VOTING AT POLLING PLAC-
 ES FOR EARLY VOTING, AND SECURING BALLOTS, SCANNERS, AND OTHER  ELECTION
 MATERIALS.  SUCH  CANVASS  MAY  OCCUR  AT  THE  OFFICES  OF THE BOARD OF
 ELECTIONS, AT THE EARLY VOTING POLLING  PLACE  OR  SUCH  OTHER  LOCATION
 DESIGNATED BY THE BOARD OF ELECTIONS.
   11.  NOTWITHSTANDING  THE  REQUIREMENTS  OF  THIS  TITLE REQUIRING THE
 CANVASS OF BALLOTS CAST DURING EARLY VOTING AFTER THE CLOSE OF POLLS  ON
 ELECTION DAY, SUCH CANVASS MAY BEGIN ONE HOUR BEFORE THE SCHEDULED CLOSE
 OF  POLLS  ON ELECTION DAY PROVIDED THE BOARD OF ELECTIONS ADOPTS PROCE-
 DURES TO PREVENT THE PUBLIC RELEASE OF ELECTION  RESULTS  PRIOR  TO  THE
 CLOSE  OF  POLLS ON ELECTION DAY AND SUCH PROCEDURES SHALL BE CONSISTENT
 WITH THE REGULATIONS OF THE STATE BOARD OF ELECTIONS AND SHALL BE  FILED
 WITH THE STATE BOARD OF ELECTIONS AT LEAST THIRTY DAYS BEFORE THEY SHALL
 BE EFFECTIVE.
   § 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
 ANY   RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF  THE
 PROVISIONS OF THIS TITLE SHALL BE PROMULGATED  BY  THE  STATE  BOARD  OF
 ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
 PROVISIONS TO ENSURE THAT BALLOTS CAST  EARLY,  BY  ANY  METHOD  ALLOWED
 UNDER  LAW,  ARE  COUNTED  AND CANVASSED AS IF CAST ON ELECTION DAY. THE
 STATE BOARD OF ELECTIONS SHALL PROMULGATE  ANY  OTHER  RULES  AND  REGU-
 LATIONS  NECESSARY  TO ENSURE AN EFFICIENT AND FAIR EARLY VOTING PROCESS
 THAT RESPECTS THE PRIVACY OF THE VOTER.  PROVIDED,  FURTHER,  THAT  SUCH
 RULES  AND  REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY RECORD FOR
 EACH VOTER BE CONTINUALLY UPDATED TO  REFLECT  EACH  INSTANCE  OF  EARLY
 VOTING BY SUCH VOTER.
   §  9.  The  opening paragraph of section 9-209 of the election law, as
 amended by chapter 163 of the laws  of  2010,  is  amended  to  read  as
 follows:
   Before  completing  the canvass of votes cast in any primary, general,
 special, or other election at which voters are required  to  sign  their
 registration  poll  records  before voting, the board of elections shall

 A. 9505--B                         225
 
 proceed in the manner hereinafter prescribed to  cast  and  canvass  any
 absentee,  military,  special  presidential,  special  federal  or other
 special ballots and any ballots voted by voters  who  moved  within  the
 county  or  city  after  registering, voters who are in inactive status,
 voters whose registration was incorrectly transferred to another address
 even though they did not move, voters whose  registration  poll  records
 were  missing on the day of such election, voters who have not had their
 identity previously verified and voters whose registration poll  records
 did  not  show them to be enrolled in the party in which they claimed to
 be enrolled AND VOTERS INCORRECTLY IDENTIFIED AS HAVING  ALREADY  VOTED.
 Each  such  ballot shall be retained in the original envelope containing
 the voter's affidavit and signature, in which it  is  delivered  to  the
 board of elections until such time as it is to be cast and canvassed.
   § 10. This act shall take effect on the first of January next succeed-
 ing  the date on which it shall have become a law and shall apply to any
 election held 120 days or more after it shall have taken effect.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through III of this  act  shall
 be as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9505--C
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 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 -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee --  again  reported  from  said  committee  with
   amendments,  ordered  reprinted  as  amended  and  recommitted to said
   committee
 
 AN ACT to amend the criminal procedure law, in relation to  time  limits
   for  a speedy trial (Part A); intentionally omitted (Part B); to amend
   the criminal procedure law, in relation to the  issuance  of  securing
   orders and in relation to making conforming changes (Part C); to amend
   the  criminal  procedure  law and the penal law, in relation to estab-
   lishing new criminal discovery rules; and to repeal article 240 of the
   criminal procedure law relating thereto (Part D); to amend  the  civil
   practice  law and rules, the county law and the general municipal law,
   in relation to restricting forfeiture  actions  and  creating  greater
   accountability  for seized assets; and to amend the criminal procedure
   law and the penal law, in relation to  reporting  certain  demographic
   data  (Part  E);  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 F); to amend the correction law, in
   relation  to  eliminating  reimbursements  to  counties  for  personal
   service  expenses related to the transportation of state ready inmates
   (Part G); to amend the correction law,  in  relation  to  programmatic
   accomplishments  for merit and limited credit time (Part H); to repeal
   subdivision 9 of section 201 of the correction  law,  in  relation  to
   supervision  fees  (Part  I); to authorize two pilot temporary release
   programs for certain inmates whose offenses and  disciplinary  records
   would  render them eligible to receive a limited credit time allowance
   (Part J); to amend the banking law, in relation to licensing consider-
   ations for check cashers (Subpart A); intentionally  omitted  (Subpart
   B);  to  amend  the  executive law, in relation to licensing consider-
   ations for bingo suppliers (Subpart C); to amend the executive law, in
   relation to licensing considerations for notary publics  (Subpart  D);
   to amend the general municipal law, in relation to licensing consider-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12670-05-8

 A. 9505--C                          2
 
   ations  for  suppliers  of games of chance, for games of chance licen-
   sees, for bingo licensees, and for lessors of premises to bingo licen-
   sees (Subpart E); to amend the insurance law, in relation to licensing
   considerations for insurer adjusters and for employment with insurance
   adjusters; and to repeal certain provisions of such law relating ther-
   eto  (Subpart  F);  to  amend  the  real  property law, in relation to
   licensing considerations for real estate brokers or real estate sales-
   men (Subpart G); to amend the social  services  law,  in  relation  to
   participation as employer in subsidized employer programs (Subpart H);
   and  to  amend the vehicle and traffic law, in relation to eligibility
   for employment by a driver's school (Subpart I)(Part K); to amend  the
   executive  law, in relation to allowing for geriatric parole (Part L);
   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  M);  intentionally  omitted  (Part  N);
   intentionally  omitted  (Part O); to amend the criminal procedure law,
   in relation to the statute of limitations in criminal prosecution of a
   sexual offense committed against a child; to amend the civil  practice
   law  and  rules,  in  relation to the statute of limitations for civil
   actions related to a sexual offense committed against a child,  reviv-
   ing  such  actions otherwise barred by the existing statute of limita-
   tions and granting trial preference to  such  actions;  to  amend  the
   general  municipal  law,  in  relation to providing that the notice of
   claim provisions shall not apply to such actions; to amend  the  court
   of  claims  act, in relation to providing that the notice of intention
   to file provisions shall not apply  to  such  actions;  to  amend  the
   education  law,  in  relation  to  providing  that the notice of claim
   provisions shall not apply to such actions; and to amend the judiciary
   law, in relation to judicial training  relating  to  sexual  abuse  of
   minors  and  rules  reviving civil actions relating to sexual offenses
   committed against children (Part P); intentionally omitted  (Part  Q);
   intentionally  omitted  (Part  R);  intentionally omitted (Part S); to
   amend chapter 303 of the laws of 1988 relating to the extension of the
   state commission on the restoration of the  capitol,  in  relation  to
   extending  such  provisions  for  an  additional  five years (Part T);
   intentionally omitted (Part U); intentionally omitted (Part V); inten-
   tionally omitted (Part W); to amend the retirement and social security
   law and the state finance law, in relation to enacting  the  New  York
   state  secure choice savings program act (Part X); intentionally omit-
   ted (Part Y); intentionally omitted (Part  Z);  intentionally  omitted
   (Part  AA);  intentionally  omitted  (Part  BB); intentionally omitted
   (Part CC); to amend the uniform justice court act, in relation to  the
   election  of  one or more town justices for two or more adjacent towns
   (Subpart A); intentionally omitted (Subpart B) (Part DD); to amend the
   general municipal law, in  relation  to  county-wide  shared  services
   panels;  and  providing for the repeal of such provisions upon expira-
   tion thereof (Part EE);  to  amend  the  public  authorities  law,  in
   relation  to  the town of Islip resource recovery agency (Part FF); to
   provide for the administration of certain funds and  accounts  related
   to  the 2018-19 budget and authorizing certain payments and transfers;
   to amend the state finance law, in  relation  to  the  debt  reduction
   reserve fund and to payments, transfers and deposits; to amend the New
   York  state  urban development corporation act, in relation to funding
   project costs undertaken by non-public schools; 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

 A. 9505--C                          3
 
   the laws of 1997, relating to the financing of the correctional facil-
   ities  improvement  fund  and  the youth facility improvement fund, in
   relation to the issuance  of  bonds;  to  amend  the  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 by 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 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 environ-
   mental infrastructure projects; 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  increas-
   ing  the  aggregate amount of bonds to be issued by the New York state
   urban development corporation; to amend the public authorities law, in
   relation to financing  of  peace  bridge  and  transportation  capital
   projects; to amend the public authorities law, in relation to dormito-
   ries  at  certain  educational  institutions other than state operated
   institutions 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 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
   increasing the bonding limit for certain public protection facilities;
   to amend chapter 59 of the laws of 2017 relating to providing for  the
   administration  of  certain  funds and accounts related to the 2017-18
   budget and authorizing certain payments and transfers, in relation  to
   the  effectiveness  thereof;  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 increas-
   ing the amount of authorized matching capital  grants;  to  amend  the
   public  authorities law, in relation to increasing the amount of bonds
   authorized to be issued; to amend the  facilities  development  corpo-
   ration  act,  in  relation  to  authorizing  the  issuance of bonds in
   relation to grants made to voluntary agencies; and providing  for  the
   repeal of certain provisions upon expiration thereof (Part GG); inten-
   tionally  omitted (Part HH); intentionally omitted (Part II); to amend
   the penal law, in relation to establishing incapacity to consent  when
   a  person is under arrest, in detention or otherwise in actual custody
   (Part JJ); intentionally  omitted  (Part  KK);  to  amend  the  public
   authorities law, in relation to authorizing the dormitory authority to
   construct and finance certain juvenile detention facilities (Part LL);
   to  amend  the  public  service law, in relation to creating the state
   office of the utility consumer advocate (Part MM); to amend the public
   service law, in relation to utility intervenor reimbursement;  and  to
   amend  the  state finance law, in relation to establishing the utility
   intervenor account (Part NN); to amend the county law, in relation  to
   plans  for  representation  of  persons  accused of a crime or certain
   parties in family court or surrogate's court (Part OO); to  amend  the
   state finance law, in relation to the cost effectiveness of consultant
   contracts by state agencies (Part PP); to amend the criminal procedure

 A. 9505--C                          4
 
   law  and  the  judiciary  law,  in  relation to functions of the chief
   administrator of the courts;  and  to  amend  the  executive  law,  in
   relation  to  reporting  requirements (Part QQ); to amend the criminal
   procedure  law,  in  relation  to  allowing  a  court to waive certain
   surcharges and fees; and to repeal certain provisions of the penal law
   relating thereto(Part RR); to amend the executive law, in relation  to
   requiring  employers  to make a conditional offer of employment before
   inquiring about any criminal convictions  of  a  prospective  employee
   (Part SS); to amend the correction law, in relation to restricting the
   use of segregated confinement and creating alternative therapeutic and
   rehabilitative  confinement  options (Part TT); to amend the penal law
   and the criminal procedure law, in relation  to  sealing  records  for
   certain proceedings (Part UU); to amend the criminal procedure law, in
   relation  to a judicial diversion program for certain felony offenders
   (Part VV); to amend the executive law, in relation to ethnic or racial
   profiling (Part WW); to amend the criminal procedure law, in  relation
   to  grand  jury  proceedings (Part XX); to amend the executive law and
   the criminal procedure law, in relation to establishing the office  of
   special  investigation  (Part  YY); to amend the state finance law, in
   relation to amending the definition  of  prior  year  aid  to  include
   certain  assistance  received  by  a  village  (Part ZZ); to amend the
   legislative law, in relation to extending the expiration  of  payments
   to members of the assembly serving in a special capacity; and to amend
   chapter  141 of the laws of 1994, amending the legislative law and the
   state finance law relating to the operation and administration of  the
   legislature,  in  relation to extending such provisions (Part AAA); to
   amend the civil practice law and rules and the state finance  law,  in
   relation  to  the  disposal  of  property  upon a judgment or order of
   forfeiture (Part BBB); to amend the  insurance  law,  in  relation  to
   charitable  bail organizations (Part CCC); to amend the correction law
   and the penal law, in relation to  merit  time  allowance  credits  in
   local  correctional facilities (Part DDD); to amend the mental hygiene
   law, the public health law and  the  executive  law,  in  relation  to
   establishing  a  training  program  for  first responders for handling
   emergency situations involving individuals with autism spectrum disor-
   der and other developmental disabilities  (Part  EEE);  to  amend  the
   insurance  law,  the  social  services  law, the education law and the
   public health law, in relation to requiring health insurance  policies
   to  include coverage of all FDA-approved contraceptive drugs, devices,
   and products, as well as voluntary sterilization  procedures,  contra-
   ceptive  education  and counseling, and related follow up services and
   prohibiting a health insurance policy from imposing  any  cost-sharing
   requirements  or  other  restrictions  or  delays with respect to this
   coverage (Subpart A); to amend the public health law, in  relation  to
   enacting  the reproductive health act and revising existing provisions
   of law regarding abortion; to amend the penal law, the criminal proce-
   dure law, the county  law  and  the  judiciary  law,  in  relation  to
   abortion; to repeal certain provisions of the public health law relat-
   ing  to  abortion;  to  repeal certain provisions of the education law
   relating  to  the  sale  of  contraceptives;  and  to  repeal  certain
   provisions of the penal law relating to abortion (Subpart B); to amend
   the  public health law, in relation to establishing a maternal mortal-
   ity review board (Subpart C); to amend the education law, in  relation
   to  appointees  to  the state board for medicine (Subpart D); to amend
   the penal law and the criminal  procedure  law,  in  relation  to  the
   possession  of  weapons  by domestic violence offenders; and to repeal

 A. 9505--C                          5
 
   section 530.14 of the criminal procedure law and section 842-a of  the
   family court act relating thereto (Subpart E); to amend the penal law,
   the  criminal  procedure  law and the family court act, in relation to
   the  crime  of coercion in the second and third degree (Subpart F); to
   amend the public health law, in relation  to  extending  the  time  of
   storage of forensic rape kits by hospitals; to amend the public health
   law,  the  executive  law and the insurance law, in relation to sexual
   assault forensic exams; and repealing certain provisions of  such  law
   relating  thereto (Subpart G); to amend the executive law, in relation
   to expanding the scope of unlawful discriminatory practices to include
   public educational institutions (Subpart H); to  amend  the  executive
   law,  the tax law, and the state finance law, in relation to discrimi-
   nation and sexual harassment; to amend  the  civil  practice  law  and
   rules,  in  relation to arbitration agreements; to amend the executive
   law, in relation to prohibiting the  state  and  local  agencies  from
   entering  into  contracts with companies requiring employees to stipu-
   late to binding arbitration for all disputes; to amend the labor  law,
   in relation to employment contract provisions waiving certain substan-
   tive  and  procedural  rights;  to  amend  the public officers law, in
   relation to requiring reimbursement of funds paid  by  state  agencies
   and entities and public entities for the payment of awards adjudicated
   in  discrimination  claims; to amend the civil practice law and rules,
   in relation to confidentiality provisions in settlement  of  discrimi-
   nation  actions; and to amend the general obligations law, in relation
   to confidentiality provisions related to discrimination; to amend  the
   executive  law,  in  relation  to  creating a model policy prohibiting
   discrimination; to amend the state finance law, in relation to requir-
   ing a statement on discrimination,  including  sexual  harassment,  in
   bids  to  the  state; to amend the tax law, in relation to requiring a
   statement on discrimination, including sexual harassment, in  applica-
   tions  for  state  credits; to amend the executive law, in relation to
   requiring the division of human rights to promulgate an anti-discrimi-
   nation pamphlet; to amend the executive law, in relation  to  creating
   training  materials  prohibiting  discrimination  in the workplace; to
   amend the executive law, in relation to unlawful discriminatory  prac-
   tices  relating  to  persons  who  perform  work  for an employer as a
   contractor, independent contractor, subcontractor, volunteer,  or  any
   other  type  of employment opportunity; to amend the executive law, in
   relation to requiring the attorney-general to prosecute or defend upon
   request of the commissioner of labor or the state  division  of  human
   rights  discrimination  by reason of sex, sexual orientation, military
   status, disability,  predisposing  genetic  characteristics,  familial
   status,  marital  status,  or  domestic violence victim status; and to
   amend  the  general  municipal  law,  in  relation  to  discrimination
   (Subpart  I);  relating  to the creation of computer science education
   standards (Subpart J); intentionally omitted (Subpart K); to amend the
   public health law, in relation to providing feminine hygiene  products
   in public and charter schools (Subpart L); to amend the executive law,
   in  relation  to  standards requiring assembly group A occupancies and
   mercantile group M occupancies to have diaper changing stations avail-
   able for use by both male and female occupants  (Subpart  M);  and  to
   amend the insurance law, in relation to insurance coverage of in vitro
   fertilization  and other fertility preservation treatments (Subpart N)
   (Part FFF); to amend the election  law,  in  relation  to  authorizing
   computer  generated  registration  lists;  in  relation to the list of
   supplies to be delivered to  poll  sites  (Part  GGG);  to  amend  the

 A. 9505--C                          6
 
   election  law,  in relation to political contributions (Part HHH); and
   to amend the election law, in relation to early voting (Part III)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 which are necessary to implement the state fiscal plan for the 2018-2019
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through III. The effective date for  each  partic-
 ular  provision  contained  within  such  Part  is set forth in the last
 section of such Part.  Any provision in any section contained  within  a
 Part,  including the effective date of the Part, which makes a reference
 to a section "of this act", when used in connection with that particular
 component, shall be deemed  to  mean  and  refer  to  the  corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A
 
   Section 1. This act shall be known and may be cited as "Kalief's law".
   §  2. Section 30.30 of the criminal procedure law, as added by chapter
 184 of the laws of 1972, paragraph (a) of subdivision 3  as  amended  by
 chapter  93  of  the  laws  of  2006,  paragraph (a) of subdivision 4 as
 amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision
 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi-
 vision 4 as added by chapter 837 of the laws of 1986, paragraph  (i)  of
 subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j)
 of  subdivision 4 as added by chapter 222 of the laws of 1994, paragraph
 (b) of subdivision 5 as amended by chapter 109  of  the  laws  of  1982,
 paragraphs  (e)  and (f) of subdivision 5 as added by chapter 209 of the
 laws of 1990, is amended to read as follows:
 § 30.30 Speedy trial; time limitations.
   1. Except as otherwise provided in subdivision [three] FOUR, a  motion
 made  pursuant  to paragraph (e) of subdivision one of section 170.30 or
 paragraph (g) of subdivision one of section 210.20 must be granted where
 the people are not ready for trial within:
   (a) six months of the commencement of  a  criminal  action  wherein  a
 defendant is accused of one or more offenses, at least one of which is a
 felony;
   (b)  ninety  days  of  the commencement of a criminal action wherein a
 defendant is accused of one or more offenses, at least one of which is a
 misdemeanor punishable by a sentence of imprisonment of more than  three
 months and none of which is a felony;
   (c)  sixty  days  of the commencement of a criminal action wherein the
 defendant is accused of one or more offenses, at least one of which is a
 misdemeanor punishable by a sentence of imprisonment of  not  more  than
 three  months  and  none of which is a crime punishable by a sentence of
 imprisonment of more than three months;
   (d) thirty days of the commencement of a criminal action  wherein  the
 defendant is accused of one or more offenses, at least one of which is a
 violation and none of which is a crime.
   2.  Except  as provided in subdivision [three] FOUR, where a defendant
 has been committed to the custody of the sheriff in a criminal action he
 must be released on bail or on his own recognizance,  upon  such  condi-

 A. 9505--C                          7
 
 tions  as  may  be  just and reasonable, if the people are not ready for
 trial in that criminal action within:
   (a) ninety days from the commencement of his commitment to the custody
 of  the sheriff in a criminal action wherein the defendant is accused of
 one or more offenses, at least one of which is a felony;
   (b) thirty days from the commencement of his commitment to the custody
 of the sheriff in a criminal action wherein the defendant is accused  of
 one  or more offenses, at least one of which is a misdemeanor punishable
 by a sentence of imprisonment of more than  three  months  and  none  of
 which is a felony;
   (c) fifteen days from the commencement of his commitment to the custo-
 dy  of the sheriff in a criminal action wherein the defendant is accused
 of one or more offenses, at least one of which is a misdemeanor punisha-
 ble by a sentence of imprisonment of not more than three months and none
 of which is a crime punishable by a sentence  of  imprisonment  of  more
 than three months;
   (d)  five  days from the commencement of his commitment to the custody
 of the sheriff in a criminal action wherein the defendant is accused  of
 one  or  more offenses, at least one of which is a violation and none of
 which is a crime.
   3. WHENEVER PURSUANT TO THIS SECTION A PROSECUTOR STATES OR  OTHERWISE
 PROVIDES  NOTICE THAT THE PEOPLE ARE READY FOR TRIAL, THE COURT MAY MAKE
 INQUIRY ON THE RECORD AS TO THEIR ACTUAL READINESS. IF, AFTER CONDUCTING
 ITS INQUIRY, THE COURT DETERMINES THAT  THE  PEOPLE  ARE  NOT  READY  TO
 PROCEED  TO  TRIAL,  THE  PROSECUTOR'S  STATEMENT OR NOTICE OF READINESS
 SHALL NOT BE VALID FOR PURPOSES OF THIS SECTION. FOLLOWING A  DEMAND  TO
 PRODUCE  BY  A  DEFENDANT  PURSUANT  TO SECTION 240.20, ANY STATEMENT OF
 TRIAL READINESS MUST BE ACCOMPANIED OR PRECEDED BY  A  CERTIFICATION  OF
 GOOD  FAITH  COMPLIANCE  WITH  THE  DISCLOSURE  REQUIREMENTS  OF SECTION
 240.20. THIS SUBDIVISION SHALL NOT APPLY TO CASES WHERE THE DEFENSE  HAS
 WAIVED DISCLOSURE REQUIREMENTS.  THE DEFENSE SHALL BE AFFORDED AN OPPOR-
 TUNITY  TO  BE  HEARD  ON  THE RECORD CONCERNING ANY SUCH INQUIRY BY THE
 COURT, AND CONCERNING WHETHER SUCH  DISCLOSURE  REQUIREMENTS  HAVE  BEEN
 MET.
   3-A.  UPON A MISDEMEANOR COMPLAINT, A STATEMENT OF READINESS SHALL NOT
 BE VALID UNLESS THE  PROSECUTING  ATTORNEY  CERTIFIES  THAT  ALL  COUNTS
 CHARGED  IN  THE ACCUSATORY INSTRUMENT MEET THE REQUIREMENTS OF SECTIONS
 100.15 AND 100.40 AND THOSE  COUNTS  NOT  MEETING  THE  REQUIREMENTS  OF
 SECTIONS 100.15 AND 100.40 HAVE BEEN DISMISSED.
   4.  (a)  Subdivisions  one  and  two do not apply to a criminal action
 wherein the defendant is accused  of  an  offense  defined  in  sections
 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
   (b)  A motion made pursuant to subdivisions one or two upon expiration
 of the specified period may be denied where the people are not ready for
 trial if the people were ready for trial prior to the expiration of  the
 specified  period  and  their  present unreadiness is due to some excep-
 tional fact or circumstance, including, but not limited to,  the  sudden
 unavailability  of  evidence  material  to  the  people's case, when the
 district attorney has exercised due diligence to  obtain  such  evidence
 and  there  are  reasonable  grounds  to believe that such evidence will
 become available in a reasonable period.
   (c) A motion made pursuant to subdivision two shall not:
   (i) apply to any defendant who is serving a term of  imprisonment  for
 another offense;

 A. 9505--C                          8
 
   (ii)  require  the  release  from custody of any defendant who is also
 being held in custody pending trial of another  criminal  charge  as  to
 which the applicable period has not yet elapsed;
   (iii)  prevent  the redetention of or otherwise apply to any defendant
 who, after being released from  custody  pursuant  to  this  section  or
 otherwise,  is  charged with another crime or violates the conditions on
 which he has been released, by failing to appear at a judicial  proceed-
 ing at which his presence is required or otherwise.
   [4.]  5.  In  computing the time within which the people must be ready
 for trial pursuant to subdivisions one and two,  the  following  periods
 must be excluded:
   (a)  a  reasonable  period  of  delay resulting from other proceedings
 concerning the defendant, including but not limited to: proceedings  for
 the determination of competency and the period during which defendant is
 incompetent  to  stand  trial;  demand to produce; request for a bill of
 particulars; pre-trial motions; appeals; trial of other charges; and the
 period during which such matters are under consideration by  the  court;
 or
   (b)  the  period  of delay resulting from a continuance granted by the
 court at the request of, or with the consent of, the defendant or his OR
 HER counsel. The court [must] MAY grant such a continuance only if it is
 satisfied that postponement is in the interest of justice,  taking  into
 account  the  public  interest  in  the  prompt dispositions of criminal
 charges. A  defendant  without  counsel  must  not  be  deemed  to  have
 consented  to  a  continuance unless he has been advised by the court of
 his OR HER rights under these rules and the effect of his consent, WHICH
 MUST BE DONE ON THE RECORD IN OPEN COURT; or
   (c) (i) the period of delay resulting from the absence or unavailabil-
 ity of the defendant. A defendant must be considered absent whenever his
 location is unknown and he is attempting to avoid apprehension or prose-
 cution, or his location cannot be determined by due diligence. A defend-
 ant must be considered unavailable whenever his location  is  known  but
 his presence for trial cannot be obtained by due diligence; or
   (ii) where the defendant has either escaped from custody or has failed
 to appear when required after having previously been released on bail or
 on his own recognizance, and provided the defendant is not in custody on
 another  matter,  the  period  extending from the day the court issues a
 bench warrant pursuant to section  530.70  because  of  the  defendant's
 failure  to  appear  in  court  when  required, to the day the defendant
 subsequently appears in the court pursuant to a bench warrant or  volun-
 tarily or otherwise; or
   (d)  a  reasonable  period  of  delay when the defendant is joined for
 trial with a co-defendant as to whom the time for trial pursuant to this
 section has not run and good cause is not shown for  granting  a  sever-
 ance; or
   (e)  the  period of delay resulting from detention of the defendant in
 another jurisdiction provided the district attorney  is  aware  of  such
 detention  and  has  been  diligent  and  has made reasonable efforts to
 obtain the presence of the defendant for trial; or
   (f) the period during which the defendant is without  counsel  through
 no  fault  of  the court; except when the defendant is proceeding as his
 own attorney with the permission of the court; or
   (g) other periods of delay occasioned  by  exceptional  circumstances,
 including  but  not  limited  to,  the  period of delay resulting from a
 continuance granted at the request of a district  attorney  if  (i)  the
 continuance is granted because of the unavailability of evidence materi-

 A. 9505--C                          9
 
 al  to  the  people's case, when the district attorney has exercised due
 diligence to obtain such evidence and there are  reasonable  grounds  to
 believe that such evidence will become available in a reasonable period;
 or  (ii) the continuance is granted to allow the district attorney addi-
 tional time to prepare the people's case and additional time  is  justi-
 fied  by  the exceptional circumstances of the case.  ANY SUCH EXCLUSION
 WHEN A STATEMENT OF UNREADINESS HAS FOLLOWED A  STATEMENT  OF  READINESS
 MADE  BY THE PEOPLE MUST BE ACCOMPANIED BY SUPPORTING FACTS AND APPROVED
 BY THE COURT.  THE COURT SHALL INQUIRE ON THE RECORD AS TO  THE  REASONS
 FOR THE PEOPLE'S UNREADINESS; OR
   (h)  the  period  during which an action has been adjourned in contem-
 plation of dismissal pursuant to sections 170.55, 170.56 and  215.10  of
 this chapter[.]; OR
   (i)  [The]  THE  period prior to the defendant's actual appearance for
 arraignment in a situation in which the defendant has been  directed  to
 appear by the district attorney pursuant to subdivision three of section
 120.20 or subdivision three of section 210.10[.]; OR
   (j)  the period during which a family offense is before a family court
 until such time as an  accusatory  instrument  or  indictment  is  filed
 against the defendant alleging a crime constituting a family offense, as
 such term is defined in section 530.11 of this chapter.
   6.  AT  EACH COURT APPEARANCE DATE PRECEDING THE COMMENCEMENT OF TRIAL
 IN A CRIMINAL ACTION, THE COURT, WHENEVER IT IS PRACTICABLE  TO  DO  SO,
 SHALL  RULE  PRELIMINARILY ON WHETHER THE ADJOURNMENT PERIOD IMMEDIATELY
 FOLLOWING SUCH COURT APPEARANCE DATE IS TO BE INCLUDED OR  EXCLUDED  FOR
 THE PURPOSES OF COMPUTING THE TIME WITHIN WHICH THE PEOPLE MUST BE READY
 FOR  TRIAL  WITHIN THE MEANING OF THIS SECTION. THE COURT'S RULING SHALL
 BE NOTED IN THE COURT FILE.
   7. IN COMPUTING THE TIME WITHIN WHICH THE PEOPLE  MUST  BE  READY  FOR
 TRIAL,  PURSUANT  TO  SUBDIVISION  TWO OR PARAGRAPHS (B), (C), OR (D) OF
 SUBDIVISION  ONE  OF  THIS  SECTION,  NO  TIME  ATTRIBUTABLE  TO   COURT
 CONGESTION SHALL BE EXCLUDED.
   [5.] 8. For purposes of this section, (a) where the defendant is to be
 tried following the withdrawal of the plea of guilty or is to be retried
 following  a  mistrial, an order for a new trial or an appeal or collat-
 eral attack, the criminal action and the commitment to  the  custody  of
 the  sheriff,  if  any, must be deemed to have commenced on the date the
 withdrawal of the plea of guilty or the date  the  order  occasioning  a
 retrial becomes final;
   (b)  where  a defendant has been served with an appearance ticket, the
 criminal action must be deemed to have commenced on the date the defend-
 ant first appears in a local criminal court in response to the ticket;
   (c) where a criminal action is commenced by the  filing  of  a  felony
 complaint,  and  thereafter,  in  the course of the same criminal action
 either the felony complaint is replaced with or converted to an informa-
 tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
 article  [180] ONE HUNDRED EIGHTY or a prosecutor's information is filed
 pursuant to section 190.70, the period applicable for  the  purposes  of
 subdivision  one must be the period applicable to the charges in the new
 accusatory instrument, calculated from the date of the  filing  of  such
 new accusatory instrument; provided, however, that when the aggregate of
 such  period  and  the period of time, excluding the periods provided in
 subdivision [four] FIVE, already elapsed from the date of the filing  of
 the  felony  complaint  to  the date of the filing of the new accusatory
 instrument exceeds six months, the period applicable to the  charges  in

 A. 9505--C                         10
 
 the  felony  complaint must remain applicable and continue as if the new
 accusatory instrument had not been filed;
   (d)  where  a  criminal  action is commenced by the filing of a felony
 complaint, and thereafter, in the course of  the  same  criminal  action
 either the felony complaint is replaced with or converted to an informa-
 tion,  prosecutor's  information  or  misdemeanor  complaint pursuant to
 article [180] ONE HUNDRED EIGHTY or a prosecutor's information is  filed
 pursuant  to  section  190.70, the period applicable for the purposes of
 subdivision two must be the period applicable to the charges in the  new
 accusatory  instrument,  calculated  from the date of the filing of such
 new accusatory instrument; provided, however, that when the aggregate of
 such period and the period of time, excluding the  periods  provided  in
 subdivision  [four] FIVE, already elapsed from the date of the filing of
 the felony complaint to the date of the filing  of  the  new  accusatory
 instrument  exceeds ninety days, the period applicable to the charges in
 the felony complaint must remain applicable and continue as if  the  new
 accusatory instrument had not been filed.
   (e)  where a count of an indictment is reduced to charge only a misde-
 meanor or petty offense and  a  reduced  indictment  or  a  prosecutor's
 information  is  filed pursuant to subdivisions one-a and six of section
 210.20, the period applicable for the purposes  of  subdivision  one  of
 this  section  must  be  the period applicable to the charges in the new
 accusatory instrument, calculated from the date of the  filing  of  such
 new accusatory instrument; provided, however, that when the aggregate of
 such  period  and  the period of time, excluding the periods provided in
 subdivision [four] FIVE of this section, already elapsed from  the  date
 of  the  filing  of  the indictment to the date of the filing of the new
 accusatory instrument exceeds six months, the period applicable  to  the
 charges  in the indictment must remain applicable and continue as if the
 new accusatory instrument had not been filed;
   (f) where a count of an indictment is reduced to charge only a  misde-
 meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
 information is filed pursuant to subdivisions one-a and six  of  section
 210.20,  the  period  applicable  for the purposes of subdivision two of
 this section must be the period applicable to the  charges  in  the  new
 accusatory  instrument,  calculated  from the date of the filing of such
 new accusatory instrument; provided, however, that when the aggregate of
 such period and the period of time, excluding the  periods  provided  in
 subdivision  [four]  FIVE of this section, already elapsed from the date
 of the filing of the indictment to the date of the  filing  of  the  new
 accusatory  instrument exceeds ninety days, the period applicable to the
 charges in the indictment must remain applicable and continue as if  the
 new accusatory instrument had not been filed.
   [6.]  9.  The  procedural rules prescribed in subdivisions one through
 seven of section 210.45 with respect to a motion to dismiss  an  indict-
 ment are also applicable to a motion made pursuant to subdivision two.
   § 3. Subdivision 6 of section 180.85 of the criminal procedure law, as
 added by chapter 518 of the laws of 2004, is amended to read as follows:
   6.  The  period  from  the filing of a motion pursuant to this section
 until entry of an order disposing of such motion shall not, by reason of
 such motion, be considered a period of delay for purposes of subdivision
 [four] FIVE of section 30.30, nor shall such period, by reason  of  such
 motion,  be  excluded in computing the time within which the people must
 be ready for trial pursuant to such section 30.30.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

 A. 9505--C                         11
 
                                  PART B
 
                           Intentionally Omitted

                                  PART C
 
   Section 1. Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of
 the  criminal  procedure  law  are  amended and a new subdivision 3-a is
 added to read as follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
 all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
 processes of the court.
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON, IT AUTHORIZES THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
 THE CRIMINAL ACTION OR PROCEEDING INVOLVED UNDER CONDITIONS  ORDERED  BY
 THE  COURT,  WHICH  SHALL  BE THE LEAST RESTRICTIVE CONDITIONS THAT WILL
 REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. SUCH  CONDITIONS  MAY
 INCLUDE,  AMONG  OTHER  CONDITIONS  REASONABLE  UNDER THE CIRCUMSTANCES:
 THAT THE PRINCIPAL BE IN CONTACT WITH A PRETRIAL SERVICES AGENCY SERVING
 PRINCIPALS IN THAT COUNTY; THAT THE PRINCIPAL ABIDE BY REASONABLE, SPEC-
 IFIED RESTRICTIONS ON TRAVEL THAT ARE REASONABLY RELATED  TO  AN  ACTUAL
 RISK  OF  INTENTIONAL  FLIGHT  FROM THE JURISDICTION; THAT THE PRINCIPAL
 REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS
 WEAPON; THAT, WHEN IT IS SHOWN PURSUANT TO SUBDIVISION FOUR  OF  SECTION
 510.45  OF  THIS TITLE THAT NO OTHER REALISTIC MONETARY CONDITION OR SET
 OF  NON-MONETARY  CONDITIONS  WILL  SUFFICE  TO  REASONABLY  ASSURE  THE
 PERSON'S  RETURN  TO  COURT, THE PERSON BE PLACED IN REASONABLE PRETRIAL
 SUPERVISION WITH A PRETRIAL SERVICES AGENCY SERVING PRINCIPALS  IN  THAT
 COUNTY;  THAT, WHEN IT IS SHOWN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
 FOUR OF SECTION 510.40 OF THIS TITLE THAT NO OTHER  REALISTIC  NON-MONE-
 TARY CONDITION OR SET OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT, THE PRINCIPAL'S LOCATION BE
 MONITORED  WITH  AN APPROVED ELECTRONIC MONITORING DEVICE, IN ACCORDANCE
 WITH SUCH SUBDIVISION FOUR OF SECTION 510.40 OF THIS TITLE.  A PRINCIPAL
 SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF  THE  COST  OF  RELEASE  ON
 NON-MONETARY CONDITIONS.
   4. "Commit to the custody of the sheriff." A court commits a principal
 to  the  custody of the sheriff when, having acquired control over [his]
 THE PRINCIPAL'S person, it orders that [he] THE PRINCIPAL be confined in
 the custody of the sheriff during the pendency of the criminal action or
 proceeding involved.

 A. 9505--C                         12
 
   5. "Securing order" means an order of a court committing  a  principal
 to  the  custody  of the sheriff[,] or fixing bail, WHERE AUTHORIZED, or
 releasing [him on his] THE PRINCIPAL ON THE PRINCIPAL'S own recognizance
 OR RELEASING THE PRINCIPAL UNDER NON-MONETARY CONDITIONS.
   6.  "Order of recognizance or bail" means a securing order releasing a
 principal on [his] THE PRINCIPAL'S own recognizance OR  UNDER  NON-MONE-
 TARY CONDITIONS or, WHERE AUTHORIZED, fixing bail.
   7.  "Application  for  recognizance or bail" means an application by a
 principal that the court, instead of committing [him] THE  PRINCIPAL  to
 or  retaining  [him] THE PRINCIPAL in the custody of the sheriff, either
 release [him on his own] THE PRINCIPAL ON THE PRINCIPAL'S  OWN  recogni-
 zance [or], RELEASE UNDER NON-MONETARY CONDITIONS, OR, WHERE AUTHORIZED,
 fix bail.
   8.  "Post  bail" means to deposit bail in the amount and form fixed by
 the court, with the court or with some other authorized  public  servant
 or agency.
   9. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH A CRED-
 IT CARD.
   §  1-a.    Section  500.10 of the criminal procedure law is amended by
 adding two new subdivisions 21 and 22 to read as follows:
   21. "QUALIFIES FOR ELECTRONIC MONITORING," FOR PURPOSES OF SUBDIVISION
 FOUR OF SECTION 510.40 OF THIS TITLE, MEANS  A  PERSON  CHARGED  WITH  A
 FELONY,  A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, A MISDEMEANOR DEFINED
 IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, A CRIME AND THE  CIRCUM-
 STANCES  OF  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION 530.60 OF THIS
 TITLE APPLY, OR ANY MISDEMEANOR WHERE THE  DEFENDANT  STANDS  PREVIOUSLY
 CONVICTED,  WITHIN  THE  PAST FIVE YEARS, OF A VIOLENT FELONY OFFENSE AS
 DEFINED IN SECTION 70.02 OF THE PENAL LAW.  FOR  THE  PURPOSES  OF  THIS
 SUBDIVISION,  IN  CALCULATING  SUCH FIVE YEAR PERIOD, ANY PERIOD OF TIME
 DURING WHICH THE DEFENDANT WAS INCARCERATED FOR ANY REASON  BETWEEN  THE
 TIME  OF  THE  COMMISSION  OF  ANY  SUCH  PREVIOUS CRIME AND THE TIME OF
 COMMISSION OF THE PRESENT CRIME SHALL BE EXCLUDED  AND  SUCH  FIVE  YEAR
 PERIOD SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED
 UNDER SUCH INCARCERATION.
   22. "MISDEMEANOR CRIME OF DOMESTIC VIOLENCE," FOR PURPOSES OF SUBDIVI-
 SION TWENTY-ONE OF THIS SECTION, MEANS A MISDEMEANOR UNDER THE PENAL LAW
 PROVISIONS  AND  CIRCUMSTANCES  DESCRIBED  IN SUBDIVISION ONE OF SECTION
 530.11 OF THIS TITLE.
   § 2. Section 510.10 of the criminal procedure law, as amended by chap-
 ter 459 of the laws of 1984, is amended to read as follows:
 § 510.10 Securing order; when required; ALTERNATIVES AVAILABLE; STANDARD
            TO BE APPLIED.
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action  or proceeding is or may be required, [initially] comes under the
 control of a court, such court [must] SHALL,  IN  ACCORDANCE  WITH  THIS
 TITLE,  by  a  securing  order[,  either] release [him] THE PRINCIPAL on
 [his] THE PRINCIPAL'S own  recognizance,  RELEASE  THE  PRINCIPAL  UNDER
 NON-MONETARY  CONDITIONS, OR, WHERE AUTHORIZED, fix bail or commit [him]
 THE PRINCIPAL to the custody of the sheriff.  IN ALL SUCH CASES,  EXCEPT
 WHERE ANOTHER TYPE OF SECURING ORDER IS SHOWN TO BE REQUIRED BY LAW, THE
 COURT  SHALL  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, UNLESS IT IS DEMONSTRATED AND THE COURT MAKES AN  INDIVID-
 UALIZED DETERMINATION THAT THE PRINCIPAL IS A SIGNIFICANT RISK OF INTEN-
 TIONAL FLIGHT TO AVOID PROSECUTION. IF SUCH A FINDING IS MADE, THE COURT
 MUST  SELECT  THE  LEAST RESTRICTIVE ALTERNATIVE AND CONDITION OR CONDI-
 TIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.

 A. 9505--C                         13

   2. A PRINCIPAL IS ENTITLED TO REPRESENTATION  BY  COUNSEL  UNDER  THIS
 CHAPTER  IN  PREPARING AN APPLICATION FOR RELEASE, WHEN A SECURING ORDER
 IS BEING CONSIDERED AND WHEN A SECURING  ORDER  IS  BEING  REVIEWED  FOR
 MODIFICATION, REVOCATION OR TERMINATION. IF THE PRINCIPAL IS FINANCIALLY
 UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRINCIPAL.
   3.  IN  CASES  WHERE THE MOST SERIOUS OFFENSE WITH WHICH THE DEFENDANT
 STANDS CHARGED IN THE CASE BEFORE THE COURT OR  A  PENDING  CASE  IS  AN
 OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW OR A FELO-
 NY  ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN BURGLARY IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
 PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION  ONE
 OF  SECTION  160.10  OF  SUCH  LAW  OR REPORTING A FALSE INCIDENT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW) OR A MISDEMEANOR
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, THE COURT  SHALL
 RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE,
 UNLESS  THE  COURT FINDS ON THE RECORD OR IN WRITING THAT RELEASE ON THE
 PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE THE  PRINCIPAL'S
 RETURN  TO COURT. IN SUCH INSTANCES, THE COURT SHALL RELEASE THE PRINCI-
 PAL UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE
 ALTERNATIVE  AND  CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT.  THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE  AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   4.  EXCEPT  AS  PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, IN CASES
 WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS  CHARGED  IN  THE  CASE
 BEFORE  THE  COURT  OR  A PENDING CASE IS A FELONY ENUMERATED IN SECTION
 70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS  DEFINED
 IN  SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
 SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION  160.10  OF  SUCH
 LAW  OR  REPORTING  A  FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.55 OF SUCH LAW) OR A  MISDEMEANOR  DEFINED  IN  ARTICLE  ONE
 HUNDRED  THIRTY OF THE PENAL LAW, THE COURT, UNLESS OTHERWISE PROHIBITED
 BY LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS,  OR  FIX  BAIL.  IN  SUCH
 INSTANCES,  THE COURT SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND
 CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO  COURT.
 THE  COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE
 RECORD OR IN WRITING.
   5. IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT  STANDS  CHARGED
 IN  THE  CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY SEX OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER SECTION 490.10, 490.15, 490.30, 490.35,  490.37,  490.40,  490.45,
 490.47,  490.50  OR  490.55  OF THE PENAL LAW,  A CLASS A FELONY OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION 215.15, 215.16, OR 215.17 OF THE PENAL  LAW,  A  FELONY  OFFENSE
 WHERE  A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS PHYSICAL
 INJURY OR DEATH TO ANOTHER PERSON AND CAUSING SUCH INJURY  OR  DEATH  TO
 SUCH  PERSON OR A THIRD PERSON, OR A FELONY FOR WHEN THE DEFENDANT WOULD
 BE ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF  THE  PENAL  LAW,  THE
 COURT,  UNLESS  OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL
 PENDING TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT  THE
 PRINCIPAL  TO  THE CUSTODY OF THE SHERIFF.  IN SUCH INSTANCES, THE COURT
 SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT  WILL
 REASONABLY  ASSURE  THE  PRINCIPAL'S  RETURN  TO  COURT. THE COURT SHALL
 EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON  THE  RECORD  OR  IN
 WRITING.

 A. 9505--C                         14
 
   6.  When  a  securing  order is revoked or otherwise terminated in the
 course of an uncompleted action or proceeding but the principal's future
 court attendance still is or may be required and [he] THE  PRINCIPAL  is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a securing order which
 committed the principal to the custody of the sheriff, the  court  shall
 give  written  notification  to the sheriff of such revocation or termi-
 nation of the securing order.
   § 3. Section 510.20 of the criminal procedure law is amended  to  read
 as follows:
 §  510.20    Application  for [recognizance or bail; making and determi-
              nation thereof in general] A CHANGE IN SECURING ORDER.
   1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
 securing order with respect to a principal[, or at any time when a]  AND
 THE  principal  is confined in the custody of the sheriff as a result of
 THE SECURING ORDER OR a previously issued securing order, [he] THE PRIN-
 CIPAL may make an application for recognizance, RELEASE UNDER  NON-MONE-
 TARY CONDITIONS or bail.
   2.   (A) THE PRINCIPAL IS ENTITLED TO REPRESENTATION BY COUNSEL IN THE
 MAKING AND PRESENTATION OF SUCH APPLICATION. IF THE PRINCIPAL IS  FINAN-
 CIALLY  UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRIN-
 CIPAL.
   (B) Upon such application, the principal must be accorded an  opportu-
 nity  to  be  heard,  PRESENT  EVIDENCE  and to contend that an order of
 recognizance, RELEASE UNDER NON-MONETARY CONDITIONS  or,  WHERE  AUTHOR-
 IZED,  bail  must or should issue, that the court should release [him on
 his] THE PRINCIPAL ON THE PRINCIPAL'S own recognizance OR UNDER NON-MON-
 ETARY CONDITIONS rather than fix bail, and that if  bail  is  AUTHORIZED
 AND fixed it should be in a suggested amount and form.
   §  4.  The  criminal  procedure law is amended by adding a new section
 510.25 to read as follows:
 § 510.25 REHEARING AFTER FIVE DAYS IN CUSTODY.
   IN ADDITION TO ANY OTHER AVAILABLE PRE-CONVICTION MOTION OR PROCEDURE,
 A PRINCIPAL FOR WHOM BAIL IS  AUTHORIZED  AND  WAS  FIXED,  OR  WHO  WAS
 REMANDED  TO  THE  CUSTODY  OF  THE  SHERIFF BUT IS LEGALLY ELIGIBLE FOR
 RELEASE, AND WHO IS IN CUSTODY FIVE DAYS  THEREAFTER  SHALL  BE  BROUGHT
 BEFORE  THE  COURT THE NEXT BUSINESS DAY FOR A REHEARING ON THE SECURING
 ORDER. THE COURT SHALL CONSIDER THE MATTER IN  ACCORDANCE  WITH  SECTION
 510.10  OF  THIS  ARTICLE, DE NOVO, INCLUDING THE PRINCIPAL'S INDIVIDUAL
 FINANCIAL CIRCUMSTANCES, HEAR FROM THE DEFENSE AND, IF THEY  SO  DESIRE,
 THE PEOPLE, CONSIDER RELEVANT TESTIMONY AND CROSS-EXAMINATION PRESENTED,
 CONSIDER  ANY  RELEVANT, ADMISSIBLE EVIDENCE NOT LEGALLY PRIVILEGED, AND
 ORDER A NEW SECURING ORDER IN ACCORDANCE WITH THE PRINCIPLES AND  PROCE-
 DURES  IN  THIS  ARTICLE.  THIS  PROCESS  SHALL CONTINUE WITH ADDITIONAL
 REHEARINGS, HELD PROMPTLY ON REASONABLE WRITTEN REQUEST OF DEFENSE COUN-
 SEL, MADE ON NOTICE TO THE PEOPLE.
   § 5. Section 510.30 of the criminal procedure law, subparagraph (v) of
 paragraph (a) of subdivision 2 as amended by chapter 920 of the laws  of
 1982,  subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered
 by chapter 447 of the laws of 1977,  subparagraph  (vii)  as  added  and
 subparagraphs  (viii)  and  (ix)  of  paragraph  (a) of subdivision 2 as
 renumbered by section 1 of part D of chapter 491 of the  laws  of  2012,
 and  subdivision  3  as  added  by  chapter  788 of the laws of 1981, is
 amended to read as follows:
 § 510.30 Application for [recognizance or bail] SECURING ORDER; rules of
              law and criteria controlling determination.

 A. 9505--C                         15
 
   1. [Determinations of applications for recognizance or bail are not in
 all cases discretionary but are subject to rules, prescribed in  article
 five  hundred  thirty  and  other provisions of law relating to specific
 kinds of criminal actions and proceedings, providing (a)  that  in  some
 circumstances  such  an  application must as a matter of law be granted,
 (b) that in others it must as a matter of law be denied and the  princi-
 pal committed to or retained in the custody of the sheriff, and (c) that
 in  others  the  granting  or  denial  thereof  is  a matter of judicial
 discretion.
   2. To the extent that the issuance of an order of recognizance or bail
 and the terms thereof are matters of discretion rather than of  law,  an
 application  is  determined  on  the  basis of the following factors and
 criteria:
   (a)] With respect to any principal, the court  IN  ALL  CASES,  UNLESS
 OTHERWISE PROVIDED BY LAW, must [consider the] IMPOSE THE LEAST RESTRIC-
 TIVE  kind  and  degree  of  control or restriction that is necessary to
 secure [his court attendance]  THE  PRINCIPAL'S  RETURN  TO  COURT  when
 required.  In  determining  that matter, the court must, on the basis of
 available information, consider and take into account[:
   (i) The principal's character, reputation, habits  and  mental  condi-
 tion;
   (ii) His employment and financial resources; and
   (iii)  His  family  ties and the length of his residence if any in the
 community; and
   (iv) His] INFORMATION ABOUT THE PRINCIPAL  THAT  IS  RELEVANT  TO  THE
 PRINCIPAL'S RETURN TO COURT, INCLUDING:
   (A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
   (B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
   (C)  THE  PRINCIPAL'S  criminal CONVICTION record if any PROVIDED THAT
 THE COURT MUST ALSO CONSIDER AND TAKE INTO ACCOUNT  THE  TIME  THAT  HAS
 ELAPSED  SINCE THE OCCURRENCE OF SUCH CRIME OR CRIMES AND THE AGE OF THE
 PRINCIPAL AT THE TIME OF THE OCCURRENCE OF SUCH CRIME OR CRIMES; [and
   (v) His] (D) THE PRINCIPAL'S record  of  previous  adjudication  as  a
 juvenile delinquent, as retained pursuant to section 354.2 of the family
 court act, or, of pending cases where fingerprints are retained pursuant
 to  section  306.1  of such act, or a youthful offender, if any PROVIDED
 THAT THE COURT MUST ALSO CONSIDER AND TAKE INTO ACCOUNT  THE  TIME  THAT
 HAS  ELAPSED SINCE THE OCCURRENCE OF SUCH DELINQUENCY OR YOUTHFUL OFFEN-
 DER CONDUCT AND THE AGE OF THE PRINCIPAL AT THE TIME OF SUCH DELINQUENCY
 OR YOUTHFUL OFFENDER CONDUCT; [and
   (vi) His] (e) THE PRINCIPAL'S previous record [if any in responding to
 court appearances when required or] with respect to  INTENTIONAL  flight
 to avoid criminal prosecution; [and
   (vii)]   (F)   IF  MONETARY  BAIL  IS  AUTHORIZED,  ACCORDING  TO  THE
 RESTRICTIONS SET FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL  FINAN-
 CIAL CIRCUMSTANCES;
   (G)  Where  the  principal is charged with a crime or crimes against a
 member or members of the same  family  or  household  as  that  term  is
 defined  in subdivision one of section 530.11 of this title, the follow-
 ing factors:
   [(A)] (I) any violation by the principal of  an  order  of  protection
 issued  by  any  court  for the protection of a member or members of the
 same family or household as that term is defined in subdivision  one  of
 section 530.11 of this title, whether or not such order of protection is
 currently in effect; and

 A. 9505--C                         16
 
   [(B)]  (II) the principal's history of use or possession of a firearm;
 and
   [(viii)]  (H) If [he] THE PRINCIPAL is a defendant, [the weight of the
 evidence against him in the pending criminal action and any other factor
 indicating probability or improbability of conviction; or,] in the  case
 of  an  application  for [bail or recognizance] A SECURING ORDER pending
 appeal, the merit or lack of merit of the appeal[; and
   (ix) If he is a defendant, the sentence  which  may  be  or  has  been
 imposed upon conviction].
   [(b)]  2.  Where  the  principal is a defendant-appellant in a pending
 appeal from a judgment of conviction, the court must also  consider  the
 likelihood  of  ultimate  reversal of the judgment. A determination that
 the appeal is palpably without  merit  alone  justifies,  but  does  not
 require,  a  denial  of the application, regardless of any determination
 made with respect to the factors specified in [paragraph  (a)]  SUBDIVI-
 SION ONE OF THIS SECTION.
   3.  When  bail  or recognizance is ordered, the court shall inform the
 principal, if [he] THE PRINCIPAL is a defendant charged with the commis-
 sion of a felony, that the release is conditional and that the court may
 revoke the order of release and MAY BE AUTHORIZED TO commit the  princi-
 pal  to  the custody of the sheriff in accordance with the provisions of
 subdivision two of section 530.60 of this chapter if [he] THE  PRINCIPAL
 commits a subsequent felony while at liberty upon such order.
   §  6.  Section 510.40 of the criminal procedure law is amended to read
 as follows:
 § 510.40  [Application for recognizance or bail; determination  thereof,
              form of securing order and execution thereof] COURT NOTIFI-
              CATION TO PRINCIPAL OF CONDITIONS OF RELEASE AND OF ALLEGED
              VIOLATIONS OF CONDITIONS OF RELEASE.
   1.    [An application for recognizance or bail must be determined by a
 securing order which either:
   (a)  Grants the application and releases  the  principal  on  his  own
 recognizance; or
   (b)  Grants the application and fixes bail; or
   (c)    Denies the application and commits the principal to, or retains
 him in, the custody of the sheriff.
   2.] Upon ordering that a principal be released on  [his]  THE  PRINCI-
 PAL'S  own  recognizance, OR RELEASED UNDER NON-MONETARY CONDITIONS, OR,
 IF BAIL HAS BEEN FIXED, UPON THE POSTING OF BAIL, the court must  direct
 [him]  THE  PRINCIPAL  to  appear  in  the criminal action or proceeding
 involved whenever [his] THE PRINCIPAL'S attendance may be  required  and
 to [render himself] BE at all times amenable to the orders and processes
 of  the court.  If such principal is in the custody of the sheriff or at
 liberty upon bail at the time of the order, the court must  direct  that
 [he]  THE  PRINCIPAL be discharged from such custody or, as the case may
 be, that [his] THE PRINCIPAL'S bail be exonerated.
   [3.] 2. Upon the issuance of an order fixing bail,  WHERE  AUTHORIZED,
 and  upon the posting thereof, the court must examine the bail to deter-
 mine whether it complies with the order.  If it does, the court must, in
 the absence of some factor or circumstance  which  in  law  requires  or
 authorizes  disapproval  thereof,  approve  the  bail  and  must issue a
 certificate of release, authorizing the principal to be at liberty, and,
 if [he] THE PRINCIPAL is in the custody of  the  sheriff  at  the  time,
 directing  the  sheriff  to discharge [him] THE PRINCIPAL therefrom.  If
 the bail fixed is not posted, or is not approved after being posted, the
 court must order that the principal be committed to the custody  of  the

 A. 9505--C                         17
 
 sheriff.  IN THE EVENT OF ANY SUCH NON-APPROVAL, THE COURT SHALL EXPLAIN
 PROMPTLY IN WRITING THE REASONS THEREFOR.
   3.  NON-MONETARY  CONDITIONS  OF  RELEASE  SHALL BE INDIVIDUALIZED AND
 ESTABLISHED IN WRITING BY THE COURT. AT FUTURE  COURT  APPEARANCES,  THE
 COURT SHALL CONSIDER A LESSENING OF CONDITIONS OR MODIFICATION OF CONDI-
 TIONS TO A LESS BURDENSOME FORM BASED ON THE PRINCIPAL'S COMPLIANCE WITH
 SUCH  CONDITIONS OF RELEASE. IN THE EVENT OF ALLEGED NON-COMPLIANCE WITH
 THE CONDITIONS OF RELEASE IN AN  IMPORTANT  RESPECT,  PURSUANT  TO  THIS
 SUBDIVISION,  ADDITIONAL  CONDITIONS MAY BE IMPOSED BY THE COURT, ON THE
 RECORD OR IN WRITING, ONLY AFTER NOTICE OF THE FACTS  AND  CIRCUMSTANCES
 OF  SUCH  ALLEGED  NON-COMPLIANCE,  REASONABLE  UNDER THE CIRCUMSTANCES,
 AFFORDING THE PRINCIPAL AND THE PRINCIPAL'S ATTORNEY AND THE  PEOPLE  AN
 OPPORTUNITY TO PRESENT RELEVANT, ADMISSIBLE EVIDENCE, RELEVANT WITNESSES
 AND  TO  CROSS-EXAMINE  WITNESSES, AND A FINDING BY CLEAR AND CONVINCING
 EVIDENCE THAT THE PRINCIPAL VIOLATED A CONDITION OF RELEASE IN AN IMPOR-
 TANT RESPECT.   FOLLOWING SUCH A  FINDING,  IN  DETERMINING  WHETHER  TO
 IMPOSE ADDITIONAL CONDITIONS FOR NON-COMPLIANCE, THE COURT SHALL CONSID-
 ER  AND  MAY SELECT CONDITIONS CONSISTENT WITH THE COURT'S OBLIGATION TO
 IMPOSE THE LEAST RESTRICTIVE CONDITION OR CONDITIONS THAT  WILL  REASON-
 ABLY  ASSURE THE DEFENDANT'S RETURN TO COURT. THE COURT SHALL EXPLAIN ON
 THE RECORD OR IN WRITING THE REASONS FOR ITS DETERMINATION AND  FOR  ANY
 CHANGES TO THE CONDITIONS IMPOSED.
   4.  (A) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE ORDERED
 ONLY IF THE COURT FINDS, AFTER NOTICE, AN OPPORTUNITY TO BE HEARD AND AN
 INDIVIDUALIZED DETERMINATION EXPLAINED ON THE RECORD OR IN WRITING, THAT
 THE DEFENDANT QUALIFIES FOR ELECTRONIC  MONITORING  IN  ACCORDANCE  WITH
 SUBDIVISION  TWENTY-ONE  OF  SECTION  500.10 OF THIS TITLE, AND NO OTHER
 REALISTIC NON-MONETARY CONDITION OR SET OF NON-MONETARY CONDITIONS  WILL
 SUFFICE TO REASONABLY ASSURE A PRINCIPAL'S RETURN TO COURT.
   (B)  THE  SPECIFIC  METHOD OF ELECTRONIC MONITORING OF THE PRINCIPAL'S
 LOCATION MUST BE APPROVED BY THE COURT.  IT MUST BE THE  LEAST  RESTRIC-
 TIVE  PROCEDURE  AND  METHOD THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT, AND UNOBTRUSIVE TO THE GREATEST EXTENT PRACTICABLE.
   (C) ELECTRONIC MONITORING OF  THE  LOCATION  OF  A  PRINCIPAL  MAY  BE
 CONDUCTED ONLY BY A PUBLIC ENTITY UNDER THE SUPERVISION AND CONTROL OF A
 COUNTY  OR  MUNICIPALITY  OR  A  NON-PROFIT ENTITY UNDER CONTRACT TO THE
 COUNTY, MUNICIPALITY OR THE STATE. A COUNTY  OR  MUNICIPALITY  SHALL  BE
 AUTHORIZED  TO ENTER INTO A CONTRACT WITH ANOTHER COUNTY OR MUNICIPALITY
 IN THE STATE TO MONITOR  PRINCIPALS  UNDER  NON-MONETARY  CONDITIONS  OF
 RELEASE  IN ITS COUNTY, BUT COUNTIES, MUNICIPALITIES AND THE STATE SHALL
 NOT CONTRACT WITH ANY PRIVATE FOR-PROFIT ENTITY FOR SUCH PURPOSES.
   (D) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE FOR A MAXI-
 MUM PERIOD OF SIXTY DAYS, AND MAY BE  RENEWED  FOR  SUCH  PERIOD,  AFTER
 NOTICE,  AN OPPORTUNITY TO BE HEARD AND A DE NOVO, INDIVIDUALIZED DETER-
 MINATION IN ACCORDANCE WITH THIS SUBDIVISION, WHICH SHALL  BE  EXPLAINED
 ON THE RECORD OR IN WRITING.
   5. IF A PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE COURT
 SHALL,  ON THE RECORD AND IN AN INDIVIDUALIZED WRITTEN DOCUMENT PROVIDED
 TO THE PRINCIPAL, NOTIFY THE PRINCIPAL, IN PLAIN LANGUAGE AND  A  MANNER
 SUFFICIENTLY CLEAR AND SPECIFIC:
   (A) OF ANY CONDITIONS TO WHICH THE PRINCIPAL IS SUBJECT, TO SERVE AS A
 GUIDE FOR THE PRINCIPAL'S CONDUCT; AND
   (B)  THAT  THE POSSIBLE CONSEQUENCES FOR VIOLATION OF SUCH A CONDITION
 MAY INCLUDE REVOCATION OF THE SECURING ORDER AND THE ORDERING OF A  MORE
 RESTRICTIVE SECURING ORDER.

 A. 9505--C                         18
 
   §  7.  The  criminal  procedure law is amended by adding a new section
 510.43 to read as follows:
 § 510.43 COURT APPEARANCES: ADDITIONAL NOTIFICATIONS.
   THE  COURT  OR,  UPON  DIRECTION  OF  THE  COURT, A CERTIFIED PRETRIAL
 SERVICES AGENCY, SHALL NOTIFY ALL PRINCIPALS RELEASED UNDER NON-MONETARY
 CONDITIONS AND ON RECOGNIZANCE OF ALL COURT APPEARANCES  IN  ADVANCE  BY
 TEXT  MESSAGE,  TELEPHONE CALL, ELECTRONIC MAIL OR FIRST CLASS MAIL. THE
 CHIEF ADMINISTRATOR OF THE COURTS SHALL, PURSUANT TO SUBDIVISION ONE  OF
 SECTION  10.40 OF THIS CHAPTER, DEVELOP A FORM WHICH SHALL BE OFFERED TO
 THE PRINCIPAL AT COURT APPEARANCES. ON SUCH FORM, WHICH UPON  COMPLETION
 SHALL  BE  RETAINED IN THE COURT FILE, THE PRINCIPAL MAY SELECT ONE SUCH
 PREFERRED MANNER OF NOTICE.
   § 8. The criminal procedure law is amended by  adding  a  new  section
 510.45 to read as follows:
 § 510.45 PRETRIAL SERVICES AGENCIES.
   1.  THE  OFFICE  OF  COURT  ADMINISTRATION SHALL CERTIFY AND REGULARLY
 REVIEW FOR RECERTIFICATION ONE OR MORE  PRETRIAL  SERVICES  AGENCIES  IN
 EACH  COUNTY  TO  MONITOR  PRINCIPALS RELEASED UNDER NON-MONETARY CONDI-
 TIONS.  SUCH OFFICE SHALL MAINTAIN A LISTING ON ITS PUBLIC WEBSITE IDEN-
 TIFYING BY COUNTY EACH PRETRIAL SERVICES  AGENCY  SO  CERTIFIED  IN  THE
 STATE.
   2.  EVERY  SUCH  AGENCY SHALL BE A PUBLIC ENTITY UNDER THE SUPERVISION
 AND CONTROL OF A COUNTY OR MUNICIPALITY OR  A  NON-PROFIT  ENTITY  UNDER
 CONTRACT  TO  THE COUNTY, MUNICIPALITY OR THE STATE. A COUNTY OR MUNICI-
 PALITY SHALL BE AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER  COUNTY
 OR  MUNICIPALITY  IN  THE STATE TO MONITOR PRINCIPALS UNDER NON-MONETARY
 CONDITIONS OF RELEASE IN ITS COUNTY, BUT  COUNTIES,  MUNICIPALITIES  AND
 THE STATE SHALL NOT CONTRACT WITH ANY PRIVATE FOR-PROFIT ENTITY FOR SUCH
 PURPOSES.
   3.  (A) ANY QUESTIONNAIRE, INSTRUMENT OR TOOL USED WITH A PRINCIPAL IN
 THE PROCESS OF  CONSIDERING  OR  DETERMINING  THE  PRINCIPAL'S  POSSIBLE
 RELEASE  ON  RECOGNIZANCE,  RELEASE  UNDER NON-MONETARY CONDITIONS OR ON
 BAIL, OR USED WITH A PRINCIPAL IN THE PROCESS OF CONSIDERING  OR  DETER-
 MINING  A CONDITION OR CONDITIONS OF RELEASE OR MONITORING BY A PRETRIAL
 SERVICES AGENCY, SHALL BE PROMPTLY MADE AVAILABLE TO THE  PRINCIPAL  AND
 THE PRINCIPAL'S COUNSEL UPON WRITTEN REQUEST.  ANY SUCH BLANK FORM QUES-
 TIONNAIRE,  INSTRUMENT  OR  TOOL  REGULARLY  USED IN THE COUNTY FOR SUCH
 PURPOSE OR A RELATED PURPOSE SHALL  BE  MADE  AVAILABLE  TO  ANY  PERSON
 PROMPTLY UPON REQUEST.
   (B) ANY SUCH QUESTIONNAIRE, INSTRUMENT OR TOOL SHALL BE:
   (I)  FREE  FROM  DISCRIMINATORY  AND DISPARATE IMPACT ON DETENTION AND
 OTHER OUTCOMES BASED ON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
 ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX,  MARI-
 TAL  STATUS,  DISABILITY, OR ANY OTHER CONSTITUTIONALLY PROTECTED CLASS,
 REGARDING THE USE THEREOF; AND
   (II) EMPIRICALLY VALIDATED AND REGULARLY REVALIDATED, WITH SUCH  VALI-
 DATION AND REVALIDATION STUDIES AND ALL UNDERLYING DATA, EXCEPT PERSONAL
 IDENTIFYING  INFORMATION  FOR  ANY  DEFENDANT,  PUBLICLY  AVAILABLE UPON
 REQUEST.
   4. MONITORING BY A PRE-TRIAL SERVICES AGENCY MAY BE ORDERED AS A  NON-
 MONETARY CONDITION PURSUANT TO THIS TITLE ONLY IF THE COURT FINDS, AFTER
 NOTICE,  AN  OPPORTUNITY TO BE HEARD AND AN INDIVIDUALIZED DETERMINATION
 EXPLAINED ON THE RECORD OR IN WRITING, THAT NO OTHER REALISTIC NON-MONE-
 TARY CONDITION OR SET OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.

 A. 9505--C                         19

   5. EACH PRETRIAL SERVICE AGENCY  CERTIFIED  BY  THE  OFFICE  OF  COURT
 ADMINISTRATION  PURSUANT  TO  THIS SECTION SHALL AT THE END OF EACH YEAR
 PREPARE AND FILE WITH SUCH OFFICE AN ANNUAL  REPORT,  WHICH  THE  OFFICE
 SHALL COMPILE, PUBLISH ON ITS WEBSITE AND MAKE AVAILABLE UPON REQUEST TO
 MEMBERS OF THE PUBLIC. SUCH REPORTS SHALL NOT INCLUDE ANY PERSONAL IDEN-
 TIFYING  INFORMATION FOR ANY INDIVIDUAL DEFENDANTS. EACH SUCH REPORT, IN
 ADDITION TO OTHER RELEVANT INFORMATION, SHALL SET  FORTH,  DISAGGREGATED
 BY EACH COUNTY SERVED:
   (A) THE NUMBER OF DEFENDANTS MONITORED BY THE AGENCY;
   (B)  THE  LENGTH OF TIME (IN MONTHS) EACH SUCH PERSON WAS MONITORED BY
 THE AGENCY PRIOR TO ACQUITTAL, DISMISSAL, RELEASE ON RECOGNIZANCE, REVO-
 CATION OF RELEASE ON CONDITIONS, AND SENTENCING;
   (C) THE RACE, ETHNICITY, AGE AND SEX OF EACH PERSON MONITORED;
   (D) THE CRIMES WITH WHICH EACH PERSON MONITORED WAS CHARGED;
   (E) THE NUMBER OF PERSONS MONITORED FOR WHOM RELEASE  CONDITIONS  WERE
 MODIFIED  BY THE COURT, DESCRIBING GENERALLY FOR EACH PERSON OR GROUP OF
 PERSONS THE TYPE AND NATURE OF THE  CONDITION  OR  CONDITIONS  ADDED  OR
 REMOVED;
   (F)  THE NUMBER OF PERSONS MONITORED FOR WHOM RELEASE UNDER CONDITIONS
 WAS REVOKED BY THE COURT, AND THE BASIS FOR SUCH REVOCATIONS; AND
   (G) THE COURT DISPOSITION IN EACH MONITORING CASE, INCLUDING  SENTENC-
 ING INFORMATION.
   §  9.  Section 510.50 of the criminal procedure law is amended to read
 as follows:
 § 510.50 Enforcement of securing order.
   1. When the attendance of a principal confined in the custody  of  the
 sheriff is required at the criminal action or proceeding at a particular
 time  and  place,  the court may compel such attendance by directing the
 sheriff to produce [him] THE PRINCIPAL at such time and place.   If  the
 principal  is  at  liberty  on [his] THE PRINCIPAL'S own recognizance OR
 NON-MONETARY CONDITIONS or on bail, [his] THE  PRINCIPAL'S    attendance
 may  be achieved or compelled by various methods, including notification
 and the issuance of a bench warrant, prescribed  by  law  in  provisions
 governing  such matters with respect to the particular kind of action or
 proceeding involved.
   2. EXCEPT WHEN THE PRINCIPAL IS CHARGED WITH  A  NEW  CRIME  WHILE  AT
 LIBERTY, ABSENT RELEVANT, ADMISSIBLE EVIDENCE DEMONSTRATING THAT A PRIN-
 CIPAL'S  FAILURE TO APPEAR FOR A SCHEDULED COURT APPEARANCE WAS WILLFUL,
 THE COURT, PRIOR TO ISSUING A BENCH WARRANT FOR A FAILURE TO APPEAR  FOR
 A  SCHEDULED  COURT APPEARANCE, SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS
 NOTICE TO THE PRINCIPAL OR THE PRINCIPAL'S COUNSEL THAT THE PRINCIPAL IS
 REQUIRED TO APPEAR, IN ORDER TO GIVE THE  PRINCIPAL  AN  OPPORTUNITY  TO
 APPEAR VOLUNTARILY.
   § 10. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by chapter 784 of the laws of 1972, is amended
 to read as follows:
   (b) The court [may] SHALL direct that the bail be posted in any one of
 [two]  THREE  or  more of the forms specified in subdivision one OF THIS
 SECTION, designated in the  alternative,  and  may  designate  different
 amounts varying with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE
 EITHER AN UNSECURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE
 COURT.
   §  11. Section 530.10 of the criminal procedure law is amended to read
 as follows:
 § 530.10 Order of recognizance RELEASE UNDER NON-MONETARY CONDITIONS  or
            bail; in general.

 A. 9505--C                         20
 
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a defendant charged with or convicted of an offense, is required
 [or  authorized to order bail or recognizance] TO ISSUE A SECURING ORDER
 for [the release or prospective release of] such  defendant  during  the
 pendency of either:
   1.  A criminal action based upon such charge; or
   2.   An appeal taken by the defendant from a judgment of conviction or
 a sentence or from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.
   § 12. Subdivision 4 of section 530.11 of the criminal  procedure  law,
 as  added  by  chapter  186  of  the laws of 1997, is amended to read as
 follows:
   4. When a person is arrested for  an  alleged  family  offense  or  an
 alleged  violation  of  an  order  of  protection  or temporary order of
 protection or arrested pursuant to a warrant issued by  the  supreme  or
 family  court, and the supreme or family court, as applicable, is not in
 session, such person shall be brought before a local criminal  court  in
 the  county  of arrest or in the county in which such warrant is return-
 able pursuant to article one hundred twenty of this chapter. Such  local
 criminal  court  may issue any order authorized under subdivision eleven
 of section 530.12 of this article, section one hundred  fifty-four-d  or
 one hundred fifty-five of the family court act or subdivision three-b of
 section  two  hundred  forty or subdivision two-a of section two hundred
 fifty-two of the domestic relations  law,  in  addition  to  discharging
 other  arraignment  responsibilities  as  set  forth in this chapter. In
 making such order, the local criminal court shall consider DE  NOVO  the
 [bail] recommendation AND SECURING ORDER, if any, made by the supreme or
 family  court  as  indicated  on  the warrant or certificate of warrant.
 Unless the petitioner or complainant requests otherwise, the  court,  in
 addition  to  scheduling further criminal proceedings, if any, regarding
 such alleged family offense or violation  allegation,  shall  make  such
 matter  returnable in the supreme or family court, as applicable, on the
 next day such court is in session.
   § 13. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
 procedure law, as added by chapter 388 of the laws of 1984,  is  amended
 to read as follows:
   (a) revoke an order of recognizance, RELEASE UNDER NON-MONETARY CONDI-
 TIONS or bail and commit the defendant to custody; or
   §  14. The opening paragraph of subdivision 1 of section 530.13 of the
 criminal procedure law, as amended by chapter 137 of the laws  of  2007,
 is amended to read as follows:
   When  any  criminal  action is pending, and the court has not issued a
 temporary order of protection pursuant to section 530.12 of  this  arti-
 cle,  the  court,  in  addition to the other powers conferred upon it by
 this chapter, may for good  cause  shown  issue  a  temporary  order  of
 protection  in  conjunction  with  any  securing  order  [committing the
 defendant to the custody of the sheriff or as a condition of a pre-trial
 release, or as a condition of release on  bail]  or  an  adjournment  in
 contemplation of dismissal. In addition to any other conditions, such an
 order may require that the defendant:
   §  15. Subdivision 11 of section 530.12 of the criminal procedure law,
 as amended by chapter 498 of the laws of 1993, the opening paragraph  as
 amended  by chapter 597 of the laws of 1998, paragraph (a) as amended by
 chapter 222 of the laws of 1994, paragraph (d) as amended by chapter 644
 of the laws of 1996, is amended to read as follows:

 A. 9505--C                         21
 
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by a court of competent jurisdiction in another  state,  territorial  or
 tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a)  revoke  an  order  of  recognizance OR RELEASE UNDER NON-MONETARY
 CONDITIONS or revoke an order of bail or order forfeiture of  such  bail
 and commit the defendant to custody; or
   (b)  restore  the case to the calendar when there has been an adjourn-
 ment in contemplation of dismissal and commit the defendant to  custody;
 or
   (c)  revoke  a conditional discharge in accordance with section 410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment in accordance with the penal  law  based  on  the  original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and  impose  a sentence of imprisonment in accordance with the penal law
 based on the original conviction. In addition, if the act which  consti-
 tutes  the  violation  of  the order of protection or temporary order of
 protection is a crime or a violation the defendant may be  charged  with
 and tried for that crime or violation.
   §  16.  Section  530.20  of  the criminal procedure law, as amended by
 chapter 531 of the laws of 1975, subparagraph (ii) of paragraph  (b)  of
 subdivision  2 as amended by chapter 218 of the laws of 1979, is amended
 to read as follows:
 § 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
              nal court when action is pending therein.
   When a criminal action is pending in  a  local  criminal  court,  such
 court,  upon application of a defendant, [must or may order recognizance
 or bail] SHALL PROCEED as follows:
   1. [When the defendant is charged, by information, simplified informa-
 tion, prosecutor's information or misdemeanor complaint, with an offense
 or offenses of less than felony grade only, the court must order  recog-
 nizance or bail.] (A) IN CASES WHERE THE MOST SERIOUS OFFENSE WITH WHICH
 THE  DEFENDANT  STANDS CHARGED IN THE CASE BEFORE THE COURT OR A PENDING
 CASE IS AN OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW
 OR A FELONY ENUMERATED IN SECTION 70.02 OF THE  PENAL  LAW  (OTHER  THAN
 BURGLARY  IN  THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION
 140.25 OF THE PENAL LAW OR ROBBERY IN THE SECOND DEGREE  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 160.10 OF SUCH LAW OR REPORTING A FALSE INCI-
 DENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW) OR A
 MISDEMEANOR  DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, THE
 COURT SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE  PRINCIPAL'S  OWN
 RECOGNIZANCE,  UNLESS  THE  COURT FINDS ON THE RECORD OR IN WRITING THAT
 RELEASE ON THE PRINCIPAL'S OWN RECOGNIZANCE WILL NOT  REASONABLY  ASSURE
 THE  PRINCIPAL'S  RETURN  TO  COURT.  IN SUCH INSTANCES, THE COURT SHALL
 RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST
 RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY  ASSURE  THE
 PRINCIPAL'S  RETURN  TO  COURT.  THE  COURT  SHALL EXPLAIN ITS CHOICE OF
 ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN WRITING.
   (B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, IN  CASES
 WHERE  AN  OFFENSE  WITH  WHICH THE DEFENDANT STANDS CHARGED IN THE CASE
 BEFORE THE COURT OR A PENDING CASE IS A  FELONY  ENUMERATED  IN  SECTION
 70.02  OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS DEFINED
 IN SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN  THE

 A. 9505--C                         22
 
 SECOND  DEGREE  AS  DEFINED IN SUBDIVISION ONE OF SECTION 160.10 OF SUCH
 LAW OR REPORTING A FALSE INCIDENT IN THE SECOND  DEGREE  AS  DEFINED  IN
 SECTION  240.55  OF  SUCH  LAW)  OR A MISDEMEANOR DEFINED IN ARTICLE ONE
 HUNDRED  THIRTY OF THE PENAL LAW, THE COURT, UNLESS OTHERWISE PROHIBITED
 BY LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, OR RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR
 FIX BAIL. IN SUCH INSTANCES, THE COURT SHALL SELECT THE  LEAST  RESTRIC-
 TIVE  ALTERNATIVE  THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO
 COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND  CONDITIONS
 ON THE RECORD OR IN WRITING.
   (C)  IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
 IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY  SEX  OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER  SECTION  490.10,  490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
 490.47, 490.50 OR 490.55 OF THE PENAL LAW,  A  CLASS  A  FELONY  OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION  215.15,  215.16,  OR  215.17 OF THE PENAL LAW, A FELONY OFFENSE
 WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS  PHYSICAL
 INJURY  OR  DEATH  TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
 SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHICH THE DEFENDANT WOULD
 BE ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF  THE  PENAL  LAW,  THE
 COURT,  UNLESS  OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL
 PENDING TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT  THE
 PRINCIPAL  TO  THE CUSTODY OF THE SHERIFF.  IN SUCH INSTANCES, THE COURT
 SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT  WILL
 REASONABLY  ASSURE  THE  PRINCIPAL'S  RETURN  TO  COURT. THE COURT SHALL
 EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON  THE  RECORD  OR  IN
 WRITING.
   2.  When the defendant is charged, by felony complaint, with a felony,
 the court may, in its  discretion,  order  recognizance,  RELEASE  UNDER
 NON-MONETARY  CONDITIONS,  or,  WHERE  AUTHORIZED,  bail  OR  COMMIT THE
 DEFENDANT TO THE CUSTODY OF THE SHERIFF except as otherwise provided  in
 SUBDIVISION ONE OF THIS SECTION OR this subdivision:
   (a) A city court, a town court or a village court may not order recog-
 nizance or bail when (i) the defendant is charged with a class A felony,
 or  (ii)  [it  appears  that]  the  defendant  has  two  previous felony
 convictions;
   (b) No local criminal court  may  order  recognizance,  RELEASE  UNDER
 NON-MONETARY CONDITIONS or bail with respect to a defendant charged with
 a felony unless and until:
   (i)    The  district  attorney  has been heard in the matter or, after
 knowledge or notice of the application and reasonable opportunity to  be
 heard,  has  failed  to appear at the proceeding or has otherwise waived
 his right to do so; and
   (ii) The court [has] AND COUNSEL FOR THE DEFENDANT HAVE been furnished
 with a report of the division of criminal  justice  services  concerning
 the  defendant's  criminal  record,  if any, or with a police department
 report with respect to  the  defendant's  prior  arrest  AND  CONVICTION
 record,  IF  ANY.    If neither report is available, the court, with the
 consent of the district attorney, may dispense  with  this  requirement;
 provided,  however, that in an emergency, including but not limited to a
 substantial impairment in the ability of such division or police depart-
 ment to timely furnish such report, such consent shall not  be  required
 if,  for  reasons  stated on the record, the court deems it unnecessary.
 When the court has been furnished with any such  report  or  record,  it

 A. 9505--C                         23
 
 shall  furnish  a  copy  thereof to counsel for the defendant or, if the
 defendant is not represented by counsel, to the defendant.
   §  17.  The section heading and subdivisions 1 and 2 of section 530.30
 of the criminal procedure law, subdivision 2 as amended by  chapter  762
 of the laws of 1971, are amended to read as follows:
 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or bail; by
              superior court judge when action is pending in local crimi-
              nal court.
   1.  When a criminal action is pending in a local criminal court, other
 than one consisting of a superior court judge sitting as such,  a  judge
 of  a superior court holding a term thereof in the county, upon applica-
 tion of a defendant, may order recognizance, RELEASE UNDER  NON-MONETARY
 CONDITIONS or, WHERE AUTHORIZED, bail when such local criminal court:
   (a) Lacks authority to issue such an order, pursuant to [paragraph (a)
 of  subdivision  two]  THE RELEVANT PROVISIONS of section 530.20 OF THIS
 ARTICLE; or
   (b) Has denied an application for recognizance, RELEASE UNDER NON-MON-
 ETARY CONDITIONS or bail; or
   (c) Has fixed bail, WHERE AUTHORIZED, which is excessive; OR
   (D) HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY  CONDITIONS
 WHICH  ARE  MORE  RESTRICTIVE  THAN  NECESSARY  TO REASONABLY ASSURE THE
 DEFENDANT'S RETURN TO COURT.
   In such case, such superior court judge may vacate the order  of  such
 local criminal court and release the defendant on [his own] recognizance
 OR  UNDER  NON-MONETARY  CONDITIONS,  or WHERE AUTHORIZED, fix bail in a
 lesser amount or in a less burdensome  form,  WHICHEVER  ARE  THE  LEAST
 RESTRICTIVE  ALTERNATIVE  AND CONDITIONS THAT WILL REASONABLY ASSURE THE
 DEFENDANT'S RETURN TO COURT. THE  COURT  SHALL  EXPLAIN  ITS  CHOICE  OF
 ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN WRITING.
   2.  Notwithstanding the provisions of subdivision one OF THIS SECTION,
 when the defendant is charged with a felony in a local criminal court, a
 superior court judge may not order recognizance, RELEASE UNDER NON-MONE-
 TARY CONDITIONS or, WHERE AUTHORIZED, bail unless and until the district
 attorney has had an opportunity to be heard in the matter and such judge
 [has] AND COUNSEL FOR THE DEFENDANT HAVE been furnished with a report as
 described  in  subparagraph  (ii) of paragraph (b) of subdivision two of
 section 530.20 OF THIS ARTICLE.
   § 18. Section 530.40 of the criminal procedure law, subdivision  3  as
 amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
 by chapter 762 of the laws of 1971, is amended to read as follows:
 § 530.40 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or
            bail; by superior court when action is pending therein.
   When  a  criminal  action  is pending in a superior court, such court,
 upon application of a defendant, must or may order recognizance or  bail
 as follows:
   1.  When  the defendant is charged with an offense or offenses of less
 than felony grade only, the court must,  UNLESS  OTHERWISE  PROVIDED  BY
 LAW,  order recognizance or [bail] RELEASE UNDER NON-MONETARY CONDITIONS
 IN ACCORDANCE WITH THIS SECTION.
   2. When the defendant is charged with a felony, the court may, in  its
 discretion,  order  recognizance [or], RELEASE UNDER NON-MONETARY CONDI-
 TIONS OR, WHERE AUTHORIZED, bail. In any such case in which  an  indict-
 ment  (a)  has  resulted from an order of a local criminal court holding
 the defendant for the action of the grand jury, or (b) was  filed  at  a
 time  when a felony complaint charging the same conduct was pending in a
 local criminal court, and in which such local criminal court or a  supe-

 A. 9505--C                         24
 
 rior court judge has issued an order of recognizance [or], RELEASE UNDER
 NON-MONETARY CONDITIONS OR, WHERE AUTHORIZED, bail which is still effec-
 tive,  the  superior  court's  order  may  be in the form of a direction
 continuing the effectiveness of the previous order.
   3.  IN  CASES  WHERE THE MOST SERIOUS OFFENSE WITH WHICH THE DEFENDANT
 STANDS CHARGED IN THE CASE BEFORE THE COURT OR  A  PENDING  CASE  IS  AN
 OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW OR A FELO-
 NY  ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN BURGLARY IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
 PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION  ONE
 OF  SECTION  160.10  OF  SUCH  LAW  OR REPORTING A FALSE INCIDENT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW) OR A MISDEMEANOR
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, THE COURT  SHALL
 RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE,
 UNLESS  THE  COURT FINDS ON THE RECORD OR IN WRITING THAT RELEASE ON THE
 PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE THE  PRINCIPAL'S
 RETURN  TO COURT. IN SUCH INSTANCES, THE COURT SHALL RELEASE THE PRINCI-
 PAL UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE
 ALTERNATIVE  AND  CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF  ALTERNATIVE  AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   4.  EXCEPT  AS  PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, IN CASES
 WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS  CHARGED  IN  THE  CASE
 BEFORE  THE  COURT  OR  A PENDING CASE IS A FELONY ENUMERATED IN SECTION
 70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS  DEFINED
 IN  SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
 SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION  160.10  OF  SUCH
 LAW  OR  REPORTING  A  FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.55 OF SUCH LAW) OR A  MISDEMEANOR  DEFINED  IN  ARTICLE  ONE
 HUNDRED  THIRTY  OF THE PENAL LAW THE COURT, UNLESS OTHERWISE PROHIBITED
 BY LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, OR RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR
 FIX BAIL, SELECTING THE LEAST  RESTRICTIVE  ALTERNATIVE  AND  CONDITIONS
 THAT  WILL  REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. THE COURT
 SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD  OR
 IN WRITING.
   5.  IN  CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
 IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY  SEX  OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER  SECTION  490.10,  490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
 490.47, 490.50 OR 490.55 OF THE PENAL LAW,  A  CLASS  A  FELONY  OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION  215.15,  215.16,  OR  215.17 OF THE PENAL LAW, A FELONY OFFENSE
 WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS  PHYSICAL
 INJURY  OR  DEATH  TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
 SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHICH  THE  DEFENDANT  IS
 ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF THE PENAL LAW, THE COURT,
 UNLESS  OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL PENDING
 TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT THE  PRINCI-
 PAL  TO  THE  CUSTODY  OF  THE  SHERIFF, SELECTING THE LEAST RESTRICTIVE
 ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY ASSURE  THE  PRINCIPAL'S
 RETURN  TO  COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   6. Notwithstanding the provisions of  [subdivision  two]  SUBDIVISIONS
 TWO,  THREE,  FOUR  AND  FIVE  OF THIS SECTION, a superior court may not
 order recognizance, RELEASE  UNDER  NON-MONETARY  CONDITIONS  or,  WHERE

 A. 9505--C                         25

 AUTHORIZED, bail, or permit a defendant to remain at liberty pursuant to
 an  existing  order,  after  [he]  THE  DEFENDANT  has been convicted of
 either: (a) a class A felony or (b) any class B or  class  C  felony  AS
 defined  in  article  one  hundred  thirty of the penal law committed or
 attempted to be committed by a person eighteen years  of  age  or  older
 against  a  person  less  than eighteen years of age. In either case the
 court must commit or remand the defendant to the custody of the sheriff.
   [4.] 7. Notwithstanding the provisions of [subdivision  two]  SUBDIVI-
 SIONS  TWO,  THREE,  FOUR AND FIVE OF THIS SECTION, a superior court may
 not order recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or,  WHERE
 AUTHORIZED,  bail when the defendant is charged with a felony unless and
 until the district attorney has had an opportunity to be  heard  in  the
 matter  and  such  court  [has]  AND COUNSEL FOR THE DEFENDANT HAVE been
 furnished with a report as described in subparagraph (ii)  of  paragraph
 (b) of subdivision two of section 530.20 OF THIS ARTICLE.
   §  19.  Subdivision 1 of section 530.45 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   1. When the defendant is at liberty in the course of a criminal action
 as a result of a prior order of recognizance, RELEASE UNDER NON-MONETARY
 CONDITIONS  or  bail and the court revokes such order and then [either],
 WHERE AUTHORIZED, fixes no bail or fixes bail in a greater amount or  in
 a  more burdensome form than was previously fixed and remands or commits
 defendant to the custody of the sheriff, OR ISSUES  A  MORE  RESTRICTIVE
 SECURING  ORDER,  a judge designated in subdivision two OF THIS SECTION,
 upon application of the defendant following  conviction  of  an  offense
 other  than  a  class A felony or a class B or class C felony offense AS
 defined in article one hundred thirty of  the  penal  law  committed  or
 attempted  to  be  committed  by a person eighteen years of age or older
 against a person less than eighteen years of age, and before sentencing,
 may issue a securing order and [either] release THE defendant  on  [his]
 THE  DEFENDANT'S own recognizance, RELEASE THE DEFENDANT UNDER NON-MONE-
 TARY CONDITIONS, or, WHERE AUTHORIZED, fix bail[,]  or  fix  bail  in  a
 lesser  amount or in a less burdensome form, OR ISSUE A LESS RESTRICTIVE
 SECURING ORDER, than fixed by the court  in  which  the  conviction  was
 entered.
   §  20.  Section 530.60 of the criminal procedure law, subdivision 1 as
 amended by chapter 565 of the laws of 2011, subdivision 2  as  added  by
 chapter  788  of  the laws of 1981 and paragraph (a) of subdivision 2 as
 amended by chapter 794 of the laws  of  1986,  is  amended  to  read  as
 follows:
 § 530.60 [Order  of  recognizance  or  bail; revocation thereof] CERTAIN
             MODIFICATIONS OF A SECURING ORDER.
   1. Whenever in the course of a criminal action or proceeding a defend-
 ant is at liberty as a result of an order of recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS or bail issued pursuant to this chapter, and the
 court considers it necessary to review such order, [it] WHETHER DUE TO A
 MOTION BY THE PEOPLE OR OTHERWISE, THE COURT may, and EXCEPT AS PROVIDED
 IN SUBDIVISION TWO OF SECTION 510.50 OF THIS TITLE CONCERNING A  FAILURE
 TO APPEAR IN COURT, by a bench warrant if necessary, require the defend-
 ant  to  appear  before  the court. Upon such appearance, the court, for
 good cause shown, may revoke the order of  recognizance,  RELEASE  UNDER
 NON-MONETARY CONDITIONS, or bail. If the defendant is entitled to recog-
 nizance,  RELEASE  UNDER NON-MONETARY CONDITIONS, or bail as a matter of
 right, the court must issue another such  order.  If  [he  or  she]  THE

 A. 9505--C                         26
 
 DEFENDANT is not, the court may either issue such an order or commit the
 defendant to the custody of the sheriff IN ACCORDANCE WITH THIS SECTION.
   Where  the defendant is committed to the custody of the sheriff and is
 held on a felony complaint, a new period as provided in  section  180.80
 of  this  chapter shall commence to run from the time of the defendant's
 commitment under this subdivision.
   2. (a) Whenever in the course of a criminal  action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance, RELEASE  UNDER  NON-MONETARY  CONDI-
 TIONS  or  bail  issued pursuant to this article it shall be grounds for
 revoking such order that the court finds reasonable cause to believe the
 defendant committed one or more specified  class  A  or  violent  felony
 offenses  or  intimidated a victim or witness in violation of [sections]
 SECTION 215.15, 215.16 or 215.17 of the penal law while at liberty.
   (B) EXCEPT AS PROVIDED IN PARAGRAPH (A) OF  THIS  SUBDIVISION  OR  ANY
 OTHER  LAW,  WHENEVER IN THE COURSE OF A CRIMINAL ACTION OR PROCEEDING A
 DEFENDANT CHARGED WITH THE COMMISSION OF AN OFFENSE IS AT LIBERTY  AS  A
 RESULT  OF  AN  ORDER OF RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDI-
 TIONS OR BAIL ISSUED PURSUANT TO THIS ARTICLE IT SHALL  BE  GROUNDS  FOR
 REVOKING  SUCH ORDER AND FIXING BAIL IN SUCH CRIMINAL ACTION OR PROCEED-
 ING WHEN THE COURT HAS FOUND, BY CLEAR AND CONVINCING EVIDENCE, THAT THE
 DEFENDANT:
   (I) PERSISTENTLY WILLFULLY FAILED TO APPEAR AFTER NOTICE OF  SCHEDULED
 APPEARANCES IN THE CASE BEFORE THE COURT; OR
   (II)  VIOLATED  AN  ORDER  OF  PROTECTION  IN THE MANNER PROHIBITED BY
 SUBDIVISION (B), (C) OR (D) OF SECTION 215.51 OF THE PENAL LAW WHILE  AT
 LIBERTY; OR
   (III)  STANDS  CHARGED  IN  SUCH  CRIMINAL ACTION OR PROCEEDING WITH A
 MISDEMEANOR OR VIOLATION AND, AFTER  BEING  SO  CHARGED,  INTIMIDATED  A
 VICTIM  OR  WITNESS  IN VIOLATION OF SECTION 215.15, 215.16 OR 215.17 OF
 THE PENAL LAW WHILE AT LIBERTY; OR
   (IV) STANDS CHARGED IN SUCH ACTION OR PROCEEDING WITH  A  FELONY  AND,
 AFTER BEING SO CHARGED, COMMITTED A FELONY WHILE AT LIBERTY.
   (C)  Before revoking an order of recognizance, RELEASE UNDER NON-MONE-
 TARY CONDITIONS, or bail pursuant to this subdivision,  the  court  must
 hold  a  hearing and shall receive any relevant, admissible evidence not
 legally privileged. The defendant may cross-examine  witnesses  and  may
 present  relevant,  admissible  evidence on his own behalf. Such hearing
 may be consolidated with, and conducted at the same time  as,  a  felony
 hearing  conducted  pursuant to article one hundred eighty of this chap-
 ter. A transcript of testimony taken before the grand jury upon  presen-
 tation  of the subsequent offense shall be admissible as evidence during
 the hearing.  The district attorney may move  to  introduce  grand  jury
 testimony  of a witness in lieu of that witness' appearance at the hear-
 ing.
   [(b)] (D) Revocation of an order of recognizance, RELEASE  UNDER  NON-
 MONETARY  CONDITIONS  or  bail  and  A NEW SECURING ORDER FIXING BAIL OR
 commitment, AS SPECIFIED IN THIS PARAGRAPH AND pursuant to this subdivi-
 sion shall be for the following periods[, either]:
   (I) UNDER PARAGRAPH (A) OF THIS SUBDIVISION, REVOCATION OF  THE  ORDER
 OF  RECOGNIZANCE,  RELEASE UNDER NON-MONETARY CONDITIONS OR, AS THE CASE
 MAY BE, BAIL, AND A NEW SECURING ORDER FIXING  BAIL  OR  COMMITTING  THE
 DEFENDANT TO THE CUSTODY OF THE SHERIFF SHALL BE AS FOLLOWS:
   [(i)]  (A)  For  a  period  not to exceed ninety days exclusive of any
 periods of adjournment requested by the defendant; or

 A. 9505--C                         27
 
   [(ii)] (B) Until the charges contained within the  accusatory  instru-
 ment  have  been  reduced  or dismissed such that no count remains which
 charges the defendant with commission of a felony; or
   [(iii)]  (C)  Until  reduction  or  dismissal of the charges contained
 within the accusatory instrument charging the  subsequent  offense  such
 that  no  count remains which charges the defendant with commission of a
 class A or violent felony offense.
   Upon expiration of any of the  three  periods  specified  within  this
 [paragraph]  SUBPARAGRAPH, whichever is shortest, the court may grant or
 deny release upon an order of bail or recognizance  in  accordance  with
 the  provisions  of  this  article.  Upon  conviction  to an offense the
 provisions  of  article  five  hundred  thirty  of  this  chapter  shall
 apply[.]; AND
   [(c)]  (II) UNDER PARAGRAPH (B) OF THIS SUBDIVISION, REVOCATION OF THE
 ORDER OF RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS OR, AS  THE
 CASE  MAY  BE, BAIL SHALL RESULT IN THE ISSUANCE OF A NEW SECURING ORDER
 WHICH MAY, IF  OTHERWISE  AUTHORIZED  BY  LAW,  PERMIT  THE  PRINCIPAL'S
 RELEASE  ON  RECOGNIZANCE  OR RELEASE UNDER NON-MONETARY CONDITIONS, BUT
 SHALL ALSO RENDER THE  DEFENDANT  ELIGIBLE  FOR  AN  ORDER  FIXING  BAIL
 PROVIDED,  HOWEVER, THAT IN ACCORDANCE WITH THE PRINCIPLES IN THIS TITLE
 THE COURT MUST SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITION OR
 CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO  COURT.
 NOTHING  IN  THIS  SUBPARAGRAPH  SHALL  BE INTERPRETED AS SHORTENING THE
 PERIOD OF DETENTION, OR REQUIRING OR AUTHORIZING  ANY  LESS  RESTRICTIVE
 FORM  OF  A  SECURING  ORDER, WHICH MAY BE IMPOSED PURSUANT TO ANY OTHER
 LAW.
   (E) Notwithstanding the provisions of paragraph (a)  OR  (B)  of  this
 subdivision  a defendant, against whom a felony complaint has been filed
 which charges the defendant with commission of  a  class  A  or  violent
 felony  offense  OR VIOLATION OF SECTION 215.15, 215.16 OR 215.17 OF THE
 PENAL LAW committed while he was at liberty as specified therein, may be
 committed to the custody of the sheriff pending a revocation hearing for
 a period not to exceed seventy-two hours. An additional  period  not  to
 exceed seventy-two hours may be granted by the court upon application of
 the  district attorney upon a showing of good cause or where the failure
 to commence the hearing was due to the defendant's request  or  occurred
 with  his  consent. Such good cause must consist of some compelling fact
 or circumstance  which  precluded  conducting  the  hearing  within  the
 initial prescribed period.
   § 21. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by chapter 258 of the laws of 2015, is amended
 to read as follows:
   (a)  If  at any time during the defendant's participation in the judi-
 cial diversion program, the court has reasonable grounds to believe that
 the defendant has violated a release condition IN AN  IMPORTANT  RESPECT
 or  has  WILLFULLY  failed  to appear before the court as requested, the
 court EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION  510.50  OF  THIS
 CHAPTER  REGARDING  A  FAILURE  TO APPEAR, shall direct the defendant to
 appear or issue a bench warrant to a police officer  or  an  appropriate
 peace  officer  directing  him or her to take the defendant into custody
 and bring the defendant before  the  court  without  unnecessary  delay;
 provided,  however,  that  under  no circumstances shall a defendant who
 requires treatment for opioid abuse or  dependence  be  deemed  to  have
 violated a release condition on the basis of his or her participation in
 medically  prescribed  drug  treatments  under the care of a health care
 professional licensed or certified under title eight  of  the  education

 A. 9505--C                         28
 
 law,  acting  within  his or her lawful scope of practice.  The RELEVANT
 provisions of [subdivision one of] section 530.60 of this chapter relat-
 ing to [revocation of recognizance or bail] ISSUANCE OF SECURING  ORDERS
 shall apply to such proceedings under this subdivision.
   §  22.  The opening paragraph of section 240.44 of the criminal proce-
 dure law, as added by chapter 558 of the laws of  1982,  is  amended  to
 read as follows:
   Subject to a  protective order, at a pre-trial hearing held in a crim-
 inal  court at which a witness is called to testify, each party, [at the
 conclusion] PRIOR TO THE COMMENCEMENT of the direct examination of  each
 of its witnesses, shall, upon request of the other party, make available
 to that party to the extent not previously disclosed:
   §  23.  Section  410.60  of  the criminal procedure law, as amended by
 chapter 652 of the laws of 2008, is amended to read as follows:
 § 410.60 Appearance before court.
   A person who has been taken into custody pursuant to section 410.40 or
 section 410.50 of this  article  for  violation  of  a  condition  of  a
 sentence of probation or a sentence of conditional discharge must forth-
 with  be  brought  before  the  court that imposed the sentence. Where a
 violation of probation petition and report has been filed and the person
 has not been taken into custody  nor  has  a  warrant  been  issued,  an
 initial  court  appearance  shall  occur within ten business days of the
 court's issuance of a notice to appear.  If  the  court  has  reasonable
 cause  to  believe  that  such  person  has  violated a condition of the
 sentence, it may commit [him] SUCH PERSON to the custody of the  sheriff
 [or],  fix  bail,  RELEASE  SUCH PERSON UNDER NON-MONETARY CONDITIONS or
 release such person on [his] SUCH PERSON'S own recognizance  for  future
 appearance  at a hearing to be held in accordance with section 410.70 of
 this article. If the court does not have  reasonable  cause  to  believe
 that  such  person  has  violated  a  condition of the sentence, it must
 direct that [he] SUCH PERSON be released.
   § 24. Subdivision 3 of section 620.50 of the criminal procedure law is
 amended to read as follows:
   3. A material witness order must be executed as follows:
   (a)  If the bail is posted and approved  by  the  court,  the  witness
 must,  as  provided  in  subdivision  [three]  TWO of section 510.40, be
 released and be permitted to remain at liberty; provided that, where the
 bail is posted by a person other than the witness himself, he may not be
 so released except upon his signed written consent thereto;
   (b)  If the bail is not posted, or if though posted it is not approved
 by the court, the witness must, as provided in subdivision  [three]  TWO
 of section 510.40, be committed to the custody of the sheriff.
   §  25.  This act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART D

   Section 1. Article 240 of the criminal procedure law is REPEALED.
   § 2. The criminal procedure law is amended by adding a new article 245
 to read as follows:
                                ARTICLE 245
                                 DISCOVERY
 SECTION 245.10 TIMING OF DISCOVERY.
         245.20 AUTOMATIC DISCOVERY.
         245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
         245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.

