EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12670-02-8
S. 7505--A 2 A. 9505--A
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
S. 7505--A 3 A. 9505--A
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
S. 7505--A 4 A. 9505--A
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
S. 7505--A 5 A. 9505--A
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.]
S. 7505--A 6 A. 9505--A
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-
S. 7505--A 7 A. 9505--A
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
S. 7505--A 8 A. 9505--A
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
S. 7505--A 11 A. 9505--A
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.]:
S. 7505--A 12 A. 9505--A
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
S. 7505--A 24 A. 9505--A
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
S. 7505--A 25 A. 9505--A
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
S. 7505--A 26 A. 9505--A
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.
S. 7505--A 37 A. 9505--A
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.
S. 7505--A 38 A. 9505--A
§ 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
S. 7505--A 39 A. 9505--A
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
S. 7505--A 40 A. 9505--A
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.
S. 7505--A 42 A. 9505--A
§ 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
S. 7505--A 43 A. 9505--A
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
S. 7505--A 44 A. 9505--A
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
S. 7505--A 45 A. 9505--A
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
S. 7505--A 46 A. 9505--A
(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
S. 7505--A 47 A. 9505--A
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
S. 7505--A 48 A. 9505--A
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.
S. 7505--A 49 A. 9505--A
§ 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
S. 7505--A 50 A. 9505--A
(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
S. 7505--A 51 A. 9505--A
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,
S. 7505--A 52 A. 9505--A
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
S. 7505--A 53 A. 9505--A
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
S. 7505--A 54 A. 9505--A
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
S. 7505--A 55 A. 9505--A
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-
S. 7505--A 56 A. 9505--A
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-
S. 7505--A 61 A. 9505--A
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
S. 7505--A 62 A. 9505--A
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
S. 7505--A 63 A. 9505--A
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
S. 7505--A 64 A. 9505--A
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
S. 7505--A 74 A. 9505--A
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-
S. 7505--A 76 A. 9505--A
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.
S. 7505--A 80 A. 9505--A
§ 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
S. 7505--A 81 A. 9505--A
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
S. 7505--A 82 A. 9505--A
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.
S. 7505--A 83 A. 9505--A
§ 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
S. 7505--A 84 A. 9505--A
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
S. 7505--A 85 A. 9505--A
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
S. 7505--A 86 A. 9505--A
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-
S. 7505--A 94 A. 9505--A
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
S. 7505--A 95 A. 9505--A
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
S. 7505--A 96 A. 9505--A
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).
S. 7505--A 115 A. 9505--A
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
S. 7505--A 116 A. 9505--A
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).
S. 7505--A 117 A. 9505--A
§ 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
S. 7505--A 118 A. 9505--A
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
S. 7505--A 119 A. 9505--A
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
S. 7505--A 123 A. 9505--A
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
S. 7505--A 124 A. 9505--A
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
S. 7505--A 125 A. 9505--A
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
S. 7505--A 126 A. 9505--A
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.
S. 7505--A 127 A. 9505--A
§ 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
S. 7505--A 128 A. 9505--A
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
S. 7505--A 129 A. 9505--A
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
S. 7505--A 130 A. 9505--A
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.
S. 7505--A 131 A. 9505--A
§ 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
S. 7505--A 133 A. 9505--A
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-
S. 7505--A 134 A. 9505--A
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
S. 7505--A 135 A. 9505--A
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding 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.
S. 7505--A 136 A. 9505--A
§ 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-
S. 7505--A 137 A. 9505--A
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
S. 7505--A 138 A. 9505--A
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.
S. 7505--A 139 A. 9505--A
§ 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
S. 7505--A 140 A. 9505--A
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
S. 7505--A 142 A. 9505--A
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
S. 7505--A 143 A. 9505--A
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-
S. 7505--A 144 A. 9505--A
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
S. 7505--A 145 A. 9505--A
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-
S. 7505--A 146 A. 9505--A
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
S. 7505--A 147 A. 9505--A
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
S. 7505--A 148 A. 9505--A
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.