 A. 9505--C                         29
 
         245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
         245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
         245.45 DNA COMPARISON ORDER.
         245.50 CERTIFICATES OF COMPLIANCE.
         245.55 FLOW OF INFORMATION.
         245.60 CONTINUING DUTY TO DISCLOSE.
         245.65 WORK PRODUCT.
         245.70 PROTECTIVE ORDERS.
         245.75 WAIVER OF DISCOVERY BY DEFENDANT.
         245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
         245.85 ADMISSIBILITY OF DISCOVERY.
 § 245.10 TIMING OF DISCOVERY.
   1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
 PERFORM  ITS  INITIAL    DISCOVERY  OBLIGATIONS UNDER SUBDIVISION ONE OF
 SECTION 245.20 OF THIS ARTICLE AS SOON AS   PRACTICABLE  BUT  NOT  LATER
 THAN  FIFTEEN  CALENDAR  DAYS  AFTER  THE  DEFENDANT'S ARRAIGNMENT ON AN
 INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
 MATION, OR SIMPLIFIED INFORMATION. PORTIONS OF MATERIALS CLAIMED  TO  BE
 NON-DISCOVERABLE  MAY  BE WITHHELD PENDING A DETERMINATION AND RULING OF
 THE COURT UNDER SECTION 245.70 OF THIS ARTICLE; BUT THE DEFENDANT  SHALL
 BE  NOTIFIED  IN WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED UNDER A
 PARTICULAR SUBDIVISION OF SUCH SECTION, AND THE DISCOVERABLE PORTIONS OF
 SUCH MATERIALS SHALL BE DISCLOSED IF PRACTICABLE. WHEN THE  DISCOVERABLE
 MATERIALS  ARE  EXCEPTIONALLY  VOLUMINOUS, THE TIME PERIOD IN THIS PARA-
 GRAPH MAY BE STAYED BY UP TO AN ADDITIONAL THIRTY CALENDAR DAYS  WITHOUT
 NEED FOR A MOTION PURSUANT TO  SUBDIVISION TWO OF SECTION 245.70 OF THIS
 ARTICLE.
   (B)  THE  PROSECUTION  SHALL  PERFORM ITS SUPPLEMENTAL DISCOVERY OBLI-
 GATIONS UNDER SUBDIVISION THREE OF SECTION 245.20  OF  THIS  ARTICLE  AS
 SOON  AS  PRACTICABLE  BUT  NOT  LATER THAN FIFTEEN CALENDAR DAYS BEFORE
 TRIAL.
   (C) UPON TIMELY DEFENSE REQUEST, THE PROSECUTION SHALL DISCLOSE  MATE-
 RIALS  UNDER  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 245.20 OF THIS
 ARTICLE TO ANY DEFENDANT WHO HAS BEEN  ARRAIGNED  IN  A  LOCAL  CRIMINAL
 COURT  UPON  A  CURRENTLY  UNDISPOSED  OF  FELONY  COMPLAINT CHARGING AN
 OFFENSE WHICH IS A SUBJECT  OF  A  PROSPECTIVE  OR  PENDING  GRAND  JURY
 PROCEEDING,  NO  LATER  THAN FORTY-EIGHT HOURS BEFORE THE TIME SCHEDULED
 FOR THE DEFENDANT TO TESTIFY AT A  GRAND  JURY  PROCEEDING  PURSUANT  TO
 SUBDIVISION FIVE OF SECTION 190.50 OF THIS PART.
   2. DEFENDANT'S PERFORMANCE OF OBLIGATIONS. THE DEFENDANT SHALL PERFORM
 HIS  OR  HER  DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION FOUR OF SECTION
 245.20 OF THIS ARTICLE NOT LATER THAN THIRTY CALENDAR DAYS  AFTER  BEING
 SERVED  WITH  THE  PROSECUTION'S  CERTIFICATE  OF COMPLIANCE PURSUANT TO
 SUBDIVISION ONE OF SECTION 245.50 OF THIS ARTICLE, EXCEPT THAT  PORTIONS
 OF  MATERIALS  CLAIMED  TO BE NON-DISCOVERABLE MAY BE WITHHELD PENDING A
 DETERMINATION AND RULING OF THE COURT UNDER SECTION 245.70 OF THIS ARTI-
 CLE; BUT THE PROSECUTION MUST BE NOTIFIED IN  WRITING  THAT  INFORMATION
 HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SECTION.
 § 245.20 AUTOMATIC DISCOVERY.
   1. INITIAL DISCOVERY FOR THE DEFENDANT. THE PROSECUTION SHALL DISCLOSE
 TO THE DEFENDANT, AND PERMIT THE DEFENDANT TO DISCOVER, INSPECT, COPY OR
 PHOTOGRAPH,  EACH OF THE FOLLOWING ITEMS AND INFORMATION WHEN IT RELATES
 TO THE SUBJECT MATTER OF THE CASE AND IS IN THE POSSESSION,  CUSTODY  OR
 CONTROL  OF THE PROSECUTION OR PERSONS UNDER THE PROSECUTION'S DIRECTION
 OR CONTROL:

 A. 9505--C                         30
 
   (A) ALL WRITTEN OR RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL  ORAL
 STATEMENTS,  MADE BY THE DEFENDANT OR A CO-DEFENDANT TO A PUBLIC SERVANT
 ENGAGED IN LAW ENFORCEMENT ACTIVITY OR TO A PERSON THEN ACTING UNDER HIS
 OR HER DIRECTION OR IN COOPERATION WITH HIM OR HER,  OTHER  THAN  STATE-
 MENTS MADE IN THE COURSE OF THE CRIMINAL TRANSACTION.
   (B)  ALL  TRANSCRIPTS  OF  THE TESTIMONY OF A PERSON WHO HAS TESTIFIED
 BEFORE A GRAND JURY, INCLUDING BUT NOT LIMITED TO  THE  DEFENDANT  OR  A
 CO-DEFENDANT. IF IN THE EXERCISE OF REASONABLE DILIGENCE, AND DUE TO THE
 LIMITED   AVAILABILITY  OF  TRANSCRIPTION  RESOURCES,  A  TRANSCRIPT  IS
 UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN  SUBDIVI-
 SION  ONE  OF  SECTION  245.10  OF THIS ARTICLE, SUCH TIME PERIOD MAY BE
 STAYED BY UP TO AN ADDITIONAL THIRTY CALENDAR DAYS WITHOUT  NEED  FOR  A
 MOTION  PURSUANT  TO  SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTICLE;
 EXCEPT THAT SUCH DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT
 LATER THAN THIRTY CALENDAR DAYS BEFORE A SCHEDULED   TRIAL DATE,  UNLESS
 AN  ORDER  IS  OBTAINED PURSUANT TO SECTION 245.70 OF THIS ARTICLE. WHEN
 THE COURT IS  REQUIRED TO REVIEW GRAND JURY TRANSCRIPTS, THE PROSECUTION
 SHALL DISCLOSE SUCH TRANSCRIPTS TO THE COURT EXPEDITIOUSLY UPON  RECEIPT
 BY THE PROSECUTOR, NOTWITHSTANDING THE OTHERWISE-APPLICABLE TIME PERIODS
 FOR DISCLOSURE IN THIS ARTICLE.
   (C) THE NAMES OF, AND ADDRESSES OR ADEQUATE ALTERNATIVE CONTACT INFOR-
 MATION  FOR, ALL   PERSONS OTHER THAN LAW ENFORCEMENT PERSONNEL WHOM THE
 PROSECUTOR KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE
 CHARGED OR TO A POTENTIAL DEFENSE THERETO, INCLUDING  A  DESIGNATION  BY
 THE  PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED AS WITNESSES.
 INFORMATION UNDER THIS SUBDIVISION RELATING TO A CONFIDENTIAL  INFORMANT
 MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITHOUT NEED FOR
 A  MOTION  PURSUANT TO SECTION 245.70 OF THIS ARTICLE; BUT THE DEFENDANT
 SHALL BE  NOTIFIED  IN  WRITING  THAT  SUCH  INFORMATION  HAS  NOT  BEEN
 DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
   (D)  THE  NAME  AND  WORK AFFILIATION OF ALL LAW ENFORCEMENT PERSONNEL
 WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE OR  INFORMATION  RELEVANT  TO
 ANY  OFFENSE  CHARGED  OR  TO A POTENTIAL DEFENSE   THERETO, INCLUDING A
 DESIGNATION BY THE PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED
 AS  WITNESSES. INFORMATION UNDER THIS SUBDIVISION RELATING TO UNDERCOVER
 PERSONNEL MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS,  WITH-
 OUT  NEED  FOR  A MOTION PURSUANT TO SECTION 245.70 OF THIS ARTICLE; BUT
 THE DEFENDANT SHALL BE NOTIFIED IN WRITING THAT SUCH INFORMATION HAS NOT
 BEEN DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
   (E) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
 OR  RECORDING, MADE BY PERSONS WHO HAVE EVIDENCE OR INFORMATION RELEVANT
 TO ANY OFFENSE CHARGED OR TO A POTENTIAL  DEFENSE THERETO, INCLUDING ALL
 POLICE REPORTS AND LAW ENFORCEMENT AGENCY REPORTS.  THIS PROVISION  ALSO
 INCLUDES STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
 RECORDING, BY PERSONS TO BE CALLED AS WITNESSES AT PRE-TRIAL HEARINGS.
   (F)  EXPERT  OPINION  EVIDENCE,  INCLUDING THE NAME, BUSINESS ADDRESS,
 CURRENT CURRICULUM  VITAE, AND A LIST OF  PUBLICATIONS  OF  EACH  EXPERT
 WITNESS  WHOM  THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL OR A
 PRE-TRIAL HEARING, AND ALL REPORTS PREPARED BY THE EXPERT  THAT  PERTAIN
 TO  THE  CASE,  OR  IF NO REPORT IS PREPARED, A WRITTEN STATEMENT OF THE
 FACTS AND OPINIONS TO WHICH THE EXPERT IS  EXPECTED  TO  TESTIFY  AND  A
 SUMMARY  OF  THE GROUNDS FOR EACH OPINION. THIS PARAGRAPH DOES NOT ALTER
 OR IN ANY WAY AFFECT THE PROCEDURES, OBLIGATIONS OR RIGHTS SET FORTH  IN
 SECTION  250.10  OF THIS   TITLE. IF IN THE EXERCISE OF REASONABLE DILI-
 GENCE THIS INFORMATION IS UNAVAILABLE FOR  DISCLOSURE  WITHIN  THE  TIME
 PERIOD  SPECIFIED  IN SUBDIVISION ONE OF SECTION 245.10 OF THIS ARTICLE,

 A. 9505--C                         31
 
 THAT PERIOD   SHALL BE STAYED WITHOUT NEED  FOR  A  MOTION  PURSUANT  TO
 SUBDIVISION  TWO  OF  SECTION  245.70 OF THIS   ARTICLE; EXCEPT THAT THE
 DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN SIXTY
 CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN ORDER IS OBTAINED
 PURSUANT  TO  SECTION  245.70  OF  THIS  ARTICLE. WHEN THE PROSECUTION'S
 EXPERT WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE  OF  AN  EXPERT
 WITNESS  BY THE DEFENDANT, THE COURT SHALL ALTER A SCHEDULED TRIAL DATE,
 IF NECESSARY, TO  ALLOW THE PROSECUTION THIRTY CALENDAR DAYS TO MAKE THE
 DISCLOSURE AND THE DEFENDANT THIRTY CALENDAR DAYS TO PREPARE AND RESPOND
 TO THE NEW MATERIALS.
   (G) ALL TAPES OR OTHER ELECTRONIC  RECORDINGS  WHICH  THE  PROSECUTION
 INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
   (H) ALL PHOTOGRAPHS AND DRAWINGS MADE OR COMPLETED BY A PUBLIC SERVANT
 ENGAGED  IN  LAW    ENFORCEMENT ACTIVITY, OR WHICH WERE MADE BY A PERSON
 WHOM THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL
 HEARING, OR WHICH THE PROSECUTION INTENDS TO INTRODUCE  AT  TRIAL  OR  A
 PRE-TRIAL HEARING.
   (I)  ALL  PHOTOGRAPHS, PHOTOCOPIES AND REPRODUCTIONS MADE BY OR AT THE
 DIRECTION OF LAW ENFORCEMENT PERSONNEL OF  ANY  PROPERTY  PRIOR  TO  ITS
 RELEASE PURSUANT TO SECTION 450.10 OF THE PENAL  LAW.
   (J)  ALL REPORTS, DOCUMENTS, DATA, CALCULATIONS OR WRITINGS, INCLUDING
 BUT NOT LIMITED TO   PRELIMINARY TESTS OR SCREENING  RESULTS  AND  BENCH
 NOTES,  CONCERNING PHYSICAL OR MENTAL  EXAMINATIONS, OR SCIENTIFIC TESTS
 OR EXPERIMENTS OR COMPARISONS, AND  ANALYSES  PERFORMED  ELECTRONICALLY,
 RELATING  TO  THE CRIMINAL ACTION OR PROCEEDING WHICH WERE MADE BY OR AT
 THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN LAW  ENFORCEMENT
 ACTIVITY,  OR WHICH WERE MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO
 CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL HEARING, OR WHICH  THE  PROSE-
 CUTION INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
   (K)  ALL  EVIDENCE  AND  INFORMATION, INCLUDING THAT WHICH IS KNOWN TO
 POLICE OR OTHER LAW ENFORCEMENT  AGENCIES  ACTING  ON  THE  GOVERNMENT'S
 BEHALF  IN  THE CASE, THAT TENDS TO: (I) NEGATE THE DEFENDANT'S GUILT AS
 TO A CHARGED OFFENSE; (II) REDUCE THE DEGREE OF OR MITIGATE THE  DEFEND-
 ANT'S    CULPABILITY  AS TO A CHARGED OFFENSE; (III) SUPPORT A POTENTIAL
 DEFENSE TO A CHARGED OFFENSE; (IV)  IMPEACH THE CREDIBILITY OF A  TESTI-
 FYING  PROSECUTION  WITNESS;  (V)  UNDERMINE EVIDENCE OF THE DEFENDANT'S
 IDENTITY AS A PERPETRATOR OF A CHARGED OFFENSE; (VI) PROVIDE A BASIS FOR
 A MOTION TO  SUPPRESS EVIDENCE; OR (VII) MITIGATE  PUNISHMENT.  INFORMA-
 TION  UNDER  THIS  SUBDIVISION  SHALL  BE  DISCLOSED WHETHER OR NOT SUCH
 INFORMATION IS RECORDED IN TANGIBLE FORM AND IRRESPECTIVE OF WHETHER THE
 PROSECUTOR CREDITS THE INFORMATION. THE PROSECUTOR  SHALL  DISCLOSE  THE
 INFORMATION  EXPEDITIOUSLY  UPON ITS RECEIPT AND SHALL NOT DELAY DISCLO-
 SURE IF IT IS OBTAINED EARLIER THAN THE TIME PERIOD  FOR  DISCLOSURE  IN
 SUBDIVISION ONE OF SECTION 245.10 OF THIS ARTICLE.
   (L)  A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO, OR IN
 FAVOR OF, PERSONS WHO MAY BE CALLED AS WITNESSES, AS  WELL  AS  REQUESTS
 FOR  CONSIDERATION BY PERSONS WHO MAY BE CALLED AS  WITNESSES AND COPIES
 OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT.
   (M) A LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM,  OR  ALLEGEDLY
 POSSESSED BY, THE DEFENDANT  OR A CO-DEFENDANT. THE LIST SHALL INCLUDE A
 DESIGNATION  BY  THE  PROSECUTOR  AS TO WHICH OBJECTS WERE PHYSICALLY OR
 CONSTRUCTIVELY POSSESSED BY THE DEFENDANT AND WERE  RECOVERED  DURING  A
 SEARCH  OR  SEIZURE  BY  A PUBLIC SERVANT OR AN AGENT THEREOF, AND WHICH
 TANGIBLE OBJECTS WERE RECOVERED BY A  PUBLIC SERVANT OR AN AGENT THEREOF
 AFTER ALLEGEDLY BEING ABANDONED BY THE  DEFENDANT.  IF  THE  PROSECUTION
 INTENDS  TO  PROVE THE DEFENDANT'S POSSESSION OF ANY TANGIBLE OBJECTS BY

 A. 9505--C                         32
 
 MEANS OF A STATUTORY PRESUMPTION OF POSSESSION, IT SHALL DESIGNATE  SUCH
 INTENTION  AS TO EACH SUCH OBJECT. IF REASONABLY PRACTICABLE, THE PROSE-
 CUTION SHALL ALSO DESIGNATE THE LOCATION FROM WHICH EACH TANGIBLE OBJECT
 WAS  RECOVERED.   THERE IS ALSO A RIGHT TO INSPECT OR COPY OR PHOTOGRAPH
 THE LISTED TANGIBLE OBJECTS.
   (N) WHETHER A SEARCH WARRANT  HAS  BEEN  EXECUTED  AND  ALL  DOCUMENTS
 RELATING  THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE WARRANT
 APPLICATION, SUPPORTING AFFIDAVITS, A POLICE INVENTORY OF  ALL  PROPERTY
 SEIZED  UNDER  THE  WARRANT,  AND A TRANSCRIPT OF ALL TESTIMONY OR OTHER
 ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION.
   (O) ALL TANGIBLE PROPERTY THAT THE PROSECUTION INTENDS TO INTRODUCE IN
 ITS CASE-IN-CHIEF AT TRIAL OR A PRE-TRIAL HEARING. IF IN THE EXERCISE OF
 REASONABLE DILIGENCE THE PROSECUTOR HAS NOT FORMED AN  INTENTION  WITHIN
 THE  TIME  PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10 OF THIS
 ARTICLE THAT AN ITEM UNDER THIS SUBDIVISION WILL BE INTRODUCED AT  TRIAL
 OR  A  PRE-TRIAL  HEARING, SUCH TIME PERIOD SHALL BE STAYED WITHOUT NEED
 FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTI-
 CLE; BUT THE DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND SUBJECT
 TO THE CONTINUING DUTY TO DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
   (P) THE RESULTS OF COMPLETE CRIMINAL HISTORY  RECORD  CHECKS  FOR  ALL
 DEFENDANTS AND ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION WITNESSES
 PURSUANT  TO  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  OTHER  THAN  THOSE
 WITNESSES WHO ARE EXPERTS.
   (Q) WHEN IT IS KNOWN TO THE PROSECUTION, THE EXISTENCE OF ANY  PENDING
 CRIMINAL  ACTION AGAINST ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION
 WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   (R) THE APPROXIMATE DATE, TIME AND PLACE OF THE  OFFENSE  OR  OFFENSES
 CHARGED AND OF THE DEFENDANT'S SEIZURE AND ARREST.
   (S) IN ANY PROSECUTION ALLEGING A VIOLATION OF THE VEHICLE AND TRAFFIC
 LAW, WHERE THE DEFENDANT IS CHARGED BY INDICTMENT, SUPERIOR COURT INFOR-
 MATION,  PROSECUTOR'S  INFORMATION,  INFORMATION, OR SIMPLIFIED INFORMA-
 TION, THE MOST RECENT RECORD OF INSPECTION, CALIBRATION  AND  REPAIR  OF
 MACHINES  AND  INSTRUMENTS  UTILIZED TO PERFORM ANY SCIENTIFIC TESTS AND
 EXPERIMENTS AND THE CERTIFICATION CERTIFICATE, IF ANY, HELD BY THE OPER-
 ATOR OF THE MACHINE OR INSTRUMENT, AND ALL   OTHER DISCLOSURES  REQUIRED
 UNDER THIS ARTICLE.
   (T)  IN  ANY  PROSECUTION  ALLEGING  A  VIOLATION OF SECTION 156.05 OR
 156.10 OF THE PENAL LAW, THE  TIME,  PLACE  AND  MANNER  SUCH  VIOLATION
 OCCURRED.
   2.  DISCOVERY  BY THE PROSECUTION.   THE PROSECUTOR SHALL MAKE A DILI-
 GENT, GOOD FAITH EFFORT TO ASCERTAIN THE EXISTENCE OF MATERIAL OR INFOR-
 MATION DISCOVERABLE UNDER SUBDIVISION ONE OF THIS SECTION AND  TO  CAUSE
 SUCH    MATERIAL OR INFORMATION TO BE MADE AVAILABLE FOR DISCOVERY WHERE
 IT EXISTS BUT IS NOT WITHIN  THE  PROSECUTOR'S  POSSESSION,  CUSTODY  OR
 CONTROL; PROVIDED THAT THE PROSECUTOR SHALL NOT BE REQUIRED TO OBTAIN BY
 SUBPOENA  DUCES  TECUM  MATERIAL  OR INFORMATION WHICH THE DEFENDANT MAY
 THEREBY OBTAIN. THIS PROVISION  SHALL  NOT  REQUIRE  THE  PROSECUTOR  TO
 ASCERTAIN  THE EXISTENCE OF WITNESSES NOT KNOWN TO POLICE OR ANOTHER LAW
 ENFORCEMENT AGENCY, OR THE WRITTEN OR RECORDED STATEMENTS THEREOF, UNDER
 PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
   3. SUPPLEMENTAL DISCOVERY FOR THE  DEFENDANT.  THE  PROSECUTION  SHALL
 DISCLOSE  TO THE DEFENDANT A LIST OF ALL MISCONDUCT AND CRIMINAL ACTS OF
 THE DEFENDANT NOT CHARGED IN THE INDICTMENT, SUPERIOR COURT INFORMATION,
 PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION,  WHICH
 THE  PROSECUTION  INTENDS TO USE AT TRIAL FOR PURPOSES OF (A) IMPEACHING
 THE CREDIBILITY OF THE DEFENDANT, OR (B) AS  SUBSTANTIVE  PROOF  OF  ANY

 A. 9505--C                         33

 MATERIAL  ISSUE IN THE CASE. IN ADDITION THE PROSECUTION SHALL DESIGNATE
 WHETHER IT INTENDS TO USE EACH LISTED  ACT  FOR  IMPEACHMENT  AND/OR  AS
 SUBSTANTIVE PROOF.
   4.  RECIPROCAL DISCOVERY FOR THE PROSECUTION. (A) THE DEFENDANT SHALL,
 SUBJECT TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PROSECUTION,  AND
 PERMIT  THE  PROSECUTION  TO  DISCOVER, INSPECT, COPY OR PHOTOGRAPH, ANY
 MATERIAL AND RELEVANT EVIDENCE WITHIN THE DEFENDANT'S OR COUNSEL FOR THE
 DEFENDANT'S POSSESSION OR CONTROL THAT IS DISCOVERABLE UNDER  PARAGRAPHS
 (F),  (G),  (H),  (J),  (1)  AND (O) OF SUBDIVISION ONE OF THIS SECTION,
 WHICH THE DEFENDANT INTENDS TO OFFER AT TRIAL  OR A  PRE-TRIAL  HEARING,
 AND  THE  NAMES,  ADDRESSES, BIRTH DATES, AND ALL STATEMENTS, WRITTEN OR
 RECORDED OR SUMMARIZED IN ANY WRITING OR  RECORDING,  OF  THOSE  PERSONS
 OTHER THAN THE DEFENDANT WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES
 AT TRIAL OR A PRE-TRIAL HEARING.
   (B)  DISCLOSURE  OF THE NAME, ADDRESS, BIRTH DATE, AND ALL STATEMENTS,
 WRITTEN OR RECORDED OR SUMMARIZED IN ANY  WRITING  OR  RECORDING,  OF  A
 PERSON  WHOM  THE  DEFENDANT  INTENDS  TO CALL AS A WITNESS FOR THE SOLE
 PURPOSE OF IMPEACHING A PROSECUTION WITNESS IS NOT REQUIRED UNTIL  AFTER
 THE PROSECUTION WITNESS HAS TESTIFIED AT TRIAL.
   (C)  IF  IN  THE  EXERCISE  OF  REASONABLE  DILIGENCE THE RECIPROCALLY
 DISCOVERABLE INFORMATION  UNDER PARAGRAPH (F) OR (O) OF SUBDIVISION  ONE
 OF  THIS  SECTION  IS UNAVAILABLE FOR DISCLOSURE WITHIN  THE TIME PERIOD
 SPECIFIED IN SUBDIVISION TWO OF SECTION 245.10  OF  THIS  ARTICLE,  SUCH
 TIME PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDI-
 VISION  TWO OF SECTION 245.70 OF THIS  ARTICLE; BUT THE DISCLOSURE SHALL
 BE MADE AS SOON AS PRACTICABLE AND SUBJECT TO  THE  CONTINUING  DUTY  TO
 DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
   5. STAY OF AUTOMATIC DISCOVERY; REMEDIES AND SANCTIONS. SECTION 245.10
 AND  SUBDIVISIONS    ONE, TWO, THREE AND FOUR OF THIS SECTION SHALL HAVE
 THE FORCE AND EFFECT OF A COURT ORDER, AND FAILURE TO PROVIDE  DISCOVERY
 PURSUANT TO SUCH SECTION OR SUBDIVISION MAY RESULT IN APPLICATION OF ANY
 REMEDIES  OR  SANCTIONS  PERMITTED FOR NON-COMPLIANCE WITH A COURT ORDER
 UNDER SECTION 245.80 OF THIS ARTICLE. HOWEVER, IF  IN  THE  JUDGMENT  OF
 EITHER  PARTY GOOD CAUSE EXISTS FOR DECLINING TO MAKE ANY OF THE DISCLO-
 SURES SET FORTH ABOVE, SUCH PARTY MAY MOVE FOR A PROTECTIVE ORDER PURSU-
 ANT TO SECTION 245.70 OF THIS ARTICLE AND PRODUCTION OF THE  ITEM  SHALL
 BE  STAYED  PENDING  A  RULING BY THE COURT. THE OPPOSING PARTY SHALL BE
 NOTIFIED IN WRITING THAT INFORMATION HAS NOT   BEEN  DISCLOSED  UNDER  A
 PARTICULAR  SECTION.  WHEN  SOME  PARTS  OF  MATERIAL OR INFORMATION ARE
 DISCOVERABLE BUT IN THE JUDGMENT  OF  A  PARTY  GOOD  CAUSE  EXISTS  FOR
 DECLINING  TO  DISCLOSE  OTHER  PARTS,  THE  DISCOVERABLE PARTS SHALL BE
 DISCLOSED AND THE DISCLOSING PARTY SHALL GIVE NOTICE IN    WRITING  THAT
 NON-DISCOVERABLE PARTS HAVE BEEN WITHHELD.
   6.  REDACTIONS  PERMITTED.  EITHER  PARTY  MAY  REDACT SOCIAL SECURITY
 NUMBERS AND TAX NUMBERS FROM DISCLOSURES UNDER THIS ARTICLE.
 § 245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
   1. PRE-INDICTMENT GUILTY PLEAS. UPON A  FELONY  COMPLAINT,  WHERE  THE
 PROSECUTION HAS MADE A PRE-INDICTMENT GUILTY PLEA OFFER REQUIRING A PLEA
 TO  A CRIME, THE DEFENDANT SHALL HAVE THE RIGHT  UPON TIMELY REQUEST AND
 REASONABLE NOTICE TO THE PROSECUTION TO INSPECT ANY AVAILABLE POLICE  OR
 OTHER  LAW  ENFORCEMENT  AGENCY REPORT OF A FACTUAL NATURE REGARDING THE
 ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY DESIGNATED AND AVAIL-
 ABLE ITEMS OR INFORMATION THAT COULD BE OF MATERIAL   IMPORTANCE TO  THE
 DECISION  ON  THE  GUILTY  PLEA OFFER AND WOULD BE DISCOVERABLE PRIOR TO
 TRIAL UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE. THE PROS-
 ECUTION SHALL DISCLOSE THE REQUESTED AND  DESIGNATED ITEMS  OR  INFORMA-

 A. 9505--C                         34
 
 TION,  AS  WELL AS ANY KNOWN INFORMATION THAT TENDS TO BE EXCULPATORY OR
 TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS THAN THREE  CALENDAR
 DAYS PRIOR TO THE EXPIRATION DATE OF ANY GUILTY PLEA OFFER BY THE PROSE-
 CUTION  OR ANY DEADLINE IMPOSED BY THE COURT FOR ACCEPTANCE OF A NEGOTI-
 ATED GUILTY PLEA OFFER.  IF THE PROSECUTION DOES NOT COMPLY WITH A PROP-
 ER REQUEST MADE PURSUANT TO  THIS    SUBDIVISION,  THE  COURT  MAY  TAKE
 APPROPRIATE ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE, INCLUDING
 ALLOWING A GUILTY PLEA TO THE ORIGINAL GUILTY PLEA OFFER NOTWITHSTANDING
 OTHER  PROVISIONS    OF  THIS  CHAPTER. THE INSPECTION RIGHTS UNDER THIS
 SUBDIVISION DO NOT APPLY TO ITEMS OR INFORMATION THAT ARE THE SUBJECT OF
 A PROTECTIVE ORDER UNDER SECTION 245.70 OF THIS  ARTICLE;  BUT  IF  SUCH
 INFORMATION  TENDS  TO  BE  EXCULPATORY,  THE COURT SHALL RECONSIDER THE
 PROTECTIVE ORDER. THE COURT MAY DENY  AN  INSPECTION  RIGHT  UNDER  THIS
 SUBDIVISION  WHEN  A REASONABLE PERSON IN THE DEFENDANT'S POSITION WOULD
 NOT CONSIDER THE REQUESTED AND DESIGNATED ITEM OR INFORMATION TO  BE  OF
 MATERIAL  IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER. A DEFEND-
 ANT MAY WAIVE HIS OR HER RIGHTS UNDER THIS  SUBDIVISION;  BUT  A  GUILTY
 PLEA OFFER MAY NOT BE CONDITIONED ON SUCH WAIVER.
   2. OTHER GUILTY PLEAS. UPON AN INDICTMENT, SUPERIOR COURT INFORMATION,
 PROSECUTOR'S    INFORMATION,  INFORMATION,  SIMPLIFIED  INFORMATION,  OR
 MISDEMEANOR COMPLAINT, WHERE THE PROSECUTION  HAS  MADE  A  GUILTY  PLEA
 OFFER  REQUIRING  A  PLEA TO A CRIME, THE DEFENDANT SHALL HAVE THE RIGHT
 UPON TIMELY REQUEST AND REASONABLE NOTICE TO THE PROSECUTION TO  INSPECT
 ANY AVAILABLE POLICE OR OTHER LAW ENFORCEMENT AGENCY REPORT OF A FACTUAL
 NATURE  REGARDING THE ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY
 DESIGNATED AND AVAILABLE ITEMS OR INFORMATION THAT COULD BE OF  MATERIAL
 IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER AND WOULD BE DISCOV-
 ERABLE  PRIOR  TO  TRIAL UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS
 ARTICLE. THE PROSECUTION SHALL DISCLOSE  THE  REQUESTED  AND  DESIGNATED
 ITEMS  OR INFORMATION, AS WELL AS ANY KNOWN INFORMATION THAT TENDS TO BE
 EXCULPATORY OR TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS  THAN
 SEVEN  CALENDAR  DAYS  PRIOR  TO  THE EXPIRATION DATE OF ANY GUILTY PLEA
 OFFER BY THE PROSECUTION OR ANY DEADLINE IMPOSED  BY  THE  COURT  FOR  A
 GUILTY  PLEA.  IF  THE PROSECUTION DOES NOT COMPLY WITH A PROPER REQUEST
 MADE PURSUANT TO THIS SUBDIVISION, THE GUILTY PLEA OFFER MAY  BE  DEEMED
 AVAILABLE  TO  THE  DEFENDANT UNTIL SEVEN CALENDAR DAYS AFTER THE PROSE-
 CUTION HAS MADE THE DISCLOSURE OR THE COURT MAY TAKE  OTHER  APPROPRIATE
 ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE. THE INSPECTION RIGHTS
 UNDER THIS SUBDIVISION DO NOT APPLY TO ITEMS OR INFORMATION THAT ARE THE
 SUBJECT  OF A PROTECTIVE ORDER UNDER SECTION 245.70 OF THIS ARTICLE; BUT
 IF SUCH INFORMATION TENDS TO BE EXCULPATORY, THE COURT SHALL  RECONSIDER
 THE  PROTECTIVE ORDER. THE COURT MAY DENY AN INSPECTION RIGHT UNDER THIS
 SUBDIVISION  WHEN  A REASONABLE PERSON IN THE DEFENDANT'S POSITION WOULD
 NOT CONSIDER THE REQUESTED AND DESIGNATED ITEM OR INFORMATION TO  BE  OF
 MATERIAL  IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER. A DEFEND-
 ANT MAY WAIVE HIS OR HER RIGHTS UNDER THIS  SUBDIVISION,  BUT  A  GUILTY
 PLEA OFFER MAY NOT BE CONDITIONED ON SUCH WAIVER.
 § 245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
   1.  ORDER  TO  PRESERVE  EVIDENCE. AT ANY TIME, A PARTY MAY MOVE FOR A
 COURT ORDER TO ANY INDIVIDUAL, AGENCY OR  OTHER  ENTITY  IN  POSSESSION,
 CUSTODY  OR  CONTROL  OF ITEMS WHICH RELATE TO THE SUBJECT MATTER OF THE
 CASE OR ARE OTHERWISE RELEVANT, REQUIRING THAT SUCH ITEMS  BE  PRESERVED
 FOR  A SPECIFIED PERIOD OF TIME. THE COURT SHALL HEAR AND RULE UPON SUCH
 MOTIONS EXPEDITIOUSLY. THE  COURT MAY MODIFY OR  VACATE  SUCH  AN  ORDER
 UPON  A  SHOWING  THAT  PRESERVATION  OF PARTICULAR EVIDENCE WILL CREATE

 A. 9505--C                         35

 SIGNIFICANT HARDSHIP, ON CONDITION THAT  THE  PROBATIVE  VALUE  OF  THAT
 EVIDENCE IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
   2.  ORDER  TO GRANT ACCESS TO PREMISES. AT ANY TIME, THE DEFENDANT MAY
 MOVE FOR A COURT ORDER TO ANY INDIVIDUAL,  AGENCY  OR  OTHER  ENTITY  IN
 POSSESSION,  CUSTODY  OR CONTROL OF A CRIME SCENE OR OTHER PREMISES THAT
 RELATES TO THE SUBJECT MATTER OF THE  CASE  OR  IS  OTHERWISE  RELEVANT,
 REQUIRING  THAT  COUNSEL FOR THE DEFENDANT BE GRANTED PROMPT AND REASON-
 ABLE ACCESS TO INSPECT, PHOTOGRAPH OR MEASURE SUCH CRIME SCENE OR  PREM-
 ISES,  AND  THAT  THE  CONDITION  OF  THE CRIME SCENE OR PREMISES REMAIN
 UNCHANGED IN THE INTERIM. THE  COURT  SHALL  HEAR  AND  RULE  UPON  SUCH
 MOTIONS  EXPEDITIOUSLY.    THE  COURT MAY MODIFY OR VACATE SUCH AN ORDER
 UPON A SHOWING THAT GRANTING ACCESS TO A PARTICULAR CRIME SCENE OR PREM-
 ISES WILL CREATE SIGNIFICANT HARDSHIP, ON CONDITION THAT THE   PROBATIVE
 VALUE OF SUCH LOCATION IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
   3.  DISCRETIONARY  DISCOVERY  BY  ORDER OF THE COURT. THE COURT IN ITS
 DISCRETION MAY, UPON A SHOWING BY THE  DEFENDANT  THAT  THE  REQUEST  IS
 REASONABLE  AND  THAT  THE DEFENDANT IS UNABLE WITHOUT UNDUE HARDSHIP TO
 OBTAIN THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE PROSECUTION,
 OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT TO THE JURISDICTION OF
 THE COURT, TO MAKE AVAILABLE FOR DISCLOSURE TO THE DEFENDANT ANY MATERI-
 AL OR INFORMATION WHICH POTENTIALLY RELATES TO THE SUBJECT MATTER OF THE
 CASE AND IS REASONABLY LIKELY TO BE MATERIAL. A MOTION UNDER THIS SUBDI-
 VISION MUST  BE ON NOTICE TO ANY PERSON OR ENTITY AFFECTED BY THE ORDER.
 THE COURT MAY, UPON REQUEST OF ANY PERSON  OR  ENTITY  AFFECTED  BY  THE
 ORDER, MODIFY OR VACATE THE ORDER IF COMPLIANCE WOULD BE UNREASONABLE OR
 WILL  CREATE  SIGNIFICANT HARDSHIP. THE COURT MAY PERMIT A PARTY SEEKING
 OR OPPOSING A DISCRETIONARY ORDER OF DISCOVERY UNDER  THIS  SUBDIVISION,
 OR ANOTHER AFFECTED PERSON OR ENTITY, TO SUBMIT PAPERS OR TESTIFY ON THE
 RECORD  EX  PARTE OR IN CAMERA. ANY SUCH PAPERS AND A TRANSCRIPT OF SUCH
 TESTIMONY MAY BE SEALED AND SHALL CONSTITUTE A PART  OF  THE  RECORD  ON
 APPEAL.
 § 245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
   TO  FACILITATE  COMPLIANCE WITH THIS ARTICLE, AND TO REDUCE OR STREAM-
 LINE LITIGATION OF ANY  DISPUTES  ABOUT  DISCOVERY,  THE  COURT  IN  ITS
 DISCRETION MAY ISSUE AN ORDER:
   1.  REQUIRING  THAT THE PROSECUTOR AND COUNSEL FOR THE DEFENDANT DILI-
 GENTLY CONFER TO ATTEMPT TO REACH AN ACCOMMODATION  AS  TO  ANY  DISPUTE
 CONCERNING DISCOVERY PRIOR TO SEEKING A RULING FROM THE COURT;
   2.  REQUIRING  A  DISCOVERY  COMPLIANCE CONFERENCE AT A SPECIFIED TIME
 PRIOR TO TRIAL BETWEEN THE PROSECUTOR, COUNSEL FOR ALL  DEFENDANTS,  AND
 THE COURT OR ITS STAFF;
   3.  REQUIRING  THE  PROSECUTION  TO  FILE AN ADDITIONAL CERTIFICATE OF
 COMPLIANCE THAT STATES THAT  THE PROSECUTOR AND/OR AN APPROPRIATE  NAMED
 AGENT  HAS  MADE  REASONABLE  INQUIRIES OF ALL POLICE OFFICERS AND OTHER
 PERSONS WHO HAVE PARTICIPATED IN INVESTIGATING OR  EVALUATING  THE  CASE
 ABOUT  THE  EXISTENCE  OF  ANY  FAVORABLE EVIDENCE OR INFORMATION WITHIN
 PARAGRAPH (K) OF SUBDIVISION ONE OF  SECTION  245.20  OF  THIS  ARTICLE,
 INCLUDING  SUCH  EVIDENCE OR INFORMATION THAT WAS NOT REDUCED TO WRITING
 OR OTHERWISE MEMORIALIZED OR PRESERVED AS EVIDENCE,  AND  HAS  DISCLOSED
 ANY SUCH  INFORMATION TO THE DEFENDANT; AND/OR
   4.  REQUIRING  OTHER  MEASURES  OR  PROCEEDINGS DESIGNED TO CARRY INTO
 EFFECT THE GOALS OF THIS ARTICLE.
 § 245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
   1. AVAILABILITY. AFTER THE FILING OF  AN  ACCUSATORY  INSTRUMENT,  AND
 SUBJECT  TO  CONSTITUTIONAL   LIMITATIONS, THE COURT MAY, UPON MOTION OF
 THE PROSECUTION SHOWING PROBABLE CAUSE  TO  BELIEVE  THE  DEFENDANT  HAS

 A. 9505--C                         36
 
 COMMITTED  THE CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE
 WILL BE FOUND, AND THAT THE METHOD USED TO SECURE SUCH EVIDENCE IS  SAFE
 AND  RELIABLE, REQUIRE A DEFENDANT  TO PROVIDE NON-TESTIMONIAL EVIDENCE,
 INCLUDING TO:
   (A) APPEAR IN A LINEUP;
   (B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
   (C) BE FINGERPRINTED;
   (D) POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
   (E)  PERMIT  THE TAKING OF SAMPLES OF THE DEFENDANT'S BLOOD, HAIR, AND
 OTHER MATERIALS OF THE DEFENDANT'S BODY THAT  INVOLVES  NO  UNREASONABLE
 INTRUSION THEREOF;
   (F) PROVIDE SPECIMENS OF THE DEFENDANT'S HANDWRITING; AND
   (G)  SUBMIT  TO  A  REASONABLE  PHYSICAL  OR MEDICAL INSPECTION OF THE
 DEFENDANT'S BODY.
   2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
 WAY AFFECT THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY  BE  AUTHORIZED
 BY  LAW,  BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT, CONSISTENT WITH
 SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THE STATE  CONSTITUTION  OR
 THE  UNITED  STATES CONSTITUTION. THIS SECTION SHALL NOT BE CONSTRUED TO
 ALTER OR IN ANY WAY AFFECT THE ADMINISTRATION OF A CHEMICAL  TEST  WHERE
 OTHERWISE  AUTHORIZED. AN ORDER PURSUANT TO THIS SECTION  MAY BE DENIED,
 LIMITED OR CONDITIONED AS PROVIDED IN SECTION 245.70 OF THIS ARTICLE.
 § 245.45 DNA COMPARISON ORDER.
   WHERE PROPERTY IN THE PROSECUTION'S POSSESSION,  CUSTODY,  OR  CONTROL
 CONSISTS  OF  A    DEOXYRIBONUCLEIC  ACID  ("DNA") PROFILE OBTAINED FROM
 PROBATIVE BIOLOGICAL MATERIAL GATHERED IN CONNECTION WITH  THE  INVESTI-
 GATION OF THE CRIME, OR THE DEFENDANT, OR THE PROSECUTION OF THE DEFEND-
 ANT,  AND  THE DEFENDANT ESTABLISHES (A) THAT SUCH PROFILE COMPLIES WITH
 FEDERAL BUREAU OF INVESTIGATION OR  STATE  REQUIREMENTS,  WHICHEVER  ARE
 APPLICABLE AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGEN-
 CIES  SEEKING  A KEYBOARD SEARCH OR SIMILAR COMPARISON, AND (B) THAT THE
 DATA MEETS STATE DNA INDEX  SYSTEM OR NATIONAL DNA INDEX SYSTEM CRITERIA
 AS SUCH CRITERIA ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING SUCH  A
 KEYBOARD  SEARCH  OR SIMILAR COMPARISON, THE COURT MAY, UPON MOTION OF A
 DEFENDANT  AGAINST  WHOM  AN  INDICTMENT,  SUPERIOR  COURT  INFORMATION,
 PROSECUTOR'S  INFORMATION,  INFORMATION,  OR  SIMPLIFIED  INFORMATION IS
 PENDING, ORDER AN ENTITY THAT HAS  ACCESS  TO  THE  COMBINED  DNA  INDEX
 SYSTEM  OR  ITS SUCCESSOR SYSTEM TO COMPARE SUCH DNA PROFILE AGAINST DNA
 DATABANKS   BY KEYBOARD SEARCHES, OR A  SIMILAR  METHOD  THAT  DOES  NOT
 INVOLVE  UPLOADING,  UPON NOTICE TO BOTH PARTIES AND THE ENTITY REQUIRED
 TO PERFORM THE SEARCH, UPON A SHOWING  BY  THE  DEFENDANT  THAT  SUCH  A
 COMPARISON  IS  MATERIAL  TO  THE PRESENTATION OF HIS OR HER DEFENSE AND
 THAT THE REQUEST IS  REASONABLE.    FOR  PURPOSES  OF  THIS  SECTION,  A
 "KEYBOARD  SEARCH"  SHALL  MEAN  A  SEARCH OF A DNA PROFILE AGAINST  THE
 DATABANK IN WHICH THE PROFILE THAT IS SEARCHED IS  NOT  UPLOADED  TO  OR
 MAINTAINED IN THE  DATABANK.
 § 245.50 CERTIFICATES OF COMPLIANCE.
   1. BY THE PROSECUTION. WHEN THE PROSECUTION HAS PROVIDED THE DISCOVERY
 REQUIRED  BY  SUBDIVISION  ONE OF SECTION 245.20 OF THIS ARTICLE, EXCEPT
 FOR ANY ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN  ORDER  PURSUANT
 TO SECTION 245.70 OF THIS ARTICLE, IT SHALL SERVE UPON THE DEFENDANT AND
 FILE  WITH  THE  COURT  A  CERTIFICATE OF COMPLIANCE. THE CERTIFICATE OF
 COMPLIANCE SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE  AND  MAKING
 REASONABLE  INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL  AND INFOR-
 MATION SUBJECT TO DISCOVERY,  THE  PROSECUTOR  HAS  DISCLOSED  AND  MADE
 AVAILABLE  ALL  KNOWN  MATERIAL AND INFORMATION SUBJECT TO DISCOVERY. IT

 A. 9505--C                         37
 
 SHALL ALSO IDENTIFY THE  ITEMS  PROVIDED.  IF  ADDITIONAL  DISCOVERY  IS
 SUBSEQUENTLY  PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION 245.60 OF THIS
 ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON  THE  DEFENDANT
 AND FILED WITH THE COURT  IDENTIFYING THE ADDITIONAL MATERIAL AND INFOR-
 MATION PROVIDED. NO ADVERSE CONSEQUENCE TO THE PROSECUTION OR THE PROSE-
 CUTOR  SHALL  RESULT  FROM  THE FILING OF A CERTIFICATE OF COMPLIANCE IN
 GOOD  FAITH; BUT THE COURT MAY GRANT A REMEDY OR SANCTION FOR A  DISCOV-
 ERY VIOLATION AS PROVIDED IN SECTION 245.80 OF THIS ARTICLE.
   2.  BY  THE  DEFENDANT.  WHEN THE DEFENDANT HAS PROVIDED ALL DISCOVERY
 REQUIRED BY SUBDIVISION FOUR OF SECTION 245.20 OF THIS  ARTICLE,  EXCEPT
 FOR  ANY  ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN ORDER PURSUANT
 TO SECTION 245.70 OF THIS ARTICLE, COUNSEL FOR THE DEFENDANT SHALL SERVE
 UPON THE PROSECUTION AND FILE WITH THE COURT A  CERTIFICATE  OF  COMPLI-
 ANCE.   THE CERTIFICATE SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE
 AND MAKING REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE  OF  MATERIAL
 AND  INFORMATION  SUBJECT  TO  DISCOVERY,  COUNSEL FOR THE DEFENDANT HAS
 DISCLOSED AND MADE AVAILABLE ALL KNOWN MATERIAL AND INFORMATION  SUBJECT
 TO  DISCOVERY.  IT SHALL ALSO IDENTIFY THE ITEMS PROVIDED. IF ADDITIONAL
 DISCOVERY IS SUBSEQUENTLY PROVIDED PRIOR TO TRIAL  PURSUANT  TO  SECTION
 245.60  OF THIS ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON
 THE PROSECUTION AND FILED   WITH THE COURT  IDENTIFYING  THE  ADDITIONAL
 MATERIAL  AND  INFORMATION  PROVIDED.  NO  ADVERSE    CONSEQUENCE TO THE
 DEFENDANT OR COUNSEL FOR THE DEFENDANT SHALL RESULT FROM THE FILING OF A
 CERTIFICATE OF COMPLIANCE IN GOOD FAITH; BUT THE COURT MAY GRANT A REME-
 DY OR SANCTION FOR A DISCOVERY VIOLATION AS PROVIDED IN  SECTION  245.80
 OF THIS ARTICLE.
 § 245.55 FLOW OF INFORMATION.
   1.  SUFFICIENT COMMUNICATION FOR COMPLIANCE. THE DISTRICT ATTORNEY AND
 THE ASSISTANT RESPONSIBLE FOR THE CASE, OR, IF THE MATTER IS  NOT  BEING
 PROSECUTED  BY  THE  DISTRICT  ATTORNEY,  THE PROSECUTING AGENCY AND ITS
 ASSIGNED REPRESENTATIVE, SHALL ENDEAVOR TO ENSURE THAT A FLOW OF  INFOR-
 MATION  IS MAINTAINED BETWEEN THE POLICE AND OTHER INVESTIGATIVE PERSON-
 NEL AND HIS OR  HER  OFFICE  SUFFICIENT  TO  PLACE  WITHIN  HIS  OR  HER
 POSSESSION  OR  CONTROL  ALL  MATERIAL  AND INFORMATION PERTINENT TO THE
 DEFENDANT AND THE OFFENSE OR OFFENSES CHARGED, INCLUDING, BUT NOT LIMIT-
 ED TO, ANY EVIDENCE OR INFORMATION DISCOVERABLE UNDER PARAGRAPH  (K)  OF
 SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE.
   2.  PROVISION OF LAW ENFORCEMENT AGENCY FILES. ABSENT A COURT ORDER OR
 CLEAR SECURITY REQUIREMENT, UPON REQUEST BY THE PROSECUTION, A NEW  YORK
 STATE  LAW  ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE PROSECUTION A
 COMPLETE COPY OF ITS COMPLETE FILES RELATED TO THE INVESTIGATION OF  THE
 CASE  OR THE PROSECUTION OF THE DEFENDANT FOR COMPLIANCE WITH THIS ARTI-
 CLE.
   3.  911  TELEPHONE  CALL  AND  POLICE  RADIO  TRANSMISSION  ELECTRONIC
 RECORDINGS,   POLICE  WORN  BODY  CAMERA  RECORDINGS  AND  OTHER  POLICE
 RECORDINGS.  (A) WHENEVER AN ELECTRONIC RECORDING  OF  A  911  TELEPHONE
 CALL  OR  A  POLICE  RADIO TRANSMISSION OR VIDEO OR AUDIO FOOTAGE FROM A
 POLICE BODY-WORN CAMERA OR OTHER POLICE RECORDING WAS MADE  OR  RECEIVED
 IN   CONNECTION WITH THE INVESTIGATION OF AN APPARENT CRIMINAL INCIDENT,
 THE ARRESTING OFFICER OR LEAD  DETECTIVE SHALL EXPEDITIOUSLY NOTIFY  THE
 PROSECUTION  IN  WRITING  UPON THE FILING OF AN ACCUSATORY INSTRUMENT OF
 THE EXISTENCE OF ALL SUCH KNOWN RECORDINGS. THE PROSECUTION SHALL  EXPE-
 DITIOUSLY  TAKE  WHATEVER  REASONABLE STEPS ARE NECESSARY TO ENSURE THAT
 ALL KNOWN ELECTRONIC RECORDINGS OF 911  TELEPHONE  CALLS,  POLICE  RADIO
 TRANSMISSIONS  AND  VIDEO  AND AUDIO FOOTAGE AND OTHER POLICE RECORDINGS
 MADE OR AVAILABLE IN CONNECTION WITH THE CASE ARE  PRESERVED  THROUGHOUT

 A. 9505--C                         38
 
 THE PENDENCY OF THE CASE. UPON THE DEFENDANT'S TIMELY REQUEST AND DESIG-
 NATION  OF  A SPECIFIC ELECTRONIC RECORDING OF A 911 TELEPHONE CALL, THE
 PROSECUTION SHALL ALSO  EXPEDITIOUSLY TAKE WHATEVER REASONABLE STEPS ARE
 NECESSARY  TO ENSURE THAT IT IS PRESERVED THROUGHOUT THE PENDENCY OF THE
 CASE.
   (B) IF THE PROSECUTION FAILS TO DISCLOSE SUCH AN ELECTRONIC  RECORDING
 TO  THE  DEFENDANT  PURSUANT TO PARAGRAPH (E), (G) OR (K) OF SUBDIVISION
 ONE OF SECTION 245.20 OF THIS ARTICLE DUE TO A FAILURE  TO  COMPLY  WITH
 THIS  OBLIGATION  BY  POLICE OFFICERS OR OTHER LAW ENFORCEMENT OR PROSE-
 CUTION PERSONNEL, THE COURT UPON MOTION OF THE DEFENDANT SHALL IMPOSE AN
 APPROPRIATE REMEDY OR SANCTION PURSUANT TO SECTION 245.80 OF THIS  ARTI-
 CLE.
 § 245.60 CONTINUING DUTY TO DISCLOSE.
   IF  EITHER  THE  PROSECUTION  OR  THE DEFENDANT SUBSEQUENTLY LEARNS OF
 ADDITIONAL MATERIAL OR INFORMATION WHICH IT WOULD HAVE BEEN UNDER A DUTY
 TO DISCLOSE PURSUANT TO ANY PROVISIONS OF THIS ARTICLE AT THE TIME OF  A
 PREVIOUS DISCOVERY OBLIGATION OR DISCOVERY ORDER, IT SHALL EXPEDITIOUSLY
 NOTIFY  THE OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL OR INFORMA-
 TION  AS  REQUIRED  FOR  INITIAL  DISCOVERY  UNDER  THIS  ARTICLE.  THIS
 PROVISION  ALSO  REQUIRES  EXPEDITIOUS  DISCLOSURE BY THE PROSECUTION OF
 MATERIAL OR INFORMATION THAT BECAME RELEVANT TO THE CASE OR DISCOVERABLE
 BASED  UPON RECIPROCAL DISCOVERY RECEIVED FROM THE DEFENDANT PURSUANT TO
 SUBDIVISION FOUR OF SECTION 245.20 OF THIS ARTICLE.
 § 245.65 WORK PRODUCT.
   THIS ARTICLE DOES NOT AUTHORIZE DISCOVERY BY A PARTY OF THOSE PORTIONS
 OF RECORDS, REPORTS, CORRESPONDENCE, MEMORANDA, OR INTERNAL DOCUMENTS OF
 THE ADVERSE PARTY WHICH ARE ONLY THE LEGAL RESEARCH, OPINIONS,  THEORIES
 OR  CONCLUSIONS  OF  THE ADVERSE PARTY OR ITS ATTORNEY OR THE ATTORNEY'S
 AGENTS, OR OF STATEMENTS OF A DEFENDANT, WRITTEN OR RECORDED  OR  SUMMA-
 RIZED  IN ANY WRITING OR RECORDING, MADE TO THE ATTORNEY FOR THE DEFEND-
 ANT OR THE ATTORNEY'S AGENTS.
 § 245.70 PROTECTIVE ORDERS.
   1. ANY DISCOVERY SUBJECT TO PROTECTIVE ORDER. UPON A SHOWING  OF  GOOD
 CAUSE BY EITHER PARTY, THE COURT MAY AT ANY TIME ORDER THAT DISCOVERY OR
 INSPECTION  OF ANY KIND OF MATERIAL OR INFORMATION UNDER THIS ARTICLE BE
 DENIED, RESTRICTED, CONDITIONED OR DEFERRED, OR MAKE SUCH OTHER ORDER AS
 IS APPROPRIATE. THE COURT MAY IMPOSE AS A CONDITION ON  DISCOVERY  TO  A
 DEFENDANT THAT THE MATERIAL OR INFORMATION TO BE DISCOVERED BE AVAILABLE
 ONLY  TO COUNSEL FOR THE DEFENDANT; OR,  ALTERNATIVELY, THAT COUNSEL FOR
 THE DEFENDANT, AND PERSONS EMPLOYED BY THE ATTORNEY OR APPOINTED BY  THE
 COURT  TO  ASSIST  IN  THE  PREPARATION  OF  A DEFENDANT'S CASE, MAY NOT
 DISCLOSE PHYSICAL COPIES OF THE DISCOVERABLE DOCUMENTS TO A DEFENDANT OR
 TO ANYONE ELSE, PROVIDED THAT  THE  PROSECUTION  AFFORDS  THE  DEFENDANT
 ACCESS  TO  INSPECT  REDACTED  COPIES OF THE DISCOVERABLE DOCUMENTS AT A
 SUPERVISED LOCATION THAT PROVIDES REGULAR AND REASONABLE HOURS FOR  SUCH
 ACCESS,  SUCH  AS  A  PROSECUTOR'S  OFFICE,  POLICE STATION, FACILITY OF
 DETENTION, OR COURT. THE COURT MAY PERMIT A PARTY  SEEKING OR OPPOSING A
 PROTECTIVE ORDER UNDER THIS SECTION,  OR  ANOTHER  AFFECTED  PERSON,  TO
 SUBMIT  PAPERS  OR TESTIFY ON THE RECORD EX PARTE OR IN CAMERA. ANY SUCH
 PAPERS AND A TRANSCRIPT OF  SUCH  TESTIMONY  MAY  BE  SEALED  AND  SHALL
 CONSTITUTE  A PART OF THE RECORD ON APPEAL. THIS SECTION DOES NOT  ALTER
 THE ALLOCATION OF THE BURDEN OF PROOF WITH REGARD TO MATTERS  AT  ISSUE,
 INCLUDING PRIVILEGE.
   2.  MODIFICATION OF TIME PERIODS FOR DISCOVERY. UPON MOTION OF A PARTY
 IN AN INDIVIDUAL  CASE, THE COURT MAY ALTER THE TIME PERIODS FOR DISCOV-
 ERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF GOOD CAUSE.

 A. 9505--C                         39
 
   3. PROMPT HEARING. UPON REQUEST FOR  A  PROTECTIVE  ORDER,  THE  COURT
 SHALL  CONDUCT  AN  APPROPRIATE  HEARING  WITHIN  THREE BUSINESS DAYS TO
 DETERMINE WHETHER GOOD CAUSE HAS BEEN SHOWN AND WHEN  PRACTICABLE  SHALL
 RENDER  DECISION EXPEDITIOUSLY. ANY MATERIALS SUBMITTED AND A TRANSCRIPT
 OF  THE  PROCEEDING  MAY  BE  SEALED  AND SHALL CONSTITUTE A PART OF THE
 RECORD ON APPEAL.
   4. SHOWING OF GOOD CAUSE. GOOD CAUSE UNDER THIS SECTION  MAY  INCLUDE:
 CONSTITUTIONAL   RIGHTS OR LIMITATIONS; DANGER TO THE INTEGRITY OF PHYS-
 ICAL EVIDENCE; A SUBSTANTIAL  RISK  OF  PHYSICAL    HARM,  INTIMIDATION,
 ECONOMIC  REPRISAL, BRIBERY OR UNJUSTIFIED ANNOYANCE OR EMBARRASSMENT TO
 ANY PERSON; A SUBSTANTIAL RISK OF AN ADVERSE EFFECT UPON THE  LEGITIMATE
 NEEDS OF LAW ENFORCEMENT,  INCLUDING THE PROTECTION OF THE CONFIDENTIAL-
 ITY  OF INFORMANTS; DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS A
 DEFENDANT'S  GANG  AFFILIATION,  PRIOR  HISTORY  OF   INTERFERING   WITH
 WITNESSES,  OR  THREATS  OR  INTIMIDATING  ACTIONS DIRECTED AT POTENTIAL
 WITNESSES; OR OTHER SIMILAR FACTORS THAT ALSO   OUTWEIGH THE  USEFULNESS
 OF THE DISCOVERY.
   5. SUCCESSOR COUNSEL OR PRO SE DEFENDANT. IN CASES IN WHICH THE ATTOR-
 NEY-CLIENT    RELATIONSHIP  IS TERMINATED PRIOR TO TRIAL FOR ANY REASON,
 ANY MATERIAL OR INFORMATION DISCLOSED  SUBJECT TO A CONDITION THAT IT BE
 AVAILABLE ONLY TO COUNSEL FOR THE DEFENDANT, OR LIMITED IN DISSEMINATION
 BY PROTECTIVE ORDER OR OTHERWISE, SHALL BE PROVIDED  ONLY  TO  SUCCESSOR
 COUNSEL  FOR  THE DEFENDANT UNDER THE SAME CONDITION OR CONDITIONS OR BE
 RETURNED TO THE PROSECUTION, UNLESS THE COURT RULES OTHERWISE  FOR  GOOD
 CAUSE  SHOWN  OR  THE PROSECUTOR GIVES WRITTEN CONSENT. ANY WORK PRODUCT
 DERIVED FROM SUCH MATERIAL OR INFORMATION SHALL NOT BE PROVIDED  TO  THE
 DEFENDANT,  UNLESS  THE  COURT  RULES  OTHERWISE OR THE PROSECUTOR GIVES
 WRITTEN CONSENT. IF THE DEFENDANT IS ACTING AS HIS  OR HER OWN ATTORNEY,
 THE COURT MAY REGULATE THE TIME, PLACE  AND  MANNER  OF  ACCESS  TO  ANY
 DISCOVERABLE  MATERIAL OR INFORMATION; AND IT MAY AS APPROPRIATE APPOINT
 PERSONS TO ASSIST THE DEFENDANT IN THE INVESTIGATION OR  PREPARATION  OF
 THE CASE. UPON MOTION OR APPLICATION OF A DEFENDANT ACTING AS HIS OR HER
 OWN  ATTORNEY,  THE COURT MAY AT ANY TIME MODIFY OR VACATE ANY CONDITION
 OR RESTRICTION RELATING TO ACCESS TO DISCOVERABLE MATERIAL  OR  INFORMA-
 TION, FOR GOOD CAUSE  SHOWN.
   6. EXPEDITED REVIEW OF ADVERSE RULING. (A) A PARTY THAT HAS UNSUCCESS-
 FULLY  SOUGHT,  OR  UNSUCCESSFULLY OPPOSED THE GRANTING OF, A PROTECTIVE
 ORDER UNDER THIS SECTION RELATING TO THE NAME, ADDRESS, CONTACT INFORMA-
 TION OR STATEMENTS OF A PERSON  MAY  OBTAIN  EXPEDITED  REVIEW  OF  THAT
 RULING  BY  AN INDIVIDUAL JUSTICE OF THE INTERMEDIATE APPELLATE COURT TO
 WHICH AN APPEAL FROM A JUDGMENT OF  CONVICTION  IN  THE  CASE  WOULD  BE
 TAKEN.
   (B)  SUCH  REVIEW  SHALL  BE  SOUGHT  WITHIN  TWO BUSINESS DAYS OF THE
 ADVERSE OR PARTIALLY ADVERSE RULING, BY ORDER TO SHOW CAUSE  FILED  WITH
 THE INTERMEDIATE APPELLATE COURT. THE ORDER TO SHOW CAUSE SHALL IN ADDI-
 TION  BE TIMELY SERVED ON THE LOWER COURT AND ON THE OPPOSING PARTY, AND
 SHALL BE ACCOMPANIED BY A SWORN AFFIRMATION STATING IN  GOOD  FAITH  (I)
 THAT  THE  RULING AFFECTS  SUBSTANTIAL INTERESTS, AND (II) THAT DILIGENT
 EFFORTS TO REACH AN ACCOMMODATION OF THE  UNDERLYING  DISCOVERY  DISPUTE
 WITH  OPPOSING  COUNSEL  FAILED  OR  THAT NO ACCOMMODATION WAS FEASIBLE;
 EXCEPT THAT SERVICE ON THE OPPOSING PARTY,  AND  A  STATEMENT  REGARDING
 EFFORTS  TO  REACH  AN ACCOMMODATION, ARE UNNECESSARY WHERE THE OPPOSING
 PARTY WAS NOT MADE AWARE OF THE APPLICATION FOR A PROTECTIVE  ORDER  AND
 GOOD CAUSE EXISTS FOR OMITTING SERVICE OF THE ORDER TO SHOW CAUSE ON THE
 OPPOSING  PARTY.  THE  LOWER  COURT'S  ORDER  SUBJECT TO REVIEW SHALL BE
 STAYED UNTIL THE APPELLATE JUSTICE RENDERS  DECISION.

 A. 9505--C                         40
 
   (C) THE ASSIGNMENT OF THE INDIVIDUAL APPELLATE JUSTICE, AND  THE  MODE
 OF AND PROCEDURE FOR THE REVIEW, ARE DETERMINED BY RULES OF THE INDIVID-
 UAL  APPELLATE  COURTS.  THE APPELLATE JUSTICE MAY CONSIDER ANY RELEVANT
 AND RELIABLE INFORMATION BEARING ON THE ISSUE,  AND  MAY  DISPENSE  WITH
 WRITTEN  BRIEFS  OTHER THAN SUPPORTING AND OPPOSING MATERIALS PREVIOUSLY
 SUBMITTED TO THE LOWER COURT. THE APPELLATE JUSTICE  MAY  DISPENSE  WITH
 THE  ISSUANCE OF A WRITTEN OPINION IN RENDERING HIS OR HER DECISION, AND
 WHEN PRACTICABLE SHALL RENDER DECISION EXPEDITIOUSLY.  SUCH  REVIEW  AND
 DECISION  SHALL  NOT  AFFECT  THE  RIGHT OF A DEFENDANT, IN A SUBSEQUENT
 APPEAL FROM A JUDGMENT OF CONVICTION,  TO  CLAIM  AS  ERROR  THE  RULING
 REVIEWED.
   7. COMPLIANCE WITH PROTECTIVE ORDER. ANY PROTECTIVE ORDER ISSUED UNDER
 THIS  ARTICLE  IS  A MANDATE OF THE COURT FOR PURPOSES OF THE OFFENSE OF
 CRIMINAL CONTEMPT IN SUBDIVISION THREE OF SECTION 215.50  OF  THE  PENAL
 LAW.
 § 245.75 WAIVER OF DISCOVERY BY DEFENDANT.
   A  DEFENDANT  WHO  DOES  NOT SEEK DISCOVERY FROM THE PROSECUTION UNDER
 THIS ARTICLE SHALL SO   NOTIFY THE PROSECUTION  AND  THE  COURT  AT  THE
 DEFENDANT'S  ARRAIGNMENT  ON  AN INDICTMENT, SUPERIOR COURT INFORMATION,
 PROSECUTOR'S INFORMATION, INFORMATION,  OR  SIMPLIFIED  INFORMATION,  OR
 EXPEDITIOUSLY  THEREAFTER BUT BEFORE RECEIVING DISCOVERY FROM THE PROSE-
 CUTION PURSUANT TO  SUBDIVISION ONE OF SECTION 245.20 OF  THIS  ARTICLE,
 AND THE DEFENDANT NEED NOT PROVIDE DISCOVERY TO THE PROSECUTION PURSUANT
 TO  SUBDIVISION  FOUR OF SECTION 245.20 AND SECTION 245.60 OF THIS ARTI-
 CLE.  A WAIVER SHALL BE IN WRITING AND SIGNED BY THE DEFENDANT AND COUN-
 SEL FOR THE DEFENDANT. SUCH A   WAIVER DOES NOT  ALTER  OR  IN  ANY  WAY
 AFFECT  THE  PROCEDURES,  OBLIGATIONS  OR  RIGHTS  SET FORTH IN SECTIONS
 250.10, 250.20 AND 250.30 OF THIS TITLE,  OR  OTHERWISE  ESTABLISHED  OR
 REQUIRED  BY LAW.  THE PROSECUTION MAY NOT CONDITION A GUILTY PLEA OFFER
 ON THE DEFENDANT'S EXECUTION OF A WAIVER UNDER THIS SECTION.
 § 245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
   1. NEED FOR REMEDY OR SANCTION. (A) WHEN MATERIAL  OR  INFORMATION  IS
 DISCOVERABLE  UNDER  THIS  ARTICLE BUT IS DISCLOSED BELATEDLY, THE COURT
 SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
 DISCLOSURE  SHOWS  THAT  IT  WAS  PREJUDICED. REGARDLESS OF A SHOWING OF
 PREJUDICE THE PARTY ENTITLED TO DISCLOSURE  SHALL  BE  GIVEN  REASONABLE
 TIME TO PREPARE AND RESPOND TO THE NEW MATERIAL.
   (B)  WHEN  MATERIAL  OR INFORMATION IS DISCOVERABLE UNDER THIS ARTICLE
 BUT CANNOT BE DISCLOSED BECAUSE IT HAS BEEN LOST OR DESTROYED, THE COURT
 SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
 DISCLOSURE  SHOWS THAT THE LOST OR DESTROYED MATERIAL MAY HAVE CONTAINED
 SOME INFORMATION RELEVANT TO A CONTESTED ISSUE. THE  APPROPRIATE  REMEDY
 OR  SANCTION  IS    THAT WHICH IS PROPORTIONATE TO THE POTENTIAL WAYS IN
 WHICH THE LOST OR DESTROYED MATERIAL  REASONABLY COULD HAVE BEEN HELPFUL
 TO THE PARTY ENTITLED TO DISCLOSURE.
   2. AVAILABLE REMEDIES OR SANCTIONS. FOR FAILURE  TO  COMPLY  WITH  ANY
 DISCOVERY  ORDER  IMPOSED  OR ISSUED PURSUANT TO THIS ARTICLE, THE COURT
 MAY MAKE A FURTHER ORDER FOR DISCOVERY, GRANT A CONTINUANCE, ORDER  THAT
 A  HEARING  BE  REOPENED,  ORDER  THAT  A WITNESS BE CALLED OR RECALLED,
 INSTRUCT THE JURY THAT IT MAY DRAW AN ADVERSE  INFERENCE  REGARDING  THE
 NON-COMPLIANCE, PRECLUDE OR STRIKE A WITNESS'S TESTIMONY OR A PORTION OF
 A  WITNESS'S  TESTIMONY,  ADMIT OR EXCLUDE EVIDENCE,   ORDER A MISTRIAL,
 ORDER THE DISMISSAL OF ALL OR SOME OF THE CHARGES, OR  MAKE  SUCH  OTHER
 ORDER AS IT DEEMS JUST UNDER THE CIRCUMSTANCES; EXCEPT THAT ANY SANCTION
 AGAINST  THE DEFENDANT SHALL COMPORT WITH THE DEFENDANT'S CONSTITUTIONAL
 RIGHT TO PRESENT A DEFENSE, AND  PRECLUDING  A  DEFENSE  WITNESS    FROM

 A. 9505--C                         41
 
 TESTIFYING SHALL BE PERMISSIBLE ONLY UPON A FINDING THAT THE DEFENDANT'S
 FAILURE  TO  COMPLY   WITH THE DISCOVERY OBLIGATION OR ORDER WAS WILLFUL
 AND MOTIVATED BY A DESIRE TO OBTAIN A TACTICAL  ADVANTAGE.
   3.  CONSEQUENCES  OF  NON-DISCLOSURE OF STATEMENT OF TESTIFYING PROSE-
 CUTION WITNESS. THE FAILURE OF THE PROSECUTOR OR ANY AGENT OF THE PROSE-
 CUTOR TO DISCLOSE ANY WRITTEN OR RECORDED STATEMENT  MADE  BY  A  PROSE-
 CUTION  WITNESS  WHICH  RELATES  TO  THE SUBJECT MATTER OF THE WITNESS'S
 TESTIMONY SHALL NOT CONSTITUTE GROUNDS FOR ANY  COURT  TO  ORDER  A  NEW
 PRE-TRIAL  HEARING  OR  SET  ASIDE  A  CONVICTION, OR REVERSE, MODIFY OR
 VACATE A JUDGMENT OF CONVICTION, IN THE ABSENCE  OF  A  SHOWING  BY  THE
 DEFENDANT THAT THERE IS A REASONABLE POSSIBILITY THAT THE NON-DISCLOSURE
 MATERIALLY  CONTRIBUTED  TO THE RESULT OF THE TRIAL OR OTHER PROCEEDING;
 PROVIDED, HOWEVER, THAT NOTHING IN THIS  SECTION SHALL AFFECT  OR  LIMIT
 ANY  RIGHT  THE  DEFENDANT MAY HAVE TO A REOPENED PRE-TRIAL HEARING WHEN
 SUCH STATEMENTS WERE DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT TRIAL.
 § 245.85 ADMISSIBILITY OF DISCOVERY.
   THE FACT THAT A PARTY HAS INDICATED DURING THE  DISCOVERY  PROCESS  AN
 INTENTION  TO OFFER SPECIFIED EVIDENCE OR TO CALL A SPECIFIED WITNESS IS
 NOT ADMISSIBLE IN EVIDENCE OR GROUNDS FOR ADVERSE COMMENT AT  A  HEARING
 OR A TRIAL.
   §  3. Subdivision 3 of section 610.20 of the criminal procedure law is
 amended and a new subdivision 4 is added to read as follows:
   3.  An attorney for a defendant in a criminal action or proceeding, as
 an officer of a criminal court, may issue  a  subpoena  of  such  court,
 subscribed  by  himself, for the attendance in such court of any witness
 whom the defendant is entitled to call in such action or proceeding.  An
 attorney for a defendant may not issue a subpoena  duces  tecum  of  the
 court  directed to any department, bureau or agency of the state or of a
 political subdivision thereof, or to any officer or representative ther-
 eof, UNLESS THE SUBPOENA IS ENDORSED BY THE COURT AND PROVIDES AT  LEAST
 THREE DAYS FOR THE PRODUCTION OF THE REQUESTED MATERIALS. IN THE CASE OF
 AN  EMERGENCY,  THE  COURT  MAY  BY  ORDER  DISPENSE  WITH THE THREE-DAY
 PRODUCTION PERIOD. Such a subpoena duces tecum may be issued  in  behalf
 of a defendant upon order of a court pursuant to the rules applicable to
 civil  cases  as  provided  in section twenty-three hundred seven of the
 civil practice law and rules.
   4. THE SHOWING REQUIRED TO SUSTAIN ANY SUBPOENA UNDER THIS SECTION  IS
 THAT  THE  TESTIMONY OR EVIDENCE SOUGHT IS REASONABLY LIKELY TO BE RELE-
 VANT AND MATERIAL TO THE  PROCEEDINGS, AND THE SUBPOENA IS NOT OVERBROAD
 OR UNREASONABLY BURDENSOME.
   § 4. Section 65.20 of the criminal procedure law, as added by  chapter
 505  of  the laws of 1985, subdivision 2 as added, the opening paragraph
 of subdivision 10 as amended and subdivisions 3, 4, 5, 6, 7, 8,  9,  10,
 11, 12 and 13 as renumbered by chapter 548 of the laws of 2007, subdivi-
 sion  7 and paragraph (k) of subdivision 10 as amended by chapter 320 of
 the laws of 2006 and subdivisions 11 and 12 as amended by chapter 455 of
 the laws of 1991, is amended to read as follows:
 § 65.20 Closed-circuit television; procedure for application and grounds
             for determination.
   1. Prior to the commencement of a criminal proceeding;  other  than  a
 grand  jury proceeding, either party may apply to the court for an order
 declaring that a child witness is vulnerable.
   2. A child witness should be declared vulnerable when  the  court,  in
 accordance  with the provisions of this section, determines by clear and
 convincing evidence that the child witness would suffer  serious  mental
 or  emotional  harm  that  would substantially impair the child witness'

 A. 9505--C                         42

 ability to communicate with the finder of fact without the use of  live,
 two-way closed-circuit television.
   3.  A  motion pursuant to subdivision one of this section must be made
 in writing at least eight days before the commencement of trial or other
 criminal proceeding upon reasonable notice to the other party  and  with
 an opportunity to be heard.
   4.  The  motion  papers  must  state the basis for the motion and must
 contain sworn allegations of fact which, if true, would support a deter-
 mination by the court that the child witness is vulnerable. Such allega-
 tions may be based upon the personal knowledge of the deponent  or  upon
 information  and belief, provided that, in the latter event, the sources
 of such information and the grounds for such belief are stated.
   5. The answering papers may admit or deny any of the alleged facts and
 may, in addition, contain sworn allegations  of  fact  relevant  to  the
 motion,  including  the rights of the defendant, the need to protect the
 child witness and the integrity of the  truth-finding  function  of  the
 trier of fact.
   6.  Unless  all  material  facts alleged in support of the motion made
 pursuant to subdivision one of this  section  are  conceded,  the  court
 shall,  in  addition  to examining the papers and hearing oral argument,
 conduct an appropriate hearing for the purpose  of  making  findings  of
 fact essential to the determination of the motion. Except as provided in
 subdivision  [six]  SEVEN  of  this section, it may subpoena or call and
 examine witnesses, who must either testify under oath or be permitted to
 give unsworn testimony pursuant to subdivision two of section 60.20  and
 must authorize the attorneys for the parties to do the same.
   7.  Notwithstanding  any other provision of law, the child witness who
 is alleged to be vulnerable may not be  compelled  to  testify  at  such
 hearing  or  to  submit to any psychological or psychiatric examination.
 The failure of the child witness to testify at such hearing shall not be
 a ground for denying a motion made pursuant to subdivision one  of  this
 section.  Prior  statements  made  by  the child witness relating to any
 allegations of conduct constituting an offense defined  in  article  one
 hundred  thirty of the penal law or incest as defined in section 255.25,
 255.26 or 255.27 of such law or to any allegation of  words  or  conduct
 constituting  an  attempt  to prevent, impede or deter the child witness
 from cooperating in the investigation  or  prosecution  of  the  offense
 shall  be admissible at such hearing, provided, however, that a declara-
 tion that a child witness is vulnerable may not  be  based  solely  upon
 such prior statements.
   8.  (a) Notwithstanding any of the provisions of article forty-five of
 the civil practice law and rules, any physician, psychologist, nurse  or
 social  worker  who has treated a child witness may testify at a hearing
 conducted pursuant to subdivision [five] SIX of this section  concerning
 the  treatment  of  such  child witness as such treatment relates to the
 issue presented at the hearing, provided that any  otherwise  applicable
 statutory privileges concerning communications between the child witness
 and  such  physician, psychologist, nurse or social worker in connection
 with such treatment shall not be deemed waived by such testimony  alone,
 except to the limited extent of permitting the court alone to examine in
 camera  reports,  records  or documents, if any, prepared by such physi-
 cian, psychologist, nurse or social worker. If upon such examination the
 court determines that such reports, records or documents, or any one  or
 portion  thereof, contain information material and relevant to the issue
 of whether the child witness is a vulnerable child  witness,  the  court

 A. 9505--C                         43
 
 shall  disclose  such information to both the attorney for the defendant
 and the district attorney.
   (b)  At  any time after a motion has been made pursuant to subdivision
 one of this section, upon the demand of the other party the moving party
 must furnish the demanding party with a copy of  any  and  all  of  such
 records,  reports  or  other  documents  in the possession of such other
 party and must, in addition, supply the court with a copy  of  all  such
 reports, records or other documents which are the subject of the demand.
 At any time after a demand has been made pursuant to this paragraph, the
 moving  party  may demand that property of the same kind or character in
 possession of the party that originally made such demand be furnished to
 the moving party and, if so furnished, be supplied, in addition, to  the
 court.
   9.  (a) Prior to the commencement of the hearing conducted pursuant to
 subdivision [five] SIX of this section,  the  district  attorney  shall,
 subject  to  a protective order, comply with the provisions of PARAGRAPH
 (C) OF subdivision one of section [240.45] 245.20  of  this  chapter  as
 they  concern  any witness whom the district attorney intends to call at
 the hearing and the child witness.
   (b) Before a defendant calls a witness at  such  hearing,  he  or  she
 must,  subject  to  a  protective  order,  comply with the provisions of
 subdivision [two] FOUR of section [240.45] 245.20  of  this  chapter  as
 they  concern  all  the  witnesses the defendant intends to call at such
 hearing.
   10. The court may consider, in determining whether there  are  factors
 which  would  cause  the  child  witness  to  suffer  serious  mental or
 emotional harm, a finding that any one or more of the following  circum-
 stances have been established by clear and convincing evidence:
   (a) The manner of the commission of the offense of which the defendant
 is  accused was particularly heinous or was characterized by aggravating
 circumstances.
   (b) The child witness is particularly young or otherwise  particularly
 subject  to psychological harm on account of a physical or mental condi-
 tion which existed before the alleged commission of the offense.
   (c) At the time of the alleged offense, the defendant occupied a posi-
 tion of authority with respect to the child witness.
   (d) The offense or offenses charged were part of an ongoing course  of
 conduct  committed  by  the  defendant against the child witness over an
 extended period of time.
   (e) A deadly weapon or dangerous instrument was allegedly used  during
 the commission of the crime.
   (f) The defendant has inflicted serious physical injury upon the child
 witness.
   (g)  A  threat,  express or implied, of physical violence to the child
 witness or a third person if the child witness were to report the  inci-
 dent  to  any  person  or communicate information to or cooperate with a
 court, grand jury, prosecutor, police officer or peace officer  concern-
 ing the incident has been made by or on behalf of the defendant.
   (h)  A threat, express or implied, of the incarceration of a parent or
 guardian of the child witness, the removal of the child witness from the
 family or the dissolution of the family of  the  child  witness  if  the
 child  witness  were to report the incident to any person or communicate
 information to or cooperate with a court, grand jury, prosecutor, police
 officer or peace officer concerning the incident has been made by or  on
 behalf of the defendant.

 A. 9505--C                         44
 
   (i)  A  witness  other than the child witness has received a threat of
 physical violence directed at such witness or to a third person by or on
 behalf of the defendant.
   (j)  The  defendant,  at the time of the inquiry, (i) is living in the
 same household with the child witness, (ii)  has  ready  access  to  the
 child  witness  or  (iii) is providing substantial financial support for
 the child witness.
   (k) The child witness has previously been the  victim  of  an  offense
 defined  in  article  one  hundred  thirty of the penal law or incest as
 defined in section 255.25, 255.26 or 255.27 of such law.
   (l) According to expert testimony, the child witness would be  partic-
 ularly  [suceptible]  SUSCEPTIBLE  to  psychological harm if required to
 testify in open court or in the physical presence of the defendant.
   11. Irrespective of whether a motion was made pursuant to  subdivision
 one of this section, the court, at the request of either party or on its
 own  motion,  may decide that a child witness may be vulnerable based on
 its own observations that a child witness who has been called to testify
 at a criminal proceeding is suffering severe mental  or  emotional  harm
 and therefore is physically or mentally unable to testify or to continue
 to  testify  in  open court or in the physical presence of the defendant
 and that the use of live, two-way closed-circuit television is necessary
 to enable the child witness to testify. If the court so decides, it must
 conduct the same hearing that subdivision [five]  SIX  of  this  section
 requires  when  a  motion  is  made  pursuant to subdivision one of this
 section, and it must make findings  of  fact  pursuant  to  subdivisions
 [nine]  TEN and [eleven] TWELVE of this section, before determining that
 the child witness is vulnerable.
   12. In deciding whether a child witness is vulnerable, the court shall
 make findings of fact which reflect the causal relationship between  the
 existence  of  any  one  or more of the factors set forth in subdivision
 [nine] TEN of this section or other relevant  factors  which  the  court
 finds  are  established  and the determination that the child witness is
 vulnerable.  If the court is satisfied that the child witness is vulner-
 able and that, under the facts and circumstances of the particular case,
 the defendant's  constitutional  rights  to  an  impartial  jury  or  of
 confrontation  will  not be impaired, it may enter an order granting the
 application for the use of live, two-way closed-circuit television.
   13. When the court has determined that a child witness is a vulnerable
 child witness, it shall make a specific finding as  to  whether  placing
 the defendant and the child witness in the same room during the testimo-
 ny of the child witness will contribute to the likelihood that the child
 witness  will suffer severe mental or emotional harm. If the court finds
 that placing the defendant and the child witness in the same room during
 the testimony of the child witness will  contribute  to  the  likelihood
 that  the child witness will suffer severe mental or emotional harm, the
 order entered pursuant to subdivision [eleven] TWELVE  of  this  section
 shall  direct  that  the  defendant  remain  in the courtroom during the
 testimony of the vulnerable child witness.
   § 5. Subdivision 5 of section 200.95 of the criminal procedure law, as
 added by chapter 558 of the laws of 1982, is amended to read as follows:
   5. Court ordered bill of particulars.  Where a prosecutor  has  timely
 served  a  written  refusal pursuant to subdivision four of this section
 and upon motion, made in writing, of a defendant, who has made a request
 for a bill of particulars and whose request has not been  complied  with
 in whole or in part, the court must, to the extent a protective order is
 not  warranted, order the prosecutor to comply with the request if it is

 A. 9505--C                         45
 
 satisfied that the items of factual information requested are authorized
 to be included in a bill of particulars, and that  such  information  is
 necessary  to  enable the defendant adequately to prepare or conduct his
 defense  and,  if  the request was untimely, a finding of good cause for
 the delay. Where a prosecutor has not timely served  a  written  refusal
 pursuant  to  subdivision four of this section the court must, unless it
 is satisfied that the people have shown good cause  why  such  an  order
 should  not be issued, issue an order requiring the prosecutor to comply
 or providing for any other  order  authorized  by  [subdivision  one  of
 section 240.70] SECTION 245.80 OF THIS PART.
   §  6. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
 procedure law, as added by chapter 763 of the laws of 1974,  is  amended
 to read as follows:
   (c)  granting discovery pursuant to article [240] 245; or
   § 7. Subdivision 1 of section 255.20 of the Criminal procedure law, as
 amended  by  chapter  369  of  the  laws  of 1982, is amended to read as
 follows:
   1. Except as otherwise expressly provided by law, whether the  defend-
 ant is represented by counsel or elects to proceed pro se, all pre-trial
 motions  shall  be served or filed within forty-five days after arraign-
 ment and before commencement of trial, or within such additional time as
 the court may fix upon application of the defendant made prior to  entry
 of  judgment.  In  an action in which EITHER (A) MATERIAL OR INFORMATION
 HAS BEEN DISCLOSED PURSUANT TO PARAGRAPH (M) OR (N) OF  SUBDIVISION  ONE
 OF  SECTION  245.20,  (B)  an eavesdropping warrant and application have
 been furnished pursuant to section 700.70, or (C) a notice of  intention
 to  introduce  evidence has been served pursuant to section 710.30, such
 period shall be extended until forty-five days after the  last  date  of
 such  service.    If the defendant is not represented by counsel and has
 requested an adjournment to obtain counsel or to have counsel  assigned,
 such  forty-five day period shall commence on the date counsel initially
 appears on defendant's behalf.
   § 8. Section 340.30 of the criminal procedure law is amended  to  read
 as follows:
 § 340.30 Pre-trial discovery and notices of defenses.
   The  provisions  of article two hundred [forty] FORTY-FIVE, concerning
 pre-trial discovery by a defendant under indictment in a superior court,
 and article two hundred fifty, concerning pre-trial notice to the people
 by a defendant under indictment in  a  superior  court  who  intends  to
 advance  a  trial defense of mental disease or defect or of alibi, apply
 to a prosecution of an information in a local criminal court.
   § 9. Subdivision 14 of section 400.27 of the criminal  procedure  law,
 as  added  by  chapter  1  of  the  laws  of 1995, is amended to read as
 follows:
   14. (a) At a reasonable time prior to the sentencing proceeding  or  a
 mental retardation hearing:
   [(i)] the prosecutor shall, unless previously disclosed and subject to
 a  protective  order, make available to the defendant the statements and
 information specified in subdivision one of section [240.45]  245.20  OF
 THIS  PART  and make available for inspection, photographing, copying or
 testing the property specified in subdivision one  of  section  [240.20;
 and
   (ii) the defendant shall, unless previously disclosed and subject to a
 protective  order,  make available to the prosecution the statements and
 information specified in subdivision two  of  section  240.45  and  make
 available  for inspection, photographing, copying or testing, subject to

 A. 9505--C                         46

 constitutional limitations, the reports, documents  and  other  property
 specified in subdivision one of section 240.30] 245.20 OF THIS PART.
   (b) Where a party refuses to make disclosure pursuant to this section,
 the provisions of section [240.35, subdivision one of section 240.40 and
 section 240.50] 245.70, 245.75 AND/OR 245.80 OF THIS PART shall apply.
   (c)  If,  after  complying  with  the provisions of this section or an
 order pursuant thereto, a party finds either before or during a sentenc-
 ing  proceeding  or  mental  retardation  hearing,  additional  material
 subject to discovery or covered by court order, the party shall promptly
 make disclosure or apply for a protective order.
   (d)  If  the court finds that a party has failed to comply with any of
 the provisions of this section, the court may [enter] EMPLOY any of  the
 [orders]  REMEDIES  OR SANCTIONS specified in subdivision one of section
 [240.70] 245.80 OF THIS PART.
   § 10. The opening paragraph of  paragraph  (b)  of  subdivision  1  of
 section  440.30 of the criminal procedure law, as added by chapter 19 of
 the laws of 2012, is amended to read as follows:
   In conjunction with the filing or consideration of a motion to  vacate
 a  judgment  pursuant  to  section 440.10 of this article by a defendant
 convicted after a trial, in cases where the court has ordered an eviden-
 tiary hearing upon such motion, the court  may  order  that  the  people
 produce or make available for inspection property[, as defined in subdi-
 vision  three of section 240.10 of this part,] in its possession, custo-
 dy, or control that was secured in connection with the investigation  or
 prosecution  of the defendant upon credible allegations by the defendant
 and a finding by the court that such property,  if  obtained,  would  be
 probative to the determination of defendant's actual innocence, and that
 the  request is reasonable. The court shall deny or limit such a request
 upon a finding that such a  request,  if  granted,  would  threaten  the
 integrity  or chain of custody of property or the integrity of the proc-
 esses or functions of a laboratory conducting DNA testing, pose  a  risk
 of  harm,  intimidation, embarrassment, reprisal, or other substantially
 negative consequences to any person, undermine the proper  functions  of
 law  enforcement  including the confidentiality of informants, or on the
 basis of any other factor identified by the court in  the  interests  of
 justice  or public safety. The court shall further ensure that any prop-
 erty produced pursuant to this paragraph  is  subject  to  a  protective
 order, where appropriate. The court shall deny any request made pursuant
 to this paragraph where:
   §  11.  Subdivision 10 of section 450.10 of the penal law, as added by
 chapter 795 of the laws of 1984, is amended to read as follows:
   10. Where there has been a failure to comply with  the  provisions  of
 this  section,  and  where the district attorney does not demonstrate to
 the satisfaction of the court that  such  failure  has  not  caused  the
 defendant  prejudice,  the  court  shall  instruct  the jury that it may
 consider such failure  in  determining  the  weight  to  be  given  such
 evidence and may also impose any other sanction set forth in subdivision
 one  of section [240.70] 245.80 of the criminal procedure law; provided,
 however, that unless the defendant has convinced  the  court  that  such
 failure has caused him undue prejudice, the court shall not preclude the
 district  attorney  from  introducing into evidence the property, photo-
 graphs, photocopies, or other reproductions of the  property  or,  where
 appropriate,  testimony  concerning  its value and condition, where such
 evidence is otherwise properly authenticated and  admissible  under  the
 rules  of  evidence.  Failure  to  comply  with  any  one or more of the

 A. 9505--C                         47
 
 provisions of this section shall not for that reason  alone  be  grounds
 for dismissal of the accusatory instrument.
   §  12. Section 460.80 of the penal law, as added by chapter 516 of the
 laws of 1986, is amended to read as follows:
 § 460.80 Court ordered disclosure.
   Notwithstanding the provisions of article two hundred  [forty]  FORTY-
 FIVE  of  the criminal procedure law, when forfeiture is sought pursuant
 to section 460.30 of this [chapter] ARTICLE, the court may order discov-
 ery of any property  not  otherwise  disclosed  which  is  material  and
 reasonably  necessary  for  preparation by the defendant with respect to
 the forfeiture proceeding pursuant to such section. The court may  issue
 a protective order denying, limiting, conditioning, delaying or regulat-
 ing  such discovery where a danger to the integrity of physical evidence
 or a substantial risk of physical harm, intimidation, economic reprisal,
 bribery or unjustified annoyance or embarrassment to any  person  or  an
 adverse  effect  upon the legitimate needs of law enforcement, including
 the protection of the confidentiality of informants, or any other factor
 or set of factors outweighs the usefulness of the discovery.
   § 13. Subdivision 5 of section 480.10 of the penal law,  as  added  by
 chapter 655 of the laws of 1990, is amended to read as follows:
   5.  In  addition  to  information required to be disclosed pursuant to
 article two hundred [forty] FORTY-FIVE of the  criminal  procedure  law,
 when  forfeiture  is  sought pursuant to this article, and following the
 defendant's arraignment on the special forfeiture information, the court
 shall order discovery of any information not otherwise  disclosed  which
 is  material  and  reasonably necessary for preparation by the defendant
 with respect to a forfeiture proceeding brought pursuant to  this  arti-
 cle.  Such  material  shall  include  those  portions  of the grand jury
 minutes and such other information which pertain solely to  the  special
 forfeiture  information and shall not include information which pertains
 to the criminal charges. Upon application of the prosecutor,  the  court
 may  issue a protective order pursuant to section [240.40] 245.70 of the
 criminal procedure law with respect to any information  required  to  be
 disclosed pursuant to this subdivision.
   §  14.  This act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, the amendments to section 65.20 of
 the criminal procedure law made by section four of this  act  shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with.
 
                                  PART E
 
   Section 1. The opening paragraph and paragraph (a) of subdivision 1 of
 section 1311 of the civil practice law and rules, the opening  paragraph
 as amended by chapter 655 of the laws of 1990 and paragraph (a) as added
 by chapter 669 of the laws of 1984, are amended to read as follows:
   A  civil action may be commenced by the appropriate claiming authority
 against a criminal defendant to recover the property  which  constitutes
 the proceeds of a crime, the substituted proceeds of a crime, an instru-
 mentality of a crime or the real property instrumentality of a crime [or
 to  recover  a  money  judgment  in an amount equivalent in value to the
 property which constitutes the proceeds  of  a  crime,  the  substituted
 proceeds of a crime, an instrumentality of a crime, or the real property
 instrumentality  of a crime].  A civil action may be commenced against a
 non-criminal defendant to recover the  property  which  constitutes  the
 proceeds  of a crime, the substituted proceeds of a crime, an instrumen-

 A. 9505--C                         48
 
 tality of a crime, or the  real  property  instrumentality  of  a  crime
 provided,  however, that a judgment of forfeiture predicated upon clause
 (A) of subparagraph (iv) of paragraph (b) of subdivision three  [hereof]
 OF  THIS  SECTION  shall be limited to the amount of the proceeds of the
 crime. Any action under this article must be commenced within five years
 of the commission of the crime and shall  be  civil,  remedial,  and  in
 personam  in  nature and shall not be deemed to be a penalty or criminal
 forfeiture for any purpose. Except as otherwise  specially  provided  by
 statute,  the  proceedings  under this article shall be governed by this
 chapter. An action under this article is not a criminal  proceeding  and
 may  not  be  deemed to be a previous prosecution under article forty of
 the criminal procedure law.
   (a) Actions relating to post-conviction forfeiture crimes.  An  action
 relating  to  a post-conviction forfeiture crime must be grounded upon a
 conviction of a felony defined in subdivision five of section one  thou-
 sand three hundred ten of this article[, or upon criminal activity aris-
 ing  from a common scheme or plan of which such a conviction is a part,]
 or upon a count of an indictment or information alleging a felony  which
 was  dismissed  at the time of a plea of guilty to a felony in satisfac-
 tion of such  count.  A  court  may  not  grant  forfeiture  until  such
 conviction  has  occurred.  However,  an  action may be commenced, and a
 court may grant a provisional remedy provided under this article,  prior
 to such conviction having occurred.  An action under this paragraph must
 be  dismissed  at  any  time after sixty days of the commencement of the
 action unless the conviction upon  which  the  action  is  grounded  has
 occurred,  or  an  indictment  or  information  upon  which the asserted
 conviction is to be based is pending in  a  superior  court.  An  action
 under  this  paragraph shall be stayed during the pendency of a criminal
 action which is related to it; provided, however, that such  stay  shall
 not  prevent  the  granting  or  continuance  of  any provisional remedy
 provided under this article or any other provisions of law.
   § 2. The civil practice law and rules  is  amended  by  adding  a  new
 section 1311-b to read as follows:
   § 1311-B. MONEY JUDGMENT. IF A CLAIMING AUTHORITY OBTAINS A FORFEITURE
 JUDGMENT  AGAINST  A  DEFENDANT  FOR THE PROCEEDS, SUBSTITUTED PROCEEDS,
 INSTRUMENTALITY OF A CRIME OR REAL PROPERTY INSTRUMENTALITY OF A  CRIME,
 BUT  IS  UNABLE TO LOCATE ALL OR PART OF ANY SUCH PROPERTY, THE CLAIMING
 AUTHORITY MAY APPLY TO THE  COURT  FOR  A  MONEY  JUDGMENT  AGAINST  THE
 DEFENDANT  IN  THE  AMOUNT  OF  THE VALUE OF THE FORFEITED PROPERTY THAT
 CANNOT BE LOCATED. THE DEFENDANT SHALL HAVE THE RIGHT TO  CHALLENGE  THE
 VALUATION OF ANY PROPERTY THAT IS THE BASIS FOR SUCH AN APPLICATION. THE
 CLAIMING  AUTHORITY  SHALL  HAVE THE BURDEN OF ESTABLISHING THE VALUE OF
 THE PROPERTY UNDER THIS SECTION BY A PREPONDERANCE OF THE EVIDENCE.
   § 3. Subdivisions 1, 3 and 4 of section 1312 of the civil practice law
 and rules, subdivision 1 as added by chapter 669 of the  laws  of  1984,
 subdivision  3  as  amended and subdivision 4 as added by chapter 655 of
 the laws of 1990, are amended to read as follows:
   1. The provisional remedies of  attachment,  injunction,  receivership
 and  notice  of  pendency provided for herein, shall be available in all
 actions to recover property [or for a money judgment] under  this  arti-
 cle.
   3.  A  court may grant an application for a provisional remedy when it
 determines that: (a) there is a substantial probability that the  claim-
 ing  authority will BE ABLE TO DEMONSTRATE AT TRIAL THAT THE PROPERTY IS
 THE PROCEEDS, SUBSTITUTED PROCEEDS, INSTRUMENTALITY OF THE CRIME OR REAL
 PROPERTY INSTRUMENTALITY OF THE CRIME, THAT THE CLAIMING AUTHORITY  WILL

 A. 9505--C                         49
 
 prevail  on the issue of forfeiture, and that failure to enter the order
 may result in the property being destroyed, removed from  the  jurisdic-
 tion  of  the court, or otherwise be unavailable for forfeiture; (b) the
 need  to  preserve the availability of the property through the entry of
 the requested order outweighs the hardship on any party against whom the
 order may operate; and (c) in an action relating to real property,  that
 entry of the requested order will not substantially diminish, impair, or
 terminate  the  lawful  property  interest  in such real property of any
 person or persons other than the defendant or defendants.
   4. Upon motion of any party against whom a provisional remedy  granted
 pursuant  to  this  article  is  in effect, the court may issue an order
 modifying or vacating such provisional remedy if necessary to permit the
 moving party to obtain  funds  for  the  payment  of  reasonable  living
 expenses, other costs or expenses related to the maintenance, operation,
 or preservation of property which is the subject of any such provisional
 remedy  or reasonable and bona fide attorneys' fees and expenses for the
 representation of the defendant in the forfeiture  proceeding  or  in  a
 related  criminal  matter  relating  thereto,  payment  for which is not
 otherwise available from assets of the defendant which are  not  subject
 to  such  provisional  remedy.  Any such motion shall be supported by an
 affidavit establishing the unavailability of other assets of the  moving
 party  which  are not the subject of such provisional remedy for payment
 of such expenses or fees. THAT FUNDS SOUGHT TO BE  RELEASED  UNDER  THIS
 SUBDIVISION  ARE  ALLEGED  TO  BE  THE  PROCEEDS,  SUBSTITUTED PROCEEDS,
 INSTRUMENTALITY OF A CRIME OR REAL PROPERTY INSTRUMENTALITY OF  A  CRIME
 SHALL  NOT  BE  A  FACTOR FOR THE COURT IN CONSIDERING AND DETERMINING A
 MOTION MADE PURSUANT TO THIS SUBDIVISION.
   § 4. The opening paragraph of subdivision 2 of  section  1349  of  the
 civil  practice  law  and  rules, as added by chapter 655 of the laws of
 1990, is amended to read as follows:
   If any other provision of law expressly governs the manner of disposi-
 tion of property subject to the judgment or order  of  forfeiture,  that
 provision of law shall be controlling, WITH THE EXCEPTION THAT, NOTWITH-
 STANDING  THE  PROVISIONS  OF  ANY  OTHER  LAW, ALL FORFEITED MONIES AND
 PROCEEDS FROM FORFEITED PROPERTY SHALL BE DEPOSITED INTO  AND  DISBURSED
 FROM  AN  ASSET  FORFEITURE  ESCROW FUND ESTABLISHED PURSUANT TO SECTION
 SIX-T OF THE GENERAL MUNICIPAL LAW, WHICH SHALL GOVERN  THE  MAINTENANCE
 OF  SUCH  MONIES AND PROCEEDS FROM FORFEITED PROPERTY.  Upon application
 by a claiming agent for reimbursement of moneys directly expended  by  a
 claiming agent in the underlying criminal investigation for the purchase
 of  contraband  which  were  converted into a non-monetary form or which
 have  not  been  otherwise  recovered,  the  court  shall  direct   such
 reimbursement from money forfeited pursuant to this article. Upon appli-
 cation  of  the  claiming agent, the court may direct that any vehicles,
 vessels or aircraft forfeited pursuant to this article  be  retained  by
 the claiming agent for law enforcement purposes, unless the court deter-
 mines  that  such property is subject to a perfected lien, in which case
 the court may not direct that the property be retained unless  all  such
 liens  on the property to be retained have been satisfied or pursuant to
 the court's order will be satisfied. In the absence of an application by
 the claiming agent, the claiming authority may apply  to  the  court  to
 retain  such  property  for law enforcement purposes. Upon such applica-
 tion, the court may direct that such property be retained by the  claim-
 ing  authority for law enforcement purposes, unless the court determines
 that such property is subject to a perfected lien. If not  so  retained,
 the  judgment  or  order shall direct the claiming authority to sell the

 A. 9505--C                         50
 
 property in accordance with article fifty-one of this chapter, and  that
 the proceeds of such sale and any other moneys realized as a consequence
 of  any  forfeiture  pursuant  to  this article SHALL BE DEPOSITED TO AN
 ASSET  FORFEITURE  ESCROW  FUND ESTABLISHED PURSUANT TO SECTION SIX-T OF
 THE GENERAL MUNICIPAL LAW AND shall  be  apportioned  and  paid  in  the
 following descending order of priority:
   §  5.  Section  1349 of the civil practice law and rules is amended by
 adding a new subdivision 5 to read as follows:
   5. MONIES AND PROCEEDS FROM THE SALE OF PROPERTY REALIZED AS A  CONSE-
 QUENCE  OF  ANY FORFEITURE DISTRIBUTED TO THE CLAIMING AGENT OR CLAIMING
 AUTHORITY OF ANY COUNTY, TOWN, CITY, OR VILLAGE OF  WHICH  THE  CLAIMING
 AGENT  OR  CLAIMING  AUTHORITY IS A PART, SHALL BE DEPOSITED TO AN ASSET
 FORFEITURE ESCROW FUND ESTABLISHED PURSUANT  TO  SECTION  SIX-T  OF  THE
 GENERAL MUNICIPAL LAW.
   § 6. Subdivision 2 of section 700 of the county law is amended to read
 as follows:
   2. Within thirty days after the receipt of any fine, penalty, recovery
 upon  any  recognizance,  MONIES  AND PROCEEDS FROM THE SALE OF PROPERTY
 REALIZED AS A CONSEQUENCE OF ANY FORFEITURE, or other money belonging to
 the county, the district attorney OR THE CLAIMING  AUTHORITY  shall  pay
 the same to the county treasurer. Not later than the first day of Febru-
 ary  in each year, the district attorney shall make in duplicate a veri-
 fied true statement of all such moneys received and paid to  the  county
 treasurer  during the preceding calendar year and at that time shall pay
 to the  county  treasurer  any  balance  due.  One  statement  shall  be
 furnished  to  the county treasurer [and the other], ONE to the clerk of
 the board of supervisors AND ONE TO THE STATE COMPTROLLER.   A  district
 attorney  who  is not re-elected shall make and file the verified state-
 ment and pay any balance of such moneys to the county  treasurer  within
 thirty days after the expiration of his term.
   §  7. The general municipal law is amended by adding a new section 6-t
 to read as follows:
   § 6-T. ASSET FORFEITURE ESCROW FUND. 1. AS USED IN THIS SECTION:
   A. THE TERM "GOVERNING BOARD", INSOFAR AS IT IS USED IN REFERENCE TO A
 VILLAGE, SHALL MEAN THE BOARD OF TRUSTEES THEREOF; INSOFAR AS IT IS USED
 IN REFERENCE TO A TOWN, SHALL MEAN THE TOWN BOARD THEREOF; INSOFAR AS IT
 IS USED IN REFERENCE TO A COUNTY, SHALL MEAN THE BOARD OF SUPERVISORS OR
 THE COUNTY LEGISLATURE THEREOF, AS APPLICABLE; INSOFAR AS IT IS USED  IN
 REFERENCE  TO A CITY, SHALL MEAN THE "LEGISLATIVE BODY" THEREOF, AS THAT
 TERM IS DEFINED IN SUBDIVISION SEVEN OF SECTION  TWO  OF  THE  MUNICIPAL
 HOME RULE LAW.
   B. THE TERM "CHIEF FISCAL OFFICER" SHALL MEAN:
   (I) IN THE CASE OF COUNTIES OPERATING UNDER (1) AN ALTERNATIVE FORM OF
 COUNTY GOVERNMENT OR CHARTER ENACTED AS A STATE STATUTE OR ADOPTED UNDER
 THE  ALTERNATIVE  COUNTY  GOVERNMENT  LAW  OR BY LOCAL LAW, THE OFFICIAL
 DESIGNATED IN SUCH STATUTE, CONSOLIDATED LAW OR LOCAL LAW AS  THE  CHIEF
 FISCAL OFFICER, OR, IF NO SUCH DESIGNATION IS MADE THEREIN, THE OFFICIAL
 POSSESSING  POWERS  AND  DUTIES  SIMILAR  TO THOSE OF A COUNTY TREASURER
 UNDER THE COUNTY LAW AS SHALL BE DESIGNATED BY LOCAL LAW.
   (2) IN THE CASE OF COUNTIES NOT OPERATING UNDER AN ALTERNATIVE FORM OF
 COUNTY GOVERNMENT OR CHARTER ENACTED AS A STATE STATUTE OR ADOPTED UNDER
 THE ALTERNATIVE COUNTY GOVERNMENT LAW OR BY LOCAL  LAW,  THE  TREASURER,
 EXCEPT THAT, IN THE CASE OF COUNTIES HAVING A COMPTROLLER, IT SHALL MEAN
 THE COMPTROLLER.
   (II) IN THE CASE OF CITIES, THE COMPTROLLER; IF A CITY DOES NOT HAVE A
 COMPTROLLER,  THE  TREASURER;  IF A CITY HAS NEITHER A COMPTROLLER NOR A

 A. 9505--C                         51
 
 TREASURER, SUCH OFFICIAL POSSESSING POWERS AND DUTIES SIMILAR  TO  THOSE
 OF  A  CITY  TREASURER AS THE FINANCE BOARD SHALL, BY RESOLUTION, DESIG-
 NATE. A CERTIFIED COPY OF SUCH DESIGNATION SHALL BE FILED WITH THE STATE
 COMPTROLLER AND SHALL BE A PUBLIC RECORD.
   (III)  IN  THE  CASE OF TOWNS, THE TOWN SUPERVISOR; IF A TOWN HAS MORE
 THAN ONE SUPERVISOR, THE PRESIDING SUPERVISOR.
   (IV) IN THE CASE OF VILLAGES, THE VILLAGE TREASURER.
   C. THE TERM "CLAIMING AUTHORITY"  SHALL  MEAN  THE  DISTRICT  ATTORNEY
 HAVING JURISDICTION OVER THE OFFENSE OR THE ATTORNEY GENERAL FOR PURPOSE
 OF THOSE CRIMES FOR WHICH THE ATTORNEY GENERAL HAS CRIMINAL JURISDICTION
 IN  A  CASE  WHERE  THE UNDERLYING CRIMINAL CHARGE HAS BEEN, IS BEING OR
 COULD HAVE BEEN BROUGHT BY THE  ATTORNEY  GENERAL,  OR  THE  APPROPRIATE
 CORPORATION  COUNSEL  OR COUNTY ATTORNEY, WHERE SUCH CORPORATION COUNSEL
 OR COUNTY ATTORNEY MAY ACT AS A CLAIMING AUTHORITY ONLY WITH THE CONSENT
 OF THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL, AS APPROPRIATE.
   D. THE TERM "CLAIMING AGENT" SHALL MEAN AND SHALL INCLUDE ALL  PERSONS
 DESCRIBED  IN  SUBDIVISION  THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL
 PROCEDURE LAW, AND SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS OF  COUN-
 TIES WITHIN THE CITY OF NEW YORK.
   2.  THE  GOVERNING BOARD SHALL AUTHORIZE THE ESTABLISHMENT OF AN ASSET
 FORFEITURE ESCROW FUND FOR ANY CLAIMING AGENT OR CLAIMING  AUTHORITY  AS
 IS  DEEMED  NECESSARY  FOR  THE  MONIES AND PROCEEDS OF SALE OF PROPERTY
 REALIZED  AS A CONSEQUENCE OF ANY FORFEITURE. THE SEPARATE  IDENTITY  OF
 SUCH FUND SHALL BE MAINTAINED.
   3.  THERE  SHALL  BE  PAID  INTO  THE ASSET FORFEITURE ESCROW FUND ALL
 PROCEEDS REALIZED AS A CONSEQUENCE OF ANY FORFEITURE ACTION.  SUCH FUNDS
 SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL FUNDS AND ANY PROPERTY (REAL,
 PERSONAL, TANGIBLE AND/OR INTANGIBLE) THAT  ARE  FORFEITED  PURSUANT  TO
 AGREEMENT  OR  OTHERWISE  PRIOR  TO,  IN LIEU OF OR AFTER THE LODGING OF
 CRIMINAL CHARGES, PRE-INDICTMENT, POST-INDICTMENT, OR  AFTER  CONVICTION
 BY PLEA OR TRIAL. SUCH FUNDS SHALL ALSO INCLUDE FUNDS THAT ARE FORFEITED
 IN COMPROMISE OF CHARGES THAT ARE NEVER BROUGHT.
   4.  THE  MONIES AND PROCEEDS IN THE ASSET FORFEITURE ESCROW FUND SHALL
 BE DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION TEN  OF  THIS
 ARTICLE.    ALL  MONIES  AND PROCEEDS SO DEPOSITED IN SUCH FUND SHALL BE
 KEPT IN A SEPARATE BANK ACCOUNT. THE CHIEF FISCAL OFFICER MAY INVEST THE
 MONEYS IN SUCH FUND IN THE MANNER PROVIDED IN  SECTION  ELEVEN  OF  THIS
 ARTICLE.  ANY INTEREST EARNED OR CAPITAL GAINS REALIZED ON THE MONEYS SO
 DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH FUND.  THE
 SEPARATE  IDENTITY  OF SUCH FUND SHALL BE MAINTAINED, WHETHER ITS ASSETS
 CONSIST OF CASH, INVESTMENTS, OR BOTH.
   5. EVERY CLAIM FOR THE PAYMENT OF  MONEY  FROM  THE  ASSET  FORFEITURE
 ESCROW  FUND SHALL SPECIFY THE PURPOSE OF THE REQUESTED PAYMENT AND MUST
 BE ACCOMPANIED BY A WRITTEN CERTIFICATION THAT  THE  EXPENDITURE  IS  IN
 COMPLIANCE  WITH  ALL APPLICABLE LAWS.  PAYMENTS FROM SUCH FUND SHALL BE
 MADE BY THE CHIEF FISCAL OFFICER SUBJECT TO THE  REQUIRED  CERTIFICATION
 AND THE DETERMINATION OF FUND SUFFICIENCY.
   6.  THE  CHIEF FISCAL OFFICER, AT THE TERMINATION OF EACH FISCAL YEAR,
 SHALL RENDER A DETAILED REPORT OF THE OPERATION  AND  CONDITION  OF  THE
 ASSET  FORFEITURE ESCROW FUND TO THE GOVERNING BOARD AND THE STATE COMP-
 TROLLER. SUCH REPORT SHALL BE SUBJECT  TO  EXAMINATION  AND  AUDIT.  THE
 CHIEF  FISCAL  OFFICER MAY ACCOUNT FOR SUCH FUND SEPARATE AND APART FROM
 ALL OTHER FUNDS OF THE VILLAGE, TOWN, COUNTY, AND CITY.
   § 8. Section 1352 of the civil practice law and  rules,  as  added  by
 chapter 669 of the laws of 1984, is amended to read as follows:

 A. 9505--C                         52
 
   §  1352.  Preservation  of  other  rights  and  remedies. The remedies
 provided for in this article are not intended to substitute for or limit
 or [supercede] SUPERSEDE the lawful authority of any public  officer  or
 agency or other person to enforce any other right or remedy provided for
 by law. THE EXERCISE OF SUCH LAWFUL AUTHORITY IN THE FORFEITURE OF PROP-
 ERTY ALLEGED TO BE THE PROCEEDS, SUBSTITUTE PROCEEDS, INSTRUMENTALITY OF
 A  CRIME  OR  REAL  PROPERTY  INSTRUMENTALITY  OF CRIME MUST INCLUDE THE
 PROVISION OF A PROMPT OPPORTUNITY TO BE HEARD FOR THE  OWNER  OF  SEIZED
 PROPERTY  IN  ORDER  TO  ENSURE  THE LEGITIMACY AND THE NECESSITY OF ITS
 CONTINUED RETENTION BY LAW ENFORCEMENT, AS WELL AS CLEAR NOTICE OF DEAD-
 LINES FOR ACCOMPLISHING THE RETURN OF SUCH PROPERTY.
   § 9. Subdivision 11 of section 1311 of  the  civil  practice  law  and
 rules is amended by adding a new paragraph (d) to read as follows:
   (D) ANY STIPULATION, SETTLEMENT AGREEMENT, JUDGEMENT, ORDER OR AFFIDA-
 VIT  REQUIRED  TO  BE  GIVEN  TO  THE STATE DIVISION OF CRIMINAL JUSTICE
 SERVICES PURSUANT TO THIS SUBDIVISION SHALL INCLUDE THE DEFENDANT'S NAME
 AND SUCH OTHER DEMOGRAPHIC DATA AS REQUIRED BY  THE  STATE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES.
   §  10.  Subdivision 6 of section 220.50 of the criminal procedure law,
 as added by chapter 655 of the laws of  1990,  is  amended  to  read  as
 follows:
   6. Where the defendant consents to a plea of guilty to the indictment,
 or  part  of  the  indictment,  or consents to be prosecuted by superior
 court information as set forth in section 195.20 of this chapter, and if
 the defendant and prosecutor agree that as a condition of  the  plea  or
 the  superior  court  information certain property shall be forfeited by
 the defendant, the description and present estimated monetary  value  of
 the  property  shall be stated in court by the prosecutor at the time of
 plea. Within thirty days of the acceptance of the plea or superior court
 information by the court, the prosecutor shall send to the  commissioner
 of  the  division of criminal justice services a document containing the
 name of the defendant, the description and  present  estimated  monetary
 value  of  the  property,  ANY OTHER DEMOGRAPHIC DATA AS REQUIRED BY THE
 DIVISION OF CRIMINAL JUSTICE SERVICES and the date the plea or  superior
 court  information was accepted. Any property forfeited by the defendant
 as a condition to a plea of guilty to an indictment, or a part  thereof,
 or  to  a superior court information, shall be disposed of in accordance
 with the provisions of section thirteen hundred forty-nine of the  civil
 practice law and rules.
   §  11.  Subdivision  4 of section 480.10 of the penal law, as added by
 chapter 655 of the laws of 1990, is amended to read as follows:
   4. The prosecutor shall promptly file a copy of the special forfeiture
 information, including the terms thereof, with  the  state  division  of
 criminal  justice  services  and  with  the local agency responsible for
 criminal justice planning. Failure to file such information shall not be
 grounds for any relief under this chapter.  THE  PROSECUTOR  SHALL  ALSO
 REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES WHEN FILING A COPY OF THE SPECIAL FORFEITURE INFOR-
 MATION WITH THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  12.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law and shall apply to  crimes  which  were
 committed on or after such date.
 
                                  PART F

 A. 9505--C                         53
 
   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 A of chapter 55 of the laws of 2017,  is  amended  to
 read as follows:
   §  2.  This act shall take effect immediately and shall remain in full
 force and effect until March 31, [2018] 2019, when it shall  expire  and
 be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G

   Section  1.  Section  602 of the correction law, as amended by chapter
 891 of the laws of 1962, is amended to read as follows:
   § 602. Expenses of sheriff for transporting prisoners.  For  conveying
 a  prisoner  or  prisoners to a state prison from the county prison, the
 sheriff or person having charge of the same shall be reimbursed for  the
 amount of expenses actually and necessarily incurred by him for railroad
 fare  or  cost  of  other  transportation and for cost of maintenance of
 himself and each prisoner in going to the prison, and for  his  railroad
 fare  or other cost of transportation in returning home, and cost of his
 maintenance while so returning. [The county shall be  reimbursed  for  a
 portion  of  the salary of such sheriff or person for the period, not to
 exceed thirty-six hours, from the commencement  of  transportation  from
 the  county prison to the return of such sheriff or person to the county
 prison, the amount of such reimbursement to be computed by adding to the
 amount of such  salary  the  total  amount  of  the  aforesaid  expenses
 incurred  for  transportation and maintenance and reducing the resulting
 aggregate amount, first, by fifty per centum of  such  aggregate  amount
 and,  second, by the total amount of the aforesaid expenses incurred for
 transportation and maintenance.]
   § 2. This act shall take effect April 1, 2018.
 
                                  PART H
 
   Section 1. Subparagraph (iv) of paragraph  (d)  of  subdivision  1  of
 section  803 of the correction law, as added by section 7 of chapter 738
 of the laws of 2004, is amended to read as follows:
   (iv) Such merit time allowance may be granted when an inmate  success-
 fully  participates  in the work and treatment program assigned pursuant
 to section eight hundred five of  this  article  and  when  such  inmate
 obtains  a  general  equivalency diploma, an alcohol and substance abuse
 treatment certificate, a vocational trade certificate following at least
 six months of  vocational  programming  [or],  performs  at  least  four
 hundred hours of service as part of a community work crew OR SUCCESSFUL-
 LY  COMPLETES  AT LEAST TWO CONSECUTIVE SEMESTERS OF COLLEGE PROGRAMMING
 WITH NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED  AT
 THE  CORRECTIONAL  FACILITY  BY A COLLEGE APPROVED BY THE NEW YORK STATE
 BOARD OF REGENTS.
   Such allowance shall be withheld for any serious disciplinary  infrac-
 tion  or upon a judicial determination that the person, while an inmate,
 commenced or continued a civil action,  proceeding  or  claim  that  was
 found  to  be  frivolous  as defined in subdivision (c) of section eight
 thousand three hundred three-a of the civil practice law and  rules,  or
 an  order of a federal court pursuant to rule 11 of the federal rules of

 A. 9505--C                         54
 
 civil procedure imposing sanctions in an action commenced by  a  person,
 while an inmate, against a state agency, officer or employee.
   §  2.  Subparagraph  (iv) of paragraph (d) of subdivision 1 of section
 803 of the correction law, as added by section 10-a of  chapter  738  of
 the laws of 2004, is amended to read as follows:
   (iv)  Such merit time allowance may be granted when an inmate success-
 fully participates in the work and treatment program  assigned  pursuant
 to  section  eight  hundred  five  of  this article and when such inmate
 obtains a general equivalency diploma, an alcohol  and  substance  abuse
 treatment certificate, a vocational trade certificate following at least
 six  months  of  vocational  programming  [or],  performs  at least four
 hundred hours of service as part of a community work crew OR SUCCESSFUL-
 LY COMPLETES AT LEAST TWO CONSECUTIVE SEMESTERS OF  COLLEGE  PROGRAMMING
 WITH  NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED AT
 THE CORRECTIONAL FACILITY BY A COLLEGE APPROVED BY THE  NEW  YORK  STATE
 BOARD OF REGENTS.
   Such  allowance shall be withheld for any serious disciplinary infrac-
 tion or upon a judicial determination that the person, while an  inmate,
 commenced  or  continued  a  civil  action, proceeding or claim that was
 found to be frivolous as defined in subdivision  (c)  of  section  eight
 thousand  three  hundred three-a of the civil practice law and rules, or
 an order of a federal court pursuant to rule 11 of the federal rules  of
 civil  procedure  imposing sanctions in an action commenced by a person,
 while an inmate, against a state agency, officer or employee.
   § 3. Paragraph (c) of subdivision 1 of section 803-b of the correction
 law, as amended by section 1 of part E of chapter  55  of  the  laws  of
 2017, is amended to read as follows:
   (c) "significant programmatic accomplishment" means that the inmate:
   (i) participates in no less than two years of college programming; or
   (ii) obtains a masters of professional studies degree; or
   (iii)  successfully participates as an inmate program associate for no
 less than two years; or
   (iv) receives a certification from the state department of  labor  for
 his or her successful participation in an apprenticeship program; or
   (v)  successfully  works  as  an inmate hospice aid for a period of no
 less than two years; or
   (vi) successfully works in the division  of  correctional  industries'
 optical  program for no less than two years and receives a certification
 as an optician from the American board of opticianry; or
   (vii) receives an asbestos handling certificate from the department of
 labor upon successful completion of the training program and then  works
 in  the  division of correctional industries' asbestos abatement program
 as a hazardous materials removal worker or group leader for no less than
 eighteen months; or
   (viii) successfully completes the course  curriculum  and  passes  the
 minimum  competency  screening  process performance examination for sign
 language interpreter, and then works as a sign language interpreter  for
 deaf inmates for no less than one year; or
   (ix) successfully works in the puppies behind bars program for a peri-
 od of no less than two years; or
   (x)  successfully  participates  in a vocational culinary arts program
 for a period of no less than two years and earns a servsafe  certificate
 that is recognized by the national restaurant association; or
   (xi)  successfully  completes  the  four  hundred ninety hour training
 program while assigned to a department of motor  vehicles  call  center,

 A. 9505--C                         55
 
 and  continues  to work at such call center for an additional twenty-one
 months; or
   (xii)  receives  a  certificate  from the food production center in an
 assigned position following the completion of no less than eight hundred
 hours of work in such position, and continues to work for an  additional
 eighteen months at the food production center[.]; OR
   (XIII)  SUCCESSFULLY  COMPLETES  A  COSMETOLOGY  TRAINING  PROGRAM AND
 RECEIVES A LICENSE FROM THE NEW YORK  STATE  DEPARTMENT  OF  STATE,  AND
 THEREAFTER  PARTICIPATES  IN  SUCH  PROGRAM FOR A PERIOD OF NO LESS THAN
 EIGHTEEN MONTHS; OR
   (XIV) SUCCESSFULLY COMPLETES A BARBERING TRAINING PROGRAM AND RECEIVES
 A LICENSE FROM THE NEW YORK STATE DEPARTMENT OF  STATE,  AND  THEREAFTER
 PARTICIPATES  IN  SUCH  PROGRAM  FOR  A  PERIOD OF NO LESS THAN EIGHTEEN
 MONTHS; OR
   (XV) SUCCESSFULLY PARTICIPATES IN A COMPUTER OPERATOR,  GENERAL  BUSI-
 NESS  OR  COMPUTER INFORMATION TECHNOLOGY AND SUPPORT VOCATIONAL PROGRAM
 FOR NO LESS THAN TWO YEARS, AND  EARNS  A  MICROSOFT  OFFICE  SPECIALIST
 CERTIFICATION  FOR  MICROSOFT  WORD,  MICROSOFT  POWERPOINT OR MICROSOFT
 EXCEL, FOLLOWING THE ADMINISTRATION OF AN EXAMINATION; OR
   (XVI) SUCCESSFULLY COMPLETES  THE  THINKING  FOR  A  CHANGE  COGNITIVE
 BEHAVIORAL  TREATMENT PROGRAM WITHIN PHASE TWO OF TRANSITIONAL SERVICES,
 AND THEREAFTER, IS EMPLOYED IN THE WORK RELEASE PROGRAM FOR A PERIOD  OF
 AT LEAST EIGHTEEN MONTHS.
   § 4. This act shall take effect April 1, 2018; provided, however, that
 the amendments to subparagraph (iv) of paragraph (d) of subdivision 1 of
 section  803 of the correction law made by section one of this act shall
 be subject to the expiration and reversion of such section  pursuant  to
 subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
 amended, when upon such date the provisions of section two of  this  act
 shall take effect.
 
                                  PART I
 
   Section  1.  Subdivision  9  of  section  201 of the correction law is
 REPEALED.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART J
 
   Section 1. Notwithstanding any provision of law or  governor's  execu-
 tive  order  to  the  contrary  regarding inmate eligibility by crime of
 commitment, the commissioner of corrections and community supervision is
 hereby authorized to initiate two pilot temporary release programs.
   § 2. The first pilot temporary release  program  shall  be  a  college
 educational  leave  program  for  no  more than fifty inmates at any one
 time, who otherwise would be ineligible due to their  crime  of  commit-
 ment,  and  whereby,  to  be  eligible, an inmate shall not be serving a
 sentence for one or more offenses that would render him or her  ineligi-
 ble for a limited credit time allowance as set forth in section 803-b of
 the  correction  law. In addition, to be eligible, such inmate shall not
 have committed a serious disciplinary infraction, maintained an  overall
 negative  institutional  record,  or  received  a disqualifying judicial
 determination that would render him or  her  ineligible  for  a  limited
 credit  time  allowance  as set forth in section 803-b of the correction
 law, and such inmate shall be eligible for release on parole  or  condi-
 tional  release  within  two  years.  An inmate who participates in this

 A. 9505--C                         56
 
 pilot program may also be permitted to leave the premises of the  insti-
 tution for the purposes set forth in subdivision 4 of section 851 of the
 correction law, if otherwise authorized by the department of corrections
 and  community supervision's rules and regulations governing permissible
 furloughs.
   § 3. The second pilot temporary release program shall be a pilot  work
 release  program  for  no  more  than fifty inmates at any one time, who
 otherwise would be ineligible due to  their  crime  of  commitment,  and
 whereby,  to  be eligible, an inmate shall not be serving a sentence for
 one or more offenses that would render  him  or  her  ineligible  for  a
 limited  credit  time  allowance  as  set  forth in section 803-b of the
 correction law. In addition, such inmate  shall  not  have  committed  a
 serious disciplinary infraction, maintained an overall negative institu-
 tional  record,  or received a disqualifying judicial determination that
 would render him or her ineligible for a limited credit  time  allowance
 as  set  forth  in  section 803-b of the correction law and, such inmate
 shall be eligible for release on parole or  conditional  release  within
 two  years. An inmate who participates in the pilot work release program
 may also be permitted to leave the premises of the institution  for  the
 purposes  set  forth  in  subdivision 4 of section 851 of the correction
 law, when authorized by the  department  of  corrections  and  community
 supervision's rules and regulations governing permissible furloughs.
   § 4. Prior to March first of each year thereafter, the commissioner of
 corrections and community supervision shall issue a report to the gover-
 nor, the president of the senate and the speaker of the assembly, on the
 status  of  both pilot programs, which shall include, but not be limited
 to,  information  on  those  correctional  facilities  where  the  pilot
 programs  are established, information about the total number of inmates
 who were approved for each of the pilots, whether  each  inmate  partic-
 ipant  has  been  successful  or  unsuccessful, and information on those
 colleges which participate in the educational leave pilot.
   § 5. This act shall take effect April 1, 2018.
 
                                  PART K

   Section 1. This Part enacts into law major components  of  legislation
 that  remove  unnecessary mandatory bars on licensing and employment for
 people with criminal convictions in the  categories  enumerated  therein
 and  replace them with individualized review processes using the factors
 set out in article 23-A of  the  correction  law,  which  addresses  the
 licensing of such individuals. Each component is wholly contained with a
 Subpart identified as Subparts A through I. Any provision in any section
 contained within a Subpart, including the effective date of the Subpart,
 which  makes  reference  to  a  section  "of  this  act",  when  used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to the corresponding section of the Subpart in which it is found.
 Section three of this Part sets forth the general effective date of this
 Part.

                                 SUBPART A
 
   Section 1. Subdivision 6 of section 369 of the banking law, as amended
 by chapter 164 of the laws of 2003, paragraph (b) as amended by  section
 6  of  part  LL of chapter 56 of the laws of 2010, is amended to read as
 follows:

 A. 9505--C                         57
 
   6. The superintendent may, CONSISTENT WITH ARTICLE  TWENTY-THREE-A  OF
 THE  CORRECTION  LAW, refuse to issue a license pursuant to this article
 if he shall find that the applicant, or any person who  is  a  director,
 officer,  partner,  agent,  employee  or  substantial stockholder of the
 applicant,  (a) has been convicted of a crime in any jurisdiction or (b)
 is associating or consorting with any person who  has,  or  persons  who
 have,  been convicted of a crime or crimes in any jurisdiction or juris-
 dictions[; provided, however, that the superintendent  shall  not  issue
 such a license if he shall find that the applicant, or any person who is
 a director, officer, partner, agent, employee or substantial stockholder
 of  the applicant, has been convicted of a felony in any jurisdiction or
 of a crime which, if committed within this  state,  would  constitute  a
 felony  under  the  laws  thereof].  For the purposes of this article, a
 person shall be deemed to have been convicted of a crime if such  person
 shall  have  pleaded guilty to a charge thereof before a court or magis-
 trate, or shall have been found guilty thereof by the decision or  judg-
 ment  of a court or magistrate or by the verdict of a jury, irrespective
 of the pronouncement of sentence or the suspension thereof[, unless such
 plea of guilty, or such decision, judgment or verdict, shall  have  been
 set aside, reversed or otherwise abrogated by lawful judicial process or
 unless  the  person  convicted of the crime shall have received a pardon
 therefor from the president of the United  States  or  the  governor  or
 other  pardoning  authority in the jurisdiction where the conviction was
 had, or shall have received a certificate of relief from disabilities or
 a certificate of good conduct pursuant to article  twenty-three  of  the
 correction  law  to  remove the disability under this article because of
 such conviction]. The term "substantial stockholder," as  used  in  this
 subdivision,  shall be deemed to refer to a person owning or controlling
 ten per centum or more of the total outstanding stock of the corporation
 in which such person is a stockholder. In making a determination  pursu-
 ant to this subdivision, the superintendent shall require fingerprinting
 of  the  applicant. Such fingerprints shall be submitted to the division
 of criminal justice services for a state criminal history record  check,
 as  defined  in subdivision one of section three thousand thirty-five of
 the education law, and may be submitted to the federal bureau of  inves-
 tigation for a national criminal history record check.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
                           Intentionally Omitted
 
                                 SUBPART C
 
   Section  1.  Clauses  1  and  5  of  paragraph (c) of subdivision 2 of
 section 435 of the executive law, clause 1 as amended by chapter 371  of
 the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
 amended to read as follows:
   (1)  a  person  convicted of a crime [who has not received a pardon, a
 certificate of good conduct or a certificate of  relief  from  disabili-
 ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
 PREVIOUS CRIMINAL OFFENSES  AND  THE  INTEGRITY  AND  SAFETY  OF  BINGO,
 CONSIDERING  THE  FACTORS  SET  FORTH  IN  ARTICLE TWENTY-THREE-A OF THE
 CORRECTION LAW;
   (5) a firm or corporation in which a person defined  in  [subdivision]
 CLAUSE  (1),  (2),  (3)  or  (4)  [above] OF THIS PARAGRAPH, or a person

 A. 9505--C                         58
 
 married or related in the first degree to such  a  person,  has  greater
 than  a ten [per centum] PERCENT proprietary, equitable or credit inter-
 est or in which such a person is active or employed.
   § 2. This act shall take effect immediately.
 
                                 SUBPART D
 
   Section  1.  Subdivision  1  of  section  130 of the executive law, as
 amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
 graph (g) as separately amended by chapter 232  of  the  laws  2010,  is
 amended to read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his  or  her appointment, be a citizen of the United States and either a
 resident of the state of New York or have an office or place of business
 in New York state. A notary public who is a resident of  the  state  and
 who moves out of the state but still maintains a place of business or an
 office  in  New York state does not vacate his or her office as a notary
 public. A notary public who is a nonresident and who ceases to  have  an
 office  or place of business in this state, vacates his or her office as
 a notary public. A notary public who is a resident of New York state and
 moves out of the state and who does not retain an  office  or  place  of
 business  in  this  state  shall  vacate  his  or her office as a notary
 public. A non-resident who accepts the office of notary public  in  this
 state  thereby  appoints  the secretary of state as the person upon whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant a commission as notary public, unless he or she be an attorney  and
 counsellor  at  law  duly  admitted to practice in this state or a court
 clerk of the unified court system who has been appointed to  such  posi-
 tion  after  taking a civil service promotional examination in the court
 clerk series of titles, the secretary of state shall satisfy himself  or
 herself  that  the  applicant is of good moral character, has the equiv-
 alent of a common school education and is familiar with the  duties  and
 responsibilities  of  a  notary  public; provided, however, that where a
 notary public applies, before the expiration of his  or  her  term,  for
 reappointment  with  the  county  clerk  or where a person whose term as
 notary public shall have expired applies within  six  months  thereafter
 for  reappointment as a notary public with the county clerk, such quali-
 fying requirements may be waived by the secretary of state, and further,
 where an application for reappointment is filed with  the  county  clerk
 after  the  expiration  of the aforementioned renewal period by a person
 who failed or was unable to re-apply by reason of his or  her  induction
 or  enlistment in the armed forces of the United States, such qualifying
 requirements may also be waived by the secretary of state, provided such
 application for reappointment is made within a period of one year  after
 the  military  discharge  of  the  applicant under conditions other than
 dishonorable. In any case,  the  appointment  or  reappointment  of  any
 applicant  is in the discretion of the secretary of state. The secretary
 of state may suspend or remove from office, for misconduct,  any  notary
 public  appointed by him or her but no such removal shall be made unless
 the person who is sought to be removed shall have  been  served  with  a

 A. 9505--C                         59
 
 copy  of the charges against him or her and have an opportunity of being
 heard. No person shall be appointed as a notary public under this  arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a [felony or any of the following offenses, to wit:
   (a)  Illegally using, carrying or possessing a pistol or other danger-
 ous weapon; (b) making or possessing burglar's instruments;  (c)  buying
 or  receiving  or  criminally  possessing  stolen property; (d) unlawful
 entry of a building; (e)  aiding  escape  from  prison;  (f)  unlawfully
 possessing  or  distributing habit forming narcotic drugs; (g) violating
 sections two hundred seventy, two hundred seventy-a, two hundred  seven-
 ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
 ty-five,  two  hundred  seventy-six,  five  hundred  fifty, five hundred
 fifty-one, five hundred fifty-one-a and subdivisions six, ten or  eleven
 of  section seven hundred twenty-two of the former penal law as in force
 and effect  immediately  prior  to  September  first,  nineteen  hundred
 sixty-seven,  or violating sections 165.25, 165.30 or subdivision one of
 section 240.30 of the penal law,  or  violating  sections  four  hundred
 seventy-eight,  four  hundred  seventy-nine,  four  hundred eighty, four
 hundred eighty-one, four hundred eighty-four, four  hundred  eighty-nine
 and  four  hundred  ninety-one  of the judiciary law; or (h) vagrancy or
 prostitution, and who has not subsequent to such conviction received  an
 executive  pardon  therefor or a certificate of relief from disabilities
 or a certificate of good conduct pursuant to article twenty-three of the
 correction law to remove the disability under this  section  because  of
 such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
 ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
 CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
 CONVICTIONS DO NOT CONSTITUTE A BAR TO EMPLOYMENT.
   § 2. This act shall take effect immediately.
 
                                 SUBPART E
 
   Section  1.  Paragraphs 1 and 5 of subdivision (a) of section 189-a of
 the general municipal law, as added by chapter 574 of the laws of  1978,
 are amended to read as follows:
   (1)  a  person  convicted of a crime [who has not received a pardon, a
 certificate of good conduct or a certificate of  relief  from  disabili-
 ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
 PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY  OR  SAFETY  OF  CHARITABLE
 GAMING,  CONSIDERING  THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF
 THE CORRECTION LAW;
   (5) a firm or corporation in which a person defined  in  [subdivision]
 PARAGRAPH  (1),  (2), (3) or (4) [above] OF THIS SUBDIVISION has greater
 than a ten [per centum] PERCENT proprietary, equitable or credit  inter-
 est or in which such a person is active or employed.
   §  2.  Paragraph  (a)  of  subdivision 1 of section 191 of the general
 municipal law, as amended by section 15 of part LL of chapter 56 of  the
 laws of 2010, is amended to read as follows:
   (a)  Issuance of licenses to conduct games of chance. If such clerk or
 department [shall determine] DETERMINES:
   (I) that the applicant is duly qualified to  be  licensed  to  conduct
 games of chance under this article;
   (II)  that  the  member  or members of the applicant designated in the
 application to manage games of chance are bona fide  active  members  of
 the  applicant  and  are  persons of good moral character and have never
 been convicted of a crime[, or,] if [convicted, have received a  pardon,

 A. 9505--C                         60

 a  certificate of good conduct or a certificate of relief from disabili-
 ties pursuant to article twenty-three of the correction law] THERE IS  A
 DIRECT  RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE  PREVIOUS CRIMINAL
 OFFENSES  AND  THE INTEGRITY OR SAFETY OF CHARITABLE GAMING, CONSIDERING
 THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
   (III) that such games are to  be  conducted  in  accordance  with  the
 provisions  of  this  article and in accordance with the rules and regu-
 lations of the [board] GAMING COMMISSION and applicable  local  laws  or
 ordinances  and  that  the  proceeds  thereof  are  to be disposed of as
 provided by this article[,]; and
   [if such clerk or department is satisfied] (IV)  that  no  commission,
 salary,  compensation,  reward  or  recompense  whatever will be paid or
 given to any person managing, operating or assisting therein  except  as
 in  this  article otherwise provided; [it] THEN SUCH CLERK OR DEPARTMENT
 shall issue a license to the applicant  for  the  conduct  of  games  of
 chance  upon  payment  of  a license fee of twenty-five dollars for each
 license period.
   § 3. Subdivision 9 of section 476 of the  general  municipal  law,  as
 amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
 section  16  of part LL of chapter 56 of the laws of 2010, is amended to
 read as follows:
   9. "Authorized commercial lessor" shall mean a person, firm or  corpo-
 ration  other  than  a licensee to conduct bingo under the provisions of
 this article, who or which [shall own] OWNS or [be] IS a net  lessee  of
 premises  and offer the same for leasing by him, HER or it to an author-
 ized organization for any consideration whatsoever, direct or  indirect,
 for  the  purpose  of conducting bingo therein, provided that he, SHE or
 it, as the case may be, shall not be
   (a) a person convicted of a crime [who has not received a pardon or  a
 certificate of good conduct or a certificate of relief from disabilities
 pursuant  to]  IF  THERE IS A DIRECT RELATIONSHIP BETWEEN ONE OR MORE OF
 THE PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY  OR  SAFETY  OF  BINGO,
 CONSIDERING   THE   FACTORS   SET   FORTH   IN   article  [twenty-three]
 TWENTY-THREE-A of the correction law;
   (b) a person who is or has been a  professional  gambler  or  gambling
 promoter or who for other reasons is not of good moral character;
   (c)  a  public officer who receives any consideration, direct or indi-
 rect, as owner or lessor of premises offered for the purpose of conduct-
 ing bingo therein;
   (d) a firm or corporation in which a person defined  in  [subdivision]
 PARAGRAPH  (a),  (b)  or  (c)  [above]  OF  THIS SUBDIVISION or a person
 married or related in the first degree to such a person has greater than
 a ten [percentum (10%)] PERCENT proprietary, equitable or credit  inter-
 est or in which such a person is active or employed.
   Nothing  contained  in  this subdivision shall be construed to bar any
 firm or corporation [which] THAT is not organized for  pecuniary  profit
 and  no  part  of  the net earnings of which inure to the benefit of any
 individual, member, or shareholder, from being an authorized  commercial
 lessor  solely  because a public officer, or a person married or related
 in the first degree to a public officer, is a member of,  active  in  or
 employed by such firm or corporation.
   §  4.  Paragraph  (a)  of  subdivision 1 of section 481 of the general
 municipal law, as amended by section 5 of part MM of chapter 59  of  the
 laws of 2017, is amended to read as follows:
   (a)  Issuance  of  licenses to conduct bingo. If the governing body of
 the municipality determines:

 A. 9505--C                         61
 
   (I) that the applicant is duly qualified to  be  licensed  to  conduct
 bingo under this article;
   (II)  that  the  member  or members of the applicant designated in the
 application to conduct bingo are bona fide active members  OR  AUXILIARY
 MEMBERS  of  the  applicant  and are persons of good moral character and
 have never been convicted of a crime [or, if convicted, have received  a
 pardon  or a certificate of good conduct or a certificate of relief from
 disabilities pursuant to article twenty-three]  IF  THERE  IS  A  DIRECT
 RELATIONSHIP  BETWEEN  ONE OR MORE OF THE PREVIOUS CRIMINAL OFFENSES AND
 THE INTEGRITY OR SAFETY OF BINGO, CONSIDERING THE FACTORS SET  FORTH  IN
 ARTICLE TWENTY-THREE-A of the correction law;
   (III)  that such games of bingo are to be conducted in accordance with
 the provisions of this article and in  accordance  with  the  rules  and
 regulations of the commission[, and];
   (IV)  that  the  proceeds thereof are to be disposed of as provided by
 this article[, and if the governing body is satisfied];
   (V) that no commission, salary,  compensation,  reward  or  recompense
 [what  so  ever] WHATSOEVER will be paid or given to any person holding,
 operating or conducting or  assisting  in  the  holding,  operation  and
 conduct  of  any such games of bingo except as in this article otherwise
 provided; and
   (VI) that no prize will be offered and given in excess of the  sum  or
 value  of five thousand dollars in any single game OF BINGO and that the
 aggregate of all prizes offered and given in all of such games OF  BINGO
 conducted  on  a  single occasion[,] under said license shall not exceed
 the sum or value of fifteen  thousand  dollars,  then  the  municipality
 shall  issue  a  license  to the applicant for the conduct of bingo upon
 payment of a license fee of eighteen dollars and seventy-five cents  for
 each bingo occasion[; provided, however, that].
   NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY  IN  THIS  PARAGRAPH, the
 governing body shall refuse to issue a license to an  applicant  seeking
 to  conduct bingo in premises of a licensed commercial lessor where such
 governing body determines that the premises presently owned or  occupied
 by  such  applicant  are  in  every  respect  adequate  and suitable for
 conducting bingo games.
   § 5. This act shall take effect immediately.
 
                                 SUBPART F
 
   Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
 insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.
   § 2. This act shall take effect immediately.
 
                                 SUBPART G
 
   Section 1. Section 440-a of the real property law, as amended by chap-
 ter 81 of the laws of 1995, the first undesignated paragraph as  amended
 by  section  23 of part LL of chapter 56 of the laws of 2010, is amended
 to read as follows:
   § 440-a. License required for real estate  brokers  and  salesmen.  No
 person,  co-partnership,  limited liability company or corporation shall
 engage in or follow the business or occupation of, or  hold  himself  or
 itself  out  or  act temporarily or otherwise as a real estate broker or
 real estate salesman in this state without  first  procuring  a  license
 therefor  as  provided in this article. No person shall be entitled to a
 license as a real estate broker under this article, either as  an  indi-

 A. 9505--C                         62
 
 vidual  or as a member of a co-partnership, or as a member or manager of
 a limited liability company or as an officer of a corporation, unless he
 or she is twenty years of age or over, a citizen of the United States or
 an alien lawfully admitted for permanent residence in the United States.
 No person shall be entitled to a license as a real estate salesman under
 this  article  unless  he  or  she is over the age of eighteen years. No
 person shall be entitled to a license as a real estate  broker  or  real
 estate  salesman under this article who has been convicted in this state
 or elsewhere of a [felony, of a sex offense, as defined  in  subdivision
 two  of  section  one hundred sixty-eight-a of the correction law or any
 offense committed outside of this state which  would  constitute  a  sex
 offense,  or a sexually violent offense, as defined in subdivision three
 of section one hundred  sixty-eight-a  of  the  correction  law  or  any
 offense  committed  outside this state which would constitute a sexually
 violent offense, and who has not subsequent to such conviction  received
 executive  pardon  therefor or a certificate of relief from disabilities
 or a certificate of good conduct pursuant to article twenty-three of the
 correction law, to remove the disability under this section  because  of
 such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
 ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
 CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
 CONVICTIONS  DO  NOT  CONSTITUTE  A BAR TO LICENSURE. No person shall be
 entitled to a license as a real estate broker or  real  estate  salesman
 under  this  article who does not meet the requirements of section 3-503
 of the general obligations law.
   Notwithstanding [the above] ANYTHING TO THE CONTRARY IN THIS  SECTION,
 tenant  associations[,]  and  not-for-profit  corporations authorized in
 writing by the commissioner of the department of the city  of  New  York
 charged with enforcement of the housing maintenance code of such city to
 manage  residential  property owned by such city or appointed by a court
 of competent jurisdiction to manage residential property owned  by  such
 city  shall be exempt from the licensing provisions of this section with
 respect to the properties so managed.
   § 2. This act shall take effect immediately.
 
                                 SUBPART H
 
   Section 1. Subdivision 5 of section 336-f of the social services  law,
 as added by section 148 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   5.  The  social  services district shall require every private or not-
 for-profit employer that intends to  hire  one  or  more  work  activity
 participants to certify to the district [that] WHETHER such employer has
 [not], in the past five years, been convicted of a felony or a misdemea-
 nor  the  underlying basis of which involved workplace safety and health
 or  labor  standards.  Such  employer  shall  also  certify  as  to  all
 violations issued by the department of labor within the past five years.
 The social services official in the district in which the participant is
 placed  shall  determine  whether  there  is a pattern of CONVICTIONS OR
 violations sufficient  to  render  the  potential  employer  ineligible.
 Employers  who  submit  false  information  under  this section shall be
 subject to criminal prosecution for filing a false instrument.
   § 2. This act shall take effect immediately.
 
                                 SUBPART I

 A. 9505--C                         63
 
   Section 1. Subdivision 9 of section 394 of  the  vehicle  and  traffic
 law,  as  separately  renumbered  by chapters 300 and 464 of the laws of
 1960, is amended to read as follows:
   9.  Employees. [No licensee shall knowingly employ, in connection with
 a driving school in any capacity whatsoever, any  person  who  has  been
 convicted  of  a felony, or of any crime involving violence, dishonesty,
 deceit, indecency, degeneracy or moral turpitude]  A  LICENSEE  MAY  NOT
 EMPLOY,  IN CONNECTION WITH A DRIVING SCHOOL IN ANY CAPACITY WHATSOEVER,
 A PERSON WHO HAS BEEN CONVICTED OF A CRIME, IF,  AFTER  CONSIDERING  THE
 FACTORS  SET  FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, THE
 LICENSEE DETERMINES THAT THERE IS  A  DIRECT  RELATIONSHIP  BETWEEN  THE
 CONVICTION  AND  EMPLOYMENT  IN  THE  DRIVING SCHOOL, OR THAT EMPLOYMENT
 WOULD CONSTITUTE AN UNREASONABLE RISK TO PROPERTY OR TO  THE  SAFETY  OF
 STUDENTS,  CUSTOMERS,  OR  EMPLOYEES  OF  THE  DRIVING SCHOOL, OR TO THE
 GENERAL PUBLIC.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through I of this act  shall
 be as specifically set forth in the last section of such Parts.
 
                                  PART L
 
   Section  1. The executive law is amended by adding a new section 259-t
 to read as follows:
   § 259-T. RELEASE ON GERIATRIC PAROLE FOR INMATES WHO ARE  AFFECTED  BY
 AN  AGE-RELATED  DEBILITY.  1.  (A)  THE  BOARD  SHALL HAVE THE POWER TO
 RELEASE ON GERIATRIC PAROLE ANY INMATE WHO IS AT LEAST FIFTY-FIVE  YEARS
 OF AGE, SERVING AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT
 WHO,  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, HAS BEEN CERTIFIED TO
 BE SUFFERING FROM A CHRONIC OR SERIOUS CONDITION, DISEASE, SYNDROME,  OR
 INFIRMITY,  EXACERBATED  BY  AGE,  THAT HAS RENDERED THE INMATE SO PHYS-
 ICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE  ABILITY  TO
 PROVIDE  SELF-CARE  WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS
 SUBSTANTIALLY DIMINISHED, PROVIDED, HOWEVER, THAT NO  INMATE  SERVING  A
 SENTENCE  IMPOSED  UPON  A  CONVICTION  FOR  MURDER IN THE FIRST DEGREE,
 AGGRAVATED MURDER OR AN ATTEMPT OR CONSPIRACY TO COMMIT  MURDER  IN  THE
 FIRST  DEGREE  OR AGGRAVATED MURDER OR A SENTENCE OF LIFE WITHOUT PAROLE
 SHALL BE ELIGIBLE FOR SUCH RELEASE, AND PROVIDED FURTHER THAT NO  INMATE
 SHALL  BE  ELIGIBLE FOR SUCH RELEASE UNLESS IN THE CASE OF AN INDETERMI-
 NATE SENTENCE HE OR SHE HAS SERVED AT  LEAST  ONE-HALF  OF  THE  MINIMUM
 PERIOD  OF  THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR
 SHE HAS SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR  HER  DETERMINATE
 SENTENCE.  SOLELY FOR THE PURPOSE OF DETERMINING GERIATRIC PAROLE ELIGI-
 BILITY PURSUANT TO THIS SECTION, SUCH ONE-HALF OF THE MINIMUM PERIOD  OF
 THE  INDETERMINATE  SENTENCE AND ONE-HALF OF THE TERM OF THE DETERMINATE
 SENTENCE SHALL NOT BE CREDITED WITH ANY TIME SERVED UNDER THE  JURISDIC-
 TION OF THE DEPARTMENT PRIOR TO THE COMMENCEMENT OF SUCH SENTENCE PURSU-

 A. 9505--C                         64
 
 ANT  TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION 70.30 OF THE
 PENAL LAW OR SUBDIVISION TWO-A OF SECTION 70.30 OF THE PENAL LAW, EXCEPT
 TO THE EXTENT AUTHORIZED BY SUBDIVISION THREE OF SECTION  70.30  OF  THE
 PENAL LAW.
   (B)  SUCH  RELEASE  SHALL  BE  GRANTED  ONLY AFTER THE BOARD CONSIDERS
 WHETHER, IN LIGHT OF THE INMATE'S CONDITION, THERE IS A REASONABLE PROB-
 ABILITY THAT THE INMATE, IF RELEASED, WILL LIVE AND  REMAIN  AT  LIBERTY
 WITHOUT  VIOLATING  THE  LAW,  AND THAT SUCH RELEASE DOES NOT PRESENT AN
 UNREASONABLE PUBLIC SAFETY RISK, AND SHALL BE SUBJECT TO THE LIMITS  AND
 CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION. IN MAKING THIS
 DETERMINATION,  THE  BOARD  SHALL CONSIDER: (I) THE FACTORS DESCRIBED IN
 SUBDIVISION TWO OF SECTION TWO HUNDRED  FIFTY-NINE-I  OF  THIS  ARTICLE;
 (II)  THE  NATURE  OF  THE  INMATE'S  CONDITIONS, DISEASES, SYNDROMES OR
 INFIRMITIES AND THE LEVEL OF CARE; (III) THE AMOUNT OF TIME  THE  INMATE
 MUST  SERVE BEFORE BECOMING ELIGIBLE FOR RELEASE PURSUANT TO SECTION TWO
 HUNDRED FIFTY-NINE-I OF THIS ARTICLE; (IV) THE CURRENT AGE OF THE INMATE
 AND HIS OR HER AGE AT THE TIME OF THE CRIME; AND (V) ANY OTHER  RELEVANT
 FACTOR.
   (C)  THE  BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING COURT, THE
 DISTRICT ATTORNEY, THE ATTORNEY FOR  THE  INMATE  AND,  WHERE  NECESSARY
 PURSUANT  TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
 ARTICLE, THE CRIME VICTIM, THAT  THE  INMATE  IS  BEING  CONSIDERED  FOR
 RELEASE  PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE SHALL
 HAVE FIFTEEN DAYS TO COMMENT ON THE RELEASE OF THE  INMATE.  RELEASE  ON
 GERIATRIC  PAROLE  SHALL  NOT  BE  GRANTED  UNTIL  THE EXPIRATION OF THE
 COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
   2. (A) THE COMMISSIONER, ON THE COMMISSIONER'S OWN  INITIATIVE  OR  AT
 THE  REQUEST  OF AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE OR ATTORNEY,
 MAY, IN THE EXERCISE OF THE COMMISSIONER'S DISCRETION,  DIRECT  THAT  AN
 INVESTIGATION BE UNDERTAKEN TO DETERMINE WHETHER AN ASSESSMENT SHOULD BE
 MADE  OF  AN  INMATE WHO APPEARS TO BE SUFFERING FROM CHRONIC OR SERIOUS
 CONDITIONS, DISEASES, SYNDROMES OR INFIRMITIES, EXACERBATED BY  ADVANCED
 AGE  THAT  HAS  RENDERED THE INMATE SO PHYSICALLY OR COGNITIVELY DEBILI-
 TATED OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN  THE
 ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  THE
 CHIEF  MEDICAL OFFICER RESPONSIBLE FOR THE CARE AND TREATMENT OF INMATES
 IN EACH CORRECTIONAL FACILITY SHALL CONDUCT A MONTHLY REVIEW  TO  DETER-
 MINE  IF  ANY  INMATE IN SUCH FACILITY WHO IS OVER THE AGE OF FIFTY-FIVE
 AND WHO HAS NOT BEEN DENIED GERIATRIC  PAROLE  WITHIN  THE  LAST  TWELVE
 MONTHS  IS POTENTIALLY ELIGIBLE FOR GERIATRIC PAROLE RELEASE PURSUANT TO
 THIS SECTION. IF AN INMATE IS IDENTIFIED  AS  POTENTIALLY  ELIGIBLE  FOR
 GERIATRIC  PAROLE  RELEASE,  THE  CHIEF MEDICAL OFFICER SHALL NOTIFY THE
 COMMISSIONER AND REQUEST AN INVESTIGATION TO DETERMINE WHETHER  SUCH  AN
 ASSESSMENT SHOULD BE MADE.  ANY SUCH MEDICAL ASSESSMENT SHALL BE MADE BY
 A  PHYSICIAN  LICENSED  TO  PRACTICE  MEDICINE IN THIS STATE PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THE EDUCATION LAW WITHIN FOUR-
 TEEN DAYS OF THE REQUEST FOR SUCH  ASSESSMENT.    SUCH  PHYSICIAN  SHALL
 EITHER BE EMPLOYED BY THE DEPARTMENT, SHALL RENDER PROFESSIONAL SERVICES
 AT  THE REQUEST OF THE DEPARTMENT, OR SHALL BE EMPLOYED BY A HOSPITAL OR
 MEDICAL FACILITY USED BY THE DEPARTMENT FOR  THE  MEDICAL  TREATMENT  OF
 INMATES.  THE ASSESSMENT SHALL BE REPORTED TO THE COMMISSIONER BY WAY OF
 THE DEPUTY COMMISSIONER FOR HEALTH SERVICES OR THE CHIEF MEDICAL OFFICER
 OF THE FACILITY WITHIN THREE DAYS OF COMPLETION OF  THE  ASSESSMENT  AND
 SHALL  INCLUDE  BUT  SHALL NOT BE LIMITED TO A DESCRIPTION OF THE CONDI-
 TIONS, DISEASES  OR  SYNDROMES  SUFFERED  BY  THE  INMATE,  A  PROGNOSIS
 CONCERNING  THE  LIKELIHOOD  THAT  THE INMATE WILL NOT RECOVER FROM SUCH

 A. 9505--C                         65
 
 CONDITIONS, DISEASES OR SYNDROMES, A DESCRIPTION OF THE  INMATE'S  PHYS-
 ICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A PREDICTION RESPECTING
 THE  LIKELY DURATION OF THE INCAPACITY, AND A STATEMENT BY THE PHYSICIAN
 OF WHETHER THE INMATE IS SO DEBILITATED OR INCAPACITATED THAT THE ABILI-
 TY TO PROVIDE SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILI-
 TY  IS  SUBSTANTIALLY DIMINISHED.   THIS ASSESSMENT ALSO SHALL INCLUDE A
 RECOMMENDATION OF THE TYPE AND LEVEL OF SERVICES AND LEVEL OF  CARE  THE
 INMATE  WOULD  REQUIRE  IF GRANTED GERIATRIC PAROLE AND A RECOMMENDATION
 FOR THE TYPES OF SETTINGS IN WHICH THE SERVICES AND TREATMENT SHOULD  BE
 GIVEN.
   (B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
 ASSESSMENT  AND  MAY CERTIFY THAT THE INMATE IS SUFFERING FROM A CHRONIC
 OR SERIOUS CONDITION, DISEASE, SYNDROME  OR  INFIRMITY,  EXACERBATED  BY
 AGE,  THAT  HAS RENDERED THE INMATE SO PHYSICALLY OR COGNITIVELY DEBILI-
 TATED OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN  THE
 ENVIRONMENT  OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  IF
 THE COMMISSIONER DOES NOT SO  CERTIFY  THEN  THE  INMATE  SHALL  NOT  BE
 REFERRED TO THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE.
 IF THE COMMISSIONER DOES SO CERTIFY, THEN THE COMMISSIONER SHALL, WITHIN
 SEVEN  WORKING  DAYS  OF RECEIPT OF SUCH ASSESSMENT, REFER THE INMATE TO
 THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE. HOWEVER, AN
 INMATE WILL NOT BE REFERRED TO THE BOARD OF PAROLE WITH DISEASES, CONDI-
 TIONS, SYNDROMES OR INFIRMITIES THAT  PRE-EXISTED  INCARCERATION  UNLESS
 CERTIFIED  BY  A  PHYSICIAN THAT SUCH DISEASES, CONDITIONS, SYNDROMES OR
 INFIRMITIES, HAVE PROGRESSED TO  RENDER  THE  INMATE  SO  PHYSICALLY  OR
 COGNITIVELY  DEBILITATED  OR  INCAPACITATED  THAT THE ABILITY TO PROVIDE
 SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS  SUBSTAN-
 TIALLY DIMINISHED.
   3.  ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
 NEE PURSUANT TO THIS SECTION SHALL BE DEEMED  A  JUDICIAL  FUNCTION  AND
 SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
   4.  (A)  THE  BOARD SHALL ISSUE A DETERMINATION WITHIN TWENTY-ONE DAYS
 AFTER THE RECEIPT OF A CERTIFICATION BY  THE  COMMISSIONER.  ANY  INMATE
 APPROVED  FOR GERIATRIC PAROLE SHALL BE RELEASED AS SOON AS POSSIBLE AND
 THE DEPARTMENT SHALL MAKE EVERY EFFORT TO PROMPTLY IDENTIFY AND  APPROVE
 AN APPROPRIATE PLACEMENT FOR SUCH INMATE.
   (B) ONCE AN INMATE IS RELEASED ON GERIATRIC PAROLE, THAT RELEASEE WILL
 THEN BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDI-
 VISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
   (C)  THE  BOARD  MAY  REQUIRE  AS  A CONDITION OF RELEASE ON GERIATRIC
 PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF  A  PHYSICIAN
 WHILE  ON  GERIATRIC  PAROLE  AND  IN A HOSPITAL ESTABLISHED PURSUANT TO
 ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, NURSING HOME  ESTABLISHED
 PURSUANT  TO  ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW, A HOSPICE
 ESTABLISHED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH  LAW  OR  ANY
 OTHER  PLACEMENT,  INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN
 PROVIDE APPROPRIATE MEDICAL AND OTHER NECESSARY GERIATRIC CARE AS RECOM-
 MENDED BY THE MEDICAL ASSESSMENT REQUIRED BY  SUBDIVISION  TWO  OF  THIS
 SECTION.  FOR  THOSE  WHO  ARE  RELEASED PURSUANT TO THIS SUBDIVISION, A
 DISCHARGE PLAN SHALL BE COMPLETED AND STATE THAT THE AVAILABILITY OF THE
 PLACEMENT HAS BEEN CONFIRMED, AND BY  WHOM.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  WHEN AN INMATE WHO QUALIFIES FOR RELEASE UNDER THIS
 SECTION IS COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE  DOCUMENTATION
 TO  EFFECTUATE THE DISCHARGE PLAN AND, AFTER A DILIGENT SEARCH NO PERSON
 HAS BEEN IDENTIFIED WHO COULD OTHERWISE BE  APPOINTED  AS  THE  INMATE'S
 GUARDIAN  BY  A  COURT  OF  COMPETENT JURISDICTION, THEN, SOLELY FOR THE

 A. 9505--C                         66
 
 PURPOSE OF IMPLEMENTING THE DISCHARGE PLAN, THE FACILITY HEALTH SERVICES
 DIRECTOR AT THE FACILITY WHERE  THE  INMATE  IS  CURRENTLY  INCARCERATED
 SHALL  BE  LAWFULLY  EMPOWERED  TO  ACT AS THE INMATE'S GUARDIAN FOR THE
 PURPOSE OF EFFECTUATING THE DISCHARGE.
   (D)  WHERE  APPROPRIATE,  THE  BOARD  SHALL  REQUIRE AS A CONDITION OF
 RELEASE THAT GERIATRIC PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS  AT
 REDUCED SUPERVISION RATIOS.
   5.  A  DENIAL  OF  RELEASE  ON GERIATRIC PAROLE SHALL NOT PRECLUDE THE
 INMATE FROM REAPPLYING FOR  GERIATRIC  PAROLE  OR  OTHERWISE  AFFECT  AN
 INMATE'S ELIGIBILITY FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY LAW.
   6.  TO  THE EXTENT THAT ANY PROVISION OF THIS SECTION REQUIRES DISCLO-
 SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
 OR MAKING A DECISION, REGARDING RELEASE ON GERIATRIC PAROLE OR  FOR  THE
 PURPOSE  OF  APPROPRIATELY  SUPERVISING  A  PERSON RELEASED ON GERIATRIC
 PAROLE, AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE PROHIBITED BY  ARTI-
 CLE  TWENTY-SEVEN-F  OF  THAT  PUBLIC HEALTH LAW, THE PROVISIONS OF THIS
 SECTION SHALL BE CONTROLLING.
   7. THE COMMISSIONER AND THE CHAIR OF THE BOARD SHALL BE AUTHORIZED  TO
 PROMULGATE RULES AND REGULATIONS FOR THEIR RESPECTIVE AGENCIES TO IMPLE-
 MENT THE PROVISIONS OF THIS SECTION.
   8.  ANY  DECISION  MADE  BY  THE BOARD PURSUANT TO THIS SECTION MAY BE
 APPEALED PURSUANT TO SUBDIVISION FOUR OF SECTION  TWO    HUNDRED  FIFTY-
 NINE-I OF THIS ARTICLE.
   9.  THE  CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY,  THE
 CHAIRPERSONS  OF  THE  ASSEMBLY  AND SENATE CODES COMMITTEES, THE CHAIR-
 PERSON OF THE SENATE CRIME AND CORRECTIONS  COMMITTEE,  AND  THE  CHAIR-
 PERSON  OF  THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF INMATES WHO
 HAVE APPLIED FOR GERIATRIC PAROLE UNDER THIS  SECTION;  THE  NUMBER  WHO
 HAVE  BEEN  GRANTED  GERIATRIC  PAROLE; THE NATURE OF THE ILLNESS OF THE
 APPLICANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE
 OF THE PLACEMENT PURSUANT TO  THE  DISCHARGE  PLAN;  THE  CATEGORIES  OF
 REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
 EES  ON  GERIATRIC  PAROLE WHO HAVE BEEN RETURNED TO IMPRISONMENT IN THE
 CUSTODY OF THE DEPARTMENT AND THE REASONS FOR RETURN. SUCH REPORT  SHALL
 ALSO BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART M
 
   Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
 law, as amended by section 1 of part C of chapter  57  of  the  laws  of
 2016, is amended to read as follows:
   (b)  The  sum  of  one  million  five hundred thousand dollars must be
 deposited into the New York state emergency services revolving loan fund
 annually; provided, however, that such sums shall not be  deposited  for
 state  fiscal  years two thousand eleven--two thousand twelve, two thou-
 sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
 fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
 sixteen--two thousand seventeen [and], two thousand seventeen--two thou-
 sand eighteen, TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN  AND  TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY;
   § 2. This act shall take effect April 1, 2018.
 
                                  PART N

 A. 9505--C                         67

                           Intentionally Omitted
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
   Section  1.    Paragraph  (f) of subdivision 3 of section 30.10 of the
 criminal procedure law, as separately amended by chapters 3 and  320  of
 the laws of 2006, is amended to read as follows:
   (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
 defined in article one hundred thirty of the penal  law,  other  than  a
 sexual  offense  delineated  in paragraph (a) of subdivision two of this
 section, committed against a child less  than  eighteen  years  of  age,
 incest  in  the  first,  second  or  third degree as defined in sections
 255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
 less  than eighteen years of age, or use of a child in a sexual perform-
 ance as defined in section 263.05 of the penal law, the period of  limi-
 tation  shall  not  begin  to run until the child has reached the age of
 [eighteen] TWENTY-THREE or the offense is reported to a law  enforcement
 agency  or  statewide  central register of child abuse and maltreatment,
 whichever occurs earlier.
   § 2. The opening paragraph of section 208 of the  civil  practice  law
 and  rules  is  designated  subdivision (a) and a new subdivision (b) is
 added to read as follows:
   (B) NOTWITHSTANDING ANY PROVISION OF LAW WHICH  IMPOSES  A  PERIOD  OF
 LIMITATION  TO  THE CONTRARY, WITH RESPECT TO ALL CIVIL CLAIMS OR CAUSES
 OF ACTION BROUGHT BY ANY PERSON FOR  PHYSICAL,  PSYCHOLOGICAL  OR  OTHER
 INJURY OR CONDITION SUFFERED BY SUCH PERSON AS A RESULT OF CONDUCT WHICH
 WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
 EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
 255.25 OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
 EIGHTEEN YEARS OF AGE, OR THE USE OF SUCH PERSON IN A SEXUAL PERFORMANCE
 AS  DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR STATUTE
 THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, WHICH  CONDUCT  WAS
 COMMITTED  AGAINST  SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
 SUCH ACTION MAY BE COMMENCED, AGAINST ANY  PARTY  WHOSE  INTENTIONAL  OR
 NEGLIGENT  ACTS OR OMISSIONS ARE ALLEGED TO HAVE RESULTED IN THE COMMIS-
 SION OF SAID CONDUCT, ON OR BEFORE THE  PLAINTIFF  OR  INFANT  PLAINTIFF
 REACHES THE AGE OF FIFTY YEARS. IN ANY SUCH CLAIM OR ACTION, IN ADDITION
 TO  ANY  OTHER  DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN
 ACCORDANCE WITH LAW, RULE OR THE COMMON LAW, TO THE EXTENT THAT THE ACTS
 ALLEGED IN SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION  ONE  OF
 SECTION  130.30 OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF
 THE PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN  THE
 CLOSING PARAGRAPH OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   §  3.  The  civil  practice  law  and rules is amended by adding a new
 section 214-g to read as follows:
   §  214-G.  CERTAIN  CHILD  SEXUAL  ABUSE  CASES.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW WHICH IMPOSES A PERIOD OF LIMITATION TO THE CONTRARY,
 EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT AGAINST ANY PARTY  ALLEGING
 INTENTIONAL  OR  NEGLIGENT  ACTS  OR OMISSIONS BY A PERSON FOR PHYSICAL,
 PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF
 CONDUCT  WHICH  WOULD  CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE

 A. 9505--C                         68
 
 ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN
 EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
 255.25 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 YEARS  OF  AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED
 IN SECTION 263.05 OF THE  PENAL  LAW,  OR  A  PREDECESSOR  STATUTE  THAT
 PROHIBITED  SUCH  CONDUCT  AT  THE  TIME  OF  THE ACT, WHICH CONDUCT WAS
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN  YEARS  OF  AGE,  WHICH  IS
 BARRED  AS  OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE THE APPLICABLE
 PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND  ACTION  THEREON
 MAY  BE  COMMENCED NOT EARLIER THAN SIX MONTHS AFTER, AND NOT LATER THAN
 ONE YEAR AND SIX MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION,
 SUBJECT  TO  PARAGRAPH TWO OF SUBDIVISION (I) OF RULE THIRTY-TWO HUNDRED
 ELEVEN OF THIS CHAPTER. IN ANY SUCH CLAIM OR ACTION, IN ADDITION TO  ANY
 OTHER  DEFENSE  AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN ACCORD-
 ANCE WITH LAW, RULE OR THE COMMON LAW,  TO  THE  EXTENT  THAT  THE  ACTS
 ALLEGED  IN  SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF
 SECTION 130.30 OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45  OF
 THE  PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE
 CLOSING PARAGRAPH OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   § 4. Rule 3211 of the civil practice  law  and  rules  is  amended  by
 adding a new subdivision (i) to read as follows:
   (I)  MOTIONS TO DISMISS AND MOTIONS TO DISMISS AFFIRMATIVE DEFENSES IN
 CERTAIN ACTIONS IN WHICH CONDUCT CONSTITUTING THE COMMISSION OF  CERTAIN
 SEXUAL  OFFENSES ARE ALLEGED. 1. IN ANY ACTION WHERE THE PLAINTIFF SEEKS
 TO REVIVE AN ACTION PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G  OF  THIS
 CHAPTER AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION WHICH HAD BEEN TIME
 BARRED, ANY AFFIRMATIVE DEFENSE OF LACHES, DELAY, OR MATERIAL IMPAIRMENT
 IN  THE  DEFENSE  OR  INVESTIGATION  OF THE CLAIM MUST BE SUPPORTED BY A
 CERTIFICATE OF MERIT SUBMITTED BY A PERSON WITH KNOWLEDGE OF  THE  FACTS
 SETTING  FORTH THE SPECIFIC MANNER IN WHICH THE DEFENSE OR INVESTIGATION
 HAS BEEN AFFECTED. SAID CERTIFICATE MUST BE FILED AT OR BEFORE THE  TIME
 IN WHICH THE ANSWER IS SERVED, UNLESS OTHERWISE PROVIDED BY ORDER OF THE
 COURT.
   2. UPON MOTION BY ANY PARTY, THE COURT SHALL DETERMINE BY A PREPONDER-
 ANCE  OF THE EVIDENCE, WHETHER DEFENDANT HAS SUSTAINED HIS OR HER BURDEN
 OF PROOF ON ANY MOTION TO DISMISS  THE  ACTION  OR  ON  ANY  AFFIRMATIVE
 DEFENSE IN WHICH IT IS ALLEGED THAT PREJUDICE HAS BEEN CAUSED TO DEFEND-
 ANT  IN  THE  INVESTIGATION  OR DEFENSE OF THE ACTION DIRECTLY RESULTING
 FROM A DELAY IN COMMENCING THE ACTION. A DEFENDANT SHALL NOT  BE  DEEMED
 PREJUDICED SOLELY ON ACCOUNT OF THE PASSAGE OF TIME.
   3.  FURTHERMORE,  IN ANY SUCH ACTION, IN ADDITION TO ANY OTHER DEFENSE
 AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN  ACCORDANCE  WITH  LAW,
 RULE  OR  THE  COMMON  LAW,  TO THE EXTENT THAT THE ACTS ALLEGED IN SUCH
 ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF SECTION 130.30 OF
 THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF THE PENAL LAW, THE
 AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE  CLOSING  PARAGRAPH
 OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   §  5. Subdivision (a) of rule 3403 of the civil practice law and rules
 is amended by adding a new paragraph 7 to read as follows:
   7. ANY ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION  TWO  HUNDRED
 FOURTEEN-G OF THIS CHAPTER.
   §  6.  Subdivision  8 of section 50-e of the general municipal law, as
 amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
 follows:
   8.  Inapplicability  of  section.  (A) This section shall not apply to
 claims arising under the provisions of the  workers'  compensation  law,

 A. 9505--C                         69
 
 the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
 workers' benefit law or to claims against public corporations  by  their
 own infant wards.
   (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY CLAIM MADE FOR PHYSICAL,
 PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF
 CONDUCT  WHICH  WOULD  CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
 ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN
 EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
 255.25 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 YEARS  OF  AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED
 IN SECTION 263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD  LESS  THAN
 EIGHTEEN YEARS OF AGE.
   §  7. Section 50-i of the general municipal law is amended by adding a
 new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS  SECTION
 SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
 FIRE  DISTRICT  OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
 INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD  CONSTI-
 TUTE  A  SEXUAL  OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN  EIGHTEEN  YEARS  OF  AGE,
 INCEST  AS  DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
 A CHILD IN A SEXUAL PERFORMANCE AS DEFINED  IN  SECTION  263.05  OF  THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   §  8. Section 10 of the court of claims act is amended by adding a new
 subdivision 10 to read as follows:
   10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
 ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH
 WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE  ONE  HUNDRED
 THIRTY  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
 YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR  255.25  OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 OR  THE  USE  OF  A  CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
 263.05 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 YEARS OF AGE.
   § 9. Subdivision 2 of section 3813 of the education law, as amended by
 chapter 346 of the laws of 1978, is amended to read as follows:
   2.  Notwithstanding anything to the contrary hereinbefore contained in
 this section, no action or special proceeding founded upon tort shall be
 prosecuted or maintained against  any  of  the  parties  named  in  this
 section  or against any teacher or member of the supervisory or adminis-
 trative staff or employee where the alleged tort was committed  by  such
 teacher  or  member  or  employee  acting in the discharge of his duties
 within the scope of his employment and/or under  the  direction  of  the
 board of education, trustee or trustees, or governing body of the school
 unless  a  notice of claim shall have been made and served in compliance
 with section fifty-e of the general municipal law.   Every  such  action
 shall  be commenced pursuant to the provisions of section fifty-i of the
 general municipal law; PROVIDED, HOWEVER, THAT THIS  SECTION  SHALL  NOT
 APPLY  TO  ANY  CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR
 OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF  CONDUCT  WHICH  WOULD
 CONSTITUTE  A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE  PENAL  LAW
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF

 A. 9505--C                         70

 A  CHILD  IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   §  10.  Section 219-c of the judiciary law, as added by chapter 506 of
 the laws of 2011, is amended to read as follows:
   § 219-c. Crimes involving sexual  assault  AND  THE  SEXUAL  ABUSE  OF
 MINORS;  judicial  training.  The  office  of court administration shall
 provide training for judges and justices with respect to crimes  involv-
 ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
   §  11.  The  judiciary law is amended by adding a new section 219-d to
 read as follows:
   § 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
 DREN.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES  FOR
 THE  TIMELY  ADJUDICATION OF REVIVED ACTIONS BROUGHT PURSUANT TO SECTION
 TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES.
   § 12. The provisions of this  act  shall  be  severable,  and  if  any
 clause,  sentence,  paragraph,  subdivision 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,  para-
 graph,  subdivision or part thereof directly involved in the controversy
 in which such judgment shall have been rendered.
   § 13. This act shall take effect immediately; except that section  ten
 of  this  act  shall  take  effect  six months after this act shall have
 become a law; provided, however, that training for cases brought  pursu-
 ant  to  section  214-g of the civil practice law and rules, as added by
 section three of this act, shall commence three months  after  this  act
 shall  have  become  a  law;  and  section eleven of this act shall take
 effect three months after this act shall have become a law.
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
   Section 1. Section 2 of chapter 303 of the laws of 1988,  relating  to
 the extension of the state commission on the restoration of the capitol,
 as  amended  by  chapter  207 of the laws of 2013, is amended to read as
 follows:
   § 2. The temporary state commission on the restoration of the  capitol
 is  hereby  renamed  as  the  state commission on the restoration of the
 capitol (hereinafter to be referred to as the "commission") and is here-
 by continued until April 1, [2018] 2023.  The commission  shall  consist
 of  eleven  members  to  be  appointed as follows: five members shall be
 appointed by the governor; two members shall be appointed by the  tempo-
 rary  president  of  the  senate;  two members shall be appointed by the
 speaker of the assembly; one member shall be appointed by  the  minority
 leader  of  the  senate;  one  member shall be appointed by the minority

 A. 9505--C                         71
 
 leader of the  assembly,  together  with  the  commissioner  of  general
 services  and the commissioner of parks, recreation and historic preser-
 vation. The term for each elected  member  shall  be  for  three  years,
 except  that  of  the  first five members appointed by the governor, one
 shall be for a one year term, and two shall be for a two year term,  and
 one  of the first appointments by the president of the senate and by the
 speaker of the assembly shall be for a two year term. Any  vacancy  that
 occurs in the commission shall be filled in the same manner in which the
 original appointment was made. The commission shall elect a chairman and
 a  vice-chairman  from  among  its  members.    The members of the state
 commission on the restoration of the  capitol  shall  be  deemed  to  be
 members  of  the  commission  until  their successors are appointed. The
 members of the  commission  shall  receive  no  compensation  for  their
 services, but shall be reimbursed for their expenses actually and neces-
 sarily incurred by them in the performance of their duties hereunder.
   §  2.  Section  9  of chapter 303 of the laws of 1988, relating to the
 extension of the state commission on the restoration of the capitol,  as
 amended  by  chapter  207  of  the  laws  of 2013, is amended to read as
 follows:
   § 9. This act shall take effect immediately, and shall remain in  full
 force and effect until April 1, [2018] 2023.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018;  provided
 that the amendments to section 2 of chapter 303 of the laws of 1988 made
 by section one of this act shall not affect the expiration of such chap-
 ter, and shall be deemed to expire therewith.

                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
                           Intentionally Omitted
 
                                  PART W
 
                           Intentionally Omitted
 
                                  PART X
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York state secure choice savings program act".
   § 2. The retirement and social security law is amended by adding a new
 article 14-C to read as follows:
                               ARTICLE 14-C
               NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 SECTION 570. DEFINITIONS.
         571. PROGRAM ESTABLISHED.
         572. COMPOSITION OF THE BOARD.
         573. FIDUCIARY DUTY.
         574. DUTIES OF THE BOARD.
         575. RISK MANAGEMENT.
         576. INVESTMENT FIRMS.
         577. INVESTMENT OPTIONS.
         578. BENEFITS.

 A. 9505--C                         72
 
         579. EMPLOYER AND EMPLOYEE INFORMATION  PACKETS  AND  DISCLOSURE
                FORMS.
         580. PROGRAM IMPLEMENTATION AND ENROLLMENT.
         581. PAYMENTS.
         582. DUTY AND LIABILITY OF THE STATE.
         583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS.
         584. AUDIT AND REPORTS.
         585. DELAYED IMPLEMENTATION.
   § 570. DEFINITIONS. ALL TERMS SHALL HAVE THE SAME MEANING AS WHEN USED
 IN  A  COMPARABLE  CONTEXT IN THE INTERNAL REVENUE CODE. AS USED IN THIS
 ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BOARD" SHALL MEAN THE NEW YORK SECURE CHOICE SAVINGS PROGRAM BOARD
 ESTABLISHED UNDER THIS ARTICLE.
   2. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
 FINANCIAL SERVICES.
   2-A. "COMMISSIONER"  SHALL  MEAN  THE  COMMISSIONER  OF  TAXATION  AND
 FINANCE.
   2-B. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
   3.  "EMPLOYEE"  SHALL MEAN ANY INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE
 OR OLDER, WHO IS EMPLOYED BY AN EMPLOYER, AND WHO EARNED  WAGES  WORKING
 FOR AN EMPLOYER IN NEW YORK STATE DURING A CALENDAR YEAR.
   4.  "EMPLOYER"  SHALL  MEAN  A PERSON OR ENTITY ENGAGED IN A BUSINESS,
 INDUSTRY, PROFESSION, TRADE, OR OTHER  ENTERPRISE  IN  NEW  YORK  STATE,
 WHETHER  FOR  PROFIT OR NOT FOR PROFIT, THAT HAS NOT OFFERED A QUALIFIED
 RETIREMENT PLAN, INCLUDING, BUT NOT LIMITED TO, A PLAN  QUALIFIED  UNDER
 SECTIONS 401(A), 401(K), 403(A), 403(B), 408(K), 408(P) OR 457(B) OF THE
 INTERNAL REVENUE CODE OF 1986 IN THE PRECEDING TWO YEARS.
   5. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
   6.  "FUND" SHALL MEAN THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-BB OF THE STATE FINANCE
 LAW.
   7. "INTERNAL REVENUE CODE" SHALL MEAN THE  INTERNAL  REVENUE  CODE  OF
 1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
   8. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
   9.  "PARTICIPATING  EMPLOYER"  SHALL  MEAN  AN EMPLOYER THAT ELECTS TO
 PROVIDE A PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT AS PROVIDED FOR
 BY THIS ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE PROGRAM.
   10. "PAYROLL DEPOSIT RETIREMENT SAVINGS  ARRANGEMENT"  SHALL  MEAN  AN
 ARRANGEMENT  BY WHICH A PARTICIPATING EMPLOYER ALLOWS ENROLLEES TO REMIT
 PAYROLL DEDUCTION CONTRIBUTIONS TO THE PROGRAM.
   11. "PROGRAM" SHALL MEAN THE NEW  YORK  STATE  SECURE  CHOICE  SAVINGS
 PROGRAM.
   12.  "WAGES"  MEANS  ANY  COMPENSATION  WITHIN  THE MEANING OF SECTION
 219(F)(1) OF THE INTERNAL REVENUE CODE THAT IS RECEIVED BY  AN  ENROLLEE
 FROM A PARTICIPATING EMPLOYER DURING THE CALENDAR YEAR.
   §  571.  PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED A RETIREMENT
 SAVINGS PROGRAM IN THE FORM OF AN AUTOMATIC ENROLLMENT PAYROLL DEDUCTION
 IRA, KNOWN AS THE NEW YORK STATE  SECURE  CHOICE  SAVINGS  PROGRAM.  THE
 GENERAL  ADMINISTRATION  AND  RESPONSIBILITY FOR THE PROPER OPERATION OF
 THE PROGRAM SHALL BE ADMINISTERED  BY  THE  BOARD  FOR  THE  PURPOSE  OF
 PROMOTING  GREATER  RETIREMENT SAVINGS FOR PRIVATE-SECTOR EMPLOYEES IN A
 CONVENIENT, LOW-COST, AND PORTABLE MANNER.
   § 572. COMPOSITION OF THE BOARD. THERE IS HEREBY CREATED THE NEW  YORK
 STATE SECURE CHOICE SAVINGS PROGRAM BOARD.
   1. THE BOARD SHALL CONSIST OF THE FOLLOWING SEVEN MEMBERS:

 A. 9505--C                         73
 
   (A)  THE  COMMISSIONER,  OR  HIS  OR  HER DESIGNEE, WHO SHALL SERVE AS
 CHAIR;
   (B) THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE;
   (C) THE SUPERINTENDENT, OR HIS OR HER DESIGNEE;
   (D)  TWO  PUBLIC  REPRESENTATIVES WITH EXPERTISE IN RETIREMENT SAVINGS
 PLAN ADMINISTRATION OR  INVESTMENT,  OR  BOTH,  ONE  OF  WHOM  SHALL  BE
 APPOINTED  BY  THE  SPEAKER  OF  THE  ASSEMBLY  AND ONE OF WHOM SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (E) A REPRESENTATIVE OF  PARTICIPATING  EMPLOYERS,  APPOINTED  BY  THE
 GOVERNOR; AND
   (F) A REPRESENTATIVE OF ENROLLEES, APPOINTED BY THE GOVERNOR.
   2.  MEMBERS  OF  THE BOARD SHALL SERVE WITHOUT COMPENSATION BUT MAY BE
 REIMBURSED FOR NECESSARY TRAVEL EXPENSES  INCURRED  IN  CONNECTION  WITH
 THEIR BOARD DUTIES FROM FUNDS APPROPRIATED FOR THE PURPOSE.
   3.  THE INITIAL APPOINTMENTS SHALL BE AS FOLLOWS: ONE PUBLIC REPRESEN-
 TATIVE FOR FOUR YEARS; THE REPRESENTATIVE OF PARTICIPATING EMPLOYERS FOR
 THREE YEARS; AND THE REPRESENTATIVE OF ENROLLEES FOR THREE YEARS.  THER-
 EAFTER, ALL THE GOVERNOR'S APPOINTEES SHALL BE FOR TERMS OF FOUR YEARS.
   4. A VACANCY IN THE TERM OF AN APPOINTED BOARD MEMBER SHALL BE  FILLED
 FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL
 APPOINTMENT.
   § 573. FIDUCIARY DUTY. THE BOARD, THE INDIVIDUAL MEMBERS OF THE BOARD,
 THE  TRUSTEES,  ANY  OTHER AGENTS APPOINTED OR ENGAGED BY THE BOARD, AND
 ALL PERSONS SERVING AS PROGRAM STAFF SHALL DISCHARGE THEIR  DUTIES  WITH
 RESPECT TO THE PROGRAM SOLELY IN THE INTEREST OF THE PROGRAM'S ENROLLEES
 AND BENEFICIARIES AS FOLLOWS:
   1.  FOR  THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO ENROLLEES AND
 BENEFICIARIES AND DEFRAYING REASONABLE  EXPENSES  OF  ADMINISTERING  THE
 PROGRAM;
   2.  BY  INVESTING  WITH THE CARE, SKILL, PRUDENCE, AND DILIGENCE UNDER
 THE PREVAILING CIRCUMSTANCES THAT A PRUDENT  PERSON  ACTING  IN  A  LIKE
 CAPACITY  AND FAMILIAR WITH THOSE MATTERS WOULD USE IN THE CONDUCT OF AN
 ENTERPRISE OF A LIKE CHARACTER AND WITH LIKE AIMS; AND
   3. BY USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND  EMPLOYERS  REMIT-
 TING  EMPLOYEES'  OWN  CONTRIBUTIONS  INTO  THE FUND EXCLUSIVELY FOR THE
 PURPOSE OF PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST
 OF ADMINISTRATION OF THE PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENE-
 FIT OF THE PROGRAM.
   § 574. DUTIES OF THE BOARD.  IN  ADDITION  TO  THE  OTHER  DUTIES  AND
 RESPONSIBILITIES STATED IN THIS ARTICLE, THE BOARD SHALL:
   1.  CAUSE  THE  PROGRAM  TO BE DESIGNED, ESTABLISHED AND OPERATED IN A
 MANNER THAT:
   (A) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
   (B) MAXIMIZES PARTICIPATION, SAVINGS, AND SOUND  INVESTMENT  PRACTICES
 INCLUDING  CONSIDERING  THE USE OF AUTOMATIC ENROLLMENT AS ALLOWED UNDER
 FEDERAL LAW;
   (C) MAXIMIZES SIMPLICITY, INCLUDING EASE OF ADMINISTRATION FOR PARTIC-
 IPATING EMPLOYERS AND ENROLLEES;
   (D) PROVIDES AN EFFICIENT PRODUCT TO ENROLLEES BY  POOLING  INVESTMENT
 FUNDS;
   (E) ENSURES THE PORTABILITY OF BENEFITS; AND
   (F)  PROVIDES FOR THE DISTRIBUTION OF ENROLLEE ASSETS IN A MANNER THAT
 MAXIMIZES FINANCIAL SECURITY IN RETIREMENT.
   2. EXPLORE AND ESTABLISH INVESTMENT OPTIONS, SUBJECT TO THIS  ARTICLE,
 THAT  OFFER  ENROLLEES  RETURNS  ON  CONTRIBUTIONS AND THE CONVERSION OF

 A. 9505--C                         74
 
 INDIVIDUAL RETIREMENT SAVINGS  ACCOUNT  BALANCES  TO  SECURE  RETIREMENT
 INCOME WITHOUT INCURRING DEBT OR LIABILITIES TO THE STATE.
   3.  ESTABLISH  THE PROCESS BY WHICH INTEREST, INVESTMENT EARNINGS, AND
 INVESTMENT LOSSES ARE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS ON A  PRO
 RATA  BASIS  AND  ARE COMPUTED AT THE INTEREST RATE ON THE BALANCE OF AN
 INDIVIDUAL'S ACCOUNT.
   4. MAKE AND ENTER INTO CONTRACTS NECESSARY FOR THE  ADMINISTRATION  OF
 THE  PROGRAM  AND  FUND,  INCLUDING,  BUT  NOT LIMITED TO, RETAINING AND
 CONTRACTING WITH INVESTMENT MANAGERS,  PRIVATE  FINANCIAL  INSTITUTIONS,
 OTHER  FINANCIAL AND SERVICE PROVIDERS, CONSULTANTS, ACTUARIES, COUNSEL,
 AUDITORS, THIRD-PARTY ADMINISTRATORS, AND OTHER PROFESSIONALS AS  NECES-
 SARY.
   5. CONDUCT A REVIEW OF THE PERFORMANCE OF ANY INVESTMENT VENDORS EVERY
 FOUR  YEARS,  INCLUDING,  BUT NOT LIMITED TO, A REVIEW OF RETURNS, FEES,
 AND CUSTOMER SERVICE. A COPY OF REVIEWS SHALL BE POSTED TO  THE  BOARD'S
 INTERNET WEBSITE.
   6. DETERMINE THE NUMBER AND DUTIES OF STAFF MEMBERS NEEDED TO ADMINIS-
 TER THE PROGRAM AND ASSEMBLE SUCH A STAFF, INCLUDING, AS NEEDED, EMPLOY-
 ING STAFF, AND APPOINTING A PROGRAM ADMINISTRATOR.
   7.  CAUSE MONEYS IN THE FUND TO BE HELD AND INVESTED AS POOLED INVEST-
 MENTS DESCRIBED IN THIS ARTICLE, WITH A VIEW TO ACHIEVING  COST  SAVINGS
 THROUGH EFFICIENCIES AND ECONOMIES OF SCALE.
   8. EVALUATE AND ESTABLISH THE PROCESS FOR:
   (A)  AN  ENROLLEE  TO  CONTRIBUTE A PORTION OF HIS OR HER WAGES TO THE
 PROGRAM;
   (B) PARTICIPATING EMPLOYERS TO FORWARD AN ENROLLEE'S CONTRIBUTIONS AND
 RELATED INFORMATION TO THE PROGRAM; AND
   (C)  THE  VOLUNTARY  ENROLLMENT  OF  PARTICIPATING  EMPLOYERS  IN  THE
 PROGRAM.
   9.  THE BOARD MAY CONTRACT WITH FINANCIAL SERVICE COMPANIES AND THIRD-
 PARTY ADMINISTRATORS WITH THE CAPABILITY TO RECEIVE AND PROCESS EMPLOYEE
 INFORMATION AND CONTRIBUTIONS FOR  PAYROLL  DEPOSIT  RETIREMENT  SAVINGS
 ARRANGEMENTS OR SIMILAR ARRANGEMENTS.
   10.  DESIGN  AND  ESTABLISH  THE  PROCESS FOR ENROLLMENT INCLUDING THE
 PROCESS BY WHICH AN EMPLOYEE CAN OPT NOT TO PARTICIPATE IN THE  PROGRAM,
 SELECT  A CONTRIBUTION LEVEL, SELECT AN INVESTMENT OPTION, AND TERMINATE
 PARTICIPATION IN THE PROGRAM.
   11. ACCEPT ANY GRANTS, APPROPRIATIONS, OR OTHER MONEYS FROM THE STATE,
 ANY UNIT OF FEDERAL, STATE, OR LOCAL GOVERNMENT, OR  ANY  OTHER  PERSON,
 FIRM, PARTNERSHIP, OR CORPORATION SOLELY FOR DEPOSIT INTO THE FUND.
   12.  EVALUATE  THE  NEED FOR, AND PROCURE AS NEEDED, INSURANCE AGAINST
 ANY AND ALL LOSS IN CONNECTION WITH THE PROPERTY, ASSETS, OR  ACTIVITIES
 OF  THE  PROGRAM,  AND INDEMNIFY AS NEEDED EACH MEMBER OF THE BOARD FROM
 PERSONAL LOSS OR LIABILITY RESULTING FROM A MEMBER'S ACTION OR  INACTION
 AS A MEMBER OF THE BOARD.
   13.  MAKE  PROVISIONS  FOR  THE  PAYMENT  OF  ADMINISTRATIVE COSTS AND
 EXPENSES FOR THE CREATION, MANAGEMENT, AND  OPERATION  OF  THE  PROGRAM.
 SUBJECT TO APPROPRIATION, THE STATE MAY PAY ADMINISTRATIVE COSTS ASSOCI-
 ATED  WITH  THE  CREATION AND MANAGEMENT OF THE PROGRAM UNTIL SUFFICIENT
 ASSETS ARE AVAILABLE IN THE  FUND  FOR  THAT  PURPOSE.  THEREAFTER,  ALL
 ADMINISTRATIVE  COSTS  OF  THE FUND, INCLUDING REPAYMENT OF ANY START-UP
 FUNDS PROVIDED BY THE STATE, SHALL BE PAID ONLY OUT OF MONEYS ON DEPOSIT
 THEREIN. HOWEVER, PRIVATE FUNDS OR FEDERAL FUNDING RECEIVED IN ORDER  TO
 IMPLEMENT  THE  PROGRAM  UNTIL  THE FUND IS SELF-SUSTAINING SHALL NOT BE
 REPAID UNLESS THOSE FUNDS WERE OFFERED CONTINGENT UPON  THE  PROMISE  OF
 SUCH  REPAYMENT.  THE BOARD SHALL KEEP ANNUAL ADMINISTRATIVE EXPENSES AS

 A. 9505--C                         75
 
 LOW AS POSSIBLE, BUT IN NO EVENT SHALL THEY EXCEED 0.75%  OF  THE  TOTAL
 FUND BALANCE.
   14.  ALLOCATE ADMINISTRATIVE FEES TO INDIVIDUAL RETIREMENT ACCOUNTS IN
 THE PROGRAM ON A PRO RATA BASIS.
   15. SET MINIMUM AND MAXIMUM CONTRIBUTION  LEVELS  IN  ACCORDANCE  WITH
 LIMITS ESTABLISHED FOR IRAS BY THE INTERNAL REVENUE CODE.
   16. FACILITATE EDUCATION AND OUTREACH TO EMPLOYERS AND EMPLOYEES.
   17.  FACILITATE COMPLIANCE BY THE PROGRAM WITH ALL APPLICABLE REQUIRE-
 MENTS FOR THE PROGRAM UNDER THE INTERNAL  REVENUE  CODE,  INCLUDING  TAX
 QUALIFICATION  REQUIREMENTS  OR  ANY OTHER APPLICABLE LAW AND ACCOUNTING
 REQUIREMENTS.
   18. CARRY OUT THE DUTIES AND OBLIGATIONS OF THE PROGRAM IN  AN  EFFEC-
 TIVE, EFFICIENT, AND LOW-COST MANNER.
   19.  EXERCISE  ANY  AND  ALL OTHER POWERS REASONABLY NECESSARY FOR THE
 EFFECTUATION OF THE PURPOSES, OBJECTIVES, AND PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE PROGRAM.
   20. DEPOSIT INTO THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE  FUND
 ALL  GRANTS,  GIFTS, DONATIONS, FEES, AND EARNINGS FROM INVESTMENTS FROM
 THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND THAT ARE  USED  TO
 RECOVER  ADMINISTRATIVE  COSTS.  ALL EXPENSES OF THE BOARD SHALL BE PAID
 FROM THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   21. DETERMINE  WITHDRAWAL  PROVISIONS,  SUCH  AS  ECONOMIC  HARDSHIPS,
 PORTABILITY AND LEAKAGE.
   22. DETERMINE EMPLOYEE RIGHTS AND ENFORCEMENT OF PENALTIES.
   §  575.  RISK MANAGEMENT. THE BOARD SHALL ANNUALLY PREPARE AND ADOPT A
 WRITTEN STATEMENT OF INVESTMENT POLICY THAT INCLUDES A  RISK  MANAGEMENT
 AND  OVERSIGHT PROGRAM. THIS INVESTMENT POLICY SHALL PROHIBIT THE BOARD,
 PROGRAM, AND FUND FROM  BORROWING  FOR  INVESTMENT  PURPOSES.  THE  RISK
 MANAGEMENT  AND  OVERSIGHT  PROGRAM  SHALL BE DESIGNED TO ENSURE THAT AN
 EFFECTIVE RISK MANAGEMENT SYSTEM IS IN PLACE TO MONITOR THE RISK  LEVELS
 OF  THE  PROGRAM  AND FUND PORTFOLIO, TO ENSURE THAT THE RISKS TAKEN ARE
 PRUDENT AND PROPERLY MANAGED, TO PROVIDE AN INTEGRATED PROCESS FOR OVER-
 ALL RISK MANAGEMENT, AND TO ASSESS INVESTMENT RETURNS AS WELL AS RISK TO
 DETERMINE IF THE RISKS TAKEN  ARE  ADEQUATELY  COMPENSATED  COMPARED  TO
 APPLICABLE PERFORMANCE BENCHMARKS AND STANDARDS. THE BOARD SHALL CONSID-
 ER  THE STATEMENT OF INVESTMENT POLICY AND ANY CHANGES IN THE INVESTMENT
 POLICY AT A PUBLIC HEARING.
   § 576. INVESTMENT FIRMS. 1. THE BOARD SHALL ENGAGE, AFTER AN OPEN  BID
 PROCESS,  AN  INVESTMENT  MANAGER OR MANAGERS TO INVEST THE FUND AND ANY
 OTHER ASSETS OF THE PROGRAM.   IN SELECTING THE  INVESTMENT  MANAGER  OR
 MANAGERS, THE BOARD SHALL TAKE INTO CONSIDERATION AND GIVE WEIGHT TO THE
 INVESTMENT  MANAGER'S  FEES AND CHARGES IN ORDER TO REDUCE THE PROGRAM'S
 ADMINISTRATIVE EXPENSES.
   2. THE INVESTMENT MANAGER OR MANAGERS SHALL COMPLY WITH  ANY  AND  ALL
 APPLICABLE  FEDERAL  AND  STATE LAWS, RULES, AND REGULATIONS, AS WELL AS
 ANY AND ALL RULES, POLICIES, AND GUIDELINES  PROMULGATED  BY  THE  BOARD
 WITH  RESPECT  TO THE PROGRAM AND THE INVESTMENT OF THE FUND, INCLUDING,
 BUT NOT LIMITED TO, THE INVESTMENT POLICY.
   3. THE INVESTMENT MANAGER OR MANAGERS SHALL PROVIDE  SUCH  REPORTS  AS
 THE  BOARD  DEEMS  NECESSARY  FOR  THE  BOARD TO OVERSEE EACH INVESTMENT
 MANAGER'S PERFORMANCE AND THE PERFORMANCE OF THE FUND.
   § 577. INVESTMENT OPTIONS. 1. THE  BOARD  SHALL  ESTABLISH  A  DEFAULT
 INVESTMENT  OPTION FOR ENROLLEES WHO FAIL TO ELECT AN INVESTMENT OPTION.
 IN MAKING SUCH DETERMINATION, THE BOARD SHALL CONSIDER  THE  COST,  RISK
 PROFILE,  BENEFIT LEVEL AND EASE OF ENROLLMENT. THE BOARD MAY CHANGE THE

 A. 9505--C                         76
 
 DEFAULT OPTION IF THE BOARD DETERMINES THAT SUCH CHANGE IS IN  THE  BEST
 INTERESTS OF THE ENROLLEES.
   2.  THE BOARD MAY ESTABLISH THE FOLLOWING INVESTMENT OPTIONS INCLUDING
 BUT NOT LIMITED TO:
   (A) A CONSERVATIVE PRINCIPAL PROTECTION FUND;
   (B) A GROWTH FUND;
   (C) A SECURE RETURN FUND WHOSE PRIMARY OBJECTIVE IS  THE  PRESERVATION
 OF  THE  SAFETY  OF PRINCIPAL AND THE PROVISION OF A STABLE AND LOW-RISK
 RATE OF RETURN; IF THE BOARD ELECTS TO ESTABLISH A SECURE  RETURN  FUND,
 THE BOARD MAY PROCURE ANY INSURANCE, ANNUITY, OR OTHER PRODUCT TO INSURE
 THE  VALUE  OF  ENROLLEES'  ACCOUNTS AND GUARANTEE A RATE OF RETURN; THE
 COST OF SUCH FUNDING MECHANISM SHALL BE PAID OUT OF THE FUND;  UNDER  NO
 CIRCUMSTANCES  SHALL THE BOARD, PROGRAM, FUND, THE STATE, OR ANY PARTIC-
 IPATING EMPLOYER ASSUME ANY LIABILITY FOR INVESTMENT OR ACTUARIAL  RISK;
 THE  BOARD  SHALL DETERMINE WHETHER TO ESTABLISH SUCH INVESTMENT OPTIONS
 BASED UPON AN ANALYSIS OF  THEIR  COST,  RISK  PROFILE,  BENEFIT  LEVEL,
 FEASIBILITY, AND EASE OF IMPLEMENTATION; OR
   (D) AN ANNUITY FUND.
   §  578. BENEFITS. INTEREST, INVESTMENT EARNINGS, AND INVESTMENT LOSSES
 SHALL BE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS AS ESTABLISHED BY  THE
 BOARD PURSUANT TO THIS ARTICLE. AN INDIVIDUAL'S RETIREMENT SAVINGS BENE-
 FIT  UNDER  THE  PROGRAM  SHALL BE AN AMOUNT EQUAL TO THE BALANCE IN THE
 INDIVIDUAL'S PROGRAM ACCOUNT ON THE DATE THE RETIREMENT SAVINGS  BENEFIT
 BECOMES  PAYABLE.  THE  STATE SHALL HAVE NO LIABILITY FOR THE PAYMENT OF
 ANY BENEFIT TO ANY ENROLLEE IN THE PROGRAM.
   § 579. EMPLOYER AND EMPLOYEE INFORMATION PACKETS AND DISCLOSURE FORMS.
 1. PRIOR TO THE OPENING OF THE PROGRAM FOR ENROLLMENT, THE  BOARD  SHALL
 DESIGN  AND  DISSEMINATE TO ALL EMPLOYERS AN EMPLOYER INFORMATION PACKET
 AND AN EMPLOYEE  INFORMATION  PACKET,  WHICH  SHALL  INCLUDE  BACKGROUND
 INFORMATION ON THE PROGRAM, AND NECESSARY DISCLOSURES AS REQUIRED BY LAW
 FOR EMPLOYEES.
   2.  THE  BOARD  SHALL  PROVIDE  FOR  THE CONTENTS OF BOTH THE EMPLOYEE
 INFORMATION PACKET AND THE EMPLOYER INFORMATION PACKET.    THE  EMPLOYEE
 INFORMATION  PACKET SHALL BE MADE AVAILABLE IN ENGLISH, SPANISH, HAITIAN
 CREOLE, CHINESE, KOREAN, RUSSIAN, ARABIC, AND  ANY  OTHER  LANGUAGE  THE
 BOARD DEEMS NECESSARY.
   3.  THE  EMPLOYEE  INFORMATION PACKET SHALL INCLUDE A DISCLOSURE FORM.
 THE DISCLOSURE FORM SHALL EXPLAIN, BUT NOT BE LIMITED  TO,  ALL  OF  THE
 FOLLOWING:
   (A) THE BENEFITS AND RISKS ASSOCIATED WITH MAKING CONTRIBUTIONS TO THE
 PROGRAM;
   (B) THE PROCESS FOR MAKING CONTRIBUTIONS TO THE PROGRAM;
   (C) HOW TO OPT OUT OF THE PROGRAM;
   (D)  THE  PROCESS  BY WHICH AN EMPLOYEE CAN PARTICIPATE IN THE PROGRAM
 WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER THAN THREE PERCENT;
   (E) THAT THEY ARE NOT REQUIRED TO PARTICIPATE OR CONTRIBUTE MORE  THAN
 THREE PERCENT;
   (F)  THE  PROCESS  BY  WHICH  AN  EMPLOYEE CAN OPT OUT AFTER THEY HAVE
 ENROLLED;
   (G) THE PROCESS FOR WITHDRAWAL OF RETIREMENT SAVINGS;
   (H) THE  PROCESS  FOR  SELECTING  BENEFICIARIES  OF  THEIR  RETIREMENT
 SAVINGS;
   (I) HOW TO OBTAIN ADDITIONAL INFORMATION ABOUT THE PROGRAM;
   (J)  THAT  EMPLOYEES SEEKING FINANCIAL ADVICE SHOULD CONTACT FINANCIAL
 ADVISORS, THAT PARTICIPATING EMPLOYERS ARE NOT IN A POSITION TO  PROVIDE

 A. 9505--C                         77
 
 FINANCIAL  ADVICE,  AND  THAT PARTICIPATING EMPLOYERS ARE NOT LIABLE FOR
 DECISIONS EMPLOYEES MAKE PURSUANT TO THIS ARTICLE;
   (K)  INFORMATION  ON  HOW  TO  ACCESS ANY AVAILABLE FINANCIAL LITERACY
 PROGRAMS;
   (L) THAT THE PROGRAM IS NOT AN EMPLOYER-SPONSORED RETIREMENT PLAN; AND
   (M) THAT THE PROGRAM FUND IS NOT GUARANTEED BY THE STATE.
   4. THE EMPLOYEE INFORMATION PACKET SHALL ALSO INCLUDE A  FORM  FOR  AN
 EMPLOYEE  TO NOTE HIS OR HER DECISION TO OPT OUT OF PARTICIPATION IN THE
 PROGRAM OR ELECT TO PARTICIPATE WITH A LEVEL OF  EMPLOYEE  CONTRIBUTIONS
 OTHER THAN THREE PERCENT.
   5. PARTICIPATING EMPLOYERS SHALL SUPPLY THE EMPLOYEE INFORMATION PACK-
 ET  TO  EXISTING EMPLOYEES AT LEAST ONE MONTH PRIOR TO THE PARTICIPATING
 EMPLOYERS' LAUNCH OF THE PROGRAM. PARTICIPATING EMPLOYERS  SHALL  SUPPLY
 THE  EMPLOYEE INFORMATION PACKET TO NEW EMPLOYEES AT THE TIME OF HIRING,
 AND NEW EMPLOYEES MAY OPT OUT OF PARTICIPATION IN THE PROGRAM  OR  ELECT
 TO  PARTICIPATE  WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER THAN THREE
 PERCENT AT THAT TIME.
   § 580. PROGRAM IMPLEMENTATION  AND  ENROLLMENT.  EXCEPT  AS  OTHERWISE
 PROVIDED  IN THIS ARTICLE, THE PROGRAM SHALL BE IMPLEMENTED, AND ENROLL-
 MENT OF EMPLOYEES SHALL  BEGIN,  WITHIN  TWENTY-FOUR  MONTHS  AFTER  THE
 EFFECTIVE  DATE OF THIS ARTICLE. THE PROVISIONS OF THIS SECTION SHALL BE
 IN FORCE AFTER THE BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   1. EACH PARTICIPATING EMPLOYER MAY ELECT TO PROVIDE A PAYROLL  DEPOSIT
 RETIREMENT  SAVINGS ARRANGEMENT TO ALLOW EACH EMPLOYEE TO PARTICIPATE IN
 THE PROGRAM AND BEGIN EMPLOYEE ENROLLMENT NOT  LATER  THAN  NINE  MONTHS
 AFTER THE BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   2.  ENROLLEES  SHALL  HAVE  THE ABILITY TO SELECT A CONTRIBUTION LEVEL
 INTO THE FUND. THIS LEVEL MAY BE EXPRESSED AS A PERCENTAGE OF  WAGES  OR
 AS  A DOLLAR AMOUNT UP TO THE DEDUCTIBLE AMOUNT FOR THE ENROLLEE'S TAXA-
 BLE YEAR UNDER SECTION 219(B)(1)(A) OF THE INTERNAL REVENUE CODE. ENROL-
 LEES MAY CHANGE THEIR CONTRIBUTION LEVEL AT ANY TIME, SUBJECT  TO  RULES
 PROMULGATED  BY THE BOARD. IF AN ENROLLEE FAILS TO SELECT A CONTRIBUTION
 LEVEL USING THE FORM DESCRIBED IN THIS ARTICLE, THEN  HE  OR  SHE  SHALL
 CONTRIBUTE  THREE  PERCENT  OF HIS OR HER WAGES TO THE PROGRAM, PROVIDED
 THAT SUCH CONTRIBUTIONS SHALL NOT CAUSE THE  ENROLLEE'S  TOTAL  CONTRIB-
 UTIONS  TO  IRAS  FOR  THE  YEAR TO EXCEED THE DEDUCTIBLE AMOUNT FOR THE
 ENROLLEE'S TAXABLE YEAR  UNDER  SECTION  219(B)(1)(A)  OF  THE  INTERNAL
 REVENUE  CODE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY ENROLLEE,
 WHOSE EMPLOYER FAILS TO MAKE EMPLOYEE DEDUCTIONS IN ACCORDANCE WITH  THE
 PROVISIONS  IN  SECTION  ONE  HUNDRED NINETY-THREE OF THE LABOR LAW, MAY
 BRING AN ACTION, PURSUANT TO SECTION ONE  HUNDRED  NINETY-EIGHT  OF  THE
 LABOR  LAW, TO RECOVER SUCH MONIES. FURTHER, ANY PARTICIPATING EMPLOYER,
 WHO FAILS TO MAKE EMPLOYEE DEDUCTIONS IN ACCORDANCE WITH THE  PROVISIONS
 IN  SECTION  ONE HUNDRED NINETY-THREE OF THE LABOR LAW, SHALL BE SUBJECT
 TO THE PENALTIES AND FINES PROVIDED FOR IN SECTION ONE  HUNDRED  NINETY-
 EIGHT-A OF THE LABOR LAW.
   3.  ENROLLEES  MAY  SELECT  AN  INVESTMENT  OPTION  OFFERED  UNDER THE
 PROGRAM. ENROLLEES MAY CHANGE  THEIR  INVESTMENT  OPTION  AT  ANY  TIME,
 SUBJECT TO RULES PROMULGATED BY THE BOARD. IN THE EVENT THAT AN ENROLLEE
 FAILS  TO  SELECT AN INVESTMENT OPTION, THAT ENROLLEE SHALL BE PLACED IN
 THE INVESTMENT OPTION SELECTED BY THE BOARD AS THE  DEFAULT  UNDER  THIS
 ARTICLE.
   4.  FOLLOWING  INITIAL  IMPLEMENTATION OF THE PROGRAM PURSUANT TO THIS
 SECTION, AT LEAST ONCE EVERY YEAR, PARTICIPATING EMPLOYERS SHALL  DESIG-
 NATE  AN  OPEN  ENROLLMENT  PERIOD DURING WHICH EMPLOYEES WHO PREVIOUSLY
 OPTED OUT OF THE PROGRAM MAY ENROLL IN THE PROGRAM.

 A. 9505--C                         78
 
   5. AN EMPLOYEE WHO OPTS OUT OF THE PROGRAM WHO SUBSEQUENTLY  WANTS  TO
 PARTICIPATE THROUGH THE PARTICIPATING EMPLOYER'S PAYROLL DEPOSIT RETIRE-
 MENT  SAVINGS  ARRANGEMENT  MAY  ONLY  ENROLL  DURING  THE PARTICIPATING
 EMPLOYER'S DESIGNATED OPEN ENROLLMENT PERIOD  OR  IF  PERMITTED  BY  THE
 PARTICIPATING EMPLOYER AT AN EARLIER TIME.
   6.  EMPLOYERS  SHALL RETAIN THE OPTION AT ALL TIMES TO SET UP ANY TYPE
 OF EMPLOYER-SPONSORED RETIREMENT PLAN INSTEAD OF HAVING A PAYROLL DEPOS-
 IT RETIREMENT SAVINGS ARRANGEMENT TO ALLOW EMPLOYEE PARTICIPATION IN THE
 PROGRAM.
   7. AN ENROLLEE MAY TERMINATE HIS OR HER ENROLLMENT IN THE  PROGRAM  AT
 ANY TIME IN A MANNER PRESCRIBED BY THE BOARD.
   8. (A) THE COMMISSIONER SHALL ESTABLISH A WEBSITE REGARDING THE SECURE
 CHOICE SAVINGS PROGRAM WHICH SHALL BE ACCESSIBLE THROUGH THE COMMISSION-
 ER'S OWN WEBSITE.
   (B)  THE  BOARD SHALL, IN CONJUNCTION WITH THE COMMISSIONER, ESTABLISH
 AND MAINTAIN A SECURE WEBSITE WHEREIN ENROLLEES MAY LOG IN  AND  ACQUIRE
 INFORMATION  REGARDING CONTRIBUTIONS AND INVESTMENT INCOME ALLOCATED TO,
 WITHDRAWALS FROM, AND BALANCES IN THEIR PROGRAM ACCOUNTS FOR THE REPORT-
 ING PERIOD. SUCH WEBSITE MUST ALSO INCLUDE INFORMATION FOR THE ENROLLEES
 REGARDING OTHER OPTIONS AVAILABLE TO  THE  EMPLOYEE  AND  HOW  THEY  CAN
 TRANSFER  THEIR  ACCOUNTS  TO  OTHER PROGRAMS SHOULD THEY WISH TO DO SO.
 SUCH WEBSITE MAY INCLUDE ANY OTHER INFORMATION REGARDING THE PROGRAM  AS
 THE BOARD MAY DETERMINE.
   §  581. PAYMENTS. EMPLOYEE CONTRIBUTIONS DEDUCTED BY THE PARTICIPATING
 EMPLOYER THROUGH PAYROLL DEDUCTION SHALL BE PAID  BY  THE  PARTICIPATING
 EMPLOYER  TO  THE  FUND  USING  ONE  OR  MORE PAYROLL DEPOSIT RETIREMENT
 SAVINGS ARRANGEMENTS  ESTABLISHED  BY  THE  BOARD  UNDER  THIS  ARTICLE,
 EITHER:
   1. ON OR BEFORE THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH
 THE  COMPENSATION  OTHERWISE  WOULD HAVE BEEN PAYABLE TO THE EMPLOYEE IN
 CASH; OR
   2. BEFORE SUCH LATER DEADLINE PRESCRIBED BY THE BOARD FOR MAKING  SUCH
 PAYMENTS,  BUT  NOT  LATER  THAN  THE  DUE  DATE  FOR THE DEPOSIT OF TAX
 REQUIRED TO BE DEDUCTED AND WITHHELD RELATING TO  COLLECTION  OF  INCOME
 TAX  AT  SOURCE  ON  WAGES OR FOR THE DEPOSIT OF TAX REQUIRED TO BE PAID
 UNDER THE UNEMPLOYMENT INSURANCE SYSTEM FOR THE PAYROLL PERIOD TO  WHICH
 SUCH PAYMENTS RELATE.
   §  582.  DUTY  AND  LIABILITY OF THE STATE. 1. THE STATE SHALL HAVE NO
 DUTY OR LIABILITY TO ANY PARTY FOR THE PAYMENT OF ANY RETIREMENT SAVINGS
 BENEFITS ACCRUED BY  ANY  ENROLLEE  UNDER  THE  PROGRAM.  ANY  FINANCIAL
 LIABILITY  FOR  THE  PAYMENT OF RETIREMENT SAVINGS BENEFITS IN EXCESS OF
 FUNDS AVAILABLE UNDER THE PROGRAM SHALL BE BORNE SOLELY BY THE  ENTITIES
 WITH  WHOM THE BOARD CONTRACTS TO PROVIDE INSURANCE TO PROTECT THE VALUE
 OF THE PROGRAM.
   2. NO STATE BOARD, COMMISSION, OR AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 MEMBER THEREOF IS LIABLE FOR  ANY  LOSS  OR  DEFICIENCY  RESULTING  FROM
 PARTICULAR  INVESTMENTS  SELECTED  UNDER  THIS  ARTICLE,  EXCEPT FOR ANY
 LIABILITY THAT ARISES OUT OF A BREACH OF FIDUCIARY DUTY.
   § 583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS. 1.   PARTICIPAT-
 ING EMPLOYERS SHALL NOT HAVE ANY LIABILITY FOR AN EMPLOYEE'S DECISION TO
 PARTICIPATE  IN,  OR OPT OUT OF, THE PROGRAM OR FOR THE INVESTMENT DECI-
 SIONS OF THE BOARD OR OF ANY ENROLLEE.
   2. A PARTICIPATING EMPLOYER SHALL NOT BE A FIDUCIARY, OR CONSIDERED TO
 BE A FIDUCIARY, OVER THE PROGRAM. A  PARTICIPATING  EMPLOYER  SHALL  NOT
 BEAR  RESPONSIBILITY  FOR  THE ADMINISTRATION, INVESTMENT, OR INVESTMENT
 PERFORMANCE OF THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT BE LIABLE

 A. 9505--C                         79
 
 WITH REGARD TO INVESTMENT RETURNS, PROGRAM DESIGN, AND BENEFITS PAID  TO
 PROGRAM PARTICIPANTS.
   § 584. AUDIT AND REPORTS. 1. THE BOARD SHALL ANNUALLY SUBMIT:
   (A) AN AUDITED FINANCIAL REPORT, PREPARED IN ACCORDANCE WITH GENERALLY
 ACCEPTED  ACCOUNTING PRINCIPLES, ON THE OPERATIONS OF THE PROGRAM DURING
 EACH CALENDAR YEAR BY JULY FIRST OF THE FOLLOWING YEAR TO THE  GOVERNOR,
 THE  COMMISSIONER,  THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
 OF THE SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  THE
 CHAIR  OF  THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY LABOR
 COMMITTEE, THE CHAIR OF THE SENATE LABOR COMMITTEE,  THE  CHAIR  OF  THE
 ASSEMBLY  GOVERNMENTAL  EMPLOYEES COMMITTEE, AND THE CHAIR OF THE SENATE
 CIVIL SERVICE AND PENSION COMMITTEE; AND
   (B) A REPORT PREPARED BY THE BOARD, WHICH SHALL INCLUDE,  BUT  IS  NOT
 LIMITED TO, A SUMMARY OF THE BENEFITS PROVIDED BY THE PROGRAM, INCLUDING
 THE  NUMBER  OF  ENROLLEES IN THE PROGRAM, THE PERCENTAGE AND AMOUNTS OF
 INVESTMENT OPTIONS AND RATES OF RETURN, AND SUCH OTHER INFORMATION  THAT
 IS  RELEVANT TO MAKE A FULL, FAIR, AND EFFECTIVE DISCLOSURE OF THE OPER-
 ATIONS OF THE PROGRAM AND THE FUND. THE ANNUAL AUDIT SHALL BE MADE BY AN
 INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT AND SHALL INCLUDE,  BUT  IS  NOT
 LIMITED TO, DIRECT AND INDIRECT COSTS ATTRIBUTABLE TO THE USE OF OUTSIDE
 CONSULTANTS,  INDEPENDENT CONTRACTORS, AND ANY OTHER PERSONS WHO ARE NOT
 STATE EMPLOYEES FOR THE ADMINISTRATION OF THE PROGRAM.
   2. IN ADDITION TO ANY OTHER STATEMENTS OR REPORTS REQUIRED BY LAW, THE
 BOARD SHALL PROVIDE PERIODIC REPORTS AT  LEAST  ANNUALLY  TO  ENROLLEES,
 REPORTING  CONTRIBUTIONS AND INVESTMENT INCOME ALLOCATED TO, WITHDRAWALS
 FROM, AND BALANCES IN THEIR PROGRAM ACCOUNTS FOR THE  REPORTING  PERIOD.
 SUCH  REPORTS MAY INCLUDE ANY OTHER INFORMATION REGARDING THE PROGRAM AS
 THE BOARD MAY DETERMINE.
   § 585. DELAYED IMPLEMENTATION. IF THE BOARD DOES NOT  OBTAIN  ADEQUATE
 FUNDS  TO  IMPLEMENT  THE  PROGRAM WITHIN THE TIME FRAME SET FORTH UNDER
 THIS ARTICLE AND IS SUBJECT TO APPROPRIATION, THE BOARD  MAY  DELAY  THE
 IMPLEMENTATION OF THE PROGRAM.
   § 3. The state finance law is amended by adding two new sections 99-bb
 and 99-cc to read as follows:
   §  99-BB. NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND. 1.  THERE
 IS HEREBY ESTABLISHED WITHIN THE SOLE CUSTODY  OF  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  IN  CONSULTATION  WITH THE NEW YORK STATE SECURE
 CHOICE SAVINGS PROGRAM BOARD, A NEW FUND TO BE KNOWN  AS  THE  NEW  YORK
 STATE SECURE CHOICE SAVINGS PROGRAM FUND.
   2. THE FUND SHALL INCLUDE THE INDIVIDUAL RETIREMENT ACCOUNTS OF ENROL-
 LEES, WHICH SHALL BE ACCOUNTED FOR AS INDIVIDUAL ACCOUNTS.
   3.  MONEYS IN THE FUND SHALL CONSIST OF MONEYS RECEIVED FROM ENROLLEES
 AND PARTICIPATING EMPLOYERS PURSUANT TO AUTOMATIC PAYROLL DEDUCTIONS AND
 CONTRIBUTIONS TO SAVINGS MADE UNDER THE NEW  YORK  STATE  SECURE  CHOICE
 SAVINGS  PROGRAM  PURSUANT  TO  ARTICLE FOURTEEN-C OF THE RETIREMENT AND
 SOCIAL SECURITY LAW.
   4. THE FUND SHALL BE OPERATED IN A MANNER DETERMINED BY THE  NEW  YORK
 STATE  SECURE  CHOICE  SAVINGS  PROGRAM BOARD, PROVIDED THAT THE FUND IS
 OPERATED SO THAT THE ACCOUNTS OF ENROLLEES ESTABLISHED UNDER THE PROGRAM
 MEET THE REQUIREMENTS FOR IRAS UNDER THE INTERNAL REVENUE CODE.
   5. THE AMOUNTS DEPOSITED IN THE FUND SHALL NOT CONSTITUTE PROPERTY  OF
 THE STATE AND THE FUND SHALL NOT BE CONSTRUED TO BE A DEPARTMENT, INSTI-
 TUTION, OR AGENCY OF THE STATE. AMOUNTS ON DEPOSIT IN THE FUND SHALL NOT
 BE  COMMINGLED  WITH STATE FUNDS AND THE STATE SHALL HAVE NO CLAIM TO OR
 AGAINST, OR INTEREST IN, SUCH FUNDS.

 A. 9505--C                         80
 
   § 99-CC. NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND. 1.    THERE
 IS  HEREBY  ESTABLISHED  WITHIN  THE SOLE CUSTODY OF THE COMMISSIONER OF
 TAXATION AND FINANCE IN CONSULTATION WITH  THE  NEW  YORK  STATE  SECURE
 CHOICE  SAVINGS  PROGRAM  BOARD,  A NEW FUND TO BE KNOWN AS THE NEW YORK
 STATE SECURE CHOICE ADMINISTRATIVE FUND.
   2.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE ADMINISTRATIVE FUND TO PAY FOR ADMINISTRATIVE EXPENSES  IT
 INCURS  IN THE PERFORMANCE OF ITS DUTIES UNDER THE NEW YORK STATE SECURE
 CHOICE SAVINGS PROGRAM PURSUANT TO ARTICLE FOURTEEN-C OF THE  RETIREMENT
 AND SOCIAL SECURITY LAW.
   3.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE  ADMINISTRATIVE  FUND  TO  COVER  START-UP  ADMINISTRATIVE
 EXPENSES  IT INCURS IN THE PERFORMANCE OF ITS DUTIES UNDER ARTICLE FOUR-
 TEEN-C OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   4. THE ADMINISTRATIVE FUND MAY RECEIVE  ANY  GRANTS  OR  OTHER  MONEYS
 DESIGNATED  FOR  ADMINISTRATIVE  PURPOSES FROM THE STATE, OR ANY UNIT OF
 FEDERAL OR LOCAL GOVERNMENT, OR ANY OTHER PERSON, FIRM, PARTNERSHIP,  OR
 CORPORATION.  ANY  INTEREST  EARNINGS THAT ARE ATTRIBUTABLE TO MONEYS IN
 THE ADMINISTRATIVE FUND MUST BE DEPOSITED INTO THE ADMINISTRATIVE FUND.
   § 4. This act shall take effect immediately.
 
                                  PART Y
 
                           Intentionally Omitted
 
                                  PART Z
 
                           Intentionally Omitted
 
                                  PART AA
 
                           Intentionally Omitted
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  PART CC
 
                           Intentionally Omitted
 
                                  PART DD

   Section 1. This part enacts into law components of legislation  relat-
 ing  to  local  government  shared  services.   Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  B.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart is set forth in 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 Part sets forth  the  general  effective
 date of this Part.
 
                                 SUBPART A

 A. 9505--C                         81

   Section 1. Section 106-b of the uniform justice court act, as added by
 chapter 87 of the laws of 2008, is amended to read as follows:
 § 106-b. Election  of [a single] ONE OR MORE town [justice] JUSTICES for
            two or more adjacent towns.
   1. Two or more adjacent towns within the same county,  acting  by  and
 through  their  town boards, are authorized to jointly undertake a study
 relating to the election of  [a  single]  ONE  OR  MORE  town  [justice]
 JUSTICES  who  shall  preside in the town courts of each such town. Such
 study shall be commenced upon and conducted pursuant to a  joint  resol-
 ution  adopted  by the town board of each such adjacent town. Such joint
 resolution or a certified copy thereof shall upon adoption be  filed  in
 the  office  of  the  town  clerk of each adjacent town which adopts the
 resolution. No study authorized by this subdivision shall  be  commenced
 until the joint resolution providing for the study shall have been filed
 with  the  town clerks of at least two adjacent towns which adopted such
 joint resolution.
   2. Within thirty days after the conclusion of a study conducted pursu-
 ant to subdivision one of this  section,  each  town  which  shall  have
 adopted  the  joint resolution providing for the study shall publish, in
 its official newspaper or, if there be no official newspaper, in a news-
 paper published in the county and having a  general  circulation  within
 such  town,  notice that the study has been concluded and the time, date
 and place of the town public hearing on  such  study.  Each  town  shall
 conduct a public hearing on the study, conducted pursuant to subdivision
 one of this section, not less than twenty days nor more than thirty days
 after publication of the notice of such public hearing.
   3.  The  town  board  of  each town party to the study shall conduct a
 public hearing upon the findings of such study, and shall hear testimony
 and receive evidence and information thereon with regard to the election
 of one OR MORE town [justice] JUSTICES to preside over the  town  courts
 of  the adjacent towns which are parties to the joint resolution provid-
 ing for the study.
   4. Within sixty days of the last public hearing upon a study conducted
 pursuant to subdivision one of this section, town boards  of  each  town
 which  participated  in such study shall determine whether the town will
 participate in a joint plan providing for the election of [a single] ONE
 OR MORE town [justice] JUSTICES to preside in the town courts of two  or
 more  adjacent towns.  Every such joint plan shall only be approved by a
 town by the adoption of a resolution by the town board providing for the
 adoption of such joint plan. In the event two  or  more  adjacent  towns
 fail  to  adopt a joint plan, all proceedings authorized by this section
 shall terminate and the town courts of  such  towns  shall  continue  to
 operate in accordance with the existing provisions of law.
   5.  Upon  the  adoption of a joint plan by two or more adjacent towns,
 the town boards of the towns adopting such plan shall each adopt a joint
 resolution providing for:
   a. the election of [a single] ONE OR MORE town [justice]  JUSTICES  at
 large to preside in the town courts of the participating towns;
   b. the abolition of the existing office of town justice in the partic-
 ipating towns; and
   c.  the  election of [such single] ONE OR MORE town [justice] JUSTICES
 shall occur at the next general election  of  town  officers  and  every
 fourth year thereafter.
   6.  Upon  the adoption of a joint resolution, such resolution shall be
 forwarded to the state legislature, and  shall  constitute  a  municipal
 home rule message pursuant to article nine of the state constitution and

 A. 9505--C                         82
 
 the  municipal home rule law. No such joint resolution shall take effect
 until state legislation enacting the joint resolution shall have  become
 a law.
   7. Every town justice elected to preside in multiple towns pursuant to
 this  section shall have jurisdiction in each of the participating adja-
 cent towns, shall preside in the town courts of such towns, shall  main-
 tain  separate  records and dockets for each town court, and shall main-
 tain a separate bank account for each town  court  for  the  deposit  of
 moneys received by each town court.
   8.  In  the  event  any  town  court operated pursuant to a joint plan
 enacted into law pursuant to this section is without the services of the
 [single] ONE OR MORE town [justice] JUSTICES because of absence or disa-
 bility, the provisions of section one hundred six of  this  article  and
 the town law shall apply.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
                          Intentionally Omitted.

   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Subparts A and B of this Part shall be
 as specifically set forth in the last section of such Subparts.
 
                                  PART EE

   Section 1. The general municipal law is amended by adding a new  arti-
 cle 12-I to read as follows:
                               ARTICLE 12-I
                    COUNTY-WIDE SHARED SERVICES PANELS
 SECTION 239-BB. COUNTY-WIDE SHARED SERVICES PANELS.
   §  239-BB.  COUNTY-WIDE  SHARED  SERVICES  PANELS. 1. DEFINITIONS. THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS FOR  THE  PURPOSES  OF
 THIS ARTICLE:
   A. "COUNTY" SHALL MEAN ANY COUNTY NOT WHOLLY CONTAINED WITHIN A CITY.
   B.  "COUNTY  CEO"  SHALL  MEAN THE COUNTY EXECUTIVE, COUNTY MANAGER OR
 OTHER CHIEF EXECUTIVE OF THE COUNTY, OR, WHERE NONE, THE  CHAIR  OF  THE
 COUNTY LEGISLATIVE BODY.
   C.  "PANEL" SHALL MEAN A COUNTY-WIDE SHARED SERVICES PANEL ESTABLISHED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   D. "PLAN" SHALL  MEAN  A  COUNTY-WIDE  SHARED  SERVICES  PROPERTY  TAX
 SAVINGS PLAN.
   2. COUNTY-WIDE SHARED SERVICES PANELS. A. THERE SHALL BE A COUNTY-WIDE
 SHARED  SERVICES  PANEL IN EACH COUNTY CONSISTING OF THE COUNTY CEO, AND
 ONE REPRESENTATIVE FROM EACH CITY, TOWN AND VILLAGE IN THE  COUNTY.  THE
 CHIEF  EXECUTIVE  OFFICER  OF  EACH  TOWN, CITY AND VILLAGE SHALL BE THE
 REPRESENTATIVE TO A PANEL AND SHALL  BE  THE  MAYOR,  IF  A  CITY  OR  A

 A. 9505--C                         83
 
 VILLAGE,  OR  SHALL  BE  THE SUPERVISOR, IF A TOWN. THE COUNTY CEO SHALL
 SERVE AS CHAIR. ALL PANELS ESTABLISHED IN EACH COUNTY PURSUANT  TO  PART
 BBB  OF  CHAPTER  FIFTY-NINE  OF THE LAWS OF TWO THOUSAND SEVENTEEN, AND
 PRIOR  TO  THE ENACTMENT OF THIS ARTICLE, SHALL CONTINUE IN SATISFACTION
 OF THIS SECTION IN SUCH FORM AS THEY WERE ESTABLISHED, PROVIDED THAT THE
 COUNTY CEO MAY ALTER THE MEMBERSHIP OF THE PANEL CONSISTENT  WITH  PARA-
 GRAPH B OF THIS SUBDIVISION.
   B. THE COUNTY CEO MAY INVITE ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES,  FIRE  DISTRICT,  FIRE  PROTECTION  DISTRICT,  OR
 SPECIAL IMPROVEMENT DISTRICT IN THE COUNTY TO JOIN A  PANEL.  UPON  SUCH
 INVITATION, THE GOVERNING BODY OF SUCH SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE  EDUCATIONAL SERVICES, FIRE DISTRICT, FIRE PROTECTION DISTRICT, OR
 OTHER SPECIAL DISTRICT MAY ACCEPT SUCH INVITATION BY SELECTING A  REPRE-
 SENTATIVE OF SUCH GOVERNING BODY, BY MAJORITY VOTE, TO SERVE AS A MEMBER
 OF  THE  PANEL.  SUCH  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, FIRE DISTRICT,  FIRE  PROTECTION  DISTRICT  OR  OTHER  SPECIAL
 DISTRICT  SHALL  MAINTAIN  SUCH  REPRESENTATION  UNTIL  THE PANEL EITHER
 APPROVES A PLAN OR TRANSMITS A STATEMENT TO THE SECRETARY  OF  STATE  ON
 THE  REASON THE PANEL DID NOT APPROVE A PLAN, PURSUANT TO PARAGRAPH D OF
 SUBDIVISION SEVEN OF THIS SECTION.  UPON APPROVAL OF A PLAN OR A  TRANS-
 MISSION  OF  A  STATEMENT TO THE SECRETARY OF STATE THAT A PANEL DID NOT
 APPROVE A PLAN IN ANY CALENDAR YEAR, THE COUNTY CEO MAY, BUT  NEED  NOT,
 INVITE  ANY  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
 FIRE DISTRICT, FIRE PROTECTION DISTRICT OR SPECIAL IMPROVEMENT  DISTRICT
 IN THE COUNTY TO JOIN A PANEL THEREAFTER CONVENED.
   3.  EACH  COUNTY  CEO SHALL, AFTER SATISFYING THE REQUIREMENTS OF PART
 BBB OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN,  REVISE
 AND  UPDATE A PREVIOUSLY APPROVED PLAN OR DEVELOP A NEW PLAN. SUCH PLANS
 SHALL CONTAIN NEW, RECURRING PROPERTY TAX SAVINGS RESULTING FROM ACTIONS
 SUCH AS, BUT NOT LIMITED TO, THE ELIMINATION  OF  DUPLICATIVE  SERVICES;
 SHARED  SERVICE ARRANGEMENTS INCLUDING, JOINT PURCHASING, SHARED HIGHWAY
 EQUIPMENT, SHARED STORAGE FACILITIES, SHARED PLOWING SERVICES, AND ENER-
 GY AND INSURANCE PURCHASING COOPERATIVES; REDUCING BACK OFFICE  ADMINIS-
 TRATIVE  OVERHEAD;  AND  BETTER-COORDINATING  SERVICES. THE SECRETARY OF
 STATE MAY PROVIDE GUIDANCE ON THE FORM AND STRUCTURE OF SUCH PLANS.
   4. WHILE DEVELOPING A PLAN, THE COUNTY  CEO  SHALL  REGULARLY  CONSULT
 WITH,  AND TAKE RECOMMENDATIONS FROM, THE REPRESENTATIVES: ON THE PANEL;
 OF EACH COLLECTIVE BARGAINING UNIT OF THE COUNTY AND THE CITIES,  TOWNS,
 AND  VILLAGES; AND OF EACH COLLECTIVE BARGAINING UNIT OF ANY PARTICIPAT-
 ING SCHOOL DISTRICT, BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES,  FIRE
 DISTRICT, FIRE PROTECTION DISTRICT, OR SPECIAL IMPROVEMENT DISTRICT.
   5.  THE  COUNTY  CEO,  THE  COUNTY  LEGISLATIVE BODY AND A PANEL SHALL
 ACCEPT INPUT FROM THE PUBLIC, CIVIC, BUSINESS, LABOR AND COMMUNITY LEAD-
 ERS ON ANY PROPOSED PLAN. THE COUNTY CEO SHALL CAUSE TO BE  CONDUCTED  A
 MINIMUM OF THREE PUBLIC HEARINGS PRIOR TO SUBMISSION OF A PLAN TO A VOTE
 OF A PANEL. ALL SUCH PUBLIC HEARINGS SHALL BE CONDUCTED WITHIN THE COUN-
 TY,  AND  PUBLIC  NOTICE OF ALL SUCH HEARINGS SHALL BE PROVIDED AT LEAST
 ONE WEEK PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION  ONE  OF  SECTION
 ONE  HUNDRED  FOUR  OF THE PUBLIC OFFICERS LAW.  CIVIC, BUSINESS, LABOR,
 AND COMMUNITY LEADERS, AS WELL  AS  MEMBERS  OF  THE  PUBLIC,  SHALL  BE
 PERMITTED TO PROVIDE PUBLIC TESTIMONY AT ANY SUCH HEARINGS.
   6.  A. THE COUNTY CEO SHALL SUBMIT EACH PLAN, ACCOMPANIED BY A CERTIF-
 ICATION AS TO THE ACCURACY OF THE  SAVINGS  CONTAINED  THEREIN,  TO  THE
 COUNTY  LEGISLATIVE BODY AT LEAST FORTY-FIVE DAYS PRIOR TO A VOTE BY THE
 PANEL.

 A. 9505--C                         84
 
   B. THE COUNTY LEGISLATIVE BODY SHALL REVIEW  AND  CONSIDER  EACH  PLAN
 SUBMITTED IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION. A MAJORITY
 OF  THE  MEMBERS OF SUCH BODY MAY ISSUE AN ADVISORY REPORT ON EACH PLAN,
 MAKING RECOMMENDATIONS AS DEEMED NECESSARY. THE COUNTY CEO MAY MODIFY  A
 PLAN  BASED  ON  SUCH  RECOMMENDATIONS,  WHICH  SHALL INCLUDE AN UPDATED
 CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS CONTAINED THEREIN.
   7. A. A PANEL SHALL DULY CONSIDER ANY PLAN PROPERLY SUBMITTED  TO  THE
 PANEL  BY THE COUNTY CEO AND MAY APPROVE SUCH PLAN BY A MAJORITY VOTE OF
 THE PANEL. EACH MEMBER OF A PANEL MAY, PRIOR  TO  THE  PANEL-WIDE  VOTE,
 CAUSE  TO  BE REMOVED FROM A PLAN ANY PROPOSED ACTION AFFECTING THE UNIT
 OF GOVERNMENT REPRESENTED BY THE RESPECTIVE MEMBER.  WRITTEN  NOTICE  OF
 SUCH  REMOVAL  SHALL BE PROVIDED TO THE COUNTY CEO PRIOR TO A PANEL-WIDE
 VOTE ON A PLAN.
   B. PLANS APPROVED BY A PANEL SHALL BE TRANSMITTED TO THE SECRETARY  OF
 STATE  NO  LATER  THAN  THIRTY DAYS FROM THE DATE OF APPROVAL BY A PANEL
 ACCOMPANIED BY A CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS  ACCOM-
 PANIED  THEREIN,  AND SHALL BE PUBLICLY DISSEMINATED TO RESIDENTS OF THE
 COUNTY IN A CONCISE, CLEAR, AND COHERENT MANNER USING WORDS WITH  COMMON
 AND EVERYDAY MEANING.
   C.  THE COUNTY CEO SHALL CONDUCT A PUBLIC PRESENTATION OF ANY APPROVED
 PLAN NO LATER THAN THIRTY DAYS FROM THE DATE OF  APPROVAL  BY  A  PANEL.
 PUBLIC  NOTICE  OF SUCH PRESENTATION SHALL BE PROVIDED AT LEAST ONE WEEK
 PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
 FOUR OF THE PUBLIC OFFICERS LAW.
   D. BEGINNING IN TWO THOUSAND TWENTY, BY  JANUARY  FIFTEENTH  FOLLOWING
 ANY CALENDAR YEAR DURING WHICH A PANEL DID NOT APPROVE A PLAN AND TRANS-
 MIT  SUCH PLAN TO THE SECRETARY OF STATE PURSUANT TO PARAGRAPH B OF THIS
 SUBDIVISION, SUCH PANEL SHALL RELEASE TO THE PUBLIC AND TRANSMIT TO  THE
 SECRETARY  OF STATE A STATEMENT EXPLAINING WHY THE PANEL DID NOT APPROVE
 A PLAN THAT YEAR, INCLUDING, FOR EACH VOTE ON A PLAN, THE VOTE TAKEN  BY
 EACH PANEL MEMBER AND AN EXPLANATION BY EACH PANEL MEMBER OF THEIR VOTE.
   8. THE SECRETARY OF STATE MAY SOLICIT, AND THE PANELS SHALL PROVIDE AT
 HER  OR  HIS  REQUEST,  ADVICE,  GUIDANCE AND RECOMMENDATIONS CONCERNING
 MATTERS RELATED TO  THE  OPERATIONS  OF  LOCAL  GOVERNMENTS  AND  SHARED
 SERVICES  INITIATIVES, INCLUDING, BUT NOT LIMITED TO, MAKING RECOMMENDA-
 TIONS  REGARDING  GRANT  PROPOSALS  INCORPORATING  ELEMENTS  OF   SHARED
 SERVICES,   GOVERNMENT  DISSOLUTIONS,  GOVERNMENT  AND  SERVICE  CONSOL-
 IDATIONS, OR PROPERTY TAXES AND SUCH OTHER GRANTS  WHERE  THE  SECRETARY
 DEEMS  THE INPUT OF THE PANELS TO BE IN THE BEST INTEREST OF THE PUBLIC.
 THE PANEL SHALL ADVANCE SUCH ADVICE, GUIDANCE OR  RECOMMENDATIONS  BY  A
 VOTE OF THE MAJORITY OF THE MEMBERS PRESENT AT SUCH MEETING.
   9. THE DEPARTMENT OF STATE SHALL PREPARE A REPORT TO THE GOVERNOR, THE
 MAJORITY  LEADER  OF  THE  SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE
 COUNTY-WIDE SHARED SERVICES PANELS CREATED PURSUANT TO PART BBB OF CHAP-
 TER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN  AND  THIS  ARTICLE
 AND SHALL POST THE REPORT ON THE DEPARTMENT'S WEBSITE. SUCH REPORT SHALL
 BE  PROVIDED  ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-ONE
 AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   A. A SUMMARY OF PLANS BY PROJECT CATEGORY, INCLUDING, BUT NOT  LIMITED
 TO, THE FOLLOWING:
   (1) PUBLIC HEALTH AND INSURANCE;
   (2) EMERGENCY SERVICES;
   (3) SEWER, WATER, AND WASTE MANAGEMENT SYSTEMS;
   (4) ENERGY PROCUREMENT AND EFFICIENCY;
   (5) PARKS AND RECREATION;
   (6) EDUCATION AND WORKFORCE TRAINING;

 A. 9505--C                         85
 
   (7) LAW AND COURTS;
   (8) SHARED EQUIPMENT, PERSONNEL, AND SERVICES;
   (9) JOINT PURCHASING;
   (10) GOVERNMENTAL REORGANIZATION;
   (11) TRANSPORTATION AND HIGHWAY DEPARTMENTS; AND
   (12) RECORDS MANAGEMENT AND ADMINISTRATIVE FUNCTIONS.
   B. FOR EACH OF THE COUNTIES THE FOLLOWING INFORMATION:
   (1)  A  DETAILED  SUMMARY  OF  EACH  OF  THE  SAVINGS PLANS, INCLUDING
 REVISIONS AND UPDATES SUBMITTED EACH YEAR OR  THE  STATEMENT  EXPLAINING
 WHY THE COUNTY DID NOT APPROVE A PLAN IN ANY YEAR;
   (2) THE ANTICIPATED SAVINGS FOR EACH PLAN;
   (3)  SAVINGS  THAT ARE ACTUALLY AND DEMONSTRABLY REALIZED BY EACH PLAN
 FROM IMPLEMENTATION THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY;
   (4) ANY COSTS INCURRED BY THE COUNTY FOR  THE  ADMINISTRATION  OF  THE
 PANELS;
   (5) THE NUMBER OF CITIES, TOWNS AND VILLAGES IN THE COUNTY;
   (6)  THE  NUMBER  OF CITIES, TOWNS AND VILLAGES THAT PARTICIPATED IN A
 PANEL;
   (7) THE NUMBER OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICTS,  FIRE PROTECTION DISTRICTS, OR OTHER SPECIAL
 DISTRICTS IN THE COUNTY;
   (8) THE NUMBER OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICTS,  FIRE PROTECTION DISTRICTS, OR OTHER SPECIAL
 DISTRICTS INVITED TO PARTICIPATE IN A PANEL;
   (9) THE NUMBER OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE  EDUCATIONAL
 SERVICES,  FIRE  DISTRICTS,  FIRE PROTECTION DISTRICTS, OR OTHER SPECIAL
 DISTRICTS THAT PARTICIPATED IN A PANEL;
   (10) THE AMOUNT OF  SAVINGS  ACHIEVED  BY  EACH  PARTICIPATING  SCHOOL
 DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, FIRE DISTRICT, FIRE
 PROTECTION DISTRICT OR OTHER SPECIAL DISTRICT;
   (11)  THE  NUMBER OF RECOMMENDATIONS RECEIVED FROM UNITS OF GOVERNMENT
 WITHIN THE COUNTY;
   (12) THE NUMBER OF RECOMMENDATIONS RECEIVED FROM COLLECTIVE BARGAINING
 UNITS;
   (13) THE NUMBER OF PUBLIC HEARINGS HELD EACH YEAR AND  THE  AMOUNT  OF
 PUBLIC PARTICIPATION AT SUCH HEARINGS;
   (14)  ANY  ADVISORY REPORTS APPROVED BY THE COUNTY LEGISLATURE AND ANY
 MODIFICATIONS MADE AS A RESULT OF AN ADVISORY REPORT;
   (15) ANY PROPOSED ACTIONS REMOVED AT THE REQUEST OF AN AFFECTED  LOCAL
 GOVERNMENT;
   (16)  THE NUMBER OF PROPOSED ACTIONS THAT ACTUALLY ELIMINATED DUPLICA-
 TIVE SERVICES OR WERE NEW SHARED SERVICE AGREEMENTS;
   (17) ANY REDUCTIONS TO THE TAX CAP OF A PARTICIPATING UNIT OF  GOVERN-
 MENT DUE TO THE TRANSFER OF A SERVICE; AND
   (18) ANY REAL PROPERTY TAX SAVINGS LISTED BY UNIT OF GOVERNMENT.
   §  2. If any clause, sentence, paragraph, subdivision, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment shall not affect, impair, or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph,  subdivision,  section  or  part  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed April 1, 2021.

 A. 9505--C                         86
 
                                  PART FF
 
   Section  1.  Subdivision 7 of section 2046-c of the public authorities
 law, as added by chapter 632 of the laws of the 1982, is amended to read
 as follows:
   7. There shall be an annual independent  audit  of  the  accounts  and
 business  practices of the agency performed by independent outside audi-
 tors [nominated by the director of the division of the budget]. Any such
 auditor shall serve no more than three consecutive years.
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
   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. New York state thruway authority account (21905).
   24. Mental hygiene program fund account (21907).
   25. Mental hygiene patient income account (21909).
   26. Financial control board account (21911).
   27. Regulation of racing account (21912).
   28. New York Metropolitan Transportation Council account (21913).
   29. State university dormitory income reimbursable account (21937).
   30. Criminal justice improvement account (21945).
   31. Environmental laboratory reference fee account (21959).
   32. Clinical laboratory reference system assessment account (21962).
   33. Indirect cost recovery account (21978).
   34. High school equivalency program account (21979).
   35. Multi-agency training account (21989).
   36.  Interstate  reciprocity  for  post-secondary  distance  education
 account (23800).

 A. 9505--C                         87
 
   37. Bell jar collection account (22003).
   38. Industry and utility service account (22004).
   39. Real property disposition account (22006).
   40. Parking account (22007).
   41. Courts special grants (22008).
   42. Asbestos safety training program account (22009).
   43. Batavia school for the blind account (22032).
   44. Investment services account (22034).
   45. Surplus property account (22036).
   46. Financial oversight account (22039).
   47. Regulation of Indian gaming account (22046).
   48. Rome school for the deaf account (22053).
   49. Seized assets account (22054).
   50. Administrative adjudication account (22055).
   51. Federal salary sharing account (22056).
   52. New York City assessment account (22062).
   53. Cultural education account (22063).
   54. Local services account (22078).
   55. DHCR mortgage servicing account (22085).
   56. Housing indirect cost recovery account (22090).
   57. DHCR-HCA application fee account (22100).
   58. Low income housing monitoring account (22130).
   59. Corporation administration account (22135).
   60. Montrose veteran's home account (22144).
   61. Deferred compensation administration account (22151).
   62. Rent revenue other New York City account (22156).
   63. Rent revenue account (22158).
   64. Tax revenue arrearage account (22168).
   65. Intentionally omitted.
   66. State university general income offset account (22654).
   67. Lake George park trust fund account (22751).
   68. State police motor vehicle law enforcement account (22802).
   69. Highway safety program account (23001).
   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 use tax administration account (23801).
   75. Fantasy sports administration account (24951).
   76. Highway and bridge capital account (30051).
   77. Aviation purpose account (30053).
   78. State university residence hall rehabilitation fund (30100).
   79. State parks infrastructure account (30351).
   80. Clean water/clean air implementation fund (30500).
   81. Hazardous waste remedial cleanup account (31506).
   82. Youth facilities improvement account (31701).
   83. Housing assistance fund (31800).
   84. Housing program fund (31850).
   85. Highway facility purpose account (31951).
   86. Information technology capital financing account (32215).
   87. New York racing account (32213).
   88. Capital miscellaneous gifts account (32214).
   89.  New  York  environmental protection and spill remediation account
 (32219).
   90. Mental hygiene facilities capital improvement fund (32300).
   91. Correctional facilities capital improvement fund (32350).

 A. 9505--C                         88
 
   92. New York State Storm Recovery Capital Fund (33000).
   93. OGS convention center account (50318).
   94. Empire Plaza Gift Shop (50327).
   95. Centralized services fund (55000).
   96. Archives records management account (55052).
   97. Federal single audit account (55053).
   98. Civil service EHS occupational health program account (55056).
   99. Banking services account (55057).
   100. Cultural resources survey account (55058).
   101. Neighborhood work project account (55059).
   102. Automation & printing chargeback account (55060).
   103. OFT NYT account (55061).
   104. Data center account (55062).
   105. Intrusion detection account (55066).
   106. Domestic violence grant account (55067).
   107. Centralized technology services account (55069).
   108. Labor contact center account (55071).
   109. Human services contact center account (55072).
   110. Tax contact center account (55073).
   111. Executive direction internal audit account (55251).
   112. CIO Information technology centralized services account (55252).
   113. Health insurance internal service account (55300).
   114.  Civil  service employee benefits division administrative account
 (55301).
   115. Correctional industries revolving fund (55350).
   116. Employees health insurance account (60201).
   117. Medicaid management information system escrow fund (60900).
   118. Department of law civil recoveries account.
   § 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).
   § 1-b. 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 fund within the special reven-
 ue,  capital projects, proprietary or fiduciary funds for the purpose of
 payment of any fringe benefit or  indirect  cost  liabilities  or  obli-
 gations incurred.
   §  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, 2019, up to the unencumbered balance or the  follow-
 ing amounts:
   Economic Development and Public Authorities:

 A. 9505--C                         89
 
   1.  $175,000  from the miscellaneous special revenue fund, underground
 facilities safety training account (22172), to the general fund.
   2. $2,500,000 from the miscellaneous special revenue fund, cable tele-
 vision account (21971), to the general fund.
   3.  An  amount  up  to the unencumbered balance from the miscellaneous
 special revenue fund, business and licensing services  account  (21977),
 to the general fund.
   4.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
 enforcement account (21904), to the general fund.
   5. $3,000,000 from the  general  fund  to  the  miscellaneous  special
 revenue fund, tax revenue arrearage account (22168).
   Education:
   1.  $2,294,000,000  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.  $906,800,000  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. $140,040,000 from the general fund to the New York state commercial
 gaming fund, commercial gaming revenue account (23701), as reimbursement
 for  disbursements made from such fund for supplemental aid to education
 pursuant to section 97-nnnn of the state finance law that are in  excess
 of  the  amounts deposited in such fund for purposes pursuant to section
 1352 of the racing, pari-mutuel wagering and breeding law.
   4. Moneys from the state lottery fund (20900) up to an amount deposit-
 ed in such fund pursuant to section 1612 of the tax law in excess of the
 current year appropriation for supplemental aid to education pursuant to
 section 92-c of the state finance law.
   5. $300,000 from the New York state local government  records  manage-
 ment  improvement  fund,  local  government  records  management account
 (20501), to the New York state archives partnership trust fund, archives
 partnership trust maintenance account (20351).
   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. $20,000,000 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. $44,000,000 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,  2018  through  March  31,
 2019.
   12.  $4,300,000 from the miscellaneous special revenue fund, office of
 the professions account (22051), to the miscellaneous  capital  projects
 fund, office of the professions electronic licensing account (32200).

 A. 9505--C                         90
 
   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.  $5,000,000  from  any of the department of environmental conserva-
 tion's special revenue federal funds to the conservation fund (21150) as
 necessary 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  capital
 projects fund, I love NY water account (32212).
   5.  $28,000,000  from the general fund to the environmental protection
 fund, environmental protection fund transfer account (30451).
   6. $6,500,000 from the general fund to the  hazardous  waste  remedial
 fund, hazardous waste oversight and assistance account (31505).
   7.  An  amount  up  to or equal to the cash balance within the special
 revenue-other waste management & cleanup account (21053) to the  capital
 projects  fund  (30000) for services and capital expenses related to the
 management and cleanup program as put forth in section  27-1915  of  the
 environmental conservation law.
   Family Assistance:
   1.  $7,000,000 from any of the office of children and family services,
 office of temporary and disability assistance, or department  of  health
 special  revenue  federal funds and the general fund, in accordance with
 agreements with social services districts, to the miscellaneous  special
 revenue  fund, office of human resources development state match account
 (21967).
   2. $4,000,000 from any of the office of children and  family  services
 or office of temporary and disability assistance special revenue federal
 funds to the miscellaneous special revenue fund, family preservation and
 support services and family violence services account (22082).
   3. $18,670,000 from any of the office of children and family services,
 office  of  temporary and disability assistance, or department of health
 special revenue federal  funds  and  any  other  miscellaneous  revenues
 generated  from  the operation of office of children and family services
 programs to the general fund.
   4. $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  funds to the miscellaneous special revenue
 fund, office of temporary  and  disability  assistance  program  account
 (21980).
   6.  $7,400,000 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.  $205,000,000  from  the  miscellaneous special revenue fund, youth
 facility per diem account (22186), to the general fund.
   8. $621,850 from the general fund to the combined gifts,  grants,  and
 bequests fund, WB Hoyt Memorial account (20128).

 A. 9505--C                         91
 
   9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
 central registry (22028), to the general fund.
   General Government:
   1. $1,566,000 from the miscellaneous special revenue fund, examination
 and miscellaneous revenue account (22065) to the general fund.
   2.  $8,083,000 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.  $21,778,000  from  the  general  fund to the centralized services
 fund, COPS account (55013).
   11. $13,960,000 from the general fund to the agencies internal service
 fund, central technology services account (55069), for  the  purpose  of
 enterprise technology projects.
   12. $5,500,000 from the miscellaneous special revenue fund, technology
 financing  account  (22207)  to  the  internal service fund, data center
 account (55062).
   13. $12,500,000 from the internal service fund, human services telecom
 account (55063) to  the  internal  service  fund,  data  center  account
 (55062).
   14.  $300,000  from  the  internal  service  fund, learning management
 systems account (55070)  to  the  internal  service  fund,  data  center
 account (55062).
   15.  $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,
 (32218).
   16. $12,000,000 from the miscellaneous special revenue  fund,  parking
 services  account (22007), to the centralized services, building support
 services account (55018).
   17. $6,000,000 from the general fund to  the  internal  service  fund,
 business services center account (55022).
   Health:
   1.  A transfer from the general fund to the combined gifts, grants and
 bequests fund, breast cancer research and education account (20155),  up
 to  an  amount  equal  to  the  monies collected and deposited into that
 account in the previous fiscal year.
   2. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund,  prostate  cancer  research,  detection,  and  education
 account (20183), up to an amount  equal  to  the  moneys  collected  and
 deposited into that account in the previous fiscal year.

 A. 9505--C                         92
 
   3.  A transfer from the general fund to the combined gifts, grants and
 bequests fund,  Alzheimer's  disease  research  and  assistance  account
 (20143),  up  to  an  amount equal to the moneys collected and deposited
 into that account in the previous fiscal year.
   4.  $33,134,000  from the HCRA resources fund (20800) to the miscella-
 neous special revenue fund, empire state stem cell  trust  fund  account
 (22161).
   5. $6,000,000 from the miscellaneous special revenue fund, certificate
 of  need  account  (21920),  to the miscellaneous capital projects fund,
 healthcare IT capital subfund (32216).
   6. $2,000,000 from  the  miscellaneous  special  revenue  fund,  vital
 health  records  account  (22103), to the miscellaneous capital projects
 fund, healthcare IT capital subfund (32216).
   7. $2,000,000 from the miscellaneous  special  revenue  fund,  profes-
 sional  medical  conduct  account  (22088), to the miscellaneous capital
 projects fund, healthcare IT capital subfund (32216).
   8. $91,304,000 from the HCRA resources fund  (20800)  to  the  capital
 projects fund (30000).
   9.  $6,550,000  from  the  general fund to the medical marihuana trust
 fund, health operation and oversight account (23755).
   10. $1,086,000 from the miscellaneous special  revenue  fund,  certif-
 icate of need account (21920), to the general fund.
   11.  A  transfer  of up to $500 million from the miscellaneous special
 revenue fund, health care stabilization account to  the  HCRA  resources
 fund (20800).
   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. $11,700,000 from the unemployment insurance  interest  and  penalty
 fund,  unemployment  insurance  special  interest  and  penalty  account
 (23601), to the general fund.
   3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
 compensation  account  (21995),  to  the  training and education program
 occupation safety and health fund, OSHA-training and  education  account
 (21251) and occupational health inspection account (21252).
   Mental Hygiene:
   1.  $10,000,000  from  the  general fund, to the miscellaneous special
 revenue fund, federal salary sharing account (22056).
   2. $1,800,000,000 from the general fund to the  miscellaneous  special
 revenue fund, mental hygiene patient income account (21909).
   3.  $2,200,000,000  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 general fund, to the agencies internal  service
 fund, civil service EHS occupational health program account (55056).
   7.  $15,000,000  from  the chemical dependence service fund, substance
 abuse services fund  account  (22700),  to  the  capital  projects  fund
 (30000).
   8.  $3,000,000  from  the  chemical dependence service fund, substance
 abuse services fund account  (22700),  to  the  mental  hygiene  capital
 improvement fund (32305).

 A. 9505--C                         93
 
   9.  $3,000,000  from  the  chemical dependence service fund, substance
 abuse services fund account (22700), to the general fund.
   Public Protection:
   1.  $1,350,000  from the miscellaneous special revenue fund, emergency
 management account (21944), to the general fund.
   2. $2,087,000 from the  general  fund  to  the  miscellaneous  special
 revenue fund, recruitment incentive account (22171).
   3.  $20,773,000  from  the general fund to the correctional industries
 revolving  fund,  correctional  industries  internal   service   account
 (55350).
   4. $60,000,000 from any of the division of homeland security and emer-
 gency services special revenue federal funds to the general fund.
   5.  $8,600,000  from  the miscellaneous special revenue fund, criminal
 justice improvement account (21945), to the general fund.
   6. $115,420,000 from the state police motor  vehicle  law  enforcement
 and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
 police motor vehicle enforcement account (22802), to  the  general  fund
 for state operation expenses of the division of state police.
   7.  $118,500,000  from the general fund to the correctional facilities
 capital improvement fund (32350).
   8. $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.
   9.  $10,000,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to  the  capital  projects
 fund (30000).
   10.  $9,830,000  from the miscellaneous special revenue fund, criminal
 justice improvement account (21945), to the general fund.
   11. $1,000,000 from the general fund to the agencies internal  service
 fund, neighborhood work project account (55059).
   12.  $7,980,000  from  the miscellaneous special revenue fund, finger-
 print identification & technology account (21950), to the general fund.
   13. $1,100,000 from the state police motor vehicle law enforcement and
 motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
 theft and insurance fraud account (22801), to the general fund.
   14. $50,000,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to the general fund.
   Transportation:
   1. $17,672,000 from the federal miscellaneous operating grants fund to
 the  miscellaneous special revenue fund, New York Metropolitan Transpor-
 tation Council account (21913).
   2. $20,147,000 from the federal capital projects fund to the miscella-
 neous special revenue fund, New York Metropolitan Transportation Council
 account (21913).
   3. $15,058,017 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.
   4. $720,000,000 from the general fund to  the  dedicated  highway  and
 bridge trust fund (30050).
   5.  $244,250,000 from the general fund to the MTA financial assistance
 fund, mobility tax trust account (23651).
   6. $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

 A. 9505--C                         94
 
 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.
   7.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
 adjudication account (22055), to the general fund.
   8. $17,421,000 from the mass transportation operating assistance fund,
 metropolitan mass transportation operating assistance  account  (21402),
 to the capital projects fund (30000).
   9. Intentionally omitted.
   10.  $3,662,000  from the miscellaneous special revenue fund, accident
 prevention course program account (22094), to the dedicated highway  and
 bridge trust fund (30050).
   11. $3,065,000 from the miscellaneous special revenue fund, motorcycle
 safety  account  (21976), to the dedicated highway and bridge trust fund
 (30050).
   12. $114,000 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. $18,550,000 from the general fund, community  projects  account  GG
 (10256), to the general fund, state purposes account (10050).
   5.  $100,000,000  from any special revenue federal fund to the general
 fund, state purposes account (10050).
   § 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, 2019:
   1.  Upon request of the commissioner of environmental conservation, up
 to $12,531,400 from revenues credited to any of the department of  envi-
 ronmental  conservation special revenue funds, including $4,000,000 from
 the environmental protection and oil spill  compensation  fund  (21200),
 and  $1,819,600 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.

 A. 9505--C                         95
 
   6.  Upon  request  of the commissioner of health up to $8,500,000 from
 revenues credited to any of the department of health's  special  revenue
 funds, to the miscellaneous special revenue fund, administration account
 (21982).
   § 4. On or before March 31, 2019, 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.
   §  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, the state university income fund general revenue
 account  (22653)  for  reimbursement  of  bondable equipment for further
 transfer to the state's general fund.
   § 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, 2019, up to $16,000,000 from the  state
 university  income  fund  general  revenue  account (22653) to the state
 general fund for debt service costs related to campus supported  capital
 project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
 University at Buffalo.
   § 7. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon  consultation  with  the  state university chancellor or his or her
 designee, on or before March 31, 2019, up to $6,500,000 from  the  state
 university  income  fund  general  revenue  account (22653) to the state
 general fund for debt service costs related to campus supported  capital
 project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
 University at Albany.
   § 8. Notwithstanding any law to the  contrary,  the  state  university
 chancellor or his or her designee is authorized and directed to transfer
 estimated  tuition revenue balances from the state university collection
 fund (61000) to the  state  university  income  fund,  state  university
 general revenue offset account (22655) on or before March 31, 2019.
   §  9.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to $1,019,348,300 from the general fund to the state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1, 2018 through June 30, 2019 to support operations at
 the state university.
   § 9-a. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to $78,564,000 from the general fund  to  the  state  university  income
 fund,  state  university  hospitals  income reimbursable account (22656)
 during the period July 1, 2018 through June 30, 2019 to reflect  ongoing
 state  subsidy  of  SUNY  hospitals and to pay costs attributable to the
 SUNY hospitals' state agency status.

 A. 9505--C                         96
 
   § 10. Notwithstanding any law to the contrary, and in accordance  with
 section  4 of the state financial law, the comptroller is hereby author-
 ized and directed to transfer, upon request of the director of the budg-
 et, up to $20,000,000 from the general  fund  to  the  state  university
 income  fund,  state  university  general revenue offset account (22655)
 during the period of July 1, 2018 to June 30, 2019 to support operations
 at the state university in accordance with  the  maintenance  of  effort
 pursuant to clause (v) of subparagraph (4) of paragraph h of subdivision
 2 of section 355 of the education law.
   §  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 $47,436,000 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, 2019.
   §  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, 2019.
   § 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 an amount not to
 exceed $80 million from each fund.
   § 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, 2019, 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

 A. 9505--C                         97
 
 salary  sharing account (22056), or the general fund in any combination,
 the aggregate of which shall not exceed $350 million.
   §  15.  Subdivision  5  of  section  97-f of the state finance law, as
 amended by chapter 18 of the  laws  of  2003,  is  amended  to  read  as
 follows:
   5. The comptroller shall from time to time, but in no event later than
 the  fifteenth  day  of  each  month, pay over for deposit in the mental
 hygiene [patient income]  GENERAL  FUND  STATE  OPERATIONS  account  all
 moneys  in  the  mental  health services fund in excess of the amount of
 money required to be maintained on deposit in the mental health services
 fund. The amount required to be maintained in such  fund  shall  be  (i)
 twenty  percent of the amount of the next payment coming due relating to
 the mental health services  facilities  improvement  program  under  any
 agreement  between  the  facilities  development corporation and the New
 York state medical care facilities  finance  agency  multiplied  by  the
 number  of months from the date of the last such payment with respect to
 payments under any such agreement required  to  be  made  semi-annually,
 plus  (ii) those amounts specified in any such agreement with respect to
 payments required to be made other  than  semi-annually,  including  for
 variable  rate  bonds,  interest  rate exchange or similar agreements or
 other financing arrangements permitted by law. Prior to making any  such
 payment,  the  comptroller shall make and deliver to the director of the
 budget and the chairmen of the facilities  development  corporation  and
 the New York state medical care facilities finance agency, a certificate
 stating  the  aggregate amount to be maintained on deposit in the mental
 health services fund to comply in  full  with  the  provisions  of  this
 subdivision.
   §  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 $250 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  2018-19  budget. Transfers from federal funds, debt
 service funds, capital projects funds, the community projects  fund,  or
 funds  that would result in the loss of eligibility for federal benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
 1951 are not permitted pursuant to this authorization.
   §  17. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $100 million from any non-general fund or account, or combination
 of funds and accounts, to the miscellaneous special revenue fund,  tech-
 nology  financing  account  (22207),  the miscellaneous capital projects
 fund, information technology capital financing account (32215),  or  the
 centralized  technology  services  account  (55069),  for the purpose of
 consolidating technology procurement and services.  The  amounts  trans-
 ferred  to  the miscellaneous special revenue fund, technology financing
 account (22207) pursuant to this authorization shall be equal to or less
 than the amount of such monies intended to support information technolo-
 gy costs which are attributable, according to a plan,  to  such  account
 made in pursuance to an appropriation by law. Transfers to the technolo-
 gy  financing  account shall be completed from amounts collected by non-

 A. 9505--C                         98
 
 general funds or accounts pursuant to a fund deposit schedule or  perma-
 nent  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.
   §  18.  Notwithstanding  any  other  law  to  the contrary, up to $145
 million of the assessment reserves remitted to the chair of the workers'
 compensation board pursuant to subdivision 6 of section 151 of the work-
 ers' compensation law shall, at the request of the director of the budg-
 et, be transferred to the state insurance fund, for partial payment  and
 partial  satisfaction  of the state's obligations to the state insurance
 fund under section 88-c of the workers' compensation law.
   § 19. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and  directed to transfer, at the request of the director of the budget,
 up to $400 million from any non-general fund or account, or  combination
 of  funds  and  accounts, to the general fund for the purpose of consol-
 idating technology procurement and  services.  The  amounts  transferred
 pursuant to this authorization shall be equal to or less than the amount
 of  such  monies  intended to support information technology costs which
 are attributable, according to a plan, to such account made in pursuance
 to an appropriation by law. Transfers  to  the  general  fund  shall  be
 completed from amounts collected by non-general funds or accounts pursu-
 ant  to a fund deposit schedule.  Transfers from funds that would result
 in the loss of eligibility for federal benefits or federal funds  pursu-
 ant to federal law, rule, or regulation as assented to in chapter 683 of
 the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
 pursuant to this authorization.
   § 20. Notwithstanding any provision of law to the contrary, as  deemed
 feasible and advisable by its trustees, the power authority of the state
 of New York is authorized 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, 2018, the proceeds of  which  will  be  utilized  to
 support energy-related state activities.
   §  21. Notwithstanding any provision of law, rule or regulation to the
 contrary, the New York state energy research and  development  authority
 is  authorized  and  directed  to make a contribution of $913,000 to the
 state treasury to the credit of the general fund on or before March  31,
 2019.
   §  21-a.  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 up to
 $50,000,000 to the New York city housing authority  pursuant to  a  plan
 approved  by  the  director  of the budget, in consultation with the New
 York city housing authority chair and the  dormitory  authority  of  the
 state  of  New  York, for the purpose of replacing and improving heating
 systems in housing developments owned or operated by the New  York  city
 housing authority.
   §  21-b.  Notwithstanding  any provision of law, rule or regulation to
 the contrary, the New York state energy research and development author-
 ity is authorized and directed to transfer to the public  utilities  law
 project  up  to  $750,000  for the services and expenses thereof for the
 purpose of delivering civil legal services to the poor.

 A. 9505--C                         99
 
   § 21-c. Notwithstanding any provision of law, rule  or  regulation  to
 the contrary, the New York state energy research and development author-
 ity  is  authorized  and directed to transfer to the energy research and
 development operating fund established pursuant to section 1859  of  the
 public  authorities  law  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 conser-
 vation  on  or before March 31, 2018, which amount shall be utilized for
 energy efficiency and weatherization in environmental  justice  and  low
 income communities through the New York state energy research and devel-
 opment  authority  Empower  NY program and residential solar projects in
 environmental justice and low income communities through  the  New  York
 state   energy  research  and  development  authority  Affordable  Solar
 program.
   § 22. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
 amended  by section 21 of part XXX of chapter 59 of the laws of 2017, 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
 [seventeen]  EIGHTEEN,  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
 [$2,679,997,000] $2,458,909,000, 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 [seventeen] EIGHTEEN.
   § 23. Notwithstanding any law to  the  contrary,  the  comptroller  is
 hereby authorized and directed to transfer, upon request of the director
 of  the  budget, on or before March 31, 2019, the following amounts from
 the following special revenue accounts  to  the  capital  projects  fund
 (30000),  for  the  purposes  of reimbursement to such fund for expenses
 related to the maintenance and preservation of state assets:
   1. $43,000 from the miscellaneous special revenue fund, administrative
 program account (21982).
   2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $366,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4. $513,000 from the miscellaneous  special  revenue  fund,  New  York
 state home for veterans' and their dependents at oxford account (22142).
   5.  $159,000  from the miscellaneous special revenue fund, western New
 York veterans' home account (22143).
   6. $323,000 from the miscellaneous  special  revenue  fund,  New  York
 state for veterans in the lower-hudson valley account (22144).
   7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
 services account (22163).
   8. $830,000 from the miscellaneous special revenue fund,  long  island
 veterans' home account (22652).
   9.  $5,379,000  from  the  miscellaneous  special  revenue fund, state
 university general income reimbursable account (22653).
   10. $112,556,000 from the miscellaneous special  revenue  fund,  state
 university revenue offset account (22655).

 A. 9505--C                         100
 
   11.  $557,000  from  the  miscellaneous  special  revenue  fund, state
 university of New York tuition reimbursement account (22659).
   12. $41,930,000 from the state university dormitory income fund, state
 university dormitory income fund (40350).
   13. $1,000,000 from the miscellaneous special revenue fund, litigation
 settlement and civil recovery account (22117).
   § 24. Intentionally omitted.
   §  25. Subdivision 6 of section 4 of the state finance law, as amended
 by section 24 of part UU of chapter 54 of the laws of 2016,  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 [eighteen] TWENTY.
   § 26. Subdivision 4 of section 40 of the state finance law, as amended
 by section 25 of part UU of chapter 54 of the laws of 2016,  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 [eighteen] TWENTY.
   § 27. Intentionally omitted.
   § 28. Intentionally omitted.
   § 28-a. Intentionally omitted.
   §  29. Subdivision 1 of section 8-b of the state finance law, as added
 by chapter 169 of the laws of 1994, is amended to read as follows:
   1. The comptroller is hereby authorized and directed to assess  fringe
 benefit  and  central service agency indirect costs on all [non-general]
 funds, and to [bill] CHARGE such assessments [on] TO  such  funds.  Such
 fringe  benefit and indirect costs [billings] ASSESSMENTS shall be based
 on rates provided to the comptroller by  the  director  of  the  budget.
 Copies of such rates shall be provided to the legislative fiscal commit-
 tees.

 A. 9505--C                         101
 
   §  30.  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.
   §  31.  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 24 of part XXX of chapter 59 of the
 laws of 2017, 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 [four hundred fifty
 million five hundred forty thousand dollars] FIVE HUNDRED FORTY  MILLION
 NINE HUNDRED FIFTY-FOUR 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.
   § 32. 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  25 of part XXX of chapter 59 of the laws of 2017, 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

 A. 9505--C                         102
 
 aggregate principal amount not to exceed [seven]  EIGHT  billion  [seven
 hundred  forty-one]  EIGHTY-TWO  million [one] EIGHT hundred ninety-nine
 thousand dollars [$7,741,199,000] $8,082,899,000, 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 appropri-
 ations or reappropriations made to the  department  of  corrections  and
 community  supervision from the correctional facilities capital improve-
 ment fund for capital projects. The aggregate amount of bonds, notes  or
 other obligations authorized to be issued pursuant to this section shall
 exclude  bonds, notes or other obligations issued to refund or otherwise
 repay bonds, notes or other obligations theretofore issued, the proceeds
 of which were paid to the state for all or  a  portion  of  the  amounts
 expended  by  the  state from appropriations or reappropriations made to
 the department  of  corrections  and  community  supervision;  provided,
 however,  that  upon any such refunding or repayment the total aggregate
 principal amount of outstanding bonds, notes or other obligations may be
 greater than [seven] EIGHT billion [seven hundred forty-one]  EIGHTY-TWO
 million    [one]    EIGHT    hundred    ninety-nine   thousand   dollars
 [$7,741,199,000] $8,082,899,000, 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.
   §  33.  Paragraph  (a) of subdivision 2 of section 47-e of the private
 housing finance law, as amended by section 26 of part XXX of chapter  59
 of the laws of 2017, 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  $5,841,399,000  five  billion
 [three]  EIGHT  hundred  [eighty-four]  FORTY-ONE  million  [one]  THREE
 hundred ninety-nine thousand dollars, plus a principal amount  of  bonds
 issued to fund the debt service reserve fund in accordance with the debt
 service  reserve  fund requirement established by the agency and to fund

 A. 9505--C                         103
 
 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.
   §  34.  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 27 of part XXX of chapter 59 of the laws of 2017, 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
 [$9,699,586,000]  $10,251,939,000 cumulatively by the end of fiscal year
 [2017-18] 2018-19.
   § 35. Subdivision 1 of section 1689-i of the public  authorities  law,
 as  amended by section 28 of part XXX of chapter 59 of the laws of 2017,
 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] TWO hundred [eighty-three]
 FORTY-SEVEN million dollars.
   § 36. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
 laws  of  2005,  relating to providing for the administration of certain
 funds and accounts related  to  the  2005-2006  budget,  as  amended  by
 section  29 of part XXX of chapter 59 of the laws of 2017, 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
 [$173,600,000] $220,100,000 TWO HUNDRED TWENTY MILLION ONE HUNDRED THOU-
 SAND DOLLARS, excluding bonds issued to finance one or more debt service
 reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
 notes issued to refund or otherwise repay such bonds or notes 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

 A. 9505--C                         104
 
 such authorized issuer for debt service and related expenses pursuant to
 any service contract  executed  pursuant  to  subdivision  (b)  of  this
 section  and  such  bonds  and notes shall contain on the face thereof a
 statement  to  such  effect.  Except  for purposes of complying with the
 internal revenue code, any interest income earned on bond proceeds shall
 only be used to pay debt service on such bonds.
   § 37. 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 30 of part XXX of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
 provisions of any other law to the contrary, the dormitory authority and
 the corporation are hereby authorized to issue bonds or notes in one  or
 more  series  for  the purpose of funding project costs for the regional
 economic development council  initiative,  the  economic  transformation
 program,  state university of New York college for nanoscale and science
 engineering, projects within the city of Buffalo  or  surrounding  envi-
 rons,  the  New  York  works economic development fund, projects for the
 retention of professional football in western New York, the empire state
 economic development fund, the  clarkson-trudeau  partnership,  the  New
 York  genome  center, the cornell university college of veterinary medi-
 cine, the olympic  regional  development  authority,  projects  at  nano
 Utica,  onondaga  county  revitalization projects, Binghamton university
 school of pharmacy, New York power electronics manufacturing consortium,
 regional infrastructure projects,  HIGH  TECH  INNOVATION  AND  ECONOMIC
 DEVELOPMENT   INFRASTRUCTURE   PROGRAM,  high  technology  manufacturing
 projects in Chautauqua and Erie county, an industrial scale research and
 development facility in Clinton county,  upstate  revitalization  initi-
 ative  projects,  DOWNSTATE  REVITALIZATION  INITIATIVE  market New York
 projects, fairground buildings, equipment or facilities  used  to  house
 and  promote  agriculture,  the  state fair, the empire state trail, the
 moynihan station development project, the  Kingsbridge  armory  project,
 strategic  economic  development projects, the cultural, arts and public
 spaces fund, water infrastructure in the city  of  Auburn  and  town  of
 Owasco,  a  life  sciences laboratory public health initiative, not-for-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy equipment, economic development and infrastructure projects, [and]
 other state costs associated with such  projects  AND  ROOSEVELT  ISLAND
 OPERATING  CORPORATION CAPITAL PROJECTS.  The aggregate principal amount
 of bonds authorized to be issued pursuant  to  this  section  shall  not
 exceed  [six]  SEVEN  billion  [seven]  SIX hundred [eight] TWENTY-THREE
 million  [two]  FIVE  hundred  [fifty-seven]  NINETY  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.

 A. 9505--C                         105
 
   2. Notwithstanding any other provision of  law  to  the  contrary,  in
 order to assist the dormitory authority and the corporation in undertak-
 ing  the  financing for project costs for the regional economic develop-
 ment council initiative,  the  economic  transformation  program,  state
 university  of  New  York college for nanoscale and science engineering,
 projects within the city of Buffalo or  surrounding  environs,  the  New
 York  works  economic  development  fund,  projects for the retention of
 professional football in western New York,  the  empire  state  economic
 development  fund, the clarkson-trudeau partnership, the New York genome
 center, the cornell university college of veterinary medicine, the olym-
 pic regional development authority, projects  at  nano  Utica,  onondaga
 county  revitalization projects, Binghamton university school of pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional
 infrastructure projects, high technology manufacturing projects in Chau-
 tauqua  and  Erie  county,  an industrial scale research and development
 facility in Clinton county, upstate revitalization initiative  projects,
 market  New York projects, fairground buildings, equipment or facilities
 used to house and promote agriculture, the state fair, the empire  state
 trail,  the moynihan station development project, the Kingsbridge armory
 project, strategic economic development projects, the cultural, arts and
 public spaces fund, water infrastructure in the city of Auburn and  town
 of Owasco, a life sciences laboratory public health initiative, not-for-
 profit  pounds, shelters and humane societies, arts and cultural facili-
 ties improvement program, restore  New  York's  communities  initiative,
 heavy  equipment,  economic development and infrastructure projects, 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, inter-
 est, 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  appro-
 priation  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.
   § 38. Subdivision 3 of section 1285-p of the public  authorities  law,
 as  amended by section 31 of part XXX of chapter 59 of the laws of 2017,
 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 [four] FIVE  billion  [nine]  TWO  hundred  [fifty-one]
 NINETY-SIX million [seven] ONE 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

 A. 9505--C                         106
 
 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.
   § 39. Intentionally omitted.
   §  40.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
 laws of 2002, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2002-2003  budget, as amended by
 section 33 of part XXX of chapter 59 of the laws of 2017, 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   [$250,000,000]  $253,000,000  TWO-HUNDRED  FIFTY-THREE  MILLION
 DOLLARS excluding bonds issued to fund one or more debt service  reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to  refund or otherwise repay such bonds or notes previously issued, for
 the 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 [$654,800,000]
 $744,800,000, SEVEN HUNDRED FORTY-FOUR MILLION  EIGHT  HUNDRED  THOUSAND
 DOLLARS, excluding bonds issued to fund one or more debt service reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to  refund or otherwise repay such bonds or notes previously issued, 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.
   § 41. Subdivision 1 of section 386-b of the public authorities law, as
 amended  by section 34 of part XXX of chapter 59 of the laws of 2017, 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  four
 billion    [three]    FIVE    hundred   [sixty-four]   million   dollars
 [$4,364,000,000] $4,500,000,000, 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

 A. 9505--C                         107
 
 funds  other  than those appropriated by the state to the authority, the
 dormitory authority and the urban development corporation for principal,
 interest, and related expenses pursuant to a service contract  and  such
 bonds  and  notes  shall contain on the face thereof a statement to such
 effect. Except for purposes of complying with the internal revenue code,
 any interest income earned on bond proceeds shall only be  used  to  pay
 debt service on such bonds.
   §  42.  Paragraph  (c) of subdivision 19 of section 1680 of the public
 authorities law, as amended by section 35 of part XXX of chapter  59  of
 the laws of 2017, 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  [twelve]  THIRTEEN  billion  [three]  TWO  hundred [forty-three]
 SEVENTY-EIGHT  million  EIGHT  HUNDRED   SIXTY-FOUR   THOUSAND   dollars
 $13,278,864,000;  provided,  however,  that bonds issued or to be issued
 shall be excluded from such limitation if: (1) such bonds are issued  to
 refund   state   university  construction  bonds  and  state  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
 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.

 A. 9505--C                         108
 
   § 43. Paragraph (c) of subdivision 14 of section 1680  of  the  public
 authorities  law,  as amended by section 36 of part XXX of chapter 59 of
 the laws of 2017, 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]  EIGHT  billion  [nine]  FOUR
 hundred  [eighty-one]  FOURTEEN million [nine] SIX hundred [sixty-eight]
 NINETY-ONE thousand dollars $8,414,691,000.   The  legislature  reserves
 the  right to amend or repeal such limit, and the state of New York, the
 dormitory authority, the city university, and the  fund  are  prohibited
 from  covenanting or making any other agreements with or for the benefit
 of bondholders which might in any way affect such right.
   § 44. Subdivision 10-a of section 1680 of the public authorities  law,
 as  amended by section 37 of part XXX of chapter 59 of the laws of 2017,
 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 nine hundred [four-
 teen] FIFTY-THREE million [five] TWO hundred [ninety] TWENTY-FIVE  thou-
 sand  dollars  $953,265,000. Such amount shall be exclusive of bonds and
 notes issued to fund any reserve fund or funds, costs of issuance and to
 refund any outstanding bonds and notes, issued on behalf of  the  state,
 relating to a locally sponsored community college.
   § 45. 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  38 of part XXX of chapter 59 of the laws of 2017, 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]  SEVEN  hundred  [eighty-

 A. 9505--C                         109

 two]  SIXTY-NINE  million  [nine]  SIX  hundred fifteen thousand dollars
 [($682,915,000)]  ($769,615,000),  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]  SEVEN  hundred
 [eighty-two]  SIXTY-NINE  million  [nine]  SIX  hundred fifteen thousand
 dollars [($682,915,000)] ($769,615,000), 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 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.
   § 45-a. Subdivision 1 of section 51 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 42-c of part XXX of chapter 59 of the
 laws of 2017, is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of  funding  project  costs  for  the  nonprofit  infrastructure capital
 investment program and other state costs associated  with  such  capital
 projects.  The  aggregate  principal  amount  of  bonds authorized to be
 issued pursuant to this section shall not exceed  one  hundred  [twenty]
 FORTY  million  dollars, excluding bonds issued to fund one or more debt
 service reserve funds, to pay costs of issuance of such bonds, and bonds
 or notes issued to refund or otherwise repay such bonds or notes  previ-
 ously  issued.  Such  bonds and notes of the dormitory authority and the
 urban development corporation shall not be a debt of the state, and  the
 state  shall not be liable thereon, nor shall they be payable out of any
 funds other than those  appropriated  by  the  state  to  the  dormitory

 A. 9505--C                         110
 
 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.
   §  46.  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 39 of part XXX
 of chapter 59 of the laws of 2017, 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  eight  billion [three] SEVEN hundred [ninety-two] FIFTY-EIGHT
 MILLION [eight] SEVEN hundred [fifteen] ELEVEN thousand dollars, exclud-
 ing mental health  services  facilities  improvement  bonds  and  mental
 health  services facilities improvement notes issued to refund outstand-
 ing mental health  services  facilities  improvement  bonds  and  mental
 health  services  facilities  improvement notes; provided, however, that
 upon any such refunding or repayment of mental health  services  facili-
 ties improvement bonds and/or mental health services facilities improve-
 ment  notes  the  total aggregate principal amount of outstanding mental
 health services facilities improvement bonds and mental  health  facili-
 ties  improvement  notes may be greater than eight billion [three] SEVEN
 hundred [ninety-two] SIXTY-EIGHT MILLION [eight] SEVEN hundred [fifteen]
 ELEVEN thousand dollars $8,768,711,000 only if,  except  as  hereinafter
 provided  with  respect  to  mental health services facilities bonds and
 mental health services facilities notes issued to refund mental  hygiene
 improvement  bonds authorized to be issued pursuant to the provisions of
 section 47-b of the private housing finance law, the  present  value  of
 the  aggregate  debt  service  of the refunding or repayment bonds to be
 issued shall not exceed the present value of the aggregate debt  service
 of  the bonds to be refunded or repaid. For purposes hereof, the present
 values of the aggregate debt  service  of  the  refunding  or  repayment
 bonds,  notes  or other obligations and of the aggregate debt service of

 A. 9505--C                         111
 
 the bonds, notes or other obligations so refunded or  repaid,  shall  be
 calculated  by utilizing the effective interest rate of the refunding or
 repayment bonds, notes or other obligations, which shall  be  that  rate
 arrived  at  by doubling the semi-annual interest rate (compounded semi-
 annually) necessary to discount the debt service payments on the refund-
 ing or repayment bonds, notes or  other  obligations  from  the  payment
 dates  thereof to the date of issue of the refunding or repayment bonds,
 notes or other obligations and to  the  price  bid  including  estimated
 accrued  interest  or proceeds received by the authority including esti-
 mated accrued interest from the sale thereof.  Such  bonds,  other  than
 bonds  issued  to refund outstanding bonds, shall be scheduled to mature
 over a term not to exceed the 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  maxi-
 mum  maturity  of  notes  or  any renewals thereof shall not exceed five
 years from the date of the original issue of such notes. Notwithstanding
 the provisions of this section, the agency shall have the power  and  is
 hereby authorized to issue mental health services facilities improvement
 bonds  and/or  mental  health  services  facilities improvement notes to
 refund outstanding mental hygiene improvement  bonds  authorized  to  be
 issued pursuant to the provisions of section 47-b of the private housing
 finance  law  and  the  amount  of  bonds issued or outstanding for such
 purposes shall not be included for purposes of determining the amount of
 bonds issued pursuant to this section. The director of the budget  shall
 allocate  the  aggregate principal authorized to be issued by the agency
 among the office of mental health, office for people with  developmental
 disabilities, and the office of alcoholism and substance abuse services,
 in  consultation with their respective commissioners to finance bondable
 appropriations previously approved by the legislature.
   § 47. Subdivision 1 of section 1680-r of the public  authorities  law,
 as  amended by section 41 of part XXX of chapter 59 of the laws of 2017,
 is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of funding project costs for the capital restructuring financing program
 for  health  care and related facilities licensed pursuant to the public
 health law or the mental hygiene law and other  state  costs  associated
 with  such  capital  projects,  the  health care facility transformation
 programs, and the essential health care provider program. The  aggregate
 principal  amount  of  bonds  authorized  to  be issued pursuant to this
 section shall not exceed [two] THREE billion [seven] ONE hundred million
 dollars, excluding bonds issued to fund one or more debt service reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to refund or otherwise repay such bonds or notes previously issued. Such
 bonds and notes of the dormitory authority  and  the  urban  development
 corporation shall not be a debt of the state, and the state shall not be
 liable  thereon,  nor  shall they be payable out of any funds other than
 those appropriated by the state to the dormitory authority and the urban
 development corporation for principal, interest,  and  related  expenses
 pursuant to a service contract and such bonds and notes shall contain on
 the  face  thereof  a  statement  to such effect. Except for purposes of
 complying with the internal revenue code, any interest income earned  on
 bond proceeds shall only be used to pay debt service on such bonds.
   § 48. Intentionally omitted.

 A. 9505--C                         112
 
   §  49.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
 laws of 2005, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2005-2006  budget, as amended by
 section 42-a of part XXX of chapter 59 of the laws of 2017,  is  amended
 to read as follows:
   (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
 notwithstanding any provisions of law  to  the  contrary,  one  or  more
 authorized  issuers  as defined by section 68-a of the state finance law
 are hereby authorized to issue bonds or notes in one or more  series  in
 an  aggregate  principal amount not to exceed [$47,000,000] $67,000,000,
 SIXTY-SEVEN MILLION DOLLARS excluding bonds issued  to  finance  one  or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and  bonds  or  notes  issued to refund or otherwise repay such bonds or
 notes previously issued, for the purpose of financing  capital  projects
 for  public  protection facilities in the Division of Military and Naval
 Affairs, debt service and leases; and to  reimburse  the  state  general
 fund  for  disbursements  made  therefor.  Such  bonds and notes of such
 authorized issuer shall not be a debt of the state, and the state  shall
 not  be liable thereon, nor shall they be payable out of any funds other
 than those appropriated by the state to such authorized issuer for  debt
 service  and  related expenses pursuant to any service contract executed
 pursuant to subdivision (b) of this section and  such  bonds  and  notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 50. Subdivision 1 of section 49 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 42-b of part XXX of chapter 59 of  the
 laws of 2017, 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 state and municipal facilities program  and  other
 state costs associated with such capital projects. The aggregate princi-
 pal  amount  of  bonds  authorized to be issued pursuant to this section
 shall not exceed one billion  nine  hundred  [twenty-five]  THIRTY-EIGHT
 million  FIVE  HUNDRED  THOUSAND dollars, excluding bonds issued to fund
 one or more debt service reserve funds, to pay costs of issuance of such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds
 or notes previously issued.  Such  bonds  and  notes  of  the  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.
   § 51. Intentionally omitted.
   § 52. Intentionally omitted.
   § 53. Intentionally omitted.
   § 54. Intentionally omitted.
   § 55. Intentionally omitted.
   § 56. Intentionally omitted.

 A. 9505--C                         113
 
   § 57. Intentionally omitted.
   § 58. Section 55 of part XXX of chapter 59 of the laws of 2017, relat-
 ing  to  providing  for the administration of certain funds and accounts
 related to the 2017-18  budget  and  authorizing  certain  payments  and
 transfers, is amended to read as follows:
   §  55.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017; provided,
 however, that the provisions of sections one, two,  three,  four,  five,
 six,  seven,  eight,  thirteen,  fourteen,  fifteen, sixteen, seventeen,
 eighteen, nineteen, twenty, [twenty-one,] twenty-two,  twenty-two-e  and
 twenty-two-f of this act shall expire March 31, 2018 when upon such date
 the  provisions of such sections shall be deemed repealed; and provided,
 further, that section twenty-two-c of this act shall  expire  March  31,
 2021.
   §  59.  Paragraph  (b) of subdivision 3 and clause (B) of subparagraph
 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of  chap-
 ter 63 of the laws of 2005, relating to the composition and responsibil-
 ities  of  the  New  York  state higher education capital matching grant
 board, as amended by section 45 of part UU of chapter 54 of the laws  of
 2016, are amended to read as follows:
   (b)  Within amounts appropriated therefor, the board is hereby author-
 ized and directed to award matching capital grants  totaling  [240]  TWO
 HUNDRED  SEVENTY  million  dollars. Each college shall be eligible for a
 grant award amount as determined by the calculations pursuant to  subdi-
 vision  five of this section. In addition, such colleges shall be eligi-
 ble to compete for additional funds pursuant to paragraph (h) of  subdi-
 vision four of this section.
   (B)  The  dormitory authority shall not issue any bonds or notes in an
 amount in excess of [240] TWO HUNDRED SEVENTY million  dollars  for  the
 purposes of this section; excluding bonds or notes issued to fund one or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and  bonds  or  notes  issued to refund or otherwise repay such bonds or
 notes previously issued. Except  for  purposes  of  complying  with  the
 internal  revenue code, any interest on bond proceeds shall only be used
 to pay debt service on such bonds.
   § 60. Subdivision 1 of section 1680-n of the public  authorities  law,
 as  added  by section 46 of part T of chapter 57 of the laws of 2007, is
 amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the  authority  and the urban development corporation are hereby author-
 ized to issue bonds or notes in one or more series for  the  purpose  of
 funding  project  costs for the acquisition of state buildings and other
 facilities. The aggregate principal amount of  bonds  authorized  to  be
 issued  pursuant  to  this  section shall not exceed one hundred [forty]
 SIXTY-FIVE million dollars, excluding bonds issued to fund one  or  more
 debt  service reserve funds, to pay costs of issuance of such bonds, and
 bonds or notes issued to refund or otherwise repay such bonds  or  notes
 previously  issued.  Such bonds and notes of the authority and the urban
 development corporation shall not be a debt of the state, and the  state
 shall  not be liable thereon, nor shall they be payable out of any funds
 other than those appropriated by the state  to  the  authority  and  the
 urban  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

 A. 9505--C                         114
 
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 61. Subdivision 1 of section 386-a of the public authorities law, as
 amended  by  section  46 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 assisting the metropolitan  transportation  authority  in
 the  financing  of  transportation  facilities as defined in subdivision
 seventeen of section twelve  hundred  sixty-one  of  this  chapter.  The
 aggregate  principal amount of bonds authorized to be issued pursuant to
 this section shall not exceed one billion [five]  SIX  hundred  [twenty]
 NINETY-FOUR million dollars [($1,520,000,000)] $1,694,000,000, excluding
 bonds  issued  to  fund  one  or more debt service reserve funds, to pay
 costs of issuance of such bonds, and to refund or otherwise  repay  such
 bonds or notes previously issued. Such bonds and notes of the authority,
 the  dormitory authority and the urban development corporation shall not
 be a debt of the state, and the state shall not be liable  thereon,  nor
 shall  they be payable out of any funds other than those appropriated by
 the state to the authority, the dormitory authority and the urban devel-
 opment corporation for principal, interest, and related expenses  pursu-
 ant  to a service contract and such bonds and notes shall contain on the
 face thereof a statement to such effect. Except for purposes of  comply-
 ing  with  the internal revenue code, any interest income earned on bond
 proceeds shall only be used to pay debt service on such bonds.
   § 62. Subdivision 1 of section 1680-k of the public  authorities  law,
 as added by section 5 of part J-1 of chapter 109 of the laws of 2006, is
 amended to read as follows:
   1.  Subject to the provisions of chapter fifty-nine of the laws of two
 thousand, but notwithstanding any provisions of law to the contrary, the
 dormitory authority is hereby authorized to issue bonds or notes in  one
 or  more  series  in  an  aggregate principal amount not to exceed forty
 million SEVEN HUNDRED FIFTEEN THOUSAND dollars excluding bonds issued to
 finance one or more debt service reserve funds, to pay costs of issuance
 of such bonds, and bonds or notes issued to refund  or  otherwise  repay
 such  bonds or notes previously issued, for the purpose of financing the
 construction of the New York state agriculture and markets food  labora-
 tory. Eligible project costs may include, but not be limited to the cost
 of design, financing, site investigations, site acquisition and prepara-
 tion, demolition, construction, rehabilitation, acquisition of machinery
 and  equipment, and infrastructure improvements. Such bonds and notes of
 such authorized issuers shall not be a debt of the state, and the  state
 shall  not be liable thereon, nor shall they be payable out of any funds
 other than those appropriated by the state to  such  authorized  issuers
 for  debt  service and related expenses pursuant to any service contract
 executed pursuant to subdivision two of this section and such bonds  and
 notes  shall  contain  on  the  face thereof a statement to such effect.
 Except for purposes of complying with the  internal  revenue  code,  any
 interest  income  earned on bond proceeds shall only be used to pay debt
 service on such bonds.
   § 63. Subdivision 13-d of section 5 of section 1 of chapter 359 of the
 laws of 1968, constituting the facilities development  corporation  act,
 as  amended  by  chapter  166 of the laws of 1991, is amended to read as
 follows:

 A. 9505--C                         115
 
   13-d. 1. Subject to the terms and conditions of any  lease,  sublease,
 loan  or  other  financing  agreement  with  the medical care facilities
 finance agency in accordance with subdivision 13-c of this  section,  to
 make  loans  to voluntary agencies for the purpose of financing or refi-
 nancing the design, construction, acquisition, reconstruction, rehabili-
 tation  and  improvement of mental hygiene facilities owned or leased by
 such voluntary agencies provided, however, that  with  respect  to  such
 facilities which are leased by a voluntary agency, the term of repayment
 of  such  loan  shall  not  exceed  the term of such lease including any
 option to renew such lease. Notwithstanding any other provisions of law,
 such loans may be made jointly to one or more voluntary  agencies  which
 own  and  one  or  more  voluntary  agencies which will operate any such
 mental hygiene facility.
   2. SUBJECT TO THE TERMS AND CONDITIONS OF ANY LEASE, SUBLEASE, LOAN OR
 OTHER FINANCING AGREEMENT WITH THE MEDICAL CARE FACILITIES FINANCE AGEN-
 CY, TO MAKE GRANTS TO VOLUNTARY AGENCIES OR PROVIDE PROCEEDS  OF  MENTAL
 HEALTH  SERVICES  FACILITIES  BONDS  OR  NOTES TO THE DEPARTMENT TO MAKE
 GRANTS TO VOLUNTARY AGENCIES OR TO REIMBURSE DISBURSEMENTS  MADE  THERE-
 FOR,  IN  EACH  CASE,  FOR  THE  PURPOSE OF FINANCING OR REFINANCING THE
 DESIGN, CONSTRUCTION, ACQUISITION,  RECONSTRUCTION,  REHABILITATION  AND
 IMPROVEMENT  OF MENTAL HYGIENE FACILITIES OWNED OR LEASED BY SUCH VOLUN-
 TARY AGENCIES.
   § 64. Paragraph a of subdivision 4 of section 9 of section 1 of  chap-
 ter  359  of  the  laws of 1968, constituting the facilities development
 corporation act, as amended by chapter  90  of  the  laws  of  1989,  is
 amended to read as follows:
   4. Agreements.  a. Upon certification by the director of the budget of
 the  availability  of required appropriation authority, the corporation,
 or any successor agency, is hereby authorized  and  empowered  to  enter
 into  leases,  subleases,  loans and other financing agreements with the
 state housing finance agency and/or the state  medical  care  facilities
 finance  agency, and to enter into such amendments thereof as the direc-
 tors of the corporation, or any successor agency, may deem necessary  or
 desirable,  which  shall provide for (i) the financing or refinancing of
 or the design, construction, acquisition, reconstruction, rehabilitation
 or improvement of one or more mental hygiene facilities or for the refi-
 nancing of any such facilities for  which  bonds  have  previously  been
 issued  and  are  outstanding,  and  the  purchase or acquisition of the
 original furnishings, equipment, machinery and apparatus to be  used  in
 such  facilities  upon  the  completion of work, (ii) the leasing to the
 state housing finance  agency  or  the  state  medical  care  facilities
 finance  agency  of  all  or  any portion of one or more existing mental
 hygiene facilities and one or  more  mental  hygiene  facilities  to  be
 designed,   constructed,   acquired,   reconstructed,  rehabilitated  or
 improved, or of real property related to the work to be done,  including
 real  property  originally  acquired  by the appropriate commissioner or
 director of the department in the name of the state pursuant to  article
 seventy-one  of  the  mental  hygiene  law, (iii) the subleasing of such
 facilities and property by the corporation upon  completion  of  design,
 construction,  acquisition,  reconstruction,  rehabilitation or improve-
 ment, such leases, subleases, loans or other financing agreements to  be
 upon  such  other  terms and conditions as may be agreed upon, including
 terms and conditions relating to length of term, maintenance and  repair
 of  mental  hygiene  facilities  during  any  such  term, and the annual
 rentals  to  be  paid  for  the  use  of  such   facilities,   property,
 furnishings,  equipment,  machinery  and apparatus, and (iv) the receipt

 A. 9505--C                         116
 
 and disposition, including loans OR GRANTS  to  voluntary  agencies,  of
 proceeds  of  mental  health  service  facilities  bonds or notes issued
 pursuant to section nine-a of the New York state medical care facilities
 finance  agency  act. For purposes of the design, construction, acquisi-
 tion, reconstruction, rehabilitation or improvement work required by the
 terms of any such lease, sublease or agreement,  the  corporation  shall
 act  as  agent for the state housing finance agency or the state medical
 care facilities finance agency. In the event that the corporation enters
 into an agreement for the financing of any of the aforementioned facili-
 ties with the state housing finance agency or  the  state  medical  care
 facilities  finance  agency, or in the event that the corporation enters
 into an agreement for the financing or refinancing of any of the  afore-
 mentioned  facilities  with one or more voluntary agencies, it shall act
 on its own behalf and not as  agent.  The  appropriate  commissioner  or
 director of the department on behalf of the department shall approve any
 such  lease,  sublease, loan or other financing agreement and shall be a
 party thereto. All such leases,  subleases,  loans  or  other  financing
 agreements  shall  be  approved prior to execution by no less than three
 directors of the corporation.
   § 65. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2018; provided,
 however,  that  the  provisions of sections one, two, three, four, five,
 six, seven, eight, twelve, thirteen, fourteen, sixteen, seventeen, eigh-
 teen, nineteen, twenty, twenty-one, twenty-two, and twenty-three of this
 act shall expire March 31, 2019 when upon such date  the  provisions  of
 such sections shall be deemed repealed.
 
                                  PART HH
 
                           Intentionally Omitted
 
                                  PART II
 
                           Intentionally Omitted
 
                                  PART JJ
 
   Section 1. Subdivision 3 of section 130.05 of the penal law is amended
 by adding a new paragraph (j) to read as follows:
   (J) UNDER ARREST, IN DETENTION OR OTHERWISE IN THE ACTUAL CUSTODY OF A
 POLICE  OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICIAL AND THE
 ACTOR IS A POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT  OFFI-
 CIAL  WHO  EITHER:  (I)  IS RESPONSIBLE FOR EFFECTING THE ARREST OF SUCH
 PERSON OR MAINTAINING SUCH PERSON IN DETENTION  OR  ACTUAL  CUSTODY;  OR
 (II)  KNOWS,  OR  REASONABLY SHOULD KNOW, THAT SUCH PERSON IS UNDER SUCH
 ARREST, DETENTION OR ACTUAL CUSTODY.
   § 2. Subdivision 4 of section 130.10 of the penal law, as  amended  by
 chapter 205 of the laws of 2011, is amended to read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent  is  based solely on his or her incapacity to consent because he
 or she was less than seventeen years old, mentally disabled, a client or
 patient and the actor is  a  health  care  provider,  UNDER  ARREST,  IN
 DETENTION  OR  OTHERWISE  IN ACTUAL CUSTODY OF LAW ENFORCEMENT UNDER THE
 CIRCUMSTANCES DESCRIBED IN PARAGRAPH (J) OF SUBDIVISION THREE OF SECTION
 130.05 OF THIS ARTICLE, or committed to the care and custody  or  super-
 vision  of the state department of corrections and community supervision

 A. 9505--C                         117
 
 or a hospital and the actor is an employee, it shall be a  defense  that
 the  defendant  was married to the victim as defined in subdivision four
 of section 130.00 of this article.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART KK

                           Intentionally Omitted
 
                                  PART LL
 
   Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   AN  AUTHORIZED  AGENCY  AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,  OR  A  LOCAL  PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   § 2. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   AN  AUTHORIZED  AGENCY  AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,  OR  A  LOCAL  PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   § 3. Subdivision 2 of section 1680 of the public  authorities  law  is
 amended by adding a new paragraph k to read as follows:
   K.  (1)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING PROVISIONS SHALL
 APPLY TO THE POWERS IN CONNECTION WITH THE PROVISION OF DETENTION FACIL-
 ITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY ENTITY  AS  LISTED
 ABOVE  SHALL HAVE FULL POWER AND AUTHORITY TO ENTER INTO SUCH AGREEMENTS
 WITH  THE  DORMITORY  AUTHORITY  AS  ARE  NECESSARY  TO  FINANCE  AND/OR
 CONSTRUCT DETENTION OR RESIDENTIAL FACILITIES DESCRIBED ABOVE, INCLUDING
 WITHOUT  LIMITATION,  THE PROVISION OF FEES AND AMOUNTS NECESSARY TO PAY
 DEBT SERVICE ON ANY OBLIGATIONS ISSUED BY THE  DORMITORY  AUTHORITY  FOR
 SAME,  AND  TO ASSIGN AND PLEDGE TO THE DORMITORY AUTHORITY, ANY AND ALL
 PUBLIC FUNDS TO BE APPORTIONED OR OTHERWISE MADE PAYABLE BY  THE  UNITED
 STATES,  ANY  AGENCY THEREOF, THE STATE, ANY AGENCY THEREOF, A POLITICAL
 SUBDIVISION, AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL  MUNICIPAL
 LAW, ANY SOCIAL SERVICES DISTRICT IN THE STATE OR ANY OTHER GOVERNMENTAL
 ENTITY  IN AN AMOUNT SUFFICIENT TO MAKE ALL PAYMENTS REQUIRED TO BE MADE

 A. 9505--C                         118
 
 BY ANY SUCH ENTITY AS LISTED ABOVE PURSUANT TO ANY  LEASE,  SUBLEASE  OR
 OTHER AGREEMENT ENTERED INTO BETWEEN ANY SUCH ENTITY AS LISTED ABOVE AND
 THE DORMITORY AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHOR-
 IZED  AND  REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE
 DORMITORY AUTHORITY OR, UPON THE DIRECTION OF THE  DORMITORY  AUTHORITY,
 TO  ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUED, PURSUANT
 TO A CERTIFICATE FILED WITH ANY SUCH  STATE  OR  LOCAL  OFFICER  BY  THE
 DORMITORY AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.
 
                                  PART MM
 
   Section  1.  The public service law is amended by adding a new article
 1-A to read as follows:
                                ARTICLE 1-A
             THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
 SECTION 28-A. DEFINITIONS.
         28-B. ESTABLISHMENT OF THE STATE OFFICE OF THE UTILITY  CONSUMER
                 ADVOCATE.
         28-C. POWERS  OF  THE STATE OFFICE OF THE UTILITY CONSUMER ADVO-
                 CATE.
         28-D. REPORTS.
   § 28-A. DEFINITIONS. WHEN USED IN  THIS  ARTICLE:    (A)  "DEPARTMENT"
 MEANS THE DEPARTMENT OF PUBLIC SERVICE.
   (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
   (C)  "RESIDENTIAL  UTILITY  CUSTOMER"  MEANS ANY PERSON WHO IS SOLD OR
 OFFERED FOR SALE RESIDENTIAL UTILITY SERVICE BY A UTILITY COMPANY.
   (D) "UTILITY COMPANY" MEANS ANY PERSON OR ENTITY OPERATING  AN  AGENCY
 FOR  PUBLIC  SERVICE,  INCLUDING,  BUT  NOT LIMITED TO, THOSE PERSONS OR
 ENTITIES  SUBJECT  TO  THE  JURISDICTION,  SUPERVISION  AND  REGULATIONS
 PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
   §  28-B.  ESTABLISHMENT  OF  THE  STATE OFFICE OF THE UTILITY CONSUMER
 ADVOCATE. THERE IS ESTABLISHED THE STATE OFFICE OF THE UTILITY  CONSUMER
 ADVOCATE  TO  REPRESENT  THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS.
 THE UTILITY CONSUMER ADVOCATE SHALL BE APPOINTED BY THE  GOVERNOR  TO  A
 TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
 TY  CONSUMER  ADVOCATE SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS
 AFFECTING RESIDENTIAL UTILITY CUSTOMERS AND SHALL BE RESPONSIBLE FOR THE
 DIRECTION, CONTROL, AND OPERATION OF THE STATE  OFFICE  OF  THE  UTILITY
 CONSUMER  ADVOCATE,  INCLUDING  ITS  HIRING  OF  STAFF  AND RETENTION OF
 EXPERTS FOR ANALYSIS AND TESTIMONY IN PROCEEDINGS. THE UTILITY  CONSUMER
 ADVOCATE  SHALL  NOT BE REMOVED FOR CAUSE, BUT MAY BE REMOVED ONLY AFTER
 NOTICE AND OPPORTUNITY TO BE HEARD, AND ONLY FOR  PERMANENT  DISABILITY,
 MALFEASANCE, A FELONY, OR CONDUCT INVOLVING MORAL TURPITUDE. EXERCISE OF
 INDEPENDENT  JUDGMENT  IN  ADVOCATING POSITIONS ON BEHALF OF RESIDENTIAL
 UTILITY CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE  UTILITY
 CONSUMER ADVOCATE.
   §  28-C.  POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.
 THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL HAVE  THE  POWER
 AND  DUTY  TO:  (A)  INITIATE, INTERVENE IN, OR PARTICIPATE ON BEHALF OF
 RESIDENTIAL UTILITY CUSTOMERS IN ANY PROCEEDINGS BEFORE THE  COMMISSION,
 THE  FEDERAL  ENERGY  REGULATORY  COMMISSION, THE FEDERAL COMMUNICATIONS
 COMMISSION, FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
 CIES, AND STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT  MAY
 SUBSTANTIALLY  AFFECT  THE  INTERESTS  OF RESIDENTIAL UTILITY CUSTOMERS,
 INCLUDING, BUT NOT LIMITED TO, A  PROPOSED  CHANGE  OF  RATES,  CHARGES,

 A. 9505--C                         119
 
 TERMS  AND  CONDITIONS  OF  SERVICE, THE ADOPTION OF RULES, REGULATIONS,
 GUIDELINES, ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE THE UTILI-
 TY CONSUMER ADVOCATE DEEMS  SUCH  INITIATION,  INTERVENTION  OR  PARTIC-
 IPATION TO BE NECESSARY OR APPROPRIATE;
   (B)  REPRESENT  THE  INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS OF THE
 STATE BEFORE FEDERAL, STATE  AND  LOCAL  ADMINISTRATIVE  AND  REGULATORY
 AGENCIES ENGAGED IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER,
 AND  OTHER  UTILITY  SERVICES,  AND  BEFORE  STATE AND FEDERAL COURTS IN
 ACTIONS AND PROCEEDINGS TO REVIEW THE ACTIONS OF UTILITIES OR ORDERS  OF
 UTILITY  REGULATORY  AGENCIES.  ANY  ACTION OR PROCEEDING BROUGHT BY THE
 UTILITY CONSUMER ADVOCATE BEFORE A COURT OR AN AGENCY SHALL  BE  BROUGHT
 IN  THE  NAME  OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE. THE
 UTILITY CONSUMER ADVOCATE MAY JOIN WITH A RESIDENTIAL  UTILITY  CUSTOMER
 OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN BRINGING AN ACTION;
   (C)  (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE UTILITY
 CONSUMER ADVOCATE, HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS  OR  HER
 DUTY  TO  REPRESENT  THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS AS A
 PARTY, OR OTHERWISE PARTICIPATE FOR  THE  PURPOSE  OF  REPRESENTING  THE
 INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
 INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
 IN  CONNECTION  WITH  ANY  MATTER INVOLVING THE ACTIONS OR REGULATION OF
 PUBLIC UTILITY COMPANIES WHETHER ON APPEAL OR OTHERWISE  INITIATED.  THE
 UTILITY  CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY AGEN-
 CIES IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS  COMMIS-
 SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
 ESTS  OF  RESIDENTIAL  UTILITY  CUSTOMERS  OF THE STATE AND MAY FORMALLY
 PARTICIPATE IN THOSE PROCEEDINGS WHICH IN HIS OR HER  JUDGMENT  WARRANTS
 SUCH PARTICIPATION.
   (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
 ENT  DISCRETION  IN  DETERMINING  THE  INTERESTS  OF RESIDENTIAL UTILITY
 CUSTOMERS THAT WILL BE ADVOCATED  IN  ANY  PROCEEDING,  AND  DETERMINING
 WHETHER  TO  PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN SO DETER-
 MINING, SHALL CONSIDER THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND
 THE SUBSTANTIALITY OF THE EFFECT OF THE PROCEEDING ON  THE  INTEREST  OF
 RESIDENTIAL UTILITY CUSTOMERS;
   (D)  REQUEST  AND  RECEIVE  FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
 DEPARTMENT OR DIVISION  OF  THE  STATE  OR  POLITICAL  SUBDIVISION  SUCH
 ASSISTANCE,  PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
 AND COOPERATION NECESSARY TO PERFORM ITS DUTIES; AND
   (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
 EFFICIENTLY CARRY OUT ITS WORK.
   § 28-D. REPORTS. ON JULY FIRST, TWO  THOUSAND  NINETEEN  AND  ANNUALLY
 THEREAFTER,  THE  STATE  OFFICE  OF  THE UTILITY CONSUMER ADVOCATE SHALL
 ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT
 AVAILABLE TO THE PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE  WEBSITE,
 CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
   (A)  ALL  PROCEEDINGS  THAT  THE  STATE OFFICE OF THE UTILITY CONSUMER
 ADVOCATE PARTICIPATED IN AND THE OUTCOME OF  SUCH  PROCEEDINGS,  TO  THE
 EXTENT OF SUCH OUTCOME AND IF NOT CONFIDENTIAL;
   (B)  ESTIMATED  SAVINGS TO RESIDENTIAL UTILITY CONSUMERS THAT RESULTED
 FROM INTERVENTION BY THE STATE OFFICE OF THE UTILITY CONSUMER  ADVOCATE;
 AND
   (C) POLICY RECOMMENDATIONS AND SUGGESTED STATUTORY AMENDMENTS THAT THE
 STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE DEEMS NECESSARY.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.

 A. 9505--C                         120
 
                                  PART NN
 
   Section  1.  The public service law is amended by adding a new section
 24-c to read as follows:
   § 24-C.   UTILITY INTERVENOR  REIMBURSEMENT.  1.    AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COMPENSATION"  MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
 FUND ESTABLISHED BY SECTION NINETY-SEVEN-RRRR OF THE STATE FINANCE  LAW,
 FOR  ALL  OR  PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
 CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE  COSTS
 FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
   (B)  "PARTICIPANT"  MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
 AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
 OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
 NOT-FOR-PROFIT ORGANIZATION IN THIS STATE  AUTHORIZED  PURSUANT  TO  ITS
 ARTICLES  OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
 DENTIAL OR SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES  OF  THIS
 SECTION,  A  PARTICIPANT  DOES  NOT INCLUDE A NON-PROFIT ORGANIZATION OR
 OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
 UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE  OF  ONE  OR  MORE
 BUSINESSES  OR  INDUSTRIES  WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
 PRIMARILY FOR USE IN CONNECTION  WITH  THE  PROFIT-SEEKING  MANUFACTURE,
 SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
   (C)  "OTHER  REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
 DIRECTLY INCURRED BY A PARTICIPANT THAT  ARE  DIRECTLY  RELATED  TO  THE
 CONTENTIONS  OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
 A SUBSTANTIAL CONTRIBUTION.
   (D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY,  OR
 COMMISSION STAFF IN A HEARING OR PROCEEDING.
   (E)  "PROCEEDING"  MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
 OTHER FORMAL PROCEEDING BEFORE THE COMMISSION,  OR  ALTERNATIVE  DISPUTE
 RESOLUTION  PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
 OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH  PROCEEDINGS  SHALL
 BE  LIMITED  TO  THOSE  RELATING TO PUBLIC UTILITIES THAT DISTRIBUTE AND
 DELIVER GAS, ELECTRICITY, OR STEAM WITHIN THIS STATE AND  HAVING  ANNUAL
 REVENUES  IN  EXCESS  OF  TWO  HUNDRED MILLION DOLLARS ARISING UNDER AND
 PROCEEDING PURSUANT TO THE FOLLOWING ARTICLES OF THIS CHAPTER:  (1)  THE
 REGULATION OF THE PRICE OF GAS AND ELECTRICITY, PURSUANT TO ARTICLE FOUR
 OF  THIS  CHAPTER; (2) THE REGULATION OF THE PRICE OF STEAM, PURSUANT TO
 ARTICLE FOUR-A OF THIS  CHAPTER;  (3)  THE  SUBMETERING,  REMETERING  OR
 RESALE  OF  ELECTRICITY  TO  RESIDENTIAL  PREMISES,  PURSUANT TO SECTION
 SIXTY-FIVE AND SIXTY-SIX OF THIS CHAPTER, AND  PURSUANT  TO  REGULATIONS
 REGARDING  THE SUBMETERING, REMETERING, OR RESALE OF ELECTRICITY ADOPTED
 BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE APPLICA-
 BLE TO A PROCEEDING IN WHICH THE  COMMISSION  MAKES  A  FINDING  ON  THE
 RECORD  THAT  THE  PUBLIC INTEREST REQUIRES THE REIMBURSEMENT OF UTILITY
 INTERVENOR FEES PURSUANT TO THIS SECTION.
   (F) "SIGNIFICANT FINANCIAL HARDSHIP" MEANS THAT THE  PARTICIPANT  WILL
 BE  UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF EFFEC-
 TIVE PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES,  AND
 OTHER REASONABLE COSTS OF PARTICIPATION.
   (G)  "SMALL  BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL REVENUE OF
 TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
   (H) "SUBSTANTIAL CONTRIBUTION" MEANS THAT,  IN  THE  JUDGMENT  OF  THE
 DEPARTMENT,  THE  PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY ASSIST THE
 COMMISSION IN MAKING ITS DECISION BECAUSE  THE  DECISION  MAY  ADOPT  IN

 A. 9505--C                         121
 
 WHOLE  OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS, OR
 SPECIFIC POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED  BY
 THE PARTICIPANT.
   2.  A  PARTICIPANT  MAY  APPLY FOR AN AWARD OF COMPENSATION UNDER THIS
 SECTION IN A PROCEEDING IN WHICH  SUCH  PARTICIPANT  HAS  SOUGHT  ACTIVE
 PARTY  STATUS  AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT SHALL DETER-
 MINE APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH  APPLI-
 CATIONS.    AT  THE TIME OF APPLICATION, SUCH PARTICIPANT SHALL SERVE ON
 EVERY PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD  OF
 COMPENSATION.
   AN APPLICATION SHALL INCLUDE:
   (A)  A  STATEMENT  OF  THE NATURE AND EXTENT AND THE FACTUAL AND LEGAL
 BASIS OF THE PARTICIPANT'S PLANNED PARTICIPATION IN  THE  PROCEEDING  AS
 FAR  AS  IT  IS  POSSIBLE TO DESCRIBE SUCH PARTICIPATION WITH REASONABLE
 SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
   (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
 CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
 IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
   (C) IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT  FINAN-
 CIAL  HARDSHIP  AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO AN AWARD
 OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
 IN THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE  OF
 SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
   (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
   3.  (A)  WITHIN  THIRTY  DAYS  AFTER  THE FILING OF AN APPLICATION THE
 DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES  WHETHER  OR  NOT  THE
 PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
 THE  HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
 REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
 MENT SHALL DESCRIBE THIS  SUBSTANTIAL  CONTRIBUTION  AND  DETERMINE  THE
 AMOUNT  OF  COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION.
   (B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF  THE  DEPART-
 MENT  FINDS  THAT  THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
 THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
 PROCEEDING TO PAY ALL OR PART OF THE COMPENSATION TO THE  DEPARTMENT  TO
 BE  PROVIDED  TO  THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN
 THE EVENT THAT THE PARTICIPANT DISCONTINUES  ITS  PARTICIPATION  IN  THE
 PROCEEDING  WITHOUT  THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
 BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE  TO  SUCH
 PARTICIPANT  TO  BE  REFUNDED  TO  THE  PUBLIC UTILITY OR UTILITIES THAT
 PROVIDED SUCH PAYMENT.
   (C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF  THIS
 SUBDIVISION  SHALL  TAKE  INTO  CONSIDERATION  THE  MARKET RATES PAID TO
 PERSONS  OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER   SIMILAR
 SERVICES.  THE  COMPENSATION  AWARDED  MAY  NOT, IN ANY CASE, EXCEED THE
 COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
 UTILITY, WHICHEVER IS GREATER, TO PERSONS  OF  COMPARABLE  TRAINING  AND
 EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
   (D)  ANY  COMPENSATION  AWARDED  TO A PARTICIPANT AND NOT USED BY SUCH
 PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
 UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
   (E) THE DEPARTMENT SHALL REQUIRE  THAT  PARTICIPANTS  SEEKING  PAYMENT
 MAINTAIN  AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
 SUCH PROCEEDING.

 A. 9505--C                         122
 
   (I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES  TO  VERIFY
 THE  CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
 ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
 AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
   (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
 IPANT'S  RECORDS  IN MAKING ANY AUDIT OR DETERMINING THE AVAILABILITY OF
 FUNDS AFTER THE COMPLETION OF A PROCEEDING.
   (F) IN THE EVENT THAT THE DEPARTMENT FINDS THAT TWO  OR  MORE  PARTIC-
 IPANTS'  APPLICATIONS  HAVE SUBSTANTIALLY SIMILAR INTERESTS, THE DEPART-
 MENT MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO  RECEIVE
 COMPENSATION.
   4.  ANY  COMPENSATION  PURSUANT  TO  THIS SECTION SHALL BE PAID AT THE
 CONCLUSION OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES  SUBJECT
 TO  THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE REMIT-
 TED TO THE DEPARTMENT WHICH SHALL THEN REMIT SUCH  COMPENSATION  TO  THE
 PARTICIPANT.
   5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
 TO  DELAY  OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
 MENT'S RESPONSIBILITIES.
   § 2. The state finance law is amended by adding a new section  97-rrrr
 to read as follows:
   §  97-RRRR. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  A  FUND  TO  BE  KNOWN AS THE UTILITY INTERVENOR
 ACCOUNT.
   2. SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR  REIMBURSEMENT
 MONIES  RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF THE
 PUBLIC SERVICE LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART OO
 
   Section  1.  Paragraphs (b) and (c) of subdivision 3 of section 722 of
 the county law, as amended by section 3 of part E of chapter 56  of  the
 laws of 2010, are amended to read as follows:
   (b)  Any  plan  of  a bar association must receive the approval of the
 [state administrator] OFFICE OF INDIGENT LEGAL SERVICES before the  plan
 is placed in operation. In the county of Hamilton, representation pursu-
 ant  to  a plan of a bar association in accordance with subparagraph (i)
 of paragraph (a) of this subdivision may be by counsel furnished by  the
 Fulton  county  bar  association pursuant to a plan of the Fulton county
 bar association, following approval of the [state administrator]  OFFICE
 OF  INDIGENT  LEGAL  SERVICES. When considering approval of an office of
 conflict defender pursuant to this section,  the  [state  administrator]
 OFFICE  OF  INDIGENT  LEGAL  SERVICES shall employ the guidelines IT HAS
 HERETOFORE established [by the office of indigent legal services] pursu-
 ant to paragraph (d) of subdivision three of section eight hundred thir-
 ty-two of the executive law.
   (c) Any county operating an office of conflict defender, as  described
 in  subparagraph  (ii) of paragraph (a) of this subdivision, as of March
 thirty-first, two thousand ten may  continue  to  utilize  the  services
 provided  by  such office provided that the county submits a plan to the
 state administrator within one hundred eighty days after  the  promulga-
 tion  of criteria for the provision of conflict defender services by the

 A. 9505--C                         123
 
 office of indigent legal services. The  authority  to  operate  such  an
 office  pursuant  to this paragraph shall expire when the state adminis-
 trator (OR, ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN,  THE  OFFICE
 OF  INDIGENT  LEGAL  SERVICES)  approves  or disapproves such plan. Upon
 approval, the county is authorized to operate such office in  accordance
 with paragraphs (a) and (b) of this subdivision.
   §  2.  Subdivision  3  of  section 722 of the county law is amended by
 adding a new paragraph (d) to read as follows:
   (D) FOR PURPOSES OF THIS SUBDIVISION, ANY PLAN OF  A  BAR  ASSOCIATION
 APPROVED  HEREUNDER  PURSUANT  TO THIS SUBDIVISION, AS PROVIDED PRIOR TO
 APRIL FIRST, TWO THOUSAND NINETEEN, SHALL REMAIN IN EFFECT UNTIL  IT  IS
 SUPERSEDED  BY  A PLAN APPROVED BY THE OFFICE OF INDIGENT LEGAL SERVICES
 OR DISAPPROVED BY SUCH OFFICE.
   § 3. Subdivision 1 of section 722-f of the county  law,  as  added  by
 chapter 761 of the laws of 1966 and as designated by section 4 of part J
 of chapter 62 of the laws of 2003, is amended to read as follows:
   1.  A public defender appointed pursuant to article eighteen-A of this
 chapter, a private legal aid bureau or society designated by a county or
 city pursuant to subdivision two of section seven hundred twenty-two  of
 this  [chapter] ARTICLE, [and] an administrator of a plan of a bar asso-
 ciation appointed pursuant to subdivision three of section seven hundred
 twenty-two of this [chapter] ARTICLE AND AN OFFICE OF CONFLICT  DEFENDER
 ESTABLISHED  PURSUANT  TO  SUCH  SUBDIVISION shall file an annual report
 with the [judicial conference] CHIEF ADMINISTRATOR OF THE COURTS AND THE
 OFFICE OF INDIGENT LEGAL SERVICES. SUCH REPORT SHALL BE  FILED  at  such
 times and in such detail and form as the [judicial conference] OFFICE OF
 INDIGENT LEGAL SERVICES may direct.
   § 4. This act shall take effect on April 1, 2019.
 
                                  PART PP
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares that it is in the public  interest  to  enact  a  cost  benefit
 review  process  when  a state agency enters into contracts for personal
 services. New York State spends over $3.5 billion annually  on  personal
 service  contracts, over $840 million more than the State spent on these
 contracts in SFY 2003-04, a 32% increase.  Despite  an  Executive  Order
 that  has  implemented  a post contract review process for some personal
 service contracts the cost of  those  contracts  continues  to  escalate
 every  year well above the inflation rate. In addition the State Finance
 Law does not require state agencies to compare the cost  or  quality  of
 personal services to be provided by consultants with the cost or quality
 of  providing  the same services by the state employees. Numerous audits
 by the Office of State Comptroller as well as a KPMG study  commissioned
 by  the  department  of transportation have found that consultants hired
 under personal service contracts can  cost  between  fifty  percent  and
 seventy-five  percent  more  than state employees that do the exact same
 work including the cost of state employee benefits. The Contract Disclo-
 sure Law (Chapter 10 of the  laws  of  2006)  required  consultants  who
 provide  personal  services to file forms for each contract that outline
 how many consultants they hired, what titles they employed them  in  and
 how  much  they paid them. A review of these forms show that the average
 consultant makes about fifty percent more  than  state  employees  doing
 comparable  work.  It  is  in  the public interest for state agencies to
 compare the cost of doing work by consultants with the cost of doing the
 same work with state employees as well as document whether or  not  that

 A. 9505--C                         124
 
 such  work can be done by state employees.  If state government is to be
 smarter, more efficient, and transparent then a  cost  benefit  analysis
 process that makes its findings public should be required by law.
   §  2.  Section 163 of the state finance law is amended by adding a new
 subdivision 16 to read as follows:
   16. CONSULTANT SERVICES. A.  BEFORE  A  STATE  AGENCY  ENTERS  INTO  A
 CONTRACT  FOR CONSULTANT SERVICES WHICH IS ANTICIPATED TO COST MORE THAN
 SEVEN HUNDRED FIFTY THOUSAND DOLLARS IN A TWELVE MONTH PERIOD THE  STATE
 AGENCY  SHALL  CONDUCT A COST COMPARISON REVIEW TO DETERMINE WHETHER THE
 SERVICES TO BE PROVIDED BY THE CONSULTANT CAN BE PERFORMED AT  EQUAL  OR
 LOWER  COST  BY UTILIZING STATE EMPLOYEES, UNLESS THE CONTRACT MEETS ONE
 OF THE EXCEPTIONS SET FORTH IN PARAGRAPH G OF THIS SUBDIVISION. AS  USED
 IN  THIS SECTION, THE TERM "CONSULTANT SERVICES" SHALL MEAN ANY CONTRACT
 ENTERED INTO BY A  STATE  AGENCY  FOR  ANALYSIS,  EVALUATION,  RESEARCH,
 TRAINING, DATA PROCESSING, COMPUTER PROGRAMMING, THE DESIGN, DEVELOPMENT
 AND  IMPLEMENTATION  OF TECHNOLOGY, COMMUNICATIONS OR TELECOMMUNICATIONS
 SYSTEMS OR THE INFRASTRUCTURE PERTAINING THERETO, INCLUDING HARDWARE AND
 SOFTWARE,  ENGINEERING  INCLUDING  INSPECTION  AND  PROFESSIONAL  DESIGN
 SERVICES, HEALTH SERVICES, MENTAL HEALTH SERVICES, ACCOUNTING, AUDITING,
 OR  SIMILAR SERVICES AND SUCH SERVICES THAT ARE SUBSTANTIALLY SIMILAR TO
 AND IN LIEU OF SERVICES PROVIDED, IN WHOLE OR IN PART, BY STATE  EMPLOY-
 EES, BUT SHALL NOT INCLUDE LEGAL SERVICES OR SERVICES IN CONNECTION WITH
 LITIGATION  INCLUDING  EXPERT  WITNESSES AND SHALL NOT INCLUDE CONTRACTS
 FOR CONSTRUCTION OF PUBLIC WORKS. FOR PURPOSES OF THIS SUBDIVISION,  THE
 COSTS  OF  PERFORMING  THE SERVICES BY STATE EMPLOYEES SHALL INCLUDE ANY
 SALARY, PENSION COSTS, ALL OTHER BENEFIT COSTS, COSTS THAT ARE  REQUIRED
 FOR  EQUIPMENT, FACILITIES AND ALL OTHER OVERHEAD. THE COSTS OF CONSULT-
 ANT SERVICES SHALL INCLUDE THE TOTAL  COST  OF  THE  CONTRACT  INCLUDING
 COSTS THAT ARE REQUIRED FOR EQUIPMENT, FACILITIES AND ALL OTHER OVERHEAD
 AND  ANY  CONTINUING  STATE  COSTS DIRECTLY ASSOCIATED WITH A CONTRACTOR
 PROVIDING A CONTRACTED FUNCTION INCLUDING, BUT  NOT  LIMITED  TO,  THOSE
 COSTS  FOR  INSPECTION, SUPERVISION, MONITORING OF THE CONTRACTOR'S WORK
 AND ANY PRO RATA SHARE OF EXISTING COSTS OR EXPENSES, INCLUDING ADMINIS-
 TRATIVE SALARIES AND BENEFITS,  RENT,  EQUIPMENT  COSTS,  UTILITIES  AND
 MATERIALS.  THE  COST COMPARISON SHALL BE EXPRESSED WHERE FEASIBLE AS AN
 HOURLY RATE, OR WHERE SUCH A CALCULATION IS NOT  FEASIBLE,  AS  A  TOTAL
 ESTIMATED COST FOR THE ANTICIPATED TERM OF THE CONTRACT.
   B. PRIOR TO ENTERING ANY CONSULTATION SERVICES CONTRACT FOR THE PRIVA-
 TIZATION  OF A STATE SERVICE THAT IS NOT CURRENTLY PRIVATIZED, THE STATE
 AGENCY SHALL DEVELOP A COST COMPARISON REVIEW  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION.
   C. (I) IF SUCH COST COMPARISON REVIEW IDENTIFIES A COST SAVINGS TO THE
 STATE OF TEN PERCENT OR MORE, AND SUCH CONSULTANT SERVICES CONTRACT WILL
 NOT DIMINISH THE QUALITY OF SUCH SERVICE, THE STATE AGENCY SHALL DEVELOP
 A  BUSINESS  PLAN,  IN  ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH D OF
 THIS SUBDIVISION, IN ORDER TO EVALUATE THE FEASIBILITY OF  ENTERING  ANY
 SUCH  CONTRACT  AND TO IDENTIFY THE POTENTIAL RESULTS, EFFECTIVENESS AND
 EFFICIENCY OF SUCH CONTRACT.
   (II) IF SUCH COST COMPARISON REVIEW IDENTIFIES A COST SAVINGS OF  LESS
 THAN TEN PERCENT TO THE STATE AND SUCH CONSULTANT SERVICES CONTRACT WILL
 NOT DIMINISH THE QUALITY OF SUCH SERVICE, THE STATE AGENCY MAY DEVELOP A
 BUSINESS PLAN, IN ORDER TO EVALUATE THE FEASIBILITY OF ENTERING ANY SUCH
 CONTRACT  AND TO IDENTIFY THE POTENTIAL RESULTS, EFFECTIVENESS AND EFFI-
 CIENCY OF SUCH CONTRACT, PROVIDED THERE IS A SIGNIFICANT  PUBLIC  POLICY
 REASON TO ENTER INTO SUCH CONSULTANT SERVICES CONTRACT.

 A. 9505--C                         125
 
   (III)  IF  ANY SUCH PROPOSED CONSULTANT SERVICES CONTRACT WOULD RESULT
 IN THE LAYOFF, TRANSFER OR REASSIGNMENT OF FIFTY OR  MORE  STATE  AGENCY
 EMPLOYEES,  AFTER  CONSULTING  WITH  THE POTENTIALLY AFFECTED BARGAINING
 UNITS, IF ANY, THE STATE AGENCY SHALL NOTIFY THE STATE EMPLOYEES OF SUCH
 BARGAINING  UNIT,  AFTER  SUCH COST COMPARISON REVIEW IS COMPLETED. SUCH
 STATE AGENCY SHALL PROVIDE AN OPPORTUNITY FOR SAID EMPLOYEES  TO  REDUCE
 THE  COSTS  OF  CONDUCTING  THE  OPERATIONS TO BE PRIVATIZED AND PROVIDE
 REASONABLE RESOURCES FOR THE PURPOSE OF ENCOURAGING AND  ASSISTING  SUCH
 STATE  EMPLOYEES  TO  ORGANIZE  AND SUBMIT A BID TO PROVIDE THE SERVICES
 THAT ARE THE SUBJECT OF THE POTENTIAL CONSULTANT SERVICES CONTACT.
   D. ANY BUSINESS PLAN DEVELOPED BY A STATE AGENCY FOR  THE  PURPOSE  OF
 COMPLYING  WITH  PARAGRAPH  C OF THIS SUBDIVISION SHALL INCLUDE: (I) THE
 COST COMPARISON REVIEW AS DESCRIBED IN PARAGRAPH B OF THIS  SUBDIVISION,
 (II)  A  DETAILED  DESCRIPTION  OF  THE  SERVICE OR ACTIVITY THAT IS THE
 SUBJECT OF SUCH BUSINESS PLAN, (III) A DESCRIPTION AND ANALYSIS  OF  THE
 STATE AGENCY'S CURRENT PERFORMANCE OF SUCH SERVICE OR ACTIVITY, (IV) THE
 GOALS  TO  BE ACHIEVED THROUGH THE PROPOSED CONSULTANT SERVICES CONTRACT
 AND THE RATIONALE FOR SUCH GOALS, (V) A DESCRIPTION OF AVAILABLE OPTIONS
 FOR ACHIEVING SUCH GOALS, (VI) AN ANALYSIS OF THE ADVANTAGES AND  DISAD-
 VANTAGES  OF EACH OPTION, INCLUDING, AT A MINIMUM, POTENTIAL PERFORMANCE
 IMPROVEMENTS AND RISKS ATTENDANT  TO  TERMINATION  OF  THE  CONTRACT  OR
 RESCISSION  OF  SUCH CONTRACT, (VII) A DESCRIPTION OF THE CURRENT MARKET
 FOR THE SERVICES OR ACTIVITIES THAT ARE THE  SUBJECT  OF  SUCH  BUSINESS
 PLAN,  (VIII) AN ANALYSIS OF THE QUALITY OF SERVICES AS GAUGED BY STAND-
 ARDIZED MEASURES AND  KEY  PERFORMANCE  REQUIREMENTS  INCLUDING  COMPEN-
 SATION, TURNOVER, AND STAFFING RATIOS, (IX) A DESCRIPTION OF THE SPECIF-
 IC  RESULTS BASED PERFORMANCE STANDARDS THAT SHALL, AT A MINIMUM BE MET,
 TO ENSURE ADEQUATE PERFORMANCE BY ANY PARTY PERFORMING SUCH  SERVICE  OR
 ACTIVITY, (X) THE PROJECTED TIME FRAME FOR KEY EVENTS FROM THE BEGINNING
 OF  THE  PROCUREMENT  PROCESS  THROUGH  THE EXPIRATION OF A CONTRACT, IF
 APPLICABLE, (XI) A SPECIFIC AND FEASIBLE CONTINGENCY PLAN THAT ADDRESSES
 CONTRACTOR NONPERFORMANCE AND A DESCRIPTION OF THE TASKS INVOLVED IN AND
 COSTS REQUIRED FOR IMPLEMENTATION OF SUCH PLAN, AND (XII)  A  TRANSITION
 PLAN,  IF  APPROPRIATE,  FOR  ADDRESSING CHANGES IN THE NUMBER OF AGENCY
 PERSONNEL, AFFECTED BUSINESS PROCESSES, EMPLOYEE TRANSITION ISSUES,  AND
 COMMUNICATIONS  WITH  AFFECTED  STAKEHOLDERS, SUCH AS AGENCY CLIENTS AND
 MEMBERS OF THE PUBLIC, IF APPLICABLE. SUCH TRANSITION PLAN SHALL CONTAIN
 A REEMPLOYMENT AND RETRAINING ASSISTANCE PLAN FOR EMPLOYEES WHO ARE  NOT
 RETAINED BY THE STATE OR EMPLOYED BY THE CONTRACTOR. IF ANY PART OF SUCH
 BUSINESS PLAN IS BASED UPON EVIDENCE THAT THE STATE AGENCY IS NOT SUFFI-
 CIENTLY  STAFFED  TO  PROVIDE  THE  SERVICES  REQUIRED BY THE CONSULTANT
 SERVICES CONTRACT, THE STATE AGENCY SHALL ALSO INCLUDE WITHIN SUCH BUSI-
 NESS PLAN A RECOMMENDATION FOR REMEDIATION OF THE UNDERSTAFFING TO ALLOW
 SUCH SERVICES TO BE PROVIDED DIRECTLY BY THE STATE AGENCY IN THE FUTURE.
   E. UPON THE COMPLETION OF SUCH BUSINESS PLAN, THE STATE  AGENCY  SHALL
 SUBMIT THE BUSINESS PLAN TO THE STATE COMPTROLLER.
   F.  (I)  NOT LATER THAN SIXTY DAYS AFTER RECEIPT OF ANY BUSINESS PLAN,
 THE STATE COMPTROLLER SHALL TRANSMIT  A  REPORT  DETAILING  ITS  REVIEW,
 EVALUATION  AND  DISPOSITION  REGARDING  SUCH BUSINESS PLAN TO THE STATE
 AGENCY THAT SUBMITTED SUCH COST COMPARISON REVIEW. SUCH SIXTY-DAY PERIOD
 MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS UPON  A  SHOWING  OF  GOOD
 CAUSE.
   (II)  THE  STATE  COMPTROLLER'S REPORT SHALL INCLUDE THE BUSINESS PLAN
 PREPARED BY THE STATE AGENCY, THE REASONS FOR APPROVAL  OR  DISAPPROVAL,
 ANY  RECOMMENDATIONS  OR OTHER INFORMATION TO ASSIST THE STATE AGENCY IN

 A. 9505--C                         126

 DETERMINING IF ADDITIONAL STEPS ARE NECESSARY TO  MOVE  FORWARD  WITH  A
 CONSULTANT SERVICES CONTRACT.
   (III) IF THE STATE COMPTROLLER DOES NOT ACT ON A BUSINESS PLAN SUBMIT-
 TED  BY  A  STATE  AGENCY WITHIN NINETY DAYS OF RECEIPT OF SUCH BUSINESS
 PLAN, SUCH BUSINESS PLAN SHALL BE DEEMED APPROVED.
   G. A COST COMPARISON SHALL NOT BE REQUIRED IF THE  CONTRACTING  AGENCY
 DEMONSTRATES:
   (I)  THE  SERVICES  ARE INCIDENTAL TO THE PURCHASE OF REAL OR PERSONAL
 PROPERTY; OR
   (II) THE CONTRACT IS NECESSARY IN ORDER TO AVOID A CONFLICT OF  INTER-
 EST ON THE PART OF THE AGENCY OR ITS EMPLOYEES; OR
   (III)  THE SERVICES ARE OF SUCH A HIGHLY SPECIALIZED NATURE THAT IT IS
 NOT FEASIBLE TO UTILIZE STATE  EMPLOYEES  TO  PERFORM  THEM  OR  REQUIRE
 SPECIAL  EQUIPMENT  THAT  IS  NOT  FEASIBLE FOR THE STATE TO PURCHASE OR
 LEASE; OR
   (IV) THE SERVICES ARE OF SUCH AN URGENT NATURE THAT IT IS NOT FEASIBLE
 TO UTILIZE STATE EMPLOYEES; OR
   (V) THE SERVICES ARE ANTICIPATED TO BE SHORT TERM AND ARE  NOT  LIKELY
 TO BE EXTENDED OR REPEATED AFTER THE CONTRACT IS COMPLETED; OR
   (VI)  A QUANTIFIABLE IMPROVEMENT IN SERVICES THAT CANNOT BE REASONABLY
 DUPLICATED.
   H. NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE A STATE AGENCY
 TO ENTER INTO A CONTRACT WHICH IS OTHERWISE PROHIBITED BY LAW.
   I. ALL DOCUMENTS RELATED TO THE  COST  COMPARISON  AND  BUSINESS  PLAN
 REQUIRED  BY  THIS  SUBDIVISION  AND THE DETERMINATIONS MADE PURSUANT TO
 PARAGRAPH G OF THIS SUBDIVISION  SHALL  BE  PUBLIC  RECORDS  SUBJECT  TO
 DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   §  3.  On  or  before  December  31,  2020 the state comptroller shall
 prepare a report, to be delivered to the governor, the temporary  presi-
 dent  of  the  senate and the speaker of the assembly. Such report shall
 include, but need not be limited to, an analysis of the effectiveness of
 the cost comparison review program and an analysis of the  cost  savings
 associated with performing such cost comparison.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all contracts solicited or  entered
 into  by  state agencies after the effective date of this act; provided,
 however, the amendments to section 163 of the state finance law made  by
 section  two of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.
 
                                  PART QQ
 
   Section 1. Subdivision 1 of section 10.40 of  the  criminal  procedure
 law,  as  amended by chapter 237 of the laws of 2015, is amended to read
 as follows:
   1. The chief administrator of the  courts  shall  have  the  power  to
 adopt, amend and rescind forms for the efficient and just administration
 of  this  chapter.    SUCH  FORMS SHALL INCLUDE, WITHOUT LIMITATION, THE
 FORMS DESCRIBED IN PARAGRAPH (Z)  OF  SUBDIVISION  TWO  OF  SECTION  TWO
 HUNDRED  TWELVE  OF  THE JUDICIARY LAW. A failure by any party to submit
 papers in compliance with forms authorized by this section shall not  be
 grounds for that reason alone for denial or granting of any motion.
   §  1-a. Section 10.40 of the criminal procedure law, as added by chap-
 ter 47 of the laws of 1984, is amended to read as follows:
 § 10.40 Chief administrator to prescribe forms.

 A. 9505--C                         127
 
   The chief administrator of the courts shall have the power  to  adopt,
 amend  and  rescind  forms  for the efficient and just administration of
 this chapter.  SUCH FORMS SHALL INCLUDE, WITHOUT LIMITATION,  THE  FORMS
 DESCRIBED  IN  PARAGRAPH  (Z)  OF SUBDIVISION TWO OF SECTION TWO HUNDRED
 TWELVE  OF THE JUDICIARY LAW. A failure by any party to submit papers in
 compliance with forms authorized by this section shall  not  be  grounds
 for that reason alone for denial or granting of any motion.
   §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
 adding six new paragraphs (u-1), (v-1), (w), (x), (y) and (z) to read as
 follows:
   (U-1) COMPILE AND PUBLISH DATA ON MISDEMEANOR OFFENSES IN ALL  COURTS,
 DISAGGREGATED BY COUNTY, INCLUDING THE FOLLOWING INFORMATION:
   (I) THE AGGREGATE NUMBER OF MISDEMEANORS CHARGED, BY INDICTMENT OR THE
 FILING OF A MISDEMEANOR COMPLAINT OR INFORMATION;
   (II) THE OFFENSE CHARGED;
   (III) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
   (IV) WHETHER THE INDIVIDUAL WAS ISSUED A SUMMONS OR APPEARANCE TICKET,
 WAS  SUBJECT  TO  CUSTODIAL  ARREST, AND/OR WAS HELD TO ARRAIGNMENT AS A
 RESULT OF THE ALLEGED MISDEMEANOR;
   (V) THE ZIP CODE OR LOCATION WHERE THE ALLEGED MISDEMEANOR OCCURRED;
   (VI) THE DISPOSITION,  INCLUDING,  AS  THE  CASE  MAY  BE,  DISMISSAL,
 ACQUITTAL,  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, PLEA, CONVICTION,
 OR OTHER DISPOSITION;
   (VII) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR; AND
   (VIII) THE SENTENCE  IMPOSED,  IF  ANY,  INCLUDING  FINES,  FEES,  AND
 SURCHARGES.
   (V-1)  COMPILE AND PUBLISH DATA ON VIOLATIONS IN ALL COURTS, DISAGGRE-
 GATED BY COUNTY, INCLUDING THE FOLLOWING INFORMATION:
   (I) THE AGGREGATE NUMBER OF VIOLATIONS CHARGED BY  THE  FILING  OF  AN
 INFORMATION;
   (II) THE VIOLATION CHARGED;
   (III) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
   (IV) WHETHER THE INDIVIDUAL WAS ISSUED A SUMMONS OR APPEARANCE TICKET,
 WAS  SUBJECT  TO  CUSTODIAL  ARREST, AND/OR WAS HELD TO ARRAIGNMENT AS A
 RESULT OF THE ALLEGED VIOLATION;
   (V) THE ZIP CODE OR LOCATION WHERE THE ALLEGED VIOLATION OCCURRED;
   (VI) THE DISPOSITION,  INCLUDING,  AS  THE  CASE  MAY  BE,  DISMISSAL,
 ACQUITTAL, CONVICTION, OR OTHER DISPOSITION;
   (VII) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR; AND
   (VIII)  THE  SENTENCE  IMPOSED,  IF  ANY,  INCLUDING  FINES, FEES, AND
 SURCHARGES.
   (W) THE CHIEF ADMINISTRATOR SHALL INCLUDE THE INFORMATION REQUIRED  BY
 PARAGRAPHS  (U-1)  AND  (V-1)  OF  THIS SUBDIVISION IN THE ANNUAL REPORT
 SUBMITTED TO THE LEGISLATURE AND THE GOVERNOR PURSUANT TO PARAGRAPH  (J)
 OF  SUBDIVISION  ONE OF THIS SECTION. THE CHIEF ADMINISTRATOR SHALL ALSO
 MAKE THE INFORMATION REQUIRED BY PARAGRAPHS  (U-1)  AND  (V-1)  OF  THIS
 SUBDIVISION  AVAILABLE TO THE PUBLIC BY POSTING IT ON THE WEBSITE OF THE
 OFFICE OF COURT ADMINISTRATION AND SHALL UPDATE SUCH  INFORMATION  ON  A
 MONTHLY BASIS. THE INFORMATION SHALL BE POSTED IN ALPHANUMERIC FORM THAT
 CAN  BE  DIGITALLY TRANSMITTED OR PROCESSED AND NOT IN PORTABLE DOCUMENT
 FORMAT OR SCANNED COPIES OF ORIGINAL DOCUMENTS.
   (X) NOTHING IN PARAGRAPHS (U-1) AND (V-1) OF THIS SUBDIVISION SHALL BE
 CONSTRUED AS GRANTING AUTHORITY TO THE CHIEF ADMINISTRATOR,  A  CRIMINAL
 JUSTICE  OR  LAW ENFORCEMENT AGENCY, A GOVERNMENTAL ENTITY, OR ANY AGENT
 OR REPRESENTATIVE OF THE FOREGOING, TO USE, DISSEMINATE, OR PUBLISH  ANY
 INDIVIDUAL'S  NAME, DATE OF BIRTH, NYSID, SOCIAL SECURITY NUMBER, DOCKET

 A. 9505--C                         128
 
 NUMBER, OR OTHER UNIQUE IDENTIFIER IN VIOLATION OF THE  CRIMINAL  PROCE-
 DURE LAW, THE GENERAL BUSINESS LAW, OR ANY OTHER LAW.
   (Y) NOTHING IN PARAGRAPHS (U-1) AND (V-1) OF THIS SUBDIVISION SHALL BE
 CONSTRUED  AS  GRANTING AUTHORITY TO THE CHIEF ADMINISTRATOR, A CRIMINAL
 JUSTICE OR LAW ENFORCEMENT AGENCY, A GOVERNMENTAL  ENTITY,  A  PARTY,  A
 JUDGE, A PROSECUTOR, OR ANY  AGENT OR REPRESENTATIVE OF THE FOREGOING TO
 INTRODUCE,  USE,  DISSEMINATE,  PUBLISH  OR  CONSIDER ANY RECORDS IN ANY
 JUDICIAL OR ADMINISTRATIVE PROCEEDING EXPUNGED OR SEALED UNDER  APPLICA-
 BLE  PROVISIONS  OF THE CRIMINAL PROCEDURE LAW, THE FAMILY COURT ACT, OR
 ANY OTHER LAW.
   (Z) IN EXECUTING THE REQUIREMENTS OF PARAGRAPHS  (U-1)  AND  (V-1)  OF
 THIS  SECTION,  THE  CHIEF ADMINISTRATOR MAY ADOPT RULES CONSISTENT WITH
 THE REQUIREMENTS OF PARAGRAPHS (X) AND (Y) OF THIS SUBDIVISION REQUIRING
 APPROPRIATE LAW ENFORCEMENT OR CRIMINAL  JUSTICE  AGENCIES  TO  IDENTIFY
 ACTIONS  AND  PROCEEDINGS  INVOLVING THESE OFFENSES, AND WITH RESPECT TO
 SUCH ACTIONS AND PROCEEDINGS, TO REPORT, IN SUCH FORM AND MANNER AS  THE
 CHIEF  ADMINISTRATOR  SHALL PRESCRIBE, THE INFORMATION SPECIFIED HEREIN.
 FURTHER, TO FACILITATE THIS PROVISION,  THE  CHIEF  ADMINISTRATOR  SHALL
 ADOPT  RULES TO FACILITATE RECORD SHARING, RETENTION AND OTHER NECESSARY
 COMMUNICATION AMONG THE CRIMINAL COURTS AND  LAW  ENFORCEMENT  AGENCIES,
 SUBJECT  TO  APPLICABLE  PROVISIONS  OF  THE CRIMINAL PROCEDURE LAW, THE
 FAMILY COURT ACT, AND ANY OTHER LAW PERTAINING TO  THE  CONFIDENTIALITY,
 EXPUNGEMENT AND SEALING OF RECORDS.
   §  3.  The  executive  law is amended by adding a new section 837-t to
 read as follows:
   § 837-T. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH  RESPECT
 TO  ARREST-RELATED DEATHS. 1. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH
 COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE  POLICE  SHALL  PROMPTLY
 REPORT  TO THE DIVISION ANY ARREST-RELATED DEATH, DISAGGREGATED BY COUN-
 TY. AN ARREST-RELATED DEATH IS A DEATH THAT OCCURS DURING  LAW  ENFORCE-
 MENT  CUSTODY  OR  AN  ATTEMPT  TO  ESTABLISH CUSTODY INCLUDING, BUT NOT
 LIMITED TO, DEATHS CAUSED BY ANY USE OF FORCE. THE  DATA  SHALL  INCLUDE
 THE FOLLOWING INFORMATION:
   (A) THE NUMBER OF ARREST-RELATED DEATHS;
   (B) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL;
   (C) THE ZIP CODE OR LOCATION WHERE THE DEATH OCCURRED; AND
   (D)  A  BRIEF DESCRIPTION OF THE CIRCUMSTANCES SURROUNDING THE ARREST-
 RELATED DEATH.
   2. THE DIVISION SHALL PRESENT TO THE GOVERNOR AND THE  LEGISLATURE  AN
 ANNUAL  REPORT CONTAINING THE INFORMATION REQUIRED BY SUBDIVISION ONE OF
 THIS SECTION. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION  SHALL  BE
 FOR  THE  PERIOD  BEGINNING JULY FIRST, TWO THOUSAND EIGHTEEN AND ENDING
 DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN AND SHALL BE  PRESENTED  NO
 LATER  THAN  FEBRUARY  FIRST,  TWO THOUSAND NINETEEN.   THEREAFTER, EACH
 ANNUAL REPORT SHALL BE PRESENTED NO LATER THAN FEBRUARY FIRST.
   3. THE DIVISION SHALL MAKE THE INFORMATION REQUIRED BY SUBDIVISION ONE
 OF THIS SECTION AVAILABLE TO THE PUBLIC BY POSTING IT ON THE WEBSITE  OF
 THE  DIVISION  AND SHALL UPDATE SUCH INFORMATION ON A MONTHLY BASIS. THE
 INFORMATION SHALL BE POSTED IN ALPHANUMERIC FORM THAT CAN  BE  DIGITALLY
 TRANSMITTED  OR PROCESSED AND NOT IN PORTABLE DOCUMENT FORMAT OR SCANNED
 COPIES OF ORIGINAL DOCUMENTS.
   § 4. This act shall take effect immediately; provided that the  amend-
 ment  to  subdivision  1 of section 10.40 of the criminal procedure law,
 made by section one of this act, shall be subject to the expiration  and
 reversion  of  such  section as provided in section 11 of chapter 237 of

 A. 9505--C                         129
 
 the laws of 2015, as amended, when upon  such  date  the  provisions  of
 section one-a of this act shall take effect.
 
                                  PART RR
 
   Section  1.  Subdivision 2 of section 420.35 of the criminal procedure
 law, as amended by chapter 426 of the laws of 2015, is amended and a new
 subdivision 2-a is added to read as follows:
   2. [Under] EXCEPT AS PROVIDED IN THIS SUBDIVISION OR SUBDIVISION TWO-A
 OF THIS SECTION, UNDER no circumstances shall the  mandatory  surcharge,
 sex  offender  registration  fee,  DNA  databank fee or the crime victim
 assistance fee be waived [provided, however, that a court may waive  the
 crime  victim  assistance  fee if such defendant is an eligible youth as
 defined in subdivision two of section 720.10 of this  chapter,  and  the
 imposition  of  such  fee  would  work  an  unreasonable hardship on the
 defendant, his or her immediate family,  or  any  other  person  who  is
 dependent  on such defendant for financial support]. A court shall waive
 any mandatory surcharge, DNA databank fee and  crime  victim  assistance
 fee when: (i) the defendant is convicted of loitering for the purpose of
 engaging in prostitution under section 240.37 of the penal law (provided
 that  the  defendant  was  not convicted of loitering for the purpose of
 patronizing a person for prostitution); (ii) the defendant is  convicted
 of prostitution under section 230.00 of the penal law; (iii) the defend-
 ant  is convicted of a violation in the event such conviction is in lieu
 of a plea to or conviction for loitering for the purpose of engaging  in
 prostitution  under  section  240.37 of the penal law (provided that the
 defendant was not alleged to be loitering for the purpose of patronizing
 a person for prostitution) or prostitution under section 230.00  of  the
 penal  law;  or (iv) the court finds that a defendant is a victim of sex
 trafficking under section 230.34 of the penal law or a victim  of  traf-
 ficking  in persons under the trafficking victims protection act (United
 States Code, Title 22, Chapter 78).
   2-A. A COURT MAY WAIVE ANY MANDATORY SURCHARGE, ADDITIONAL  SURCHARGE,
 TOWN OR VILLAGE SURCHARGE, THE CRIME VICTIM ASSISTANCE FEE, DNA DATABANK
 FEE,  SEX  OFFENDER  REGISTRATION  FEE  AND/OR SUPPLEMENTAL SEX OFFENDER
 VICTIM FEE WHEN THE COURT FINDS THAT THE DEFENDANT WAS UNDER THE AGE  OF
 TWENTY-ONE AT THE TIME THE OFFENSE WAS COMMITTED AND:
   (A) THE IMPOSITION OF SUCH SURCHARGE OR FEE WOULD WORK AN UNREASONABLE
 HARDSHIP  ON  THE  DEFENDANT,  HIS OR HER IMMEDIATE FAMILY, OR ANY OTHER
 PERSON WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL SUPPORT; OR
   (B) AFTER CONSIDERING THE GOAL OF PROMOTING SUCCESSFUL AND  PRODUCTIVE
 REENTRY  AND  REINTEGRATION  AS  SET FORTH IN SUBDIVISION SIX OF SECTION
 1.05 OF THE PENAL LAW, THE IMPOSITION OF SUCH  SURCHARGE  OR  FEE  WOULD
 ADVERSELY IMPACT THE DEFENDANT'S REINTEGRATION INTO SOCIETY; OR
   (C) THE INTERESTS OF JUSTICE.
   § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
 amended  by  section  5  of part F of chapter 56 of the laws of 2004, is
 amended to read as follows:
   3. Restrictions. [In] EXCEPT AS PROVIDED FOR IN SUBDIVISION  TWO-A  OF
 SECTION 420.35 OF THIS ARTICLE, IN no event shall a mandatory surcharge,
 sex  offender registration fee, DNA databank fee or crime victim assist-
 ance fee be remitted [provided, however, that  a  court  may  waive  the
 crime  victim  assistance  fee if such defendant is an eligible youth as
 defined in subdivision two of section 720.10 of this  chapter,  and  the
 imposition  of  such  fee  would  work  an  unreasonable hardship on the

 A. 9505--C                         130

 defendant, his or her immediate family,  or  any  other  person  who  is
 dependent on such defendant for financial support].
   § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
   § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
   § 5. This act shall take effect immediately.
 
                                  PART SS
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 15-a to read as follows:
   15-A.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS SPECIF-
 ICALLY REQUIRED OR PERMITTED BY STATUTE, FOR ANY  PROSPECTIVE  EMPLOYER,
 INCLUDING  ANY  PERSON,  AGENCY,  BUREAU,  CORPORATION  OR  ASSOCIATION,
 INCLUDING THE STATE AND ANY POLITICAL SUBDIVISION THEREOF,  TO  MAKE  AN
 INQUIRY  ABOUT,  WHETHER  IN ANY FORM OF APPLICATION OR OTHERWISE, OR TO
 ACT UPON ADVERSELY TO THE INDIVIDUAL INVOLVED BASED UPON,  ANY  CRIMINAL
 CONVICTION  OF SUCH INDIVIDUAL UNLESS SUCH EMPLOYER FIRST MAKES A CONDI-
 TIONAL OFFER OF EMPLOYMENT TO SUCH INDIVIDUAL. SUCH CONDITIONAL OFFER OF
 EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITHDRAWN ON THE BASIS OF A CRIMINAL
 CONVICTION IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF  THE  CORRECTION
 LAW  WHERE  SUCH CONVICTION BEARS A DIRECT RELATIONSHIP, AS SUCH TERM IS
 DEFINED IN SUBDIVISION THREE OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
 CORRECTION  LAW, TO THE SPECIFIC POSITION BEING OFFERED, OR THE GRANTING
 OF SUCH EMPLOYMENT WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR  TO
 THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART TT
 
   Section 1. Subdivision 23 of section 2 of the correction law, as added
 by chapter 1 of the laws of 2008, is amended to read as follows:
   23. "Segregated confinement" means the [disciplinary]  confinement  of
 an  inmate  in [a special housing unit or in a separate keeplock housing
 unit.  Special housing units and separate  keeplock  units  are  housing
 units that consist of cells grouped so as to provide separation from the
 general  population,  and may be used to house inmates confined pursuant
 to the disciplinary procedures described in  regulations]  ANY  FORM  OF
 CELL  CONFINEMENT  FOR  MORE  THAN SEVENTEEN HOURS A DAY OTHER THAN IN A
 FACILITY-WIDE EMERGENCY OR FOR  THE  PURPOSE  OF  PROVIDING  MEDICAL  OR
 MENTAL  HEALTH  TREATMENT.  CELL  CONFINEMENT THAT IS IMPLEMENTED DUE TO
 MEDICAL OR MENTAL HEALTH TREATMENT SHALL BE WITHIN A  CLINICAL  AREA  IN
 THE  CORRECTIONAL  FACILITY  OR  IN  AS  CLOSE PROXIMITY TO A MEDICAL OR
 MENTAL HEALTH UNIT AS POSSIBLE.
   § 2. Section 2 of the correction law is  amended  by  adding  two  new
 subdivisions 32 and 33 to read as follows:
   32.  "SPECIAL  POPULATIONS"  MEANS ANY PERSON: (A) TWENTY-ONE YEARS OF
 AGE OR YOUNGER; (B) FIFTY-FIVE YEARS OF AGE OR OLDER; (C) WITH  A  DISA-
 BILITY  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWENTY-ONE OF SECTION
 TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; OR (D) WHO IS PREGNANT,  IN
 THE  FIRST  EIGHT  WEEKS OF THE POST-PARTUM RECOVERY PERIOD AFTER GIVING
 BIRTH, OR CARING FOR A CHILD IN A CORRECTIONAL INSTITUTION  PURSUANT  TO
 SUBDIVISIONS TWO OR THREE OF SECTION SIX HUNDRED ELEVEN OF THIS CHAPTER.
   33.  "RESIDENTIAL  REHABILITATION  UNIT" MEANS A SEPARATE HOUSING UNIT
 USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING OF INCARCER-
 ATED PEOPLE WHO HAVE BEEN DETERMINED TO REQUIRE MORE THAN  FIFTEEN  DAYS

 A. 9505--C                         131

 OF SEGREGATED CONFINEMENT PURSUANT TO DEPARTMENT PROCEEDINGS. SUCH UNITS
 SHALL  BE THERAPEUTIC AND TRAUMA-INFORMED, AND AIM TO ADDRESS INDIVIDUAL
 TREATMENT AND REHABILITATION NEEDS AND UNDERLYING CAUSES OF  PROBLEMATIC
 BEHAVIORS.
   §  3.  Paragraph (a) of subdivision 6 of section 137 of the correction
 law, as amended by chapter 490 of the laws of 1974, is amended  to  read
 as follows:
   (a)  The inmate shall be supplied with a sufficient quantity of whole-
 some and nutritious food[, provided, however, that such food need not be
 the same as the food  supplied  to  inmates  who  are  participating  in
 programs of the facility];
   §  4.  Paragraph (d) of subdivision 6 of section 137 of the correction
 law, as added by chapter 1 of the laws of 2008, is amended  to  read  as
 follows:
   (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this
 paragraph,  the  department,  in  consultation with mental health clini-
 cians, shall divert or remove inmates with serious  mental  illness,  as
 defined  in  paragraph (e) of this subdivision, from segregated confine-
 ment OR CONFINEMENT IN A RESIDENTIAL  REHABILITATION  UNIT,  where  such
 confinement  could potentially be for a period in excess of thirty days,
 to a residential mental health treatment unit.   Nothing in  this  para-
 graph  shall be deemed to prevent the disciplinary process from proceed-
 ing in accordance with department rules and regulations for disciplinary
 hearings.
   (ii) (A) Upon placement of an inmate into segregated confinement OR  A
 RESIDENTIAL  REHABILITATION UNIT at a level one or level two facility, a
 suicide prevention screening instrument shall be administered  by  staff
 from  the department or the office of mental health who has been trained
 for that purpose. If such a screening instrument reveals that the inmate
 is at risk of suicide, a mental health clinician shall be consulted  and
 appropriate  safety precautions shall be taken. Additionally, within one
 business day of the placement of such an inmate into segregated confine-
 ment at a level one or level two facility, the inmate shall be  assessed
 by a mental health clinician.
   (B) Upon placement of an inmate into segregated confinement OR A RESI-
 DENTIAL  REHABILITATION  UNIT at a level three or level four facility, a
 suicide prevention screening instrument shall be administered  by  staff
 from  the department or the office of mental health who has been trained
 for that purpose. If such a screening instrument reveals that the inmate
 is at risk of suicide, a mental health clinician shall be consulted  and
 appropriate  safety  precautions  shall  be taken. All inmates placed in
 segregated confinement OR A RESIDENTIAL REHABILITATION UNIT at  a  level
 three or level four facility shall be assessed by a mental health clini-
 cian,  within  [fourteen]  SEVEN  days of such placement into segregated
 confinement.
   (C) At the initial assessment, if the mental  health  clinician  finds
 that  an inmate suffers from a serious mental illness, THAT PERSON SHALL
 BE DIVERTED OR REMOVED FROM  SEGREGATED  CONFINEMENT  OR  A  RESIDENTIAL
 REHABILITATION  UNIT  AND  a recommendation shall be made whether excep-
 tional circumstances, as described in clause (E) of  this  subparagraph,
 exist. In a facility with a joint case management committee, such recom-
 mendation shall be made by such committee. In a facility without a joint
 case management committee, the recommendation shall be made jointly by a
 committee  consisting  of  the  facility's highest ranking mental health
 clinician, the deputy superintendent for security, and the deputy super-
 intendent for program services, or their equivalents. Any such recommen-

 A. 9505--C                         132
 
 dation shall be reviewed by the joint central office  review  committee.
 The  administrative  process described in this clause shall be completed
 within [fourteen] SEVEN days of  the  initial  assessment,  and  if  the
 result  of such process is that the inmate should be removed from segre-
 gated confinement OR A RESIDENTIAL  REHABILITATION  UNIT,  such  removal
 shall  occur  as soon as practicable, but in no event more than seventy-
 two hours from the completion of the administrative process. PURSUANT TO
 PARAGRAPH (G) OF THIS SUBDIVISION, NOTHING IN THIS SECTION SHALL  PERMIT
 THE PLACEMENT OF AN INCARCERATED PERSON WITH SERIOUS MENTAL ILLNESS INTO
 SEGREGATED CONFINEMENT AT ANY TIME, EVEN FOR THE PURPOSES OF ASSESSMENT.
   (D)  If  an  inmate  with  a serious mental illness is not diverted or
 removed to a residential mental health treatment unit, such inmate shall
 be DIVERTED TO A RESIDENTIAL REHABILITATION UNIT  AND  reassessed  by  a
 mental  health  clinician within fourteen days of the initial assessment
 and at least once every fourteen days thereafter.  After each such addi-
 tional assessment, a recommendation as to whether such inmate should  be
 removed  from [segregated confinement] A RESIDENTIAL REHABILITATION UNIT
 shall be made and reviewed according to the process set forth in  clause
 (C) of this subparagraph.
   (E) A recommendation or determination whether to remove an inmate from
 segregated  confinement  OR A RESIDENTIAL REHABILITATION UNIT shall take
 into account the assessing mental health clinicians' opinions as to  the
 inmate's  mental condition and treatment needs, and shall also take into
 account any safety and security concerns that  would  be  posed  by  the
 inmate's  removal,  even  if  additional restrictions were placed on the
 inmate's access to treatment, property,  services  or  privileges  in  a
 residential  mental  health treatment unit. A recommendation or determi-
 nation shall direct the inmate's removal from segregated confinement  OR
 A  RESIDENTIAL  REHABILITATION  UNIT except in the following exceptional
 circumstances: (1) when the reviewer finds that  removal  would  pose  a
 substantial  risk  to  the  safety  of the inmate or other persons, or a
 substantial threat to the security of the facility, even  if  additional
 restrictions  were placed on the inmate's access to treatment, property,
 services or privileges in a residential mental health treatment unit; or
 (2) when the assessing mental  health  clinician  determines  that  such
 placement  is  in the inmate's best interests based on his or her mental
 condition and that removing such inmate to a residential  mental  health
 treatment  unit would be detrimental to his or her mental condition. Any
 determination not to remove an inmate with serious mental  illness  from
 segregated  confinement  OR  A  RESIDENTIAL REHABILITATION UNIT shall be
 documented in writing and include the reasons for the determination.
   (iii) Inmates with serious mental illness  who  are  not  diverted  or
 removed  from [segregated confinement] A RESIDENTIAL REHABILITATION UNIT
 shall be offered a heightened level of MENTAL HEALTH care,  involving  a
 minimum  of  [two]  THREE  hours  [each day, five days a week,] DAILY of
 out-of-cell therapeutic treatment and programming. This heightened level
 of care shall not be offered only in the following circumstances:
   (A) The heightened level of care shall not apply when an  inmate  with
 serious  mental illness does not, in the reasonable judgment of a mental
 health clinician, require the heightened level of  care.  Such  determi-
 nation shall be documented with a written statement of the basis of such
 determination  and shall be reviewed by the Central New York Psychiatric
 Center clinical director or his or her designee. Such a determination is
 subject to change should  the  inmate's  clinical  status  change.  Such
 determination shall be reviewed and documented by a mental health clini-
 cian  every  thirty  days, and in consultation with the Central New York

 A. 9505--C                         133
 
 Psychiatric Center clinical director or his or  her  designee  not  less
 than every ninety days.
   (B)  The  heightened  level  of  care  shall  not apply in exceptional
 circumstances when providing such care would create an unacceptable risk
 to the safety and security of inmates or staff. Such determination shall
 be documented by security personnel together  with  the  basis  of  such
 determination  and  shall be reviewed by the facility superintendent, in
 consultation with a mental health clinician, not less than  every  seven
 days  for  as  long  as the inmate remains in [segregated confinement] A
 RESIDENTIAL REHABILITATION UNIT.  The facility shall attempt to  resolve
 such  exceptional circumstances so that the heightened level of care may
 be provided. If such exceptional  circumstances  remain  unresolved  for
 thirty  days,  the  matter shall be referred to the joint central office
 review committee for review.
   (iv) [Inmates with serious mental illness  who  are  not  diverted  or
 removed  from segregated confinement shall not be placed on a restricted
 diet, unless there has been a written determination that the  restricted
 diet  is  necessary  for reasons of safety and security. If a restricted
 diet is imposed, it shall be limited to seven days, except in the excep-
 tional circumstances where the joint case  management  committee  deter-
 mines  that  limiting  the  restricted  diet to seven days would pose an
 unacceptable risk to the safety and security of  inmates  or  staff.  In
 such  case,  the  need  for a restricted diet shall be reassessed by the
 joint case management committee every seven days.
   (v)]All inmates in segregated confinement in a level one or level  two
 facility  who  are  not  assessed  with  a serious mental illness at the
 initial assessment shall be offered at least one interview with a mental
 health clinician within [fourteen] SEVEN days of  their  initial  mental
 health assessment, [and additional interviews at least every thirty days
 thereafter,]  unless  the  mental  health  clinician  at the most recent
 interview recommends an earlier interview or assessment. All inmates  in
 [segregated  confinement]  A  RESIDENTIAL REHABILITATION UNIT in a level
 three or level four facility who are not assessed with a serious  mental
 illness  at  the initial assessment shall be offered at least one inter-
 view with a mental health clinician within thirty days of their  initial
 mental health assessment, and additional interviews at least every nine-
 ty  days  thereafter,  unless  the  mental  health clinician at the most
 recent interview recommends an earlier interview or assessment.
   § 5. Subdivision 6 of section 137 of the correction law is amended  by
 adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) to
 read as follows:
   (G)  PERSONS IN A SPECIAL POPULATION AS DEFINED IN SUBDIVISION THIRTY-
 TWO OF SECTION TWO OF THIS CHAPTER SHALL NOT  BE  PLACED  IN  SEGREGATED
 CONFINEMENT  FOR  ANY  LENGTH  OF  TIME, EXCEPT IN KEEPLOCK FOR A PERIOD
 PRIOR TO A DISCIPLINARY HEARING PURSUANT TO PARAGRAPH (K) OF THIS SUBDI-
 VISION.  INDIVIDUALS IN A SPECIAL POPULATION WHO ARE IN  KEEPLOCK  PRIOR
 TO  A  DISCIPLINARY HEARING SHALL BE GIVEN SEVEN HOURS A DAY OUT-OF-CELL
 TIME OR SHALL BE TRANSFERRED TO A  RESIDENTIAL  REHABILITATION  UNIT  OR
 RESIDENTIAL  MENTAL  HEALTH TREATMENT UNIT AS EXPEDITIOUSLY AS POSSIBLE,
 BUT IN NO CASE LONGER THAN FORTY-EIGHT HOURS FROM THE TIME AN INDIVIDUAL
 IS ADMITTED TO KEEPLOCK.
   (H) NO PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT FOR LONGER  THAN
 NECESSARY AND NO MORE THAN FIFTEEN CONSECUTIVE DAYS OR TWENTY TOTAL DAYS
 WITHIN  ANY  SIXTY  DAY  PERIOD.    AT  THESE  LIMITS, HE OR SHE MUST BE
 RELEASED FROM SEGREGATED CONFINEMENT OR DIVERTED TO A SEPARATE  RESIDEN-
 TIAL  REHABILITATION  UNIT.  IF  PLACEMENT  OF SUCH PERSON IN SEGREGATED

 A. 9505--C                         134
 
 CONFINEMENT WOULD EXCEED THE TWENTY-DAY LIMIT AND THE DEPARTMENT  ESTAB-
 LISHES  THAT THE PERSON COMMITTED AN ACT DEFINED IN SUBPARAGRAPH (II) OF
 PARAGRAPH (J) OF THIS SUBDIVISION, THE DEPARTMENT MAY PLACE  THE  PERSON
 IN  SEGREGATED  CONFINEMENT  UNTIL  ADMISSION TO A RESIDENTIAL REHABILI-
 TATION UNIT CAN BE EFFECTUATED. SUCH ADMISSION TO A RESIDENTIAL REHABIL-
 ITATION UNIT SHALL OCCUR AS EXPEDITIOUSLY AS POSSIBLE  AND  IN  NO  CASE
 TAKE  LONGER  THAN FORTY-EIGHT HOURS FROM THE TIME SUCH PERSON IS PLACED
 IN SEGREGATED CONFINEMENT.
   (I) (I) ALL  SEGREGATED  CONFINEMENT  AND  RESIDENTIAL  REHABILITATION
 UNITS  SHALL  CREATE THE LEAST RESTRICTIVE ENVIRONMENT NECESSARY FOR THE
 SAFETY OF INCARCERATED PERSONS, STAFF, AND THE SECURITY OF THE FACILITY.
   (II) PERSONS IN SEGREGATED CONFINEMENT SHALL  BE  OFFERED  OUT-OF-CELL
 PROGRAMMING AT LEAST FOUR HOURS PER DAY, INCLUDING AT LEAST ONE HOUR FOR
 RECREATION.   PERSONS ADMITTED TO RESIDENTIAL REHABILITATION UNITS SHALL
 BE OFFERED AT LEAST SIX HOURS OF DAILY OUT-OF-CELL  CONGREGATE  PROGRAM-
 MING,  SERVICES,  TREATMENT, AND/OR MEALS, WITH AN ADDITIONAL MINIMUM OF
 ONE HOUR FOR RECREATION. RECREATION IN  ALL  RESIDENTIAL  REHABILITATION
 UNITS  SHALL  TAKE  PLACE  IN  A  CONGREGATE SETTING, UNLESS EXCEPTIONAL
 CIRCUMSTANCES MEAN DOING SO WOULD CREATE A SIGNIFICANT AND  UNREASONABLE
 RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS, STAFF, OR
 THE FACILITY.
   (III)  NO  LIMITATION  ON  SERVICES, TREATMENT, OR BASIC NEEDS SUCH AS
 CLOTHING, FOOD AND BEDDING SHALL BE IMPOSED AS A FORM OF PUNISHMENT.  IF
 PROVISION  OF ANY SUCH SERVICES, TREATMENT OR BASIC NEEDS TO AN INDIVID-
 UAL WOULD CREATE A SIGNIFICANT AND UNREASONABLE RISK TO THE  SAFETY  AND
 SECURITY OF INCARCERATED PERSONS, STAFF, OR THE FACILITY, SUCH SERVICES,
 TREATMENT  OR  BASIC  NEEDS  MAY BE WITHHELD UNTIL IT REASONABLY APPEARS
 THAT THE RISK HAS ENDED.   THE DEPARTMENT SHALL  NOT  IMPOSE  RESTRICTED
 DIETS  OR ANY OTHER CHANGE IN DIET AS A FORM OF PUNISHMENT. PERSONS IN A
 RESIDENTIAL REHABILITATION UNIT  SHALL  HAVE  ACCESS  TO  ALL  OF  THEIR
 PERSONAL PROPERTY UNLESS AN INDIVIDUAL DETERMINATION IS MADE THAT HAVING
 A  SPECIFIC  ITEM  WOULD POSE A SIGNIFICANT AND UNREASONABLE RISK TO THE
 SAFETY OF INCARCERATED PERSONS OR STAFF OR THE SECURITY OF THE UNIT.
   (IV) UPON ADMISSION TO A RESIDENTIAL REHABILITATION UNIT, PROGRAM  AND
 MENTAL HEALTH STAFF SHALL ADMINISTER ASSESSMENTS AND DEVELOP AN INDIVID-
 UAL  REHABILITATION  PLAN  IN CONSULTATION WITH THE RESIDENT, BASED UPON
 HIS OR HER MEDICAL, MENTAL HEALTH,  AND  PROGRAMMING  NEEDS.  SUCH  PLAN
 SHALL  IDENTIFY  SPECIFIC GOALS AND PROGRAMS, TREATMENT, AND SERVICES TO
 BE OFFERED, WITH PROJECTED TIME FRAMES FOR COMPLETION AND DISCHARGE FROM
 THE RESIDENTIAL REHABILITATION UNIT.
   (V) AN INCARCERATED PERSON IN A RESIDENTIAL REHABILITATION UNIT  SHALL
 HAVE ACCESS TO PROGRAMS AND WORK ASSIGNMENTS COMPARABLE TO CORE PROGRAMS
 AND  WORK  ASSIGNMENTS  IN GENERAL POPULATION. SUCH INCARCERATED PERSONS
 SHALL ALSO HAVE ACCESS TO ADDITIONAL OUT-OF-CELL, TRAUMA-INFORMED THERA-
 PEUTIC PROGRAMMING AIMED AT PROMOTING PERSONAL  DEVELOPMENT,  ADDRESSING
 UNDERLYING  CAUSES  OF  PROBLEMATIC BEHAVIOR RESULTING IN PLACEMENT IN A
 RESIDENTIAL REHABILITATION UNIT, AND HELPING PREPARE FOR DISCHARGE  FROM
 THE UNIT AND TO THE COMMUNITY.
   (VI)  IF  THE  DEPARTMENT  ESTABLISHES  THAT A PERSON COMMITTED AN ACT
 DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION  WHILE
 IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND POSES
 A  SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER
 INCARCERATED PERSONS OR STAFF, THE DEPARTMENT MAY RESTRICT SUCH PERSON'S
 PARTICIPATION IN PROGRAMMING AND OUT-OF-CELL ACTIVITIES AS NECESSARY FOR
 THE SAFETY OF OTHER INCARCERATED PERSONS AND STAFF. IF SUCH RESTRICTIONS
 ARE IMPOSED, THE DEPARTMENT MUST PROVIDE AT LEAST FOUR HOURS OUT-OF-CELL

 A. 9505--C                         135
 
 TIME DAILY, INCLUDING AT LEAST TWO HOURS OF THERAPEUTIC PROGRAMMING  AND
 TWO  HOURS  OF RECREATION, AND MUST MAKE REASONABLE EFFORTS TO REINSTATE
 ACCESS TO  PROGRAMMING  AS  SOON  AS  POSSIBLE.  IN  NO  CASE  MAY  SUCH
 RESTRICTIONS  EXTEND BEYOND FIFTEEN DAYS UNLESS THE PERSON COMMITS A NEW
 ACT DEFINED HEREIN JUSTIFYING RESTRICTIONS ON PROGRAM ACCESS, OR IF  THE
 COMMISSIONER  AND,  WHEN  APPROPRIATE, THE COMMISSIONER OF MENTAL HEALTH
 PERSONALLY REASONABLY DETERMINE THAT THE PERSON POSES  AN  EXTRAORDINARY
 AND  UNACCEPTABLE  RISK  OF  IMMINENT  HARM TO THE SAFETY OR SECURITY OF
 INCARCERATED PERSONS OR STAFF.   ANY EXTENSION OF  PROGRAM  RESTRICTIONS
 BEYOND  FIFTEEN DAYS MUST BE MEANINGFULLY REVIEWED AND APPROVED AT LEAST
 EVERY FIFTEEN DAYS BY THE COMMISSIONER AND,  WHEN  APPROPRIATE,  BY  THE
 COMMISSIONER  OF  MENTAL HEALTH. EACH REVIEW MUST CONSIDER THE IMPACT OF
 THERAPEUTIC PROGRAMMING PROVIDED DURING THE FIFTEEN-DAY  PERIOD  ON  THE
 PERSON'S  RISK  OF IMMINENT HARM AND THE COMMISSIONER MUST ARTICULATE IN
 WRITING, WITH A COPY PROVIDED TO THE INCARCERATED PERSON,  THE  SPECIFIC
 REASON  WHY THE PERSON CURRENTLY POSES AN EXTRAORDINARY AND UNACCEPTABLE
 RISK OF IMMINENT HARM TO THE SAFETY OR SECURITY OF INCARCERATED  PERSONS
 OR STAFF. IN NO CASE MAY RESTRICTIONS IMPOSED BY THE COMMISSIONER EXTEND
 BEYOND  NINETY  DAYS  UNLESS THE PERSON COMMITS A NEW ACT DEFINED HEREIN
 JUSTIFYING RESTRICTIONS ON PROGRAM ACCESS.
   (VII) RESTRAINTS SHALL NOT  BE  USED  WHEN  INCARCERATED  PERSONS  ARE
 PARTICIPATING  IN  OUT-OF-CELL ACTIVITIES WITHIN A RESIDENTIAL REHABILI-
 TATION UNIT UNLESS AN INDIVIDUAL ASSESSMENT IS MADE THAT RESTRAINTS  ARE
 REQUIRED  BECAUSE  OF  A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY
 AND SECURITY OF OTHER INCARCERATED PERSONS OR STAFF.
   (J) (I) THE DEPARTMENT MAY PLACE A PERSON  IN  SEGREGATED  CONFINEMENT
 FOR  UP  TO  THREE  CONSECUTIVE  DAYS AND NO LONGER THAN SIX DAYS IN ANY
 THIRTY DAY PERIOD IF, PURSUANT TO AN EVIDENTIARY HEARING, IT  DETERMINES
 THAT  THE  PERSON  VIOLATED  DEPARTMENT  RULES WHICH PERMIT A PENALTY OF
 SEGREGATED CONFINEMENT. THE DEPARTMENT MAY NOT PLACE A PERSON IN  SEGRE-
 GATED  CONFINEMENT  FOR  LONGER  THAN THREE CONSECUTIVE DAYS OR SIX DAYS
 TOTAL IN A THIRTY DAY PERIOD UNLESS THE PROVISIONS OF SUBPARAGRAPH  (II)
 OF THIS PARAGRAPH ARE MET.
   (II)  THE  DEPARTMENT  MAY  PLACE  A  PERSON IN SEGREGATED CONFINEMENT
 BEYOND THE LIMITS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR IN A RESIDEN-
 TIAL REHABILITATION UNIT ONLY IF, PURSUANT TO AN EVIDENTIARY HEARING, IT
 DETERMINES BY WRITTEN DECISION THAT THE  PERSON  COMMITTED  ONE  OF  THE
 FOLLOWING ACTS AND IF THE COMMISSIONER OR HIS OR HER DESIGNEE DETERMINES
 IN WRITING BASED ON SPECIFIC OBJECTIVE CRITERIA THE ACTS WERE SO HEINOUS
 OR  DESTRUCTIVE  THAT  PLACEMENT OF THE INDIVIDUAL IN GENERAL POPULATION
 HOUSING CREATES A SIGNIFICANT RISK OF IMMINENT SERIOUS  PHYSICAL  INJURY
 TO STAFF OR OTHER INCARCERATED PERSONS, AND CREATES AN UNREASONABLE RISK
 TO THE SECURITY OF THE FACILITY:
   (A) CAUSING OR ATTEMPTING TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO
 ANOTHER  PERSON  OR  MAKING  AN IMMINENT THREAT OF SUCH SERIOUS PHYSICAL
 INJURY OR DEATH IF THE PERSON HAS A HISTORY  OF  CAUSING  SUCH  PHYSICAL
 INJURY  OR DEATH AND THE COMMISSIONER AND, WHEN APPROPRIATE, THE COMMIS-
 SIONER OF MENTAL HEALTH OR THEIR  DESIGNEES  REASONABLY  DETERMINE  THAT
 THERE IS A STRONG LIKELIHOOD THAT THE PERSON WILL CARRY OUT SUCH THREAT.
 THE  COMMISSIONER  OF  MENTAL  HEALTH  OR  HIS  OR HER DESIGNEE SHALL BE
 INVOLVED IN SUCH DETERMINATION IF THE PERSON  IS  OR  HAS  BEEN  ON  THE
 MENTAL HEALTH CASELOAD OR APPEARS TO REQUIRE PSYCHIATRIC ATTENTION.  THE
 DEPARTMENT  AND  THE  OFFICE OF MENTAL HEALTH SHALL PROMULGATE RULES AND
 REGULATIONS PERTAINING TO THIS CLAUSE;
   (B) COMPELLING OR ATTEMPTING TO COMPEL ANOTHER  PERSON,  BY  FORCE  OR
 THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT;

 A. 9505--C                         136
 
   (C)  EXTORTING  ANOTHER,  BY FORCE OR THREAT OF FORCE, FOR PROPERTY OR
 MONEY;
   (D)  COERCING  ANOTHER,  BY  FORCE  OR THREAT OF FORCE, TO VIOLATE ANY
 RULE;
   (E) LEADING, ORGANIZING, INCITING, OR  ATTEMPTING  TO  CAUSE  A  RIOT,
 INSURRECTION, OR OTHER SIMILARLY SERIOUS DISTURBANCE THAT RESULTS IN THE
 TAKING  OF A HOSTAGE, MAJOR PROPERTY DAMAGE, OR PHYSICAL HARM TO ANOTHER
 PERSON;
   (F) PROCURING DEADLY WEAPONS OR OTHER DANGEROUS CONTRABAND THAT  POSES
 A SERIOUS THREAT TO THE SECURITY OF THE INSTITUTION; OR
   (G)  ESCAPING,  ATTEMPTING  TO ESCAPE OR FACILITATING AN ESCAPE FROM A
 FACILITY OR ESCAPING OR ATTEMPTING TO  ESCAPE  WHILE  UNDER  SUPERVISION
 OUTSIDE SUCH FACILITY.
   FOR  PURPOSES  OF THIS SECTION, ATTEMPTING TO CAUSE A SERIOUS DISTURB-
 ANCE OR TO ESCAPE SHALL ONLY BE DETERMINED TO HAVE OCCURRED IF THERE  IS
 A  CLEAR  FINDING  THAT  THE  INMATE  HAD  THE INTENT TO CAUSE A SERIOUS
 DISTURBANCE OR THE INTENT TO ESCAPE AND HAD COMPLETED  SIGNIFICANT  ACTS
 IN  THE  ADVANCEMENT  OF  THE ATTEMPT TO CREATE A SERIOUS DISTURBANCE OR
 ESCAPE. EVIDENCE OF WITHDRAWAL OR ABANDONMENT OF A PLAN TO CAUSE A SERI-
 OUS DISTURBANCE OR TO ESCAPE SHALL NEGATE A FINDING OF INTENT.
   (III) NO PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT OR A  RESIDEN-
 TIAL  REHABILITATION  UNIT  BASED  ON  THE SAME ACT OR INCIDENT THAT WAS
 PREVIOUSLY USED AS THE BASIS FOR SUCH PLACEMENT.
   (IV) NO PERSON MAY BE HELD IN SEGREGATED  CONFINEMENT  FOR  PROTECTIVE
 CUSTODY.  ANY  UNIT  USED  FOR  PROTECTIVE  CUSTODY  MUST, AT A MINIMUM,
 CONFORM TO REQUIREMENTS GOVERNING RESIDENTIAL REHABILITATION UNITS.
   (K) ALL HEARINGS TO DETERMINE IF A PERSON MAY BE PLACED IN  SEGREGATED
 CONFINEMENT  SHALL  OCCUR  PRIOR  TO PLACEMENT IN SEGREGATED CONFINEMENT
 UNLESS A SECURITY SUPERVISOR, WITH WRITTEN APPROVAL OF A FACILITY SUPER-
 INTENDENT OR DESIGNEE, REASONABLY BELIEVES THE PERSON FITS THE SPECIFIED
 CRITERIA FOR SEGREGATED CONFINEMENT IN SUBPARAGRAPH  (II)  OF  PARAGRAPH
 (J)  OF  THIS  SUBDIVISION.  IF  A  HEARING DOES NOT TAKE PLACE PRIOR TO
 PLACEMENT, IT SHALL OCCUR AS SOON AS REASONABLY PRACTICABLE AND AT  MOST
 WITHIN  FIVE  DAYS  OF  SUCH PLACEMENT UNLESS THE CHARGED PERSON SEEKS A
 POSTPONEMENT OF THE HEARING. PERSONS AT SUCH HEARINGS SHALL BE PERMITTED
 TO BE REPRESENTED BY ANY ATTORNEY OR LAW STUDENT, OR BY ANY PARALEGAL OR
 INCARCERATED PERSON UNLESS THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH
 PARALEGAL OR INCARCERATED PERSON BASED UPON OBJECTIVE  WRITTEN  CRITERIA
 DEVELOPED BY THE DEPARTMENT.
   (L)  (I)  ANY  SANCTION  IMPOSED  ON  AN INCARCERATED PERSON REQUIRING
 SEGREGATED CONFINEMENT SHALL RUN WHILE THE PERSON IS  IN  A  RESIDENTIAL
 REHABILITATION  UNIT  AND  THE  PERSON SHALL BE DISCHARGED FROM THE UNIT
 BEFORE OR AT THE TIME SUCH SANCTION EXPIRES. IF  A  PERSON  SUCCESSFULLY
 COMPLETES  HIS  OR  HER REHABILITATION PLAN BEFORE THE SANCTION EXPIRES,
 THE PERSON SHALL HAVE A RIGHT TO BE DISCHARGED FROM THE UNIT  UPON  SUCH
 COMPLETION.
   (II) IF AN INCARCERATED PERSON HAS NOT BEEN DISCHARGED FROM A RESIDEN-
 TIAL  REHABILITATION UNIT WITHIN ONE YEAR OF INITIAL ADMISSION TO SUCH A
 UNIT OR IS WITHIN SIXTY DAYS OF A FIXED OR TENTATIVELY APPROVED DATE FOR
 RELEASE FROM A CORRECTIONAL FACILITY, HE OR SHE SHALL HAVE A RIGHT TO BE
 DISCHARGED FROM THE UNIT UNLESS HE OR SHE COMMITTED  AN  ACT  LISTED  IN
 SUBPARAGRAPH  (II) OF PARAGRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR
 ONE HUNDRED EIGHTY DAYS AND HE OR SHE POSES A SIGNIFICANT AND  UNREASON-
 ABLE RISK TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. IN
 ANY  SUCH  CASE THE DECISION NOT TO DISCHARGE SUCH PERSON SHALL BE IMME-
 DIATELY AND AUTOMATICALLY SUBJECTED TO  AN  INDEPENDENT  REVIEW  BY  THE

 A. 9505--C                         137

 COMMISSIONER AND THE COMMISSIONER OF MENTAL HEALTH OR THEIR DESIGNEES. A
 PERSON  MAY  REMAIN IN A RESIDENTIAL REHABILITATION UNIT BEYOND THE TIME
 LIMITS PROVIDED IN THIS SECTION IF BOTH COMMISSIONERS OR BOTH  OF  THEIR
 DESIGNEES  APPROVE  THIS  DECISION.  IN  EXTRAORDINARY  CIRCUMSTANCES, A
 PERSON WHO HAS NOT COMMITTED AN ACT LISTED IN SUBPARAGRAPH (II) OF PARA-
 GRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY  DAYS,
 MAY  REMAIN  IN A RESIDENTIAL REHABILITATION UNIT BEYOND THE TIME LIMITS
 PROVIDED IN THIS SECTION IF BOTH THE COMMISSIONER AND  THE  COMMISSIONER
 OF  MENTAL  HEALTH  PERSONALLY  DETERMINE  THAT SUCH INDIVIDUAL POSES AN
 EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT HARM TO  THE  SAFETY  OR
 SECURITY OF INCARCERATED PERSONS OR STAFF.
   (III)  THERE  SHALL  BE  A MEANINGFUL PERIODIC REVIEW OF THE STATUS OF
 EACH INCARCERATED PERSON IN A RESIDENTIAL REHABILITATION UNIT  AT  LEAST
 EVERY  SIXTY  DAYS  TO ASSESS THE PERSON'S PROGRESS AND DETERMINE IF THE
 PERSON SHOULD BE DISCHARGED  FROM  THE  UNIT.  FOLLOWING  SUCH  PERIODIC
 REVIEW,  IF  THE  PERSON  IS  NOT  DISCHARGED FROM THE UNIT, PROGRAM AND
 MENTAL HEALTH STAFF SHALL SPECIFY IN WRITING THE REASONS FOR THE  DETER-
 MINATION  AND  THE PROGRAM, TREATMENT, SERVICE, AND/OR CORRECTIVE ACTION
 REQUIRED BEFORE DISCHARGE. THE INCARCERATED PERSON SHALL BE GIVEN ACCESS
 TO THE PROGRAMS, TREATMENT AND SERVICES  SPECIFIED,  AND  SHALL  HAVE  A
 RIGHT TO BE DISCHARGED FROM THE RESIDENTIAL REHABILITATION UNIT UPON THE
 SUCCESSFUL FULFILLMENT OF SUCH REQUIREMENTS.
   (IV)  WHEN  AN  INCARCERATED  PERSON  IS DISCHARGED FROM A RESIDENTIAL
 REHABILITATION UNIT, ANY REMAINING  TIME  TO  SERVE  ON  ANY  UNDERLYING
 DISCIPLINARY  SANCTION  SHALL  BE  DISMISSED.  IF AN INCARCERATED PERSON
 SUBSTANTIALLY COMPLETES HIS OR HER REHABILITATION PLAN, HE OR SHE  SHALL
 HAVE  ANY  ASSOCIATED LOSS OF GOOD TIME RESTORED UPON DISCHARGE FROM THE
 UNIT.
   (M) ALL SPECIAL HOUSING UNIT, KEEPLOCK UNIT AND RESIDENTIAL  REHABILI-
 TATION UNIT STAFF AND THEIR SUPERVISORS SHALL UNDERGO A MINIMUM OF THIR-
 TY-SEVEN  HOURS  AND  THIRTY  MINUTES OF TRAINING PRIOR TO ASSIGNMENT TO
 SUCH UNIT, AND TWENTY-ONE HOURS OF ADDITIONAL TRAINING  ANNUALLY  THERE-
 AFTER,  ON  SUBSTANTIVE  CONTENT DEVELOPED IN CONSULTATION WITH RELEVANT
 EXPERTS, ON TOPICS INCLUDING, BUT NOT LIMITED TO, THE PURPOSE AND  GOALS
 OF  THE  NON-PUNITIVE  THERAPEUTIC  ENVIRONMENT,  TRAUMA-INFORMED  CARE,
 RESTORATIVE JUSTICE, AND DISPUTE RESOLUTION METHODS. PRIOR TO  PRESIDING
 OVER ANY HEARINGS, ALL HEARING OFFICERS SHALL UNDERGO A MINIMUM OF THIR-
 TY-SEVEN  HOURS  AND THIRTY MINUTES OF TRAINING, WITH ONE ADDITIONAL DAY
 OF TRAINING ANNUALLY THEREAFTER, ON RELEVANT TOPICS, INCLUDING  BUT  NOT
 LIMITED  TO,  THE  PHYSICAL  AND  PSYCHOLOGICAL  EFFECTS  OF  SEGREGATED
 CONFINEMENT, PROCEDURAL AND DUE  PROCESS  RIGHTS  OF  THE  ACCUSED,  AND
 RESTORATIVE JUSTICE REMEDIES.
   (N)  THE DEPARTMENT SHALL PUBLISH MONTHLY REPORTS ON ITS WEBSITE, WITH
 SEMI-ANNUAL AND ANNUAL CUMULATIVE REPORTS, OF THE TOTAL NUMBER OF PEOPLE
 WHO ARE IN SEGREGATED CONFINEMENT AND THE TOTAL NUMBER OF PEOPLE WHO ARE
 IN RESIDENTIAL REHABILITATION UNITS ON THE FIRST DAY OF EACH MONTH.  THE
 REPORTS  SHALL PROVIDE A BREAKDOWN OF THE NUMBER OF PEOPLE IN SEGREGATED
 CONFINEMENT AND IN RESIDENTIAL REHABILITATION UNITS BY:  (I)  AGE;  (II)
 RACE;  (III)  GENDER;  (IV)  MENTAL  HEALTH TREATMENT LEVEL; (V) SPECIAL
 HEALTH ACCOMMODATIONS OR NEEDS;  (VI)  NEED  FOR  AND  PARTICIPATION  IN
 SUBSTANCE  ABUSE  PROGRAMS;  (VII)  PREGNANCY  STATUS; (VIII) CONTINUOUS
 LENGTH OF STAY IN RESIDENTIAL TREATMENT UNITS AS WELL AS LENGTH OF  STAY
 IN  THE  PAST SIXTY DAYS; (IX) NUMBER OF DAYS IN SEGREGATED CONFINEMENT;
 (X) A LIST  OF  ALL  INCIDENTS  RESULTING  IN  SANCTIONS  OF  SEGREGATED
 CONFINEMENT  BY  FACILITY  AND  DATE  OF  OCCURRENCE; (XI) THE NUMBER OF
 INCARCERATED PERSONS IN SEGREGATED CONFINEMENT BY  FACILITY;  AND  (XII)

 A. 9505--C                         138
 
 THE  NUMBER  OF INCARCERATED PERSONS IN RESIDENTIAL REHABILITATION UNITS
 BY FACILITY.
   §  6.  Section  138  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. DE-ESCALATION, INTERVENTION, INFORMATIONAL REPORTS, AND  THE  WITH-
 DRAWAL  OF  INCENTIVES  SHALL  BE THE PREFERRED METHODS OF RESPONDING TO
 MISBEHAVIOR  UNLESS  THE  DEPARTMENT  DETERMINES  THAT  NON-DISCIPLINARY
 INTERVENTIONS  HAVE FAILED, OR THAT NON-DISCIPLINARY INTERVENTIONS WOULD
 NOT SUCCEED AND THE MISBEHAVIOR INVOLVED AN ACT LISTED  IN  SUBPARAGRAPH
 (II)  OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-
 SEVEN OF THIS ARTICLE, IN WHICH CASE, AS A LAST RESORT,  THE  DEPARTMENT
 SHALL  HAVE THE AUTHORITY TO ISSUE MISBEHAVIOR REPORTS, PURSUE DISCIPLI-
 NARY CHARGES, OR IMPOSE NEW OR ADDITIONAL SEGREGATED  CONFINEMENT  SANC-
 TIONS.
   § 7. Subdivision 1 of section 401 of the correction law, as amended by
 chapter 1 of the laws of 2008, is amended to read as follows:
   1.    The commissioner, in cooperation with the commissioner of mental
 health, shall establish programs, including but not limited to  residen-
 tial  mental  health treatment units, in such correctional facilities as
 he or she may deem appropriate for the treatment of mentally ill inmates
 confined in state correctional facilities who are in need of psychiatric
 services but who do not require hospitalization  for  the  treatment  of
 mental illness. Inmates with serious mental illness shall receive thera-
 py  and  programming  in settings that are appropriate to their clinical
 needs while maintaining the safety and security of the facility.
   THE CONDITIONS AND SERVICES PROVIDED IN THE RESIDENTIAL MENTAL  HEALTH
 TREATMENT UNITS SHALL BE AT LEAST COMPARABLE TO THOSE IN ALL RESIDENTIAL
 REHABILITATION  UNITS, AND ALL RESIDENTIAL MENTAL HEALTH TREATMENT UNITS
 SHALL BE IN COMPLIANCE WITH ALL PROVISIONS OF PARAGRAPHS (H), (I),  (J),
 AND  (K)  OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS
 CHAPTER. RESIDENTIAL MENTAL HEALTH TREATMENT UNITS THAT ARE EITHER RESI-
 DENTIAL MENTAL HEALTH UNIT MODELS OR BEHAVIORAL HEALTH UNIT MODELS SHALL
 ALSO BE IN COMPLIANCE WITH ALL PROVISIONS OF PARAGRAPH (L)  OF  SUBDIVI-
 SION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER.
   THE  RESIDENTIAL  MENTAL HEALTH TREATMENT UNITS SHALL ALSO PROVIDE THE
 ADDITIONAL MENTAL HEALTH TREATMENT, SERVICES, AND PROGRAMMING DELINEATED
 IN THIS SECTION. The administration and  operation  of  programs  estab-
 lished pursuant to this section shall be the joint responsibility of the
 commissioner  of  mental  health  and the commissioner. The professional
 mental health care  personnel,  and  their  administrative  and  support
 staff,  for  such  programs  shall  be employees of the office of mental
 health. All other personnel shall be employees of the department.
   § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401
 of the correction law, as added by chapter 1 of the  laws  of  2008,  is
 amended to read as follows:
   (i)  In  exceptional  circumstances, a mental health clinician, or the
 highest ranking facility security  supervisor  in  consultation  with  a
 mental  health  clinician  who has interviewed the inmate, may determine
 that an inmate's access to out-of-cell  therapeutic  programming  and/or
 mental  health  treatment  in a residential mental health treatment unit
 presents an unacceptable risk to the safety of inmates  or  staff.  Such
 determination  shall  be  documented in writing and SUCH INMATE SHALL BE
 REMOVED TO A RESIDENTIAL REHABILITATION UNIT THAT IS NOT  A  RESIDENTIAL
 MENTAL  HEALTH  TREATMENT UNIT WHERE alternative mental health treatment
 and/or other therapeutic programming, as determined by a  mental  health
 clinician, shall be provided.

 A. 9505--C                         139
 
   §  9.  Subdivision 5 of section 401 of the correction law, as added by
 chapter 1 of the laws of 2008, is amended to read as follows:
   5.  (a)  An inmate in a residential mental health treatment unit shall
 not be sanctioned with segregated  confinement  for  misconduct  on  the
 unit, or removed from the unit and placed in segregated confinement OR A
 RESIDENTIAL  REHABILITATION  UNIT,  except  in exceptional circumstances
 where such inmate's conduct poses a significant and unreasonable risk to
 the safety of inmates or staff, or to the security of the  facility  AND
 HE  OR  SHE  HAS  BEEN FOUND TO HAVE COMMITTED AN ACT OR ACTS DEFINED IN
 SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION  SIX  OF  SECTION  ONE
 HUNDRED THIRTY-SEVEN OF THIS CHAPTER.  Further, in the event that such a
 sanction  is  imposed,  an inmate shall not be required to begin serving
 such sanction until the reviews required by paragraph (b) of this subdi-
 vision have been completed;  provided,  however  that  in  extraordinary
 circumstances  where an inmate's conduct poses an immediate unacceptable
 threat to the safety of inmates or staff, or  to  the  security  of  the
 facility  an inmate may be immediately moved to [segregated confinement]
 A RESIDENTIAL REHABILITATION UNIT.  The determination that an  immediate
 transfer  to  [segregated confinement] A RESIDENTIAL REHABILITATION UNIT
 is necessary shall be made by  the  highest  ranking  facility  security
 supervisor in consultation with a mental health clinician.
   (b)  The joint case management committee shall review any disciplinary
 disposition imposing a sanction of segregated confinement  at  its  next
 scheduled  meeting.  Such  review  shall  take into account the inmate's
 mental condition and  safety  and  security  concerns.  The  joint  case
 management  committee  may  only thereafter recommend the removal of the
 inmate in exceptional circumstances where the inmate COMMITS AN  ACT  OR
 ACTS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF
 SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER AND poses a significant
 and  unreasonable risk to the safety of inmates or staff or to the secu-
 rity of the facility. In the event that the inmate was immediately moved
 to segregated confinement,  the  joint  case  management  committee  may
 recommend that the inmate continue to serve such sanction only in excep-
 tional  circumstances where the inmate COMMITS AN ACT OR ACTS DEFINED IN
 SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION  SIX  OF  SECTION  ONE
 HUNDRED  THIRTY-SEVEN OF THIS CHAPTER AND poses a significant and unrea-
 sonable risk to the safety of inmates or staff or to the security of the
 facility. If a determination is  made  that  the  inmate  shall  not  be
 required  to  serve  all or any part of the segregated confinement sanc-
 tion, the joint case management committee may instead recommend  that  a
 less restrictive sanction should be imposed. The recommendations made by
 the  joint case management committee under this paragraph shall be docu-
 mented in writing and referred to the superintendent for review  and  if
 the  superintendent disagrees, the matter shall be referred to the joint
 central office review committee for a final determination. The  adminis-
 trative  process  described  in this paragraph shall be completed within
 fourteen days. If the result of such process is that an inmate  who  was
 immediately  transferred to [segregated confinement] A RESIDENTIAL REHA-
 BILITATION UNIT should be removed  from  [segregated  confinement]  SUCH
 UNIT,  such  removal shall occur as soon as practicable, and in no event
 longer than seventy-two hours from the completion of the  administrative
 process.
   §  10.  Subdivision 6 of section 401 of the correction law, as amended
 by chapter 20 of the laws of 2016, is amended to read as follows:
   6. The department shall ensure that the curriculum for new  correction
 officers,  and  other  new  department  staff who will regularly work in

 A. 9505--C                         140
 
 programs providing mental health treatment for inmates, shall include at
 least eight hours of training about the types  and  symptoms  of  mental
 illnesses,  the  goals  of  mental  health  treatment, the prevention of
 suicide  and  training  in  how to effectively and safely manage inmates
 with mental illness. Such training may be  provided  by  the  office  of
 mental  health  or  the justice center for the protection of people with
 special needs. All department staff who are transferring into a residen-
 tial mental health treatment unit shall receive a minimum of eight addi-
 tional hours of such training, and eight hours  of  annual  training  as
 long as they work in such a unit. All security, program services, mental
 health and medical staff with direct inmate contact shall receive train-
 ing  each  year  regarding identification of, and care for, inmates with
 mental illnesses. The department shall provide  additional  training  on
 these  topics  on  an  ongoing basis as it deems appropriate.  ALL STAFF
 WORKING IN A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT SHALL ALSO RECEIVE
 ALL TRAINING MANDATED IN PARAGRAPH (M) OF SUBDIVISION SIX OF SECTION ONE
 HUNDRED THIRTY-SEVEN OF THIS CHAPTER.
   § 11. Section 401-a of the correction law is amended by adding  a  new
 subdivision 4 to read as follows:
   4.  THE  JUSTICE  CENTER SHALL ASSESS THE DEPARTMENT'S COMPLIANCE WITH
 THE PROVISIONS OF  SECTIONS  TWO,  ONE  HUNDRED  THIRTY-SEVEN,  AND  ONE
 HUNDRED  THIRTY-EIGHT OF THIS CHAPTER RELATING TO SEGREGATED CONFINEMENT
 AND RESIDENTIAL REHABILITATION UNITS AND SHALL ISSUE A PUBLIC REPORT, NO
 LESS THAN ANNUALLY, WITH RECOMMENDATIONS TO THE DEPARTMENT AND  LEGISLA-
 TURE,  REGARDING  ALL  ASPECTS OF SEGREGATED CONFINEMENT AND RESIDENTIAL
 REHABILITATION UNITS IN STATE CORRECTIONAL FACILITIES INCLUDING BUT  NOT
 LIMITED  TO  POLICIES AND PRACTICES CONCERNING: (A) PLACEMENT OF PERSONS
 IN SEGREGATED CONFINEMENT  AND  RESIDENTIAL  REHABILITATION  UNITS;  (B)
 SPECIAL  POPULATIONS;  (C) LENGTH OF TIME SPENT IN SUCH UNITS; (D) HEAR-
 INGS AND PROCEDURES; (E) PROGRAMS, TREATMENT AND CONDITIONS OF  CONFINE-
 MENT IN SUCH UNITS; AND (F) ASSESSMENTS AND REHABILITATION PLANS, PROCE-
 DURES AND DISCHARGE DETERMINATIONS.
   §  12.  Section  45  of  the correction law is amended by adding a new
 subdivision 18 to read as follows:
   18. ASSESS COMPLIANCE OF LOCAL CORRECTIONAL FACILITIES WITH THE  TERMS
 OF  PARAGRAPHS  (G), (H), (I), (J), (K), (L), (M) AND (N) OF SUBDIVISION
 SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. THE  COMMISSION
 SHALL ISSUE A PUBLIC REPORT REGARDING ALL ASPECTS OF SEGREGATED CONFINE-
 MENT  AND RESIDENTIAL REHABILITATION UNITS AT LEAST ANNUALLY WITH RECOM-
 MENDATIONS TO LOCAL CORRECTIONAL FACILITIES, THE GOVERNOR, THE  LEGISLA-
 TURE, INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES REGARDING: (A)
 PLACEMENT  OF PERSONS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT
 IN SEGREGATED CONFINEMENT AND RESIDENTIAL TREATMENT UNITS; (D)  HEARINGS
 AND PROCEDURES; (E) CONDITIONS, PROGRAMS, SERVICES, CARE, AND TREATMENT;
 AND (F) ASSESSMENTS, REHABILITATION PLANS, AND DISCHARGE PROCEDURES.
   §  13. Section 500-k of the correction law, as amended by chapter 2 of
 the laws of 2008, is amended to read as follows:
   § 500-k. Treatment of inmates. 1. Subdivisions five and six of section
 one hundred thirty-seven of this chapter, except paragraphs (d) and  (e)
 of subdivision six of such section, relating to the treatment of inmates
 in  state  correctional facilities are applicable to inmates confined in
 county jails; except that the report required by paragraph (f) of subdi-
 vision six of such section shall be  made  to  a  person  designated  to
 receive such report in the rules and regulations of the state commission
 of  correction,  or in any county or city where there is a department of
 correction, to the head of such department.

 A. 9505--C                         141
 
   2. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY,  SUBDIVI-
 SION THIRTY-THREE OF SECTION TWO OF THIS CHAPTER, AND SUBPARAGRAPHS (I),
 (IV)  AND (V) OF PARAGRAPH (I) AND SUBPARAGRAPH (II) OF PARAGRAPH (L) OF
 SUBDIVISION SIX OF SECTION ONE  HUNDRED  THIRTY-SEVEN  OF  THIS  CHAPTER
 SHALL  NOT  APPLY TO LOCAL CORRECTIONAL FACILITIES WITH A TOTAL COMBINED
 CAPACITY OF FIVE HUNDRED INMATES OR FEWER.
   § 14. This act shall take effect one year after it shall have become a
 law.
 
                                  PART UU
 
   Section 1. Section 221.05 of the penal law, as added by chapter 360 of
 the laws of 1977, is amended to read as follows:
 § 221.05 Unlawful possession of marihuana.
   A person is guilty of unlawful possession of marihuana when  he  know-
 ingly and unlawfully possesses marihuana.
   Unlawful  possession  of marihuana is a violation punishable only by a
 fine of not more than one hundred dollars. However, where the  defendant
 has  previously  been  convicted of [an offense] A CRIME defined in this
 article, EXCEPT A CRIME  DEFINED  IN  SECTION  221.10  OF  THIS  ARTICLE
 PROVIDED,  HOWEVER,  THAT  THE RECORD OF SUCH CONVICTION DOES NOT DEMON-
 STRATE A CONVICTION UNDER SUBDIVISION TWO OF  SUCH  SECTION  221.10,  or
 article 220 of this chapter, committed within the three years immediate-
 ly  preceding  such violation, it shall be punishable (a) only by a fine
 of not more than two hundred dollars, if the  defendant  was  previously
 convicted of one such offense committed during such period, and (b) by a
 fine  of  not more than two hundred fifty dollars or a term of imprison-
 ment not in excess of fifteen days or both, if the defendant was  previ-
 ously convicted of two such offenses committed during such period.
   §  2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
 procedure law, as added by chapter 835 of the laws of 1977 and as relet-
 tered by chapter 192 of the laws of 1980, is amended to read as follows:
   (k) (i) The accusatory instrument alleged a violation of  article  two
 hundred  twenty  or section 240.36 of the penal law, prior to the taking
 effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
 violation  of  article two hundred twenty-one of the penal law; (ii) the
 sole  controlled  substance  involved  is  marijuana;  AND   (iii)   the
 conviction  was  only  for a violation or violations[; and (iv) at least
 three years have passed since the offense occurred] OF SECTION 221.10 OF
 THE PENAL LAW PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION DOES
 NOT DEMONSTRATE A CONVICTION  UNDER  SUBDIVISION  TWO  OF  SUCH  SECTION
 221.10,  OR  FOR  A  PETTY  OFFENSE OR OFFENSES.   NO DEFENDANT SHALL BE
 REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR SEALING PURSUANT TO  THIS
 PARAGRAPH AS PART OF A PLEA OF GUILTY, SENTENCE OR ANY AGREEMENT RELATED
 TO  A  CONVICTION FOR A VIOLATION OF SECTION 221.05 OR SECTION 221.10 OF
 THE PENAL LAW AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY  UNEN-
 FORCEABLE.
   § 3. Section 160.50 of the criminal procedure law is amended by adding
 three new subdivisions 5, 6 and 7 to read as follows:
   5.  A  PERSON  CONVICTED OF A VIOLATION OF SECTION 221.10 OF THE PENAL
 LAW, OTHER THAN A CONVICTION AFTER TRIAL  OF,  OR  PLEA  OF  GUILTY  TO,
 SUBDIVISION  TWO  OF SUCH SECTION 221.10, PRIOR TO THE EFFECTIVE DATE OF
 THIS SUBDIVISION MAY UPON MOTION APPLY TO THE COURT IN WHICH SUCH TERMI-
 NATION OCCURRED, UPON NOT LESS THAN TWENTY DAYS NOTICE TO  THE  DISTRICT
 ATTORNEY,  FOR  AN ORDER GRANTING TO SUCH PERSON THE RELIEF SET FORTH IN
 SUBDIVISION ONE OF THIS SECTION, AND SUCH ORDER SHALL BE GRANTED  UNLESS

 A. 9505--C                         142
 
 THE DISTRICT ATTORNEY DEMONSTRATES THAT THE INTERESTS OF JUSTICE REQUIRE
 OTHERWISE.
   6.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW EXCEPT AS PROVIDED
 IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (E) OF
 SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE  EXECUTIVE
 LAW:  (I)  WHEN  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES CONDUCTS A
 SEARCH OF ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO  SUBDIVI-
 SION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND
 RETURNS A REPORT THEREON, ALL REFERENCES TO A CONVICTION FOR A VIOLATION
 OF  SECTION 221.10 OF THE PENAL LAW, OTHER THAN A CONVICTION AFTER TRIAL
 OF, OR PLEA OF GUILTY TO, SUBDIVISION TWO OF SUCH SECTION 221.10,  SHALL
 BE  EXCLUDED  FROM  SUCH REPORT; AND (II) THE CHIEF ADMINISTRATOR OF THE
 COURTS SHALL DEVELOP AND PROMULGATE RULES AS MAY BE NECESSARY TO  ENSURE
 THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD SEARCH
 CONDUCTED  BY  THE  OFFICE  OF COURT ADMINISTRATION CONTAINS INFORMATION
 RELATING TO A CONVICTION FOR A VIOLATION OF SECTION 221.10 OF THE  PENAL
 LAW,  OTHER  THAN  A  CONVICTION  AFTER  TRIAL OF, OR PLEA OF GUILTY TO,
 SUBDIVISION TWO OF SUCH SECTION 221.10, UNLESS SUCH SEARCH IS  CONDUCTED
 SOLELY FOR A BONA FIDE RESEARCH PURPOSE, PROVIDED THAT SUCH INFORMATION,
 IF  SO DISSEMINATED, SHALL BE DISSEMINATED IN ACCORDANCE WITH PROCEDURES
 ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS TO ASSURE THE SECU-
 RITY AND PRIVACY OF IDENTIFICATION AND  INFORMATION  DATA,  WHICH  SHALL
 INCLUDE THE EXECUTION OF AN AGREEMENT WHICH PROTECTS THE CONFIDENTIALITY
 OF THE INFORMATION AND REASONABLY PROTECTS AGAINST DATA LINKAGE TO INDI-
 VIDUALS.
   (B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PERMIT OR
 REQUIRE  THE  RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE DIVISION
 OF CRIMINAL JUSTICE SERVICES OR THE OFFICE OF  COURT  ADMINISTRATION  OF
 CRIMINAL  HISTORY  RECORD INFORMATION THAT HAS BEEN SEALED IN ACCORDANCE
 WITH LAW.
   7. A PERSON CONVICTED OF A VIOLATION OF SECTION 221.05  OF  THE  PENAL
 LAW  SHALL,  ON  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  HAVE SUCH
 CONVICTION IMMEDIATELY  SEALED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION  IF SUCH CONVICTION OCCURRED LESS THAN THREE YEARS PRIOR TO SUCH
 EFFECTIVE DATE.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                  PART VV
 
   Section 1. The opening paragraph of subdivision 1 and subdivision 2 of
 section  216.00  of the criminal procedure law, the opening paragraph of
 subdivision 1 as amended by chapter 90 of the laws of 2014 and  subdivi-
 sion  2  as  added by section 4 of part AAA of chapter 56 of the laws of
 2009, are amended to read as follows:
   "Eligible defendant" means any person who stands charged in an indict-
 ment or a superior court information with a class B, C, D  or  E  felony
 offense  defined in article one hundred seventy-nine, two hundred twenty
 or two hundred twenty-one of  the  penal  law,  AN  OFFENSE  DEFINED  IN
 SECTIONS 105.10 AND 105.13 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING
 CRIME  FOR  THE CONSPIRACY CHARGE IS A CLASS B, C, D OR E FELONY OFFENSE
 DEFINED IN ARTICLE ONE HUNDRED SEVENTY-NINE, TWO HUNDRED TWENTY  OR  TWO
 HUNDRED TWENTY-ONE OF THE PENAL LAW, AUTO STRIPPING IN THE SECOND DEGREE
 AS  DEFINED  IN  SECTION  165.10 OF THE PENAL LAW, AUTO STRIPPING IN THE
 FIRST DEGREE AS DEFINED IN SECTION 165.11 OF  THE  PENAL  LAW,  IDENTITY
 THEFT  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 190.79 OF THE PENAL

 A. 9505--C                         143
 
 LAW, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 190.80  OF
 THE  PENAL LAW, or any other specified offense as defined in subdivision
 [four] FIVE of section 410.91 of  this  chapter,  provided,  however,  a
 defendant is not an "eligible defendant" if he or she:
   2.  "Alcohol  and  substance  [abuse]  USE evaluation" means a written
 assessment and report by a court-approved entity or licensed health care
 professional experienced in  the  treatment  of  alcohol  and  substance
 [abuse]  USE  DISORDER, or by an addiction and substance abuse counselor
 credentialed by the office of alcoholism and  substance  abuse  services
 pursuant  to  section  19.07  of  the  mental  hygiene  law, which shall
 include:
   (a) an evaluation as to whether the defendant has a history of alcohol
 or substance [abuse or alcohol or substance dependence] USE DISORDER, as
 such terms are defined in  the  diagnostic  and  statistical  manual  of
 mental  disorders,  [fourth]  FIFTH  edition,  and a co-occurring mental
 disorder or mental illness and the relationship between such  [abuse  or
 dependence] USE and mental disorder or mental illness, if any;
   (b)  a  recommendation  as  to  whether  the  defendant's  alcohol  or
 substance [abuse or  dependence]  USE,  if  any,  could  be  effectively
 addressed by judicial diversion in accordance with this article;
   (c)  a  recommendation as to the treatment modality, level of care and
 length of any proposed treatment to effectively address the  defendant's
 alcohol  or  substance  [abuse  or  dependence] USE and any co-occurring
 mental disorder or illness; and
   (d) any other information,  factor,  circumstance,  or  recommendation
 deemed relevant by the assessing entity or specifically requested by the
 court.
   §  2.  The opening paragraph of subdivision 1 of section 216.00 of the
 criminal procedure law, as added by section 4 of part AAA of chapter  56
 of the laws of 2009, is amended to read as follows:
   "Eligible defendant" means any person who stands charged in an indict-
 ment  or  a  superior court information with a class B, C, D or E felony
 offense defined in article two hundred twenty or two hundred  twenty-one
 of  the  penal  law, AN OFFENSE DEFINED IN SECTIONS 105.10 AND 105.13 OF
 THE PENAL LAW PROVIDED THAT THE  UNDERLYING  CRIME  FOR  THE  CONSPIRACY
 CHARGE  IS  A  CLASS  B, C, D OR E FELONY OFFENSE DEFINED IN ARTICLE TWO
 HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW,  AUTO  STRIP-
 PING IN THE SECOND DEGREE AS DEFINED IN SECTION 165.10 OF THE PENAL LAW,
 AUTO  STRIPPING  IN THE FIRST DEGREE AS DEFINED IN SECTION 165.11 OF THE
 PENAL LAW, IDENTITY THEFT IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION
 190.79  OF  THE PENAL LAW, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
 IN SECTION 190.80 OF THE PENAL LAW, or any other  specified  offense  as
 defined  in  subdivision  [four] FIVE of section 410.91 of this chapter,
 provided, however, a defendant is not an "eligible defendant" if  he  or
 she:
   § 3. Section 216.05 of the criminal procedure law, as added by section
 4  of  part  AAA  of  chapter  56  of the laws of 2009, subdivision 5 as
 amended by chapter 67 of the laws of 2016, subdivision 8 as  amended  by
 chapter  315  of the laws of 2016, and paragraph (a) of subdivision 9 as
 amended by chapter 258 of the laws  of  2015,  is  amended  to  read  as
 follows:
 § 216.05 Judicial diversion program; court procedures.
   1.  At  any  time  after the arraignment of an eligible defendant, but
 prior to the entry of a plea of guilty or the commencement of trial, the
 court at the request of the eligible defendant, may order an alcohol and
 substance [abuse] USE evaluation. An eligible defendant may  decline  to

 A. 9505--C                         144
 
 participate  in  such  an  evaluation  at  any time. The defendant shall
 provide a written authorization, in compliance with the requirements  of
 any  applicable  state or federal laws, rules or regulations authorizing
 disclosure of the results of the assessment to the defendant's attorney,
 the  prosecutor,  the  local probation department, the court, authorized
 court personnel and other individuals specified  in  such  authorization
 for  the  sole  purpose  of  determining whether the defendant should be
 offered judicial diversion for treatment for substance [abuse or depend-
 ence] USE, alcohol [abuse or dependence] USE and any co-occurring mental
 disorder or mental illness.
   2. Upon receipt of the completed alcohol  and  substance  [abuse]  USE
 evaluation  report,  the court shall provide a copy of the report to the
 eligible defendant and the prosecutor.
   3. (a) Upon receipt of the evaluation report either party may  request
 a  hearing  on  the  issue  of  whether the eligible defendant should be
 offered alcohol or substance [abuse]  USE  treatment  pursuant  to  this
 article.  At such a proceeding, which shall be held as soon as practica-
 ble so as to facilitate early intervention in the event that the defend-
 ant is found to need alcohol or substance  [abuse]  USE  treatment,  the
 court  may  consider oral and written arguments, may take testimony from
 witnesses offered  by  either  party,  and  may  consider  any  relevant
 evidence including, but not limited to, evidence that:
   (i)  the  defendant  had within the preceding ten years (excluding any
 time during which the offender was incarcerated for any  reason  between
 the  time of the acts that led to the youthful offender adjudication and
 the time of commission of the present offense) been adjudicated a youth-
 ful offender for: (A) a violent felony offense  as  defined  in  section
 70.02 of the penal law; or (B) any offense for which a merit time allow-
 ance  is not available pursuant to subparagraph (ii) of paragraph (d) of
 subdivision one of section eight hundred three of  the  correction  law;
 and
   (ii)  in  the  case  of a felony offense defined in subdivision [four]
 FIVE of section 410.91 of  this  chapter,  OR  SECTION  165.09,  165.10,
 190.79  OR 190.80 OF THE PENAL LAW, any statement of or submitted by the
 victim, as defined in paragraph (a) of subdivision two of section 380.50
 of this chapter.
   (b) Upon completion of such a proceeding, the court shall consider and
 make findings of fact with respect to whether:
   (i) the defendant is an eligible defendant as defined  in  subdivision
 one of section 216.00 of this article;
   (ii)  the  defendant  has  a history of alcohol or substance [abuse or
 dependence] USE;
   (iii) such alcohol  or  substance  [abuse  or  dependence]  USE  is  a
 contributing factor to the defendant's criminal behavior;
   (iv)  the defendant's participation in judicial diversion could effec-
 tively address such [abuse or dependence] USE; and
   (v) institutional confinement of the defendant is or may not be neces-
 sary for the protection of the public.
   4. When an authorized court determines, pursuant to paragraph  (b)  of
 subdivision  three of this section, that an eligible defendant should be
 offered alcohol or substance [abuse] USE treatment, or when the  parties
 and  the court agree to an eligible defendant's participation in alcohol
 or substance [abuse] USE treatment, an eligible defendant may be allowed
 to participate in the judicial diversion program offered by  this  arti-
 cle.  Prior to the court's issuing an order granting judicial diversion,
 the  eligible  defendant  shall be required to enter a plea of guilty to

 A. 9505--C                         145
 
 the charge or charges; provided, however, that no such guilty plea shall
 be required when:
   (a)  the  people  and  the court consent to the entry of such an order
 without a plea of guilty; or
   (b) based on a finding of exceptional circumstances, the court  deter-
 mines  that a plea of guilty shall not be required. For purposes of this
 subdivision, exceptional circumstances exist  when,  regardless  of  the
 ultimate disposition of the case, the entry of a plea of guilty is like-
 ly to result in severe collateral consequences.
   5.  The  defendant shall agree on the record or in writing to abide by
 the release conditions set by the court, which, shall  include:  partic-
 ipation in a specified period of alcohol or substance [abuse] USE treat-
 ment  at  a specified program or programs identified by the court, which
 may include periods of detoxification, residential or outpatient  treat-
 ment,  or both, as determined after taking into account the views of the
 health care professional who conducted the alcohol and substance [abuse]
 USE evaluation and any health care professionals responsible for provid-
 ing such treatment or monitoring the defendant's progress in such treat-
 ment; and may include: (i) periodic court appearances, which may include
 periodic urinalysis; (ii) a requirement that the defendant refrain  from
 engaging  in  criminal behaviors; (iii) if the defendant needs treatment
 for opioid [abuse or dependence] USE, that he or she may participate  in
 and  receive  medically  prescribed  drug treatments under the care of a
 health care professional licensed or certified under title eight of  the
 education  law,  acting  within  his  or  her  lawful scope of practice,
 provided that no court shall require the use of any  specified  type  or
 brand of drug during the course of medically prescribed drug treatments.
   6.  Upon  an eligible defendant's agreement to abide by the conditions
 set by the court, the court shall issue a securing order  providing  for
 bail or release on the defendant's own recognizance and conditioning any
 release  upon  the  agreed  upon  conditions.  The  period of alcohol or
 substance [abuse] USE treatment shall begin as specified  by  the  court
 and  as  soon  as practicable after the defendant's release, taking into
 account the availability of treatment, so as to facilitate early  inter-
 vention with respect to the defendant's [abuse] USE or condition and the
 effectiveness  of  the  treatment program. In the event that a treatment
 program is not immediately available or becomes unavailable  during  the
 course  of  the  defendant's  participation  in  the  judicial diversion
 program, the court may release the defendant pursuant  to  the  securing
 order.
   7. When participating in judicial diversion treatment pursuant to this
 article,  any  resident  of  this  state  who is covered under a private
 health insurance policy or contract issued for delivery  in  this  state
 pursuant to article thirty-two, forty-three or forty-seven of the insur-
 ance  law  or  article  forty-four  of  the public health law, or who is
 covered by a self-funded plan which provides coverage for the  diagnosis
 and  treatment of chemical abuse and chemical dependence however defined
 in such policy; shall first seek reimbursement  for  such  treatment  in
 accordance with the provisions of such policy or contract.
   8.  During  the  period of a defendant's participation in the judicial
 diversion program, the court shall retain jurisdiction of the defendant,
 provided, however, that the court may allow such defendant to (i) reside
 in another jurisdiction, or (ii) participate in  alcohol  and  substance
 [abuse]  USE  treatment and other programs in the jurisdiction where the
 defendant resides or in any other jurisdiction, while participating in a
 judicial diversion program under conditions set by the court and  agreed

 A. 9505--C                         146
 
 to  by  the  defendant  pursuant  to  subdivisions  five and six of this
 section. The court may require the defendant to appear in court  at  any
 time  to enable the court to monitor the defendant's progress in alcohol
 or  substance  [abuse]  USE  treatment.  The court shall provide notice,
 reasonable under the circumstances, to the people, the treatment provid-
 er, the defendant and the defendant's  counsel  whenever  it  orders  or
 otherwise  requires the appearance of the defendant in court. Failure to
 appear as required without reasonable cause therefor shall constitute  a
 violation of the conditions of the court's agreement with the defendant.
   9.  (a)  If  at  any  time during the defendant's participation in the
 judicial diversion program, the court has reasonable grounds to  believe
 that  the  defendant  has  violated a release condition or has failed to
 appear before the court as requested, the court shall direct the defend-
 ant to appear or issue a bench warrant to a police officer or an  appro-
 priate  peace  officer  directing  him or her to take the defendant into
 custody and bring the defendant before  the  court  without  unnecessary
 delay;  provided, however, that under no circumstances shall a defendant
 who requires treatment for opioid [abuse or dependence] USE be deemed to
 have violated a release condition on the basis of  his  or  her  partic-
 ipation  in  medically  prescribed  drug  treatments under the care of a
 health care professional licensed or certified under title eight of  the
 education  law,  acting within his or her lawful scope of practice.  The
 provisions of subdivision one of section 530.60 of this chapter relating
 to revocation of recognizance or bail shall apply  to  such  proceedings
 under this subdivision.
   (b)  In determining whether a defendant violated a condition of his or
 her release under the judicial diversion program, the court may  conduct
 a  summary hearing consistent with due process and sufficient to satisfy
 the court that the defendant has, in fact, violated the condition.
   (c) If the court determines that the defendant has violated  a  condi-
 tion  of  his  or  her release under the judicial diversion program, the
 court may modify the conditions thereof, reconsider the order of  recog-
 nizance  or  bail  pursuant to subdivision two of section 510.30 of this
 chapter, or terminate the  defendant's  participation  in  the  judicial
 diversion  program;  and  when  applicable  proceed with the defendant's
 sentencing  in  accordance  with  the  agreement.  Notwithstanding   any
 provision  of  law  to  the  contrary, the court may impose any sentence
 authorized for the crime of  conviction  in  accordance  with  the  plea
 agreement,  or  any lesser sentence authorized to be imposed on a felony
 drug offender pursuant to paragraph (b) or (c)  of  subdivision  two  of
 section  70.70  of  the penal law taking into account the length of time
 the defendant spent in residential treatment and how  best  to  continue
 treatment  while  the defendant is serving that sentence. In determining
 what action to take for a violation of a release  condition,  the  court
 shall  consider  all  relevant circumstances, including the views of the
 prosecutor, the defense and the alcohol or substance [abuse] USE  treat-
 ment  provider,  and the extent to which persons who ultimately success-
 fully complete  a  drug  treatment  regimen  sometimes  relapse  by  not
 abstaining from alcohol or substance [abuse] USE or by failing to comply
 fully  with  all  requirements imposed by a treatment program. The court
 shall  also  consider  using  a  system  of  graduated  and  appropriate
 responses or sanctions designed to address such inappropriate behaviors,
 protect   public  safety  and  facilitate,  where  possible,  successful
 completion of the alcohol or substance [abuse] USE treatment program.
   (d) Nothing in this subdivision shall be  construed  as  preventing  a
 court  from  terminating  a  defendant's  participation  in the judicial

 A. 9505--C                         147

 diversion program for violating a release condition when such  a  termi-
 nation  is  necessary  to  preserve public safety. Nor shall anything in
 this subdivision be construed as precluding the prosecution of a defend-
 ant for the commission of a different offense while participating in the
 judicial diversion program.
   (e) A defendant may at any time advise the court that he or she wishes
 to  terminate  participation in the judicial diversion program, at which
 time the court shall proceed with the case and, where applicable,  shall
 impose  sentence  in accordance with the plea agreement. Notwithstanding
 any provision of law to the contrary, the court may impose any  sentence
 authorized  for  the  crime  of  conviction  in accordance with the plea
 agreement, or any lesser sentence authorized to be imposed on  a  felony
 drug  offender  pursuant  to  paragraph (b) or (c) of subdivision two of
 section 70.70 of the penal law taking into account the  length  of  time
 the  defendant  spent  in residential treatment and how best to continue
 treatment while the defendant is serving that sentence.
   10. Upon the court's determination that the defendant has successfully
 completed the required period of alcohol or substance [abuse] USE treat-
 ment and has otherwise satisfied the conditions required for  successful
 completion  of  the  judicial  diversion program, the court shall comply
 with the terms and conditions it  set  for  final  disposition  when  it
 accepted the defendant's agreement to participate in the judicial diver-
 sion  program. Such disposition may include, but is not limited to:  (a)
 requiring the defendant to undergo a period of interim probation  super-
 vision  and,  upon  the defendant's successful completion of the interim
 probation supervision term, notwithstanding the provision of  any  other
 law,  permitting  the  defendant  to withdraw his or her guilty plea and
 dismissing the indictment; or (b) requiring the defendant to  undergo  a
 period  of interim probation supervision and, upon successful completion
 of the interim probation supervision term, notwithstanding the provision
 of any other law, permitting the defendant to withdraw his or her guilty
 plea, enter a guilty plea to a misdemeanor offense  and  sentencing  the
 defendant  as promised in the plea agreement, which may include a period
 of probation supervision pursuant to section 65.00 of the penal law;  or
 (c)  allowing  the  defendant  to  withdraw  his  or her guilty plea and
 dismissing the indictment.
   11. Nothing in this article  shall  be  construed  as  restricting  or
 prohibiting  courts or district attorneys from using other lawful proce-
 dures  or  models  for  placing  appropriate  persons  into  alcohol  or
 substance [abuse] USE treatment.
   § 4. This act shall take effect immediately; provided, that the amend-
 ments to the opening paragraph of subdivision 1 of section 216.00 of the
 criminal  procedure law made by section one of this act shall be subject
 to the expiration and reversion of such paragraph pursuant to section 12
 of chapter 90 of the laws of 2014, as amended, when upon such  date  the
 provisions of section two of this act shall take effect.
 
                                  PART WW
 
   Section  1. The executive law is amended by adding a new section 837-t
 to read as follows:
   § 837-T. ETHNIC AND RACIAL PROFILING. 1.  FOR  THE  PURPOSES  OF  THIS
 SECTION:
   (A)  "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE STATE
 OR A UNIT OF LOCAL GOVERNMENT ENGAGED IN THE PREVENTION,  DETECTION,  OR
 INVESTIGATION OF VIOLATIONS OF CRIMINAL LAW.

 A. 9505--C                         148
 
   (B) "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER,
 AS  DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW, EMPLOYED BY A LAW ENFORCEMENT AGENCY.
   (C)  "RACIAL OR ETHNIC PROFILING" MEANS THE PRACTICE OF A LAW ENFORCE-
 MENT AGENT OR AGENCY, RELYING, TO ANY DEGREE,  ON  ACTUAL  OR  PERCEIVED
 RACE,  COLOR,  ETHNICITY, NATIONAL ORIGIN OR RELIGION IN SELECTING WHICH
 INDIVIDUAL OR LOCATION TO SUBJECT TO ROUTINE OR SPONTANEOUS INVESTIGATO-
 RY ACTIVITIES OR IN  DECIDING  UPON  THE  SCOPE  AND  SUBSTANCE  OF  LAW
 ENFORCEMENT  ACTIVITY  FOLLOWING  THE  INITIAL  INVESTIGATORY PROCEDURE,
 EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT TO  THE  LOCALITY
 AND  TIMEFRAME,  THAT LINKS A SPECIFIC PERSON OR LOCATION WITH A PARTIC-
 ULAR CHARACTERISTIC DESCRIBED IN THIS PARAGRAPH TO AN IDENTIFIED  CRIMI-
 NAL INCIDENT OR SCHEME.
   (D)  "ROUTINE  OR  SPONTANEOUS  INVESTIGATORY  ACTIVITIES"  MEANS  THE
 FOLLOWING ACTIVITIES BY A LAW ENFORCEMENT AGENT:
   (I) INTERVIEWS;
   (II) TRAFFIC STOPS;
   (III) PEDESTRIAN STOPS;
   (IV) FRISKS AND OTHER TYPES OF BODY SEARCHES;
   (V) CONSENSUAL OR  NONCONSENSUAL  SEARCHES  OF  PERSONS,  PROPERTY  OR
 POSSESSIONS (INCLUDING VEHICLES) OF INDIVIDUALS;
   (VI) DATA COLLECTION AND ANALYSIS, ASSESSMENTS AND INVESTIGATIONS; AND
   (VII) INSPECTIONS AND INTERVIEWS.
   2.  EVERY  LAW  ENFORCEMENT  AGENCY  AND EVERY LAW ENFORCEMENT OFFICER
 SHALL BE PROHIBITED FROM ENGAGING IN RACIAL OR ETHNIC PROFILING.
   3. EVERY LAW ENFORCEMENT AGENCY SHALL PROMULGATE AND ADOPT  A  WRITTEN
 POLICY  WHICH  PROHIBITS  RACIAL  OR ETHNIC PROFILING. IN ADDITION, EACH
 SUCH AGENCY SHALL PROMULGATE AND ADOPT PROCEDURES FOR THE REVIEW AND THE
 TAKING OF CORRECTIVE ACTION WITH RESPECT TO  COMPLAINTS  BY  INDIVIDUALS
 WHO  ALLEGE  THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC PROFIL-
 ING. A COPY OF EACH SUCH COMPLAINT RECEIVED PURSUANT TO THIS SECTION AND
 WRITTEN NOTIFICATION OF THE REVIEW AND  DISPOSITION  OF  SUCH  COMPLAINT
 SHALL BE PROMPTLY PROVIDED BY SUCH AGENCY TO THE DIVISION.
   4.    EACH LAW ENFORCEMENT AGENCY SHALL, USING A FORM TO BE DETERMINED
 BY THE DIVISION,  RECORD  AND  RETAIN  THE  FOLLOWING  INFORMATION  WITH
 RESPECT TO LAW ENFORCEMENT OFFICERS EMPLOYED BY SUCH AGENCY:
   (A)  THE NUMBER OF PERSONS STOPPED AS A RESULT OF A MOTOR VEHICLE STOP
 FOR TRAFFIC VIOLATIONS AND THE NUMBER OF PERSONS STOPPED AS A RESULT  OF
 A  ROUTINE  OR  SPONTANEOUS  LAW ENFORCEMENT ACTIVITY AS DEFINED IN THIS
 SECTION;
   (B) THE CHARACTERISTICS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN  OR
 RELIGION  OF EACH SUCH PERSON, PROVIDED THE IDENTIFICATION OF SUCH CHAR-
 ACTERISTICS SHALL BE BASED ON THE  OBSERVATION  AND  PERCEPTION  OF  THE
 OFFICER RESPONSIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT
 BE REQUIRED TO BE PROVIDED BY THE PERSON STOPPED;
   (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
 MOTOR VEHICLE;
   (D)  THE  NATURE OF THE ALLEGED VIOLATION THAT RESULTED IN THE STOP OR
 THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING STOPPED;
   (E) WHETHER A PAT DOWN OR FRISK WAS CONDUCTED AND, IF SO,  THE  RESULT
 OF THE PAT DOWN OR FRISK;
   (F)  WHETHER  A  SEARCH  WAS  CONDUCTED  AND, IF SO, THE RESULT OF THE
 SEARCH;
   (G) IF A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A  PERSON,  A
 PERSON'S PROPERTY, AND/OR A PERSON'S VEHICLE, AND WHETHER THE SEARCH WAS
 CONDUCTED  PURSUANT  TO CONSENT AND IF NOT, THE BASIS FOR CONDUCTING THE

 A. 9505--C                         149
 
 SEARCH INCLUDING  ANY  ALLEGED  CRIMINAL  BEHAVIOR  THAT  JUSTIFIED  THE
 SEARCH;
   (H) WHETHER AN INVENTORY SEARCH OF SUCH PERSON'S IMPOUNDED VEHICLE WAS
 CONDUCTED;
   (I) WHETHER A WARNING OR CITATION WAS ISSUED;
   (J) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE OR CHARGES;
   (K) THE APPROXIMATE DURATION OF THE STOP; AND
   (L) THE TIME AND LOCATION OF THE STOP.
   5.  EVERY  LAW  ENFORCEMENT  AGENCY  SHALL COMPILE THE INFORMATION SET
 FORTH IN SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR  INTO  A
 REPORT TO THE DIVISION. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY
 THE  DIVISION.  THE  REPORT  SHALL BE SUBMITTED TO THE DIVISION NO LATER
 THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR.
   6.  THE DIVISION, IN CONSULTATION WITH  THE  ATTORNEY  GENERAL,  SHALL
 DEVELOP AND PROMULGATE:
   (A)  A  FORM  IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY LAW
 ENFORCEMENT OFFICERS TO RECORD THE  INFORMATION  LISTED  IN  SUBDIVISION
 FOUR OF THIS SECTION; AND
   (B)  A  FORM  TO  BE USED TO REPORT COMPLAINTS PURSUANT TO SUBDIVISION
 THREE OF  THIS  SECTION  BY  INDIVIDUALS  WHO  BELIEVE  THEY  HAVE  BEEN
 SUBJECTED TO RACIAL OR ETHNIC PROFILING.
   7.  EVERY  LAW ENFORCEMENT AGENCY SHALL PROMPTLY MAKE AVAILABLE TO THE
 ATTORNEY GENERAL, UPON DEMAND AND NOTICE, THE DOCUMENTS REQUIRED  TO  BE
 PRODUCED  AND  PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR AND FIVE
 OF THIS SECTION.
   8. EVERY LAW ENFORCEMENT AGENCY  SHALL  FURNISH  ALL  DATA/INFORMATION
 COLLECTED  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION TO THE DIVISION.
 THE DIVISION SHALL DEVELOP AND IMPLEMENT A PLAN FOR A COMPUTERIZED  DATA
 SYSTEM  FOR  PUBLIC  VIEWING  OF  SUCH  DATA AND SHALL PUBLISH AN ANNUAL
 REPORT ON DATA COLLECTED FOR THE  GOVERNOR,  THE  LEGISLATURE,  AND  THE
 PUBLIC  ON  LAW ENFORCEMENT STOPS. INFORMATION RELEASED SHALL NOT REVEAL
 THE IDENTITY OF ANY INDIVIDUAL.
   9. THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF  OF  THE  PEOPLE
 FOR  INJUNCTIVE  RELIEF  AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY
 THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING
 IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD
 COSTS AND REASONABLE ATTORNEY FEES TO THE ATTORNEY GENERAL WHO  PREVAILS
 IN SUCH AN ACTION.
   10.  IN  ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVISION
 NINE OF THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF  AN  ACT
 OR  ACTS  OF  RACIAL PROFILING MAY BRING AN ACTION FOR INJUNCTIVE RELIEF
 AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY THAT IS  ENGAGED  IN  OR
 HAS  ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING.  THE COURT MAY AWARD
 COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS  IN  SUCH
 AN ACTION.
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO-
 GATING  ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO HAS
 BEEN SUBJECT TO RACIAL OR ETHNIC PROFILING  MAY  HAVE  PURSUANT  TO  ANY
 OTHER PROVISION OF LAW.
   § 2.  This act shall take effect immediately; provided that:
   1.  the  provisions of subdivision 4 of section 837-t of the executive
 law as added by section one of this act shall take effect on the nineti-
 eth day after it shall have become a law; and
   2. the provisions of subdivision 6 of section 837-t of  the  executive
 law  as added by section one of this act shall take effect on the sixti-
 eth day after it shall have become a law.

 A. 9505--C                         150
 
                                  PART XX
 
   Section  1.    Paragraph (d) of subdivision 3 of section 190.25 of the
 criminal procedure law is amended and a new paragraph (a-1) is added  to
 read as follows:
   (A-1) A JUDGE OR JUSTICE OF THE SUPERIOR COURT;
   (d)  An  interpreter. Upon request of the grand jury OR THE COURT, the
 prosecutor must provide an interpreter to interpret the testimony of any
 witness who does not speak the English language well enough to be readi-
 ly understood. Such interpreter must, if he OR SHE  has  not  previously
 taken  the  constitutional oath of office, first take an oath before the
 grand jury that he OR SHE will faithfully interpret the testimony of the
 witness and that he OR SHE will keep  secret  all  matters  before  such
 grand jury within his OR HER knowledge;
   §  2. Subdivision 4 of section 190.25 of the criminal procedure law is
 amended by adding six new paragraphs (c), (d), (e), (f), (g) and (h)  to
 read as follows:
   (C)  IN  ADDITION TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, WHEN,
 FOLLOWING SUBMISSION TO A GRAND JURY OF A CRIMINAL  CHARGE  OR  CHARGES,
 THE  GRAND  JURY DISMISSES ALL CHARGES PRESENTED OR DIRECTS THE DISTRICT
 ATTORNEY TO FILE IN A LOCAL CRIMINAL COURT  A  PROSECUTOR'S  INFORMATION
 CHARGING  AN OFFENSE OTHER THAN A FELONY, AS PROVIDED IN SUBDIVISION ONE
 OF SECTION 190.70 OF THIS ARTICLE, AN APPLICATION MAY  BE  MADE  TO  THE
 SUPERIOR  COURT FOR DISCLOSURE OF THE FOLLOWING MATERIAL RELATING TO THE
 PROCEEDINGS BEFORE SUCH GRAND JURY:
   (I) THE CRIMINAL CHARGE OR CHARGES SUBMITTED;
   (II) THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY;
   (III) THE TESTIMONY OF ALL PUBLIC SERVANTS WHO TESTIFIED IN  AN  OFFI-
 CIAL  CAPACITY  BEFORE  THE  GRAND  JURY AND OF ALL PERSONS WHO PROVIDED
 EXPERT TESTIMONY; AND
   (IV) THE TESTIMONY OF ALL OTHER PERSONS WHO TESTIFIED BEFORE THE GRAND
 JURY, REDACTED AS NECESSARY TO PREVENT DISCOVERY OF THEIR NAMES AND SUCH
 OTHER PERSONAL DATA OR INFORMATION THAT MAY REVEAL  OR  HELP  TO  REVEAL
 THEIR IDENTITIES.
   (D) THE APPLICATION SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION MAY
 BE  MADE BY ANY PERSON, MUST BE IN WRITING AND, EXCEPT WHERE MADE BY THE
 PEOPLE, MUST BE UPON NOTICE TO THE PEOPLE. THE  COURT  SHALL  DIRECT  OR
 PROVIDE  NOTICE  TO  ANY  OTHER APPROPRIATE PERSON OR AGENCY. WHERE MORE
 THAN ONE APPLICATION IS MADE HEREUNDER IN RELATION TO SUCH  A  DISMISSAL
 OR  DIRECTION, THE COURT MAY CONSOLIDATE SUCH APPLICATIONS AND DETERMINE
 THEM TOGETHER. WHEN NO APPLICATION HEREUNDER IS MADE, THE SUPERIOR COURT
 MAY ORDER DISCLOSURE ON ITS OWN MOTION AS PROVIDED IN PARAGRAPH  (E)  OF
 THIS  SUBDIVISION  AT  ANY  TIME  FOLLOWING  NOTICE TO THE PEOPLE AND AN
 OPPORTUNITY TO BE HEARD AND REASONABLE EFFORTS TO NOTIFY AND PROVIDE  AN
 OPPORTUNITY TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR AGENCY.
   (E)  UPON AN APPLICATION AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVI-
 SION OR ON THE COURT'S OWN MOTION, THE COURT,  AFTER  PROVIDING  PERSONS
 GIVEN NOTICE AN OPPORTUNITY TO BE HEARD, SHALL DETERMINE WHETHER:
   (I) A SIGNIFICANT NUMBER OF MEMBERS OF THE GENERAL PUBLIC IN THE COUN-
 TY IN WHICH THE GRAND JURY WAS DRAWN AND IMPANELED ARE LIKELY AWARE THAT
 A  CRIMINAL  INVESTIGATION  HAD  BEEN  CONDUCTED  IN CONNECTION WITH THE
 SUBJECT MATTER OF THE GRAND JURY PROCEEDING; AND
   (II) A SIGNIFICANT NUMBER OF MEMBERS OF THE  GENERAL  PUBLIC  IN  SUCH
 COUNTY  ARE LIKELY AWARE OF THE IDENTITY OF THE SUBJECT AGAINST WHOM THE
 CRIMINAL CHARGE SPECIFIED IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION  WAS

 A. 9505--C                         151
 
 SUBMITTED TO A GRAND JURY, OR SUCH SUBJECT HAS CONSENTED TO SUCH DISCLO-
 SURE; AND
   (III) THERE IS SIGNIFICANT PUBLIC INTEREST IN DISCLOSURE.
   WHERE THE COURT IS SATISFIED THAT ALL THREE OF THESE FACTORS ARE PRES-
 ENT,  AND  EXCEPT  AS PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVISION, THE
 COURT SHALL DIRECT THE DISTRICT ATTORNEY TO PROMPTLY DISCLOSE THE  ITEMS
 SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (F)  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS SUBDIVISION, ON
 APPLICATION OF THE DISTRICT ATTORNEY OR ANY INTERESTED PERSON, OR ON ITS
 OWN MOTION, THE COURT SHALL LIMIT DISCLOSURE OF THE ITEMS  SPECIFIED  IN
 PARAGRAPH  (C)  OF  THIS  SUBDIVISION, IN WHOLE OR PART, WHERE THE COURT
 DETERMINES THERE IS A REASONABLE LIKELIHOOD  THAT  SUCH  DISCLOSURE  MAY
 LEAD TO DISCOVERY OF THE IDENTITY OF A WITNESS WHO IS NOT A PUBLIC SERV-
 ANT OR EXPERT WITNESS, IMPERIL THE HEALTH OR SAFETY OF A GRAND JUROR WHO
 PARTICIPATED  IN  THE  PROCEEDING  OR  A WITNESS WHO APPEARED BEFORE THE
 GRAND JURY, JEOPARDIZE AN IDENTIFIED CURRENT OR FUTURE CRIMINAL INVESTI-
 GATION, CREATE A SPECIFIC THREAT TO PUBLIC SAFETY, OR DESPITE THE INTER-
 ESTS REFLECTED BY THIS SUBDIVISION  IS  CONTRARY  TO  THE  INTERESTS  OF
 JUSTICE.
   (G)  WHERE A COURT DETERMINES NOT TO DIRECT DISCLOSURE, IN WHOLE OR IN
 PART, PURSUANT TO THIS SUBDIVISION, IT SHALL DO SO PROMPTLY IN A WRITTEN
 ORDER THAT SHALL EXPLAIN WITH SPECIFICITY, TO  THE  EXTENT  PRACTICABLE,
 THE BASIS FOR ITS DETERMINATION.
   (H)  NOTHING IN THIS PARAGRAPH OR PARAGRAPHS (C), (D), (E), (F) OR (G)
 OF THIS SUBDIVISION SHALL BE INTERPRETED AS LIMITING OR RESTRICTING  ANY
 BROADER  RIGHT  OF  ACCESS  TO GRAND JURY MATERIALS UNDER ANY OTHER LAW,
 COMMON LAW OR COURT PRECEDENT.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART YY
 
   Section  1.  The executive law is amended by adding a new section 70-b
 to read as follows:
   § 70-B. OFFICE OF SPECIAL INVESTIGATION.   1. THERE  SHALL  BE  ESTAB-
 LISHED  WITHIN  THE DEPARTMENT OF LAW AN OFFICE OF SPECIAL INVESTIGATION
 WHICH SHALL INVESTIGATE AND, IF WARRANTED, PROSECUTE ANY ALLEGED  CRIMI-
 NAL OFFENSE OR OFFENSES COMMITTED BY A PERSON WHO IS 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, CONCERNING THE DEATH,  OR
 THE  INVESTIGATION OF THE DEATH, OF ANY PERSON WHERE SUCH DEATH RESULTED
 FROM OR POTENTIALLY RESULTED FROM ANY ENCOUNTER WITH SUCH POLICE OFFICER
 OR PEACE OFFICER, WHETHER OR NOT SUCH PERSON WAS IN CUSTODY. THE  OFFICE
 SHALL HAVE THE POWERS AND DUTIES SPECIFIED IN SUBDIVISIONS TWO AND EIGHT
 OF SECTION SIXTY-THREE OF THIS ARTICLE FOR PURPOSES OF THIS SECTION, AND
 SHALL  POSSESS  AND  EXERCISE  ALL THE PROSECUTORIAL POWERS NECESSARY TO
 INVESTIGATE AND, IF WARRANTED, PROSECUTE SUCH OFFENSES, PROVIDED, HOWEV-
 ER, THAT APPROVAL, DIRECTION OR  REQUIREMENT  OF  THE  GOVERNOR  AS  MAY
 OTHERWISE  BE  REQUIRED  BY SUCH SUBDIVISIONS SHALL NOT BE REQUIRED. THE
 JURISDICTION OF THE OFFICE OF SPECIAL INVESTIGATION SHALL  DISPLACE  AND
 SUPERSEDE  IN  ALL  WAYS  THE  AUTHORITY  AND JURISDICTION OF THE COUNTY
 DISTRICT  ATTORNEY  FOR  THE  INVESTIGATION  AND  PROSECUTION  OF   SUCH
 OFFENSES.  IN  ANY  INVESTIGATION  AND PROSECUTION CONDUCTED PURSUANT TO
 THIS SECTION, THE DISTRICT ATTORNEY SHALL ONLY EXERCISE SUCH POWERS  AND
 PERFORM SUCH DUTIES AS DESIGNATED TO HIM OR HER BY THE OFFICE OF SPECIAL

 A. 9505--C                         152
 
 INVESTIGATION. THE OFFICE OF SPECIAL INVESTIGATION WITHIN THE DEPARTMENT
 OF  LAW  SHALL BE HEADED BY THE DEPUTY ATTORNEY GENERAL APPOINTED BY THE
 ATTORNEY GENERAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   2.  (A)  IN  ANY  INVESTIGATION AND PROSECUTION UNDERTAKEN PURSUANT TO
 THIS SECTION, THE OFFICE OF SPECIAL INVESTIGATION SHALL CONDUCT A  FULL,
 REASONED,  AND  INDEPENDENT INVESTIGATION INCLUDING, BUT NOT LIMITED TO:
 (I) GATHERING AND ANALYZING EVIDENCE;  (II)  CONDUCTING  WITNESS  INTER-
 VIEWS; AND (III) REVIEWING AND COMMISSIONING ANY NECESSARY INVESTIGATIVE
 AND SCIENTIFIC REPORTS, AND REVIEWING AUDIO AND VIDEO RECORDINGS.
   (B)  IN  ALL  MATTERS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
 DEPUTY ATTORNEY GENERAL, APPOINTED PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION, MAY APPEAR IN PERSON OR BY ANY ASSISTANT ATTORNEY GENERAL HE OR
 SHE MAY DESIGNATE BEFORE ANY COURT OR GRAND JURY IN THE STATE AND  EXER-
 CISE  ALL  OF  THE  POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO
 SUCH ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD  OTHERWISE
 BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM.
   3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE ATTORNEY GENERAL
 SHALL, WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY, FIX HIS OR
 HER COMPENSATION, AND AT HIS OR HER PLEASURE REMOVE, A  DEPUTY  ATTORNEY
 GENERAL  IN  CHARGE OF THE OFFICE OF SPECIAL INVESTIGATION. THE ATTORNEY
 GENERAL MAY, AND WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND  EMPLOY,
 AND AT PLEASURE REMOVE, SUCH ASSISTANT DEPUTIES, INVESTIGATORS AND OTHER
 PERSONS  AS  HE  OR  SHE DEEMS NECESSARY, DETERMINE THEIR DUTIES AND FIX
 THEIR COMPENSATION.
   4. (A) WHERE AN INVESTIGATION OR PROSECUTION OF THE TYPE DESCRIBED  IN
 SUBDIVISION  ONE  OF THIS SECTION INVOLVES ACTS THAT APPEAR TO HAVE BEEN
 ENGAGED IN BY A POLICE OFFICER OR PEACE OFFICER EMPLOYED BY THE STATE OF
 NEW YORK, THE ATTORNEY GENERAL SHALL PROMPTLY APPLY TO A SUPERIOR  COURT
 IN  THE COUNTY IN WHICH SUCH ACTS ALLEGEDLY OCCURRED FOR THE APPOINTMENT
 OF AN INDEPENDENT COUNSEL TO INVESTIGATE AND POTENTIALLY PROSECUTE  SUCH
 MATTER.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW, SUCH COURT
 SHALL THEREUPON APPOINT A QUALIFIED AND  EXPERIENCED  ATTORNEY  AT  LAW,
 CAPABLE  OF INVESTIGATING AND PROSECUTING SUCH MATTER, NOT EMPLOYED AS A
 DISTRICT ATTORNEY, ASSISTANT DISTRICT  ATTORNEY  OR  ASSISTANT  ATTORNEY
 GENERAL,  AND  HAVING NO PERSONAL OR PROFESSIONAL CONFLICTS OF INTEREST,
 TO ACT AS AN INDEPENDENT COUNSEL WITH  RESPECT  TO  SUCH  MATTER,  AT  A
 REASONABLE AND APPROPRIATE HOURLY RATE TO BE SET BY SUCH COURT.
   (B)  THE ATTORNEY GENERAL SHALL PROMPTLY NOTIFY THE STATE COMPTROLLER,
 THE COURT AND THE  PUBLIC  WHEN  SUCH  APPOINTMENT  HAS  BEEN  MADE  AND
 ACCEPTED  BY  SUCH ATTORNEY.  REASONABLE FEES FOR ATTORNEYS AND INVESTI-
 GATION AND LITIGATION EXPENSES SHALL  BE  PAID  BY  THE  STATE  TO  SUCH
 PRIVATE  COUNSEL  FROM  TIME TO TIME DURING THE PENDENCY OF THE INVESTI-
 GATION AND ANY PROSECUTION AND APPEAL, UPON THE AUDIT AND WARRANT OF THE
 COMPTROLLER. ANY DISPUTE WITH RESPECT TO THE PAYMENT OF  SUCH  FEES  AND
 EXPENSES  SHALL  BE  RESOLVED  BY  THE  COURT UPON MOTION OR BY WAY OF A
 SPECIAL PROCEEDING.
   (C) IN ALL MATTERS PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,  THE
 INDEPENDENT COUNSEL APPOINTED PURSUANT TO THIS SUBDIVISION SHALL POSSESS
 AND  EXERCISE  THE  POWERS  AND DUTIES OF THE OFFICE OF SPECIAL INVESTI-
 GATION PURSUANT TO SUBDIVISIONS ONE AND TWO OF  THIS  SECTION,  AND  MAY
 APPEAR  IN  PERSON OR BY ANY ASSISTANT INDEPENDENT COUNSEL HE OR SHE MAY
 DESIGNATE BEFORE ANY COURT OR GRAND JURY IN THE STATE AND  EXERCISE  ALL
 OF THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS
 OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED
 OR REQUIRED TO EXERCISE OR PERFORM.

 A. 9505--C                         153
 
   5. (A) WITH RESPECT TO ANY INVESTIGATION PURSUANT TO THIS SECTION, THE
 OFFICE  OF SPECIAL INVESTIGATION OR THE INDEPENDENT COUNSEL, AS THE CASE
 MAY BE, SHALL, AS A PART OF THE DUTIES UNDER THIS SECTION,  PREPARE  AND
 PUBLICLY  RELEASE  A  REPORT ON ALL CASES WHERE: (I) THE OFFICE OR INDE-
 PENDENT  COUNSEL,  AS THE CASE MAY BE, DECLINES TO PRESENT EVIDENCE TO A
 GRAND JURY REGARDING THE DEATH OF A PERSON AS DESCRIBED  IN  SUBDIVISION
 ONE  OF  THIS  SECTION;  OR  (II)  THE  GRAND JURY DECLINES TO RETURN AN
 INDICTMENT ON ANY FELONY CHARGES.
   (B) THE REPORT SHALL INCLUDE: (I) WITH RESPECT TO SUBPARAGRAPH (I)  OF
 PARAGRAPH  (A) OF THIS SUBDIVISION, AN EXPLANATION AS TO WHY SUCH OFFICE
 OR INDEPENDENT COUNSEL DECLINED TO PRESENT EVIDENCE  TO  A  GRAND  JURY;
 (II) WITH RESPECT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION,  A REPORT OF THE OUTCOME OF THE GRAND JURY PROCEEDINGS AND, TO THE
 GREATEST EXTENT POSSIBLE, AN EXPLANATION OF THAT OUTCOME; AND (III)  ANY
 RECOMMENDATIONS  FOR SYSTEMIC OR OTHER REFORMS ARISING FROM THE INVESTI-
 GATION.
   6. SIX MONTHS AFTER THIS SUBDIVISION TAKES  EFFECT,  AND  ANNUALLY  ON
 SUCH  DATE THEREAFTER, THE OFFICE OF SPECIAL INVESTIGATION SHALL ISSUE A
 REPORT, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC AND  POSTED  ON  THE
 WEBSITE OF THE DEPARTMENT OF LAW, WHICH SHALL PROVIDE INFORMATION ON THE
 MATTERS   INVESTIGATED  BY  SUCH  OFFICE,  AND  BY  INDEPENDENT  COUNSEL
 APPOINTED PURSUANT TO SUBDIVISION FOUR  OF  THIS  SECTION,  DURING  SUCH
 REPORTING  PERIOD.  THE  INFORMATION PRESENTED SHALL INCLUDE, BUT NOT BE
 LIMITED TO: THE COUNTY AND GEOGRAPHIC LOCATION OF EACH  MATTER  INVESTI-
 GATED;  A DESCRIPTION OF THE CIRCUMSTANCES OF EACH CASE; RACIAL, ETHNIC,
 AGE, GENDER AND OTHER DEMOGRAPHIC  INFORMATION  CONCERNING  THE  PERSONS
 INVOLVED  OR  ALLEGED  TO  BE INVOLVED; INFORMATION CONCERNING WHETHER A
 CRIMINAL CHARGE OR CHARGES WERE FILED AGAINST  ANY  PERSON  INVOLVED  OR
 ALLEGED  TO  BE INVOLVED IN SUCH MATTER; THE NATURE OF SUCH CHARGES; AND
 THE STATUS OR, WHERE APPLICABLE, OUTCOME WITH RESPECT TO ALL SUCH CRIMI-
 NAL CHARGES. SUCH REPORT SHALL  ALSO  INCLUDE  RECOMMENDATIONS  FOR  ANY
 SYSTEMIC  OR  OTHER  REFORMS  RECOMMENDED  AS  A RESULT OF SUCH INVESTI-
 GATIONS.
   § 2. Subdivision 6 of section 190.25 of the criminal procedure law  is
 amended to read as follows:
   6.  (A)  The  legal  advisors  of the grand jury are the court and the
 district attorney, and the grand jury may  not  seek  or  receive  legal
 advice from any other source.  Where necessary or appropriate, the court
 or the district attorney, or both, must instruct the grand jury concern-
 ing the law with respect to its duties or any matter before it, and such
 instructions must be recorded in the minutes.
   (B)  NOTWITHSTANDING  PARAGRAPH  (A) OF THIS SUBDIVISION, OR ANY OTHER
 LAW TO THE CONTRARY, IN ANY PROCEEDING BEFORE A GRAND JURY THAT INVOLVES
 THE SUBMISSION OF A CRIMINAL CHARGE  OR  CHARGES  AGAINST  A  PERSON  OR
 PERSONS  FOR AN ACT OR ACTS THAT OCCURRED AT A TIME WHEN SUCH PERSON WAS
 A POLICE OFFICER OR PEACE OFFICER, AND THAT CONCERN  THE  DEATH  OF  ANY
 PERSON  THAT  RESULTED  FROM  OR POTENTIALLY RESULTED FROM ANY ENCOUNTER
 WITH SUCH POLICE OFFICER OR PEACE OFFICER, THE COURT, AFTER CONSULTATION
 ON THE RECORD WITH THE PROSECUTOR, SHALL INSTRUCT THE GRAND JURY  AS  TO
 THE CRIMINAL CHARGE OR CHARGES TO BE SUBMITTED AND THE LAW APPLICABLE TO
 SUCH CHARGES AND TO THE MATTERS BEFORE SUCH GRAND JURY.  THEREAFTER, ANY
 QUESTIONS,  REQUESTS FOR EXHIBITS, REQUESTS FOR READBACK OF TESTIMONY OR
 OTHER REQUESTS FROM THE GRAND JURY OR A MEMBER THEREOF SHALL BE PROVIDED
 TO THE COURT, AND ADDRESSED BY  THE  COURT  AFTER  CONSULTATION  ON  THE
 RECORD WITH THE PROSECUTOR.

 A. 9505--C                         154
 
   (C)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
 SECTION, OR ANY OTHER LAW TO THE CONTRARY, FOLLOWING FINAL ACTION BY THE
 GRAND JURY ON THE CHARGE OR CHARGES SUBMITTED PURSUANT TO PARAGRAPH  (B)
 OF  THIS  SUBDIVISION,  THE COURT SHALL MAKE SUCH LEGAL INSTRUCTIONS AND
 CHARGES SUBMITTED TO SUCH GRAND JURY AVAILABLE TO THE PUBLIC ON REQUEST,
 PROVIDED  THAT  THE  NAMES  OF  WITNESSES AND ANY INFORMATION THAT WOULD
 IDENTIFY SUCH WITNESSES INCLUDED IN SUCH LEGAL INSTRUCTIONS  OR  CHARGES
 SHALL BE REDACTED WHEN THE COURT DETERMINES, IN A WRITTEN ORDER RELEASED
 TO  THE  PUBLIC, AND ISSUED AFTER NOTICE TO THE PEOPLE AND THE REQUESTER
 AND AN OPPORTUNITY TO BE HEARD AND  REASONABLE  EFFORTS  TO  NOTIFY  AND
 PROVIDE  AN  OPPORTUNITY  TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR
 AGENCY, THAT THERE IS A REASONABLE LIKELIHOOD  THAT  PUBLIC  RELEASE  OF
 SUCH INFORMATION WOULD ENDANGER ANY INDIVIDUAL.
   (D) NOTHING IN THIS PARAGRAPH OR PARAGRAPH (B) OR (C) OF THIS SUBDIVI-
 SION  SHALL  BE INTERPRETED AS LIMITING OR RESTRICTING ANY BROADER RIGHT
 OF ACCESS TO GRAND JURY MATERIALS UNDER ANY OTHER  LAW,  COMMON  LAW  OR
 COURT PRECEDENT.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART ZZ
 
   Section 1. Subparagraph (viii) of paragraph a  of  subdivision  10  of
 section  54 of the state finance law is amended by adding a new clause 3
 to read as follows:
   (3) FOR THE STATE FISCAL YEAR COMMENCING  APRIL  FIRST,  TWO  THOUSAND
 EIGHTEEN AND IN EACH STATE FISCAL YEAR THEREAFTER, THE AMOUNT OF MISCEL-
 LANEOUS  FINANCIAL ASSISTANCE FROM THE LOCAL ASSISTANCE ACCOUNT RECEIVED
 BY A VILLAGE IN THE FISCAL YEAR  BEGINNING  APRIL  FIRST,  TWO  THOUSAND
 SEVENTEEN.
   § 2. This act shall take effect immediately.
 
                                 PART AAA
 
   Section  1.  The  opening paragraph of subdivision 3 of section 5-a of
 the legislative law, as amended by section 1 of part S of chapter 57  of
 the laws of 2016, is amended to read as follows:
   Any member of the assembly serving in a special capacity in a position
 set  forth  in  the  following  schedule shall be paid the allowance set
 forth in such schedule only for the legislative term commencing  January
 first,  two thousand [seventeen] NINETEEN and terminating December thir-
 ty-first, two thousand [eighteen] TWENTY:
   § 2. Section 13 of chapter 141 of  the  laws  of  1994,  amending  the
 legislative  law and the state finance law relating to the operation and
 administration of the legislature, as amended by section 1 of part CC of
 chapter 55 of the laws of 2017, is amended to read as follows:
   § 13. This act shall take effect immediately and shall  be  deemed  to
 have  been  in full force and effect as of April 1, 1994, provided that,
 the provisions of section 5-a of  the  legislative  law  as  amended  by
 sections two and two-a of this act shall take effect on January 1, 1995,
 and provided further that, the provisions of article 5-A of the legisla-
 tive  law  as  added  by section eight of this act shall expire June 30,
 [2018] 2019 when upon such date the provisions of such article shall  be
 deemed  repealed;  and  provided further that section twelve of this act
 shall be deemed to have been in full force and effect on and after April
 10, 1994.

 A. 9505--C                         155
 
   § 3. This act shall take effect  immediately,  provided,  however,  if
 section  two  of  this  act  shall take effect on or after June 30, 2018
 section two of this act shall be deemed to have been in full  force  and
 effect on and after June 30, 2018.
 
                                 PART BBB
 
   Section 1. Paragraph (h) of subdivision 2 of section 1349 of the civil
 practice  law and rules, as added by chapter 655 of the laws of 1990, is
 amended to read as follows:
   (h) All moneys remaining after distributions  pursuant  to  paragraphs
 (a) through (g) of this subdivision shall be distributed as follows:
   (i)  [seventy-five]  SEVENTY percent of such moneys shall be deposited
 to a law enforcement purposes subaccount of  the  general  fund  of  the
 state  where  the  claiming agent is an agency of the state or the poli-
 tical subdivision or public authority of which the claiming agent  is  a
 part,  to  be used for law enforcement use in the investigation of penal
 law offenses;
   (ii) [the remaining twenty-five] TWENTY percent of such  moneys  shall
 be deposited to a prosecution services subaccount of the general fund of
 the  state  where  the claiming authority is the attorney general or the
 political subdivision of which the claiming authority is a part,  to  be
 used for the prosecution of penal law offenses;
   (III) THE REMAINING TEN PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A
 LAW  ENFORCEMENT  PURPOSES  SUBACCOUNT  OF THE GENERAL FUND OF THE STATE
 WHERE THE CLAIMING AGENT IS AN AGENCY OF  THE  STATE  OR  THE  POLITICAL
 SUBDIVISION  OR  PUBLIC AUTHORITY OF WHICH THE CLAIMING AGENT IS A PART,
 TO BE USED FOR LAW ENFORCEMENT ASSISTED DIVERSION PURPOSES.
   Where multiple claiming agents participated in the forfeiture  action,
 funds  available pursuant to subparagraph (i) of this paragraph shall be
 disbursed to the appropriate law  enforcement  purposes  subaccounts  in
 accordance  with the terms of a written agreement reflecting the partic-
 ipation of each claiming agent entered into by the participating  claim-
 ing agents.
   §  2.  Subdivision  3  of  section  97-w  of the state finance law, as
 amended by chapter 398 of the laws  of  2004,  is  amended  to  read  as
 follows:
   3.  Moneys  of  the  fund,  when  allocated, shall be available to the
 commissioner of the office of alcoholism and  substance  abuse  services
 and shall be used to provide support for (A) funded agencies approved by
 the  New  York  state office of alcoholism and substance abuse services,
 [and] (B) local school-based and community programs which provide chemi-
 cal dependence prevention and education services, AND (C)  LAW  ENFORCE-
 MENT  ASSISTED  DIVERSION  OF  INDIVIDUALS WITH SUBSTANCE USE DISORDERS.
 Consideration shall be given to innovative approaches to providing chem-
 ical dependence services.
   § 3. This act shall take effect immediately.
 
                                 PART CCC
 
   Section 1. Paragraph 4 of subsection (a) and subsection (b) of section
 6805 of the insurance law, as added by chapter 181 of the laws of  2012,
 are amended to read as follows:
   (4)  A  charitable  bail organization certificate shall be valid for a
 term of five years from issuance. At the time of application  for  every
 such  certificate,  [and  for every renewal thereof,] an applicant shall

 A. 9505--C                         156
 
 pay to the superintendent a sum of [one thousand] FIVE  HUNDRED  dollars
 payable  each term or fraction of a term, provided, however, that in his
 or her discretion, the superintendent may waive such fee.
   (b) A charitable bail organization shall:
   (1)  only  deposit  money  as bail in the amount of [two] TEN thousand
 dollars or less for a defendant charged with one or more  [misdemeanors]
 OFFENSES,  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL
 LAW, provided, however, that such  organization  shall  not  execute  as
 surety any bond for any defendant;
   (2) only deposit money as bail on behalf of a person who is financial-
 ly  unable  to  post  bail,  which may constitute a portion or the whole
 amount of such bail; AND
   (3) [only deposit money as bail in one county in this state. Provided,
 however, that a charitable bail organization whose  principal  place  of
 business is located within a city of a million or more may deposit money
 as bail in the five counties comprising such city; and
   (4)]  not  charge  a  premium  or receive compensation for acting as a
 charitable bail organization.
   § 2. This act shall take effect immediately; provided that the  amend-
 ments  to  subsection  (b)  of section 6805 of the insurance law made by
 section one of this act shall take effect on the ninetieth day after  it
 shall have become a law.
 
                                 PART DDD
 
   Section  1. The correction law is amended by adding a new article 24-A
 to read as follows:
                               ARTICLE 24-A
          MERIT TIME ALLOWANCE CREDITS AND CERTAIN ADMINISTRATIVE
           PRIVILEGES CREDITS FOR LOCAL CORRECTIONAL FACILITIES
 SECTION 810. DEFINITIONS.
         811. MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION.
         812. FORFEITURE OF MERIT TIME ALLOWANCE CREDIT.
         813. CERTAIN ADMINISTRATIVE PRIVILEGES  CREDITS  FOR  INELIGIBLE
                INMATES.
         814. RECORD KEEPING.
   §  810.  DEFINITIONS.   WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CREDIT" MEANS A REDUCTION OF TWENTY-FOUR HOURS IN  THE  AMOUNT  OF
 TIME  AN  INMATE  MUST  SERVE IN A CORRECTIONAL FACILITY ON THE INMATE'S
 SENTENCE UPON CONVICTION; AND
   2.  "ELIGIBLE INMATE" MEANS AN INMATE IN THE CUSTODY OF THE SHERIFF OF
 A LOCAL CORRECTIONAL FACILITY  WHO  IS  SERVING  ONE  OR  MORE  DEFINITE
 SENTENCES OF ONE YEAR OR LESS OR WHO IS DETAINED PENDING TRIAL, SENTENCE
 OR  OTHER  DISPOSITION  AND WHO PARTICIPATES IN THE MERIT TIME ALLOWANCE
 CREDIT PROGRAM ESTABLISHED UNDER THIS ARTICLE, PROVIDED THAT SUCH INMATE
 IS NOT CONVICTED ON THE INSTANT CHARGES OF AN A-1 FELONY OFFENSE,  OTHER
 THAN  AN A-1 FELONY OFFENSE DEFINED WITHIN ARTICLE TWO HUNDRED TWENTY OF
 THE PENAL LAW, A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION  70.02  OF
 THE PENAL LAW, MANSLAUGHTER IN THE SECOND DEGREE, VEHICULAR MANSLAUGHTER
 IN THE SECOND DEGREE, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE, CRIMI-
 NALLY  NEGLIGENT  HOMICIDE,  ANY  OFFENSE DEFINED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW, INCEST, ANY  OFFENSE  DEFINED  IN  ARTICLE  TWO
 HUNDRED  SIXTY-THREE  OF  THE  PENAL LAW, OR AGGRAVATED HARASSMENT OF AN
 EMPLOYEE BY AN INMATE.

 A. 9505--C                         157
 
   § 811. MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION.   1.  UPON
 SUCCESSFUL  PARTICIPATION,  INCLUDING  ACTIVE  INVOLVEMENT, SATISFACTORY
 ATTENDANCE AND  COMPLIANCE  WITH  PROGRAM  REQUIREMENTS,  AS  REASONABLY
 DETERMINED BY THE SHERIFF, IN AN EDUCATIONAL, VOCATIONAL, WORK, OR REHA-
 BILITATIVE  PROGRAM  APPROVED  FOR  CREDIT  BY  THE SHERIFF, AN ELIGIBLE
 INMATE SHALL ACCRUE CREDITS APPLIED TO HIS OR HER SENTENCE IN  THE  SAME
 MANNER  AS  JAIL  TIME  CREDIT  PURSUANT TO SUBDIVISION THREE OF SECTION
 70.30 OF THE PENAL LAW IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
   (I) ONE CREDIT SHALL ACCRUE FOR EVERY FOUR DAYS IN  WHICH  THE  INMATE
 SUCCESSFULLY  PARTICIPATES  IN THE PROGRAM IF THE INMATE'S HIGHEST CRIME
 OF CONVICTION FOR THE SENTENCE TO WHICH  THE  CREDIT  WILL  APPLY  IS  A
 VIOLATION OFFENSE;
   (II)  ONE  CREDIT SHALL ACCRUE FOR EVERY NINE DAYS IN WHICH THE INMATE
 SUCCESSFULLY PARTICIPATES  IN  THE  PROGRAM  IF  THE  HIGHEST  CRIME  OF
 CONVICTION  FOR  THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS A MISDE-
 MEANOR OFFENSE; AND
   (III) ONE CREDIT SHALL ACCRUE FOR EVERY  FIFTEEN  DAYS  IN  WHICH  THE
 INMATE  SUCCESSFULLY PARTICIPATES IN THE PROGRAM IF THE HIGHEST CRIME OF
 CONVICTION FOR THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS  A  FELONY
 OFFENSE.
   2.  ACCRUED CREDITS SHALL, IN ACCORDANCE WITH THIS SECTION, BE APPLIED
 AGAINST AN ELIGIBLE INMATE'S SENTENCE  OR,  IF  PRE-TRIAL,  AGAINST  THE
 SENTENCE  ULTIMATELY  IMPOSED, AND SHALL DIMINISH THE INMATE'S PERIOD OF
 IMPRISONMENT ACCORDING TO THE SCHEDULE SET FORTH IN SUBDIVISION  ONE  OF
 THIS  SECTION,  PROVIDED,  HOWEVER, THAT IF THE INMATE IS CONVICTED OF A
 CRIME THAT RENDERS HIM OR HER INELIGIBLE TO RECEIVE MERIT TIME ALLOWANCE
 CREDIT UNDER THIS ARTICLE, ANY SUCH CREDITS ACCRUED SHALL BE  CONSIDERED
 ADMINISTRATIVE  PRIVILEGES  CREDITS  PURSUANT  TO  SECTION EIGHT HUNDRED
 THIRTEEN OF THIS ARTICLE.
   3. IF AN ELIGIBLE INMATE ACCRUES CREDITS PURSUANT TO  PARAGRAPH  (III)
 OF  SUBDIVISION ONE OF THIS SECTION DURING A PERIOD OF PRE-TRIAL OR PRE-
 SENTENCE DETENTION FOR A FELONY OFFENSE, AND IS LATER CONVICTED  OF  AND
 SENTENCED  TO  A PERIOD OF IMPRISONMENT IN A STATE CORRECTIONAL FACILITY
 FOR SUCH A FELONY OFFENSE, THE CREDITS ACCRUED BY THE  INMATE  SHALL  BE
 APPLIED  BY  THE  DEPARTMENT  AS ADDITIONAL JAIL TIME CREDIT PURSUANT TO
 SUBDIVISION THREE OF SECTION 70.30 OF THE  PENAL  LAW  TO  THE  SENTENCE
 SERVED BY THE INMATE FOR SUCH FELONY OFFENSE.
   4.  AN  INMATE  WHO  IS  NOT ELIGIBLE TO PARTICIPATE IN THE MERIT TIME
 ALLOWANCE CREDIT  PROGRAM  ESTABLISHED  BY  THIS  ARTICLE  MAY,  IN  THE
 DISCRETION OF THE SHERIFF, NONETHELESS BE PERMITTED TO PARTICIPATE IN AN
 ADMINISTRATIVE  PRIVILEGES  CREDIT  PROGRAM  PURSUANT  TO  SECTION EIGHT
 HUNDRED THIRTEEN OF THIS ARTICLE.
   5. ALL PARTICIPATION BY AN INMATE IN THE MERIT TIME  ALLOWANCE  CREDIT
 PROGRAM  AND  ADMINISTRATIVE  PRIVILEGES  CREDIT  PROGRAM  IS VOLUNTARY.
 EXCEPT IN ADMINISTRATIVE PROCEEDINGS CONCERNING THE INMATE'S OPPORTUNITY
 TO PARTICIPATE IN, OR CONTINUE  TO  PARTICIPATE  IN,  SUCH  A  VOLUNTARY
 PROGRAM ADMINISTERED BY A CORRECTIONAL FACILITY, EVIDENCE OF AN INMATE'S
 FAILURE  TO  SUCCESSFULLY PARTICIPATE IN OR COMPLETE A MERIT TIME ALLOW-
 ANCE CREDIT PROGRAM OR ADMINISTRATIVE PRIVILEGES CREDIT PROGRAM,  PURSU-
 ANT  TO  THIS  ARTICLE,  SHALL  NOT  BE  ADMISSIBLE  AGAINST THE INMATE,
 PROVIDED, HOWEVER, THAT THE INMATE MAY  PRESENT  INFORMATION  CONCERNING
 SUCCESSFUL PARTICIPATION FOR THE PURPOSES OF MITIGATION, WHERE RELEVANT,
 IN  ANY  COURT  OR  PROCEEDING.  UPON  ADMISSION TO A LOCAL CORRECTIONAL
 FACILITY, EACH INMATE SHALL BE NOTIFIED BY THE SHERIFF, IN  WRITING,  OF
 THE  EXISTENCE,  CRITERIA AND RULES GOVERNING PARTICIPATION IN THE MERIT
 TIME ALLOWANCE CREDIT PROGRAM.

 A. 9505--C                         158
 
   § 812. FORFEITURE OF MERIT TIME ALLOWANCE CREDIT. 1.   ANY MERIT  TIME
 ALLOWANCE  CREDIT ACCRUED PURSUANT TO THE PROGRAM ESTABLISHED UNDER THIS
 ARTICLE MAY, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD,  BE  WITHHELD,
 FORFEITED  OR  CANCELLED IN WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION
 OF  INSTITUTIONAL  RULES  OR  FAILURE TO PARTICIPATE SUCCESSFULLY IN THE
 PROGRAM. THE SHERIFF SHALL NOTIFY THE INMATE PROMPTLY IN WRITING OF  THE
 REASONS FOR ANY SUCH DETERMINATION.
   2.  AN  INMATE  WHO  LOSES  A  MERIT TIME ALLOWANCE CREDIT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION IS ELIGIBLE FOR SUBSEQUENT PARTICIPATION
 IN A MERIT TIME ALLOWANCE CREDIT PROGRAM AT THE DISCRETION OF THE  SHER-
 IFF.
   §  813.  CERTAIN  ADMINISTRATIVE  PRIVILEGES  CREDITS  FOR  INELIGIBLE
 INMATES. 1. ANY INMATE NOT ELIGIBLE TO RECEIVE A  MERIT  TIME  ALLOWANCE
 CREDIT  PURSUANT  TO  THIS ARTICLE MAY NONETHELESS ACCRUE ADMINISTRATIVE
 PRIVILEGES CREDITS, IN A MANNER CONSISTENT WITH THE ACCRUAL SCHEDULE SET
 FORTH IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED ELEVEN OF  THIS  ARTI-
 CLE,  PROVIDED  THAT  SUCH  PRIVILEGES  CREDITS  SHALL ONLY APPLY TOWARD
 OBTAINING  CERTAIN  ADMINISTRATIVE  PRIVILEGES,  PURSUANT  TO  A  LAWFUL
 PROGRAM  ESTABLISHED  AND  ADMINISTERED BY THE SHERIFF, AT THE SHERIFF'S
 DISCRETION.   UPON ADMISSION TO  A  LOCAL  CORRECTIONAL  FACILITY,  EACH
 INMATE  SHALL  BE NOTIFIED BY THE SHERIFF, IN WRITING, OF THE EXISTENCE,
 CRITERIA AND RULES GOVERNING PARTICIPATION IN THE ADMINISTRATIVE  PRIVI-
 LEGES  CREDIT PROGRAM.   ELIGIBLE INMATES MAY ALSO RECEIVE SUCH ADMINIS-
 TRATIVE PRIVILEGES CREDITS.
   2. ADMINISTRATIVE PRIVILEGES CREDITS ACCRUED PURSUANT TO THIS  SECTION
 SHALL  BE  APPLIED, AT THE REQUEST OF THE INMATE AND WITH CONSENT OF THE
 SHERIFF, TOWARD PRIVILEGES NOT GENERALLY ACCORDED TO THE  GENERAL  POPU-
 LATION  OF INMATES AT THE LOCAL CORRECTIONAL FACILITY. THE RULES GOVERN-
 ING PARTICIPATION IN THE PROGRAM SHALL DESCRIBE IN DETAIL THE  TYPES  OF
 PRIVILEGES  TO WHICH SUCH CREDITS MAY BE APPLIED AND THE NUMBER OF CRED-
 ITS REQUIRED FOR EACH TYPE.
   § 814. RECORD KEEPING. A CONTEMPORANEOUS RECORD SHALL BE KEPT  BY  THE
 SHERIFF  OF  ALL  MERIT TIME ALLOWANCE CREDITS AND ADMINISTRATIVE PRIVI-
 LEGES CREDITS AN INMATE ACCRUES UNDER THIS ARTICLE. IN  ANY  CASE  WHERE
 THE  SHERIFF  HAS  THE  DUTY  TO DELIVER AN INMATE TO THE CUSTODY OF THE
 DEPARTMENT, OR A SHERIFF OR SIMILAR DEPARTMENT IN ANOTHER  JURISDICTION,
 WHETHER  UNDER  AN  ORDER  OF  SENTENCE AND COMMITMENT OR OTHERWISE, THE
 SHERIFF SHALL ALSO DELIVER TO THE STATE CORRECTIONAL  FACILITY,  SHERIFF
 OR  SIMILAR  DEPARTMENT  TO  WHICH  THE  INMATE IS DELIVERED, AND TO THE
 INMATE, A CERTIFIED RECORD OF MERIT TIME ALLOWANCE  CREDITS  ACCRUED  BY
 THE INMATE.
   §  2.  Subdivision  3 of section 70.30 of the penal law, as amended by
 chapter 3 of the laws of 1995, the opening paragraph as amended by chap-
 ter 1 of the laws of 1998, is amended to read as follows:
   3. Jail time. The term of a definite sentence, a determinate sentence,
 or the maximum term of an indeterminate sentence  imposed  on  a  person
 shall  be  credited with and diminished by the amount of time the person
 spent in custody prior to the commencement of such sentence as a  result
 of  the  charge that culminated in the sentence. In the case of an inde-
 terminate sentence, if the minimum period of imprisonment has been fixed
 by the court or by the board of parole, the credit shall also be applied
 against the minimum period. The credit herein provided shall  be  calcu-
 lated  from  the date custody under the charge commenced to the date the
 sentence commences and shall not  include  any  time  that  is  credited
 against  the  term or maximum term of any previously imposed sentence or
 period of post-release supervision to which the person is subject.   THE

 A. 9505--C                         159
 
 CREDIT  HEREIN  PROVIDED  SHALL  ALSO  INCLUDE ANY ADDITIONAL MERIT TIME
 ALLOWANCE CREDIT ACCRUED IN A LOCAL CORRECTIONAL  FACILITY  PURSUANT  TO
 ARTICLE TWENTY-FOUR-A OF THE CORRECTION LAW. Where the charge or charges
 culminate  in  more  than  one  sentence, the credit shall be applied as
 follows:
   (a) If the sentences run concurrently, the  credit  shall  be  applied
 against each such sentence;
   (b)  If  the  sentences run consecutively, the credit shall be applied
 against the aggregate term or aggregate maximum term  of  the  sentences
 and against the aggregate minimum period of imprisonment.
   In  any  case  where a person has been in custody due to a charge that
 culminated in a dismissal or an acquittal, the amount of time that would
 have been credited against a sentence for  such  charge,  had  one  been
 imposed,  shall  be  credited  against  any  sentence that is based on a
 charge for which a warrant or commitment was lodged during the  pendency
 of such custody.
   §  3.  Subdivision  3 of section 70.30 of the penal law, as amended by
 chapter 648 of the laws of 1979, the  opening  paragraph  as  separately
 amended by chapter 1 of the laws of 1998, is amended to read as follows:
   3.  Jail  time. The term of a definite sentence or the maximum term of
 an indeterminate sentence imposed on a person shall be credited with and
 diminished by the amount of time the person spent in  custody  prior  to
 the  commencement of such sentence as a result of the charge that culmi-
 nated in the sentence. In the case of an indeterminate sentence, if  the
 minimum  period  of  imprisonment  has been fixed by the court or by the
 board of parole, the credit shall also be applied  against  the  minimum
 period.  The  credit  herein  provided shall be calculated from the date
 custody under the charge commenced to the date  the  sentence  commences
 and  shall  not  include  any  time that is credited against the term or
 maximum term of any previously imposed sentence or  period  of  post-re-
 lease  supervision  to  which  the person is subject.  THE CREDIT HEREIN
 PROVIDED SHALL ALSO INCLUDE ANY ADDITIONAL MERIT TIME  ALLOWANCE  CREDIT
 ACCRUED  IN  A  LOCAL  CORRECTIONAL FACILITY PURSUANT TO ARTICLE TWENTY-
 FOUR-A OF THE CORRECTION LAW. Where the charge or charges  culminate  in
 more than one sentence, the credit shall be applied as follows:
   (a)  If  the  sentences  run concurrently, the credit shall be applied
 against each such sentence;
   (b) If the sentences run consecutively, the credit  shall  be  applied
 against  the  aggregate  term or aggregate maximum term of the sentences
 and against the aggregate minimum period of imprisonment.
   In any case where a person has been in custody due to  a  charge  that
 culminated in a dismissal or an acquittal, the amount of time that would
 have  been  credited  against  a  sentence for such charge, had one been
 imposed, shall be credited against any  sentence  that  is  based  on  a
 charge  for which a warrant or commitment was lodged during the pendency
 of such custody.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become  a  law;  provided  that  the
 amendments  to  subdivision  3 of section 70.30 of the penal law made by
 section two of this act shall be subject to the expiration and reversion
 of such subdivision pursuant to subdivision d of section 74 of chapter 3
 of the laws of 1995, as amended, when upon such date the  provisions  of
 section three of this act shall take effect.
 
                                 PART EEE

 A. 9505--C                         160
 
   Section  1.  The mental hygiene law is amended by adding a new section
 13.43 to read as follows:
 § 13.43 FIRST RESPONDER TRAINING.
   (A) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 THE OFFICE OF FIRE PREVENTION AND CONTROL, THE MUNICIPAL POLICE TRAINING
 COUNCIL,  AND THE SUPERINTENDENT OF STATE POLICE, SHALL DEVELOP A TRAIN-
 ING PROGRAM AND ASSOCIATED TRAINING MATERIALS,  TO  PROVIDE  INSTRUCTION
 AND  INFORMATION  TO FIREFIGHTERS, POLICE OFFICERS AND EMERGENCY MEDICAL
 SERVICES PERSONNEL ON APPROPRIATE RECOGNITION  AND  RESPONSE  TECHNIQUES
 FOR  HANDLING  EMERGENCY  SITUATIONS  INVOLVING  INDIVIDUALS WITH AUTISM
 SPECTRUM DISORDER AND OTHER  DEVELOPMENTAL  DISABILITIES.  THE  TRAINING
 PROGRAM AND ASSOCIATED TRAINING MATERIALS SHALL INCLUDE ANY OTHER INFOR-
 MATION DEEMED NECESSARY AND APPROPRIATE BY THE COMMISSIONER.
   (B)  SUCH  TRAINING  SHALL ADDRESS APPROPRIATE RESPONSE TECHNIQUES FOR
 DEALING WITH BOTH ADULTS AND MINORS WITH AUTISM  SPECTRUM  DISORDER  AND
 OTHER DEVELOPMENTAL DISABILITIES.
   (C) SUCH TRAINING PROGRAM MAY BE DEVELOPED AS AN ONLINE PROGRAM.
   §  2. The public health law is amended by adding a new section 3054 to
 read as follows:
   § 3054. EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH  AUTISM  SPEC-
 TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES. IN COORDINATION WITH
 THE  COMMISSIONER  OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
 TIES, THE COMMISSIONER SHALL PROVIDE THE TRAINING  PROGRAM  RELATING  TO
 HANDLING EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPECTRUM
 DISORDER  AND  OTHER  DEVELOPMENTAL DISABILITIES AND ASSOCIATED TRAINING
 MATERIALS PURSUANT TO SECTION 13.43 OF THE MENTAL  HYGIENE  LAW  TO  ALL
 EMERGENCY  MEDICAL  SERVICES  PERSONNEL  INCLUDING,  BUT NOT LIMITED TO,
 FIRST RESPONDERS,  EMERGENCY  MEDICAL  TECHNICIANS,  ADVANCED  EMERGENCY
 MEDICAL TECHNICIANS AND EMERGENCY VEHICLE OPERATORS.
   §  3.  Section  156  of  the  executive law is amended by adding a new
 subdivision 22 to read as follows:
   22. IN COORDINATION WITH THE COMMISSIONER OF  THE  OFFICE  FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES, PROVIDE THE TRAINING PROGRAM RELATING
 TO HANDLING EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPEC-
 TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES AND ASSOCIATED TRAIN-
 ING MATERIALS PURSUANT TO SECTION 13.43 OF THE MENTAL HYGIENE LAW TO ALL
 FIREFIGHTERS, BOTH PAID AND VOLUNTEER.    THE  OFFICE  SHALL  ADOPT  ALL
 NECESSARY RULES AND REGULATIONS RELATING TO SUCH TRAINING, INCLUDING THE
 PROCESS  BY  WHICH TRAINING HOURS ARE ALLOCATED TO COUNTIES AS WELL AS A
 UNIFORM PROCEDURE  FOR  REQUESTING  AND  PROVIDING  ADDITIONAL  TRAINING
 HOURS.
   §  4.  Section  840  of  the  executive law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN  CONSULTATION  WITH  THE
 COMMISSIONER  OF  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
 WRITTEN POLICIES AND PROCEDURES CONSISTENT WITH  SECTION  13.43  OF  THE
 MENTAL  HYGIENE  LAW,  REGARDING  THE  HANDLING  OF EMERGENCY SITUATIONS
 INVOLVING INDIVIDUALS WITH AUTISM SPECTRUM DISORDER AND  OTHER  DEVELOP-
 MENTAL DISABILITIES.  SUCH POLICIES AND PROCEDURES SHALL MAKE PROVISIONS
 FOR THE EDUCATION AND TRAINING OF NEW AND VETERAN POLICE OFFICERS ON THE
 HANDLING OF EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPEC-
 TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES; AND
   (B)  RECOMMEND  TO THE GOVERNOR, RULES AND REGULATIONS WITH RESPECT TO
 THE ESTABLISHMENT AND IMPLEMENTATION ON AN ONGOING BASIS OF  A  TRAINING
 PROGRAM  FOR  ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES

 A. 9505--C                         161
 
 AND PROCEDURES ESTABLISHED PURSUANT  TO  THIS  SUBDIVISION,  ALONG  WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   §  5.  The  executive  law is amended by adding a new section 214-f to
 read as follows:
   § 214-F. EMERGENCY SITUATIONS INVOLVING PEOPLE  WITH  AUTISM  SPECTRUM
 DISORDER AND OTHER DEVELOPMENTAL DISABILITIES. THE SUPERINTENDENT SHALL,
 FOR ALL MEMBERS OF THE STATE POLICE:
   1. DEVELOP, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE COMMIS-
 SIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WRITTEN
 POLICIES  AND  PROCEDURES  CONSISTENT  WITH  SECTION 13.43 OF THE MENTAL
 HYGIENE LAW, REGARDING THE HANDLING OF  EMERGENCY  SITUATIONS  INVOLVING
 INDIVIDUALS  WITH AUTISM SPECTRUM DISORDER AND OTHER DEVELOPMENTAL DISA-
 BILITIES.  SUCH POLICIES AND PROCEDURES SHALL MAKE  PROVISIONS  FOR  THE
 EDUCATION  AND TRAINING OF NEW AND VETERAN POLICE OFFICERS ON THE HANDL-
 ING OF EMERGENCY SITUATIONS  INVOLVING  INDIVIDUALS  WITH  DEVELOPMENTAL
 DISABILITIES; AND
   2.  RECOMMEND  TO  THE GOVERNOR, RULES AND REGULATIONS WITH RESPECT TO
 ESTABLISHMENT AND IMPLEMENTATION ON  AN  ONGOING  BASIS  OF  A  TRAINING
 PROGRAM  FOR  ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
 AND PROCEDURES ESTABLISHED PURSUANT  TO  THIS  SUBDIVISION,  ALONG  WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided, however, that the commissioner of
 the office for people with developmental disabilities may promulgate any
 rules and regulations necessary for the implementation of this act on or
 before such effective date.
 
                                 PART FFF
 
   Section 1. This part enacts into law major components  of  legislation
 relating to the Women's Agenda. Each component is wholly contained with-
 in  a Subpart identified as subparts A through N. The effective date for
 each particular provision contained within such Subpart is set forth  in
 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 part sets forth the general effective date of this part.
 
                                 SUBPART A
 
   Section 1. This act shall be known and may be cited as the "comprehen-
 sive contraception coverage act".
   §  2.  Paragraph 16 of subsection (l) of section 3221 of the insurance
 law, as added by chapter 554 of the laws of 2002, is amended to read  as
 follows:
   (16)  (A)  Every  group or blanket policy [which provides coverage for
 prescription drugs shall include coverage for the cost of  contraceptive
 drugs or devices approved by the federal food and drug administration or
 generic equivalents approved as substitutes by such food and drug admin-
 istration  under  the  prescription  of  a  health care provider legally
 authorized to prescribe under title eight  of  the  education  law.  The
 coverage  required  by  this  section  shall be included in policies and
 certificates only through the addition of a rider.

 A. 9505--C                         162

   (A)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
 AFTER  JANUARY  FIRST, TWO THOUSAND NINETEEN, SHALL PROVIDE COVERAGE FOR
 ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
   (1) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
 THIS  INCLUDES  ALL  FDA-APPROVED  OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
 DEVICES, AND PRODUCTS AS PRESCRIBED OR  AS  OTHERWISE  AUTHORIZED  UNDER
 STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
   (A)  WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
 TICAL EQUIVALENT, AS DEFINED BY THE FDA,  VERSIONS  OF  A  CONTRACEPTIVE
 DRUG,  DEVICE,  OR PRODUCT, A GROUP OR BLANKET POLICY IS NOT REQUIRED TO
 INCLUDE ALL SUCH THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS  IN
 ITS  FORMULARY,  SO LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT
 COST-SHARING AND IN ACCORDANCE WITH THIS PARAGRAPH;
   (B) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS
 OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
 INADVISABLE A GROUP OR BLANKET POLICY  SHALL  PROVIDE  COVERAGE  FOR  AN
 ALTERNATE  THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT  VERSION  OF THE
 CONTRACEPTIVE DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING;
   (C) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT  COST-
 SHARING  WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT
 SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
 TY-ONE OF THE EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN
 THROUGH A PRESCRIPTION OR ORDER; AND
   (D) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS WORTH
 OF A CONTRACEPTIVE AT ONE TIME;
   (2) VOLUNTARY STERILIZATION PROCEDURES;
   (3) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
   (4)  FOLLOW-UP  SERVICES  RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
 PROCEDURES COVERED UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED  TO,
 MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
 DEVICE INSERTION AND REMOVAL.
   (B) A GROUP OR BLANKET POLICY SUBJECT  TO  THIS  PARAGRAPH  SHALL  NOT
 IMPOSE  A  DEDUCTIBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING
 REQUIREMENT ON THE COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
   (C) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS PARAGRAPH,  A  GROUP  OR
 BLANKET POLICY SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVER-
 AGE REQUIRED UNDER THIS PARAGRAPH.
   (D)  BENEFITS  FOR  AN ENROLLEE UNDER THIS PARAGRAPH SHALL BE THE SAME
 FOR AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND  COVERED
 NONSPOUSE DEPENDENTS.
   (E)  Notwithstanding  any  other provision of this subsection, a reli-
 gious employer may request a contract without coverage for federal  food
 and drug administration approved contraceptive methods that are contrary
 to  the  religious  employer's  religious  tenets. If so requested, such
 contract shall be provided without coverage for  contraceptive  methods.
 This  paragraph  shall not be construed to deny an enrollee coverage of,
 and timely access to, contraceptive methods.
   (1) For purposes of this subsection,  a  "religious  employer"  is  an
 entity for which each of the following is true:
   (a) The inculcation of religious values is the purpose of the entity.
   (b)  The  entity  primarily  employs  persons  who share the religious
 tenets of the entity.
   (c) The entity serves primarily persons who share the religious tenets
 of the entity.
   (d) The entity is a nonprofit organization  as  described  in  Section
 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.

 A. 9505--C                         163
 
   (2) Every religious employer that invokes the exemption provided under
 this  paragraph  shall  provide  written notice to prospective enrollees
 prior to enrollment with the plan, listing the contraceptive health care
 services the employer refuses to cover for religious reasons.
   [(B)  (i)] (F) (1) Where a group policyholder makes an election not to
 purchase coverage for contraceptive drugs or devices in accordance  with
 subparagraph  [(A)] (E) of this paragraph each certificateholder covered
 under the policy issued to that group policyholder shall have the  right
 to  directly  purchase  the  rider  required  by this paragraph from the
 insurer which issued the group policy  at  the  prevailing  small  group
 community  rate  for such rider whether or not the employee is part of a
 small group.
   [(ii)] (2) Where  a  group  policyholder  makes  an  election  not  to
 purchase  coverage for contraceptive drugs or devices in accordance with
 subparagraph [(A)] (E) of this paragraph, the insurer that provides such
 coverage shall provide written notice to certificateholders upon enroll-
 ment with the insurer of their right to directly purchase  a  rider  for
 coverage  for  the  cost  of  contraceptive drugs or devices. The notice
 shall also advise the certificateholders of the additional  premium  for
 such coverage.
   [(C)]  (G) Nothing in this paragraph shall be construed as authorizing
 a group or blanket policy which provides coverage for prescription drugs
 to exclude coverage for prescription drugs prescribed for reasons  other
 than contraceptive purposes.
   [(D) Such coverage may be subject to reasonable annual deductibles and
 coinsurance  as  may  be deemed appropriate by the superintendent and as
 are consistent with those established for other drugs or devices covered
 under the policy.]
   § 3. Subsection (cc) of section 4303 of the insurance law, as added by
 chapter 554 of the laws of 2002, is amended to read as follows:
   (cc) (1) Every contract  [which  provides  coverage  for  prescription
 drugs  shall  include  coverage  for  the cost of contraceptive drugs or
 devices approved by the federal food and drug administration or  generic
 equivalents approved as substitutes by such food and drug administration
 under  the  prescription of a health care provider legally authorized to
 prescribe under title eight of the education law. The coverage  required
 by  this  section  shall  be included in contracts and certificates only
 through the addition of a rider.
   (1)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
 AFTER  JANUARY  FIRST, TWO THOUSAND NINETEEN, SHALL PROVIDE COVERAGE FOR
 ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
   (A) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
 THIS INCLUDES ALL  FDA-APPROVED  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,
 DEVICES,  AND  PRODUCTS  AS  PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
 STATE OR FEDERAL LAW.  THE FOLLOWING APPLIES TO THIS COVERAGE:
   (I) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND  PHARMACEU-
 TICAL  EQUIVALENT,  AS  DEFINED  BY THE FDA, VERSIONS OF A CONTRACEPTIVE
 DRUG, DEVICE, OR PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH
 THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY,  SO
 LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN
 ACCORDANCE WITH THIS SUBSECTION;
   (II) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
 OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
 INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE THERAPEU-
 TIC AND PHARMACEUTICAL EQUIVALENT VERSION  OF  THE  CONTRACEPTIVE  DRUG,
 DEVICE, OR PRODUCT WITHOUT COST-SHARING;

 A. 9505--C                         164
 
   (III)  THIS  COVERAGE  SHALL  INCLUDE  EMERGENCY CONTRACEPTION WITHOUT
 COST-SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PA-
 TIENT SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED
 THIRTY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY  PROVIDED  OTHER  THAN
 THROUGH A PRESCRIPTION OR ORDER; AND
   (IV)  THIS  COVERAGE  MUST  ALLOW  FOR THE DISPENSING OF TWELVE MONTHS
 WORTH OF A CONTRACEPTIVE AT ONE TIME;
   (B) VOLUNTARY STERILIZATION PROCEDURES;
   (C) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
   (D) FOLLOW-UP SERVICES RELATED TO THE DRUGS,  DEVICES,  PRODUCTS,  AND
 PROCEDURES COVERED UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
 MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
 DEVICE INSERTION AND REMOVAL.
   (2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE  A  DEDUCT-
 IBLE,  COINSURANCE,  COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
 THE COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
   (3) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS SUBSECTION,  A  CONTRACT
 SHALL  NOT  IMPOSE  ANY  RESTRICTIONS OR DELAYS ON THE COVERAGE REQUIRED
 UNDER THIS SUBSECTION.
   (4) BENEFITS FOR AN ENROLLEE UNDER THIS SUBSECTION SHALL BE  THE  SAME
 FOR  AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND COVERED
 NONSPOUSE DEPENDENTS.
   (5) Notwithstanding any other provision of this  subsection,  a  reli-
 gious  employer may request a contract without coverage for federal food
 and drug administration approved contraceptive methods that are contrary
 to the religious employer's religious  tenets.  If  so  requested,  such
 contract  shall  be provided without coverage for contraceptive methods.
 This paragraph shall not be construed to deny an enrollee  coverage  of,
 and timely access to, contraceptive methods.
   (A)  For  purposes  of  this  subsection, a "religious employer" is an
 entity for which each of the following is true:
   (i) The inculcation of religious values is the purpose of the entity.
   (ii) The entity primarily employs  persons  who  share  the  religious
 tenets of the entity.
   (iii)  The  entity  serves  primarily  persons who share the religious
 tenets of the entity.
   (iv) The entity is a nonprofit organization as  described  in  Section
 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
   (B) Every religious employer that invokes the exemption provided under
 this  paragraph  shall  provide  written notice to prospective enrollees
 prior to enrollment with the plan, listing the contraceptive health care
 services the employer refuses to cover for religious reasons.
   [(2)](6) (A) Where a group contractholder makes  an  election  not  to
 purchase  coverage for contraceptive drugs or devices in accordance with
 paragraph [one] FIVE of this subsection, each enrollee covered under the
 contract issued to that group contractholder shall  have  the  right  to
 directly purchase the rider required by this subsection from the insurer
 or  health  maintenance  organization which issued the group contract at
 the prevailing small group community rate for such rider whether or  not
 the employee is part of a small group.
   (B)  Where  a  group  contractholder makes an election not to purchase
 coverage for contraceptive drugs or devices in accordance with paragraph
 [one] FIVE of this subsection, the insurer or health maintenance  organ-
 ization  that  provides  such  coverage  shall provide written notice to
 enrollees upon enrollment with the insurer or health maintenance  organ-
 ization of their right to directly purchase a rider for coverage for the

 A. 9505--C                         165
 
 cost of contraceptive drugs or devices. The notice shall also advise the
 enrollees of the additional premium for such coverage.
   [(3)](7)  Nothing in this subsection shall be construed as authorizing
 a contract which provides coverage for  prescription  drugs  to  exclude
 coverage  for  prescription  drugs  prescribed  for  reasons  other than
 contraceptive purposes.
   [(4) Such coverage may be subject to reasonable annual deductibles and
 coinsurance as may be deemed appropriate by the  superintendent  and  as
 are consistent with those established for other drugs or devices covered
 under the policy.]
   §  4.  Subparagraph  (E)  of paragraph 17 of subsection (i) of section
 3216 of the insurance law is amended by adding a new clause (v) to  read
 as follows:
   (V) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS,
 INCLUDING   ALL   OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,  DEVICES,  AND
 PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL
 LAW; VOLUNTARY STERILIZATION PROCEDURES;  PATIENT  EDUCATION  AND  COUN-
 SELING  ON  CONTRACEPTION;  AND FOLLOW-UP SERVICES RELATED TO THE DRUGS,
 DEVICES, PRODUCTS, AND PROCEDURES COVERED UNDER THIS CLAUSE,  INCLUDING,
 BUT NOT LIMITED TO, MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED
 ADHERENCE, AND DEVICE INSERTION AND REMOVAL. EXCEPT AS OTHERWISE AUTHOR-
 IZED  UNDER THIS CLAUSE, A CONTRACT SHALL NOT IMPOSE ANY RESTRICTIONS OR
 DELAYS ON THE COVERAGE REQUIRED UNDER THIS CLAUSE.  HOWEVER,  WHERE  THE
 FDA  HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT,
 AS DEFINED BY THE FDA, VERSIONS OF  A  CONTRACEPTIVE  DRUG,  DEVICE,  OR
 PRODUCT,  A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH THERAPEUTIC AND
 PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO LONG AS AT LEAST
 ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN ACCORDANCE  WITH
 THIS  CLAUSE.  IF  THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT
 VERSIONS OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR  ARE  DEEMED
 MEDICALLY INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE
 THERAPEUTIC  AND  PHARMACEUTICAL EQUIVALENT VERSION OF THE CONTRACEPTIVE
 DRUG, DEVICE, OR  PRODUCT  WITHOUT  COST-SHARING.  THIS  COVERAGE  SHALL
 INCLUDE  EMERGENCY  CONTRACEPTION  WITHOUT  COST-SHARING  WHEN  PROVIDED
 PURSUANT TO  AN  ORDINARY  PRESCRIPTION,  NON-PATIENT  SPECIFIC  REGIMEN
 ORDER,  OR  ORDER  UNDER  SECTION  SIXTY-EIGHT HUNDRED THIRTY-ONE OF THE
 EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN   THROUGH   A
 PRESCRIPTION  OR  ORDER; AND THIS COVERAGE MUST ALLOW FOR THE DISPENSING
 OF TWELVE MONTHS WORTH OF A CONTRACEPTIVE AT ONE TIME.
   § 5. Paragraph (d) of subdivision 3 of section  365-a  of  the  social
 services  law,  as  amended  by  chapter  909 of the laws of 1974 and as
 relettered by chapter 82 of the laws of 1995,  is  amended  to  read  as
 follows:
   (d)  family planning services and TWELVE MONTHS OF supplies for eligi-
 ble persons of childbearing age,  including  children  under  twenty-one
 years  of  age  who  can  be considered sexually active, who desire such
 services and supplies, in accordance with the  requirements  of  federal
 law  and  regulations  and  the regulations of the department. No person
 shall be compelled or coerced to accept such services or supplies.
   § 6. Subdivision 6 of section 6527 of the education law, as  added  by
 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
 of  the  laws of 2015, paragraph (d) as added by chapter 429 of the laws
 of 2005, paragraph (e) as added by chapter 352  of  the  laws  of  2014,
 paragraph  (f) as added by section 6 of part V of chapter 57 of the laws
 of 2015 and paragraph (g) as added by chapter 502 of the laws  of  2016,
 is amended to read as follows:

 A. 9505--C                         166
 
   6. A licensed physician may prescribe and order a non-patient specific
 regimen  [to  a  registered professional nurse], pursuant to regulations
 promulgated by the commissioner, and consistent with the  public  health
 law, [for] TO:
   (a) A REGISTERED PROFESSIONAL NURSE FOR:
   (I) administering immunizations[.];
   [(b)] (II) the emergency treatment of anaphylaxis[.];
   [(c)]  (III)  administering purified protein derivative (PPD) tests or
 other tests to detect or screen for tuberculosis infections[.];
   [(d)] (IV) administering tests to determine the presence of the  human
 immunodeficiency virus[.];
   [(e)] (V) administering tests to determine the presence of the hepati-
 tis C virus[.];
   [(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
 TO  BE  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT
 HUNDRED THIRTY-TWO OF THIS TITLE;
   (VII) the urgent or emergency treatment of opioid related overdose  or
 suspected opioid related overdose[.]; OR
   [(g)]  (VIII)  screening  of  persons  at  increased risk of syphilis,
 gonorrhea and chlamydia.
   (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
 BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
 THIRTY-TWO OF THIS TITLE.
   § 7. Subdivision 3 of section 6807 of the education law, as  added  by
 chapter  573  of the laws of 1999, is amended and a new subdivision 4 is
 added to read as follows:
   3. A pharmacist may dispense drugs and devices to a registered profes-
 sional nurse, and a registered professional nurse may possess and admin-
 ister, drugs and devices, pursuant to  a  non-patient  specific  regimen
 prescribed  or  ordered  by  a  licensed  physician, LICENSED MIDWIFE or
 certified nurse practitioner, pursuant to regulations promulgated by the
 commissioner and the public health law.
   4. A PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGIMEN  OF  EMER-
 GENCY  CONTRACEPTION, TO BE SELF-ADMINISTERED BY THE PATIENT, PRESCRIBED
 OR ORDERED BY A LICENSED PHYSICIAN,  CERTIFIED  NURSE  PRACTITIONER,  OR
 LICENSED  MIDWIFE,  UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS
 ARTICLE.
   § 8. The education law is amended by adding a new section 6832 to read
 as follows:
   § 6832. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION  OR
 ORDER.  1.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (A) "EMERGENCY  CONTRACEPTION"  MEANS  ONE  OR  MORE  PRESCRIPTION  OR
 NONPRESCRIPTION  DRUGS,  USED  SEPARATELY OR IN COMBINATION, IN A DOSAGE
 AND MANNER FOR PREVENTING PREGNANCY WHEN USED AFTER  INTERCOURSE,  FOUND
 SAFE  AND  EFFECTIVE  FOR  THAT  USE  BY THE UNITED STATES FOOD AND DRUG
 ADMINISTRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.
   (B) "PRESCRIBER" MEANS A LICENSED PHYSICIAN, CERTIFIED  NURSE  PRACTI-
 TIONER OR LICENSED MIDWIFE.
   2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
 CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF
 EMERGENCY   CONTRACEPTION   BY  A  LICENSED  PHARMACIST  PURSUANT  TO  A
 PRESCRIPTION OR ORDER FOR A NON-PATIENT SPECIFIC REGIMEN MADE BY A PRES-
 CRIBER UNDER SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN, SIXTY-NINE HUNDRED
 NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF THIS TITLE.  THIS  SECTION  DOES

 A. 9505--C                         167
 
 NOT  APPLY  TO  ADMINISTERING OR DISPENSING EMERGENCY CONTRACEPTION WHEN
 LAWFULLY DONE WITHOUT SUCH A PRESCRIPTION OR ORDER.
   3.  THE  ADMINISTERING  OR  DISPENSING OF EMERGENCY CONTRACEPTION BY A
 REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF EMERGENCY  CONTRACEP-
 TION  BY  A LICENSED PHARMACIST SHALL BE DONE IN ACCORDANCE WITH PROFES-
 SIONAL STANDARDS OF PRACTICE AND IN ACCORDANCE WITH  WRITTEN  PROCEDURES
 AND PROTOCOLS AGREED TO BY THE REGISTERED PROFESSIONAL NURSE OR LICENSED
 PHARMACIST  AND  THE  PRESCRIBER  OR  A HOSPITAL (LICENSED UNDER ARTICLE
 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT  PROVIDES  GYNECOLOGICAL  OR
 FAMILY PLANNING SERVICES.
   4.  (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED, THE
 REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST  SHALL  PROVIDE  TO
 THE  PATIENT  WRITTEN MATERIAL THAT INCLUDES: (I) THE CLINICAL CONSIDER-
 ATIONS AND RECOMMENDATIONS FOR USE OF THE  DRUG;  (II)  THE  APPROPRIATE
 METHOD  FOR  USING  THE  DRUG;  (III)  INFORMATION  ON THE IMPORTANCE OF
 FOLLOW-UP HEALTH CARE; (IV) INFORMATION ON THE HEALTH  RISKS  AND  OTHER
 DANGERS  OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION RELAT-
 ING TO HEALTH CARE AND SERVICES RELATING TO SEXUAL  ABUSE  AND  DOMESTIC
 VIOLENCE.
   (B)  SUCH  WRITTEN  MATERIAL  SHALL  BE  DEVELOPED  OR APPROVED BY THE
 COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
 ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
   § 9. Subdivision 4 of section 6909 of the education law, as  added  by
 chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
 of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
 as added by section 5 of part V of chapter 57 of the laws  of  2015  and
 paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
 read as follows:
   4.  A  certified  nurse practitioner may prescribe and order a non-pa-
 tient specific regimen [to a registered professional nurse], pursuant to
 regulations promulgated by the commissioner, consistent with subdivision
 three of section [six thousand nine]  SIXTY-NINE  hundred  two  of  this
 article, and consistent with the public health law, for:
   (a) A REGISTERED PROFESSIONAL NURSE FOR:
   (I) administering immunizations[.];
   [(b)] (II) the emergency treatment of anaphylaxis[.];
   [(c)]  (III)  administering purified protein derivative (PPD) tests or
 other tests to detect or screen for tuberculosis infections[.];
   [(d)] (IV) administering tests to determine the presence of the  human
 immunodeficiency virus[.];
   [(e)] (V) administering tests to determine the presence of the hepati-
 tis C virus[.];
   [(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
 TO  BE  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT
 HUNDRED THIRTY-TWO OF THIS TITLE;
   (VII) the urgent or emergency treatment of opioid related overdose  or
 suspected opioid related overdose[.]; OR
   [(g)]  (VIII)  screening  of  persons  at increased risk for syphilis,
 gonorrhea and chlamydia.
   (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
 BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
 THIRTY-TWO OF THIS TITLE.
   § 10. Subdivision 5 of section 6909 of the education law, as added  by
 chapter 573 of the laws of 1999, is amended to read as follows:

 A. 9505--C                         168
 
   5.  A registered professional nurse may execute a non-patient specific
 regimen prescribed or ordered by a licensed physician, LICENSED  MIDWIFE
 or  certified nurse practitioner, pursuant to regulations promulgated by
 the commissioner.
   §  11.  Section  6951  of the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
 REGIMEN   PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER,
 CONSISTENT WITH THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
   (A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
 ADMINISTERED TO OR DISPENSED TO BE  SELF-ADMINISTERED  BY  THE  PATIENT,
 UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS TITLE; OR
   (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
 BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
 THIRTY-TWO OF THIS TITLE.
   § 12. Subdivision 1 of section 207 of the public health law is amended
 by adding a new paragraph (o) to read as follows:
   (O)  EMERGENCY  CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
 EFFICACY, APPROPRIATE USE AND AVAILABILITY.
   § 13. This act shall  take  effect  January  1,  2019;  provided  that
 section  six  of  this  act shall take effect January 1, 2020; provided,
 however, that effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and  completed by the commissioner of education and the board of regents
 on or before such effective date.
 
                                 SUBPART B
 
   Section 1. The public health law is amended by adding  a  new  article
 25-A to read as follows:
                               ARTICLE 25-A
                          REPRODUCTIVE HEALTH ACT
 SECTION 2599-AA. ABORTION.
   § 2599-AA. ABORTION.  1.  A  HEALTH CARE PRACTITIONER LICENSED, CERTI-
 FIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITH-
 IN HIS OR HER LAWFUL SCOPE OF PRACTICE, MAY PERFORM  AN  ABORTION  WHEN,
 ACCORDING  TO  THE PRACTITIONER'S REASONABLE AND GOOD FAITH PROFESSIONAL
 JUDGMENT BASED ON THE FACTS OF THE PATIENT'S CASE: THE PATIENT IS WITHIN
 TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF PREGNANCY,  OR  THERE  IS  AN
 ABSENCE  OF FETAL VIABILITY, OR THE ABORTION IS NECESSARY TO PROTECT THE
 PATIENT'S LIFE OR HEALTH.
   2. THIS ARTICLE SHALL BE CONSTRUED AND  APPLIED  CONSISTENT  WITH  AND
 SUBJECT  TO  APPLICABLE  LAWS  AND APPLICABLE AND AUTHORIZED REGULATIONS
 GOVERNING HEALTH CARE PROCEDURES.
   § 2. Section 4164 of the public health law is REPEALED.
   § 3. Subdivision 8 of section 6811 of the education law is REPEALED.
   § 4. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of  the  penal
 law  are  REPEALED,  and the article heading of article 125 of the penal
 law is amended to read as follows:
                  HOMICIDE[, ABORTION] AND RELATED OFFENSES
   § 5. Section 125.00 of the penal law is amended to read as follows:
 § 125.00 Homicide defined.
   Homicide means conduct which causes the  death  of  a  person  [or  an
 unborn  child  with which a female has been pregnant for more than twen-
 ty-four weeks] under circumstances constituting murder, manslaughter  in

 A. 9505--C                         169
 
 the  first  degree,  manslaughter  in  the  second degree, OR criminally
 negligent homicide[, abortion in the first degree  or  self-abortion  in
 the first degree].
   §  6.  The  section  heading,  opening  paragraph and subdivision 1 of
 section 125.05 of the penal law are amended to read as follows:
   Homicide[, abortion] and  related  offenses;  [definitions  of  terms]
 DEFINITION.
   The following [definitions are] DEFINITION IS applicable to this arti-
 cle:
   [1.]  "Person,"  when  referring  to the victim of a homicide, means a
 human being who has been born and is alive.
   § 7. Subdivisions 2 and 3 of section  125.05  of  the  penal  law  are
 REPEALED.
   § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED.
   § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED.
   § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 368 of the laws of 2015, is amended
 to read as follows:
   (b)  Any  of  the  following felonies: assault in the second degree as
 defined in section 120.05 of the penal law, assault in the first  degree
 as  defined in section 120.10 of the penal law, reckless endangerment in
 the first degree as defined in section 120.25 of the penal law,  promot-
 ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
 strangulation in the second degree as defined in section 121.12  of  the
 penal  law,  strangulation  in  the  first  degree as defined in section
 121.13 of the penal law, criminally negligent  homicide  as  defined  in
 section  125.10  of  the penal law, manslaughter in the second degree as
 defined in section 125.15 of the penal law, manslaughter  in  the  first
 degree  as  defined  in  section  125.20 of the penal law, murder in the
 second degree as defined in section 125.25 of the penal law,  murder  in
 the  first  degree  as  defined  in  section  125.27  of  the penal law,
 [abortion in the second degree as defined in section 125.40 of the penal
 law, abortion in the first degree as defined in section  125.45  of  the
 penal law,] rape in the third degree as defined in section 130.25 of the
 penal law, rape in the second degree as defined in section 130.30 of the
 penal  law, rape in the first degree as defined in section 130.35 of the
 penal law, criminal sexual act in the third degree as defined in section
 130.40 of the penal law, criminal sexual act in  the  second  degree  as
 defined  in  section 130.45 of the penal law, criminal sexual act in the
 first degree as defined in section 130.50 of the penal law, sexual abuse
 in the first degree as defined in  section  130.65  of  the  penal  law,
 unlawful  imprisonment  in the first degree as defined in section 135.10
 of the penal law, kidnapping in the second degree as defined in  section
 135.20  of  the  penal law, kidnapping in the first degree as defined in
 section 135.25 of the penal law, labor trafficking as defined in section
 135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
 section  135.37  of  the  penal law, custodial interference in the first
 degree as defined in section 135.50 of the penal law,  coercion  in  the
 first  degree  as  defined  in section 135.65 of the penal law, criminal
 trespass in the first degree as defined in section 140.17 of  the  penal
 law,  burglary  in  the third degree as defined in section 140.20 of the
 penal law, burglary in the second degree as defined in section 140.25 of
 the penal law, burglary in the first degree as defined in section 140.30
 of the penal law, criminal mischief in the third degree  as  defined  in
 section  145.05 of the penal law, criminal mischief in the second degree
 as defined in section 145.10 of the penal law, criminal mischief in  the

 A. 9505--C                         170
 
 first  degree  as  defined  in section 145.12 of the penal law, criminal
 tampering in the first degree as defined in section 145.20 of the  penal
 law,  arson  in  the  fourth  degree as defined in section 150.05 of the
 penal law, arson in the third degree as defined in section 150.10 of the
 penal  law,  arson  in the second degree as defined in section 150.15 of
 the penal law, arson in the first degree as defined in section 150.20 of
 the penal law, grand larceny in the fourth degree as defined in  section
 155.30 of the penal law, grand larceny in the third degree as defined in
 section  155.35  of the penal law, grand larceny in the second degree as
 defined in section 155.40 of the penal law, grand larceny in  the  first
 degree  as defined in section 155.42 of the penal law, health care fraud
 in the fourth degree as defined in section  177.10  of  the  penal  law,
 health  care  fraud  in the third degree as defined in section 177.15 of
 the penal law, health care fraud in the  second  degree  as  defined  in
 section  177.20  of the penal law, health care fraud in the first degree
 as defined in section 177.25 of the penal  law,  robbery  in  the  third
 degree  as  defined  in  section 160.05 of the penal law, robbery in the
 second degree as defined in section 160.10 of the penal law, robbery  in
 the first degree as defined in section 160.15 of the penal law, unlawful
 use  of  secret  scientific material as defined in section 165.07 of the
 penal law, criminal possession of stolen property in the  fourth  degree
 as  defined  in  section 165.45 of the penal law, criminal possession of
 stolen property in the third degree as defined in section 165.50 of  the
 penal  law,  criminal possession of stolen property in the second degree
 as defined by section 165.52 of the penal law,  criminal  possession  of
 stolen  property in the first degree as defined by section 165.54 of the
 penal law, trademark counterfeiting in the second degree as  defined  in
 section  165.72  of the penal law, trademark counterfeiting in the first
 degree as defined in section 165.73 of the penal  law,  forgery  in  the
 second  degree as defined in section 170.10 of the penal law, forgery in
 the first degree as defined in section 170.15 of the penal law, criminal
 possession of a forged instrument in the second  degree  as  defined  in
 section 170.25 of the penal law, criminal possession of a forged instru-
 ment  in the first degree as defined in section 170.30 of the penal law,
 criminal possession of forgery devices as defined in section  170.40  of
 the  penal  law,  falsifying  business  records  in  the first degree as
 defined in section 175.10  of  the  penal  law,  tampering  with  public
 records  in  the  first degree as defined in section 175.25 of the penal
 law, offering a false instrument for  filing  in  the  first  degree  as
 defined  in section 175.35 of the penal law, issuing a false certificate
 as defined in section 175.40 of the penal  law,  criminal  diversion  of
 prescription  medications  and  prescriptions  in  the  second degree as
 defined in section 178.20  of  the  penal  law,  criminal  diversion  of
 prescription  medications  and  prescriptions  in  the  first  degree as
 defined in section 178.25 of the penal law, residential  mortgage  fraud
 in  the  fourth  degree  as  defined in section 187.10 of the penal law,
 residential mortgage fraud in the third degree  as  defined  in  section
 187.15 of the penal law, residential mortgage fraud in the second degree
 as  defined  in  section  187.20  of the penal law, residential mortgage
 fraud in the first degree as defined in section 187.25 of the penal law,
 escape in the second degree as defined in section 205.10  of  the  penal
 law,  escape  in  the  first  degree as defined in section 205.15 of the
 penal law, absconding from temporary release  in  the  first  degree  as
 defined  in section 205.17 of the penal law, promoting prison contraband
 in the first degree as defined in  section  205.25  of  the  penal  law,
 hindering  prosecution in the second degree as defined in section 205.60

 A. 9505--C                         171
 
 of the penal law, hindering prosecution in the first degree  as  defined
 in  section  205.65  of  the  penal  law,  sex trafficking as defined in
 section 230.34 of the penal law, criminal possession of a weapon in  the
 third  degree  as defined in subdivisions two, three and five of section
 265.02 of the penal law, criminal possession of a weapon in  the  second
 degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
 possession of a weapon in the first degree as defined in section  265.04
 of  the penal law, manufacture, transport, disposition and defacement of
 weapons and dangerous instruments and appliances defined as felonies  in
 subdivisions  one,  two,  and  three of section 265.10 of the penal law,
 sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
 of  weapons as defined in subdivision two of section 265.35 of the penal
 law, relating to firearms and other dangerous  weapons,  or  failure  to
 disclose  the  origin  of  a recording in the first degree as defined in
 section 275.40 of the penal law;
   § 11. Subdivision 1 of section 673 of the  county  law,  as  added  by
 chapter 545 of the laws of 1965, is amended to read as follows:
   1.  A  coroner  or  medical examiner has jurisdiction and authority to
 investigate the death of every person dying within his county, or  whose
 body is found within the county, which is or appears to be:
   (a)  A violent death, whether by criminal violence, suicide or casual-
 ty;
   (b) A death caused by unlawful act or criminal neglect;
   (c) A death occurring in a suspicious, unusual or unexplained manner;
   (d) [A death caused by suspected criminal abortion;
   (e)] A death while unattended by a physician, so far as can be discov-
 ered, or where no physician able  to  certify  the  cause  of  death  as
 provided  in  the  public  health  law  and in form as prescribed by the
 commissioner of health can be found;
   [(f)] (E) A death of a person confined in a public  institution  other
 than a hospital, infirmary or nursing home.
   § 12. Section 4 of the judiciary law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
   §  4.  Sittings  of  courts  to be public. The sittings of every court
 within this state shall be public, and every citizen may  freely  attend
 the  same,  except  that  in  all  proceedings  and  trials in cases for
 divorce, seduction, [abortion,] rape,  assault  with  intent  to  commit
 rape,  criminal sexual act, bastardy or filiation, the court may, in its
 discretion, exclude therefrom all persons who are  not  directly  inter-
 ested therein, excepting jurors, witnesses, and officers of the court.
   § 13. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section  1.  The  public health law is amended by adding a new section
 2509 to read as follows:
   § 2509. MATERNAL MORTALITY REVIEW BOARD. 1. (A) THERE IS HEREBY ESTAB-
 LISHED IN THE DEPARTMENT THE MATERNAL MORTALITY  REVIEW  BOARD  FOR  THE
 PURPOSE  OF  REVIEWING MATERNAL DEATHS AND MATERNAL MORBIDITY. THE BOARD
 SHALL ASSESS THE CAUSE  OF  DEATH  AND  FACTORS  LEADING  TO  DEATH  AND
 PREVENTABILITY  FOR  EACH MATERNAL DEATH REVIEWED AND, IN THE DISCRETION
 OF THE BOARD, CASES OF SEVERE MATERNAL MORBIDITY, AND TO DEVELOP STRATE-
 GIES FOR REDUCING THE RISK OF MATERNAL  MORTALITY,  AND  TO  ASSESS  AND
 REVIEW  MATERNAL  MORBIDITY.  EACH  BOARD  SHALL CONSULT WITH EXPERTS AS
 NEEDED TO EVALUATE THE INFORMATION  AS  TO  MATERNAL  DEATH  AND  SEVERE

 A. 9505--C                         172
 
 MATERNAL  MORBIDITY.  THE COMMISSIONER MAY DELEGATE THE AUTHORITY OF THE
 STATE BOARD TO CONDUCT MATERNAL MORTALITY REVIEWS.
   (B)  THE  COMMISSIONER  MAY  ENTER  INTO  AN  AGREEMENT WITH THE LOCAL
 GOVERNMENT BY OR UNDER WHICH A LOCAL BOARD IS ESTABLISHED PROVIDING:
   (I) THAT THE FUNCTIONS OF THE STATE BOARD RELATING TO MATERNAL  DEATHS
 AND  SEVERE  MATERNAL  MORBIDITY  OCCURRING  WITHIN THE TERRITORY OF THE
 LOCAL GOVERNMENT SHALL BE CONDUCTED BY THE LOCAL BOARD;
   (II) THE LOCAL BOARD SHALL PROVIDE TO THE STATE BOARD THE  RESULTS  OF
 ITS  REVIEWS, RELEVANT INFORMATION IN THE POSSESSION OF THE LOCAL BOARD,
 AND THE RECOMMENDATIONS OF THE LOCAL BOARD; AND
   (III) THE DEPARTMENT AND THE STATE BOARD SHALL PROVIDE INFORMATION AND
 ASSISTANCE TO THE LOCAL BOARD FOR THE PERFORMANCE OF ITS FUNCTIONS.
   (C) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (I) "BOARD" SHALL MEAN THE MATERNAL MORTALITY REVIEW BOARD ESTABLISHED
 BY THIS SECTION AND A MATERNAL MORTALITY REVIEW BOARD ESTABLISHED BY  OR
 UNDER  A  COUNTY  DEPARTMENT  OF  HEALTH OR THE CITY OF NEW YORK. "STATE
 BOARD" SHALL MEAN THE BOARD ESTABLISHED WITHIN THE DEPARTMENT AND "LOCAL
 BOARD" SHALL MEAN A BOARD ESTABLISHED BY OR UNDER A COUNTY DEPARTMENT OF
 HEALTH OR THE CITY OF NEW YORK;
   (II) "MATERNAL DEATH" MEANS THE DEATH OF A WOMAN DURING  PREGNANCY  OR
 WITHIN A YEAR FROM THE END OF THE PREGNANCY; AND
   (III)  "SEVERE  MATERNAL MORBIDITY" MEANS UNEXPECTED OUTCOMES OF PREG-
 NANCY, LABOR, OR DELIVERY THAT RESULT IN SIGNIFICANT SHORT- OR LONG-TERM
 CONSEQUENCES TO A WOMAN'S HEALTH.
   2. EACH BOARD:
   (A) SHALL MAKE RECOMMENDATIONS TO THE COMMISSIONER, OR IN THE CASE  OF
 A  LOCAL  BOARD,  TO THE APPROPRIATE LOCAL HEALTH OFFICER, REGARDING THE
 PREVENTABILITY OF EACH MATERNAL DEATH CASE BY REVIEWING RELEVANT  INFOR-
 MATION  FOR  EACH CASE IN THE STATE OR THE TERRITORY OF THE LOCAL BOARD,
 AS THE CASE MAY BE, AND REGARDING THE IMPROVEMENT OF WOMEN'S HEALTH  AND
 THE  QUALITY  OF  HEALTH  CARE  OF  WOMEN AND THE PREVENTION OF MATERNAL
 MORTALITY AND SEVERE MATERNAL MORBIDITY.
   (B) SHALL KEEP CONFIDENTIAL ANY INDIVIDUAL IDENTIFYING INFORMATION  AS
 TO  A  PATIENT OR HEALTH CARE PROVIDER COLLECTED UNDER THIS SECTION THAT
 IS OTHERWISE CONFIDENTIAL OR PRIVILEGED, AS PROVIDED BY LAW. ALL RECORDS
 RECEIVED, MEETINGS CONDUCTED, REPORTS AND RECORDS  MADE  AND  MAINTAINED
 AND ALL BOOKS AND PAPERS OBTAINED BY THE BOARD SHALL BE CONFIDENTIAL AND
 SHALL NOT BE OPEN OR MADE AVAILABLE, EXCEPT BY COURT ORDER, AND SHALL BE
 LIMITED TO BOARD MEMBERS AS WELL AS THOSE AUTHORIZED BY THE COMMISSIONER
 OR,  IN  THE  CASE OF A LOCAL BOARD, THE LOCAL HEALTH OFFICER, PROVIDED,
 HOWEVER THAT WHERE THE COMMISSIONER OR LOCAL HEALTH OFFICER, AS THE CASE
 MAY BE, BELIEVES THAT ANY SUCH INFORMATION INCLUDES  EVIDENCE  THAT  THE
 DEATH  OR  SEVERE MATERNAL MORBIDITY WAS THE RESULT OF A CRIME COMMITTED
 AGAINST SUCH WOMAN,  SUCH  COMMISSIONER  OR  LOCAL  HEALTH  OFFICER  MAY
 PROVIDE  INFORMATION TO AN APPROPRIATE LAW ENFORCEMENT AGENCY. EXCEPT AS
 PROVIDED IN THIS SECTION, THE INFORMATION COLLECTED UNDER  THIS  SECTION
 SHALL  BE  USED SOLELY FOR THE PURPOSES OF IMPROVEMENT OF WOMEN'S HEALTH
 AND THE QUALITY OF HEALTH CARE OF WOMEN, AND TO PREVENT MATERNAL MORTAL-
 ITY AND MORBIDITY. ACCESS TO SUCH INFORMATION SHALL BE LIMITED TO  BOARD
 MEMBERS  AS WELL AS THOSE AUTHORIZED BY THE COMMISSIONER OR, IN THE CASE
 OF A LOCAL BOARD, THE LOCAL HEALTH OFFICER.
   (C) SHALL DEVELOP RECOMMENDATIONS TO THE COMMISSIONER AND LOCAL HEALTH
 OFFICER, AS THE CASE MAY BE, FOR AREAS OF  FOCUS,  INCLUDING  ISSUES  OF
 SEVERE MATERNAL MORBIDITY AND RACIAL DISPARITIES IN MATERNAL OUTCOMES.
   (D)  MAY, IN ADDITION TO THE RECOMMENDATIONS DEVELOPED UNDER PARAGRAPH
 (C) OF THIS SUBDIVISION, AND  CONSISTENT  WITH  ALL  FEDERAL  AND  STATE

 A. 9505--C                         173
 
 CONFIDENTIALITY  PROTECTIONS,  PROVIDE RECOMMENDATIONS TO ANY INDIVIDUAL
 OR ENTITY FOR APPROPRIATE ACTIONS TO REDUCE THE  INSTANCES  OF  MATERNAL
 MORTALITY AND MORBIDITY.
   (E) SHALL ISSUE AN ANNUAL REPORT (EXCLUDING ANY INDIVIDUAL IDENTIFYING
 INFORMATION AS TO A PATIENT OR HEALTH CARE PROVIDER) ON ITS FINDINGS AND
 RECOMMENDATIONS, WHICH SHALL BE A PUBLIC DOCUMENT.
   3. (A) THE MEMBERS OF THE STATE BOARD SHALL BE COMPOSED OF MULTIDISCI-
 PLINARY  EXPERTS  IN  THE  FIELD  OF MATERNAL MORTALITY. THE STATE BOARD
 SHALL BE COMPOSED OF AT LEAST FIFTEEN MEMBERS,  ALL  OF  WHOM  SHALL  BE
 APPOINTED  BY  THE  COMMISSIONER.  THE  TERMS OF THE STATE BOARD MEMBERS
 SHALL BE THREE YEARS FROM THE START OF THEIR  APPOINTMENT.  THE  COMMIS-
 SIONER  MAY  CHOOSE  TO REAPPOINT BOARD MEMBERS TO ADDITIONAL THREE YEAR
 TERMS.
   (B) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE STATE BOARD, NO LESS
 THAN THREE, SHALL CONSTITUTE A QUORUM.
   (C) WHEN ANY MEMBER OF STATE THE BOARD FAILS TO ATTEND  THREE  CONSEC-
 UTIVE  REGULAR  MEETINGS,  UNLESS  SUCH  ABSENCE IS FOR GOOD CAUSE, THAT
 MEMBERSHIP MAY BE DEEMED VACANT FOR PURPOSES OF  THE  APPOINTMENT  OF  A
 SUCCESSOR.
   (D)  MEETINGS  OF  THE STATE BOARD SHALL BE HELD AT LEAST TWICE A YEAR
 BUT MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO  REQUEST
 OF THE DEPARTMENT.
   4.  MEMBERS  OF  EACH  BOARD  SHALL BE INDEMNIFIED PURSUANT TO SECTION
 SEVENTEEN OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF  THE  GENERAL
 MUNICIPAL LAW, AS THE CASE MAY BE.
   5.  THE  COMMISSIONER,  AND  IN  THE  CASE OF A LOCAL BOARD, THE LOCAL
 HEALTH OFFICER, MAY REQUEST AND SHALL  RECEIVE  UPON  REQUEST  FROM  ANY
 DEPARTMENT,  DIVISION,  BOARD,  BUREAU, COMMISSION, LOCAL HEALTH DEPART-
 MENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION  THEREOF  OR
 ANY PUBLIC AUTHORITY, AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO ARTI-
 CLE  TWENTY-EIGHT  OF THIS CHAPTER, BIRTHING FACILITIES, MEDICAL EXAMIN-
 ERS, CORONERS, AND ANY CORONER PHYSICIANS AND ANY OTHER FACILITY PROVID-
 ING SERVICES  ASSOCIATED  WITH  MATERNAL  MORTALITY,  SUCH  INFORMATION,
 INCLUDING,  BUT  NOT LIMITED TO, DEATH RECORDS, MEDICAL RECORDS, AUTOPSY
 REPORTS, TOXICOLOGY REPORTS, HOSPITAL DISCHARGE RECORDS,  BIRTH  RECORDS
 AND  ANY  OTHER  INFORMATION  THAT  WILL  HELP THE DEPARTMENT UNDER THIS
 SECTION TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
   § 2. The legislature finds and determines that this act relates  to  a
 matter of state concern.
   § 3. This act shall take effect immediately.
 
                                 SUBPART D
 
   Section  1.  Section  6523 of the education law, as amended by chapter
 364 of the laws of 1991, is amended to read as follows:
   § 6523. State board for medicine.  A state board for medicine shall be
 appointed by the board of regents on recommendation of the  commissioner
 for  the purpose of assisting the board of regents and the department on
 matters of professional licensing in accordance with section  sixty-five
 hundred  eight  of  this  title. The board shall be composed of not less
 than twenty physicians licensed in this state for at least  five  years,
 two  of  whom shall be doctors of osteopathy. AT LEAST ONE OF THE PHYSI-
 CIAN APPOINTEES TO THE STATE BOARD FOR MEDICINE SHALL BE  AN  EXPERT  ON
 REDUCING  HEALTH  DISPARITIES AMONG DEMOGRAPHIC SUBGROUPS, AND ONE SHALL
 BE AN EXPERT ON WOMEN'S HEALTH. The board shall also consist of not less
 than two physician's assistants licensed to practice in this state.  The

 A. 9505--C                         174

 participation  of  physician's  assistant  members  shall  be limited to
 matters relating to article one hundred thirty-one-B of this chapter. An
 executive secretary to the board shall be  appointed  by  the  board  of
 regents  on  recommendation  of  the  commissioner and shall be either a
 physician licensed in this state or a non-physician, deemed qualified by
 the commissioner and board of regents.
   § 2. This act shall take effect immediately.
 
                                 SUBPART E
 
   Section 1. Subdivision 17 of  section  265.00  of  the  penal  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  ANY OF THE FOLLOWING OFFENSES, WHERE THE DEFENDANT AND THE PERSON
 AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE  SAME  FAMILY
 OR  HOUSEHOLD  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION 530.11 OF THE
 CRIMINAL PROCEDURE LAW: ASSAULT IN THE THIRD  DEGREE;  MENACING  IN  THE
 THIRD  DEGREE;  MENACING  IN  THE SECOND DEGREE; CRIMINAL OBSTRUCTION OF
 BREATHING OR BLOOD CIRCULATION;  UNLAWFUL  IMPRISONMENT  IN  THE  SECOND
 DEGREE;  COERCION  IN THE SECOND DEGREE; CRIMINAL MISCHIEF IN THE FOURTH
 DEGREE; CRIMINAL TAMPERING IN THE THIRD DEGREE; CRIMINAL CONTEMPT IN THE
 SECOND DEGREE; HARASSMENT IN THE FIRST DEGREE; AGGRAVATED HARASSMENT  IN
 THE SECOND DEGREE; CRIMINAL TRESPASS IN THE THIRD DEGREE; CRIMINAL TRES-
 PASS  IN  THE  SECOND DEGREE; ARSON IN THE FIFTH DEGREE; STALKING IN THE
 FOURTH DEGREE; STALKING IN THE THIRD DEGREE; SEXUAL MISCONDUCT; FORCIBLE
 TOUCHING; SEXUAL ABUSE IN THE THIRD DEGREE; SEXUAL ABUSE IN  THE  SECOND
 DEGREE; ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES.
   §  2.  The  criminal  procedure law is amended by adding a new section
 370.20 to read as follows:
 § 370.20 PROCEDURE FOR DETERMINING WHETHER  CERTAIN  MISDEMEANOR  CRIMES
            ARE SERIOUS OFFENSES UNDER THE PENAL LAW.
   1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT IN THE THIRD DEGREE,
 MENACING  IN  THE  THIRD DEGREE, MENACING IN THE SECOND DEGREE, CRIMINAL
 OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT  IN
 THE  SECOND  DEGREE, COERCION IN THE SECOND DEGREE, CRIMINAL MISCHIEF IN
 THE FOURTH DEGREE, CRIMINAL TAMPERING  IN  THE  THIRD  DEGREE,  CRIMINAL
 CONTEMPT  IN  THE  SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, AGGRA-
 VATED HARASSMENT IN THE SECOND DEGREE, CRIMINAL TRESPASS  IN  THE  THIRD
 DEGREE,  CRIMINAL  TRESPASS  IN  THE  SECOND  DEGREE, ARSON IN THE FIFTH
 DEGREE, STALKING IN THE FOURTH DEGREE, STALKING  IN  THE  THIRD  DEGREE,
 SEXUAL  MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE,
 SEXUAL ABUSE IN THE SECOND DEGREE, OR  ATTEMPT  TO  COMMIT  ANY  OF  THE
 ABOVE-LISTED  OFFENSES,  THE PEOPLE MAY, AT ARRAIGNMENT OR NO LATER THAN
 FORTY-FIVE DAYS AFTER ARRAIGNMENT, FOR THE PURPOSE  OF  NOTIFICATION  TO
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION 380.98 OF
 THIS PART, SERVE ON THE DEFENDANT AND  FILE  WITH  THE  COURT  A  NOTICE
 ALLEGING  THAT  THE DEFENDANT AND THE PERSON ALLEGED TO BE THE VICTIM OF
 SUCH CRIME WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
   2.  SUCH NOTICE SHALL INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE
 VICTIM OF SUCH CRIME  AND  SHALL  SPECIFY  THE  NATURE  OF  THE  ALLEGED
 RELATIONSHIP  AS  SET FORTH IN SUBDIVISION ONE OF SECTION 530.11 OF THIS
 CHAPTER. UPON CONVICTION OF SUCH OFFENSE, THE  COURT  SHALL  ADVISE  THE
 DEFENDANT  THAT HE OR SHE IS ENTITLED TO A HEARING SOLELY ON THE ALLEGA-
 TION CONTAINED IN THE NOTICE AND, IF NECESSARY, AN  ADJOURNMENT  OF  THE
 SENTENCING  PROCEEDING IN ORDER TO PREPARE FOR SUCH HEARING, AND THAT IF

 A. 9505--C                         175

 SUCH ALLEGATION IS SUSTAINED, THAT DETERMINATION AND CONVICTION WILL  BE
 REPORTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   3.  AFTER  HAVING BEEN ADVISED BY THE COURT AS PROVIDED IN SUBDIVISION
 TWO OF THIS SECTION, THE DEFENDANT MAY STIPULATE OR ADMIT, ORALLY ON THE
 RECORD OR IN WRITING, THAT HE OR SHE  IS  RELATED  OR  SITUATED  TO  THE
 VICTIM  OF SUCH CRIME IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION. IN SUCH CASE, SUCH RELATIONSHIP SHALL BE DEEMED ESTABLISHED FOR
 PURPOSES OF SECTION 380.98 OF THIS PART. IF THE DEFENDANT DENIES THAT HE
 OR SHE IS RELATED OR SITUATED TO THE VICTIM OF THE CRIME AS  ALLEGED  IN
 THE  NOTICE  SERVED  BY  THE PEOPLE, OR STANDS MUTE WITH RESPECT TO SUCH
 ALLEGATION, THEN THE PEOPLE SHALL BEAR THE  BURDEN  TO  PROVE  BEYOND  A
 REASONABLE DOUBT THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM
 IN  THE  MANNER  ALLEGED  IN THE NOTICE. THE COURT MAY CONSIDER RELIABLE
 HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT IS  RELEVANT
 TO THE DETERMINATION OF THE ALLEGATION. FACTS PREVIOUSLY PROVEN AT TRIAL
 OR  ELICITED  AT  THE  TIME OF ENTRY OF A PLEA OF GUILTY SHALL BE DEEMED
 ESTABLISHED BEYOND A REASONABLE DOUBT AND SHALL NOT BE  RELITIGATED.  AT
 THE  CONCLUSION OF THE HEARING, OR UPON SUCH A STIPULATION OR ADMISSION,
 AS APPLICABLE, THE COURT SHALL MAKE  A  SPECIFIC  WRITTEN  DETERMINATION
 WITH RESPECT TO SUCH ALLEGATION.
   §  3.  The  criminal  procedure law is amended by adding a new section
 380.98 to read as follows:
 § 380.98 NOTIFICATION  TO  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  OF
            CERTAIN MISDEMEANOR CONVICTIONS.
   UPON  JUDGMENT  OF CONVICTION OF ASSAULT IN THE THIRD DEGREE, MENACING
 IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION
 OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN  THE  SECOND
 DEGREE,  COERCION  IN THE SECOND DEGREE, CRIMINAL MISCHIEF IN THE FOURTH
 DEGREE, CRIMINAL TAMPERING IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE
 SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, OR AGGRAVATED  HARASSMENT
 IN  THE  SECOND  DEGREE, CRIMINAL TRESPASS IN THE THIRD DEGREE, CRIMINAL
 TRESPASS IN THE SECOND DEGREE, ARSON IN THE FIFTH  DEGREE,  STALKING  IN
 THE  FOURTH  DEGREE,  STALKING  IN  THE THIRD DEGREE, SEXUAL MISCONDUCT,
 FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE, SEXUAL ABUSE IN THE
 SECOND DEGREE, OR ATTEMPT TO COMMIT ANY OF  THE  ABOVE-LISTED  OFFENSES,
 WHEN  THE DEFENDANT AND VICTIM HAVE BEEN DETERMINED, PURSUANT TO SECTION
 370.20 OF THIS PART, TO BE MEMBERS OF THE SAME FAMILY  OR  HOUSEHOLD  AS
 DEFINED  IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, THE CLERK
 OF THE COURT SHALL INCLUDE NOTIFICATION AND A COPY OF THE WRITTEN DETER-
 MINATION IN A REPORT OF SUCH CONVICTION  TO  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES TO ENABLE THE DIVISION TO REPORT SUCH DETERMINATION TO
 THE FEDERAL BUREAU OF INVESTIGATION AND ASSIST THE BUREAU IN IDENTIFYING
 PERSONS PROHIBITED FROM PURCHASING AND POSSESSING  A  FIREARM  OR  OTHER
 WEAPON  DUE    TO CONVICTION OF AN OFFENSE SPECIFIED IN PARAGRAPH (C) OF
 SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THE PENAL LAW.
   § 4. Section 530.14 of the criminal procedure law is  REPEALED  and  a
 new section 530.14 is added to read as follows:
 § 530.14 SUSPENSION  AND  REVOCATION  OF  A  LICENSE  TO CARRY, POSSESS,
            REPAIR OR DISPOSE  OF  A  FIREARM  OR  FIREARMS  PURSUANT  TO
            SECTION  400.00 OF THE PENAL LAW AND INELIGIBILITY FOR SUCH A
            LICENSE; ORDER TO SURRENDER WEAPONS.
   1. WHENEVER A TEMPORARY ORDER OF  PROTECTION  IS  ISSUED  PURSUANT  TO
 SUBDIVISION  ONE  OF SECTION 530.12 OR SUBDIVISION ONE OF SECTION 530.13
 OF THIS ARTICLE THE COURT SHALL SUSPEND ANY FIREARMS  LICENSE  POSSESSED
 BY  THE DEFENDANT, ORDER THE DEFENDANT INELIGIBLE FOR SUCH A LICENSE AND
 ORDER THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF  PARAGRAPH

 A. 9505--C                         176
 
 ONE  OF  SUBDIVISION  A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
 400.05 OF THE PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND
 ANY OTHER FIREARMS OWNED OR POSSESSED BY THE DEFENDANT.
   2.  WHENEVER  AN ORDER OF PROTECTION IS ISSUED PURSUANT TO SUBDIVISION
 FIVE OF SECTION 530.12 OR SUBDIVISION FOUR OF  SECTION  530.13  OF  THIS
 ARTICLE  THE  COURT  SHALL  REVOKE,  SUSPEND  OR CONTINUE TO SUSPEND ANY
 FIREARMS LICENSE POSSESSED BY THE DEFENDANT, ORDER THE DEFENDANT  INELI-
 GIBLE  FOR  SUCH A LICENSE AND ORDER THE IMMEDIATE SURRENDER PURSUANT TO
 SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND
 SUBDIVISION SIX OF SECTION 400.05 OF THE  PENAL  LAW,  OF  ALL  PISTOLS,
 REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS OWNED OR POSSESSED BY
 THE DEFENDANT.
   3.  WHENEVER A DEFENDANT HAS BEEN FOUND PURSUANT TO SUBDIVISION ELEVEN
 OF SECTION 530.12 OR SUBDIVISION EIGHT OF SECTION 530.13 OF THIS ARTICLE
 TO HAVE WILLFULLY FAILED TO OBEY AN ORDER  OF  PROTECTION  ISSUED  BY  A
 COURT OF COMPETENT JURISDICTION IN THIS STATE OR ANOTHER STATE, TERRITO-
 RIAL OR TRIBAL JURISDICTION, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
 PURSUANT TO SUBDIVISION ELEVEN OF SECTION 530.12 OR SUBDIVISION EIGHT OF
 SECTION  530.13  OF  THIS  ARTICLE,  THE  COURT SHALL REVOKE, SUSPEND OR
 CONTINUE TO SUSPEND ANY FIREARMS LICENSE  POSSESSED  BY  THE  DEFENDANT,
 ORDER  THE DEFENDANT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDI-
 ATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVI-
 SION  A  OF  SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE
 PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES,  SHOTGUNS  AND  ANY  OTHER
 FIREARMS OWNED OR POSSESSED BY THE DEFENDANT.
   4.  SUSPENSION.   ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION
 SHALL REMAIN IN EFFECT FOR  THE  DURATION  OF  THE  TEMPORARY  ORDER  OF
 PROTECTION  OR  ORDER  OF  PROTECTION, UNLESS MODIFIED OR VACATED BY THE
 COURT.
   5. SURRENDER.  (A) WHERE AN ORDER TO SURRENDER ONE  OR  MORE  PISTOLS,
 REVOLVERS,  RIFLES,  SHOTGUNS  OR  OTHER  FIREARMS  HAS BEEN ISSUED, THE
 TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION SHALL  SPECIFY  THE
 PLACE  WHERE SUCH WEAPONS SHALL BE SURRENDERED, SHALL SPECIFY A DATE AND
 TIME BY WHICH THE SURRENDER SHALL BE COMPLETED AND, TO THE EXTENT POSSI-
 BLE, SHALL DESCRIBE SUCH WEAPONS TO BE SURRENDERED, AND SHALL DIRECT THE
 AUTHORITY RECEIVING SUCH SURRENDERED WEAPONS TO IMMEDIATELY  NOTIFY  THE
 COURT OF SUCH SURRENDER.
   (B)  THE  PROMPT  SURRENDER OF ONE OR MORE PISTOLS, REVOLVERS, RIFLES,
 SHOTGUNS OR OTHER FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT  TO
 THIS  SECTION  SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES OF
 SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20  OF
 THE  PENAL  LAW. THE DISPOSITION OF ANY SUCH WEAPONS SHALL BE IN ACCORD-
 ANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF  SECTION  400.05  OF  THE
 PENAL LAW.
   (C)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
 RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
 DIRECT  THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
 OR OTHER FIREARMS OWNED OR POSSESSED BY A DEFENDANT PURSUANT TO  SECTION
 530.12 OR 530.13 OF THIS ARTICLE.
   6.  NOTICE.    (A)  WHERE  AN  ORDER  REQUIRING SURRENDER, REVOCATION,
 SUSPENSION OR INELIGIBILITY HAS BEEN ISSUED PURSUANT  TO  THIS  SECTION,
 ANY  TEMPORARY  ORDER  OF PROTECTION OR ORDER OF PROTECTION ISSUED SHALL
 STATE THAT SUCH FIREARM LICENSE HAS BEEN SUSPENDED OR  REVOKED  OR  THAT
 THE  DEFENDANT  IS  INELIGIBLE FOR SUCH LICENSE, AS THE CASE MAY BE, AND
 THAT THE DEFENDANT IS PROHIBITED FROM POSSESSING ANY  PISTOL,  REVOLVER,
 RIFLE, SHOTGUN OR OTHER FIREARM.

 A. 9505--C                         177
 
   (B) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING THE DEFEND-
 ANT  INELIGIBLE  FOR  SUCH  A  LICENSE, OR ORDERING THE SURRENDER OF ANY
 PISTOL, REVOLVER, RIFLE, SHOTGUN  OR  OTHER  FIREARM  SHALL  IMMEDIATELY
 NOTIFY  THE DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY CONCERN-
 ING  SUCH  ACTION AND, IN THE CASE OF ORDERS OF PROTECTION AND TEMPORARY
 ORDERS OF PROTECTION ISSUED PURSUANT TO SECTION 530.12 OF THIS  ARTICLE,
 SHALL IMMEDIATELY NOTIFY THE STATEWIDE REGISTRY OF ORDERS OF PROTECTION.
   (C)  THE  COURT  REVOKING  OR  SUSPENDING  THE LICENSE OR ORDERING THE
 DEFENDANT INELIGIBLE FOR SUCH A LICENSE SHALL GIVE WRITTEN NOTICE THERE-
 OF WITHOUT UNNECESSARY DELAY TO THE DIVISION  OF  STATE  POLICE  AT  ITS
 OFFICE IN THE CITY OF ALBANY.
   (D) WHERE AN ORDER OF REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
 DER  IS  MODIFIED  OR  VACATED,  THE  COURT SHALL IMMEDIATELY NOTIFY THE
 STATEWIDE REGISTRY OF ORDERS OF  PROTECTION  AND  THE  DULY  CONSTITUTED
 POLICE AUTHORITIES OF THE LOCALITY CONCERNING SUCH ACTION AND SHALL GIVE
 WRITTEN  NOTICE  THEREOF  WITHOUT  UNNECESSARY  DELAY TO THE DIVISION OF
 STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
   7. HEARING.  THE DEFENDANT SHALL HAVE THE RIGHT TO  A  HEARING  BEFORE
 THE COURT REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
 DER ORDER ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN THIS
 SUBDIVISION  SHALL  PRECLUDE THE COURT FROM ISSUING ANY SUCH ORDER PRIOR
 TO A HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A  HEAR-
 ING,  IT  SHALL  COMMENCE  SUCH HEARING WITHIN FOURTEEN DAYS OF THE DATE
 SUCH ORDER WAS ISSUED.
   8. NOTHING IN THIS SECTION SHALL DELAY OR OTHERWISE INTERFERE WITH THE
 ISSUANCE OF A TEMPORARY ORDER OF PROTECTION OR THE TIMELY ARRAIGNMENT OF
 A DEFENDANT IN CUSTODY.
   § 5. Section 842-a of the family court  act  is  REPEALED  and  a  new
 section 842-a is added to read as follows:
   §  842-A.  SUSPENSION  AND  REVOCATION OF A LICENSE TO CARRY, POSSESS,
 REPAIR OR DISPOSE OF A FIREARM OR FIREARMS PURSUANT TO SECTION 400.00 OF
 THE PENAL LAW AND INELIGIBILITY FOR SUCH A LICENSE; ORDER  TO  SURRENDER
 WEAPONS.  1. WHENEVER A TEMPORARY ORDER OF PROTECTION IS ISSUED PURSUANT
 TO  SECTION  EIGHT  HUNDRED TWENTY-EIGHT OF THIS ARTICLE, OR PURSUANT TO
 ARTICLE FOUR, FIVE, SIX, SEVEN OR  TEN  OF  THIS  ACT  THE  COURT  SHALL
 SUSPEND  ANY  FIREARMS  LICENSE   POSSESSED BY THE RESPONDENT, ORDER THE
 RESPONDENT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURREN-
 DER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVISION  A  OF
 SECTION  265.20  AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW,
 OF ALL PISTOLS, REVOLVERS,  RIFLES,  SHOTGUNS  AND  ANY  OTHER  FIREARMS
 OWNED OR POSSESSED BY THE RESPONDENT.
   2. WHENEVER AN ORDER OF PROTECTION IS ISSUED PURSUANT TO SECTION EIGHT
 HUNDRED  FORTY-ONE OF THIS PART, OR PURSUANT TO ARTICLE FOUR, FIVE, SIX,
 SEVEN OR TEN OF THIS ACT THE COURT SHALL REVOKE, SUSPEND OR CONTINUE  TO
 SUSPEND  ANY  FIREARMS  LICENSE  POSSESSED  BY THE RESPONDENT, ORDER THE
 RESPONDENT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURREN-
 DER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVISION  A  OF
 SECTION  265.20 AND SUBDIVISION SIX OF  SECTION 400.05 OF THE PENAL LAW,
 OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS OWNED
 OR POSSESSED BY THE RESPONDENT.
   3. WHENEVER A RESPONDENT HAS BEEN  FOUND  PURSUANT  TO  SECTION  EIGHT
 HUNDRED  FORTY-SIX-A  OF  THIS  PART TO HAVE WILLFULLY FAILED TO OBEY AN
 ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT  TO
 THIS  ACT  OR THE DOMESTIC RELATIONS LAW, OR BY THIS COURT OR BY A COURT
 OF COMPETENT JURISDICTION IN THIS  STATE OR ANOTHER  STATE,  TERRITORIAL
 OR  TRIBAL  JURISDICTION,  IN  ADDITION  TO ANY OTHER REMEDIES AVAILABLE

 A. 9505--C                         178
 
 PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-A OF THIS   PART, THE  COURT
 SHALL  REVOKE,  SUSPEND  OR  CONTINUE  TO SUSPEND ANY FIREARMS   LICENSE
 POSSESSED BY THE RESPONDENT, ORDER THE RESPONDENT INELIGIBLE FOR SUCH  A
 LICENSE  AND  ORDER THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F)
 OF  PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX
 OF SECTION 400.05 OF THE PENAL LAW, OF ALL PISTOLS,  REVOLVERS,  RIFLES,
 SHOTGUNS AND ANY OTHER FIREARMS OWNED OR POSSESSED BY THE RESPONDENT.
   4.  SUSPENSION.  ANY  SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION
 SHALL REMAIN IN EFFECT FOR  THE  DURATION  OF  THE  TEMPORARY  ORDER  OF
 PROTECTION  OR  ORDER  OF  PROTECTION, UNLESS MODIFIED OR VACATED BY THE
 COURT.
   5. SURRENDER. (A) WHERE AN ORDER TO SURRENDER  ONE  OR  MORE  PISTOLS,
 REVOLVERS,  RIFLES,  SHOTGUNS  OR  OTHER  FIREARMS  HAS BEEN ISSUED, THE
 TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION SHALL  SPECIFY  THE
 PLACE  WHERE SUCH WEAPONS SHALL BE SURRENDERED, SHALL SPECIFY A DATE AND
 TIME BY WHICH THE   SURRENDER SHALL BE  COMPLETED  AND,  TO  THE  EXTENT
 POSSIBLE,  SHALL  DESCRIBE  SUCH  WEAPONS  TO  BE SURRENDERED, AND SHALL
 DIRECT THE AUTHORITY RECEIVING SUCH  SURRENDERED WEAPONS TO  IMMEDIATELY
 NOTIFY THE COURT OF SUCH SURRENDER.
   (B)  THE  PROMPT  SURRENDER OF ONE OR MORE PISTOLS, REVOLVERS, RIFLES,
 SHOTGUNS OR OTHER FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT  TO
 THIS   SECTION SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES OF
 SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20  OF
 THE  PENAL LAW. THE  DISPOSITION OF ANY SUCH WEAPONS SHALL BE IN ACCORD-
 ANCE WITH THE PROVISIONS OF  SUBDIVISION SIX OF SECTION  400.05  OF  THE
 PENAL LAW.
   (C)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
 RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
 DIRECT  THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
 OR OTHER FIREARMS OWNED OR  POSSESSED BY A RESPONDENT PURSUANT  TO  THIS
 ACT.
   6. NOTICE. (A) WHERE AN ORDER REQUIRING SURRENDER, REVOCATION, SUSPEN-
 SION  OR  INELIGIBILITY  HAS  BEEN  ISSUED PURSUANT TO THIS SECTION, ANY
 TEMPORARY ORDER  OF PROTECTION OR ORDER OF PROTECTION ISSUED SHALL STATE
 THAT SUCH FIREARM LICENSE HAS BEEN SUSPENDED  OR  REVOKED  OR  THAT  THE
 RESPONDENT  IS INELIGIBLE FOR SUCH LICENSE, AS THE CASE MAY BE, AND THAT
 THE RESPONDENT IS  PROHIBITED  FROM  POSSESSING  ANY  PISTOL,  REVOLVER,
 RIFLE, SHOTGUN OR OTHER FIREARM.
   (B)  THE  COURT  REVOKING  OR  SUSPENDING  THE  LICENSE,  ORDERING THE
 RESPONDENT INELIGIBLE FOR SUCH A LICENSE, OR ORDERING THE  SURRENDER  OF
 ANY  PISTOL, REVOLVER, RIFLE, SHOTGUN OR OTHER FIREARM SHALL IMMEDIATELY
 NOTIFY THE STATEWIDE REGISTRY OF  ORDERS  OF  PROTECTION  AND  THE  DULY
 CONSTITUTED POLICE AUTHORITIES OF  THE LOCALITY OF SUCH ACTION.
   (C)  THE  COURT  REVOKING  OR  SUSPENDING  THE LICENSE OR ORDERING THE
 RESPONDENT INELIGIBLE FOR SUCH A LICENSE SHALL GIVE WRITTEN NOTICE THER-
 EOF  WITHOUT UNNECESSARY DELAY TO THE DIVISION OF STATE  POLICE  AT  ITS
 OFFICE IN THE CITY OF ALBANY.
   (D) WHERE AN ORDER OF REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
 DER  IS  MODIFIED  OR  VACATED,  THE  COURT SHALL IMMEDIATELY NOTIFY THE
 STATEWIDE REGISTRY OF ORDERS OF  PROTECTION  AND  THE  DULY  CONSTITUTED
 POLICE AUTHORITIES OF THE LOCALITY CONCERNING SUCH ACTION AND SHALL GIVE
 WRITTEN  NOTICE  THEREOF    WITHOUT UNNECESSARY DELAY TO THE DIVISION OF
 STATE POLICE AT ITS OFFICE IN THE  CITY OF ALBANY.
   7. HEARING. THE RESPONDENT SHALL HAVE THE RIGHT TO  A  HEARING  BEFORE
 THE COURT REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
 DER  ORDER    ISSUED  PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN

 A. 9505--C                         179
 
 THIS SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING  ANY  SUCH  ORDER
 PRIOR TO A HEARING. WHERE THE  COURT HAS ISSUED SUCH AN ORDER PRIOR TO A
 HEARING,  IT  SHALL  COMMENCE SUCH   HEARING WITHIN FOURTEEN DAYS OF THE
 DATE SUCH ORDER WAS ISSUED.
   8. NOTHING IN THIS SECTION SHALL DELAY OR OTHERWISE INTERFERE WITH THE
 ISSUANCE OF A TEMPORARY ORDER OF PROTECTION.
   § 6. Intentionally omitted.
   §  7.  Paragraph  (c)  of subdivision 1 of section 400.00 of the penal
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (c)  who  has  not  been  convicted  anywhere of a felony or a serious
 offense OR WHO IS NOT THE SUBJECT OF AN OUTSTANDING  WARRANT  OF  ARREST
 ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE;
   §  8.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                 SUBPART F
 
   Section 1. Section 135.60 of the penal law, as amended by chapter  426
 of the laws of 2008, is amended to read as follows:
 § 135.60 Coercion in the [second] THIRD degree.
   A person is guilty of coercion in the [second] THIRD degree when he or
 she  compels  or  induces a person to engage in conduct which the latter
 has a legal right to abstain from engaging in, or to abstain from engag-
 ing in conduct in which he or she  has  a  legal  right  to  engage,  or
 compels  or  induces  a person to join a group, organization or criminal
 enterprise which such latter person has a right to abstain from joining,
 by means of instilling in him or her a fear that, if the demand  is  not
 complied with, the actor or another will:
   1. Cause physical injury to a person; or
   2. Cause damage to property; or
   3. Engage in other conduct constituting a crime; or
   4.  Accuse  some  person  of  a  crime or cause criminal charges to be
 instituted against him or her; or
   5. Expose a secret or publicize an  asserted  fact,  whether  true  or
 false,  tending  to subject some person to hatred, contempt or ridicule;
 or
   6. Cause a strike, boycott or  other  collective  labor  group  action
 injurious to some person's business; except that such a threat shall not
 be deemed coercive when the act or omission compelled is for the benefit
 of the group in whose interest the actor purports to act; or
   7. Testify or provide information or withhold testimony or information
 with respect to another's legal claim or defense; or
   8.  Use or abuse his or her position as a public servant by performing
 some act within or related to his or her official duties, or by  failing
 or  refusing  to  perform  an official duty, in such manner as to affect
 some person adversely; or
   9. Perform any other act which would not in itself materially  benefit
 the actor but which is calculated to harm another person materially with
 respect  to his or her health, safety, business, calling, career, finan-
 cial condition, reputation or personal relationships.
   Coercion in the [second] THIRD degree is a class A misdemeanor.
   § 2. The penal law is amended by adding a new section 135.61  to  read
 as follows:
 § 135.61 COERCION IN THE SECOND DEGREE.

 A. 9505--C                         180
 
   A  PERSON  IS  GUILTY  OF COERCION IN THE SECOND DEGREE WHEN HE OR SHE
 COMMITS THE CRIME OF COERCION IN THE THIRD DEGREE AS DEFINED IN  SECTION
 135.60 OF THIS ARTICLE AND THEREBY COMPELS OR INDUCES A PERSON TO ENGAGE
 IN  SEXUAL  INTERCOURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT AS
 SUCH TERMS ARE DEFINED IN SECTION 130 OF THE PENAL LAW.
   COERCION IN THE SECOND DEGREE IS A CLASS E FELONY.
   § 3. Section 135.65 of the penal law, as amended by chapter 426 of the
 laws of 2008, is amended to read as follows:
 § 135.65 Coercion in the first degree.
   A  person  is  guilty  of  coercion in the first degree when he or she
 commits the crime of coercion in the [second] THIRD degree, and when:
   1. He or she commits such crime by instilling in  the  victim  a  fear
 that he or she will cause physical injury to a person or cause damage to
 property; or
   2. He or she thereby compels or induces the victim to:
   (a) Commit or attempt to commit a felony; or
   (b) Cause or attempt to cause physical injury to a person; or
   (c) Violate his or her duty as a public servant.
   Coercion in the first degree is a class D felony.
   §  4.  The opening paragraph of subdivision 1 of section 530.11 of the
 criminal procedure law, as amended by chapter 526 of the laws  of  2013,
 is amended to read as follows:
   The  family court and the criminal courts shall have concurrent juris-
 diction over any  proceeding  concerning  acts  which  would  constitute
 disorderly  conduct,  harassment  in the first degree, harassment in the
 second degree,  aggravated  harassment  in  the  second  degree,  sexual
 misconduct,  forcible touching, sexual abuse in the third degree, sexual
 abuse in the second degree as set forth in subdivision  one  of  section
 130.60  of  the penal law, 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,  strangulation  in  the  first
 degree,  strangulation  in  the  second  degree, criminal obstruction of
 breathing or blood circulation, assault in the second degree, assault in
 the third degree, an attempted assault,  identity  theft  in  the  first
 degree, identity theft in the second degree, identity theft in the third
 degree,  grand  larceny in the fourth degree, grand larceny in the third
 degree [or], coercion in the second degree  OR  COERCION  IN  THE  THIRD
 DEGREE as set forth in subdivisions one, two and three of section 135.60
 of  the  penal  law 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, then the family court shall
 have exclusive jurisdiction  over  such  proceeding.  Notwithstanding  a
 complainant's  election  to  proceed in family court, the criminal court
 shall not be divested of jurisdiction to hear a family offense  proceed-
 ing  pursuant to this section. For purposes of this section, "disorderly
 conduct" includes disorderly conduct not in a public place. For purposes
 of this section, "members of the same family or household" with  respect
 to a proceeding in the criminal courts shall mean the following:
   §  5.  The  opening  paragraph  of subdivision 1 of section 812 of the
 family court act, as amended by chapter 526 of  the  laws  of  2013,  is
 amended to read as follows:
   The  family court and the criminal courts shall have concurrent juris-
 diction over any  proceeding  concerning  acts  which  would  constitute
 disorderly  conduct,  harassment  in the first degree, harassment in the

 A. 9505--C                         181
 
 second degree,  aggravated  harassment  in  the  second  degree,  sexual
 misconduct,  forcible touching, sexual abuse in the third degree, sexual
 abuse in the second degree as set forth in subdivision  one  of  section
 130.60  of  the penal law, 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, criminal obstruction of breath-
 ing or blood circulation, strangulation in the second degree, strangula-
 tion in the first degree, assault in the second degree, assault  in  the
 third  degree, an attempted assault, identity theft in the first degree,
 identity theft in the second degree, identity theft in the third degree,
 grand larceny in the fourth degree, grand larceny in  the  third  degree
 [or],  coercion  in the second degree OR COERCION IN THE THIRD DEGREE as
 set forth in subdivisions one, two and three of section  135.60  of  the
 penal law 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, then  the  family  court  shall  have
 exclusive   jurisdiction   over   such   proceeding.  Notwithstanding  a
 complainant's election to proceed in family court,  the  criminal  court
 shall  not be divested of jurisdiction to hear a family offense proceed-
 ing pursuant to this section. In any proceeding pursuant to  this  arti-
 cle,  a  court shall not deny an order of protection, or dismiss a peti-
 tion, solely on the basis that  the  acts  or  events  alleged  are  not
 relatively contemporaneous with the date of the petition, the conclusion
 of  the fact-finding or the conclusion of the dispositional hearing. For
 purposes of  this  article,  "disorderly  conduct"  includes  disorderly
 conduct not in a public place. For purposes of this article, "members of
 the same family or household" shall mean the following:
   § 6. Paragraph (a) of subdivision 1 of section 821 of the family court
 act,  as  amended by chapter 526 of the laws of 2013, is amended to read
 as follows:
   (a) An allegation  that  the  respondent  assaulted  or  attempted  to
 assault  his  or  her  spouse,  or former spouse, parent, child or other
 member of the same family or household or engaged in disorderly conduct,
 harassment, sexual misconduct, forcible touching, sexual  abuse  in  the
 third degree, sexual abuse in the second degree as set forth in subdivi-
 sion  one  of  section  130.60  of  the  penal  law,  stalking, criminal
 mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
 breathing  or  blood  circulation,  strangulation, identity theft in the
 first degree, identity theft in the second degree, identity theft in the
 third degree, grand larceny in the fourth degree, grand larceny  in  the
 third  degree  [or],  coercion  in  the second degree OR COERCION IN THE
 THIRD DEGREE as set forth in subdivisions one, two and three of  section
 135.60 of the penal law, toward any such person;
   §  7. Paragraph c of subdivision 5 of section 120.40 of the penal law,
 as added by chapter 635 of the laws of  1999,  is  amended  to  read  as
 follows:
   c. assault in the third degree, as defined in section 120.00; menacing
 in  the  first  degree,  as  defined  in section 120.13; menacing in the
 second degree, as defined in  section  120.14;  coercion  in  the  first
 degree,  as defined in section 135.65; coercion in the second degree, as
 defined in section 135.61; COERCION IN THE THIRD DEGREE, AS  DEFINED  IN
 SECTION  135.60;  aggravated harassment in the second degree, as defined
 in section 240.30; harassment in the first degree, as defined in section
 240.25; menacing in the third degree,  as  defined  in  section  120.15;

 A. 9505--C                         182

 criminal  mischief  in  the  third degree, as defined in section 145.05;
 criminal mischief in the second degree, as defined  in  section  145.10,
 criminal  mischief  in  the  first degree, as defined in section 145.12;
 criminal  tampering  in  the first degree, as defined in section 145.20;
 arson in the fourth degree, as defined in section 150.05; arson  in  the
 third  degree,  as  defined  in section 150.10; criminal contempt in the
 first degree, as defined in section 215.51; endangering the welfare of a
 child, as defined in section 260.10; or
   § 8. Subdivision 2 of section 240.75 of the penal  law,  as  added  by
 section  2  of  part D of chapter 491 of the laws of 2012, is amended to
 read as follows:
   2. A "specified offense" is  an  offense  defined  in  section  120.00
 (assault  in  the  third  degree); section 120.05 (assault in the second
 degree); section 120.10 (assault in the first  degree);  section  120.13
 (menacing  in  the first degree); section 120.14 (menacing in the second
 degree); section 120.15 (menacing in the third degree);  section  120.20
 (reckless  endangerment  in the second degree); section 120.25 (reckless
 endangerment in the first  degree);  section  120.45  (stalking  in  the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first  degree);  section  121.11  (criminal  obstruction of breathing or
 blood circulation); section 121.12 (strangulation in the second degree);
 section 121.13 (strangulation in the first degree); subdivision  one  of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25 (murder in the second degree);  section  130.20  (sexual  miscon-
 duct);  section 130.30 (rape in the second degree); section 130.35 (rape
 in the first degree); section 130.40 (criminal sexual act in  the  third
 degree);  section  130.45  (criminal  sexual  act in the second degree);
 section 130.50 (criminal sexual act in the first degree); section 130.52
 (forcible touching); section 130.53 (persistent sexual  abuse);  section
 130.55  (sexual abuse in the third degree); section 130.60 (sexual abuse
 in the second  degree);  section  130.65  (sexual  abuse  in  the  first
 degree);  section  130.66 (aggravated sexual abuse in the third degree);
 section 130.67 (aggravated sexual abuse in the second  degree);  section
 130.70  (aggravated  sexual  abuse  in the first degree); section 130.91
 (sexually motivated felony); section 130.95 (predatory sexual  assault);
 section  130.96  (predatory  sexual  assault  against  a child); section
 135.05 (unlawful imprisonment in  the  second  degree);  section  135.10
 (unlawful imprisonment in the first degree); section 135.60 (coercion in
 the  [second]  THIRD  degree);  SECTION  135.61  (COERCION IN THE SECOND
 DEGREE); section 135.65 (coercion in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 145.14 (criminal tampering in the third degree); section  215.50
 (criminal  contempt  in  the  second  degree);  section 215.51 (criminal
 contempt in the  first  degree);  section  215.52  (aggravated  criminal
 contempt);  section 240.25 (harassment in the first degree); subdivision
 one, two or four of section 240.30 (aggravated harassment in the  second
 degree);  aggravated  family  offense  as defined in this section or any
 attempt or conspiracy to commit any of the foregoing offenses where  the
 defendant  and  the  person  against whom the offense was committed were

 A. 9505--C                         183
 
 members of the same family or household as defined in subdivision one of
 section 530.11 of the criminal procedure law.
   §  9.  Subdivision 3 of section 485.05 of the penal law, as amended by
 chapter 405 of the laws of 2010, is amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); subdivision one of section  130.35  (rape  in  the  first
 degree);  subdivision  one of section 130.50 (criminal sexual act in the
 first degree); subdivision one of section 130.65 (sexual  abuse  in  the
 first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
 (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
 vision  one  of  section  130.70  (aggravated  sexual abuse in the first
 degree); section 135.05 (unlawful imprisonment in  the  second  degree);
 section  135.10  (unlawful  imprisonment  in  the first degree); section
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in  the [second] THIRD
 degree); SECTION 135.61 (COERCION IN THE SECOND DEGREE); section  135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third  degree); section 140.15 (criminal trespass in the second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of section 240.30 (aggravated harassment in the second degree); or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 10. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.

                                 SUBPART G
 
   Section 1. Subdivision 4 of section 2805-i of the public health law is
 REPEALED.

 A. 9505--C                         184
 
   §  2.  Subdivision  2  of  section 2805-i of the public health law, as
 amended by chapter 504 of the laws  of  1994,  is  amended  to  read  as
 follows:
   2. The sexual offense evidence shall be collected and kept in a locked
 separate  and  secure area for not less than [thirty days] THE LONGER OF
 FIVE YEARS OR THE DATE THE ALLEGED SEXUAL OFFENSE VICTIM REACHES THE AGE
 OF NINETEEN, unless: (a) such evidence is not privileged and the  police
 request  its surrender before that time, which request shall be complied
 with; or (b) such evidence is privileged  and  (i)  the  alleged  sexual
 offense  victim  nevertheless  gives  permission to turn such privileged
 evidence over to the police before that time, or (ii) the alleged sexual
 offense victim signs a statement directing the hospital to  not  collect
 and  keep  such  privileged  evidence, which direction shall be complied
 with. The sexual offense evidence shall include, but not be limited  to,
 slides,  cotton  swabs, clothing and other items. Where appropriate such
 items must be refrigerated and the clothes  and  swabs  must  be  dried,
 stored  in paper bags and labeled. Each item of evidence shall be marked
 and logged with a code number corresponding  to  the  patient's  medical
 record.  [The] WITHIN THIRTY DAYS OF COLLECTION OF EVIDENCE, THE alleged
 sexual offense victim shall be notified that  after  [thirty  days]  THE
 LONGER  OF  FIVE  YEARS  OR  THE  DATE THE ALLEGED SEXUAL OFFENSE VICTIM
 REACHES THE AGE OF NINETEEN, the refrigerated evidence will be discarded
 in compliance with state and local health codes and the  alleged  sexual
 offense  victim's clothes will be returned to the alleged sexual offense
 victim upon request. THE HOSPITAL SHALL ENSURE THAT DILIGENT EFFORTS ARE
 MADE TO CONTACT THE  ALLEGED  SEXUAL  OFFENSE  VICTIM  AND  REPEAT  SUCH
 NOTIFICATION MORE THAN THIRTY DAYS PRIOR TO THE EVIDENCE BEING DISCARDED
 IN ACCORDANCE WITH THIS SECTION. HOSPITALS MAY ENTER INTO CONTRACTS WITH
 OTHER  ENTITIES  THAT  WILL ENSURE APPROPRIATE STORAGE OF SEXUAL OFFENSE
 EVIDENCE PURSUANT TO THIS SUBDIVISION.
   § 2-a. Subdivision 1 of section 2805-i of the public  health  law,  as
 amended  by chapter 504 of the laws of 1994 and paragraph (c) as amended
 by chapter 39 of the laws of 2012, is amended to read as follows:
   1. Every hospital providing treatment to alleged victims of  a  sexual
 offense shall be responsible for:
   (a)  maintaining  sexual  offense evidence and the chain of custody as
 provided in subdivision two of this section[.];
   (b) contacting a rape crisis or  victim  assistance  organization,  if
 any,  providing  victim assistance to the geographic area served by that
 hospital to establish the coordination of non-medical services to sexual
 offense victims who request such coordination and services[.];
   (c) offering and making available appropriate HIV post-exposure treat-
 ment therapies; including a seven day starter pack of HIV  post-exposure
 prophylaxis,  in  cases where it has been determined, in accordance with
 guidelines issued by the commissioner, that a  significant  exposure  to
 HIV  has  occurred, and informing the victim that payment assistance for
 such therapies may be available  from  the  office  of  victim  services
 pursuant  to  the provisions of article twenty-two of the executive law.
 With the consent of the victim of a sexual assault, the  hospital  emer-
 gency  room  department  shall provide or arrange for an appointment for
 medical follow-up related to HIV  post-exposure  prophylaxis  and  other
 care as appropriate; AND
   (D)  ENSURING  SEXUAL  ASSAULT  SURVIVORS  ARE  NOT  BILLED FOR SEXUAL
 ASSAULT FORENSIC EXAMS AND ARE NOTIFIED ORALLY AND  IN  WRITING  OF  THE
 OPTION  TO  DECLINE  TO PROVIDE PRIVATE HEALTH INSURANCE INFORMATION AND
 HAVE THE OFFICE OF VICTIM SERVICES REIMBURSE THE HOSPITAL FOR  THE  EXAM

 A. 9505--C                         185
 
 PURSUANT  TO  SUBDIVISION  THIRTEEN OF SECTION SIX HUNDRED THIRTY-ONE OF
 THE EXECUTIVE LAW.
   §  2-b. Subdivision 13 of section 631 of the executive law, as amended
 by chapter 39 of the laws of 2012, is amended to read as follows:
   13. Notwithstanding any other provision of law, rule, or regulation to
 the contrary, when any New York state  accredited  hospital,  accredited
 sexual  assault  examiner  program,  or  licensed  health  care provider
 furnishes services to any sexual assault  survivor,  including  but  not
 limited to a health care forensic examination in accordance with the sex
 offense  evidence  collection  protocol and standards established by the
 department of health, such hospital, sexual assault examiner program, or
 licensed healthcare provider shall provide such services to  the  person
 without  charge  and  shall  bill  the  office  directly. The office, in
 consultation with the department of health, shall  define  the  specific
 services to be covered by the sexual assault forensic exam reimbursement
 fee,  which must include at a minimum forensic examiner services, hospi-
 tal or healthcare facility services related to  the  exam,  and  related
 laboratory tests and necessary pharmaceuticals; including but not limit-
 ed  to  HIV  post-exposure  prophylaxis provided by a hospital emergency
 room at the time of the forensic rape examination pursuant to  paragraph
 (c)  of  subdivision  one  of section twenty-eight hundred five-i of the
 public health law. Follow-up HIV post-exposure prophylaxis  costs  shall
 continue to be reimbursed according to established office procedure. The
 office, in consultation with the department of health, shall also gener-
 ate  the  necessary  regulations  and forms for the direct reimbursement
 procedure. The rate for reimbursement shall be the  amount  of  itemized
 charges not exceeding eight hundred dollars, to be reviewed and adjusted
 annually  by  the  office in consultation with the department of health.
 The hospital, sexual assault examiner program, or licensed  health  care
 provider  must  accept  this  fee as payment in full for these specified
 services. No additional billing of the survivor  for  said  services  is
 permissible.  A  sexual  assault  survivor  may  voluntarily  assign any
 private insurance benefits to which  she  or  he  is  entitled  for  the
 healthcare  forensic  examination, in which case the hospital or health-
 care provider may not charge the office; PROVIDED, HOWEVER, IN THE EVENT
 THE SEXUAL ASSAULT SURVIVOR ASSIGNS ANY PRIVATE HEALTH  INSURANCE  BENE-
 FIT, SUCH COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSU-
 RANCE  OR  BALANCE  BILLING  BY  THE  HOSPITAL,  SEXUAL ASSAULT EXAMINER
 PROGRAM OR LICENSED HEALTH CARE PROVIDER.   A hospital,  sexual  assault
 examiner  program or licensed health care provider shall, at the time of
 the initial visit, request assignment of any  private  health  insurance
 benefits  to  which  the  sexual  assault survivor is entitled on a form
 prescribed by the office; provided, however, such sexual assault  survi-
 vor shall be advised orally and in writing that he or she may decline to
 provide  such information regarding private health insurance benefits if
 he or she believes that the provision of such information would substan-
 tially interfere with his or her personal privacy or safety and in  such
 event, the sexual assault forensic exam fee shall be paid by the office.
 Such  sexual  assault survivor shall also be advised that providing such
 information may provide additional resources  to  pay  for  services  to
 other  sexual  assault  victims.  If  he or she declines to provide such
 health insurance information, he or she shall indicate such decision  on
 the  form  provided  by the hospital, sexual assault examiner program or
 licensed health care provider, which form shall  be  prescribed  by  the
 office.

 A. 9505--C                         186
 
   §  2-c. Subsection (i) of section 3216 of the insurance law is amended
 by adding a new paragraph 34 to read as follows:
   (34)  HEALTH  CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED  UNDER  THE
 POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   §  2-d. Subsection (l) of section 3221 of the insurance law is amended
 by adding a new paragraph 20 to read as follows:
   (20) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT  TO  SECTION
 TWENTY-EIGHT  HUNDRED  FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
 POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   § 2-e. Section 4303 of the insurance law is amended by  adding  a  new
 subsection (rr) to read as follows:
   (RR)  HEALTH  CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED  UNDER  THE
 CONTRACT SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   §  3.  This  act  shall take effect immediately and shall apply to all
 policies and contracts issued, renewed, modified, altered or amended  on
 or after the first of January next succeeding such effective date.
 
                                 SUBPART H
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 35 to read as follows:
   35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
   (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
 THE  PUBLIC  TO  BE NON-SECRETARIAN AND EXEMPT FROM TAXATION PURSUANT TO
 THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
   (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
   § 2. Subdivision 4 of section 296 of the executive law, as amended  by
 chapter 106 of the laws of 2003, is amended to read as follows:
   4.  It  shall be an unlawful discriminatory practice for an [education
 corporation or association which holds itself out to the  public  to  be
 non-sectarian  and  exempt  from  taxation pursuant to the provisions of
 article four of the real property tax law]  EDUCATIONAL  INSTITUTION  to
 deny  the use of its facilities to any person otherwise qualified, or to
 permit the harassment of any student or  applicant,  by  reason  of  his
 race,  color, religion, disability, national origin, sexual orientation,
 military status, sex, age or marital status, except that any such insti-
 tution which establishes or maintains a policy of educating  persons  of
 one sex exclusively may admit students of only one sex.
   § 3. This act shall take effect immediately.
 
                                 SUBPART I
 
                                 SUBPART I
 
   Section  1. The executive law is amended by adding a new section 294-d
 to read as follows:
   § 294-D. DISCRIMINATION AND SEXUAL HARASSMENT FORM. THE DIVISION SHALL
 PROMULGATE A FORM WHICH SHALL RECORD THE FOLLOWING: (A)  THE  NUMBER  OF
 UNLAWFUL  DISCRIMINATORY PRACTICES, DISCRIMINATION AND SEXUAL HARASSMENT
 ALLEGATIONS BY CATEGORY, THE NUMBER OF INVESTIGATIONS CONDUCTED, AND THE
 OUTCOMES OF SUCH INVESTIGATIONS IN THE PREVIOUS CALENDAR YEAR;  (B)  THE
 NUMBER  OF  SETTLEMENT  AGREEMENTS,  AND  THE  NUMBER OF SUCH AGREEMENTS

 A. 9505--C                         187
 
 CONTAINING NONDISCLOSURE PROVISIONS THAT HAVE BEEN EXECUTED BY THE AGEN-
 CY OR ITS REPRESENTATIVES IN  THE  PREVIOUS  CALENDAR  YEAR  WHERE  SUCH
 SETTLEMENT  AGREEMENT  RESOLVES  ANY  UNLAWFUL DISCRIMINATORY PRACTICES,
 DISCRIMINATION  OR SEXUAL HARASSMENT CLAIM ASSERTED AGAINST OR COMMITTED
 BY ANY EMPLOYEE; AND (C) A  DESCRIPTION  OF  ALL  TRAINING  PROVIDED  TO
 EMPLOYEES   RELATING  TO  DISCRIMINATION,  INCLUDING  SEXUAL  HARASSMENT
 PREVENTION IN THE WORKPLACE IN THE PREVIOUS CALENDAR YEAR.    SUCH  FORM
 SHALL BE POSTED ON THE DIVISION'S WEBSITE.
   §  2.  The  executive  law is amended by adding a new section 170-c to
 read as follows:
   § 170-C. REPORTING OF DISCRIMINATION AND SEXUAL HARASSMENT  VIOLATIONS
 BY  AGENCIES. 1.  AS USED IN THIS SECTION, THE FOLLOWING TERM SHALL HAVE
 THE FOLLOWING MEANING UNLESS OTHERWISE SPECIFIED:
   "AGENCY" SHALL MEAN ANY STATE OR MUNICIPAL DEPARTMENT, BOARD,  BUREAU,
 DIVISION,  COMMISSION,  COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPORATION,
 COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING  A  GOVERNMENTAL
 OR  PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE MUNICIPALITIES
 THEREOF.
   2. ALL AGENCIES SHALL SUBMIT A REPORT TO THE DIVISION OF HUMAN  RIGHTS
 NO LATER THAN JUNE THIRTIETH OF EACH YEAR CONTAINING INFORMATION RELATED
 TO  THE  ISSUE  OF  UNLAWFUL  DISCRIMINATORY  PRACTICES  AS SUCH TERM IS
 DEFINED IN SECTION TWO HUNDRED NINETY-TWO  OF  THIS  CHAPTER,  DISCRIMI-
 NATION,  AND SEXUAL HARASSMENT IN THE WORKPLACE, WHICH SHALL INCLUDE THE
 FOLLOWING: (A) THE NUMBER OF UNLAWFUL DISCRIMINATORY PRACTICES, DISCRIM-
 INATION OR SEXUAL HARASSMENT ALLEGATIONS  BY  CATEGORY,  THE  NUMBER  OF
 INVESTIGATIONS CONDUCTED, AND THE OUTCOMES OF SUCH INVESTIGATIONS IN THE
 PREVIOUS CALENDAR YEAR; (B) THE NUMBER OF SETTLEMENT AGREEMENTS, AND THE
 NUMBER  OF SUCH AGREEMENTS CONTAINING NONDISCLOSURE PROVISIONS THAT HAVE
 BEEN EXECUTED BY THE AGENCY  OR  ITS  REPRESENTATIVES  IN  THE  PREVIOUS
 CALENDAR  YEAR  WHERE  SUCH  SETTLEMENT  AGREEMENT RESOLVES ANY UNLAWFUL
 DISCRIMINATORY PRACTICES, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED
 NINETY-TWO OF THIS CHAPTER, DISCRIMINATION OR  SEXUAL  HARASSMENT  CLAIM
 ASSERTED  AGAINST OR COMMITTED BY ANY EMPLOYEE; AND (C) A DESCRIPTION OF
 ALL TRAINING PROVIDED TO EMPLOYEES RELATING TO DISCRIMINATION, INCLUDING
 SEXUAL HARASSMENT PREVENTION IN THE WORKPLACE IN THE  PREVIOUS  CALENDAR
 YEAR.  SUCH REPORT SHALL NOT CONTAIN ANY INDIVIDUALLY IDENTIFYING INFOR-
 MATION  OF ANY VICTIM OF UNLAWFUL DISCRIMINATORY PRACTICES, AS SUCH TERM
 IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THIS CHAPTER,  DISCRIMI-
 NATION  OR  SEXUAL  HARASSMENT. SUCH REPORT SHALL BE SUBMITTED USING THE
 FORM PROMULGATED BY THE DIVISION OF HUMAN RIGHTS PURSUANT TO SECTION TWO
 HUNDRED NINETY-FOUR-D OF THIS CHAPTER.
   § 3. The tax law is amended by adding a new section 210-E to  read  as
 follows:
   § 210-E. REPORTING OF DISCRIMINATION AND SEXUAL HARASSMENT VIOLATIONS.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS UNLESS OTHERWISE SPECIFIED:
   (A)  "AGENCY"  SHALL MEAN ANY STATE OR LOCAL GOVERNMENT, INCLUDING BUT
 NOT LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, FIRE DISTRICT OR  SPECIAL
 DISTRICT  OR  ANY OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR
 PROPRIETARY FUNCTION FOR THE STATE OR ANY  ONE  OR  MORE  MUNICIPALITIES
 THEREOF AND IS AUTHORIZED TO IMPOSE TAX UNDER THIS CHAPTER.
   (B)  "OWNER" SHALL MEAN AN OWNER OF A BUSINESS ENTITY, WHICH INCLUDES,
 BUT IS NOT LIMITED TO, A  SHAREHOLDER  OF  A  CORPORATION  THAT  IS  NOT
 PUBLICLY  TRADED,  A PARTNER IN A PARTNERSHIP OR LIMITED LIABILITY PART-
 NERSHIP, A MEMBER OF A LIMITED LIABILITY COMPANY, A GENERAL  PARTNER  OR
 LIMITED PARTNER OF A LIMITED PARTNERSHIP.

 A. 9505--C                         188
 
   (C) "MANAGER" SHALL MEAN A DIRECTOR OR EXECUTIVE OFFICER OF A BUSINESS
 ENTITY,  WHICH  INCLUDES,  BUT IS NOT LIMITED TO, A DIRECTOR OF A CORPO-
 RATION OR A MANAGER OF A LIMITED LIABILITY COMPANY.
   (D)  "TAX  CREDIT" SHALL MEAN THE AMOUNT REQUESTED BY THE TAXPAYER FOR
 REFUND OR OTHERWISE DETERMINED TO BE IN EXCESS OF THAT OWED WITH RESPECT
 TO ANY TAX IMPOSED UNDER THIS CHAPTER.
   2. A TAXPAYER WHO IS ENTITLED TO ANY  CREDIT  FROM  ANY  AGENCY  SHALL
 SUBMIT  A  REPORT  TO  SUCH  AGENCY NO LATER THAN JUNE THIRTIETH OF EACH
 YEAR, AND THE AGENCY SHALL TRANSMIT SUCH REPORT TO THE DIVISION OF HUMAN
 RIGHTS, CONTAINING INFORMATION RELATED TO THE ISSUE OF UNLAWFUL  DISCRI-
 MINATORY  PRACTICES AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED NINE-
 TY-TWO OF THE EXECUTIVE LAW, DISCRIMINATION, AND  SEXUAL  HARASSMENT  IN
 THE  WORKPLACE,  WHICH  SHALL  INCLUDE  THE FOLLOWING: (A) THE NUMBER OF
 UNLAWFUL DISCRIMINATORY PRACTICES, AS SUCH TERM IS  DEFINED  IN  SECTION
 TWO  HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, DISCRIMINATION, AND SEXUAL
 HARASSMENT  ALLEGATIONS  BY  CATEGORY,  THE  NUMBER  OF   INVESTIGATIONS
 CONDUCTED,  AND  THE  OUTCOMES  OF  SUCH  INVESTIGATIONS IN THE PREVIOUS
 CALENDAR YEAR; (B) THE NUMBER OF SETTLEMENT AGREEMENTS, AND  THE  NUMBER
 OF  SUCH  AGREEMENTS CONTAINING NONDISCLOSURE PROVISIONS, THAT HAVE BEEN
 EXECUTED BY THE ENTITY OR ITS REPRESENTATIVES IN THE  PREVIOUS  CALENDAR
 YEAR WHERE SUCH SETTLEMENT AGREEMENT RESOLVES ANY UNLAWFUL DISCRIMINATO-
 RY  PRACTICE,  AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO
 OF  THE  EXECUTIVE  LAW,  DISCRIMINATION,  OR  SEXUAL  HARASSMENT  CLAIM
 ASSERTED  AGAINST  OR  COMMITTED BY ANY OWNER, MANAGER, OR EMPLOYEE; AND
 (C) A DESCRIPTION OF ALL TRAINING PROVIDED  TO  AN  OWNER,  MANAGER,  OR
 EMPLOYEES   RELATING  TO  DISCRIMINATION,  INCLUDING  SEXUAL  HARASSMENT
 PREVENTION IN THE WORKPLACE. SUCH REPORT SHALL NOT CONTAIN ANY  INDIVID-
 UALLY  IDENTIFYING  INFORMATION OF ANY VICTIM OF UNLAWFUL DISCRIMINATORY
 PRACTICE AS SUCH TERM IS DEFINED IN SECTION TWO  HUNDRED  NINETY-TWO  OF
 THE  EXECUTIVE  LAW,  DISCRIMINATION,  OR SEXUAL HARASSMENT. SUCH REPORT
 SHALL BE SUBMITTED USING THE FORM PROMULGATED BY THE DIVISION  OF  HUMAN
 RIGHTS  PURSUANT  TO  SECTION TWO HUNDRED NINETY-FOUR-D OF THE EXECUTIVE
 LAW.
   3. IF SUCH ENTITY DOES NOT SUBMIT THE REPORT REQUIRED  BY  SUBDIVISION
 TWO OF THIS SECTION, SUCH CREDIT SHALL NOT BE AWARDED TO SUCH ENTITY.
   §  4.  The state finance law is amended by adding a new section 148 to
 read as follows:
   § 148. REPORTING OF DISCRIMINATION AND SEXUAL  HARASSMENT  VIOLATIONS.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS UNLESS OTHERWISE SPECIFIED:
   (A)  "AGENCY"  SHALL  MEAN  ANY  STATE OR MUNICIPAL DEPARTMENT, BOARD,
 BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
 RATION, COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING  A
 GOVERNMENTAL  OR  PROPRIETARY  FUNCTION FOR THE STATE OR ANY ONE OR MORE
 MUNICIPALITIES THEREOF.
   (B) "OWNER" SHALL MEAN AN OWNER OF A BUSINESS ENTITY, WHICH  INCLUDES,
 BUT  IS  NOT  LIMITED  TO,  A  SHAREHOLDER  OF A CORPORATION THAT IS NOT
 PUBLICLY TRADED, A PARTNER IN A PARTNERSHIP OR LIMITED  LIABILITY  PART-
 NERSHIP,  A  MEMBER OF A LIMITED LIABILITY COMPANY, OR A GENERAL PARTNER
 OR LIMITED PARTNER OF A LIMITED PARTNERSHIP.
   (C) "MANAGER" SHALL MEAN A DIRECTOR OR EXECUTIVE OFFICER OF A BUSINESS
 ENTITY, WHICH INCLUDES, BUT IS NOT LIMITED TO, A DIRECTOR  OF  A  CORPO-
 RATION OR A MANAGER OF A LIMITED LIABILITY COMPANY.
   2.  ANY  CONTRACTOR  TO  WHOM  ANY  CONTRACT  SHALL BE LET, GRANTED OR
 AWARDED BY ANY AGENCY, AS REQUIRED BY LAW, SHALL SUBMIT A REPORT TO  THE
 AGENCY  AND  SUCH  AGENCY  SHALL TRANSMIT SUCH REPORT TO THE DIVISION OF

 A. 9505--C                         189
 
 HUMAN RIGHTS NO LATER THAN JUNE THIRTIETH OF EACH YEAR CONTAINING INFOR-
 MATION RELATED TO THE ISSUE OF  UNLAWFUL  DISCRIMINATORY  PRACTICES,  AS
 SUCH  TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
 LAW,  DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE, WHICH SHALL
 INCLUDE THE FOLLOWING: (A) THE NUMBER OF UNLAWFUL  DISCRIMINATORY  PRAC-
 TICES,  AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE
 EXECUTIVE LAW, DISCRIMINATION AND SEXUAL HARASSMENT ALLEGATIONS BY CATE-
 GORY, THE NUMBER OF INVESTIGATIONS CONDUCTED, AND THE OUTCOMES  OF  SUCH
 INVESTIGATIONS  IN THE PREVIOUS CALENDAR YEAR; (B) THE NUMBER OF SETTLE-
 MENT AGREEMENTS, AND THE NUMBER OF SUCH AGREEMENTS CONTAINING NONDISCLO-
 SURE PROVISIONS, THAT HAVE BEEN EXECUTED BY THE CONTRACTOR OR ITS REPRE-
 SENTATIVES IN THE PREVIOUS CALENDAR YEAR WHERE SUCH SETTLEMENT AGREEMENT
 RESOLVES ANY UNLAWFUL DISCRIMINATORY PRACTICES, AS SUCH TERM IS  DEFINED
 IN  SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, DISCRIMINATION,
 OR SEXUAL HARASSMENT CLAIM ASSERTED AGAINST OR COMMITTED BY  ANY  OWNER,
 MANAGER,  OR EMPLOYEE; AND (C) A DESCRIPTION OF ALL TRAINING PROVIDED TO
 AN OWNER, MANAGER, OR EMPLOYEE RELATING TO UNLAWFUL DISCRIMINATORY PRAC-
 TICES, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF  THE
 EXECUTIVE LAW, OR DISCRIMINATION, INCLUDING SEXUAL HARASSMENT PREVENTION
 IN  THE  WORKPLACE  IN THE CALENDAR YEAR.  SUCH REPORT SHALL NOT CONTAIN
 ANY INDIVIDUALLY IDENTIFYING  INFORMATION  OF  ANY  VICTIM  OF  UNLAWFUL
 DISCRIMINATORY PRACTICES, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED
 NINETY-TWO  OF  THE EXECUTIVE LAW, DISCRIMINATION, OR SEXUAL HARASSMENT.
 SUCH REPORT SHALL BE SUBMITTED USING THE FORM PROMULGATED BY  THE  DIVI-
 SION  OF  HUMAN  RIGHTS PURSUANT TO SECTION TWO HUNDRED NINETY-FOUR-D OF
 THE EXECUTIVE LAW.
   3. IF SUCH CONTRACTOR DOES NOT SUBMIT THE REPORT REQUIRED BY  SUBDIVI-
 SION  TWO  OF  THIS SECTION, SUCH CONTRACT SHALL NOT BE LET, GRANTED, OR
 AWARDED TO SUCH CONTRACTOR.
   § 5. The executive law is amended by adding a  new  section  295-a  to
 read as follows:
   § 295-A. REPORTING OF DISCRIMINATION AND SEXUAL HARASSMENT VIOLATIONS.
 1. THE DIVISION SHALL RECEIVE AND ANALYZE ALL REPORTS SUBMITTED PURSUANT
 TO  SECTION  ONE  HUNDRED SEVENTY-D OF THIS CHAPTER, SECTION TWO HUNDRED
 TEN-E OF THE TAX LAW, AND SECTION ONE HUNDRED FORTY-EIGHT OF  THE  STATE
 FINANCE LAW.
   2.  THE  DIVISION  SHALL PREPARE AN ANNUAL REPORT FROM THE INFORMATION
 SUBMITTED PURSUANT TO SECTION ONE HUNDRED  SEVENTY-D  OF  THIS  CHAPTER,
 SECTION  TWO  HUNDRED  TEN-E  OF  THE  TAX  LAW, AND SECTION ONE HUNDRED
 FORTY-EIGHT OF THE STATE FINANCE LAW,  WHICH  IDENTIFIES  THE  AGGREGATE
 NUMBER  OF  UNLAWFUL DISCRIMINATORY PRACTICES, DISCRIMINATION AND SEXUAL
 HARASSMENT ALLEGATIONS, BY CATEGORY, THE AGGREGATE  NUMBER  OF  INVESTI-
 GATIONS  CONDUCTED,  THE  AGGREGATE NUMBER OF SETTLEMENT AGREEMENTS, AND
 THE  AGGREGATE  NUMBER  OF  SUCH  AGREEMENTS  CONTAINING   NONDISCLOSURE
 PROVISIONS,  AND  THE AGGREGATE NUMBER OF AGENCIES PROVIDING TRAINING ON
 UNLAWFUL DISCRIMINATORY PRACTICES, AND DISCRIMINATION  INCLUDING  SEXUAL
 HARASSMENT  PREVENTION IN THE WORKPLACE AS REPORTED DURING THE PRECEDING
 CALENDAR YEAR. SUCH REPORT SHALL BE PROVIDED TO THE GOVERNOR, THE SPEAK-
 ER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT  OF  THE  SENATE  ON  OR
 BEFORE NOVEMBER FIRST OF EACH YEAR COMMENCING WITH THE NOVEMBER FIRST IN
 THE YEAR IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.  SUCH
 REPORT  SHALL  ALSO  BE  POSTED  ON THE WEBSITE OF THE DIVISION OF HUMAN
 RIGHTS.
   § 6. Section 7504 of the civil practice law and rules  is  amended  to
 read as follows:

 A. 9505--C                         190
 
   § 7504. [Court appointment] APPOINTMENT of arbitrator.  1. IF AN ARBI-
 TRATION  AGREEMENT PROVIDES FOR THE METHOD OF APPOINTMENT OF AN ARBITRA-
 TOR, SUCH ARBITRATOR MUST BE A NEUTRAL THIRD-PARTY ARBITRATOR; PROVIDED,
 HOWEVER, THAT ANY PORTION OF AN  AGREEMENT  OR  CONTRACT  REQUIRING  THE
 CONTROVERSY CONCERNING EMPLOYMENT BE SUBMITTED TO AN ARBITRATOR OR ARBI-
 TRATION ORGANIZATION THAT IS NOT A NEUTRAL THIRD-PARTY ARBITRATOR, SHALL
 BE  DEEMED  VOID.    THE  REQUIREMENT THAT THE CONTROVERSY BE HEARD BY A
 NEUTRAL THIRD-PARTY ARBITRATOR MAY NOT BE WAIVED BY A PARTY PRIOR TO THE
 SERVICE ON SUCH PARTY OF A DEMAND FOR ARBITRATION.
   2. If the arbitration agreement does  not  provide  for  a  method  of
 appointment  of  an arbitrator, or if the agreed method fails or for any
 reason is not followed, or if an arbitrator fails to act and his OR  HER
 successor  has not been appointed, the court, on application of a party,
 shall appoint [an] A NEUTRAL THIRD-PARTY arbitrator.  APPOINTMENT OF ANY
 ARBITRATOR SHALL REASONABLY ENSURE THE PERSONAL OBJECTIVITY OF THE ARBI-
 TRATOR.
   3. (A) BEFORE THE APPOINTMENT OF AN INDIVIDUAL  WHO  IS  REQUESTED  TO
 SERVE  AS  AN  ARBITRATOR,  AND  AFTER MAKING A REASONABLE INQUIRY, SUCH
 INDIVIDUAL SHALL DISCLOSE TO ALL PARTIES TO THE AGREEMENT  TO  ARBITRATE
 AND  THE ARBITRATION PROCEEDING, AND TO ANY OTHER ARBITRATORS, ANY KNOWN
 FACTS THAT A REASONABLE PERSON  WOULD  CONSIDER  LIKELY  TO  AFFECT  THE
 IMPARTIALITY OF THE ARBITRATOR IN THE ARBITRATION PROCEEDING, INCLUDING:
   (I) A FINANCIAL OR PERSONAL INTEREST IN THE OUTCOME OF THE ARBITRATION
 PROCEEDING; OR
   (II)  AN  EXISTING OR PAST RELATIONSHIP WITH ANY OF THE PARTIES TO THE
 AGREEMENT TO ARBITRATE OR THE ARBITRATION PROCEEDING, HIS OR HER COUNSEL
 OR REPRESENTATIVES, A WITNESS, OR ANOTHER ARBITRATOR.
   (B) AN ARBITRATOR HAS A  CONTINUING  OBLIGATION  TO  DISCLOSE  TO  ALL
 PARTIES  TO  THE  AGREEMENT TO ARBITRATE AND THE ARBITRATION PROCEEDING,
 AND TO ANY OTHER ARBITRATORS ANY FACTS THAT THE ARBITRATOR LEARNS  AFTER
 ACCEPTING APPOINTMENT WHICH A REASONABLE PERSON WOULD CONSIDER LIKELY TO
 AFFECT THE IMPARTIALITY OF THE ARBITRATOR.
   (C)  IF  AN  ARBITRATOR DISCLOSES A FACT REQUIRED BY PARAGRAPHS (A) OR
 (B) OF THIS SUBDIVISION AND A PARTY TIMELY OBJECTS TO THE APPOINTMENT OR
 CONTINUED SERVICE OF THE ARBITRATOR BASED UPON THE FACT  DISCLOSED,  THE
 OBJECTION MAY BE A GROUND FOR VACATING AN AWARD MADE BY THE ARBITRATOR.
   (D)  IF  THE  ARBITRATOR  DID NOT DISCLOSE A FACT AS REQUIRED BY PARA-
 GRAPHS (A) OR (B) OF THIS SUBDIVISION, UPON TIMELY OBJECTION BY A PARTY,
 THE COURT MAY VACATE AN AWARD BASED ON SUCH NON-DISCLOSURE.
   (E) AN ARBITRATOR APPOINTED AS  A  NEUTRAL  ARBITRATOR  WHO  DOES  NOT
 DISCLOSE  A  KNOWN,  DIRECT  AND MATERIAL INTEREST IN THE OUTCOME OF THE
 ARBITRATION PROCEEDING OR A KNOWN, EXISTING AND SUBSTANTIAL RELATIONSHIP
 WITH A PARTY IS PRESUMED TO ACT WITH EVIDENT PARTIALITY IN RENDERING  AN
 AWARD.
   4.  UPON  DISCLOSURE  PURSUANT TO SUBDIVISION THREE OF THIS SECTION, A
 PARTY SHALL BE DEEMED TO HAVE WAIVED ANY OBJECTION TO THE ARBITRATOR  OR
 COMPOSITION  OF ANY ARBITRATION PANEL, BY FAILING TO RAISE SAME PRIOR TO
 THE COMMENCEMENT OF THE ARBITRATION HEARING.
   § 7. Section 7506 of the civil practice law and rules  is  amended  to
 read as follows:
   § 7506. Hearing. (a) Oath of arbitrator. Before hearing any testimony,
 an  arbitrator  shall be sworn to hear and decide the controversy faith-
 fully and fairly by an officer authorized to administer an oath.
   (b) Time and place. The arbitrator shall appoint a time and place  for
 the  hearing  and  notify the parties in writing personally or by regis-
 tered or certified mail not less than eight days before the hearing. The

 A. 9505--C                         191
 
 arbitrator may adjourn or postpone the hearing. The court, upon applica-
 tion of any party, may direct the arbitrator to  proceed  promptly  with
 the hearing and determination of the controversy.
   (c)  Evidence.  The  parties  are  entitled  to  be  heard, to present
 evidence and to cross-examine witnesses.
   (D) POSTPONEMENTS AND ADJOURNMENTS. THE ARBITRATOR MAY FOR GOOD  CAUSE
 POSTPONE  OR  ADJOURN  THE  HEARING  UPON REQUEST OF A PARTY OR UPON THE
 ARBITRATOR'S OWN INITIATIVE. Notwithstanding the failure of a party duly
 notified to appear, the arbitrator may hear and determine the controver-
 sy upon the evidence produced. IF A PARTY TO AN ARBITRATION  INTENDS  TO
 PRESENT  TESTIMONY  FROM  A  WITNESS  AT  THE HEARING, ABSENT GOOD CAUSE
 SHOWN, THE IDENTITY OF SUCH WITNESS MUST BE  GIVEN  TO  ALL  PARTIES  AT
 LEAST SEVEN CALENDAR DAYS PRIOR TO THE HEARING.
   [(d)]  (E)  Representation  by  attorney.  A party has the right to be
 represented by an attorney and may claim such right at any  time  as  to
 any part of the arbitration or hearings which have not taken place. This
 right  may  not  be  waived.  If  a party is represented by an attorney,
 papers to be served on the party shall be served upon his OR HER  attor-
 ney. IT SHALL BE DISCRETIONARY WITH THE ARBITRATOR TO PERMIT THE ATTEND-
 ANCE OF ANY OTHER PERSONS.
   [(e)] (F) Determination by majority. The hearing shall be conducted by
 all  the  arbitrators,  but  a  majority  may determine any question and
 render an award.
   [(f)] (G) Waiver.  Except  as  provided  in  subdivision  [(d)](E),  a
 requirement  of  this  section  may  be waived by written consent of the
 parties and it is waived if the parties continue  with  the  arbitration
 without objection.
   §  8.  Section 7507 of the civil practice law and rules, as amended by
 chapter 952 of the laws of 1981, is amended to read as follows:
   § 7507. Award; form; time; delivery. (A) Except as provided in section
 7508, the award shall be in writing,  AND  SHALL  STATE  THE  ISSUES  IN
 DISPUTE AND CONTAIN THE ARBITRATOR'S FINDINGS OF FACT AND CONCLUSIONS OF
 LAW.  SUCH AWARD SHALL CONTAIN A DECISION ON ALL ISSUES SUBMITTED TO THE
 ARBITRATOR, AND SHALL BE signed and affirmed by the arbitrator making it
 within the time fixed by the agreement, or, if the time  is  not  fixed,
 within such time as the court orders.
   (B)  The parties may in writing extend the time either before or after
 its expiration. A party waives the objection that an award was not  made
 within  the  time  required  unless he OR SHE notifies the arbitrator in
 writing of his OR HER objection prior to the delivery of  the  award  to
 him OR HER.
   (C)  The arbitrator shall deliver a copy of the award to each party in
 the manner provided in the agreement, or, if no provision  is  so  made,
 personally or by registered or certified mail, return receipt requested.
   §  9.  Subparagraph  (iv) of paragraph 1 of subdivision (b) of section
 7511 of the civil practice law and rules is amended and a  new  subpara-
 graph (v) is added to read as follows:
   (iv) failure to follow the procedure of this article, unless the party
 applying  to vacate the award continued with the arbitration with notice
 of the defect and without objection[.]; OR
   (V) THE ARBITRATOR EVIDENCED  A  MANIFEST  DISREGARD  OF  THE  LAW  IN
 RENDERING THE AWARD.
   §  10.  The  civil  practice  law and rules is amended by adding a new
 section 7515 to read as follows:
   § 7515. PROHIBITED PROVISIONS. PROHIBITION OF EFFECT OF CERTAIN  ARBI-
 TRATION  CLAUSES  OR AGREEMENTS. MANDATORY ARBITRATION CLAUSES OR AGREE-

 A. 9505--C                         192
 
 MENTS COVERING EMPLOYEE OR INDEPENDENT CONTRACTOR DISPUTES  INVOLVING  A
 CLAIM  OF  DISCRIMINATION, INCLUDING ONE BASED ON SEXUAL HARASSMENT, ARE
 CONTRARY TO THE ESTABLISHED PUBLIC POLICY OF THIS STATE.    EXCEPT  WHEN
 INCONSISTENT  WITH  FEDERAL  LAW,  THE STATE PROHIBITS THE FORMATION AND
 ENFORCEMENT OF MANDATORY ARBITRATION AGREEMENTS  INVOLVING  A  CLAIM  OF
 DISCRIMINATION, INCLUDING ONE BASED ON SEXUAL HARASSMENT.
   §  11. Enforcement.   Any private person and any enforcement agency or
 official responsible for  enforcing  the  provisions  of  sections  six,
 seven,  eight,  nine,  or  ten of this act may bring suit for injunctive
 relief against an entity that violates such provisions, and may  recover
 reasonable  attorney fees and other costs if an injunction or equivalent
 relief is awarded. Injunctive relief shall be the only relief  available
 in a suit arising from failure to comply with this act.
   §  12.   The executive law is amended by adding a new section 170-d to
 read as follows:
   § 170-D. PROHIBITING STATE  AND  LOCAL  AGENCIES  FROM  ENTERING  INTO
 CONTRACTS  WITH  CONTRACTORS  THAT REQUIRE CERTAIN MANDATORY ARBITRATION
 AGREEMENTS. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF ANY GENER-
 AL OR SPECIAL LAW OR RESOLUTION, NO AGENCY SHALL  CONTRACT  OR  RENEW  A
 CONTRACT  FOR  THE  SUPPLY  OF GOODS, SERVICES, OR CONSTRUCTION WITH ANY
 CONTRACTOR  THAT  UTILIZES  AN  EMPLOYMENT  OR  INDEPENDENT   CONTRACTOR
 CONTRACT WHICH REQUIRES EMPLOYEES OR INDEPENDENT CONTRACTORS TO AGREE TO
 MANDATORY  ARBITRATION  FOR  ANY  DISPUTES INVOLVING A CLAIM OF UNLAWFUL
 DISCRIMINATORY PRACTICES, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED
 NINETY-TWO OF THE EXECUTIVE LAW,  OR  DISCRIMINATION,  INCLUDING  SEXUAL
 HARASSMENT.
   2.  ANY  CONTRACTOR  SUPPLYING  GOODS, SERVICES, OR CONSTRUCTION SHALL
 CERTIFY THAT IT IS IN COMPLIANCE WITH THE  REQUIREMENTS  OF  SUBDIVISION
 ONE OF THIS SECTION.  SUCH CERTIFICATION SHALL BE FILED WITH THE AGENCY.
   3.  UPON  RECEIVING  INFORMATION  THAT  A  CONTRACTOR WHO HAS MADE THE
 CERTIFICATION REQUIRED BY THIS SECTION  IS  IN  VIOLATION  THEREOF,  THE
 AGENCY  SHALL REVIEW SUCH INFORMATION, NOTIFY SUCH CONTRACTOR, AND OFFER
 SUCH CONTRACTOR AN OPPORTUNITY TO BE HEARD.  IF SUCH AGENCY FINDS THAT A
 VIOLATION HAS OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE  APPROPRIATE
 AND PROVIDED FOR BY LAW, RULE OR REGULATION, OR CONTRACT, INCLUDING, BUT
 NOT  LIMITED  TO,  IMPOSING  SANCTIONS,  SEEKING  COMPLIANCE, RECOVERING
 DAMAGES, DECLARING THE CONTRACTOR IN DEFAULT, AND SEEKING  DEBARMENT  OR
 SUSPENSION OF THE CONTRACTOR.
   4.  FOR THE PURPOSES OF THIS SECTION, "AGENCY" SHALL MEAN ANY STATE OR
 MUNICIPAL DEPARTMENT, BOARD, BUREAU,  DIVISION,  COMMISSION,  COMMITTEE,
 PUBLIC  AUTHORITY,  PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER GOVERN-
 MENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR  THE
 STATE OR ANY ONE OR MORE MUNICIPALITIES THEREOF.
   §  13.  The labor law is amended by adding a new section 211-b to read
 as follows:
   § 211-B. CONTRACTS; CERTAIN PROVISIONS PROHIBITED. A PROVISION IN  ANY
 EMPLOYMENT  CONTRACT BOTH PUBLIC AND PRIVATE, OR CONTRACT WITH ANY INDE-
 PENDENT CONTRACTOR, WAIVING ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REME-
 DY RELATING TO A CLAIM OF DISCRIMINATION, RETALIATION, OR HARASSMENT  IN
 EMPLOYMENT  SHALL BE DEEMED UNCONSCIONABLE, VOID AND UNENFORCEABLE, WITH
 RESPECT TO ANY SUCH CLAIM ARISING AFTER THE WAIVER IS MADE. NO RIGHT  OR
 REMEDY  ARISING  UNDER THIS SECTION, THIS CHAPTER, COMMON LAW, ANY OTHER
 PROVISION OF LAW OR RULE OF PROCEDURE OR THE CONSTITUTION SHALL BE PROS-
 PECTIVELY WAIVED. THIS SECTION SHALL NOT RENDER  VOID  OR  UNENFORCEABLE
 THE REMAINDER OF SUCH CONTRACT OR AGREEMENT.

 A. 9505--C                         193
 
   §  14. The public officers law is amended by adding a new section 17-a
 to read as follows:
   §  17-A. REIMBURSEMENT OF FUNDS PAID BY STATE AGENCIES AND STATE ENTI-
 TIES FOR THE PAYMENT OF AWARDS ADJUDICATED IN DISCRIMINATION CLAIMS.  1.
 NOTWITHSTANDING  ANY  LAW TO THE CONTRARY, ANY OFFICER OR EMPLOYEE ENTI-
 TLED TO DEFENSE AND INDEMNIFICATION PURSUANT  TO  SECTION  SEVENTEEN  OF
 THIS  ARTICLE, WHO IS ADJUDICATED TO HAVE PERSONALLY COMMITTED AN UNLAW-
 FUL DISCRIMINATORY PRACTICE AS SUCH  TERM  IS  DEFINED  IN  SECTION  TWO
 HUNDRED  NINETY-TWO  OF  THE EXECUTIVE LAW, INCLUDING SEXUAL HARASSMENT,
 SHALL REIMBURSE ANY STATE AGENCY OR ENTITY THAT MAKES  A  PAYMENT  TO  A
 PLAINTIFF  FOR  AN ADJUDICATED AWARD IN A DISCRIMINATION CLAIM RESULTING
 IN A JUDGMENT, FOR HIS OR HER PROPORTIONATE  SHARE  OF  SUCH  JUDGEMENT.
 SUCH OFFICER OR EMPLOYEE SHALL PERSONALLY REIMBURSE SUCH STATE AGENCY OR
 ENTITY  WITHIN  NINETY  DAYS  OF THE STATE AGENCY OR ENTITY'S PAYMENT OF
 SUCH AWARD.
   2. IF SUCH OFFICER OR EMPLOYEE HAS  FAILED  TO  REIMBURSE  SUCH  STATE
 AGENCY  OR  ENTITY  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION WITHIN
 NINETY DAYS FROM THE DATE SUCH STATE AGENCY OR ENTITY  MAKES  A  PAYMENT
 FOR  THE FINANCIAL AWARD, THE COMPTROLLER SHALL WITHHOLD FROM SUCH OFFI-
 CER OR EMPLOYEE'S COMPENSATION THE AMOUNTS ALLOWABLE PURSUANT TO SECTION
 FIFTY-TWO HUNDRED THIRTY-ONE OF THE CIVIL PRACTICE LAW AND RULES.
   3. IF SUCH OFFICER OR EMPLOYEE IS NO LONGER  EMPLOYED  BY  SUCH  STATE
 AGENCY  OR  ENTITY,  SUCH STATE AGENCY OR ENTITY SHALL HAVE THE RIGHT TO
 RECEIVE REIMBURSEMENT THROUGH  THE  ENFORCEMENT  OF  A  MONEY  JUDGEMENT
 PURSUANT TO ARTICLE FIFTY-TWO OF THE CIVIL PRACTICE LAW AND RULES.
   §  14-a.  The  public  officers law is amended by adding a new section
 18-a to read as follows:
   § 18-A. REIMBURSEMENT OF FUNDS PAID BY A PUBLIC ENTITY FOR THE PAYMENT
 OF AWARDS ADJUDICATED IN DISCRIMINATION CLAIMS.   1.  AS  USED  IN  THIS
 SECTION:
   A.  THE  TERM  "PUBLIC  ENTITY"  SHALL  MEAN (I) A COUNTY, CITY, TOWN,
 VILLAGE OR ANY OTHER POLITICAL SUBDIVISION  OR  CIVIL  DIVISION  OF  THE
 STATE,   (II)  A  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES, OR ANY OTHER GOVERNMENTAL ENTITY OR COMBINATION OR ASSOCIATION
 OF GOVERNMENTAL ENTITIES OPERATING A PUBLIC SCHOOL,  COLLEGE,  COMMUNITY
 COLLEGE  OR  UNIVERSITY, (III) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT,
 (IV) A PUBLIC AUTHORITY, COMMISSION, AGENCY  OR  PUBLIC  BENEFIT  CORPO-
 RATION,  OR  (V) ANY OTHER SEPARATE CORPORATE INSTRUMENTALITY OR UNIT OF
 GOVERNMENT; BUT SHALL NOT INCLUDE THE STATE OF NEW YORK.
   B. THE TERM "EMPLOYEE" SHALL MEAN ANY COMMISSIONER, MEMBER OF A PUBLIC
 BOARD OR COMMISSION, TRUSTEE,  DIRECTOR,  OFFICER,  EMPLOYEE,  VOLUNTEER
 EXPRESSLY  AUTHORIZED  TO  PARTICIPATE IN A PUBLICLY SPONSORED VOLUNTEER
 PROGRAM, OR ANY OTHER PERSON HOLDING A POSITION BY ELECTION, APPOINTMENT
 OR EMPLOYMENT IN THE SERVICE OF A PUBLIC ENTITY, WHETHER OR NOT  COMPEN-
 SATED.  THE  TERM "EMPLOYEE" SHALL INCLUDE A FORMER EMPLOYEE, HIS OR HER
 ESTATE OR JUDICIALLY APPOINTED PERSONAL REPRESENTATIVE.
   2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY EMPLOYEE  ENTITLED  TO
 DEFENSE AND INDEMNIFICATION PURSUANT TO SECTION EIGHTEEN OF THIS ARTICLE
 OR  ANY  OTHER  STATE  STATUTE,  INCLUDING  BUT NOT LIMITED TO, SECTIONS
 FIFTY-K, FIFTY-L, FIFTY-M, AND FIFTY-N OF THE GENERAL MUNICIPAL LAW, WHO
 IS ADJUDICATED TO HAVE PERSONALLY COMMITTED AN  UNLAWFUL  DISCRIMINATORY
 PRACTICE,  AS  SUCH TERM IS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF
 THE EXECUTIVE LAW, INCLUDING  SEXUAL  HARASSMENT,  SHALL  REIMBURSE  ANY
 PUBLIC  ENTITY,  THAT  MAKES A PAYMENT TO A PLAINTIFF FOR AN ADJUDICATED
 AWARD IN A DISCRIMINATION CLAIM RESULTING IN A JUDGMENT, FOR HIS OR  HER
 PROPORTIONATE  SHARE  OF SUCH JUDGEMENT.  SUCH EMPLOYEE SHALL PERSONALLY

 A. 9505--C                         194
 
 REIMBURSE SUCH PUBLIC ENTITY WITHIN NINETY DAYS OF THE  PUBLIC  ENTITY'S
 PAYMENT OF SUCH AWARD.
   3.  IF SUCH EMPLOYEE FAILS TO REIMBURSE SUCH PUBLIC ENTITY PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION WITHIN NINETY DAYS FROM  THE  DATE  SUCH
 PUBLIC  ENTITY MAKES A PAYMENT FOR THE FINANCIAL AWARD, THE CHIEF FISCAL
 OFFICER OF SUCH  PUBLIC  ENTITY  SHALL  WITHHOLD  FROM  SUCH  EMPLOYEE'S
 COMPENSATION THE AMOUNTS ALLOWABLE PURSUANT TO SECTION FIFTY-TWO HUNDRED
 THIRTY-ONE OF THE CIVIL PRACTICE LAW AND RULES.
   4.  IF SUCH EMPLOYEE IS NO LONGER EMPLOYED BY SUCH PUBLIC ENTITY, SUCH
 PUBLIC ENTITY SHALL HAVE THE RIGHT TO RECEIVE REIMBURSEMENT THROUGH  THE
 ENFORCEMENT  OF  A  MONEY JUDGEMENT PURSUANT TO ARTICLE FIFTY-TWO OF THE
 CIVIL PRACTICE LAW AND RULES.
   § 15. The civil practice law and rules is  amended  by  adding  a  new
 section 5003-b to read as follows:
   §  5003-B.  CONFIDENTIALITY PROVISIONS IN SETTLEMENT OF DISCRIMINATION
 ACTIONS. (A) WHEN AN ACTION TO RECOVER DAMAGES BASED ON  ALLEGATIONS  OF
 DISCRIMINATION  IN VIOLATION OF LAWS PROHIBITING DISCRIMINATION, INCLUD-
 ING BUT NOT LIMITED TO ARTICLE FIFTEEN OF THE EXECUTIVE  LAW,  HAS  BEEN
 SETTLED,  ANY  SETTLING PLAINTIFF MAY ELECT TO INCLUDE IN ANY SETTLEMENT
 AGREEMENT PROVISIONS THAT REQUIRE ALL PARTIES TO KEEP  THE  DETAILS  AND
 PROVISIONS   OF   THE  ACTION  AND  SETTLEMENT  CONFIDENTIAL,  AND  SUCH
 PROVISIONS SHALL BE ENFORCEABLE AGAINST ALL PARTIES.
   (B) IF A SETTLING PLAINTIFF DOES NOT CHOOSE TO INCLUDE CONFIDENTIALITY
 PROVISIONS IN THE SETTLEMENT AGREEMENT, NO DEFENDANT  MAY  REQUIRE  SUCH
 PROVISIONS BE INCLUDED.
   §  16.  The general obligations law is amended by adding a new section
 5-336 to read as follows:
   § 5-336. CONFIDENTIALITY PROVISIONS RELATED TO DISCRIMINATION.   EVERY
 CONTRACT,  COVENANT,  AGREEMENT  OR  UNDERSTANDING  IN  CONNECTION  WITH
 EMPLOYMENT THAT PROHIBITS AN EMPLOYEE, INTERN AS DEFINED IN SECTION  TWO
 HUNDRED  NINETY-SIX-C  OF  THE  EXECUTIVE  LAW, OR COVERED INDIVIDUAL AS
 DEFINED IN SECTION TWO HUNDRED NINETY-SIX-D OF THE EXECUTIVE LAW, (HERE-
 INAFTER A "COMPLAINANT")  FROM  CONVEYING  TO  A  GOVERNMENT  ENTITY  OR
 DISCLOSING  TO  OR  DISCUSSING WITH ANY THIRD-PARTY ALLEGATIONS THAT THE
 COMPLAINANT WAS SUBJECTED TO UNLAWFUL DISCRIMINATION, UNLAWFUL DISCRIMI-
 NATORY PRACTICES, OR RETALIATION RELATED TO SUCH UNLAWFUL DISCRIMINATION
 SHALL BE VOID AND UNENFORCEABLE, PROVIDED THAT IF A COMPLAINANT  CHOOSES
 TO  INCLUDE  A  CONFIDENTIALITY  PROVISION IN AN AGREEMENT OR SETTLEMENT
 RESOLVING  A  COMPLAINT  REGARDING  UNLAWFUL  DISCRIMINATION,   UNLAWFUL
 DISCRIMINATORY  PRACTICES,  OR  RETALIATION IN RELATION THERETO, AND THE
 COMPLAINANT ASSERTS THAT THE AGREEMENT IS A MATTER OF  PERSONAL  PRIVACY
 OR  THAT  THE DISCLOSURE OF THE AGREEMENT OR ITS TERMS OR THE DETAILS OF
 THE UNDERLYING COMPLAINT WOULD CAUSE THE COMPLAINANT PERSONAL HARM, THEN
 SUCH PROVISION IS  ENFORCEABLE  AGAINST  ALL  PARTIES  AND  AGAINST  ANY
 GOVERNMENT ENTITY TO WHICH THE AGREEMENT IS DISCLOSED.
   §  17.  The  executive law is amended by adding a new section 294-b to
 read as follows:
   § 294-B. MODEL POLICY ON DISCRIMINATION, HARASSMENT, INCLUDING  SEXUAL
 HARASSMENT, AND RETALIATION.  1. THE DIVISION SHALL CREATE A MODEL POLI-
 CY   PROHIBITING   DISCRIMINATION,  UNLAWFUL  DISCRIMINATORY  PRACTICES,
 INCLUDING SEXUAL HARASSMENT,  AND  RETALIATION.  SUCH  POLICY  SHALL  BE
 AVAILABLE  TO  THE PUBLIC AND SHALL BE POSTED ON THE DIVISION'S WEBSITE.
 SUCH POLICY SHALL:
   A. PROHIBIT DISCRIMINATION,  UNLAWFUL  DISCRIMINATORY  PRACTICES,  AND
 HARASSMENT  BASED  ON  AN  EMPLOYEE'S,  INTERN'S OR COVERED INDIVIDUAL'S
 CLASS, RACE, COLOR, SEX, NATIONAL  ORIGIN,  CREED,  SEXUAL  ORIENTATION,

 A. 9505--C                         195
 
 AGE,  DISABILITY,  MILITARY STATUS, MARITAL STATUS, PREDISPOSING GENETIC
 CHARACTERISTICS, OR DOMESTIC VIOLENCE VICTIM STATUS;
   B.  PROHIBIT  RETALIATION AGAINST A PERSON WHO FILES A COMPLAINT, ACTS
 AS A WITNESS, OR REPORTS DISCRIMINATION, UNLAWFUL  DISCRIMINATORY  PRAC-
 TICES,  OR  HARASSMENT  ON BEHALF OF ANOTHER EMPLOYEE, INTERN OR COVERED
 INDIVIDUAL;
   C. MANDATE THAT SUPERVISORS AND  MANAGEMENT  PERSONNEL  WHO  LEARN  OF
 PROHIBITED DISCRIMINATION, UNLAWFUL DISCRIMINATORY PRACTICES, OR HARASS-
 MENT  REPORT SUCH CLAIMS PURSUANT TO THE POLICY OF THE EMPLOYER, EMPLOY-
 MENT AGENCY, OR LICENSING AGENCY;
   D. MANDATE THAT TRAINING ON SUCH POLICY BE CONDUCTED  AT  LEAST  EVERY
 TWO YEARS FOR EACH EMPLOYEE OR INTERN;
   (I)  SUCH  TRAINING  SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION
 ABOUT HOW TO FILE A COMPLAINT AND HOW TO ACCESS OTHER  AVAILABLE  RIGHTS
 AND REMEDIES UNDER STATE AND FEDERAL LAWS;
   (II)  SEPARATE  TRAINING  SHALL  BE PROVIDED TO SUPERVISORY STAFF THAT
 SHALL INCLUDE A REVIEW OF THE INCREASED RESPONSIBILITIES OF  SUCH  STAFF
 WHO ARE IN A POSITION OF AUTHORITY;
   E.  ESTABLISH  A  COMPLAINT PROCESS FOR ACCUSATIONS AGAINST EMPLOYEES,
 INTERNS OR COVERED  INDIVIDUALS  THAT  ALLOW  ANY  EMPLOYEE,  INTERN  OR
 COVERED INDIVIDUAL WHO FEELS THAT HE OR SHE WAS DISCRIMINATED AGAINST OR
 HARASSED  TO  ENGAGE  IN  SELF-HELP  IF  SO DESIRED, OR TO FILE A FORMAL
 INTERNAL OR EXTERNAL COMPLAINT, WHEREBY EACH COMPLAINANT  IS  HEARD  AND
 TREATED  WITH RESPECT, PROVIDED HOWEVER, THAT IT IS NOT NECESSARY FOR AN
 EMPLOYEE TO ENGAGE IN SELF-HELP BEFORE FILING A COMPLAINT;
   F. PROVIDE THAT ALL CLAIMS OF HARASSMENT AND DISCRIMINATION  SHALL  BE
 INVESTIGATED  AND  SUCH  INVESTIGATION  SHALL REMAIN CONFIDENTIAL TO THE
 FULLEST EXTENT POSSIBLE;
   G. ESTABLISH A TIME FRAME FOR THE  COMPLETION  OF  THE  INVESTIGATION,
 WHICH SHALL BE NO LATER THAN NINETY DAYS, UPON WHICH TIME A CONFIDENTIAL
 REPORT SHALL BE WRITTEN WITH FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS;
   H. PROVIDE THAT A FINAL DETERMINATION MUST BE MADE AS TO WHETHER THERE
 WAS  A  VIOLATION  OF  THE  EMPLOYER'S  POLICIES  AND  IF  DISCIPLINE IS
 WARRANTED WITHIN A TIME FRAME ESTABLISHED IN THE POLICY,  BUT  NO  LATER
 THAN  THIRTY  DAYS. SUCH POLICY SHALL AFFORD THE ACCUSED THE RIGHT TO BE
 PROVIDED A GENERAL SUMMARY OF THE INITIAL INVESTIGATION REPORT  AND  THE
 RIGHT TO RESPOND, EITHER ORALLY OR IN WRITING;
   I. ESTABLISH AN APPEALS PROCESS IN THE EVENT THAT EITHER PARTY CHOOSES
 TO APPEAL THE FINDINGS OF THE FINAL DETERMINATION; AND
   J.  PROVIDE  THAT  ALL  WRITTEN  RECORDS  AND REPORTS OF COMPLAINTS OR
 INVESTIGATIONS OF DISCRIMINATION, UNLAWFUL DISCRIMINATORY PRACTICES,  OR
 HARASSMENT SHALL BE KEPT BY THE EMPLOYER FOR SEVEN YEARS.
   2.  EVERY EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY SHALL ADOPT
 THE MODEL POLICY PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 OR ESTABLISH A POLICY TO PREVENT DISCRIMINATION THAT EQUALS  OR  EXCEEDS
 THE MINIMUM STANDARDS PROVIDED BY SUCH MODEL POLICY PROMULGATED PURSUANT
 TO  SUBDIVISION  ONE  OF  THIS  SECTION, PROVIDED, HOWEVER, THAT IF SUCH
 EMPLOYER IS A STATE  AGENCY  WHERE  THE  HEAD  OF  SUCH  AGENCY  IS  NOT
 APPOINTED  BY  THE  GOVERNOR,  INCLUDING  BUT  NOT LIMITED TO, THE STATE
 EDUCATION DEPARTMENT, THE DEPARTMENT OF LAW, AND THE DEPARTMENT OF AUDIT
 AND CONTROL, THEN THE HEAD OF SUCH AGENCY WHO IS NOT  APPOINTED  BY  THE
 GOVERNOR SHALL ADOPT OR ESTABLISH SUCH POLICY.
   3.  EVERY  EMPLOYER  AUTHORIZED  TO  ENTER INTO AGREEMENTS PURSUANT TO
 ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW MAY  UTILIZE  SUCH  AUTHORI-
 ZATION TO EFFECTUATE THE PROVISIONS OF THIS SECTION.

 A. 9505--C                         196
 
   4.  FOR THE PURPOSES OF THIS SECTION, THE TERM "INTERN" SHALL HAVE THE
 SAME MEANING AS SET FORTH IN SECTION TWO HUNDRED  NINETY-SIX-C  OF  THIS
 ARTICLE.
   5.  FOR  THE PURPOSES OF THIS SECTION, "COVERED INDIVIDUAL" SHALL HAVE
 THE SAME MEANING AS SET FORTH IN SECTION  TWO  HUNDRED  NINETY-SIX-D  OF
 THIS ARTICLE.
   § 18. The state finance law is amended by adding a new section 139-d-1
 to read as follows:
   §  139-D-1.  STATEMENT ON DISCRIMINATION, INCLUDING SEXUAL HARASSMENT,
 IN BIDS. 1. FOR THE PURPOSES OF THIS SECTION, "AGENCY"  SHALL  MEAN  ANY
 STATE DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC
 AUTHORITY,  PUBLIC  CORPORATION,  COUNCIL,  OFFICE OR OTHER GOVERNMENTAL
 ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE.
   2. (A) EVERY BID  HEREAFTER  MADE  TO  AN  AGENCY,  WHERE  COMPETITIVE
 BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, FOR WORK OR SERVICES
 PERFORMED  OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, SHALL CONTAIN
 THE FOLLOWING STATEMENT SUBSCRIBED BY THE BIDDER AND  AFFIRMED  BY  SUCH
 BIDDER AS TRUE UNDER THE PENALTIES OF PERJURY:
   "BY  SUBMISSION  OF  THIS  BID, EACH BIDDER AND EACH PERSON SIGNING ON
 BEHALF OF ANY BIDDER CERTIFIES, AND IN THE CASE  OF  A  JOINT  BID  EACH
 PARTY  THERETO  CERTIFIES  AS  TO ITS OWN ORGANIZATION, UNDER PENALTY OF
 PERJURY, THAT THE BIDDER HAS A POLICY RELATING  TO  THE  PROHIBITION  OF
 DISCRIMINATION,  INCLUDING  SEXUAL  HARASSMENT, AND SUCH BIDDER PROVIDES
 SUCH POLICY, IN WRITING, TO ALL OF ITS EMPLOYEES."
   (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ANY BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PROHIBITING
 DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, SHALL SUBMIT TO THE  AGENCY
 SOLICITING  SUCH  BID  SUCH  CURRENT WRITTEN POLICY WHEN SUBMITTING SUCH
 STATEMENT.
   (C) EVERY BID HEREAFTER MADE TO AN AGENCY, WHERE  COMPETITIVE  BIDDING
 IS  NOT  REQUIRED  BY  STATUTE, RULE OR REGULATION, FOR WORK OR SERVICES
 PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD,  MAY  CONTAIN,
 AT  THE DISCRETION OF THE AGENCY, THE CERTIFICATION REQUIRED PURSUANT TO
 PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   3. NOTWITHSTANDING THE FOREGOING, THE STATEMENT REQUIRED BY  PARAGRAPH
 (A) OF SUBDIVISION TWO OF THIS SECTION OR THE WRITTEN POLICY FOR PROHIB-
 ITING  DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, REQUIRED PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, MAY BE SUBMITTED ELEC-
 TRONICALLY IN ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF
 SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAPTER.
   4. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHEN  THE  BIDDER HAS NOT COMPLIED WITH SUBDIVISION TWO OF THIS SECTION;
 PROVIDED, HOWEVER, THAT IF THE BIDDER CANNOT MAKE THE FOREGOING  CERTIF-
 ICATION,  SUCH  BIDDER  SHALL  SO STATE AND SHALL FURNISH WITH THE BID A
 SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
   5. ANY BID HEREAFTER MADE TO AN AGENCY BY A CORPORATE BIDDER FOR  WORK
 OR  SERVICES  PERFORMED  OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD,
 WHERE SUCH BID CONTAINS THE STATEMENT  OR  WRITTEN  POLICY  REQUIRED  BY
 SUBDIVISION TWO OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED
 BY  THE  BOARD OF DIRECTORS OF SUCH BIDDER, AND SUCH AUTHORIZATION SHALL
 BE DEEMED TO INCLUDE THE SIGNING AND SUBMISSION  OF  SUCH  BID  AND  THE
 INCLUSION  THEREIN  OF  THE STATEMENT AND WRITTEN POLICY FOR PROHIBITING
 DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, AS THE ACT AND DEED OF  THE
 CORPORATION.

 A. 9505--C                         197
 
   §  19.  Subdivision  7  of  section  163  of the state finance law, as
 amended by section 10 of part L of chapter 55 of the laws  of  2012,  is
 amended to read as follows:
   7. Method of procurement. Consistent with the requirements of subdivi-
 sions  three and four of this section, state agencies shall select among
 permissible methods of procurement including, but  not  limited  to,  an
 invitation for bid, request for proposals or other means of solicitation
 pursuant  to  guidelines  issued by the state procurement council. State
 agencies may accept bids  electronically  including  submission  of  the
 statement of non-collusion required by section one hundred thirty-nine-d
 of  this  chapter,  AND THE STATEMENT AND WRITTEN POLICY FOR PROHIBITING
 DISCRIMINATION, INCLUDING SEXUAL HARASSMENT,  REQUIRED  BY  SECTION  ONE
 HUNDRED  THIRTY-NINE-D-ONE  OF  THIS CHAPTER, and, starting April first,
 two  thousand  twelve,  and  ending  March  thirty-first,  two  thousand
 fifteen,  may,  for  commodity, service and technology contracts require
 electronic submission as the sole method for the submission of bids  for
 the  solicitation.  State  agencies shall undertake no more than eighty-
 five such electronic bid solicitations, none of which shall  be  reverse
 auctions, prior to April first, two thousand fifteen. In addition, state
 agencies  may  conduct  up to twenty reverse auctions through electronic
 means, prior to April first, two thousand fifteen.  Prior  to  requiring
 the  electronic  submission  of  bids,  the agency shall make a determi-
 nation, which shall be documented in the procurement record, that  elec-
 tronic  submission  affords a fair and equal opportunity for offerers to
 submit responsive offers. Within thirty days of the  completion  of  the
 eighty-fifth  electronic  bid solicitation, or by April first, two thou-
 sand fifteen, whichever is earlier, the  commissioner  shall  prepare  a
 report  assessing the use of electronic submissions and make recommenda-
 tions regarding future use of  this  procurement  method.  In  addition,
 within  thirty  days  of the completion of the twentieth reverse auction
 through electronic means, or  by  April  first,  two  thousand  fifteen,
 whichever  is earlier, the commissioner shall prepare a report assessing
 the use of reverse auctions through electronic means and make  recommen-
 dations  regarding  future  use of this procurement method. Such reports
 shall be published on the website of the  office  of  general  services.
 Except  where  otherwise  provided by law, procurements shall be compet-
 itive, and state agencies shall conduct formal competitive  procurements
 to  the  maximum  extent  practicable. State agencies shall document the
 determination of the method of procurement and the basis of award in the
 procurement record. Where the basis for award is the best  value  offer,
 the  state  agency  shall  document,  in  the  procurement record and in
 advance of the initial receipt of offers, the determination of the eval-
 uation criteria, which whenever possible, shall be quantifiable, and the
 process to be used in the determination of best value and the manner  in
 which the evaluation process and selection shall be conducted.
   §  20. The tax law is amended by adding a new section 210-D to read as
 follows:
   § 210-D. STATEMENT ON DISCRIMINATION, INCLUDING SEXUAL HARASSMENT,  IN
 APPLICATIONS FOR STATE CREDITS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "AGENCY"  SHALL MEAN ANY STATE OR LOCAL GOVERNMENT, INCLUDING BUT
 NOT LIMITED TO A COUNTY, CITY, TOWN, VILLAGE, FIRE DISTRICT  OR  SPECIAL
 DISTRICT  OR  ANY OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR
 PROPRIETARY FUNCTION FOR THE STATE OR ANY  ONE  OR  MORE  MUNICIPALITIES
 THEREOF, AND IS AUTHORIZED TO IMPOSE TAX UNDER THIS CHAPTER;
   (B)  "APPLICANT"  SHALL  MEAN  A TAXPAYER THAT IS SUBJECT TO TAX UNDER
 THIS CHAPTER AND IS SUBJECT TO THE REQUIREMENTS OF THIS SECTION;

 A. 9505--C                         198
 
   (C) "TAXPAYER" SHALL MEAN ANY  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
 LIMITED  LIABILITY  PARTNERSHIP,  OR  COMPANY, PARTNER, MEMBER, MANAGER,
 ESTATE, TRUST, FIDUCIARY OR ENTITY, WHO OR WHICH IS CONDUCTING  BUSINESS
 IN THIS STATE; AND
   (D)  "TAX  CREDIT" SHALL MEAN THE AMOUNT REQUESTED BY THE TAXPAYER FOR
 REFUND OR OTHERWISE DETERMINED TO BE IN EXCESS OF THAT OWED WITH RESPECT
 TO ANY TAX IMPOSED UNDER THIS CHAPTER.
   2. (A) EVERY APPLICATION HEREAFTER MADE TO AN AGENCY SHALL CONTAIN THE
 FOLLOWING STATEMENT SUBSCRIBED BY THE APPLICANT  AND  AFFIRMED  BY  SUCH
 APPLICANT AS TRUE UNDER THE PENALTIES OF PERJURY:
   "BY  SUBMISSION  OF  THIS  APPLICATION, EACH APPLICANT AND EACH PERSON
 SIGNING ON BEHALF OF ANY BUSINESS CERTIFIES AS TO ITS OWN  ORGANIZATION,
 UNDER  PENALTY OF PERJURY THAT THE BUSINESS HAS A POLICY RELATING TO THE
 PROHIBITION OF DISCRIMINATION, INCLUDING  SEXUAL  HARASSMENT,  AND  SUCH
 BUSINESS PROVIDES SUCH POLICY, IN WRITING, TO ALL OF ITS EMPLOYEES."
   (B)  IN  ADDITION  TO  THE STATEMENT REQUIRED BY PARAGRAPH (A) OF THIS
 SUBDIVISION, ANY BUSINESS THAT MAINTAINS A WRITTEN POLICY FOR  PROHIBIT-
 ING  DISCRIMINATION,  INCLUDING  SEXUAL  HARASSMENT, SHALL SUBMIT TO THE
 AGENCY TO WHICH THEY ARE APPLYING FOR SUCH TAX  CREDIT  A  COPY  OF  THE
 CURRENT WRITTEN POLICY WHEN SUBMITTING SUCH STATEMENT.
   3.  THE STATEMENT REQUIRED BY PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION  OR THE WRITTEN POLICY FOR PROHIBITING DISCRIMINATION, INCLUDING
 SEXUAL HARASSMENT REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  TWO
 OF THIS SECTION, MAY BE SUBMITTED ELECTRONICALLY.
   4.  AN  APPLICATION SHALL NOT BE CONSIDERED FOR A TAX CREDIT NOR SHALL
 ANY CREDIT BE ALLOWED WHEN THE  APPLICANT  HAS  NOT  COMPLIED  WITH  THE
 PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION; PROVIDED, HOWEVER, THAT
 IF THE APPLICANT CANNOT MAKE THE FOREGOING CERTIFICATION, THE  APPLICANT
 SHALL  FURNISH  WITH THE APPLICATION A SIGNED STATEMENT WHICH SETS FORTH
 IN DETAIL THE REASONS THEREFOR.
   5. ANY APPLICATION HEREAFTER MADE TO AN AGENCY BY AN APPLICANT  FOR  A
 TAX  CREDIT,  SHALL  BE  DEEMED  TO HAVE BEEN AUTHORIZED BY THE BOARD OF
 DIRECTORS OF THE APPLICANT, AND SUCH AUTHORIZATION SHALL  BE  DEEMED  TO
 INCLUDE  THE SIGNING AND SUBMISSION OF THE APPLICATION AND THE INCLUSION
 THEREIN OF THE STATEMENT OR WRITTEN  POLICY  FOR  PROHIBITING  DISCRIMI-
 NATION,  INCLUDING  SEXUAL  HARASSMENT AS THE ACT AND DEED OF THE CORPO-
 RATION.
   § 21. The executive law is amended by adding a new  section  294-a  to
 read as follows:
   §  294-A.  ANTI-DISCRIMINATION PAMPHLET. 1. THE DIVISION SHALL PROMUL-
 GATE AN ANTI-DISCRIMINATION PAMPHLET RELATED TO RIGHTS AND  REMEDIES  OF
 EMPLOYEES, INTERNS, AND COVERED INDIVIDUALS REGARDING UNLAWFUL DISCRIMI-
 NATORY  PRACTICES OR DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, IN THE
 WORKPLACE. SUCH PAMPHLET SHALL INCLUDE, BUT NOT BE LIMITED TO:
   A. INFORMATION REGARDING HOW TO FILE A COMPLAINT PURSUANT TO STATE AND
 FEDERAL ANTI-DISCRIMINATION LAWS;
   B. A DESCRIPTION OF AN EMPLOYEE'S, INTERN'S, OR  COVERED  INDIVIDUAL'S
 RIGHTS UNDER STATE AND FEDERAL ANTI-DISCRIMINATION LAWS;
   C.  A DESCRIPTION OF THE REMEDIES THAT AN EMPLOYEE, INTERN, OR COVERED
 INDIVIDUAL MAY BE ENTITLED TO UNDER STATE AND  FEDERAL  ANTI-DISCRIMINA-
 TION LAWS;
   D.  CONTACT  INFORMATION  FOR THE DIVISION, THE OFFICE OF THE ATTORNEY
 GENERAL, THE DEPARTMENT OF LABOR AND THE  EQUAL  EMPLOYMENT  OPPORTUNITY
 COMMISSION; AND
   E.  A STATEMENT EXPLAINING THAT THE EMPLOYEE, INTERN, OR COVERED INDI-
 VIDUAL MAY BE ENTITLED TO CERTAIN RIGHTS AND REMEDIES UNDER LOCAL LAWS.

 A. 9505--C                         199
 
   2. THE ANTI-DISCRIMINATION PAMPHLET SHALL BE  MADE  AVAILABLE  TO  THE
 PUBLIC AND SHALL BE POSTED:
   A.  ON THE WEBSITE OF EVERY AGENCY, IF SUCH A WEBSITE EXISTS, PROVIDED
 THAT FOR THE PURPOSES OF THIS PARAGRAPH, "AGENCY" SHALL MEAN  ANY  STATE
 OR MUNICIPAL DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE,
 PUBLIC  AUTHORITY,  PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER GOVERN-
 MENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR  THE
 STATE OR ANY ONE OR MORE MUNICIPALITIES THEREOF;
   B.  ON  THE WEBSITE OF EVERY EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING
 AGENCY, IF SUCH A WEBSITE EXISTS; AND
   C. IN A CONSPICUOUS LOCATION IN ALL DESIGNATED EMPLOYEE COMMON  SPACES
 AND BREAKROOMS.
   3.  AN  EMPLOYER,  EMPLOYMENT AGENCY, LABOR ORGANIZATION, OR LICENSING
 AGENCY SHALL PROVIDE A COPY OF SUCH ANTI-DISCRIMINATION  PAMPHLET  UNDER
 THE FOLLOWING CIRCUMSTANCES:
   A. TO AN EMPLOYEE, INTERN, OR COVERED INDIVIDUAL WHENEVER SUCH EMPLOY-
 EE, INTERN, OR COVERED INDIVIDUAL COMMENCES EMPLOYMENT, VOLUNTEERING, OR
 CONTRACTING WITH SUCH EMPLOYER;
   B.  TO  AN  EMPLOYEE  OR  INTERN UPON COMPLETION OF ANY DISCRIMINATION
 AND/OR SEXUAL HARASSMENT PREVENTION TRAINING;
   C. TO AN EMPLOYEE, INTERN, OR COVERED INDIVIDUAL WHENEVER SUCH EMPLOY-
 EE, INTERN, OR  COVERED  INDIVIDUAL  FILES  A  DISCRIMINATION  COMPLAINT
 PURSUANT TO SUCH EMPLOYER'S POLICY;
   D. TO AN EMPLOYEE OR INTERN WHENEVER SUCH EMPLOYEE OR INTERN CONCLUDES
 EMPLOYMENT WITH SUCH EMPLOYER; AND
   E. TO AN EMPLOYEE, INTERN, OR COVERED INDIVIDUAL UPON SUCH EMPLOYEE'S,
 INTERN'S, OR COVERED INDIVIDUAL'S REQUEST.
   4.  FOR THE PURPOSES OF THIS SECTION, THE TERM "INTERN" SHALL HAVE THE
 SAME MEANING AS SET FORTH IN SECTION TWO HUNDRED  NINETY-SIX-C  OF  THIS
 ARTICLE.
   5.  FOR  THE PURPOSES OF THIS SECTION, "COVERED INDIVIDUAL" SHALL HAVE
 THE SAME MEANING AS SET FORTH IN SECTION  TWO  HUNDRED  NINETY-SIX-D  OF
 THIS ARTICLE.
   6. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   §  22.  The  executive law is amended by adding a new section 294-c to
 read as follows:
   § 294-C. TRAINING MATERIALS AND PUBLIC ACCESSIBILITY. 1. THE  DIVISION
 SHALL CREATE A TRAINING VIDEO TO ASSIST IN TRAINING EMPLOYERS, EMPLOYEES
 AND  INTERNS ON ISSUES RELATING TO PROHIBITING DISCRIMINATION AND UNLAW-
 FUL DISCRIMINATORY PRACTICES INCLUDING SEXUAL HARASSMENT  IN  THE  WORK-
 PLACE.  SUCH  TRAINING  VIDEO  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 INFORMATION PROVIDED IN  THE  ANTI-DISCRIMINATION  PAMPHLET  PROMULGATED
 PURSUANT  TO  SECTION  TWO HUNDRED NINETY-FOUR-A OF THIS ARTICLE AND THE
 MODEL POLICY  ON  DISCRIMINATION,  HARASSMENT,  SEXUAL  HARASSMENT,  AND
 RETALIATION PROMULGATED PURSUANT TO SECTION TWO HUNDRED NINETY-FOUR-B OF
 THIS CHAPTER.
   2. SUCH TRAINING VIDEO SHALL BE MADE AVAILABLE TO THE PUBLIC AND SHALL
 BE  POSTED  IN  AN  ELECTRONIC, EASILY VIEWABLE FORMAT ON THE DIVISION'S
 WEBSITE. SUCH TRAINING VIDEO SHALL BE UPDATED AS NECESSARY BUT  NO  LESS
 THAN EVERY TWO YEARS.
   3.  THE  DIVISION  SHALL  ESTABLISH  A  TOLL  FREE  NUMBER  TO RECEIVE
 COMPLAINTS THAT WILL BE STAFFED TWENTY-FOUR HOURS A DAY.
   4. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.

 A. 9505--C                         200
 
   5. FOR THE PURPOSE OF THIS SECTION, THE TERM "INTERN" SHALL  HAVE  THE
 SAME  MEANING  AS  SET FORTH IN SECTION TWO HUNDRED NINETY-SIX-C OF THIS
 ARTICLE.
   §  23.  The  executive law is amended by adding a new section 296-d to
 read as follows:
   § 296-D. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO  COVERED  INDI-
 VIDUALS. 1. AS USED IN THIS SECTION, "COVERED INDIVIDUAL" MEANS A PERSON
 WHO  PERFORMS WORK FOR AN EMPLOYER AS A CONTRACTOR, INDEPENDENT CONTRAC-
 TOR, SUBCONTRACTOR, OR VOLUNTEER WITHIN THE CONTEXT OF A  FORMAL  VOLUN-
 TEER PROGRAM.
   2.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER,
 LICENSING AGENCY, OR EMPLOYMENT AGENCY TO:
   (A) REFUSE TO HIRE, CONTRACT WITH, OR EMPLOY OR TO BAR OR TO DISCHARGE
 FROM WORK OR VOLUNTEER PROGRAM A COVERED INDIVIDUAL OR  TO  DISCRIMINATE
 AGAINST  SUCH  COVERED INDIVIDUAL IN TERMS, CONDITIONS, OR PRIVILEGES OF
 EMPLOYMENT BECAUSE OF THE COVERED INDIVIDUAL'S AGE, RACE, CREED,  COLOR,
 NATIONAL  ORIGIN,  SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISABILITY,
 PREDISPOSING  GENETIC  CHARACTERISTICS,  MARITAL  STATUS,  OR   DOMESTIC
 VIOLENCE VICTIM STATUS;
   (B)  DISCRIMINATE AGAINST A COVERED INDIVIDUAL IN RECEIVING, CLASSIFY-
 ING, DISPOSING OR OTHERWISE ACTING UPON APPLICATIONS FOR  ANY  CONTRACT,
 EMPLOYMENT  OR VOLUNTEER PROGRAM, AS DEFINED IN THIS ARTICLE, BECAUSE OF
 THE COVERED INDIVIDUAL'S AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXU-
 AL ORIENTATION, MILITARY STATUS, SEX, DISABILITY,  PREDISPOSING  GENETIC
 CHARACTERISTICS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
   (C) PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATE-
 MENT,  ADVERTISEMENT  OR  PUBLICATION, OR TO USE ANY FORM OF APPLICATION
 FOR CONTRACT, EMPLOYMENT OR VOLUNTEER PROGRAM, OR TO MAKE ANY INQUIRY IN
 CONNECTION WITH PROSPECTIVE CONTRACTS, EMPLOYMENT OR FORMAL VOLUNTEERING
 WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION OR
 DISCRIMINATION AS TO AGE, RACE, CREED, COLOR,  NATIONAL  ORIGIN,  SEXUAL
 ORIENTATION,  MILITARY  STATUS,  SEX,  DISABILITY,  PREDISPOSING GENETIC
 CHARACTERISTICS, MARITAL STATUS OR DOMESTIC VIOLENCE VICTIM  STATUS,  OR
 ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMINATION,
 UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION;
   (D)  DISCHARGE,  EXPEL  OR  OTHERWISE DISCRIMINATE AGAINST ANY COVERED
 INDIVIDUAL BECAUSE HE OR SHE HAS OPPOSED ANY PRACTICES  FORBIDDEN  UNDER
 THIS  ARTICLE  OR  BECAUSE HE OR SHE HAS FILED A COMPLAINT, TESTIFIED OR
 ASSISTED IN ANY PROCEEDING UNDER THIS ARTICLE; OR
   (E) COMPEL A COVERED INDIVIDUAL WHO IS PREGNANT TO  TAKE  A  LEAVE  OF
 ABSENCE, UNLESS THEY ARE PREVENTED BY SUCH PREGNANCY FROM PERFORMING THE
 ACTIVITIES  INVOLVED  IN  THE  JOB,  CONTRACT,  OCCUPATION  OR VOLUNTEER
 PROGRAM IN A REASONABLE MANNER.
   3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
   (A) ENGAGE IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR  SEXUAL  FAVORS,
 OR  OTHER  VERBAL  OR  PHYSICAL  CONDUCT OF A SEXUAL NATURE TO A COVERED
 INDIVIDUAL WHEN:
   (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
 A TERM OR CONDITION OF THEIR CONTRACT, EMPLOYMENT OR  FORMAL  VOLUNTEER-
 ING;
   (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY THE COVERED INDIVID-
 UAL IS USED AS THE BASIS FOR CONTRACT, EMPLOYMENT OR VOLUNTEER DECISIONS
 AFFECTING SUCH COVERED INDIVIDUAL; OR
   (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
 WITH THE COVERED INDIVIDUAL'S WORK PERFORMANCE BY CREATING AN INTIMIDAT-
 ING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT; OR

 A. 9505--C                         201
 
   (B) SUBJECT A COVERED INDIVIDUAL TO UNWELCOME HARASSMENT BASED ON AGE,
 SEX,  RACE, CREED, COLOR, SEXUAL ORIENTATION, MILITARY STATUS, DISABILI-
 TY,  PREDISPOSING  GENETIC  CHARACTERISTICS,  MARITAL  STATUS,  DOMESTIC
 VIOLENCE  VICTIM  STATUS,  OR NATIONAL ORIGIN, WHERE SUCH HARASSMENT HAS
 THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING WITH THE COVERED INDI-
 VIDUAL'S  WORK  PERFORMANCE  BY  CREATING  AN  INTIMIDATING, HOSTILE, OR
 OFFENSIVE WORKING ENVIRONMENT.
   4. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   § 24. Subdivision 4 of section 292 of the executive law, as amended by
 chapter 97 of the laws of 2014, is amended to read as follows:
   4. The term "unlawful discriminatory  practice"  includes  only  those
 practices  specified  in  sections  two  hundred ninety-six, two hundred
 ninety-six-a  [and],  two   hundred   ninety-six-c   AND   TWO   HUNDRED
 NINETY-SIX-D of this article.
   § 25. Subdivision 5 of section 292 of the executive law, as amended by
 chapter 363 of the laws of 2015, is amended to read as follows:
   5.  The term "employer" [does not include any employer with fewer than
 four persons in his or her employ except as set  forth  in  section  two
 hundred  ninety-six-b  of  this  article, provided, however, that in the
 case of an action for discrimination based on sex pursuant  to  subdivi-
 sion one of section two hundred ninety-six of this article, with respect
 to  sexual  harassment  only,  the  term  "employer"]  shall include all
 employers within the state.
   § 26. Subdivisions 9 and 10 of section 63 of the executive law, subdi-
 vision 9 as amended by chapter 359 of the laws of 1969, are  amended  to
 read as follows:
   9.  Bring  and  prosecute  or  defend upon request of the [industrial]
 commissioner OF LABOR or the state division of human rights,  any  civil
 action  or  proceeding, the institution or defense of which in his judg-
 ment is necessary for effective enforcement of the laws  of  this  state
 against  discrimination  by reason of age, race, SEX, creed, color [or],
 national  origin,  SEXUAL  ORIENTATION,  MILITARY  STATUS,   DISABILITY,
 PREDISPOSING  GENETIC  CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS,
 OR DOMESTIC VIOLENCE VICTIM STATUS, or for enforcement of any  order  or
 determination  of  such  commissioner  or division made pursuant to such
 laws.
   10. Prosecute every person charged with the commission of  a  criminal
 offense  in violation of any of the laws of this state against discrimi-
 nation because of AGE, race, SEX, creed, color,  [or]  national  origin,
 SEXUAL  ORIENTATION,  MILITARY  STATUS, DISABILITY, PREDISPOSING GENETIC
 CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, OR  DOMESTIC  VIOLENCE
 VICTIM  STATUS, in any case where in his judgment, because of the extent
 of the offense, such prosecution cannot be effectively carried on by the
 district attorney of the county wherein the offense or a portion thereof
 is alleged to have been committed, or where in his judgment the district
 attorney has erroneously failed or refused to  prosecute.  In  all  such
 proceedings,  the attorney-general may appear in person or by his deputy
 or assistant before any court or any grand jury  and  exercise  all  the
 powers  and  perform  all  the  duties  in  respect  of  such actions or
 proceedings which the district attorney would otherwise be authorized or
 required to exercise or perform.
   § 27. The general municipal law is amended by  adding  a  new  section
 103-d-1 to read as follows:
   §  103-D-1.  STATEMENT ON DISCRIMINATION, INCLUDING SEXUAL HARASSMENT,
 IN BIDS. 1. (A) EVERY BID OR PROPOSAL  HEREAFTER  MADE  TO  A  POLITICAL

 A. 9505--C                         202
 
 SUBDIVISION  OF  THE  STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL
 THEREOF WHERE COMPETITIVE BIDDING IS REQUIRED BY  STATUTE,  RULE,  REGU-
 LATION  OR  LOCAL LAW, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED
 OR  GOODS  SOLD  OR  TO  BE  SOLD, SHALL CONTAIN THE FOLLOWING STATEMENT
 SUBSCRIBED BY THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE  UNDER  THE
 PENALTIES OF PERJURY:
   "BY  SUBMISSION  OF  THIS  BID, EACH BIDDER AND EACH PERSON SIGNING ON
 BEHALF OF ANY BIDDER CERTIFIES, AND IN THE CASE  OF  A  JOINT  BID  EACH
 PARTY  THERETO  CERTIFIES  AS  TO ITS OWN ORGANIZATION, UNDER PENALTY OF
 PERJURY THAT THE BIDDER HAS A POLICY  RELATING  TO  THE  PROHIBITION  OF
 DISCRIMINATION,  INCLUDING  SEXUAL  HARASSMENT, AND SUCH BIDDER PROVIDES
 SUCH POLICY, IN WRITING, TO ALL OF ITS EMPLOYEES."
   (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ANY BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PROHIBITING
 DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, SHALL SUBMIT TO  THE  POLI-
 TICAL  SUBDIVISION  SOLICITING SUCH BID SUCH CURRENT WRITTEN POLICY WHEN
 SUBMITTING SUCH STATEMENT.
   (C) EVERY BID HEREAFTER MADE TO A POLITICAL SUBDIVISION, WHERE COMPET-
 ITIVE BIDDING IS NOT REQUIRED BY STATUTE, RULE OR REGULATION,  FOR  WORK
 OR  SERVICES  PERFORMED  OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD,
 MAY CONTAIN, AT THE DISCRETION OF THE POLITICAL SUBDIVISION, THE CERTIF-
 ICATION REQUIRED PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   2. NOTWITHSTANDING THE FOREGOING, THE STATEMENT REQUIRED BY  PARAGRAPH
 (A) OF SUBDIVISION ONE OF THIS SECTION OR THE WRITTEN POLICY FOR PROHIB-
 ITING  DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, REQUIRED PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, MAY BE SUBMITTED ELEC-
 TRONICALLY IN ACCORDANCE WITH  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF
 SECTION ONE HUNDRED THREE OF THIS CHAPTER.
   3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHEN  THE  BIDDER HAS NOT COMPLIED WITH SUBDIVISION ONE OF THIS SECTION;
 PROVIDED, HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE  FORE-
 GOING  CERTIFICATION,  SUCH BIDDER SHALL SO STATE AND SHALL FURNISH WITH
 THE BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THERE-
 FOR.
   4. ANY BID HEREAFTER MADE TO A POLITICAL SUBDIVISION  BY  A  CORPORATE
 BIDDER  FOR  WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD
 OR TO BE SOLD, WHERE SUCH BID CONTAINS THE STATEMENT OR  WRITTEN  POLICY
 REQUIRED  BY  SUBDIVISION  ONE  OF THIS SECTION, SHALL BE DEEMED TO HAVE
 BEEN AUTHORIZED BY THE BOARD OF  DIRECTORS  OF  SUCH  BIDDER,  AND  SUCH
 AUTHORIZATION  SHALL  BE DEEMED TO INCLUDE THE SIGNING AND SUBMISSION OF
 SUCH BID AND THE INCLUSION THEREIN OF THE STATEMENT AND  WRITTEN  POLICY
 FOR  PROHIBITING DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, AS THE ACT
 AND DEED OF THE CORPORATION.
   § 28. Subdivision 1 of section 103 of the general  municipal  law,  as
 amended  by  section  1  of chapter 2 of the laws of 2012, is amended to
 read as follows:
   1. Except as otherwise expressly provided by an act of the legislature
 or by a local law adopted prior to  September  first,  nineteen  hundred
 fifty-three,  all  contracts for public work involving an expenditure of
 more than  thirty-five  thousand  dollars  and  all  purchase  contracts
 involving  an expenditure of more than twenty thousand dollars, shall be
 awarded by the appropriate officer,  board  or  agency  of  a  political
 subdivision  or  of  any district therein including but not limited to a
 soil conservation district to the lowest responsible  bidder  furnishing
 the  required security after advertisement for sealed bids in the manner
 provided by this section, provided,  however,  that  purchase  contracts

 A. 9505--C                         203
 
 (including  contracts  for  service  work,  but  excluding  any purchase
 contracts necessary for the completion of a public works contract pursu-
 ant to article eight of the labor law) may be awarded on  the  basis  of
 best  value,  as defined in section one hundred sixty-three of the state
 finance law, to a responsive and responsible bidder or  offerer  in  the
 manner  provided  by this section except that in a political subdivision
 other than a city with a population of one million inhabitants  or  more
 or  any  district, board or agency with jurisdiction exclusively therein
 the use of best value for  awarding  a  purchase  contract  or  purchase
 contracts  must be authorized by local law or, in the case of a district
 corporation,  school  district  or  board  of  cooperative   educational
 services, by rule, regulation or resolution adopted at a public meeting.
 In  any case where a responsible bidder's or responsible offerer's gross
 price is reducible by an allowance for  the  value  of  used  machinery,
 equipment,  apparatus  or  tools to be traded in by a political subdivi-
 sion, the gross price shall be reduced by the amount of such  allowance,
 for  the  purpose  of determining the best value.  In cases where two or
 more responsible bidders furnishing the required security submit identi-
 cal bids as to price, such  officer,  board  or  agency  may  award  the
 contract  to  any of such bidders. Such officer, board or agency may, in
 his or her or its discretion, reject all bids or offers and  readvertise
 for new bids or offers in the manner provided by this section. In deter-
 mining  whether  a  purchase  is an expenditure within the discretionary
 threshold amounts established by this subdivision, the officer, board or
 agency of a political subdivision  or  of  any  district  therein  shall
 consider  the  reasonably  expected aggregate amount of all purchases of
 the same commodities, services or  technology  to  be  made  within  the
 twelve-month  period  commencing  on the date of purchase.  Purchases of
 commodities, services or technology shall not  be  artificially  divided
 for the purpose of satisfying the discretionary buying thresholds estab-
 lished  by this subdivision. A change to or a renewal of a discretionary
 purchase shall not be permitted if the change or renewal would bring the
 reasonably expected aggregate  amount  of  all  purchases  of  the  same
 commodities,  services  or  technology from the same provider within the
 twelve-month period commencing on the date of the first purchase  to  an
 amount  greater  than  the  discretionary  buying  threshold amount. For
 purposes of this section, "sealed bids" and  "sealed  offers",  as  that
 term  applies  to  purchase  contracts, (including contracts for service
 work, but excluding any purchase contracts necessary for the  completion
 of  a  public works contract pursuant to article eight of the labor law)
 shall include bids and offers submitted in an electronic format  includ-
 ing submission of the statement of non-collusion required by section one
 hundred  three-d  of  this article, AND THE STATEMENT AND WRITTEN POLICY
 FOR PROHIBITING DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, REQUIRED BY
 SECTION ONE HUNDRED THREE-D-1 OF THIS ARTICLE, provided that the govern-
 ing board of the political subdivision or district, by  resolution,  has
 authorized  the receipt of bids and offers in such format. Submission in
 electronic format may, for technology contracts only, be required as the
 sole method for the submission of  bids  and  offers.  Bids  and  offers
 submitted  in  an  electronic format shall be transmitted by bidders and
 offerers to the receiving device designated by the political subdivision
 or district. Any method used to receive electronic bids and offers shall
 comply with article three of the state technology law, and any rules and
 regulations promulgated and guidelines developed thereunder  and,  at  a
 minimum,  must (a) document the time and date of receipt of each bid and
 offer received electronically; (b)  authenticate  the  identity  of  the

 A. 9505--C                         204
 
 sender;  (c) ensure the security of the information transmitted; and (d)
 ensure the confidentiality of the bid or offer until the time  and  date
 established  for the opening of bids or offers. The timely submission of
 an  electronic bid or offer in compliance with instructions provided for
 such submission in the advertisement for bids or offers and/or the spec-
 ifications shall be the responsibility solely of each bidder or  offerer
 or  prospective  bidder or offerer. No political subdivision or district
 therein shall incur any liability from delays of or interruptions in the
 receiving device designated for the submission and receipt of electronic
 bids and offers.
   § 29. If any provision of this act or the application thereof is  held
 invalid,  the remainder of this act and the application thereof to other
 persons or circumstances shall not be affected by such holding and shall
 remain in full force and effect.
   § 30. This act shall take effect immediately; provided, however that:
   (a) sections  one,  two,  three,  four,  five,  fourteen,  fourteen-a,
 fifteen,  sixteen,  seventeen,  eighteen,  nineteen, twenty, twenty-one,
 twenty-two, twenty-three, twenty-four,  twenty-five,  twenty-seven,  and
 twenty-eight of this act shall take effect on the ninetieth day after it
 shall have become a law;
   (b)  sections  six,  seven,  eight,  nine,  ten, and eleven shall take
 effect on the first of January next succeeding  the  date  on  which  it
 shall have become a law;
   (c)  the  amendments  to  subdivision  7  of  section 163 of the state
 finance law made by section nineteen of this act shall  not  affect  the
 repeal of such section and shall be deemed repealed therewith;
   (d)  section  thirteen  of  this  act  shall  apply  to all employment
 contracts entered into, renewed, modified or amended on  or  after  such
 date;
   (e)  section twenty of this act shall apply to tax credits applied for
 on or after the ninetieth day after this act shall have become a law;
   (f) the amendments to subdivision 1 of  section  103  of  the  general
 municipal  law made by section twenty-eight of this act shall not affect
 the expiration and reversion of such subdivision pursuant to subdivision
 (a) of section 41 of part X of chapter  62  of  the  laws  of  2003,  as
 amended, and shall expire therewith; and
   (g)  effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.
 
                                 SUBPART J
 
   Section 1. Computer science education standards. 1.  The  commissioner
 of education shall convene a working group of educators including teach-
 ers  and school administrators, industry experts, institutions of higher
 education and employers to review existing nationally recognized comput-
 er science frameworks and develop draft model New  York  state  computer
 science  standards  for  kindergarten  through grade 12.   The workgroup
 shall use their educational or technological expertise  to  ensure  that
 the  model standards they recommend to the commissioner of education and
 Board of Regents prepare students for postsecondary education or employ-
 ment in the computer science field.
   2. On or before December 1, 2020, the working group  shall  deliver  a
 report to the commissioner of education and the Board of Regents detail-

 A. 9505--C                         205
 
 ing  the findings of the working group and recommend draft model kinder-
 garten through grade 12 computer science standards for their approval.
   § 2. This act shall take effect immediately.
 
                                 SUBPART K
 
                           Intentionally Omitted
 
                                 SUBPART L
 
   Section  1. Title 6 of article 2 of the public health law, as added by
 chapter 342 of the laws of 2014, is amended by adding a new section  267
 to read as follows:
   §  267.  FEMININE  HYGIENE  PRODUCTS  IN  SCHOOLS.  ALL ELEMENTARY AND
 SECONDARY PUBLIC SCHOOLS  AND  CHARTER  SCHOOLS  IN  THE  STATE  SERVING
 STUDENTS  IN ANY GRADE FROM GRADE SIX THROUGH GRADE TWELVE SHALL PROVIDE
 FEMININE HYGIENE PRODUCTS IN THE RESTROOMS OF SUCH  SCHOOL  BUILDING  OR
 BUILDINGS. SUCH PRODUCTS SHALL BE PROVIDED AT NO CHARGE TO STUDENTS.
   § 2. This act shall take effect July 1, 2018.
 
                                 SUBPART M
 
   Section  1.  Subdivision  15  of  section  378 of the executive law is
 renumbered as subdivision 18.
   § 2. Subdivision 16 of section 378 of the executive law is  renumbered
 subdivision  15  and two new subdivisions 16 and 17 are added to read as
 follows:
   16. STANDARDS REQUIRING THE INSTALLATION AND MAINTENANCE OF  AT  LEAST
 ONE SAFE, SANITARY, AND CONVENIENT DIAPER CHANGING STATION, DECK, TABLE,
 OR  SIMILAR  AMENITY  WHICH  SHALL BE AVAILABLE FOR USE BY BOTH MALE AND
 FEMALE OCCUPANTS AND WHICH  SHALL  COMPLY  WITH  SECTION  603.5  (DIAPER
 CHANGING  TABLES)  OF  THE  TWO THOUSAND NINE EDITION OF THE PUBLICATION
 ENTITLED ICC A117.1, ACCESSIBLE AND  USABLE  BUILDINGS  AND  FACILITIES,
 PUBLISHED  BY  THE INTERNATIONAL CODE COUNCIL, INC., ON EACH FLOOR LEVEL
 CONTAINING A PUBLIC TOILET ROOM IN ALL NEWLY  CONSTRUCTED  BUILDINGS  IN
 THE  STATE  THAT  HAVE  ONE OR MORE AREAS CLASSIFIED AS ASSEMBLY GROUP A
 OCCUPANCIES OR MERCANTILE GROUP M OCCUPANCIES AND IN ALL EXISTING BUILD-
 INGS IN THE STATE THAT HAVE ONE OR MORE  AREAS  CLASSIFIED  AS  ASSEMBLY
 GROUP  A  OCCUPANCIES  OR  MERCANTILE  GROUP M OCCUPANCIES AND UNDERGO A
 SUBSTANTIAL RENOVATION. THE COUNCIL SHALL PRESCRIBE THE  TYPE  OF  RENO-
 VATION  TO  BE DEEMED TO BE A SUBSTANTIAL RENOVATION FOR THE PURPOSES OF
 THIS SUBDIVISION. THE COUNCIL MAY EXEMPT  HISTORIC  BUILDINGS  FROM  THE
 REQUIREMENTS OF THIS SUBDIVISION.
   17.  STANDARDS  REQUIRING  THAT, IN EACH BUILDING THAT HAS ONE OR MORE
 AREAS CLASSIFIED AS ASSEMBLY GROUP A OCCUPANCIES OR MERCANTILE  GROUP  M
 OCCUPANCIES  AND  IN  WHICH  AT LEAST ONE DIAPER CHANGING STATION, DECK,
 TABLE, OR SIMILAR AMENITY IS INSTALLED, A SIGN  SHALL  BE  POSTED  IN  A
 CONSPICUOUS  PLACE IN EACH PUBLIC TOILET ROOM INDICATING THE LOCATION OF
 THE NEAREST DIAPER CHANGING STATION, DECK,  TABLE,  OR  SIMILAR  AMENITY
 THAT  IS  AVAILABLE FOR USE BY THE GENDER USING SUCH PUBLIC TOILET ROOM.
 THE REQUIREMENTS OF THIS  SUBDIVISION  SHALL  APPLY  WITHOUT  REGARD  TO
 WHETHER THE DIAPER CHANGING STATION, DECK, TABLE, OR SIMILAR AMENITY WAS
 INSTALLED VOLUNTARILY OR PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION
 OR  ANY OTHER APPLICABLE LAW, STATUTE, RULE, OR REGULATION. NO SUCH SIGN
 SHALL BE REQUIRED IN A PUBLIC TOILET ROOM IN WHICH ANY  DIAPER  CHANGING
 STATION, DECK, TABLE, OR SIMILAR AMENITY IS LOCATED.

 A. 9505--C                         206
 
   §  3.  This  act shall take effect January 1, 2019; provided, however,
 that effective immediately, the addition, amendment and/or repeal of any
 rules or regulations by the secretary of state and/or by the state  fire
 prevention and building code council necessary for the implementation of
 section  two  of  this  act  on  its  effective  date are authorized and
 directed to be made and completed on or before such effective date.
 
                                 SUBPART N
 
   Section 1. Paragraph 13 of subsection  (i)  of  section  3216  of  the
 insurance  law is amended by adding three new subparagraphs (C), (D) and
 (E) to read as follows:
   (C) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE  THAT
 PROVIDES  COVERAGE  FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL PROVIDE
 COVERAGE FOR:
   (I) IN VITRO FERTILIZATION USED IN THE TREATMENT OF INFERTILITY; AND
   (II) STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY MEDICAL
 TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY  TO  A
 COVERED PERSON.
   (D)  (I)  FOR  THE  PURPOSES  OF  SUBPARAGRAPH  (C) OF THIS PARAGRAPH,
 "INFERTILITY" MEANS A DISEASE OR CONDITION CHARACTERIZED BY THE INCAPAC-
 ITY TO IMPREGNATE ANOTHER PERSON OR TO CONCEIVE, AS DIAGNOSED OR  DETER-
 MINED (I) BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE, OR
 (II)  BY  THE  FAILURE  TO  ESTABLISH  A CLINICAL PREGNANCY AFTER TWELVE
 MONTHS OF REGULAR, UNPROTECTED SEXUAL INTERCOURSE, OR AFTER  SIX  MONTHS
 OF REGULAR, UNPROTECTED SEXUAL INTERCOURSE IN THE CASE OF A FEMALE THIR-
 TY-FIVE YEARS OF AGE OR OLDER.
   (II)  FOR  THE PURPOSES OF SUBPARAGRAPH (C) OF THIS PARAGRAPH, "IATRO-
 GENIC INFERTILITY" MEANS AN IMPAIRMENT OF FERTILITY  BY  SURGERY,  RADI-
 ATION,  CHEMOTHERAPY  OR  OTHER MEDICAL TREATMENT AFFECTING REPRODUCTIVE
 ORGANS OR PROCESSES.
   (E) NO INSURER PROVIDING COVERAGE UNDER THIS PARAGRAPH SHALL DISCRIMI-
 NATE BASED ON A COVERED INDIVIDUAL'S EXPECTED LENGTH OF LIFE, PRESENT OR
 PREDICTED DISABILITY, DEGREE OF MEDICAL DEPENDENCY, PERCEIVED QUALITY OF
 LIFE, OR OTHER HEALTH CONDITIONS, NOR BASED ON PERSONAL CHARACTERISTICS,
 INCLUDING AGE, SEX, SEXUAL ORIENTATION, MARITAL STATUS OR GENDER IDENTI-
 TY.
   § 2. Paragraph 6 of subsection (k) of section 3221  of  the  insurance
 law  is  amended  by  adding three new subparagraphs (E), (F) and (G) to
 read as follows:
   (E) EVERY GROUP POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE
 THAT  PROVIDES  HOSPITAL,  SURGICAL  OR  MEDICAL  COVERAGE SHALL PROVIDE
 COVERAGE FOR:
   (I) IN VITRO FERTILIZATION USED IN THE TREATMENT OF INFERTILITY; AND
   (II) STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY MEDICAL
 TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY  TO  A
 COVERED PERSON.
   (F)  (I)  FOR  THE  PURPOSES  OF  SUBPARAGRAPH  (E) OF THIS PARAGRAPH,
 "INFERTILITY" MEANS A DISEASE OR CONDITION CHARACTERIZED BY THE INCAPAC-
 ITY TO IMPREGNATE ANOTHER PERSON OR TO CONCEIVE, AS DIAGNOSED OR  DETER-
 MINED (I) BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE, OR
 (II)  BY  THE  FAILURE  TO  ESTABLISH  A CLINICAL PREGNANCY AFTER TWELVE
 MONTHS OF REGULAR, UNPROTECTED SEXUAL INTERCOURSE, OR AFTER  SIX  MONTHS
 OF REGULAR, UNPROTECTED SEXUAL INTERCOURSE IN THE CASE OF A FEMALE THIR-
 TY-FIVE YEARS OF AGE OR OLDER.

 A. 9505--C                         207
 
   (II)  FOR  THE PURPOSES OF SUBPARAGRAPH (E) OF THIS PARAGRAPH, "IATRO-
 GENIC INFERTILITY" MEANS AN IMPAIRMENT OF FERTILITY  BY  SURGERY,  RADI-
 ATION,  CHEMOTHERAPY  OR  OTHER MEDICAL TREATMENT AFFECTING REPRODUCTIVE
 ORGANS OR PROCESSES.
   (G) NO INSURER PROVIDING COVERAGE UNDER THIS PARAGRAPH SHALL DISCRIMI-
 NATE BASED ON A COVERED INDIVIDUAL'S EXPECTED LENGTH OF LIFE, PRESENT OR
 PREDICTED DISABILITY, DEGREE OF MEDICAL DEPENDENCY, PERCEIVED QUALITY OF
 LIFE, OR OTHER HEALTH CONDITIONS, NOR BASED ON PERSONAL CHARACTERISTICS,
 INCLUDING AGE, SEX, SEXUAL ORIENTATION, MARITAL STATUS OR GENDER IDENTI-
 TY.
   §  3.  Subsection (s) of section 4303 of the insurance law, as amended
 by section 2 of part F of chapter 82 of the laws of 2002, is amended  by
 adding three new paragraphs 5, 6 and 7 to read as follows:
   (5)  EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
 HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION FOR  DELIVERY
 IN THIS STATE THAT PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
 PROVIDE COVERAGE FOR:
   (A) IN VITRO FERTILIZATION USED IN THE TREATMENT OF INFERTILITY; AND
   (B)  STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY MEDICAL
 TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY  TO  A
 COVERED PERSON.
   (6) (A) FOR THE PURPOSES OF PARAGRAPH FIVE OF THIS SUBSECTION, "INFER-
 TILITY"  MEANS A DISEASE OR CONDITION CHARACTERIZED BY THE INCAPACITY TO
 IMPREGNATE ANOTHER PERSON OR TO CONCEIVE, AS DIAGNOSED OR DETERMINED (I)
 BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE, OR  (II)  BY
 THE  FAILURE  TO  ESTABLISH  A CLINICAL PREGNANCY AFTER TWELVE MONTHS OF
 REGULAR, UNPROTECTED SEXUAL INTERCOURSE, OR AFTER SIX MONTHS OF REGULAR,
 UNPROTECTED SEXUAL INTERCOURSE IN THE CASE OF A FEMALE THIRTY-FIVE YEARS
 OF AGE OR OLDER.
   (B) FOR THE PURPOSES OF PARAGRAPH FIVE OF THIS SUBSECTION, "IATROGENIC
 INFERTILITY" MEANS AN IMPAIRMENT OF  FERTILITY  BY  SURGERY,  RADIATION,
 CHEMOTHERAPY OR OTHER MEDICAL TREATMENT AFFECTING REPRODUCTIVE ORGANS OR
 PROCESSES.
   (7)  NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
 RATION OR HEALTH  SERVICE  CORPORATION  PROVIDING  COVERAGE  UNDER  THIS
 SUBSECTION  SHALL  DISCRIMINATE BASED ON A COVERED INDIVIDUAL'S EXPECTED
 LENGTH OF LIFE, PRESENT  OR  PREDICTED  DISABILITY,  DEGREE  OF  MEDICAL
 DEPENDENCY,  PERCEIVED  QUALITY OF LIFE, OR OTHER HEALTH CONDITIONS, NOR
 BASED ON PERSONAL CHARACTERISTICS, INCLUDING  AGE,  SEX,  SEXUAL  ORIEN-
 TATION, MARITAL STATUS OR GENDER IDENTITY.
   § 4. Subparagraph (C) of paragraph 6 of subsection (k) of section 3221
 of the insurance law, as amended by section 1 of part K of chapter 82 of
 the laws of 2002, is amended to read as follows:
   (C)   Coverage  of  diagnostic  and  treatment  procedures,  including
 prescription drugs, used in the diagnosis and treatment  of  infertility
 as  required  by  subparagraphs  (A)  and (B) of this paragraph shall be
 provided in accordance with the provisions of this subparagraph.
   (i) [Coverage shall be provided for  persons  whose  ages  range  from
 twenty-one  through forty-four years, provided that nothing herein shall
 preclude the provision of coverage to persons  whose  age  is  below  or
 above such range.
   (ii)]  Diagnosis  and  treatment of infertility shall be prescribed as
 part of a physician's overall plan  of  care  and  consistent  with  the
 guidelines for coverage as referenced in this subparagraph.
   [(iii)]  (II)  Coverage may be subject to co-payments, coinsurance and
 deductibles as may be deemed appropriate by the  superintendent  and  as

 A. 9505--C                         208
 
 are  consistent with those established for other benefits within a given
 policy.
   [(iv)  Coverage  shall  be  limited to those individuals who have been
 previously covered under the policy for a period of not less than twelve
 months, provided that for the purposes of this subparagraph  "period  of
 not  less  than  twelve  months" shall be determined by calculating such
 time from either the date the insured was first covered under the exist-
 ing policy or from the date the insured was first covered by a previous-
 ly in-force converted policy, whichever is earlier.
   (v)] (III) Coverage shall not be required to include the diagnosis and
 treatment of infertility in connection with: (I)  [in  vitro  fertiliza-
 tion, gamete intrafallopian tube transfers or zygote intrafallopian tube
 transfers;  (II)]  the reversal of elective sterilizations; [(III)] (II)
 sex change procedures; [(IV)] (III) cloning; or [(V)]  (IV)  medical  or
 surgical  services  or  procedures that are deemed to be experimental in
 accordance with clinical guidelines referenced in clause [(vi)] (IV)  of
 this subparagraph.
   [(vi)]  (IV) The superintendent, in consultation with the commissioner
 of health, shall promulgate regulations which shall stipulate the guide-
 lines and standards which shall be used in carrying out  the  provisions
 of this subparagraph, which shall include:
   (I)  [The determination of "infertility" in accordance with the stand-
 ards and guidelines established and adopted by the American  College  of
 Obstetricians  and  Gynecologists and the American Society for Reproduc-
 tive Medicine;
   (II)] The identification of experimental procedures and treatments not
 covered for the diagnosis and treatment  of  infertility  determined  in
 accordance  with the standards and guidelines established and adopted by
 the American College of Obstetricians and Gynecologists and the American
 Society for Reproductive Medicine;
   [(III)] (II) The identification of the required  training,  experience
 and  other  standards  for  health  care  providers for the provision of
 procedures and treatments for the diagnosis and treatment of infertility
 determined in accordance with the standards and  guidelines  established
 and  adopted  by the American College of Obstetricians and Gynecologists
 and the American Society for Reproductive Medicine; and
   [(IV)] (III) The determination of appropriate  medical  candidates  by
 the  treating  physician in accordance with the standards and guidelines
 established and adopted by the American  College  of  Obstetricians  and
 Gynecologists and/or the American Society for Reproductive Medicine.
   §  5.  Paragraph  3 of subsection (s) of section 4303 of the insurance
 law, as amended by section 2 of part K of chapter  82  of  the  laws  of
 2002, is amended to read as follows:
   (3)   Coverage  of  diagnostic  and  treatment  procedures,  including
 prescription drugs used in the diagnosis and treatment of infertility as
 required by paragraphs one and two of this subsection shall be  provided
 in accordance with this paragraph.
   (A)  [Coverage  shall  be  provided  for persons whose ages range from
 twenty-one through forty-four years, provided that nothing herein  shall
 preclude  the  provision  of  coverage  to persons whose age is below or
 above such range.
   (B)] Diagnosis and treatment of infertility  shall  be  prescribed  as
 part  of  a  physician's  overall  plan  of care and consistent with the
 guidelines for coverage as referenced in this paragraph.
   [(C)] (B) Coverage may be  subject  to  co-payments,  coinsurance  and
 deductibles  as  may  be deemed appropriate by the superintendent and as

 A. 9505--C                         209
 
 are consistent with those established for other benefits within a  given
 policy.
   [(D)  Coverage  shall  be  limited  to those individuals who have been
 previously covered under the policy for a period of not less than twelve
 months, provided that for the purposes of this paragraph "period of  not
 less  than  twelve  months" shall be determined by calculating such time
 from either the date the insured was first covered  under  the  existing
 policy  or  from  the date the insured was first covered by a previously
 in-force converted policy, whichever is earlier.
   (E)] (C) Coverage shall not be required to include the  diagnosis  and
 treatment  of  infertility  in connection with: (i) [in vitro fertiliza-
 tion, gamete intrafallopian tube transfers or zygote intrafallopian tube
 transfers; (ii)] the reversal of elective sterilizations;  [(iii)]  (II)
 sex  change  procedures;  [(iv)] (III) cloning; or [(v)] (IV) medical or
 surgical services or procedures that are deemed to  be  experimental  in
 accordance with clinical guidelines referenced in subparagraph [(F)] (D)
 of this paragraph.
   [(F)] (D) The superintendent, in consultation with the commissioner of
 health,  shall  promulgate  regulations which shall stipulate the guide-
 lines and standards which shall be used in carrying out  the  provisions
 of this paragraph, which shall include:
   (i)  [The determination of "infertility" in accordance with the stand-
 ards and guidelines established and adopted by the American  College  of
 Obstetricians  and  Gynecologists and the American Society for Reproduc-
 tive Medicine;
   (ii)] The identification of experimental procedures and treatments not
 covered for the diagnosis and treatment  of  infertility  determined  in
 accordance  with the standards and guidelines established and adopted by
 the American College of Obstetricians and Gynecologists and the American
 Society for Reproductive Medicine;
   [(iii)] (II) The identification of the required  training,  experience
 and  other  standards  for  health  care  providers for the provision of
 procedures and treatments for the diagnosis and treatment of infertility
 determined in accordance with the standards and  guidelines  established
 and  adopted  by the American College of Obstetricians and Gynecologists
 and the American Society for Reproductive Medicine; and
   [(iv)] (III) The determination of appropriate  medical  candidates  by
 the  treating  physician in accordance with the standards and guidelines
 established and adopted by the American  College  of  Obstetricians  and
 Gynecologists and/or the American Society for Reproductive Medicine.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall apply to  all
 policies issued, renewed, altered or modified on or after such date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through N of this act shall
 be as specifically set forth in the last section of such subparts.

 A. 9505--C                         210
 
                                 PART GGG
 
   Section  1.  Section  1-104 of the election law is amended by adding a
 new subdivision 38 to read as follows:
   38. "COMPUTER GENERATED REGISTRATION LIST" MEANS A  PRINTED  OR  ELEC-
 TRONIC  LIST  OF  VOTERS  IN  ALPHABETICAL  ORDER  FOR A SINGLE ELECTION
 DISTRICT OR POLL SITE, GENERATED FROM A COMPUTER REGISTRATION  FILE  FOR
 EACH  ELECTION  AND CONTAINING FOR EACH VOTER LISTED, A FACSIMILE OF THE
 SIGNATURE OF THE VOTER. SUCH A LIST MAY BE IN A SINGLE VOLUME OR IN MORE
 THAN ONE VOLUME. THE LIST MAY BE UTILIZED IN PLACE OF REGISTRATION  POLL
 RECORDS,  TO  ESTABLISH  A  PERSON'S  ELIGIBILITY TO VOTE IN THE POLLING
 PLACE ON ELECTION DAY.
   § 2. Subdivision 1 of section 4-128 of the election law, as amended by
 chapter 125 of the laws of 2011, is amended to read as follows:
   1. The board of elections of each county shall provide  the  requisite
 number  of  official  and facsimile ballots, two cards of instruction to
 voters in the form prescribed by the state board of elections, at  least
 one  copy of the instruction booklet for inspectors, a sufficient number
 of maps, street finders or other descriptions  of  all  of  the  polling
 places  and election districts within the political subdivision in which
 the polling place is located to enable the election inspectors and  poll
 clerks  to determine the correct election district and polling place for
 each street address within the political subdivision in which the  poll-
 ing  place is located, distance markers, tally sheets and return blanks,
 pens, [black ink, or ball point pens with black  ink,]  pencils  [having
 black  lead],  OR  OTHER  APPROPRIATE MARKING DEVICES, envelopes for the
 ballots of voters whose registration poll records are not in the  ledger
 or whose names are not [on] IN the computer generated registration list,
 envelopes for returns, identification buttons, badges or emblems for the
 inspectors  and  clerks  in  the  form  prescribed by the state board of
 elections and such other articles of stationery as may be necessary  for
 the  proper  conduct  of  elections,  except  that  when a town, city or
 village holds an election not conducted by the board of  elections,  the
 clerk  of  such  town,  city or village, shall provide such official and
 facsimile ballots and the necessary blanks, supplies and stationery  for
 such election.
   § 3. Subdivision c of section 4-132 of the election law, as amended by
 chapter 164 of the laws of 1985, is amended to read as follows:
   c.  A  booth or device in each election district for the use of voters
 marking ballots. Such booth or device shall  be  so  constructed  as  to
 permit  the  voter  to  mark  his  OR HER ballot in secrecy and shall be
 furnished at all times with [a pencil having black lead only] AN  APPRO-
 PRIATE MARKING DEVICE.
   § 4. Section 4-134 of the election law, the section heading as amended
 by  chapter  373 of the laws of 1978, subdivisions 1 and 3 as amended by
 chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter  635
 of the laws of 1990, is amended to read as follows:
   §  4-134.  Preparation and delivery of ballots, supplies and equipment
 for use at elections. 1. The board of elections shall  deliver,  at  its
 office,  to  the  clerk  of  each town or city in the county, except the
 cities of New York, Buffalo and Rochester  and  to  the  clerk  of  each
 village  in  the county in which elections are conducted by the board of
 elections, by the Saturday before the primary, general, village or other
 election for which they are required: the official and  sample  ballots;
 ledgers  prepared for delivery in the manner provided in subdivision two

 A. 9505--C                         211

 of this section and containing the  registration  poll  records  of  all
 persons entitled to vote at such election in such town, city or village,
 or  computer  generated  registration  lists containing the names of all
 persons entitled to vote at such election in such town, city or village;
 challenge  reports  prepared  as  directed  by  this chapter; sufficient
 applications for registration by mail; sufficient ledger seals and other
 supplies and equipment required by this article to be  provided  by  the
 board of elections for each polling place in such town, city or village.
 The  town,  city or village clerk shall call at the office of such board
 of elections at such time and receive such ballots, supplies and  equip-
 ment.  In  the  cities  of  New York, Buffalo and Rochester the board of
 elections shall cause such ballots, supplies and equipment to be  deliv-
 ered  to the board of inspectors of each election district approximately
 one-half hour before the opening of the polls for voting, and shall take
 receipts therefor.
   2. The board of elections shall provide for each election  district  a
 ledger  or ledgers containing the registration poll records or [printed]
 lists with computer generated facsimile signatures, of all persons enti-
 tled to vote in such election district at such  election.  Such  ledgers
 shall  be  labelled,  sealed,  locked and transported in locked carrying
 cases. After leaving the board of elections no such carrying case  shall
 be  unlocked except at the time and in the manner provided in this chap-
 ter.
   3. [Any envelope containing absentee  voters'  ballots  on  which  the
 blanks have not been properly filled in shall be stamped to indicate the
 defect  and  shall be preserved by the board for at least one year after
 the receipt thereof.
   4.] Each kind of official ballot shall be arranged in a package in the
 consecutive order of the numbers printed on the stubs thereof  beginning
 with  number  one.  All  official  and  sample ballots for each election
 district shall be in separate sealed packages,  clearly  marked  on  the
 outside  thereof,  with the number and kind of ballots contained therein
 and indorsed with the designation of the  election  district  for  which
 they  were  prepared.  The  other  supplies  provided  for each election
 district also shall be [inclosed] ENCLOSED in a sealed package, or pack-
 ages, with a label on the outside thereof showing the contents  of  each
 package.
   [5.  Each  town,  city and village clerk receiving such packages shall
 cause all] 4. ALL such packages so received and marked for any  election
 district  [to]  SHALL  be  delivered unopened and with the seals thereof
 unbroken to the inspectors of election of  such  election  districts  at
 least  [one-half]  ONE  hour  before  the  opening  of the polls of such
 election therein, [and] WHO shall [take] GIVE a receipt therefor  speci-
 fying  the number and kind of packages delivered. [At the same time each
 such clerk shall cause to be delivered to such inspectors the  equipment
 described  in  subdivision two of this section and shall cause a receipt
 to be taken therefor.
   6.] 5. Town, city and village clerks required to provide official  and
 sample  ballots, registration records, seals, supplies and equipment, as
 described in this section, for town,  city  and  village  elections  not
 conducted  by the board of elections, shall in like manner, deliver them
 to the inspectors or presiding officers of the election at each  polling
 place  at  which  such meetings and elections are held, respectively, in
 like sealed packages marked on the outside in  like  manner,  and  shall
 take receipts therefor in like manner.

 A. 9505--C                         212
 
   § 5. Subdivision 1 of section 5-302 of the election law, as separately
 amended  by  chapter 164 and chapter 558 of the laws of 1985, is amended
 to read as follows:
   1.  Before  placing the registration poll record in the poll ledger OR
 IN THE COMPUTER GENERATED REGISTRATION LIST, the board  shall  enter  in
 the  space  provided  therefor  [on  the  back of such registration poll
 record] the name of the party designated by the voter on his application
 form, provided such party continues to be a party  as  defined  in  this
 law.    If such party ceases to be a party at any time, either before or
 after such enrollment is so entered, the enrollment of such voter  shall
 be  deemed  to  be  blank  and shall be entered as such until such voter
 files an application for change of enrollment pursuant to the provisions
 of this chapter.  [In the city of New York the board shall also affix  a
 gummed  sticker  of  a different color for each party in a place on such
 registration poll record immediately adjacent to such entry.] The  board
 shall  enter  the  date  of such entry and affix initials thereto in the
 space provided.
   § 6. Paragraph c of subdivision 3 of section  5-506  of  the  election
 law,  as  amended by chapter 659 of the laws of 1994, is amended to read
 as follows:
   c. The computer generated registration list prepared for each election
 in each election district shall be [printed by a printer] PREPARED IN  A
 MANNER  which  meets  or  exceeds  standards  for  clarity  and speed of
 [reproduction] PRODUCTION established by the state board  of  elections,
 shall  be  in  a form approved by such board, shall include the names of
 all voters eligible to vote in such election and shall be  in  alphabet-
 ical  order, except that, at a primary election, the names of the voters
 enrolled in each political party may be placed in a separate part of the
 list or in a separate list, as the board of elections in its discretion,
 may determine.  Such list shall contain, adjacent to each voter's  name,
 OR  IN  A  SPACE  SO DESIGNATED, at least the following: street address,
 date of birth,  party  enrollment,  year  of  registration,  a  computer
 reproduced  facsimile of the voter's signature or an indication that the
 voter is unable to sign his name, a place for the voter to sign his name
 at such election and a place for  the  inspectors  to  mark  the  voting
 machine number, the public counter number [and] IF ANY, OR the number of
 any paper ballots given the voter.
   § 7. Subdivision 2 of section 8-202 of the election law, as amended by
 chapter 164 of the laws of 2010, is amended to read as follows:
   2.  The  exterior  of  any  ballot  scanner, ballot marking device and
 privacy booth and every part of the polling place shall be in plain view
 of the election inspectors and watchers.  The  ballot  scanners,  ballot
 marking  devices,  and privacy booths shall be placed at least four feet
 from the table used by the inspectors in  charge  of  the  poll  [books]
 LEDGER  OR COMPUTER GENERATED REGISTRATION LIST. The guard-rail shall be
 at least three feet from the machine and the table used by  the  inspec-
 tors.  The  election  inspectors  shall  not themselves be, or allow any
 other person to be, in any position or  near  any  position,  that  will
 permit  one  to see or ascertain how a voter votes, or how he or she has
 voted nor shall they permit any other person to be less than three  feet
 from  the  ballot scanner, ballot marking device, or privacy booth while
 occupied. The election inspectors or clerks attending the  ballot  scan-
 ner, ballot marking device, or privacy booth shall regularly inspect the
 face  of  the  ballot scanner, ballot marking device, or the interior of
 the privacy booth to see that the ballot scanner, ballot marking device,
 or privacy booth has not been damaged or tampered with. During elections

 A. 9505--C                         213
 
 the door or other covering of the counter  compartment  of  the  machine
 shall  not  be  unlocked  or  opened  except by a member of the board of
 elections, a voting machine custodian  or  any  other  person  upon  the
 specific instructions of the board of elections.
   §  8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election
 law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
 visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
 ing paragraph of paragraph (e) of subdivision 3 as  amended  by  chapter
 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
 vision  3  as amended by chapter 164 of the laws of 2010, are amended to
 read as follows:
   2. The voter shall give [his] THE VOTER'S name and [his]  THE  VOTER'S
 residence  address to the inspectors. An inspector shall then loudly and
 distinctly announce the name and residence of the voter.
   2-a. (a) If a voter's name appears in the LEDGER OR computer generated
 registration list with a notation indicating that the  voter's  identity
 was  not  yet verified as required by the federal Help America Vote Act,
 the inspector shall require that the voter produce one of the  following
 types  of  identification before permitting the voter to cast his or her
 vote on the voting machine:
   (i) a driver's license or  department  of  motor  vehicles  non-driver
 photo ID card or other current and valid photo identification;
   (ii)  a  copy  of  a  current utility bill, bank statement, government
 check, paycheck or other government document that  shows  the  name  and
 address of the voter.
   (b)  If  the voter produces an identification document listed in para-
 graph (a) of this subdivision, the inspector shall indicate  so  in  the
 LEDGER OR computer generated registration list, the voter will be deemed
 verified  as required by the federal Help America Vote Act and the voter
 shall be permitted to cast his or her vote on the voting machine.
   (c) If the voter does not produce an identification document listed in
 paragraph (a) of this subdivision, the voter shall only be  entitled  to
 vote by affidavit ballot unless a court order provides otherwise.
   3.  (a) If an applicant is challenged, the board, without delay, shall
 either enter his name in the second  section  of  the  challenge  report
 together  with  the  other  entries  required to be made in such section
 opposite the applicant's name or make an entry next to [his] THE VOTER'S
 name [on] IN the computer generated registration list or  in  the  place
 provided [at the end of] IN the computer generated registration list.
   (b)  A  person  who  claims  to have moved to a new address within the
 election district in which he OR SHE is  registered  to  vote  shall  be
 permitted  to  vote in the same manner as other voters unless challenged
 on other grounds. The inspectors shall enter the names and new addresses
 of all such persons in either the first section of the challenge  report
 or  in  the  place  provided  [at  the end of] IN the computer generated
 registration list and shall also enter the  new  address  next  to  such
 person's  address on such computer generated registration list. When the
 registration poll records of persons who have voted from  new  addresses
 within  the  same  election  district  are  returned  to  the  board  of
 elections, such board shall change the addresses on  the  face  of  such
 registration  poll  records  without  completely  obliterating  the  old
 addresses and shall enter such new addresses and the new  addresses  for
 any  such  persons whose names were [on] IN computer generated registra-
 tion lists into its computer records for such persons.
   (c) A person who claims a changed name shall be permitted to  vote  in
 the  same manner as other voters unless challenged on other grounds. The

 A. 9505--C                         214
 
 inspectors shall either enter the names of all such persons in the first
 section of the challenge report or in the place provided [at the end of]
 IN the computer generated registration list, in the form in  which  they
 are  registered, followed in parentheses by the name as changed or enter
 the name as changed next to such voter's name on the computer  generated
 registration  list.  The voter shall sign first on the registration poll
 record or [on] IN the computer generated  registration  list,  the  name
 under  which  the voter is registered and, immediately above it, the new
 name, provided that [on] IN such  [a  computer  generated]  registration
 list,  the  new  name may be signed in the place provided [at the end of
 such list].  When the registration poll record of a person who has voted
 under a new name is returned to the board of elections, such board shall
 change [his] THE VOTER'S name on the face of each [of his]  registration
 [records] RECORD without completely obliterating the old one, and there-
 after  such person shall vote only under his OR HER new name. If a voter
 has signed a new name [on] IN a computer  generated  registration  list,
 such  board  shall enter such voter's new name and new signature in such
 voter's computer record.
   (d) If an applicant requests assistance in voting and qualifies there-
 for, the board shall provide assistance as directed by this chapter, and
 shall without delay either enter such applicant's  name  and  the  other
 entries required in the third section of the challenge report or make an
 entry  next  to  such  applicant's  name  [on] IN the computer generated
 registration list or in the place provided [at the end of  the  computer
 generated] IN SUCH registration list.
   (e)  Whenever a voter presents himself or herself and offers to cast a
 ballot, and he or she claims to live in the election district  in  which
 he or she seeks to vote but no registration poll record can be found for
 him or her in the poll ledger or his or her name does not appear [on] IN
 the  computer  generated  registration list or his or her signature does
 not appear next to his or her name [on]  IN  such  [computer  generated]
 registration list or his or her registration poll record or the computer
 generated  registration  list does not show him or her to be enrolled in
 the party in which he or she claims to be  enrolled,  a  poll  clerk  or
 election   inspector  shall  consult  a  map,  street  finder  or  other
 description of all of the polling places and election  districts  within
 the political subdivision in which said election district is located and
 if  necessary,  contact  the  board  of elections to obtain the relevant
 information and advise the  voter  of  the  correct  polling  place  and
 election  district  for  the  residence address provided by the voter to
 such poll clerk or election inspector. Thereafter, such voter  shall  be
 permitted  to  vote  in  said  election  district  only  as  hereinafter
 provided:
   (i) He OR SHE may present a court order requiring that he  OR  SHE  be
 permitted to vote. At a primary election, such a court order must speci-
 fy  the  party  in  which the voter is permitted to vote. [He] THE VOTER
 shall be required to sign [his] THEIR full name on top of the first page
 of such order, together  with  [his]  THE  VOTER'S  registration  serial
 number,  if  any,  and  [his]  THE  VOTER'S  name  and the other entries
 required shall then be entered without delay in the  fourth  section  of
 the  challenge  report  or  in the place provided [at the end of] IN the
 computer generated registration list, or, if such person's name  appears
 on  [the  computer  generated]  SUCH  registration  list,  the  board of
 elections may provide a place to make such entry next to his OR HER name
 on such list. The voter shall then be permitted to vote  in  the  manner
 otherwise  prescribed  for  voters  whose  registration poll records are

 A. 9505--C                         215
 
 found in the ledger or whose names are found on the  computer  generated
 registration list; or
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or  she  has  duly  registered  to  vote,  the  address in such election
 district from which he or she registered, that he or she remains a  duly
 qualified  voter in such election district, that his or her registration
 poll record appears to be lost or misplaced or  that  his  or  her  name
 and/or  his  or  her  signature  was omitted from the computer generated
 registration list or that he or she has moved within the county or  city
 since  he  or  she last registered, the address from which he or she was
 previously registered and the address  at  which  he  or  she  currently
 resides,  and  at  a  primary  election, the party in which he or she is
 enrolled. The inspectors of election shall offer such  an  affidavit  to
 each  such  voter  whose residence address is in such election district.
 Each such affidavit shall be in a form prescribed by the state board  of
 elections,  shall be printed on an envelope of the size and quality used
 for an absentee ballot envelope, and  shall  contain  an  acknowledgment
 that  the  affiant  understands that any false statement made therein is
 perjury punishable according to law. Such form prescribed by  the  state
 board  of  elections shall request information required to register such
 voter should the county board determine that such voter  is  not  regis-
 tered  and  shall  constitute  an  application to register to vote.  The
 voter's name and the entries required  shall  then  be  entered  without
 delay and without further inquiry in the fourth section of the challenge
 report  or  in the place provided [at the end of] IN the computer gener-
 ated registration list, with the notation that the  voter  has  executed
 the  affidavit hereinabove prescribed, or, if such person's name appears
 [on the computer generated] IN SUCH  registration  list,  the  board  of
 elections may provide a place to make such entry next to his or her name
 [on]  IN  such list.   The voter shall then, without further inquiry, be
 permitted to vote an affidavit ballot provided for by this chapter. Such
 ballot shall thereupon be placed in the envelope containing his  or  her
 affidavit,  and  the  envelope  sealed  and  returned  to  the  board of
 elections in the manner provided by this chapter for protested  official
 ballots, including a statement of the number of such ballots.
   4. At a primary election, a voter whose registration poll record is in
 the ledger OR COMPUTER GENERATED REGISTRATION LIST shall be permitted to
 vote  only  in the primary of the party in which such record shows [him]
 THE VOTER to be enrolled unless [he] THE VOTER  shall  present  a  court
 order pursuant to the provisions of subparagraph (i) of paragraph (e) of
 subdivision  three  of  this  section  requiring  that [he] THE VOTER be
 permitted to vote in the primary of another party, or  unless  [he]  THE
 VOTER  shall  present a certificate of enrollment issued by the board of
 elections, not earlier than one  month  before  such  primary  election,
 pursuant to the provisions of this chapter which certifies that [he] THE
 VOTER  is  enrolled  in  a party other than the one in which such record
 shows [him] THE VOTER  to  be  enrolled,  or  unless  he  OR  SHE  shall
 subscribe  an  affidavit pursuant to the provisions of subparagraph (ii)
 of paragraph (e) of subdivision three of this section.
   5. Except for voters unable to sign their names, no  person  shall  be
 permitted  to  vote  without  first  identifying  himself  OR HERSELF as
 required by this chapter.
   § 9. Subdivisions 1, 2 and 3 of section 8-304  of  the  election  law,
 subdivisions  1 and 2 as amended by chapter 425 of the laws of 1986, are
 amended to read as follows:

 A. 9505--C                         216
 
   1. A person before being allowed to vote shall be required, except  as
 provided  in this chapter, to sign his OR HER name on the back of his OR
 HER registration poll record on the first line reserved for his  OR  HER
 signature  at  the  time of election which is not filled with a previous
 signature,  or  [on  the  line of] IN THE SPACE PROVIDED IN the computer
 generated registration list reserved for [his]  THE  VOTER'S  signature.
 The two inspectors in charge shall satisfy themselves by a comparison of
 this  signature  with  [his]  THE  VOTER'S registration signature and by
 comparison of [his] THE VOTER'S appearance with the descriptive material
 on the face of the registration poll record that [he] THE VOTER  is  the
 person  registered.  If they are so satisfied they shall enter the other
 information required for the election on the same line with the  voter's
 latest  signature,  shall  sign  their  names  or initials in the spaces
 provided therefor, and shall permit the applicant to vote. Any inspector
 or inspectors not satisfied shall challenge the applicant forthwith.
   2. If a person who alleges [his] AN inability to sign his OR HER  name
 presents  himself  OR  HERSELF  to  vote,  the board of inspectors shall
 permit [him] SUCH PERSON to vote, unless challenged  on  other  grounds,
 provided  [he]  THE VOTER had been permitted to register without signing
 [his] THE VOTER'S name. The board shall enter the words "Unable to Sign"
 in the space on [his] THE VOTER'S registration poll record reserved  for
 [his]  THE  VOTER'S  signature or on the line [of] OR SPACE the computer
 generated registration list reserved for [his] THE VOTER'S signature  at
 such  election.  If  [his]  THE VOTER'S signature appears upon [his] THE
 VOTER'S registration record or [upon] IN the computer  generated  regis-
 tration list the board shall challenge [him] THE VOTER forthwith, except
 that if such a person claims that he OR SHE is unable to sign his OR HER
 name by reason of a physical disability incurred since [his] THE VOTER'S
 registration, the board, if convinced of the existence of such disabili-
 ty,  shall  permit  him OR HER to vote, shall enter the words "Unable to
 Sign" and a brief description of such disability in the  space  reserved
 for  [his]  THE  VOTER'S  signature at such election. At each subsequent
 election, if such disability still exists, [he] THE VOTER shall be enti-
 tled to vote without signing [his] THEIR name and the board  of  inspec-
 tors,  without  further notation, shall enter the words "Unable to Sign"
 in the space reserved for [his] THE VOTER'S signature at such election.
   3. The voter's FACSIMILE signature [made by him upon registration  and
 his  signature  made  at  subsequent  elections]  shall  be  effectively
 concealed from the voter by a blotter or [piece of opaque  paper]  OTHER
 MEANS until after the voter shall have completed [his] THE signature.
   §  10.  Subdivision 3 of section 8-306 of the election law, as amended
 by chapter 154 of the laws of 1991, is amended to read as follows:
   3. Any voter who requires assistance to vote by reason  of  blindness,
 disability  or  inability  to read or write may be given assistance by a
 person of the voter's choice, other than the voter's employer  or  agent
 of  the employer or officer or agent of the voter's union. A voter enti-
 tled to assistance in voting who does not select a particular person may
 be assisted by two election inspectors not of the same political  faith.
 The  inspectors  or  person  assisting  a  voter  shall enter the voting
 machine or booth with [him] THE VOTER, help [him] THE VOTER in the prep-
 aration of [his] THE VOTER'S ballot and, if necessary, in the return  of
 the  voted  ballot  to the inspectors for deposit in the ballot box. The
 inspectors shall enter in the [remarks space on  the  registration  poll
 card  of  an  assisted voter, or next to the name of] SPACE PROVIDED FOR
 such voter [on] IN the computer generated registration list, the name of
 each officer or person rendering such assistance.

 A. 9505--C                         217
 
   § 11. Subdivision 2 of section 8-508 of the election law,  as  amended
 by chapter 200 of the laws of 1996, is amended to read as follows:
   2.  (a)  The  first  section  of such report shall be reserved for the
 inspectors of election to enter the name, address and registration seri-
 al number of each person who claims a change in name,  or  a  change  of
 address  within  the  election  district,  together with the new name or
 address of each such person. In lieu of preparing  section  one  of  the
 challenge  list, the board of elections may provide, next to the name of
 each voter [on] IN the computer generated registration list, a place for
 the inspectors of election to record  the  information  required  to  be
 entered  in  such  section  one, or provide [at the end of such computer
 generated] ELSEWHERE IN SUCH registration list, a place for the  inspec-
 tors of election to enter such information.
   (b)  The second section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of  each  person who is challenged on the day of election, together with
 the reason for the challenge.  If no voters are challenged, the board of
 inspectors shall enter  the  words  "No  Challenges"  across  the  space
 reserved  for  such names. In lieu of preparing section two of the chal-
 lenge report, the board of elections may provide, next to  the  name  of
 each voter [on] IN the computer generated registration list, a place for
 the  inspectors  of  election  to  record the information required to be
 entered in such section two, or provide [at the  end  of  such  computer
 generated]  ELSEWHERE IN SUCH registration list, a place for the inspec-
 tors of election to enter such information.
   (c) The third section of such report shall be reserved for  the  board
 of  inspectors to enter the name, address and registration serial number
 of each voter given assistance, together with the reason the  voter  was
 allowed  assistance,  the  name of the person giving such assistance and
 his address if not an inspector.  If no voters are given assistance, the
 board of inspectors shall enter the words  "No  Assistance"  across  the
 space reserved for such names. In lieu of providing section three of the
 challenge  report,  the board of elections may provide, next to the name
 of each voter [on] IN the computer generated registration list, a  place
 for  the inspectors of election to record the information required to be
 entered in such section three, or provide [at the end of  such  computer
 generated]  ELSEWHERE IN SUCH registration list, a place for the inspec-
 tors of election to enter such information.
   (d) The fourth section of such report shall be reserved for the  board
 of  inspectors to enter the name, address and registration serial number
 of each person who was permitted to vote pursuant to a court  order,  or
 to  vote  on a paper ballot which was inserted in an affidavit envelope.
 If there are no such names, such  board  shall  enter  the  word  "None"
 across  the  space provided for such names. In lieu of providing section
 four of such report, the board of elections may  provide,  next  to  the
 name  of  each voter [on] IN the computer generated registration list, a
 place for the inspectors of election to record the information  required
 to  be  entered  in  such  section  four,  or provide [at the end of the
 computer generated] ELSEWHERE IN SUCH registration list, a place for the
 inspectors of election to enter such information.
   (e) At the foot of such report [and] OR at the end of any such comput-
 er generated registration list, IF  APPLICABLE,  shall  be  [printed]  a
 certificate  that  such report OR LIST contains the names of all persons
 who were challenged on the day of  election,  and  that  each  voter  so
 reported as having been challenged took the oaths as required, that such
 report  OR LIST contains the names of all voters to whom such board gave

 A. 9505--C                         218
 
 or allowed assistance and lists  the  nature  of  the  disability  which
 required  such assistance to be given and the names and family relation-
 ship, if any, to the voter of the persons by whom  such  assistance  was
 rendered;  that  each such assisted voter informed such board under oath
 that he required such assistance and that  each  person  rendering  such
 assistance took the required oath; that such report OR LIST contains the
 names  of all voters who were permitted to vote although their registra-
 tion poll records were missing; that the entries made by such board  are
 a  true  and  accurate  record  of  its  proceedings with respect to the
 persons named in such report OR LIST.
   (f) Upon the return of such report [and] OR  lists  to  the  board  of
 elections,  it shall complete the investigation of voting qualifications
 of all persons named in the second section thereof or for  whom  entries
 were  placed  [on] IN such computer generated registration lists in lieu
 of the preparation of the second section of the  challenge  report,  and
 shall forthwith proceed to cancel the registration of any person who, as
 noted upon such report, OR IN SUCH LIST, was challenged at such election
 and  refused  either to take a challenge oath or to answer any challenge
 question.
   (g) The state board of elections shall prescribe a form  of  challenge
 report for use pursuant to the provisions of this section. Such form may
 require the insertion of such other information as the state board shall
 deem appropriate.
   §  12.  Section  8-510  of  the  election  law, the section heading as
 amended by chapter 373 of the laws of 1978, subdivision 1 as amended  by
 chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
 43 of the laws of 1988, is amended to read as follows:
   §  8-510. Challenge report; completion of and [closing of registration
 poll ledgers] PROCEDURE AFTER. 1. Immediately after  the  close  of  the
 polls the board of inspectors of election shall verify the entries which
 it has made on the challenge report or [at the end of the] IN THE SPACES
 PROVIDED  IN  THE computer generated registration list by comparing such
 entries with the information appearing on the registration poll  records
 of  the  affected voters or the information appearing [next to the names
 of such voters on] IN THE SPACES  PROVIDED  IN  the  computer  generated
 registration  list.  If  it has made no entries in section two, three or
 four of such report it shall write across OR NOTE IN  such  section  the
 words "No challenges", "No assistance" or "None", as the case may be, as
 directed in this chapter.
   2.  After  completing  such  report  the inspectors shall sign [the] A
 certificate [at the end of] IN THE SPACES PROVIDED BY THE  COUNTY  BOARD
 OF ELECTIONS FOR such report.
   3.  The  inspectors  shall place such completed report, and each court
 order, if any, directing that a person be permitted to vote, [inside  a]
 IN  THE  SECURE  CONTAINER PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR
 SUCH ledger of registration records or computer  generated  registration
 lists  [between  the front cover, and the first registration record] and
 then shall close and seal each ledger of registration records or comput-
 er generated registration lists, [affix their signature  to  the  seal,]
 lock  such  ledger  in  the carrying case furnished for that purpose and
 enclose the keys in a sealed package or seal such list in  the  envelope
 provided for that purpose.
   §  13.  Clauses  (C)  and  (D) of subparagraph (i) of paragraph (a) of
 subdivision 2 of section 9-209 of the election law, as amended by  chap-
 ter 308 of the laws of 2011, are amended to read as follows:

 A. 9505--C                         219
 
   (C)  If  such  person  is  found to be registered and has not voted in
 person, an inspector shall compare the signature, if any, on each envel-
 ope with the signature, if any, on the  registration  poll  record,  the
 computer  generated  list  of  registered  voters or the list of special
 presidential  voters, of the person of the same name who registered from
 the same address. If  the  signatures  are  found  to  correspond,  such
 inspector shall certify thereto by [signing] PLACING his or her initials
 in  the  ["Inspector's  Initials"  line  on  the]  SPACE PROVIDED IN THE
 computer generated list of registered voters [or in the "remarks" column
 as appropriate].
   (D) If such person is found to be registered  and  has  not  voted  in
 person,  and  if  no  challenge  is  made, or if a challenge made is not
 sustained, the envelope shall be opened, the ballot or ballots withdrawn
 without unfolding, and the ballot or ballots  deposited  in  the  proper
 ballot box or boxes, or envelopes, provided however that, in the case of
 a primary election, the ballot shall be deposited in the box only if the
 ballot is of the party with which the voter is enrolled according to the
 entry on the back of his or her registration poll record or [next to his
 or her name on] IN the computer generated registration list; if not, the
 ballot  shall  be  rejected without inspection or unfolding and shall be
 returned to the envelope which shall be endorsed "not enrolled." At  the
 time  of  the deposit of such ballot or ballots in the box or envelopes,
 the inspectors shall enter the words "absentee vote" or "military  vote"
 in the space reserved for the voter's signature on the aforesaid list or
 in the "remarks" [column] SPACE as appropriate, and shall enter the year
 and month of the election on the same line in the spaces provided there-
 for.
   §  14. Subdivision 4 of section 11-206 of the election law, as amended
 by chapter 91 of the laws of 1992, is amended to read as follows:
   4. The registration poll records of special federal  voters  shall  be
 filed, in alphabetical order, by election district.  At each election at
 which  [the  ballots  of]  special  federal voters are [delivered to the
 inspectors of election in each election district] ELIGIBLE TO VOTE,  the
 registration  poll  records  of  all special federal voters [eligible to
 vote at such election] shall be delivered to such inspectors of election
 together with the other registration poll records or the names  of  such
 voters  shall  be  included  [on] IN the computer generated registration
 list. Such records shall be delivered either in a separate  poll  ledger
 or  a separate, clearly marked section, of the main poll ledger or [in a
 separate,] BE clearly marked[, section of]  IN  the  computer  generated
 registration list as the board of elections shall determine.
   § 15. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.
 
                                 PART HHH
 
   Section 1. Section 14-116 of the election law, subdivision 1 as redes-
 ignated by chapter 9 of the laws of 1978 and subdivision 2 as amended by
 chapter 260 of the laws of 1981, is amended to read as follows:
   §  14-116.  Political  contributions  by certain organizations. 1.  No
 corporation [or], LIMITED LIABILITY COMPANY, joint-stock association  OR
 OTHER  CORPORATE  ENTITY  doing  business in this state, except a corpo-
 ration or association organized or  maintained  for  political  purposes
 only, shall directly or indirectly pay or use or offer, consent or agree
 to  pay  or  use  any  money  or property for or in aid of any political
 party, committee or organization, or for, or in aid of, any corporation,

 A. 9505--C                         220
 
 LIMITED LIABILITY COMPANY, joint-stock [or], other association, OR OTHER
 CORPORATE ENTITY organized or maintained for political purposes, or for,
 or in aid of, any candidate for political office or for  nomination  for
 such  office,  or  for  any  political  purpose  whatever,  or  for  the
 reimbursement or indemnification of any person for moneys or property so
 used. Any officer, director, stock-holder, MEMBER,  OWNER,  attorney  or
 agent  of  any  corporation [or], LIMITED LIABILITY COMPANY, joint-stock
 association  OR  OTHER  CORPORATE  ENTITY  which  violates  any  of  the
 provisions  of this section, who participates in, aids, abets or advises
 or consents to any such violations, and any person who solicits or know-
 ingly receives any money or property in violation of this section, shall
 be guilty of a misdemeanor.
   2. Notwithstanding the provisions of subdivision one of this  section,
 any  corporation or an organization financially supported in whole or in
 part, by such corporation, ANY LIMITED LIABILITY COMPANY OR OTHER CORPO-
 RATE ENTITY may make expenditures, including contributions,  not  other-
 wise  prohibited  by  law,  for  political purposes, in an amount not to
 exceed five thousand dollars in the  aggregate  in  any  calendar  year;
 provided  that  no  public  utility shall use revenues received from the
 rendition of public service within the state for contributions for poli-
 tical purposes unless such cost is charged to the shareholders of such a
 public service corporation.
   3. EACH LIMITED LIABILITY COMPANY THAT MAKES AN EXPENDITURE FOR  POLI-
 TICAL PURPOSES SHALL FILE WITH THE STATE BOARD OF ELECTIONS, BY DECEMBER
 THIRTY-FIRST  OF  THE YEAR IN WHICH THE EXPENDITURE IS MADE, ON THE FORM
 PRESCRIBED BY THE STATE BOARD OF ELECTIONS, THE IDENTITY OF  ALL  DIRECT
 AND INDIRECT OWNERS OF THE MEMBERSHIP INTERESTS IN THE LIMITED LIABILITY
 COMPANY AND THE PROPORTION OF EACH DIRECT OR INDIRECT MEMBER'S OWNERSHIP
 INTEREST IN THE LIMITED LIABILITY COMPANY.
   §  2.  Section  14-120  of the election law is amended by adding a new
 subdivision 3 to read as follows:
   3. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL CONTRIBUTIONS MADE
 TO A CAMPAIGN OR POLITICAL COMMITTEE  BY  A  LIMITED  LIABILITY  COMPANY
 SHALL  BE  ATTRIBUTED TO EACH MEMBER OF THE LIMITED LIABILITY COMPANY IN
 PROPORTION TO THE MEMBER'S OWNERSHIP INTEREST IN THE  LIMITED  LIABILITY
 COMPANY.
   (B)  IF,  BY  APPLICATION  OF  PARAGRAPH  (A)  OF  THIS SUBDIVISION, A
 CAMPAIGN CONTRIBUTION IS ATTRIBUTED TO A LIMITED LIABILITY COMPANY,  THE
 CONTRIBUTIONS  SHALL BE FURTHER ATTRIBUTED TO EACH MEMBER OF THE LIMITED
 LIABILITY COMPANY IN PROPORTION TO THE MEMBER'S  OWNERSHIP  INTEREST  IN
 THE LIMITED LIABILITY COMPANY.
   (C)  THE STATE BOARD OF ELECTIONS SHALL ENACT REGULATIONS THAT PREVENT
 THE AVOIDANCE OF THE RULES SET FORTH IN PARAGRAPHS (A) AND (B)  OF  THIS
 SUBDIVISION.
   § 3. This act shall take effect on the seventh day after it shall have
 become a law.
 
                                 PART III
 
   Section  1.  Section  3-400 of the election law is amended by adding a
 new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
 ELECTION  INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
 VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES  WHO  SHALL
 BE  APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
 VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS

 A. 9505--C                         221
 
 TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
 FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN  THE  MAJOR  POLITICAL
 PARTIES.  THE  BOARD  OF  ELECTIONS  SHALL  ASSIGN STAFF AND PROVIDE THE
 RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
 EXCEED THIRTY MINUTES.
   §  2.  Section  4-117  of  the election law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. THE NOTICE REQUIRED BY SUBDIVISION  ONE  OF  THIS  SECTION  SHALL
 INCLUDE  THE  DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR THE GENERAL
 AND PRIMARY ELECTION. THE BOARD OF  ELECTIONS  MAY  SATISFY  THE  NOTICE
 REQUIREMENT  OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE INSTRUCTIONS
 TO OBTAIN THE REQUIRED EARLY VOTING INFORMATION FROM A  WEBSITE  OF  THE
 BOARD  OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
 MATION.
   § 3. Subdivision 2 of section 8-100 of the election law, as amended by
 chapter 367 of the laws of 2017, is amended to read as follows:
   2. Polls shall be open for voting during the following hours: a prima-
 ry election from twelve o'clock noon until nine o'clock in the  evening,
 except  in  the  city  of  New York and the counties of Nassau, Suffolk,
 Westchester, Rockland, Orange, Putnam, Dutchess and Erie,  and  in  such
 city or county from six o'clock in the morning until nine o'clock in the
 evening; the general election from six o'clock in the morning until nine
 o'clock in the evening; a special election called by the governor pursu-
 ant  to  the  public  officers law, and, except as otherwise provided by
 law, every other election, from six o'clock in the  morning  until  nine
 o'clock  in  the  evening;  EARLY  VOTING  HOURS SHALL BE AS PROVIDED IN
 SECTION 8-600 OF THIS ARTICLE.
   § 4. Subdivision 1 of section 8-102 of the election law is amended  by
 adding a new paragraph (k) to read as follows:
   (K)  VOTING  AT EACH POLLING PLACE FOR EARLY VOTING SHALL BE CONDUCTED
 IN A MANNER CONSISTENT WITH THE PROVISIONS OF  THIS  ARTICLE,  WITH  THE
 EXCEPTION  OF  THE TABULATION AND PROCLAMATION OF ELECTION RESULTS WHICH
 SHALL BE COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE  OF  SECTION
 8-600 OF THIS ARTICLE.
   §  5.  Section  8-104  of  the election law is amended by adding a new
 subdivision 7 to read as follows:
   7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS  PROVIDED  FOR
 IN SECTION 8-600 OF THIS ARTICLE.
   §  6. Subparagraph (ii) of paragraph (e) of subdivision 3 and subdivi-
 sion 3-a of section 8-302 of the  election  law,  subparagraph  (ii)  of
 paragraph  (e) of subdivision 3 as amended by chapter 164 of the laws of
 2010 and subdivision 3-a as amended by chapter 511 of the laws of  1985,
 are amended to read as follows:
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or  she  has  duly  registered  to  vote,  the  address in such election
 district from which he or she registered, that he or she remains a  duly
 qualified  voter in such election district, that his or her registration
 poll record appears to be lost or misplaced or  that  his  or  her  name
 and/or  his  or  her  signature  was omitted from the computer generated
 registration list OR SUCH RECORD INDICATES THE VOTER ALREADY VOTED  WHEN
 HE OR SHE DID NOT DO SO or that he or she has moved within the county or
 city  since  he or she last registered, the address from which he or she
 was previously registered and the address at which he or  she  currently
 resides,  and  at  a  primary  election, the party in which he or she is
 enrolled. The inspectors of election shall offer such  an  affidavit  to
 each  such  voter  whose residence address is in such election district.

 A. 9505--C                         222
 
 Each such affidavit shall be in a form prescribed by the state board  of
 elections,  shall be printed on an envelope of the size and quality used
 for an absentee ballot envelope, and  shall  contain  an  acknowledgment
 that  the  affiant  understands that any false statement made therein is
 perjury punishable according to law. Such form prescribed by  the  state
 board  of  elections shall request information required to register such
 voter should the county board determine that such voter  is  not  regis-
 tered  and  shall  constitute  an  application  to register to vote. The
 voter's name and the entries required  shall  then  be  entered  without
 delay and without further inquiry in the fourth section of the challenge
 report  or  in  the  place provided at the end of the computer generated
 registration list, with the notation that the  voter  has  executed  the
 affidavit  hereinabove  prescribed, or, if such person's name appears on
 the computer generated registration list, the  board  of  elections  may
 provide a place to make such entry next to his or her name on such list.
 The  voter  shall then, without further inquiry, be permitted to vote an
 affidavit ballot provided for by this chapter. Such ballot shall  there-
 upon  be placed in the envelope containing his or her affidavit, and the
 envelope sealed and returned to the board of  elections  in  the  manner
 provided  by  this  chapter  for protested official ballots, including a
 statement of the number of such ballots.
   3-a. The inspectors shall also give to every person whose  address  is
 in  such  election  district for whom no registration poll record can be
 found and, in a primary election, to every voter whose registration poll
 record does not show him to be enrolled in the party in which he  wishes
 to  be  enrolled  OR  WHO  CLAIMS TO BE INCORRECTLY IDENTIFIED AS HAVING
 ALREADY VOTED, a copy of a notice, in a form  prescribed  by  the  state
 board  of  elections,  advising  such person of his right to, and of the
 procedures by which he may, cast an affidavit ballot  or  seek  a  court
 order  permitting him to vote, and shall also give every such person who
 does not cast an affidavit ballot, an application  for  registration  by
 mail.
   §  7.  Paragraph (b) of subdivision 2 of section 8-508 of the election
 law, as amended by chapter 200 of the laws of 1996, is amended  to  read
 as follows:
   (b)  The second section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of each person who is challenged on the day of election OR ON ANY DAY IN
 WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
 together with the reason for the challenge.   If  no  voters  are  chal-
 lenged,  the  board  of inspectors shall enter the words "No Challenges"
 across the space reserved for such names. In lieu of  preparing  section
 two of the challenge report, the board of elections may provide, next to
 the  name  of  each voter on the computer generated registration list, a
 place for the inspectors of election to record the information  required
 to be entered in such section two, or provide at the end of such comput-
 er  generated  registration list, a place for the inspectors of election
 to enter such information.
   § 8. Article 8 of the election law is amended by adding a new title  6
 to read as follows:
                                 TITLE VI
                               EARLY VOTING
 SECTION 8-600. EARLY VOTING.
         8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
                  VOTING.

 A. 9505--C                         223
 
   § 8-600. EARLY VOTING. 1. BEGINNING THE EIGHTH DAY PRIOR TO ANY GENER-
 AL, PRIMARY OR SPECIAL ELECTION FOR ANY  PUBLIC  OR  PARTY  OFFICE,  AND
 ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
 SPECIAL  ELECTION  FOR  SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
 TERED  AND  ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED TO VOTE
 AS PROVIDED IN THIS TITLE.  THE BOARD OF ELECTIONS OF  EACH  COUNTY  AND
 THE  CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL OF
 THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE
 EARLY VOTING PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY  IN  THE
 SAME ELECTION.
   2.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK
 SHALL DESIGNATE POLLING PLACES FOR EARLY VOTING IN  EACH  COUNTY,  WHICH
 MAY  INCLUDE  THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS TO VOTE
 EARLY PURSUANT TO THIS SECTION. THERE SHALL BE SO  DESIGNATED  AT  LEAST
 ONE  EARLY  VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF FIFTY THOU-
 SAND REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER  OF
 EARLY  VOTING  POLLING  PLACES  IN  A COUNTY SHALL NOT BE REQUIRED TO BE
 GREATER THAN SEVEN, AND A COUNTY WITH FEWER THAN FIFTY  THOUSAND  VOTERS
 SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
   (B)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK MAY
 ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING IN  EXCESS  OF  THE
 MINIMUM  NUMBER  REQUIRED  BY  THIS  SUBDIVISION  FOR THE CONVENIENCE OF
 ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
   (C) NOTWITHSTANDING THE MINIMUM NUMBER  OF  EARLY  VOTING  POLL  SITES
 OTHERWISE  REQUIRED  BY  THIS  SUBDIVISION,  FOR  ANY PRIMARY OR SPECIAL
 ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS,  THE  NUMBER  OF
 EARLY  VOTING  SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
 DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE  NEEDS  OF
 EARLY VOTERS.
   (D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
 EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
 TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
 PLACE,  PROXIMITY  TO  OTHER  LOCATIONS  OR COMMONLY USED TRANSPORTATION
 ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF  THE  COUNTY  OR
 THE  CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
 OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR  AND  FIVE  OF  SUCH  SECTION,
 SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
 TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
   3.  ANY  PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
 FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
 (A) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY  VOTING
 ALL  APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
 OR (B) IF PERMITTING SUCH PERSONS TO VOTE EARLY  AT  ANY  POLLING  PLACE
 ESTABLISHED  FOR  EARLY  VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
 SUCH VOTER HAS NOT PREVIOUSLY VOTED  EARLY  DURING  SUCH  ELECTION,  THE
 BOARD  OF  ELECTIONS  MAY  DESIGNATE EACH POLLING PLACE FOR EARLY VOTING
 ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE  COUNTY  TO
 BE  SERVED  BY  SUCH  POLLING  PLACE FOR EARLY VOTING, PROVIDED THAT ALL
 VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE  POLLING  PLACES  AT  WHICH
 THEY  ARE  ELIGIBLE  TO  VOTE  THROUGHOUT  THE  EARLY VOTING PERIOD ON A
 SUBSTANTIALLY EQUAL BASIS.
   4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST  EIGHT  HOURS
 BETWEEN  SEVEN  O'CLOCK  IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
 EACH WEEK DAY DURING THE EARLY VOTING PERIOD.

 A. 9505--C                         224
 
   (B) AT LEAST ONE POLLING PLACE FOR  EARLY  VOTING  SHALL  REMAIN  OPEN
 UNTIL  EIGHT  O'CLOCK  IN  THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
 CALENDAR WEEK DURING THE EARLY VOTING PERIOD.   IF  POLLING  PLACES  FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION  THREE  OF  THIS  SECTION,  POLLING PLACES THAT REMAIN OPEN UNTIL
 EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO  VOTE
 EARLY  MAY  VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
 DAYS DURING THE EARLY VOTING PERIOD.
   (C) POLLS SHALL BE OPEN FOR EARLY  VOTING  FOR  AT  LEAST  FIVE  HOURS
 BETWEEN  NINE  O'CLOCK  IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
 EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT  ANY  BOARD
 OF  ELECTIONS  FROM  ESTABLISHING  A  GREATER NUMBER OF HOURS FOR VOTING
 DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF  HOURS  REQUIRED  IN
 THIS SUBDIVISION.
   (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
 VOTING  AT  A  GENERAL ELECTION SHALL BE DESIGNATED BY MAY FIRST OF EACH
 YEAR PURSUANT TO SUBDIVISION ONE  OF  SECTION  4-104  OF  THIS  CHAPTER.
 NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION 4-104 OF
 THIS CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY  VOTING
 POLLING  PLACES  AND  THEIR  HOURS  OF  OPERATION FOR EARLY VOTING FOR A
 PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
 BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
   5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
 ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
 ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL  PUBLICIZE:
 THE  LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
 EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS  ACCESSIBLE
 TO  VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
 VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY  VOTING  PERIOD  THEY
 WILL  NOT  BE  ALLOWED  TO  VOTE ELECTION DAY; AND IF POLLING PLACES FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION, THE LOCATION OF  THE  POLLING  PLACES  FOR
 EARLY  VOTING  SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
 POLITICAL SUBDIVISION.
   6. THE FORM OF PAPER BALLOTS USED IN EARLY VOTING  SHALL  COMPLY  WITH
 THE  PROVISIONS  OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE TO
 VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST  IN
 THE  SAME  MANNER  AS  PROVIDED  FOR  IN  SECTION 8-312 OF THIS ARTICLE,
 PROVIDED, HOWEVER, THAT BALLOTS CAST  DURING  THE  EARLY  VOTING  PERIOD
 SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
 SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
 THE  POLLS  ON  ELECTION  DAY, AND NO UNOFFICIAL TABULATIONS OF ELECTION
 RESULTS SHALL BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER  THE  CLOSE
 OF POLLS ON ELECTION DAY.
   7.  VOTERS  CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
 CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF  THIS  ARTI-
 CLE.
   8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
 EACH  DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
 SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
 HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
 MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT  THAT  SUCH
 BALLOTS  WHICH  CANNOT  THEN  BE  CAST ON A BALLOT SCANNER SHALL BE HELD
 INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
 OF POLLS ON ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL  BE  EXAMINED  AND

 A. 9505--C                         225
 
 CANVASSED  IN  A MANNER CONSISTENT WITH SUBDIVISION TWO OF SECTION 9-110
 OF THIS CHAPTER.
   9.  THE  BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
 FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING  PERIOD  THROUGH
 THE  CLOSE  OF  THE  POLLS ON ELECTION DAY; PROVIDED, HOWEVER, THE STATE
 BOARD OF ELECTIONS MAY BY REGULATION DULY ADOPTED BY A MAJORITY OF  SUCH
 BOARD  ESTABLISH  A  PROCEDURE  WHEREBY  BALLOT  SCANNERS USED FOR EARLY
 VOTING MAY ALSO BE USED ON ELECTION DAY IF THE PORTABLE  MEMORY  DEVICES
 USED  DURING  EARLY VOTING CONTAINING THE EARLY VOTING ELECTION INFORMA-
 TION AND VOTE TABULATIONS ARE PROPERLY SECURED APART FROM THE  SCANNERS,
 AND  THE  RESULTS  THEREFROM  SHALL BE DULY CANVASSED AFTER THE CLOSE OF
 POLLS ON ELECTION DAY.
   10. AFTER THE CLOSE OF POLLS ON ELECTION DAY, INSPECTORS OR  BOARD  OF
 ELECTIONS  EMPLOYEES  APPOINTED  TO  CANVASS  BALLOTS  CAST DURING EARLY
 VOTING SHALL FOLLOW ALL RELEVANT PROVISIONS  OF  ARTICLE  NINE  OF  THIS
 CHAPTER  THAT  ARE  NOT  INCONSISTENT WITH THIS SECTION, FOR CANVASSING,
 PROCESSING, RECORDING, AND ANNOUNCING RESULTS OF VOTING AT POLLING PLAC-
 ES FOR EARLY VOTING, AND SECURING BALLOTS, SCANNERS, AND OTHER  ELECTION
 MATERIALS.  SUCH  CANVASS  MAY  OCCUR  AT  THE  OFFICES  OF THE BOARD OF
 ELECTIONS, AT THE EARLY VOTING POLLING  PLACE  OR  SUCH  OTHER  LOCATION
 DESIGNATED BY THE BOARD OF ELECTIONS.
   11.  NOTWITHSTANDING  THE  REQUIREMENTS  OF  THIS  TITLE REQUIRING THE
 CANVASS OF BALLOTS CAST DURING EARLY VOTING AFTER THE CLOSE OF POLLS  ON
 ELECTION DAY, SUCH CANVASS MAY BEGIN ONE HOUR BEFORE THE SCHEDULED CLOSE
 OF  POLLS  ON ELECTION DAY PROVIDED THE BOARD OF ELECTIONS ADOPTS PROCE-
 DURES TO PREVENT THE PUBLIC RELEASE OF ELECTION  RESULTS  PRIOR  TO  THE
 CLOSE  OF  POLLS ON ELECTION DAY AND SUCH PROCEDURES SHALL BE CONSISTENT
 WITH THE REGULATIONS OF THE STATE BOARD OF ELECTIONS AND SHALL BE  FILED
 WITH THE STATE BOARD OF ELECTIONS AT LEAST THIRTY DAYS BEFORE THEY SHALL
 BE EFFECTIVE.
   § 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
 ANY   RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF  THE
 PROVISIONS OF THIS TITLE SHALL BE PROMULGATED  BY  THE  STATE  BOARD  OF
 ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
 PROVISIONS TO ENSURE THAT BALLOTS CAST  EARLY,  BY  ANY  METHOD  ALLOWED
 UNDER  LAW,  ARE  COUNTED  AND CANVASSED AS IF CAST ON ELECTION DAY. THE
 STATE BOARD OF ELECTIONS SHALL PROMULGATE  ANY  OTHER  RULES  AND  REGU-
 LATIONS  NECESSARY  TO ENSURE AN EFFICIENT AND FAIR EARLY VOTING PROCESS
 THAT RESPECTS THE PRIVACY OF THE VOTER.  PROVIDED,  FURTHER,  THAT  SUCH
 RULES  AND  REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY RECORD FOR
 EACH VOTER BE CONTINUALLY UPDATED TO  REFLECT  EACH  INSTANCE  OF  EARLY
 VOTING BY SUCH VOTER.
   §  9.  The  opening paragraph of section 9-209 of the election law, as
 amended by chapter 163 of the laws  of  2010,  is  amended  to  read  as
 follows:
   Before  completing  the canvass of votes cast in any primary, general,
 special, or other election at which voters are required  to  sign  their
 registration  poll  records  before voting, the board of elections shall
 proceed in the manner hereinafter prescribed to  cast  and  canvass  any
 absentee,  military,  special  presidential,  special  federal  or other
 special ballots and any ballots voted by voters  who  moved  within  the
 county  or  city  after  registering, voters who are in inactive status,
 voters whose registration was incorrectly transferred to another address
 even though they did not move, voters whose  registration  poll  records
 were  missing on the day of such election, voters who have not had their
 identity previously verified and voters whose registration poll  records

 A. 9505--C                         226
 
 did  not  show them to be enrolled in the party in which they claimed to
 be enrolled AND VOTERS INCORRECTLY IDENTIFIED AS HAVING  ALREADY  VOTED.
 Each  such  ballot shall be retained in the original envelope containing
 the  voter's  affidavit  and  signature, in which it is delivered to the
 board of elections until such time as it is to be cast and canvassed.
   § 10. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall apply to  any
 election held 120 days or more after it shall have taken effect.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable  effective date of Parts A through III of this act shall
 be as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7505--C                                            A. 9505--D
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 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  --  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
 
 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 --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee

 AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
   intentionally omitted (Part C); intentionally omitted (Part D); inten-
   tionally omitted (Part E); to amend the  criminal  procedure  law,  in
   relation  to  pre-criminal  proceeding  settlements in the city of New
   York; and providing for the repeal of such provisions upon  expiration
   thereof  (Part F); intentionally omitted (Part G); intentionally omit-
   ted (Part H); intentionally omitted (Part  I);  intentionally  omitted
   (Part  J); intentionally omitted (Part K); intentionally omitted (Part
   L); 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 M); intentionally omitted (Part
   N); to amend the state finance law and the military law,  in  relation
   to  establishing  the armory rental account fund; and to amend chapter
   152 of the laws of 2001 amending the military law relating to military
   funds of the organized militia, in relation to the effectiveness ther-
   eof (Part O); intentionally omitted (Part  P);  intentionally  omitted
   (Part  Q); intentionally omitted (Part R); intentionally omitted (Part
   S); to amend chapter 303 of the laws of 1988 relating to the extension
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12670-06-8

 S. 7505--C                          2                         A. 9505--D
 
   of the state commission on the restoration of the capitol, in relation
   to extending such provisions for an additional five  years  (Part  T);
   intentionally  omitted  (Part  U);  to amend the state finance law, in
   relation  to  establishing  the parking services fund, the solid waste
   fund, and the special events  fund  (Part  V);  intentionally  omitted
   (Part W); to amend the general business law and the state finance law,
   in  relation  to  enacting  the  New  York state secure choice savings
   program act (Part X); intentionally omitted  (Part  Y);  intentionally
   omitted (Part Z); intentionally omitted (Part AA); intentionally omit-
   ted  (Part  BB);  to  amend  the state finance law, in relation to the
   citizen empowerment tax credit (Part CC); to amend the uniform justice
   court act, in relation to the election of one or  more  town  justices
   for  two  or more towns (Part DD); to amend the general municipal law,
   in relation to county-wide shared services panels (Part EE); to  amend
   the  public authorities law, in relation to the town of Islip resource
   recovery agency (Part FF); intentionally  omitted  (Part  GG);  inten-
   tionally  omitted (Part HH); intentionally omitted (Part II); to amend
   the penal law, in relation to establishing incapacity to consent  when
   a person is under arrest, in detention, or otherwise in actual custody
   (Part  JJ);  intentionally  omitted  (Part  KK);  to  amend the public
   authorities law, in relation to authorizing the dormitory authority to
   construct and finance certain juvenile detention facilities (Part LL);
   to amend the county law, in relation to plans  for  representation  of
   persons  accused  of  a  crime  or  certain parties in family court or
   surrogate's court (Part MM); to amend  the  penal  law,  the  criminal
   procedure  law  and  the family court act, in relation to the crime of
   coercion in the second and third degree (Part NN);  and  to  establish
   the  New  York  state 2020 complete count commission and providing for
   its powers and duties (Part OO)
 
   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 2018-2019
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified as Parts A through OO. 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

 S. 7505--C                          3                         A. 9505--D
 
                           Intentionally Omitted
 
                                  PART D
 
                           Intentionally Omitted
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F

   Section  1. Title H of part 2 of the criminal procedure law is amended
 by adding a new article 95 to read as follows:
                                ARTICLE 95
                    PRE-CRIMINAL PROCEEDING SETTLEMENTS
 SECTION 95.00 PRE-CRIMINAL PROCEEDING SETTLEMENT.
 § 95.00 PRE-CRIMINAL PROCEEDING SETTLEMENT.
   WHEN A COUNTY DISTRICT ATTORNEY OF A COUNTY LOCATED IN A CITY  OF  ONE
 MILLION  OR  MORE  RECOVERS  MONIES  BEFORE  THE FILING OF AN ACCUSATORY
 INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF SECTION 1.20 OF  THIS  CHAP-
 TER,  AFTER  INJURED  PARTIES  HAVE  BEEN APPROPRIATELY COMPENSATED, THE
 DISTRICT ATTORNEY'S OFFICE SHALL RETAIN A PERCENTAGE  OF  THE  REMAINING
 SUCH  MONIES  IN RECOGNITION THAT SUCH MONIES WERE RECOVERED AS A RESULT
 OF INVESTIGATIONS UNDERTAKEN BY SUCH OFFICE. FOR EACH RECOVERY THE TOTAL
 AMOUNT OF SUCH MONIES TO BE RETAINED BY THE COUNTY  DISTRICT  ATTORNEY'S
 OFFICE  SHALL EQUAL TEN PERCENT OF THE FIRST TWENTY-FIVE MILLION DOLLARS
 RECEIVED BY SUCH OFFICE, PLUS SEVEN AND ONE-HALF PERCENT OF SUCH  MONIES
 RECEIVED  BY  SUCH  OFFICE  IN EXCESS OF TWENTY-FIVE MILLION DOLLARS BUT
 LESS THAN FIFTY MILLION DOLLARS, PLUS FIVE PERCENT OF  ANY  SUCH  MONIES
 RECEIVED BY SUCH OFFICE IN EXCESS OF FIFTY MILLION DOLLARS BUT LESS THAN
 ONE HUNDRED MILLION DOLLARS, PLUS ONE PERCENT OF SUCH MONIES RECEIVED BY
 SUCH  OFFICE  IN EXCESS OF ONE HUNDRED MILLION DOLLARS. THE REMAINDER OF
 SUCH MONIES SHALL BE PAID BY THE DISTRICT ATTORNEY'S OFFICE TO THE STATE
 AND TO THE COUNTY IN EQUAL AMOUNTS WITHIN THIRTY DAYS OF RECEIPT,  WHERE
 DISPOSITION  OF  SUCH  MONIES IS NOT OTHERWISE PRESCRIBED BY LAW. MONIES
 DISTRIBUTED TO A COUNTY DISTRICT  ATTORNEY'S  OFFICE  PURSUANT  TO  THIS
 SECTION  SHALL  BE  USED  TO  ENHANCE LAW ENFORCEMENT EFFORTS WITHIN THE
 STATE OF NEW YORK. ON DECEMBER FIRST OF EACH YEAR, EVERY DISTRICT ATTOR-
 NEY SHALL PROVIDE THE GOVERNOR, TEMPORARY PRESIDENT OF  THE  SENATE  AND
 SPEAKER OF THE ASSEMBLY WITH AN ANNUAL REPORT DETAILING THE TOTAL AMOUNT
 OF  MONIES  RECEIVED  AS  DESCRIBED  HEREIN  BY  HIS OR HER OFFICE AND A
 DESCRIPTION OF HOW AND WHERE SUCH FUNDS WERE DISTRIBUTED BY HIS  OR  HER
 OFFICE BUT SHALL NOT INCLUDE A DESCRIPTION OF THE DISTRIBUTION OF MONIES
 WHERE  THE  DISCLOSURE  OF  SUCH  INFORMATION WOULD INTERFERE WITH A LAW
 ENFORCEMENT INVESTIGATION OR A JUDICIAL  PROCEEDING.  THE  REPORT  SHALL
 INCLUDE A DETAILED DESCRIPTION OF ANY ENTITY TO WHICH FUNDS ARE DISTRIB-
 UTED,  INCLUDING  BUT NOT LIMITED TO, WHETHER IT IS A PROFIT OR NOT-FOR-
 PROFIT ENTITY, WHERE IT IS LOCATED, AND THE INTENDED USE OF  THE  MONIES
 DISTRIBUTED, AND SHALL STATE THE LAW ENFORCEMENT PURPOSE.
   §  2.  This act shall take effect immediately and shall remain in full
 force and effect until March 31, 2019,  when  it  shall  expire  and  be
 deemed repealed.
 
                                  PART G

 S. 7505--C                          4                         A. 9505--D
 
                           Intentionally Omitted

                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K
 
                           Intentionally Omitted
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
   Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
 law, as amended by section 1 of part C of chapter  57  of  the  laws  of
 2016, is amended to read as follows:
   (b)  The  sum  of  one  million  five hundred thousand dollars must be
 deposited into the New York state emergency services revolving loan fund
 annually; provided, however, that such sums shall not be  deposited  for
 state  fiscal  years two thousand eleven--two thousand twelve, two thou-
 sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
 fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
 sixteen--two thousand seventeen [and], two thousand seventeen--two thou-
 sand eighteen, TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN  AND  TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY;
   § 2. This act shall take effect April 1, 2018.
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O
 
   Section  1.  The  state finance law is amended by adding a new section
 99-bb to read as follows:
   § 99-BB. ARMORY RENTAL ACCOUNT.  1.  NOTWITHSTANDING  SECTIONS  EIGHT,
 EIGHT-A AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE,
 REGULATION  OR  PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION AND FINANCE AN ARMORY RENTAL ACCOUNT FUND, WHICH SHALL  CONSIST  OF
 ALL  MONEYS PAID AS RENT PURSUANT TO SECTION ONE HUNDRED EIGHTY-THREE OF
 THE MILITARY LAW.
   2. MONEYS WITHIN THE ARMORY RENTAL ACCOUNT SHALL BE AVAILABLE  TO  THE
 ADJUTANT GENERAL FOR SERVICES AND EXPENSES OF THE OFFICE RELATING TO THE
 DIRECT MAINTENANCE AND OPERATION OF ARMORIES.

 S. 7505--C                          5                         A. 9505--D

   §  2.  Subdivision 5 of section 183 of the military law, as amended by
 section 1 of part C of chapter 152 of the laws of 2001,  is  amended  to
 read as follows:
   5.  All moneys paid as rent as provided in this section, together with
 all sums paid to cover expenses of heating and lighting, shall be trans-
 mitted by the officer in charge and control of the  armory  through  the
 adjutant general to the state treasury for deposit to the [miscellaneous
 special  revenue  fund  -  339]  AGENCIES  ENTERPRISE FUND armory rental
 account.
   § 3. Section 3 of part C of chapter 152 of the laws of  2001  amending
 the military law relating to military funds of the organized militia, as
 amended  by  section  23 of part A of chapter 55 of the laws of 2017, is
 amended to read as follows:
   § 3. This act shall take effect [on the same date as the reversion  of
 subdivision  5  of  section  183 and subdivision 1 of section 221 of the
 military law as provided by section 76 of chapter 435  of  the  laws  of
 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
 standing  this act shall be deemed to have been in full force and effect
 on and after July 31, 2005 and shall remain in  full  force  and  effect
 until September 1, 2019 when upon such date this act shall expire] IMME-
 DIATELY;  PROVIDED  HOWEVER THAT THE AMENDMENTS MADE TO SUBDIVISION 1 OF
 SECTION 221 OF THE MILITARY LAW BY SECTION TWO OF THIS ACT SHALL  EXPIRE
 AND BE DEEMED REPEALED SEPTEMBER 1, 2019.
   §  4.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect April 1, 2018.
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
   Section 1. Section 2 of chapter 303 of the laws of 1988,  relating  to
 the extension of the state commission on the restoration of the capitol,
 as  amended  by  chapter  207 of the laws of 2013, is amended to read as
 follows:
   § 2. The temporary state commission on the restoration of the  capitol
 is  hereby  renamed  as  the  state commission on the restoration of the
 capitol (hereinafter to be referred to as the "commission") and is here-
 by continued until April 1, [2018] 2023.  The commission  shall  consist
 of  eleven  members  to  be  appointed as follows: five members shall be
 appointed by the governor; two members shall be appointed by the  tempo-
 rary  president  of  the  senate;  two members shall be appointed by the
 speaker of the assembly; one member shall be appointed by  the  minority

 S. 7505--C                          6                         A. 9505--D
 
 leader  of  the  senate;  one  member shall be appointed by the minority
 leader of the  assembly,  together  with  the  commissioner  of  general
 services  and the commissioner of parks, recreation and historic preser-
 vation.  The  term  for  each  elected  member shall be for three years,
 except that of the first five members appointed  by  the  governor,  one
 shall  be for a one year term, and two shall be for a two year term, and
 one of the first appointments by the president of the senate and by  the
 speaker  of  the assembly shall be for a two year term. Any vacancy that
 occurs in the commission shall be filled in the same manner in which the
 original appointment was made. The commission shall elect a chairman and
 a vice-chairman from among its  members.    The  members  of  the  state
 commission  on  the  restoration  of  the  capitol shall be deemed to be
 members of the commission until  their  successors  are  appointed.  The
 members  of  the  commission  shall  receive  no  compensation for their
 services, but shall be reimbursed for their expenses actually and neces-
 sarily incurred by them in the performance of their duties hereunder.
   § 2. Section 9 of chapter 303 of the laws of  1988,  relating  to  the
 extension  of the state commission on the restoration of the capitol, as
 amended by chapter 207 of the laws  of  2013,  is  amended  to  read  as
 follows:
   §  9. This act shall take effect immediately, and shall remain in full
 force and effect until April 1, [2018] 2023.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2018; provided
 that the amendments to section 2 of chapter 303 of the laws of 1988 made
 by section one of this act shall not affect the expiration of such chap-
 ter, and shall be deemed to expire therewith.
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
   Section 1. The state finance law is amended by adding  a  new  section
 99-bb to read as follows:
   §  99-BB.  PARKING  SERVICES  FUND. 1. NOTWITHSTANDING SECTIONS EIGHT,
 EIGHT-A AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE,
 REGULATION, OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED  IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION  AND  FINANCE A PARKING SERVICES FUND, WHICH SHALL BE CLASSIFIED BY
 THE STATE COMPTROLLER AS  AN  ENTERPRISE  FUND  TYPE,  AND  WHICH  SHALL
 CONSIST  OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND INDIVIDUALS AS
 FEES FOR THE USE OF STATE-OWNED PARKING LOTS AND GARAGES.
   2. MONEYS WITHIN THE PARKING SERVICES FUND SHALL BE AVAILABLE  TO  THE
 COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
 RELATING  TO THE DIRECT MAINTENANCE AND OPERATION OF STATE-OWNED PARKING
 LOTS AND GARAGES.
   § 2. The state finance law is amended by adding a new section 99-cc to
 read as follows:
   § 99-CC. SOLID WASTE FUND. 1. NOTWITHSTANDING SECTIONS EIGHT,  EIGHT-A
 AND  SEVENTY  OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE, REGU-
 LATION, OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN  THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
 AND FINANCE A SOLID WASTE FUND, WHICH SHALL BE CLASSIFIED BY  THE  STATE
 COMPTROLLER  AS  AN ENTERPRISE FUND TYPE, AND WHICH SHALL CONSIST OF ALL

 S. 7505--C                          7                         A. 9505--D
 
 MONEYS RECEIVED FROM PRIVATE ENTITIES BY  THE  COMMISSIONER  OF  GENERAL
 SERVICES FOR THE SALE OF RECYCLABLES.
   2.  MONEYS  WITHIN  THE  SOLID  WASTE  FUND  SHALL BE AVAILABLE TO THE
 COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
 RELATING TO THE COLLECTION, PROCESSING AND SALE OF RECYCLED MATERIALS.
   § 3. The state finance law is amended by adding a new section 99-dd to
 read as follows:
   § 99-DD. SPECIAL  EVENTS  FUND.  1.  NOTWITHSTANDING  SECTIONS  EIGHT,
 EIGHT-A  AND  SEVENTY  OF  THIS  CHAPTER AND ANY OTHER PROVISION OF LAW,
 RULE, REGULATION, OR PRACTICE TO THE CONTRARY, THERE  IS  HEREBY  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL EVENTS FUND, WHICH SHALL BE CLASSI-
 FIED  BY  THE  STATE  COMPTROLLER  AS AN ENTERPRISE FUND TYPE, AND WHICH
 SHALL CONSIST OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND  INDIVID-
 UALS  AS  FEES  FOR THE USE OF PHYSICAL SPACE AT STATE-OWNED FACILITIES,
 INCLUDING, BUT NOT LIMITED TO,  THE  EMPIRE  STATE  PLAZA  AND  HARRIMAN
 CAMPUS, AND ANY OTHER MISCELLANEOUS FEES ASSOCIATED WITH THE USE OF SUCH
 PHYSICAL  SPACE  AT  SUCH STATE-OWNED FACILITIES BY PRIVATE ENTITIES AND
 INDIVIDUALS.
   2. MONEYS WITHIN THE SPECIAL EVENTS FUND SHALL  BE  AVAILABLE  TO  THE
 COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
 RELATING  TO  THE  USE OF STATE-OWNED FACILITIES BY PRIVATE ENTITIES AND
 INDIVIDUALS.
   § 4. This act shall take effect April 1, 2018.
 
                                  PART W
 
                           Intentionally Omitted
 
                                  PART X
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state secure choice savings program act".
   §  2.  Article  43  and sections 1200 and 1201 of the general business
 law, as renumbered by chapter 32 of the laws  of  2016,  are  renumbered
 article  46  and sections 1600 and 1601, respectively, and a new article
 43 is added to read as follows:
                                ARTICLE 43
               NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 SECTION 1300. DEFINITIONS.
         1301. PROGRAM ESTABLISHED.
         1302. COMPOSITION OF THE BOARD.
         1303. FIDUCIARY DUTY.
         1304. DUTIES OF THE BOARD.
         1305. RISK MANAGEMENT.
         1306. FINANCIAL ORGANIZATIONS.
         1307. INVESTMENT OPTIONS.
         1308. BENEFITS.
         1309. EMPLOYER AND EMPLOYEE INFORMATIONAL MATERIALS AND  DISCLO-
                SURE FORMS.
         1310. PROGRAM IMPLEMENTATION AND ENROLLMENT.
         1311. PAYMENTS.
         1312. DUTY AND LIABILITY OF THE STATE.
         1313. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS.
         1314. AUDIT AND REPORTS.
         1315. DELAYED IMPLEMENTATION.

 S. 7505--C                          8                         A. 9505--D
 
         1316. REGULATIONS.
   §  1300.  DEFINITIONS.  ALL  TERMS SHALL HAVE THE SAME MEANING AS WHEN
 USED IN A COMPARABLE CONTEXT IN THE INTERNAL REVENUE CODE.  AS  USED  IN
 THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BOARD" SHALL MEAN THE NEW YORK SECURE CHOICE SAVINGS PROGRAM BOARD
 ESTABLISHED UNDER THIS ARTICLE.
   2. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
 FINANCIAL SERVICES.
   2-A.  "COMMISSIONER"  SHALL  MEAN  THE  COMMISSIONER  OF  TAXATION AND
 FINANCE.
   2-B. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
   3. "EMPLOYEE" SHALL MEAN ANY INDIVIDUAL WHO IS EIGHTEEN YEARS  OF  AGE
 OR  OLDER,  WHO IS EMPLOYED BY AN EMPLOYER, AND WHO EARNED WAGES WORKING
 FOR AN EMPLOYER IN NEW YORK STATE DURING A CALENDAR YEAR.
   4. "EMPLOYER" SHALL MEAN A PERSON OR ENTITY  ENGAGED  IN  A  BUSINESS,
 INDUSTRY,  PROFESSION,  TRADE,  OR  OTHER  ENTERPRISE IN NEW YORK STATE,
 WHETHER FOR PROFIT OR NOT FOR PROFIT, THAT HAS NOT OFFERED  A  QUALIFIED
 RETIREMENT  PLAN,  INCLUDING, BUT NOT LIMITED TO, A PLAN QUALIFIED UNDER
 SECTIONS 401(A), 401(K), 403(A), 403(B), 408(K), 408(P) OR 457(B) OF THE
 INTERNAL REVENUE CODE OF 1986 IN THE PRECEDING TWO YEARS.
   5. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
   6. "INTERNAL REVENUE CODE" SHALL MEAN THE  INTERNAL  REVENUE  CODE  OF
 1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
   7. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
   8.  "PARTICIPATING  EMPLOYER"  SHALL  MEAN  AN EMPLOYER THAT ELECTS TO
 FACILITATE ACCESS TO THE PROGRAM'S PAYROLL DEDUCTION IRA AS PROVIDED FOR
 BY THIS ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE PROGRAM.
   9. "PAYROLL DEDUCTION IRA"  SHALL  MEAN  AN  ARRANGEMENT  BY  WHICH  A
 PARTICIPATING EMPLOYER FACILITATES ACCESS FOR ENROLLEES TO REMIT PAYROLL
 DEDUCTION CONTRIBUTIONS TO THE PROGRAM.
   10.  "PROGRAM"  SHALL  MEAN  THE  NEW YORK STATE SECURE CHOICE SAVINGS
 PROGRAM.
   11. "WAGES" MEANS ANY  COMPENSATION  WITHIN  THE  MEANING  OF  SECTION
 219(F)(1)  OF  THE INTERNAL REVENUE CODE THAT IS RECEIVED BY AN ENROLLEE
 FROM A PARTICIPATING EMPLOYER DURING THE CALENDAR YEAR.
   § 1301. PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED A  RETIREMENT
 SAVINGS PROGRAM IN THE FORM OF A PAYROLL DEDUCTION IRA, KNOWN AS THE NEW
 YORK STATE SECURE CHOICE SAVINGS PROGRAM. THE GENERAL ADMINISTRATION AND
 RESPONSIBILITY FOR THE PROPER OPERATION OF THE PROGRAM SHALL BE ADMINIS-
 TERED  BY  THE  BOARD  FOR  THE  PURPOSE OF PROMOTING GREATER RETIREMENT
 SAVINGS FOR PRIVATE-SECTOR EMPLOYEES  IN  A  CONVENIENT,  LOW-COST,  AND
 PORTABLE MANNER.  THE BOARD MAY DELEGATE SUCH AUTHORITY AND RESPONSIBIL-
 ITY FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE PROGRAM TO THE DEPART-
 MENT OF TAXATION AND FINANCE AS THE BOARD DEEMS PROPER.
   § 1302. COMPOSITION OF THE BOARD. THERE IS HEREBY CREATED THE NEW YORK
 STATE SECURE CHOICE SAVINGS PROGRAM BOARD.
   1. THE BOARD SHALL CONSIST OF THE FOLLOWING SEVEN MEMBERS:
   (A)  THE  COMMISSIONER,  OR  HIS  OR  HER DESIGNEE, WHO SHALL SERVE AS
 CHAIR;
   (B) THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE;
   (C) THE SUPERINTENDENT, OR HIS OR HER DESIGNEE;
   (D) TWO PUBLIC REPRESENTATIVES WITH EXPERTISE  IN  RETIREMENT  SAVINGS
 PLAN  ADMINISTRATION  OR  INVESTMENT,  OR  BOTH,  ONE  OF  WHOM SHALL BE
 APPOINTED BY THE SPEAKER OF THE  ASSEMBLY  AND  ONE  OF  WHOM  SHALL  BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;

 S. 7505--C                          9                         A. 9505--D
 
   (E)  A  REPRESENTATIVE  OF  PARTICIPATING  EMPLOYERS, APPOINTED BY THE
 GOVERNOR; AND
   (F) A REPRESENTATIVE OF ENROLLEES, APPOINTED BY THE GOVERNOR.
   2.  MEMBERS  OF  THE BOARD SHALL SERVE WITHOUT COMPENSATION BUT MAY BE
 REIMBURSED FOR NECESSARY TRAVEL EXPENSES  INCURRED  IN  CONNECTION  WITH
 THEIR BOARD DUTIES FROM FUNDS APPROPRIATED FOR THE PURPOSE.
   3.  THE INITIAL APPOINTMENTS SHALL BE AS FOLLOWS: THE PUBLIC REPRESEN-
 TATIVES FOR FOUR YEARS; THE REPRESENTATIVE  OF  PARTICIPATING  EMPLOYERS
 FOR  THREE  YEARS;  AND THE REPRESENTATIVE OF ENROLLEES FOR THREE YEARS.
 THEREAFTER, ALL THE GOVERNOR'S APPOINTEES SHALL BE  FOR  TERMS  OF  FOUR
 YEARS.
   4.  A VACANCY IN THE TERM OF AN APPOINTED BOARD MEMBER SHALL BE FILLED
 FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL
 APPOINTMENT.
   § 1303. FIDUCIARY DUTY. THE  BOARD,  THE  INDIVIDUAL  MEMBERS  OF  THE
 BOARD, THE TRUSTEES, ANY OTHER AGENTS APPOINTED OR ENGAGED BY THE BOARD,
 AND  ALL  PERSONS  SERVING AS PROGRAM STAFF SHALL DISCHARGE THEIR DUTIES
 WITH RESPECT TO THE PROGRAM SOLELY IN  THE  INTEREST  OF  THE  PROGRAM'S
 ENROLLEES AND BENEFICIARIES AS FOLLOWS:
   1.  FOR  THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO ENROLLEES AND
 BENEFICIARIES AND DEFRAYING REASONABLE  EXPENSES  OF  ADMINISTERING  THE
 PROGRAM;
   2.  BY  INVESTING  WITH THE CARE, SKILL, PRUDENCE, AND DILIGENCE UNDER
 THE PREVAILING CIRCUMSTANCES THAT A PRUDENT  PERSON  ACTING  IN  A  LIKE
 CAPACITY  AND FAMILIAR WITH THOSE MATTERS WOULD USE IN THE CONDUCT OF AN
 ENTERPRISE OF A LIKE CHARACTER AND WITH LIKE AIMS; AND
   3. BY USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND  EMPLOYERS  REMIT-
 TING  EMPLOYEES'  OWN  CONTRIBUTIONS  INTO  THE FUND EXCLUSIVELY FOR THE
 PURPOSE OF PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST
 OF ADMINISTRATION OF THE PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENE-
 FIT OF THE PROGRAM.
   § 1304. DUTIES OF THE BOARD. IN  ADDITION  TO  THE  OTHER  DUTIES  AND
 RESPONSIBILITIES  STATED  IN  THIS  ARTICLE,  THE BOARD SHALL, ITSELF OR
 THROUGH THE USE OF APPROPRIATE FINANCIAL ORGANIZATIONS AS MANAGERS:
   1. CAUSE THE PROGRAM TO BE DESIGNED, ESTABLISHED  AND  OPERATED  IN  A
 MANNER THAT:
   (A) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
   (B)  MAXIMIZES  PARTICIPATION, SAVINGS, AND SOUND INVESTMENT PRACTICES
 INCLUDING CONSIDERING THE USE OF AUTOMATIC ENROLLMENT AS  ALLOWED  UNDER
 FEDERAL LAW;
   (C) MAXIMIZES SIMPLICITY, INCLUDING EASE OF ADMINISTRATION FOR PARTIC-
 IPATING EMPLOYERS AND ENROLLEES;
   (D)  PROVIDES  AN EFFICIENT PRODUCT TO ENROLLEES BY POOLING INVESTMENT
 FUNDS;
   (E) ENSURES THE PORTABILITY OF BENEFITS; AND
   (F) PROVIDES FOR THE DEACCUMULATION OF ENROLLEE  ASSETS  IN  A  MANNER
 THAT PROVIDES A FINANCIAL BENEFIT IN RETIREMENT.
   2.  EXPLORE  AND ESTABLISH OR AUTHORIZE INVESTMENT OPTIONS, SUBJECT TO
 THIS ARTICLE, THAT OFFER ENROLLEES  RETURNS  ON  CONTRIBUTIONS  AND  THE
 CONVERSION  OF  INDIVIDUAL RETIREMENT SAVINGS ACCOUNT BALANCES TO SECURE
 RETIREMENT INCOME WITHOUT INCURRING DEBT OR LIABILITIES TO THE STATE.
   3. ESTABLISH OR AUTHORIZE THE PROCESS BY  WHICH  INTEREST,  INVESTMENT
 EARNINGS,  AND  INVESTMENT  LOSSES  ARE  ALLOCATED TO INDIVIDUAL PROGRAM
 ACCOUNTS ON A PRO RATA BASIS AND ARE COMPUTED AT THE  INTEREST  RATE  ON
 THE BALANCE OF AN INDIVIDUAL'S ACCOUNT.

 S. 7505--C                         10                         A. 9505--D
 
   4.  MAKE  AND ENTER INTO CONTRACTS NECESSARY FOR THE ADMINISTRATION OF
 THE PROGRAM AND FUND, INCLUDING,  BUT  NOT  LIMITED  TO,  RETAINING  AND
 CONTRACTING  WITH  INVESTMENT  MANAGERS,  FINANCIAL ORGANIZATIONS, OTHER
 FINANCIAL AND SERVICE PROVIDERS, CONSULTANTS, ACTUARIES, COUNSEL,  AUDI-
 TORS, THIRD-PARTY ADMINISTRATORS, AND OTHER PROFESSIONALS AS NECESSARY.
   5.  CONDUCT  A  PERIODIC  REVIEW  OF  THE PERFORMANCE OF ANY FINANCIAL
 ORGANIZATIONS, INCLUDING, BUT NOT LIMITED TO, A REVIEW OF RETURNS, FEES,
 AND CUSTOMER SERVICE. A COPY OF REVIEWS SHALL BE POSTED TO THE PROGRAM'S
 INTERNET WEBSITE.
   6. CAUSE MONEYS IN THE PROGRAM TO  BE  HELD  AND  INVESTED  AS  POOLED
 INVESTMENTS  OR OTHERWISE, WITH A VIEW TO ACHIEVING COST SAVINGS THROUGH
 EFFICIENCIES AND ECONOMIES OF SCALE.
   7. EVALUATE AND ESTABLISH OR AUTHORIZE THE PROCESS FOR:
   (A) AN ENROLLEE TO CONTRIBUTE A PORTION OF HIS OR  HER  WAGES  TO  THE
 PROGRAM VIA PAYROLL DEDUCTION; AND
   (B)  THE  VOLUNTARY  ENROLLMENT  OF  PARTICIPATING  EMPLOYERS  IN  THE
 PROGRAM.
   8. THE BOARD MAY CONTRACT WITH FINANCIAL ORGANIZATIONS AND THIRD-PARTY
 ADMINISTRATORS WITH THE  CAPABILITY  TO  RECEIVE  AND  PROCESS  EMPLOYEE
 INFORMATION  AND  CONTRIBUTIONS  FOR  PAYROLL  DEDUCTION  IRA OR SIMILAR
 ARRANGEMENTS.
   9. EVALUATE AND ESTABLISH OR  AUTHORIZE  THE  PROCESS  FOR  ENROLLMENT
 INCLUDING  THE  PROCESS  BY  WHICH  AN  EMPLOYEE  MAY PARTICIPATE IN THE
 PROGRAM, SELECT A CONTRIBUTION LEVEL, SELECT AN INVESTMENT  OPTION,  AND
 TERMINATE PARTICIPATION IN THE PROGRAM.
   10.  EVALUATE,  OR CAUSE TO BE EVALUATED, THE NEED FOR, AND PROCURE AS
 NEEDED, INSURANCE AGAINST ANY AND ALL LOSS IN CONNECTION WITH THE  PROP-
 ERTY, ASSETS, OR ACTIVITIES OF THE PROGRAM, AND INDEMNIFY AS NEEDED EACH
 MEMBER  OF  THE  BOARD  FROM PERSONAL LOSS OR LIABILITY RESULTING FROM A
 MEMBER'S ACTION OR INACTION AS A MEMBER OF THE BOARD.
   11. MAKE PROVISIONS  FOR  THE  PAYMENT  OF  ADMINISTRATIVE  COSTS  AND
 EXPENSES  FOR  THE  CREATION,  MANAGEMENT, AND OPERATION OF THE PROGRAM.
 SUBJECT TO APPROPRIATION, THE STATE MAY PAY ADMINISTRATIVE COSTS ASSOCI-
 ATED WITH THE CREATION AND MANAGEMENT OF THE  PROGRAM  UNTIL  SUFFICIENT
 ASSETS  ARE  AVAILABLE  IN THE PROGRAM FOR THAT PURPOSE. THEREAFTER, ALL
 ADMINISTRATIVE COSTS OF THE PROGRAM, INCLUDING REPAYMENT OF ANY START-UP
 FUNDS PROVIDED BY THE STATE, SHALL BE PAID ONLY OUT OF MONEYS ON DEPOSIT
 THEREIN. HOWEVER, PRIVATE FUNDS OR FEDERAL FUNDING RECEIVED IN ORDER  TO
 IMPLEMENT  THE  PROGRAM  UNTIL IT IS SELF-SUSTAINING SHALL NOT BE REPAID
 UNLESS THOSE FUNDS WERE OFFERED CONTINGENT  UPON  THE  PROMISE  OF  SUCH
 REPAYMENT.  THE  BOARD  SHALL KEEP ITS ANNUAL ADMINISTRATIVE EXPENSES AS
 LOW AS POSSIBLE.
   12. ALLOCATE ADMINISTRATIVE FEES TO INDIVIDUAL RETIREMENT ACCOUNTS  IN
 THE PROGRAM ON A PRO RATA BASIS.
   13.  SET  OR  AUTHORIZE  MINIMUM  AND  MAXIMUM  CONTRIBUTION LEVELS IN
 ACCORDANCE WITH LIMITS ESTABLISHED FOR  IRAS  BY  THE  INTERNAL  REVENUE
 CODE.
   14. FACILITATE EDUCATION AND OUTREACH TO EMPLOYERS AND EMPLOYEES.
   15.  FACILITATE COMPLIANCE BY THE PROGRAM WITH ALL APPLICABLE REQUIRE-
 MENTS FOR THE PROGRAM UNDER THE INTERNAL  REVENUE  CODE,  INCLUDING  TAX
 QUALIFICATION  REQUIREMENTS  OR  ANY  OTHER  APPLICABLE LEGAL, FINANCIAL
 REPORTING AND ACCOUNTING REQUIREMENTS.
   16. CARRY OUT THE DUTIES AND OBLIGATIONS OF THE PROGRAM IN  AN  EFFEC-
 TIVE, EFFICIENT, AND LOW-COST MANNER.

 S. 7505--C                         11                         A. 9505--D

   17.  EXERCISE  ANY  AND  ALL OTHER POWERS REASONABLY NECESSARY FOR THE
 EFFECTUATION OF THE PURPOSES, OBJECTIVES, AND PROVISIONS OF  THIS  ARTI-
 CLE.
   18.  DETERMINE  OR  AUTHORIZE  WITHDRAWAL PROVISIONS, SUCH AS ECONOMIC
 HARDSHIPS, PORTABILITY AND LEAKAGE.
   19. DETERMINE EMPLOYEE RIGHTS AND ENFORCEMENT OF PENALTIES.
   20. DELEGATE SUCH AUTHORITY AND RESPONSIBILITY FOR THE DEVELOPMENT AND
 IMPLEMENTATION OF THE PROGRAM TO THE DEPARTMENT OF TAXATION AND  FINANCE
 AS THE BOARD DEEMS PROPER.
   § 1305. RISK MANAGEMENT. THE BOARD SHALL ANNUALLY PREPARE, OR CAUSE TO
 BE  PREPARED,  AND  ADOPT  A WRITTEN STATEMENT OF INVESTMENT POLICY THAT
 INCLUDES A RISK MANAGEMENT AND OVERSIGHT PROGRAM. THIS INVESTMENT POLICY
 SHALL PROHIBIT THE BOARD AND THE PROGRAM FROM BORROWING  FOR  INVESTMENT
 PURPOSES. THE RISK MANAGEMENT AND OVERSIGHT PROGRAM SHALL BE DESIGNED TO
 ENSURE  THAT  AN EFFECTIVE RISK MANAGEMENT SYSTEM IS IN PLACE TO MONITOR
 THE RISK LEVELS OF THE PROGRAM, TO  ENSURE  THAT  THE  RISKS  TAKEN  ARE
 PRUDENT AND PROPERLY MANAGED, TO PROVIDE AN INTEGRATED PROCESS FOR OVER-
 ALL RISK MANAGEMENT, AND TO ASSESS INVESTMENT RETURNS AS WELL AS RISK TO
 DETERMINE  IF  THE  RISKS  TAKEN  ARE ADEQUATELY COMPENSATED COMPARED TO
 APPLICABLE PERFORMANCE BENCHMARKS AND STANDARDS. THE BOARD SHALL CONSID-
 ER THE STATEMENT OF INVESTMENT POLICY AND ANY CHANGES IN THE  INVESTMENT
 POLICY AT A PUBLIC HEARING.
   §  1306.  FINANCIAL ORGANIZATIONS. 1. THE BOARD SHALL ENGAGE, AFTER AN
 OPEN BID PROCESS, A FINANCIAL ORGANIZATION OR  ORGANIZATIONS  TO  INVEST
 ASSETS OF THE PROGRAM. IN SELECTING THE FINANCIAL ORGANIZATION OR ORGAN-
 IZATIONS, THE BOARD SHALL TAKE INTO CONSIDERATION AND GIVE WEIGHT TO THE
 FINANCIAL  ORGANIZATION'S  FEES  AND  CHARGES  IN  ORDER  TO  REDUCE THE
 PROGRAM'S ADMINISTRATIVE EXPENSES.
   2. THE FINANCIAL ORGANIZATIONS SHALL COMPLY  WITH  APPLICABLE  FEDERAL
 AND  STATE LAWS, RULES, AND REGULATIONS, AS WELL AS RULES, POLICIES, AND
 GUIDELINES PROMULGATED BY THE BOARD WITH RESPECT TO THE PROGRAM, INCLUD-
 ING, BUT NOT LIMITED TO, THE INVESTMENT POLICY.
   3. THE FINANCIAL ORGANIZATION  OR  ORGANIZATIONS  SHALL  PROVIDE  SUCH
 REPORTS  AS  THE  BOARD  DEEMS  NECESSARY  FOR THE BOARD TO OVERSEE EACH
 FINANCIAL ORGANIZATION'S PERFORMANCE AND THE PERFORMANCE OF THE PROGRAM.
   § 1307. INVESTMENT OPTIONS. 1. THE BOARD SHALL ESTABLISH OR  AUTHORIZE
 A  DEFAULT  INVESTMENT OPTION FOR ENROLLEES WHO FAIL TO ELECT AN INVEST-
 MENT OPTION. IN MAKING SUCH DETERMINATION, THE BOARD SHALL CONSIDER  THE
 COST,  RISK PROFILE, BENEFIT LEVEL AND EASE OF ENROLLMENT. THE BOARD MAY
 CHANGE THE DEFAULT OPTION IF THE BOARD DETERMINES THAT SUCH CHANGE IS IN
 THE BEST INTERESTS OF THE ENROLLEES.
   2. THE BOARD MAY ESTABLISH  OR  AUTHORIZE  ANY  ADDITIONAL  INVESTMENT
 OPTIONS THAT THE BOARD DEEMS APPROPRIATE INCLUDING BUT NOT LIMITED TO:
   (A) A CONSERVATIVE PRINCIPAL PROTECTION FUND;
   (B) A GROWTH FUND;
   (C)  A  SECURE RETURN FUND WHOSE PRIMARY OBJECTIVE IS THE PRESERVATION
 OF THE SAFETY OF PRINCIPAL AND THE PROVISION OF A  STABLE  AND  LOW-RISK
 RATE  OF  RETURN; IF THE BOARD ELECTS TO ESTABLISH A SECURE RETURN FUND,
 THE BOARD MAY PROCURE ANY INSURANCE, ANNUITY, OR OTHER PRODUCT TO INSURE
 THE VALUE OF ENROLLEES' ACCOUNTS AND GUARANTEE A  RATE  OF  RETURN;  THE
 COST  OF  SUCH FUNDING MECHANISM SHALL BE PAID OUT OF THE FUND; UNDER NO
 CIRCUMSTANCES SHALL THE BOARD, PROGRAM, FUND, THE STATE, OR ANY  PARTIC-
 IPATING  EMPLOYER ASSUME ANY LIABILITY FOR INVESTMENT OR ACTUARIAL RISK;
 THE BOARD SHALL DETERMINE WHETHER TO ESTABLISH OR AUTHORIZE SUCH INVEST-
 MENT OPTIONS BASED UPON AN ANALYSIS OF THEIR COST, RISK PROFILE, BENEFIT
 LEVEL, FEASIBILITY, AND EASE OF IMPLEMENTATION;

 S. 7505--C                         12                         A. 9505--D
 
   (D) AN ANNUITY FUND;
   (E) A GROWTH AND INCOME FUND; OR
   (F) A LIFE CYCLE FUND WITH A TARGET DATE BASED UPON FACTORS DETERMINED
 BY THE BOARD.
   § 1308. BENEFITS. INTEREST, INVESTMENT EARNINGS, AND INVESTMENT LOSSES
 SHALL  BE  ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS AS AUTHORIZED BY THE
 BOARD PURSUANT TO THIS ARTICLE. AN INDIVIDUAL'S RETIREMENT SAVINGS BENE-
 FIT UNDER THE PROGRAM SHALL BE AN AMOUNT EQUAL TO  THE  BALANCE  IN  THE
 INDIVIDUAL'S  PROGRAM ACCOUNT ON THE DATE THE RETIREMENT SAVINGS BENEFIT
 BECOMES PAYABLE. THE STATE SHALL HAVE NO LIABILITY FOR  THE  PAYMENT  OF
 ANY BENEFIT TO ANY ENROLLEE IN THE PROGRAM.
   §  1309.  EMPLOYER AND EMPLOYEE INFORMATIONAL MATERIALS AND DISCLOSURE
 FORMS. 1. PRIOR TO THE OPENING OF THE PROGRAM FOR ENROLLMENT, THE  BOARD
 SHALL  DESIGN AND DISSEMINATE, OR CAUSE TO BE DESIGNED AND DISSEMINATED,
 TO ALL EMPLOYERS EMPLOYER INFORMATIONAL MATERIALS AND EMPLOYEE  INFORMA-
 TIONAL  MATERIALS,  WHICH  SHALL  INCLUDE  BACKGROUND INFORMATION ON THE
 PROGRAM, AND NECESSARY DISCLOSURES AS REQUIRED BY LAW FOR EMPLOYEES.
   2. THE EMPLOYEE INFORMATIONAL MATERIALS SHALL  BE  MADE  AVAILABLE  IN
 ENGLISH,  SPANISH, HAITIAN CREOLE, CHINESE, KOREAN, RUSSIAN, ARABIC, AND
 ANY OTHER LANGUAGE THE BOARD DEEMS NECESSARY.
   3. THE EMPLOYEE INFORMATIONAL MATERIALS  SHALL  INCLUDE  A  DISCLOSURE
 FORM.  THE  DISCLOSURE FORM SHALL EXPLAIN, BUT NOT BE LIMITED TO, ALL OF
 THE FOLLOWING:
   (A) THE BENEFITS AND RISKS ASSOCIATED WITH MAKING CONTRIBUTIONS TO THE
 PROGRAM;
   (B) THE PROCESS FOR MAKING CONTRIBUTIONS TO THE PROGRAM;
   (C) HOW TO CEASE PARTICIPATION IN THE PROGRAM;
   (D) THE PROCESS BY WHICH AN EMPLOYEE CAN PARTICIPATE  IN  THE  PROGRAM
 WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER THAN THREE PERCENT;
   (E)  THAT THEY ARE NOT REQUIRED TO PARTICIPATE OR CONTRIBUTE MORE THAN
 THREE PERCENT;
   (F) THE PROCESS FOR WITHDRAWAL OF RETIREMENT SAVINGS;
   (G) THE  PROCESS  FOR  SELECTING  BENEFICIARIES  OF  THEIR  RETIREMENT
 SAVINGS;
   (H) HOW TO OBTAIN ADDITIONAL INFORMATION ABOUT THE PROGRAM;
   (I)  THAT  EMPLOYEES SEEKING FINANCIAL ADVICE SHOULD CONTACT FINANCIAL
 ADVISORS, THAT PARTICIPATING EMPLOYERS ARE NOT IN A POSITION TO  PROVIDE
 FINANCIAL  ADVICE,  AND  THAT PARTICIPATING EMPLOYERS ARE NOT LIABLE FOR
 DECISIONS EMPLOYEES MAKE PURSUANT TO THIS ARTICLE;
   (J) INFORMATION ON HOW TO  ACCESS  ANY  AVAILABLE  FINANCIAL  LITERACY
 PROGRAMS; AND
   (K) THAT THE PROGRAM FUND IS NOT GUARANTEED BY THE STATE.
   4.  THE EMPLOYEE INFORMATIONAL MATERIALS SHALL ALSO INCLUDE A FORM FOR
 AN EMPLOYEE TO NOTE HIS OR HER DECISION REGARDING PARTICIPATION  IN  THE
 PROGRAM  OR  ELECTION  TO  PARTICIPATE WITH A LEVEL OF EMPLOYEE CONTRIB-
 UTIONS OTHER THAN THREE PERCENT.
   5. PARTICIPATING EMPLOYERS SHALL  SUPPLY  THE  EMPLOYEE  INFORMATIONAL
 MATERIALS  TO EXISTING EMPLOYEES AT LEAST ONE MONTH PRIOR TO THE PARTIC-
 IPATING EMPLOYERS' FACILITATION OF ACCESS TO THE PROGRAM.  PARTICIPATING
 EMPLOYERS  SHALL  SUPPLY  THE  EMPLOYEE  INFORMATIONAL  MATERIALS TO NEW
 EMPLOYEES AT THE TIME OF HIRING.
   § 1310. PROGRAM IMPLEMENTATION AND  ENROLLMENT.  EXCEPT  AS  OTHERWISE
 PROVIDED  IN THIS ARTICLE, THE PROGRAM SHALL BE IMPLEMENTED, AND ENROLL-
 MENT OF EMPLOYEES SHALL  BEGIN,  WITHIN  TWENTY-FOUR  MONTHS  AFTER  THE
 EFFECTIVE  DATE OF THIS ARTICLE. THE PROVISIONS OF THIS SECTION SHALL BE
 IN FORCE AFTER THE BOARD OPENS THE PROGRAM FOR ENROLLMENT.

 S. 7505--C                         13                         A. 9505--D
 
   1. NO EMPLOYER SHALL BE REQUIRED TO PARTICIPATE IN OR OTHERWISE IMPLE-
 MENT THE PROGRAM.
   2.  ENROLLEES  SHALL  HAVE  THE ABILITY TO SELECT A CONTRIBUTION LEVEL
 INTO THE PROGRAM. THIS LEVEL MAY BE EXPRESSED AS A PERCENTAGE  OF  WAGES
 OR  AS  A  DOLLAR  AMOUNT UP TO THE DEDUCTIBLE AMOUNT FOR THE ENROLLEE'S
 TAXABLE YEAR UNDER SECTION 219(B)(1)(A) OF THE  INTERNAL  REVENUE  CODE.
 ENROLLEES  MAY  CHANGE  THEIR CONTRIBUTION LEVEL AT ANY TIME, SUBJECT TO
 RULES PROMULGATED BY THE  BOARD.  IF  AN  ENROLLEE  FAILS  TO  SELECT  A
 CONTRIBUTION  LEVEL USING THE FORM DESCRIBED IN THIS ARTICLE, THEN HE OR
 SHE SHALL CONTRIBUTE THREE PERCENT OF HIS OR HER WAGES TO  THE  PROGRAM,
 PROVIDED  THAT  SUCH  CONTRIBUTIONS SHALL NOT CAUSE THE ENROLLEE'S TOTAL
 CONTRIBUTIONS TO IRAS FOR THE YEAR TO EXCEED THE DEDUCTIBLE  AMOUNT  FOR
 THE  ENROLLEE'S  TAXABLE YEAR UNDER SECTION 219(B)(1)(A) OF THE INTERNAL
 REVENUE CODE.
   3. ENROLLEES  MAY  SELECT  AN  INVESTMENT  OPTION  OFFERED  UNDER  THE
 PROGRAM.  ENROLLEES  MAY  CHANGE  THEIR  INVESTMENT  OPTION AT ANY TIME,
 SUBJECT TO RULES PROMULGATED BY THE BOARD. IN THE EVENT THAT AN ENROLLEE
 FAILS TO SELECT AN INVESTMENT OPTION, THAT ENROLLEE SHALL BE  PLACED  IN
 THE INVESTMENT OPTION SELECTED OR AUTHORIZED BY THE BOARD AS THE DEFAULT
 UNDER THIS ARTICLE.
   4.  FOLLOWING  INITIAL  IMPLEMENTATION OF THE PROGRAM PURSUANT TO THIS
 SECTION, AT LEAST ONCE EVERY YEAR, THE PROGRAM SHALL DESIGNATE  AN  OPEN
 ENROLLMENT PERIOD DURING WHICH EMPLOYEES MAY ENROLL IN THE PROGRAM.
   5.  AN  EMPLOYEE WHO CHOOSES NOT TO PARTICIPATE IN THE PROGRAM AND WHO
 SUBSEQUENTLY WANTS TO PARTICIPATE MAY ONLY ENROLL DURING  THE  PROGRAM'S
 DESIGNATED  OPEN  ENROLLMENT PERIOD OR IF PERMITTED BY THE PROGRAM AT AN
 EARLIER TIME.
   6. EMPLOYERS SHALL RETAIN THE OPTION AT ALL TIMES TO SET UP  ANY  TYPE
 OF EMPLOYER-SPONSORED RETIREMENT PLAN.
   7.  AN  ENROLLEE MAY TERMINATE HIS OR HER ENROLLMENT IN THE PROGRAM AT
 ANY TIME IN A MANNER PRESCRIBED BY THE BOARD.
   8. (A) THE BOARD SHALL ESTABLISH OR AUTHORIZE A WEBSITE REGARDING  THE
 SECURE CHOICE SAVINGS PROGRAM.
   (B) THE BOARD SHALL ESTABLISH AND MAINTAIN OR AUTHORIZE THE ESTABLISH-
 MENT  AND  MAINTENANCE  OF A SECURE WEBSITE WHEREIN ENROLLEES MAY LOG IN
 AND ACQUIRE INFORMATION REGARDING CONTRIBUTIONS  AND  INVESTMENT  INCOME
 ALLOCATED  TO,  WITHDRAWALS FROM, AND BALANCES IN THEIR PROGRAM ACCOUNTS
 FOR THE REPORTING PERIOD. SUCH WEBSITE MUST ALSO INCLUDE INFORMATION FOR
 THE ENROLLEES REGARDING OTHER OPTIONS AVAILABLE TO THE EMPLOYEE AND  HOW
 THEY  CAN  TRANSFER THEIR ACCOUNTS TO OTHER PROGRAMS SHOULD THEY WISH TO
 DO SO. SUCH WEBSITE MAY INCLUDE  ANY  OTHER  INFORMATION  REGARDING  THE
 PROGRAM AS THE BOARD MAY DETERMINE.
   § 1311. PAYMENTS. EMPLOYEE CONTRIBUTIONS DEDUCTED BY THE PARTICIPATING
 EMPLOYER  THROUGH PAYROLL DEDUCTION SHALL BE REMITTED BY THE PARTICIPAT-
 ING EMPLOYER TO THE PROGRAM USING ONE OR  MORE  PAYROLL  DEDUCTION  IRAS
 ESTABLISHED OR AUTHORIZED BY THE BOARD UNDER THIS ARTICLE, EITHER:
   1. ON OR BEFORE THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH
 THE  COMPENSATION  OTHERWISE  WOULD HAVE BEEN PAYABLE TO THE EMPLOYEE IN
 CASH; OR
   2. BEFORE SUCH LATER DEADLINE PRESCRIBED BY THE BOARD FOR MAKING  SUCH
 PAYMENTS,  BUT  NOT  LATER  THAN  THE  DUE  DATE  FOR THE DEPOSIT OF TAX
 REQUIRED TO BE DEDUCTED AND WITHHELD RELATING TO  COLLECTION  OF  INCOME
 TAX  AT  SOURCE  ON  WAGES OR FOR THE DEPOSIT OF TAX REQUIRED TO BE PAID
 UNDER THE UNEMPLOYMENT INSURANCE SYSTEM FOR THE PAYROLL PERIOD TO  WHICH
 SUCH PAYMENTS RELATE.

 S. 7505--C                         14                         A. 9505--D
 
   §  1312.  DUTY  AND LIABILITY OF THE STATE. 1. THE STATE SHALL HAVE NO
 DUTY OR LIABILITY TO ANY PARTY FOR THE PAYMENT OF ANY RETIREMENT SAVINGS
 BENEFITS ACCRUED BY  ANY  ENROLLEE  UNDER  THE  PROGRAM.  ANY  FINANCIAL
 LIABILITY  FOR  THE  PAYMENT OF RETIREMENT SAVINGS BENEFITS IN EXCESS OF
 FUNDS  AVAILABLE UNDER THE PROGRAM SHALL BE BORNE SOLELY BY THE ENTITIES
 WITH WHOM THE BOARD CONTRACTS TO PROVIDE INSURANCE TO PROTECT THE  VALUE
 OF THE PROGRAM.
   2. NO STATE BOARD, COMMISSION, OR AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 MEMBER  THEREOF  IS  LIABLE  FOR  ANY  LOSS OR DEFICIENCY RESULTING FROM
 PARTICULAR INVESTMENTS SELECTED  UNDER  THIS  ARTICLE,  EXCEPT  FOR  ANY
 LIABILITY THAT ARISES OUT OF A BREACH OF FIDUCIARY DUTY.
   § 1313. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS. 1.  PARTICIPAT-
 ING  EMPLOYERS  SHALL  NOT HAVE ANY LIABILITY FOR AN EMPLOYEE'S DECISION
 REGARDING WHETHER TO PARTICIPATE IN THE PROGRAM OR  FOR  THE  INVESTMENT
 DECISIONS OF THE BOARD OR OF ANY ENROLLEE.
   2.  A  PARTICIPATING  EMPLOYER  IS NOT ESTABLISHING OR MAINTAINING THE
 PROGRAM'S PAYROLL DEDUCTION IRA. A PARTICIPATING EMPLOYER SHALL NOT BE A
 FIDUCIARY, OR CONSIDERED TO BE A FIDUCIARY, OVER THE PROGRAM. A  PARTIC-
 IPATING  EMPLOYER  SHALL NOT BEAR RESPONSIBILITY FOR THE ADMINISTRATION,
 INVESTMENT, OR INVESTMENT PERFORMANCE OF THE  PROGRAM.  A  PARTICIPATING
 EMPLOYER  SHALL NOT BE LIABLE WITH REGARD TO INVESTMENT RETURNS, PROGRAM
 DESIGN, AND BENEFITS PAID TO PROGRAM PARTICIPANTS.
   § 1314. AUDIT AND REPORTS. 1. THE BOARD SHALL ANNUALLY SUBMIT:
   (A) AN AUDITED FINANCIAL REPORT, PREPARED IN ACCORDANCE WITH GENERALLY
 ACCEPTED ACCOUNTING PRINCIPLES, ON THE OPERATIONS OF THE PROGRAM  DURING
 EACH  CALENDAR YEAR BY JULY FIRST OF THE FOLLOWING YEAR TO THE GOVERNOR,
 THE COMMISSIONER, THE SPEAKER OF THE ASSEMBLY, THE  TEMPORARY  PRESIDENT
 OF  THE  SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
 CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE  ASSEMBLY  LABOR
 COMMITTEE, THE CHAIR OF THE SENATE LABOR COMMITTEE; AND
   (B) A REPORT PREPARED OR AUTHORIZED BY THE BOARD, WHICH SHALL INCLUDE,
 BUT  IS  NOT  LIMITED  TO,  A  SUMMARY  OF  THE BENEFITS PROVIDED BY THE
 PROGRAM, INCLUDING THE NUMBER OF ENROLLEES IN THE PROGRAM, THE  PERCENT-
 AGE  AND  AMOUNTS  OF  INVESTMENT  OPTIONS AND RATES OF RETURN, AND SUCH
 OTHER INFORMATION THAT IS RELEVANT TO MAKE A FULL, FAIR,  AND  EFFECTIVE
 DISCLOSURE  OF THE OPERATIONS OF THE PROGRAM. THE ANNUAL REPORT SHALL BE
 MADE BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT  AND  SHALL  INCLUDE,
 BUT IS NOT LIMITED TO, DIRECT AND INDIRECT COSTS ATTRIBUTABLE TO THE USE
 OF  OUTSIDE  CONSULTANTS, INDEPENDENT CONTRACTORS, AND ANY OTHER PERSONS
 WHO ARE NOT STATE EMPLOYEES FOR THE ADMINISTRATION OF THE PROGRAM.
   2. IN ADDITION TO ANY OTHER STATEMENTS OR REPORTS REQUIRED BY LAW, THE
 BOARD SHALL PROVIDE OR CAUSE TO BE PROVIDED PERIODIC  REPORTS  AT  LEAST
 ANNUALLY  TO  ENROLLEES,  REPORTING  CONTRIBUTIONS AND INVESTMENT INCOME
 ALLOCATED TO, WITHDRAWALS FROM, AND BALANCES IN THEIR  PROGRAM  ACCOUNTS
 FOR THE REPORTING PERIOD. SUCH REPORTS MAY INCLUDE ANY OTHER INFORMATION
 REGARDING THE PROGRAM AS THE BOARD MAY DETERMINE.
   § 1315. DELAYED IMPLEMENTATION. THE BOARD MAY DELAY THE IMPLEMENTATION
 OF THE PROGRAM AN ADDITIONAL TWELVE MONTHS BEYOND THE TWENTY-FOUR MONTHS
 ESTABLISHED IN SECTION THIRTEEN HUNDRED TEN OF THIS ARTICLE IF THE BOARD
 DETERMINES  THAT  FURTHER DELAY IS NECESSARY TO ADDRESS LEGAL, FINANCIAL
 OR OTHER PROGRAMMATIC CONCERNS IMPACTING THE VIABILITY OF  THE  PROGRAM.
 THE BOARD SHALL PROVIDE REASONABLE NOTICE OF SUCH DELAY TO THE GOVERNOR,
 THE  COMMISSIONER,  THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
 OF THE SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  THE
 CHAIR  OF  THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY LABOR
 COMMITTEE, AND THE CHAIR OF THE SENATE LABOR COMMITTEE.

 S. 7505--C                         15                         A. 9505--D
 
   § 1316. REGULATIONS. THE COMMISSIONER MAY ISSUE SUCH RULES  AND  REGU-
 LATIONS  AS  HE  OR  SHE  DEEMS NECESSARY TO IMPLEMENT THE TERMS OF THIS
 ARTICLE.
   § 3. The state finance law is amended by adding a new section 99-bb to
 read as follows:
   §  99-BB.  NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND. 1.  THERE
 IS HEREBY ESTABLISHED WITHIN THE JOINT CUSTODY OF  THE  COMMISSIONER  OF
 TAXATION  AND FINANCE AND THE STATE COMPTROLLER IN CONSULTATION WITH THE
 NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD, A  NEW  FUND  TO  BE
 KNOWN AS THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   2.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE ADMINISTRATIVE FUND TO PAY FOR ADMINISTRATIVE EXPENSES  IT
 INCURS  IN THE PERFORMANCE OF ITS DUTIES UNDER THE NEW YORK STATE SECURE
 CHOICE SAVINGS PROGRAM PURSUANT TO ARTICLE FORTY-THREE  OF  THE  GENERAL
 BUSINESS LAW.
   3.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE  ADMINISTRATIVE  FUND  TO  COVER  START-UP  ADMINISTRATIVE
 EXPENSES  IT  INCURS  IN  THE  PERFORMANCE  OF  ITS DUTIES UNDER ARTICLE
 FORTY-THREE OF THE GENERAL BUSINESS LAW.
   4. THE ADMINISTRATIVE FUND MAY RECEIVE  ANY  GRANTS  OR  OTHER  MONEYS
 DESIGNATED  FOR  ADMINISTRATIVE  PURPOSES FROM THE STATE, OR ANY UNIT OF
 FEDERAL OR LOCAL GOVERNMENT, OR ANY OTHER PERSON, FIRM, PARTNERSHIP,  OR
 CORPORATION.  ANY  INTEREST  EARNINGS THAT ARE ATTRIBUTABLE TO MONEYS IN
 THE ADMINISTRATIVE FUND MUST BE DEPOSITED INTO THE ADMINISTRATIVE FUND.
   § 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 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.
   § 5. This act shall take effect immediately.
 
                                  PART Y
 
                           Intentionally Omitted
 
                                  PART Z
 
                           Intentionally Omitted
 
                                  PART AA
 
                           Intentionally Omitted
 
                                  PART BB

                           Intentionally Omitted
 
                                  PART CC
 
   Section  1.  Paragraph  p of subdivision 10 of section 54 of the state
 finance law, as amended by section 2 of part K of chapter 57 of the laws

 S. 7505--C                         16                         A. 9505--D
 
 of 2011 and subparagraph (ii) as amended by chapter 30 of  the  laws  of
 2013, is amended to read as follows:
   p.  Citizen empowerment tax credit. (i) For the purposes of this para-
 graph, "municipalities" shall mean cities with a  population  less  than
 one million, towns CREATED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU-
 SAND  SEVENTEEN, and villages INCORPORATED ON OR BEFORE DECEMBER THIRTY-
 FIRST, TWO THOUSAND SEVENTEEN.
   (ii) Within the annual amounts appropriated therefor, surviving  muni-
 cipalities  following  a  consolidation  or  dissolution occurring on or
 after the state fiscal year commencing April first, two thousand  seven,
 and  any  new coterminous town-village established after July first, two
 thousand twelve that operates principally as a town or as a village  but
 not  as  both  a  town and a village, shall be awarded additional annual
 aid, starting in the state fiscal year following the state  fiscal  year
 in  which  such  reorganization took effect, equal to fifteen percent of
 the combined amount of real property taxes levied by all of the  munici-
 palities  participating  in  the reorganization in the local fiscal year
 prior to the local fiscal year in which such reorganization took effect.
 In instances of the dissolution of a village located in  more  than  one
 town,  such additional aid shall equal the sum of fifteen percent of the
 real property taxes levied by such village in the  village  fiscal  year
 prior  to  the village fiscal year in which such dissolution took effect
 plus fifteen percent of the average amount of real property taxes levied
 by the towns in which the village was located in the  town  fiscal  year
 prior to the town fiscal year in which such dissolution took effect, and
 shall  be  divided  among  such  towns  based  on the percentage of such
 village's population that resided in each  such  town  as  of  the  most
 recent  federal decennial census. In no case shall the additional ANNUAL
 aid pursuant to this paragraph exceed one million dollars. FOR  VILLAGES
 IN WHICH A MAJORITY OF THE ELECTORS VOTING AT A REFERENDUM ON A PROPOSED
 DISSOLUTION  PURSUANT  TO  SECTION  SEVEN  HUNDRED EIGHTY OF THE GENERAL
 MUNICIPAL LAW VOTE IN FAVOR OF DISSOLUTION AFTER DECEMBER  THIRTY-FIRST,
 TWO  THOUSAND  SEVENTEEN,  IN  NO  CASE  SHALL THE ADDITIONAL ANNUAL AID
 PURSUANT TO THIS PARAGRAPH EXCEED THE LESSER OF ONE MILLION  DOLLARS  OR
 THE  AMOUNT OF REAL PROPERTY TAXES LEVIED BY SUCH VILLAGE IN THE VILLAGE
 FISCAL YEAR PRIOR TO THE VILLAGE FISCAL YEAR IN WHICH  SUCH  DISSOLUTION
 TOOK EFFECT. Such additional ANNUAL aid shall be apportioned and paid to
 the  chief  fiscal  officer  of  each eligible municipality on or before
 September twenty-fifth of each such  state  fiscal  year  on  audit  and
 warrant  of  the  state  comptroller  out  of moneys appropriated by the
 legislature for such purpose to the credit of the local assistance fund.
   (iii) Any municipality receiving  a  citizen  empowerment  tax  credit
 pursuant  to  this  paragraph shall use at least seventy percent of such
 aid for property tax relief and the balance  of  such  aid  for  general
 municipal  purposes.  For each local fiscal year following the effective
 date of the chapter of the laws of two  thousand  eleven  which  amended
 this paragraph in which such aid is payable, a statement shall be placed
 on  each  property  tax  bill for such municipality in substantially the
 following form: "Your property tax savings this year resulting from  the
 State  Citizen  Empowerment  Tax  Credit received as the result of local
 government re-organization is $______." The property  tax  savings  from
 the  citizen  empowerment tax credit for each property tax bill shall be
 calculated by (1) multiplying the amount of the citizen empowerment  tax
 credit  used  for  property  tax  relief by the amount of property taxes
 levied on such property by such municipality and (2) dividing the result
 by the total amount of property taxes levied by such municipality.

 S. 7505--C                         17                         A. 9505--D
 
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. Section 106-b of the uniform justice court act, as added by
 chapter 87 of the laws of 2008, is amended to read as follows:
 § 106-b. Election  of [a single] ONE OR MORE town [justice] JUSTICES for
            two or more [adjacent] towns.
   1. Two or more [adjacent] towns within the same county, acting by  and
 through  their  town boards, are authorized to jointly undertake a study
 relating to the election of  [a  single]  ONE  OR  MORE  town  [justice]
 JUSTICES  who  shall  preside in the town courts of each such town. Such
 study shall be commenced upon and conducted pursuant to a  joint  resol-
 ution adopted by the town board of each such [adjacent] town. Such joint
 resolution  or  a certified copy thereof shall upon adoption be filed in
 the office of the town clerk of each [adjacent] town  which  adopts  the
 resolution.  No  study authorized by this subdivision shall be commenced
 until the joint resolution providing for the study shall have been filed
 with the town clerks of at least two [adjacent] towns which adopted such
 joint resolution.
   2. Within thirty days after the conclusion of a study conducted pursu-
 ant to subdivision one of this  section,  each  town  which  shall  have
 adopted  the  joint resolution providing for the study shall publish, in
 its official newspaper or, if there be no official newspaper, in a news-
 paper published in the county and having a  general  circulation  within
 such  town,  notice that the study has been concluded and the time, date
 and place of the town public hearing on  such  study.  Each  town  shall
 conduct a public hearing on the study, conducted pursuant to subdivision
 one of this section, not less than twenty days nor more than thirty days
 after publication of the notice of such public hearing.
   3.  The  town  board  of  each town party to the study shall conduct a
 public hearing upon the findings of such study, and shall hear testimony
 and receive evidence and information thereon with regard to the election
 of one OR MORE town [justice] JUSTICES to preside over the  town  courts
 of  the  [adjacent]  towns  which  are  parties  to the joint resolution
 providing for the study.
   4. Within sixty days of the last public hearing upon a study conducted
 pursuant to subdivision one of this section, town boards  of  each  town
 which  participated  in such study shall determine whether the town will
 participate in a joint plan providing for the election of [a single] ONE
 OR MORE town [justice] JUSTICES to preside in the town courts of two  or
 more  [adjacent] towns.  Every such joint plan shall only be approved by
 a town by the adoption of a resolution by the town board  providing  for
 the  adoption  of  such  joint plan. In the event two or more [adjacent]
 towns fail to adopt a joint plan, all  proceedings  authorized  by  this
 section shall terminate and the town courts of such towns shall continue
 to operate in accordance with the existing provisions of law.
   5.  Upon the adoption of a joint plan by two or more [adjacent] towns,
 the town boards of the towns adopting such plan shall each adopt a joint
 resolution providing for:
   a. the election of [a single] ONE OR MORE town [justice]  JUSTICES  at
 large to preside in the town courts of the participating towns;
   b. the abolition of the existing office of town justice in the partic-
 ipating towns; and

 S. 7505--C                         18                         A. 9505--D
 
   c.  the  election of [such single] ONE OR MORE town [justice] JUSTICES
 shall occur at the next general election  of  town  officers  and  every
 fourth year thereafter.
   6.  Upon  the adoption of a joint resolution, such resolution shall be
 forwarded to the state legislature, and  shall  constitute  a  municipal
 home rule message pursuant to article nine of the state constitution and
 the  municipal home rule law. No such joint resolution shall take effect
 until state legislation enacting the joint resolution shall have  become
 a law.
   7. Every town justice elected to preside in multiple towns pursuant to
 this section shall have jurisdiction in each of the participating [adja-
 cent] towns, shall preside in the town courts of such towns, shall main-
 tain  separate  records and dockets for each town court, and shall main-
 tain a separate bank account for each town  court  for  the  deposit  of
 moneys received by each town court.
   8.  In  the  event  any  town  court operated pursuant to a joint plan
 enacted into law pursuant to this section is without the services of the
 [single] ONE OR MORE town [justice] JUSTICES because of absence or disa-
 bility, the provisions of section one hundred six of  this  article  and
 the town law shall apply.
   § 2. This act shall take effect immediately.
 
                                  PART EE
 
   Section  1. The general municipal law is amended by adding a new arti-
 cle 12-I to read as follows:
                               ARTICLE 12-I
                    COUNTY-WIDE SHARED SERVICES PANELS
 SECTION 239-BB. COUNTY-WIDE SHARED SERVICES PANELS.
   § 239-BB. COUNTY-WIDE SHARED  SERVICES  PANELS.  1.  DEFINITIONS.  THE
 FOLLOWING  TERMS  SHALL  HAVE THE FOLLOWING MEANINGS FOR THE PURPOSES OF
 THIS ARTICLE:
   A. "COUNTY" SHALL MEAN ANY COUNTY NOT WHOLLY CONTAINED WITHIN A CITY.
   B. "COUNTY CEO" SHALL MEAN THE COUNTY  EXECUTIVE,  COUNTY  MANAGER  OR
 OTHER  CHIEF  EXECUTIVE  OF THE COUNTY, OR, WHERE NONE, THE CHAIR OF THE
 COUNTY LEGISLATIVE BODY.
   C. "PANEL" SHALL MEAN A COUNTY-WIDE SHARED SERVICES PANEL  ESTABLISHED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   D.  "PLAN"  SHALL  MEAN  A  COUNTY-WIDE  SHARED  SERVICES PROPERTY TAX
 SAVINGS PLAN.
   2. COUNTY-WIDE SHARED SERVICES PANELS. A. THERE SHALL BE A COUNTY-WIDE
 SHARED SERVICES PANEL IN EACH COUNTY CONSISTING OF THE COUNTY  CEO,  AND
 ONE  REPRESENTATIVE  FROM EACH CITY, TOWN AND VILLAGE IN THE COUNTY. THE
 CHIEF EXECUTIVE OFFICER OF EACH TOWN, CITY  AND  VILLAGE  SHALL  BE  THE
 REPRESENTATIVE  TO  A  PANEL  AND  SHALL  BE  THE  MAYOR, IF A CITY OR A
 VILLAGE, OR SHALL BE THE SUPERVISOR, IF A TOWN.  THE  COUNTY  CEO  SHALL
 SERVE  AS  CHAIR. ALL PANELS ESTABLISHED IN EACH COUNTY PURSUANT TO PART
 BBB OF CHAPTER FIFTY-NINE OF THE LAWS OF  TWO  THOUSAND  SEVENTEEN,  AND
 PRIOR  TO  THE ENACTMENT OF THIS ARTICLE, SHALL CONTINUE IN SATISFACTION
 OF THIS SECTION IN SUCH FORM AS THEY WERE ESTABLISHED, PROVIDED THAT THE
 COUNTY CEO MAY ALTER THE MEMBERSHIP OF THE PANEL CONSISTENT  WITH  PARA-
 GRAPH B OF THIS SUBDIVISION.
   B. THE COUNTY CEO MAY INVITE ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES,  FIRE  DISTRICT,  FIRE  PROTECTION  DISTRICT,  OR
 SPECIAL IMPROVEMENT DISTRICT IN THE COUNTY TO JOIN A  PANEL.  UPON  SUCH
 INVITATION, THE GOVERNING BODY OF SUCH SCHOOL DISTRICT, BOARD OF COOPER-

 S. 7505--C                         19                         A. 9505--D
 
 ATIVE  EDUCATIONAL SERVICES, FIRE DISTRICT, FIRE PROTECTION DISTRICT, OR
 OTHER SPECIAL DISTRICT MAY ACCEPT SUCH INVITATION BY SELECTING A  REPRE-
 SENTATIVE OF SUCH GOVERNING BODY, BY MAJORITY VOTE, TO SERVE AS A MEMBER
 OF  THE  PANEL.  SUCH  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, FIRE DISTRICT,  FIRE  PROTECTION  DISTRICT  OR  OTHER  SPECIAL
 DISTRICT  SHALL  MAINTAIN  SUCH  REPRESENTATION  UNTIL  THE PANEL EITHER
 APPROVES A PLAN OR TRANSMITS A STATEMENT TO THE SECRETARY  OF  STATE  ON
 THE  REASON THE PANEL DID NOT APPROVE A PLAN, PURSUANT TO PARAGRAPH D OF
 SUBDIVISION SEVEN OF THIS SECTION.  UPON APPROVAL OF A PLAN OR A  TRANS-
 MISSION  OF  A  STATEMENT TO THE SECRETARY OF STATE THAT A PANEL DID NOT
 APPROVE A PLAN IN ANY CALENDAR YEAR, THE COUNTY CEO MAY, BUT  NEED  NOT,
 INVITE  ANY  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
 FIRE DISTRICT, FIRE PROTECTION DISTRICT OR SPECIAL IMPROVEMENT  DISTRICT
 IN THE COUNTY TO JOIN A PANEL THEREAFTER CONVENED.
   3. A. EACH COUNTY CEO SHALL, AFTER SATISFYING THE REQUIREMENTS OF PART
 BBB OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN, ANNUAL-
 LY  CONVENE  THE PANEL AND SHALL UNDERTAKE TO REVISE AND UPDATE A PREVI-
 OUSLY APPROVED PLAN OR ALTERNATIVELY DEVELOP A NEW PLAN THROUGH DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. SUCH  PLANS  SHALL  CONTAIN  NEW,
 RECURRING  PROPERTY  TAX SAVINGS RESULTING FROM ACTIONS SUCH AS, BUT NOT
 LIMITED TO, THE ELIMINATION OF  DUPLICATIVE  SERVICES;  SHARED  SERVICES
 ARRANGEMENTS  INCLUDING,  JOINT  PURCHASING,  SHARED  HIGHWAY EQUIPMENT,
 SHARED STORAGE FACILITIES, SHARED PLOWING SERVICES AND ENERGY AND INSUR-
 ANCE PURCHASING COOPERATIVES; REDUCING BACK  OFFICE  AND  ADMINISTRATIVE
 OVERHEAD;  AND  BETTER COORDINATING SERVICES. THE SECRETARY OF STATE MAY
 PROVIDE ADVICE AND/OR RECOMMENDATIONS ON THE FORM AND STRUCTURE OF  SUCH
 PLANS.
   B.  AFTER  HAVING CONVENED AT LEAST TWO MEETINGS IN A CALENDAR YEAR, A
 PANEL MAY, BY MAJORITY VOTE, DETERMINE THAT IT IS NOT IN THE BEST INTER-
 EST OF THE TAXPAYERS TO REVISE AND UPDATE A PREVIOUSLY APPROVED PLAN  OR
 TO  DEVELOP  A NEW PLAN IN SUCH YEAR. THE COUNTY CEO OF SUCH PANEL SHALL
 THEN COMPLY WITH THE PROVISIONS OF PARAGRAPH (D) OF SUBDIVISION SEVEN OF
 THIS SECTION.
   4. WHILE REVISING OR UPDATING A PREVIOUSLY  APPROVED  PLAN,  OR  WHILE
 DEVELOPING  A NEW PLAN, THE COUNTY CEO SHALL REGULARLY CONSULT WITH, AND
 TAKE RECOMMENDATIONS FROM, THE REPRESENTATIVES: ON THE  PANEL;  OF  EACH
 COLLECTIVE  BARGAINING  UNIT  OF  THE  COUNTY AND THE CITIES, TOWNS, AND
 VILLAGES; AND OF EACH COLLECTIVE BARGAINING UNIT  OF  ANY  PARTICIPATING
 SCHOOL   DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  FIRE
 DISTRICT, FIRE PROTECTION DISTRICT, OR SPECIAL IMPROVEMENT DISTRICT.
   5. THE COUNTY CEO, THE COUNTY  LEGISLATIVE  BODY  AND  A  PANEL  SHALL
 ACCEPT INPUT FROM THE PUBLIC, CIVIC, BUSINESS, LABOR AND COMMUNITY LEAD-
 ERS  ON  ANY PROPOSED PLAN. THE COUNTY CEO SHALL CAUSE TO BE CONDUCTED A
 MINIMUM OF THREE PUBLIC HEARINGS PRIOR TO SUBMISSION OF A PLAN TO A VOTE
 OF A PANEL. ALL SUCH PUBLIC HEARINGS SHALL BE CONDUCTED WITHIN THE COUN-
 TY, AND PUBLIC NOTICE OF ALL SUCH HEARINGS SHALL BE  PROVIDED  AT  LEAST
 ONE  WEEK  PRIOR  IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF SECTION
 ONE HUNDRED FOUR OF THE PUBLIC OFFICERS LAW.   CIVIC,  BUSINESS,  LABOR,
 AND  COMMUNITY  LEADERS,  AS  WELL  AS  MEMBERS  OF THE PUBLIC, SHALL BE
 PERMITTED TO PROVIDE PUBLIC TESTIMONY AT ANY SUCH HEARINGS.
   6. A. THE COUNTY CEO SHALL SUBMIT EACH PLAN, ACCOMPANIED BY A  CERTIF-
 ICATION  AS  TO  THE  ACCURACY  OF THE SAVINGS CONTAINED THEREIN, TO THE
 COUNTY LEGISLATIVE BODY AT LEAST FORTY-FIVE DAYS PRIOR TO A VOTE BY  THE
 PANEL.
   B.  THE  COUNTY  LEGISLATIVE  BODY SHALL REVIEW AND CONSIDER EACH PLAN
 SUBMITTED IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION. A MAJORITY

 S. 7505--C                         20                         A. 9505--D
 
 OF THE MEMBERS OF SUCH BODY MAY ISSUE AN ADVISORY REPORT ON  EACH  PLAN,
 MAKING  RECOMMENDATIONS AS DEEMED NECESSARY. THE COUNTY CEO MAY MODIFY A
 PLAN BASED ON SUCH  RECOMMENDATIONS,  WHICH  SHALL  INCLUDE  AN  UPDATED
 CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS CONTAINED THEREIN.
   7.  A.  A PANEL SHALL DULY CONSIDER ANY PLAN PROPERLY SUBMITTED TO THE
 PANEL BY THE COUNTY CEO AND MAY APPROVE SUCH PLAN BY A MAJORITY VOTE  OF
 THE  PANEL.  EACH  MEMBER  OF A PANEL MAY, PRIOR TO THE PANEL-WIDE VOTE,
 CAUSE TO BE REMOVED FROM A PLAN ANY PROPOSED ACTION AFFECTING  THE  UNIT
 OF  GOVERNMENT  REPRESENTED  BY THE RESPECTIVE MEMBER. WRITTEN NOTICE OF
 SUCH REMOVAL SHALL BE PROVIDED TO THE COUNTY CEO PRIOR TO  A  PANEL-WIDE
 VOTE ON A PLAN.
   B.  PLANS APPROVED BY A PANEL SHALL BE TRANSMITTED TO THE SECRETARY OF
 STATE NO LATER THAN THIRTY DAYS FROM THE DATE OF  APPROVAL  BY  A  PANEL
 ACCOMPANIED  BY A CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS ACCOM-
 PANIED THEREIN, AND SHALL BE PUBLICLY DISSEMINATED TO RESIDENTS  OF  THE
 COUNTY  IN A CONCISE, CLEAR, AND COHERENT MANNER USING WORDS WITH COMMON
 AND EVERYDAY MEANING.
   C. THE COUNTY CEO SHALL CONDUCT A PUBLIC PRESENTATION OF ANY  APPROVED
 PLAN  NO  LATER  THAN  THIRTY DAYS FROM THE DATE OF APPROVAL BY A PANEL.
 PUBLIC NOTICE OF SUCH PRESENTATION SHALL BE PROVIDED AT LEAST  ONE  WEEK
 PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
 FOUR OF THE PUBLIC OFFICERS LAW.
   D.  BEGINNING  IN  TWO THOUSAND TWENTY, BY JANUARY FIFTEENTH FOLLOWING
 ANY CALENDAR YEAR DURING WHICH A PANEL DID NOT APPROVE A PLAN AND TRANS-
 MIT SUCH PLAN TO THE SECRETARY OF STATE PURSUANT TO PARAGRAPH B OF  THIS
 SUBDIVISION,  THE  COUNTY  CEO OF SUCH PANEL SHALL RELEASE TO THE PUBLIC
 AND TRANSMIT TO THE SECRETARY OF STATE A STATEMENT  EXPLAINING  WHY  THE
 PANEL  DID  NOT  APPROVE A PLAN THAT YEAR, INCLUDING, FOR EACH VOTE ON A
 PLAN, THE VOTE TAKEN BY EACH PANEL MEMBER AND  AN  EXPLANATION  BY  EACH
 PANEL MEMBER OF THEIR VOTE.
   8.  FOR  EACH  COUNTY,  NEW  SHARED SERVICES ACTIONS NOT INCLUDED IN A
 PREVIOUSLY APPROVED AND SUBMITTED PLAN PURSUANT TO THIS SECTION OR  PART
 BBB  OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN, MAY BE
 ELIGIBLE FOR FUNDING TO MATCH  SAVINGS  FROM  SUCH  ACTION,  SUBJECT  TO
 AVAILABLE  APPROPRIATION.  SAVINGS  THAT  ARE  ACTUALLY AND DEMONSTRABLY
 REALIZED BY THE PARTICIPATING LOCAL GOVERNMENTS ARE ELIGIBLE FOR  MATCH-
 ING  FUNDING.  FOR ACTIONS THAT ARE PART OF AN APPROVED PLAN TRANSMITTED
 TO THE SECRETARY OF STATE IN ACCORDANCE WITH PARAGRAPH B OF  SUBDIVISION
 SEVEN  OF  THIS  SECTION,  SAVINGS  ACHIEVED  FROM JANUARY FIRST THROUGH
 DECEMBER THIRTY-FIRST FROM NEW ACTIONS IMPLEMENTED ON OR  AFTER  JANUARY
 FIRST THROUGH DECEMBER THIRTY-FIRST OF THE YEAR IMMEDIATELY FOLLOWING AN
 APPROVED AND TRANSMITTED PLAN MAY BE ELIGIBLE FOR MATCHING FUNDING. ONLY
 NET  SAVINGS BETWEEN LOCAL GOVERNMENTS FOR EACH ACTION WOULD BE ELIGIBLE
 FOR MATCHING FUNDING. SAVINGS FROM INTERNAL EFFICIENCIES  OR  ANY  OTHER
 ACTION  TAKEN BY A LOCAL GOVERNMENT WITHOUT THE PARTICIPATION OF ANOTHER
 LOCAL GOVERNMENT ARE NOT ELIGIBLE FOR MATCHING FUNDING. EACH COUNTY  AND
 ALL  OF  THE  LOCAL  GOVERNMENTS  WITHIN THE COUNTY THAT ARE PART OF ANY
 ACTION TO BE IMPLEMENTED AS PART OF AN APPROVED PLAN  MUST  COLLECTIVELY
 APPLY  FOR THE MATCHING FUNDING AND AGREE ON THE DISTRIBUTION AND USE OF
 ANY MATCHING FUNDING IN ORDER TO QUALIFY FOR MATCHING FUNDING.
   9. THE DEPARTMENT OF STATE SHALL PREPARE A REPORT TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE
 COUNTY-WIDE SHARED SERVICES PLANS APPROVED  BY  THE  COUNTY-WIDE  SHARED
 SERVICES  PANELS  CREATED  PURSUANT TO PART BBB OF CHAPTER FIFTY-NINE OF
 THE LAWS OF TWO THOUSAND SEVENTEEN AND THIS ARTICLE AND SHALL  POST  THE
 REPORT  ON THE DEPARTMENT'S WEBSITE. SUCH REPORT SHALL BE PROVIDED ON OR

 S. 7505--C                         21                         A. 9505--D
 
 BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY-TWO AND  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO, THE FOLLOWING:
   A.  A  DETAILED  SUMMARY  OF  PROJECTS  INCLUDED IN COUNTY-WIDE SHARED
 SERVICES PLANS BY CATEGORY, SUCH AS:
   (1) PUBLIC HEALTH AND INSURANCE;
   (2) EMERGENCY SERVICES;
   (3) SEWER, WATER, AND WASTE MANAGEMENT SYSTEMS;
   (4) ENERGY PROCUREMENT AND EFFICIENCY;
   (5) PARKS AND RECREATION;
   (6) EDUCATION AND WORKFORCE TRAINING;
   (7) LAW AND COURTS;
   (8) SHARED EQUIPMENT, PERSONNEL, AND SERVICES;
   (9) JOINT PURCHASING;
   (10) GOVERNMENTAL REORGANIZATION;
   (11) TRANSPORTATION AND HIGHWAY DEPARTMENTS; AND
   (12) RECORDS MANAGEMENT AND ADMINISTRATIVE FUNCTIONS.
   B. FOR EACH OF THE COUNTIES THE FOLLOWING INFORMATION:
   (1) A DETAILED  SUMMARY  OF  EACH  OF  THE  SAVINGS  PLANS,  INCLUDING
 REVISIONS  AND  UPDATES  SUBMITTED EACH YEAR OR THE STATEMENT EXPLAINING
 WHY THE COUNTY DID NOT APPROVE A PLAN IN ANY YEAR;
   (2) THE ANTICIPATED SAVINGS FOR EACH PLAN;
   (3) THE NUMBER OF CITIES, TOWNS AND VILLAGES IN THE COUNTY;
   (4) THE NUMBER OF CITIES, TOWNS AND VILLAGES THAT  PARTICIPATED  IN  A
 PANEL, AS REPORTED IN A PLAN;
   (5)  THE NUMBER OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL
 SERVICES, FIRE DISTRICTS, FIRE PROTECTION DISTRICTS,  OR  OTHER  SPECIAL
 DISTRICTS IN THE COUNTY; AND
   (6)  THE NUMBER OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL
 SERVICES, FIRE DISTRICTS, FIRE PROTECTION DISTRICTS,  OR  OTHER  SPECIAL
 DISTRICTS THAT PARTICIPATED IN A PANEL, AS REPORTED IN A PLAN.
   10.  THE SECRETARY OF STATE MAY SOLICIT, AND THE PANELS MAY PROVIDE AT
 HER OR  HIS  REQUEST,  ADVICE  AND  RECOMMENDATIONS  CONCERNING  MATTERS
 RELATED  TO  THE  OPERATIONS  OF  LOCAL  GOVERNMENTS AND SHARED SERVICES
 INITIATIVES, INCLUDING,  BUT  NOT  LIMITED  TO,  MAKING  RECOMMENDATIONS
 REGARDING  GRANT  PROPOSALS  INCORPORATING  ELEMENTS OF SHARED SERVICES,
 GOVERNMENT DISSOLUTIONS, GOVERNMENT AND SERVICE CONSOLIDATIONS, OR PROP-
 ERTY TAXES AND SUCH OTHER GRANTS WHERE THE SECRETARY DEEMS THE INPUT  OF
 THE  PANELS  TO  BE  IN THE BEST INTEREST OF THE PUBLIC. THE PANEL SHALL
 ADVANCE SUCH ADVICE OR RECOMMENDATIONS BY A VOTE OF THE MAJORITY OF  THE
 MEMBERS PRESENT AT SUCH MEETING.
   11. THE AUTHORITY GRANTED BY THIS ARTICLE TO A COUNTY CEO TO CONVENE A
 PANEL  FOR  THE  PURPOSE  OF  REVISING OR UPDATING A PREVIOUSLY APPROVED
 PLAN, OR DEVELOPING A NEW PLAN, OR TO PROVIDE  THE  SECRETARY  OF  STATE
 INFORMATION  PURSUANT TO SUBDIVISION TEN OF THIS SECTION, SHALL CEASE ON
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   § 2. Section  119-o of the general municipal law is amended by  adding
 a new subdivision 4 to read as follows:
   4.  ANY  SCHOOL  DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 MAY JOIN A PANEL ESTABLISHED PURSUANT TO ARTICLE TWELVE-I OF THIS  CHAP-
 TER, AND MAY FURTHER PARTICIPATE IN ANY OF THE ACTIVITIES OF SUCH PANEL,
 WITH  ANY PARTICIPATING COUNTY, TOWN, CITY, VILLAGE, FIRE DISTRICT, FIRE
 PROTECTION DISTRICT, OR SPECIAL IMPROVEMENT  DISTRICT  PARTICIPATING  IN
 SUCH   PANELS.  FOR  COOPERATIVE  AGREEMENTS  WHICH  INVOLVE  FUNCTIONS,
 SERVICES, OR PROVISIONS PERMITTED BY THIS SECTION, SCHOOL DISTRICTS  AND
 BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE PERMITTED TO CREATE

 S. 7505--C                         22                         A. 9505--D
 
 AND EXECUTE SUCH AGREEMENTS, WHEN A PART OF THE ACTIVITY OF SUCH  PANEL,
 WITHOUT OPINION OR APPROVAL OF THE STATE EDUCATION DEPARTMENT.
   §  3. If any clause, sentence, paragraph, subdivision, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment shall not affect, impair, or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph,  subdivision,  section  or  part  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 4. This act shall take effect immediately.
 
                                  PART FF
 
   Section 1. Subdivision 7 of section 2046-c of the  public  authorities
 law, as added by chapter 632 of the laws of the 1982, is amended to read
 as follows:
   7.  There  shall  be  an  annual independent audit of the accounts and
 business practices of the agency performed by independent outside  audi-
 tors [nominated by the director of the division of the budget]. Any such
 auditor shall serve no more than three consecutive years.
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
                           Intentionally Omitted
 
                                  PART HH
 
                           Intentionally Omitted
 
                                  PART II
 
                           Intentionally Omitted
 
                                  PART JJ
 
   Section  1.  Paragraph  (i)  of subdivision 3 of section 130.05 of the
 penal law, as added by section 2 of part G of chapter 501 of the laws of
 2012, is amended and a new paragraph (j) is added to read as follows:
   (i) a resident  or  inpatient  of  a  residential  facility  operated,
 licensed  or  certified  by  (i)  the  office of mental health; (ii) the
 office for people with developmental disabilities; or (iii)  the  office
 of alcoholism and substance abuse services, and the actor is an employee
 of  the facility not married to such resident or inpatient. For purposes
 of this paragraph, "employee" means either: an employee  of  the  agency
 operating  the residential facility, who knows or reasonably should know
 that such person is a resident or inpatient of  such  facility  and  who
 provides  direct  care  services,  case  management services, medical or
 other clinical services, habilitative services or direct supervision  of
 the residents in the facility in which the resident resides; or an offi-
 cer  or other employee, consultant, contractor or volunteer of the resi-
 dential facility, who knows or reasonably should know that the person is
 a resident of such facility and who is in direct contact with  residents
 or  inpatients; provided, however, that the provisions of this paragraph

 S. 7505--C                         23                         A. 9505--D
 
 shall only apply to a  consultant,  contractor  or  volunteer  providing
 services pursuant to a contractual arrangement with the agency operating
 the  residential  facility  or,  in  the  case of a volunteer, a written
 agreement  with such facility, provided that the person received written
 notice concerning the provisions of this  paragraph;  provided  further,
 however,  "employee"  shall  not  include  a person with a developmental
 disability who is or was receiving services and is also an employee of a
 service provider and who has sexual contact with another service recipi-
 ent who is a consenting adult who has consented to such contact[.]; OR
   (J) DETAINED OR OTHERWISE IN THE CUSTODY OF A  POLICE  OFFICER,  PEACE
 OFFICER,  OR  OTHER  LAW  ENFORCEMENT OFFICIAL AND THE ACTOR IS A POLICE
 OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICIAL WHO EITHER: (I)
 IS DETAINING OR MAINTAINING CUSTODY OF SUCH PERSON; OR  (II)  KNOWS,  OR
 REASONABLY SHOULD KNOW, THAT AT THE TIME OF THE OFFENSE, SUCH PERSON WAS
 DETAINED OR IN CUSTODY.
   §  2.  Subdivision 4 of section 130.10 of the penal law, as amended by
 chapter 205 of the laws of 2011, is amended to read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent is based solely on his or her incapacity to consent  because  he
 or she was less than seventeen years old, mentally disabled, a client or
 patient  and  the actor is a health care provider, DETAINED OR OTHERWISE
 IN CUSTODY OF LAW ENFORCEMENT UNDER THE CIRCUMSTANCES DESCRIBED IN PARA-
 GRAPH (J) OF SUBDIVISION THREE OF SECTION 130.05  OF  THIS  ARTICLE,  or
 committed to the care and custody or supervision of the state department
 of  corrections and community supervision or a hospital and the actor is
 an employee, it shall be a defense that the defendant was married to the
 victim as defined in subdivision four of section 130.00 of this article.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART KK
 
                           Intentionally Omitted
 
                                  PART LL
 
   Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   AN AUTHORIZED AGENCY AS DEFINED BY SUBDIVISION TEN  OF  SECTION  THREE
 HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL SERVICES LAW, OR A LOCAL PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  BY  SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION  OF  RESIDENTIAL FACILITIES LICENSED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES INCLUDING ALL  NECESSARY  AND  USUAL  ATTENDANT  AND
 RELATED FACILITIES AND EQUIPMENT.
   §  2.  Subdivision  1 of section 1680 of the public authorities law is
 amended by adding a new undesignated paragraph to read as follows:
   AN AUTHORIZED AGENCY AS DEFINED BY SUBDIVISION TEN  OF  SECTION  THREE
 HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL SERVICES LAW, OR A LOCAL PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  BY  SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE

 S. 7505--C                         24                         A. 9505--D
 
 PROVISION  OF  RESIDENTIAL FACILITIES LICENSED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES INCLUDING ALL  NECESSARY  AND  USUAL  ATTENDANT  AND
 RELATED FACILITIES AND EQUIPMENT.
   §  3.  Subdivision  2 of section 1680 of the public authorities law is
 amended by adding a new paragraph k to read as follows:
   K. (1) FOR PURPOSES OF THIS SECTION, THE  FOLLOWING  PROVISIONS  SHALL
 APPLY TO THE POWERS IN CONNECTION WITH THE PROVISION OF DETENTION FACIL-
 ITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION  OF  RESIDENTIAL FACILITIES LICENSED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES INCLUDING ALL  NECESSARY  AND  USUAL  ATTENDANT  AND
 RELATED FACILITIES AND EQUIPMENT.
   (2)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ANY ENTITY AS LISTED
 ABOVE SHALL HAVE FULL POWER AND AUTHORITY TO ENTER INTO SUCH  AGREEMENTS
 WITH  THE  DORMITORY  AUTHORITY  AS  ARE  NECESSARY  TO  FINANCE  AND/OR
 CONSTRUCT DETENTION OR RESIDENTIAL FACILITIES DESCRIBED ABOVE, INCLUDING
 WITHOUT LIMITATION, THE PROVISION OF FEES AND AMOUNTS NECESSARY  TO  PAY
 DEBT  SERVICE  ON  ANY OBLIGATIONS ISSUED BY THE DORMITORY AUTHORITY FOR
 SAME, AND TO ASSIGN AND PLEDGE TO THE DORMITORY AUTHORITY, ANY  AND  ALL
 PUBLIC  FUNDS  TO BE APPORTIONED OR OTHERWISE MADE PAYABLE BY THE UNITED
 STATES, ANY AGENCY THEREOF, THE STATE, ANY AGENCY THEREOF,  A  POLITICAL
 SUBDIVISION,  AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL
 LAW, ANY SOCIAL SERVICES DISTRICT IN THE STATE OR ANY OTHER GOVERNMENTAL
 ENTITY IN AN AMOUNT SUFFICIENT TO MAKE ALL PAYMENTS REQUIRED TO BE  MADE
 BY  ANY  SUCH  ENTITY AS LISTED ABOVE PURSUANT TO ANY LEASE, SUBLEASE OR
 OTHER AGREEMENT ENTERED INTO BETWEEN ANY SUCH ENTITY AS LISTED ABOVE AND
 THE DORMITORY AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHOR-
 IZED AND REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED  TO  THE
 DORMITORY  AUTHORITY  OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY,
 TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUED,  PURSUANT
 TO  A  CERTIFICATE  FILED  WITH  ANY  SUCH STATE OR LOCAL OFFICER BY THE
 DORMITORY AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. Paragraphs (b) and (c) of subdivision 3 of section  722  of
 the  county  law, as amended by section 3 of part E of chapter 56 of the
 laws of 2010, are amended to read as follows:
   (b) Any plan of a bar association must receive  the  approval  of  the
 [state  administrator] OFFICE OF INDIGENT LEGAL SERVICES before the plan
 is placed in operation. In the county of Hamilton, representation pursu-
 ant to a plan of a bar association in accordance with  subparagraph  (i)
 of  paragraph (a) of this subdivision may be by counsel furnished by the
 Fulton county bar association pursuant to a plan of  the  Fulton  county
 bar  association, following approval of the [state administrator] OFFICE
 OF INDIGENT LEGAL SERVICES. When considering approval of  an  office  of
 conflict  defender  pursuant  to this section, the [state administrator]
 OFFICE OF INDIGENT LEGAL SERVICES shall employ  the  guidelines  IT  HAS
 HERETOFORE established [by the office of indigent legal services] pursu-
 ant to paragraph (d) of subdivision three of section eight hundred thir-
 ty-two of the executive law.
   (c)  Any county operating an office of conflict defender, as described
 in subparagraph (ii) of paragraph (a) of this subdivision, as  of  March
 thirty-first,  two  thousand  ten  may  continue to utilize the services
 provided by such office provided that the county submits a plan  to  the

 S. 7505--C                         25                         A. 9505--D
 
 state  administrator  within one hundred eighty days after the promulga-
 tion of criteria for the provision of conflict defender services by  the
 office  of  indigent  legal  services.  The authority to operate such an
 office  pursuant  to this paragraph shall expire when the state adminis-
 trator (OR, ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN,  THE  OFFICE
 OF  INDIGENT  LEGAL  SERVICES)  approves  or disapproves such plan. Upon
 approval, the county is authorized to operate such office in  accordance
 with paragraphs (a) and (b) of this subdivision.
   §  2.  Subdivision  3  of  section 722 of the county law is amended by
 adding a new paragraph (d) to read as follows:
   (D) FOR PURPOSES OF THIS SUBDIVISION, ANY PLAN OF  A  BAR  ASSOCIATION
 APPROVED  HEREUNDER  PURSUANT  TO THIS SUBDIVISION, AS PROVIDED PRIOR TO
 APRIL FIRST, TWO THOUSAND NINETEEN, SHALL REMAIN IN EFFECT UNTIL  IT  IS
 SUPERSEDED  BY  A PLAN APPROVED BY THE OFFICE OF INDIGENT LEGAL SERVICES
 OR DISAPPROVED BY SUCH OFFICE.
   § 3. Subdivision 1 of section 722-f of the county  law,  as  added  by
 chapter 761 of the laws of 1966 and as designated by section 4 of part J
 of chapter 62 of the laws of 2003, is amended to read as follows:
   1.  A public defender appointed pursuant to article eighteen-A of this
 chapter, a private legal aid bureau or society designated by a county or
 city pursuant to subdivision two of section seven hundred twenty-two  of
 this  [chapter] ARTICLE, [and] an administrator of a plan of a bar asso-
 ciation appointed pursuant to subdivision three of section seven hundred
 twenty-two of this [chapter] ARTICLE AND AN OFFICE OF CONFLICT  DEFENDER
 ESTABLISHED  PURSUANT  TO  SUCH  SUBDIVISION shall file an annual report
 with the [judicial conference] CHIEF ADMINISTRATOR OF THE COURTS AND THE
 OFFICE OF INDIGENT LEGAL SERVICES. SUCH REPORT SHALL BE  FILED  at  such
 times and in such detail and form as the [judicial conference] OFFICE OF
 INDIGENT LEGAL SERVICES may direct.
   § 4. This act shall take effect on April 1, 2019.
 
                                  PART NN
 
   Section  1. Section 135.60 of the penal law, as amended by chapter 426
 of the laws of 2008, is amended to read as follows:
 § 135.60 Coercion in the [second] THIRD degree.
   A person is guilty of coercion in the [second] THIRD degree when he or
 she compels or induces a person to engage in conduct  which  the  latter
 has a legal right to abstain from engaging in, or to abstain from engag-
 ing  in  conduct  in  which  he  or  she has a legal right to engage, or
 compels or induces a person to join a group,  organization  or  criminal
 enterprise which such latter person has a right to abstain from joining,
 by  means  of instilling in him or her a fear that, if the demand is not
 complied with, the actor or another will:
   1. Cause physical injury to a person; or
   2. Cause damage to property; or
   3. Engage in other conduct constituting a crime; or
   4. Accuse some person of a crime  or  cause  criminal  charges  to  be
 instituted against him or her; or
   5.  Expose  a  secret  or  publicize an asserted fact, whether true or
 false, tending to subject some person to hatred, contempt  or  ridicule;
 or
   6.  Cause  a  strike,  boycott  or other collective labor group action
 injurious to some person's business; except that such a threat shall not
 be deemed coercive when the act or omission compelled is for the benefit
 of the group in whose interest the actor purports to act; or

 S. 7505--C                         26                         A. 9505--D
 
   7. Testify or provide information or withhold testimony or information
 with respect to another's legal claim or defense; or
   8.  Use or abuse his or her position as a public servant by performing
 some act within or related to his or her official duties, or by  failing
 or  refusing  to  perform  an official duty, in such manner as to affect
 some person adversely; or
   9. Perform any other act which would not in itself materially  benefit
 the actor but which is calculated to harm another person materially with
 respect  to his or her health, safety, business, calling, career, finan-
 cial condition, reputation or personal relationships.
   Coercion in the [second] THIRD degree is a class A misdemeanor.
   § 2. The penal law is amended by adding a new section 135.61  to  read
 as follows:
 § 135.61 COERCION IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF COERCION IN THE SECOND DEGREE WHEN HE OR SHE
 COMMITS THE CRIME OF COERCION IN THE THIRD DEGREE AS DEFINED IN  SECTION
 135.60 OF THIS ARTICLE AND THEREBY COMPELS OR INDUCES A PERSON TO ENGAGE
 IN  SEXUAL  INTERCOURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT AS
 SUCH TERMS ARE DEFINED IN SECTION 130 OF THE PENAL LAW.
   COERCION IN THE SECOND DEGREE IS A CLASS E FELONY.
   § 3. Section 135.65 of the penal law, as amended by chapter 426 of the
 laws of 2008, is amended to read as follows:
 § 135.65 Coercion in the first degree.
   A person is guilty of coercion in the first  degree  when  he  or  she
 commits the crime of coercion in the [second] THIRD degree, and when:
   1.  He  or  she  commits such crime by instilling in the victim a fear
 that he or she will cause physical injury to a person or cause damage to
 property; or
   2. He or she thereby compels or induces the victim to:
   (a) Commit or attempt to commit a felony; or
   (b) Cause or attempt to cause physical injury to a person; or
   (c) Violate his or her duty as a public servant.
   Coercion in the first degree is a class D felony.
   § 4. The opening paragraph of subdivision 1 of section 530.11  of  the
 criminal  procedure  law, as amended by chapter 526 of the laws of 2013,
 is amended to read as follows:
   The family court and the criminal courts shall have concurrent  juris-
 diction  over  any  proceeding  concerning  acts  which would constitute
 disorderly conduct, harassment in the first degree,  harassment  in  the
 second  degree,  aggravated  harassment  in  the  second  degree, sexual
 misconduct, forcible touching, sexual abuse in the third degree,  sexual
 abuse  in  the  second degree as set forth in subdivision one of section
 130.60 of the penal law, 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,  strangulation in the first
 degree, strangulation in the  second  degree,  criminal  obstruction  of
 breathing or blood circulation, assault in the second degree, assault in
 the  third  degree,  an  attempted  assault, identity theft in the first
 degree, identity theft in the second degree, identity theft in the third
 degree, grand larceny in the fourth degree, grand larceny in  the  third
 degree  [or],  coercion  in  the  second degree OR COERCION IN THE THIRD
 DEGREE as set forth in subdivisions one, two and three of section 135.60
 of the penal law 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

 S. 7505--C                         27                         A. 9505--D
 
 pursuant to section 30.00 of the penal law, then the family court  shall
 have  exclusive  jurisdiction  over  such  proceeding. Notwithstanding a
 complainant's election to proceed in family court,  the  criminal  court
 shall  not be divested of jurisdiction to hear a family offense proceed-
 ing pursuant to this section. For purposes of this section,  "disorderly
 conduct" includes disorderly conduct not in a public place. For purposes
 of  this section, "members of the same family or household" with respect
 to a proceeding in the criminal courts shall mean the following:
   § 5. The opening paragraph of subdivision 1  of  section  812  of  the
 family  court  act,  as  amended  by chapter 526 of the laws of 2013, is
 amended to read as follows:
   The family court and the criminal courts shall have concurrent  juris-
 diction  over  any  proceeding  concerning  acts  which would constitute
 disorderly conduct, harassment in the first degree,  harassment  in  the
 second  degree,  aggravated  harassment  in  the  second  degree, sexual
 misconduct, forcible touching, sexual abuse in the third degree,  sexual
 abuse  in  the  second degree as set forth in subdivision one of section
 130.60 of the penal law, 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, criminal obstruction of breath-
 ing or blood circulation, strangulation in the second degree, strangula-
 tion  in  the first degree, assault in the second degree, assault in the
 third degree, an attempted assault, identity theft in the first  degree,
 identity theft in the second degree, identity theft in the third degree,
 grand  larceny  in  the fourth degree, grand larceny in the third degree
 [or], coercion in the second degree OR COERCION IN THE THIRD  DEGREE  as
 set  forth  in  subdivisions one, two and three of section 135.60 of the
 penal law 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, then the family court shall have
 exclusive  jurisdiction  over   such   proceeding.   Notwithstanding   a
 complainant's  election  to  proceed in family court, the criminal court
 shall not be divested of jurisdiction to hear a family offense  proceed-
 ing  pursuant  to this section. In any proceeding pursuant to this arti-
 cle, a court shall not deny an order of protection, or dismiss  a  peti-
 tion,  solely  on  the  basis  that  the  acts or events alleged are not
 relatively contemporaneous with the date of the petition, the conclusion
 of the fact-finding or the conclusion of the dispositional hearing.  For
 purposes  of  this  article,  "disorderly  conduct"  includes disorderly
 conduct not in a public place. For purposes of this article, "members of
 the same family or household" shall mean the following:
   § 6. Paragraph (a) of subdivision 1 of section 821 of the family court
 act, as amended by chapter 526 of the laws of 2013, is amended  to  read
 as follows:
   (a)  An  allegation  that  the  respondent  assaulted  or attempted to
 assault his or her spouse, or former  spouse,  parent,  child  or  other
 member of the same family or household or engaged in disorderly conduct,
 harassment,  sexual  misconduct,  forcible touching, sexual abuse in the
 third degree, sexual abuse in the second degree as set forth in subdivi-
 sion one  of  section  130.60  of  the  penal  law,  stalking,  criminal
 mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
 breathing or blood circulation, strangulation,  identity  theft  in  the
 first degree, identity theft in the second degree, identity theft in the
 third  degree,  grand larceny in the fourth degree, grand larceny in the

 S. 7505--C                         28                         A. 9505--D
 
 third degree [or], coercion in the second  degree  OR  COERCION  IN  THE
 THIRD  DEGREE as set forth in subdivisions one, two and three of section
 135.60 of the penal law, toward any such person;
   §  7. Paragraph c of subdivision 5 of section 120.40 of the penal law,
 as added by chapter 635 of the laws of  1999,  is  amended  to  read  as
 follows:
   c. assault in the third degree, as defined in section 120.00; menacing
 in  the  first  degree,  as  defined  in section 120.13; menacing in the
 second degree, as defined in  section  120.14;  coercion  in  the  first
 degree,  as defined in section 135.65; coercion in the second degree, as
 defined in section 135.61; COERCION IN THE THIRD DEGREE, AS  DEFINED  IN
 SECTION  135.60;  aggravated harassment in the second degree, as defined
 in section 240.30; harassment in the first degree, as defined in section
 240.25; menacing in the third degree,  as  defined  in  section  120.15;
 criminal  mischief  in  the  third degree, as defined in section 145.05;
 criminal mischief in the second degree, as defined  in  section  145.10,
 criminal  mischief  in  the  first degree, as defined in section 145.12;
 criminal tampering in the first degree, as defined  in  section  145.20;
 arson  in  the fourth degree, as defined in section 150.05; arson in the
 third degree, as defined in section 150.10;  criminal  contempt  in  the
 first degree, as defined in section 215.51; endangering the welfare of a
 child, as defined in section 260.10; or
   §  8.  Subdivision  2  of section 240.75 of the penal law, as added by
 section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
 read as follows:
   2.  A  "specified  offense"  is  an  offense defined in section 120.00
 (assault in the third degree); section 120.05  (assault  in  the  second
 degree);  section  120.10  (assault in the first degree); section 120.13
 (menacing in the first degree); section 120.14 (menacing in  the  second
 degree);  section  120.15 (menacing in the third degree); section 120.20
 (reckless endangerment in the second degree); section  120.25  (reckless
 endangerment  in  the  first  degree);  section  120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); section 121.11  (criminal  obstruction  of  breathing  or
 blood circulation); section 121.12 (strangulation in the second degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
 duct); section 130.30 (rape in the second degree); section 130.35  (rape
 in  the  first degree); section 130.40 (criminal sexual act in the third
 degree); section 130.45 (criminal sexual  act  in  the  second  degree);
 section 130.50 (criminal sexual act in the first degree); section 130.52
 (forcible  touching);  section 130.53 (persistent sexual abuse); section
 130.55 (sexual abuse in the third degree); section 130.60 (sexual  abuse
 in  the  second  degree);  section  130.65  (sexual  abuse  in the first
 degree); section 130.66 (aggravated sexual abuse in the  third  degree);
 section  130.67  (aggravated sexual abuse in the second degree); section
 130.70 (aggravated sexual abuse in the  first  degree);  section  130.91
 (sexually  motivated felony); section 130.95 (predatory sexual assault);
 section 130.96 (predatory  sexual  assault  against  a  child);  section
 135.05  (unlawful  imprisonment  in  the  second degree); section 135.10
 (unlawful imprisonment in the first degree); section 135.60 (coercion in
 the [second] THIRD degree);  SECTION  135.61  (COERCION  IN  THE  SECOND
 DEGREE);  section  135.65 (coercion in the first degree); section 140.20

 S. 7505--C                         29                         A. 9505--D
 
 (burglary in the third degree); section 140.25 (burglary in  the  second
 degree);  section  140.30 (burglary in the first degree); section 145.00
 (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
 mischief  in the third degree); section 145.10 (criminal mischief in the
 second degree); section 145.12 (criminal mischief in the first  degree);
 section  145.14 (criminal tampering in the third degree); section 215.50
 (criminal contempt in  the  second  degree);  section  215.51  (criminal
 contempt  in  the  first  degree);  section  215.52 (aggravated criminal
 contempt); section 240.25 (harassment in the first degree);  subdivision
 one,  two or four of section 240.30 (aggravated harassment in the second
 degree); aggravated family offense as defined in  this  section  or  any
 attempt  or conspiracy to commit any of the foregoing offenses where the
 defendant and the person against whom the  offense  was  committed  were
 members of the same family or household as defined in subdivision one of
 section 530.11 of the criminal procedure law.
   §  9.  Subdivision 3 of section 485.05 of the penal law, as amended by
 chapter 405 of the laws of 2010, is amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); subdivision one of section  130.35  (rape  in  the  first
 degree);  subdivision  one of section 130.50 (criminal sexual act in the
 first degree); subdivision one of section 130.65 (sexual  abuse  in  the
 first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
 (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
 vision  one  of  section  130.70  (aggravated  sexual abuse in the first
 degree); section 135.05 (unlawful imprisonment in  the  second  degree);
 section  135.10  (unlawful  imprisonment  in  the first degree); section
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in  the [second] THIRD
 degree); SECTION 135.61 (COERCION IN THE SECOND DEGREE); section  135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third  degree); section 140.15 (criminal trespass in the second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in

 S. 7505--C                         30                         A. 9505--D
 
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of section 240.30 (aggravated harassment in the second degree); or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 10. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.
 
                                  PART OO
 
   Section 1. Commission established. (a) A commission to be known as the
 New  York state 2020 complete count commission, hereafter referred to as
 the commission, is hereby established to identify issues that  may  have
 led  to  past  United States census undercounts in New York state and to
 make recommendations to ensure an accurate  count  in  the  2020  United
 States census.
   (b) The commission shall consist of sixteen members to be appointed as
 follows:
   (i) four members, including the chair and co-chair, shall be appointed
 by  the  governor  from  executive  agencies and organizations that have
 significant interaction with the general public;
   (ii) two members shall be appointed by the governor from  agencies  of
 the  city of New York that have significant interaction with the general
 public;
   (iii) two members shall be  appointed  by  the  governor  representing
 interests of regions outside of the city of New York;
   (iv) three members shall be appointed by the speaker of the assembly;
   (v) one member shall be appointed by the minority leader of the assem-
 bly;
   (vi)  three  members  shall be appointed by the temporary president of
 the senate; and
   (vii) one member appointed by the minority leader of the senate.
   (c) The appointments made pursuant to this act shall,  to  the  extent
 practicable,  reflect  the diversity of the residents of this state with
 regard to race, ethnicity, gender, language, age, and  geographic  resi-
 dence  and,  to the extent practicable the appointing authorities shall,
 in considering potential appointees  to  the  commission,  consult  with
 organizations  devoted  to  representing  municipalities and educational
 institutions, and organizations providing services to the elderly, chil-
 dren, minority communities, and individuals and  communities  to  combat
 poverty.
   (d)  The  members  of the commission shall receive no compensation for
 their services as members.
   (e) Notwithstanding any inconsistent provision of any general, special
 or local law, ordinance, resolution or charter, no  officer,  member  or
 employee  of the state or of any public corporation shall forfeit his or
 her office or employment by reason of his or her acceptance of  appoint-
 ment as a member of the commission, nor shall service as such commission
 member be deemed incompatible or in conflict with such office or employ-
 ment.
   (f) The commission may appoint such staff as may be necessary to carry
 out  its  duties.  Such  staff  shall  receive no compensation for their
 services.
   § 2. Powers and duties of the commission.  (a)  The  commission  shall
 study,  examine  and  review the issues that may have led to past United

 S. 7505--C                         31                         A. 9505--D
 
 States census undercounts in New York state and shall  make  recommenda-
 tions to ensure an accurate count in the 2020 United States census.
   (b) The commission may meet and hold public hearings and events within
 the state.
   (c) The commission may establish committees and workgroups in further-
 ance  of  the  purposes  set  forth in this act, and may include on such
 committees and workgroups individuals who are not members of the commis-
 sion.
   (d) The commission may request and may receive from  any  subdivision,
 department,  board, commission, office, agency, or other instrumentality
 of the state or of any political subdivision  thereof  such  facilities,
 assistance and data reasonably available as it deems necessary or desir-
 able for the proper execution of its powers and duties and to effectuate
 the purposes set forth in this act.
   (e)  The  commission  is  authorized  and  empowered to enter into any
 agreements and to do and perform any acts that may be necessary, desira-
 ble or proper to carry out the purposes  and  objectives  of  this  act,
 including  entering  into  contracts in furtherance of the provisions of
 this act.
   (f) On or before January 10, 2019, the commission  shall  transmit  to
 the  governor and the legislature a report containing an overview of the
 issues that may have led to past United States census undercounts in New
 York state and a comprehensive action plan for state and  local  govern-
 mental and non-governmental agencies to work together to ensure an accu-
 rate  count  in  the  2020  United States census. Such report shall also
 include recommendations on state funds for  the  2019-2020  fiscal  year
 necessary to ensure an accurate count in the 2020 United States census.
   (g)  On  or  before January 10, 2020, the commission shall transmit to
 the governor and the Legislature a report detailing the actions taken by
 the commission since the initial report, and detail  how  any  appropri-
 ations  made  for  the  2019-2020  fiscal  year will be used to meet the
 recommendations and action plan made in the commission's initial report,
 and include any recommended changes to its previous  recommendations  on
 state  funds  necessary  to  ensure an accurate count in the 2020 United
 States census.
   (h) The commission shall continue  in  existence  until  December  31,
 2020.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through OO of this act shall be
 as specifically set forth in the last section of such Parts.