EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12670-02-0
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sion of parole into the department of corrections and community super-
vision, in relation to the effectiveness thereof; to amend chapter 907
of the laws of 1984, amending the correction law, the New York city
criminal court act and the executive law relating to prison and jail
housing and alternatives to detention and incarceration programs, in
relation to extending the expiration of certain provisions of such
chapter; to amend chapter 166 of the laws of 1991, amending the tax
law and other laws relating to taxes, in relation to extending the
expiration of certain provisions of such chapter; to amend the vehicle
and traffic law, in relation to extending the expiration of the manda-
tory surcharge and victim assistance fee; to amend chapter 713 of the
laws of 1988, amending the vehicle and traffic law relating to the
ignition interlock device program, in relation to extending the expi-
ration thereof; to amend chapter 435 of the laws of 1997, amending the
military law and other laws relating to various provisions, in
relation to extending the expiration date of the merit provisions of
the correction law and the penal law of such chapter; to amend chapter
412 of the laws of 1999, amending the civil practice law and rules and
the court of claims act relating to prisoner litigation reform, in
relation to extending the expiration of the inmate filing fee
provisions of the civil practice law and rules and general filing fee
provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001, amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018 amending the criminal procedure law relating to pre-criminal
proceeding settlements in the city of New York, in relation to the
effectiveness thereof (Part A); to amend the correction law, in
relation to expanding the definition of internet identifiers and
establishing criminal personation by a sex offender (Part B); to amend
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the penal law, in relation to prohibiting the use of the intoxication
of a victim as defense to a criminal charge for sex crimes (Part C);
to amend section 7 of part Y of chapter 57 of the laws of 2018, amend-
ing the education law relating to persons practicing in certain
licensed programs or services who are exempt from practice require-
ments of professionals licensed by the department of education, in
relation to adding the division of criminal justice services to the
list of agencies not required to receive a waiver for entities provid-
ing certain professional services (Part D); to amend the state finance
law, in relation to establishing the district attorney discovery
compensation fund; and to amend the criminal procedure law, in
relation to monies recovered by county district attorneys before the
filing of an accusatory instrument (Part E); in relation to the
closure of correctional facility; and providing for the repeal of such
provisions upon expiration thereof (Part F); to amend the correction
law and the executive law, in relation to moving adolescent offenders
to the office of children and family services; to repeal paragraph
(a-1) of subdivision 4 of section 70.20 of the penal law and section
77 of the correction law relating thereto; to repeal paragraphs (a)
through (e) of section 508 of the executive law relating to a techni-
cal correction; and providing for the repeal of certain provisions
upon expiration thereof (Part G); to amend the state finance law, in
relation to directing the correctional industries program to provide
services in certain situations (Part H); to amend the tax law, in
relation to suspending the transfer of monies into the emergency
services revolving loan fund from the public safety communications
account (Part I); to amend the executive law, in relation to the age
of appointment for sworn members of the New York state police; and
providing for the repeal of such provisions upon expiration thereof
(Part J); to amend the penal law, in relation to the possession and
sale of firearm, rifle, and shotgun components (Part K); to amend the
executive law, in relation to administrative subpoenas (Part L); to
amend the criminal procedure law, in relation to establishing the safe
homes and families act (Part M); to amend the penal law, in relation
to firearm licenses (Part N); to amend the executive law, in relation
to the reporting of firearms (Part O); to amend the mental hygiene
law, in relation to sharing information from mental health profes-
sionals with other states (Part P); to amend the penal law, in
relation to establishing the crime of domestic violence (Part Q); to
amend the penal law and the criminal procedure law, in relation to
enacting the "New York Hate Crime Anti-Terrorism Act" (Part R); to
amend the civil service law, in relation to reimbursement for medicare
premium charges (Part S); to amend the civil practice law and rules
and the state finance law, in relation to the rate of interest to be
paid on judgement and accrued claims (Part T); to amend the civil
service law, in relation to capping the standard medicare premium
charge (Part U); to amend the civil service law, in relation to the
state's contribution to the cost of health insurance premiums for
future retirees of the state and their dependents (Part V); to amend
the civil service law, in relation to continuing to protect and
strengthen unions (Part W); to amend the state technology law and the
state finance law, in relation to authorizing comprehensive technology
service contracts (Part X); to amend the state finance law and the
state technology law, in relation to defining the term technology to
include computer information, electronic information, interconnected
systems and related material thereto (Part Y); to amend section 1 of
S. 7505--A 4 A. 9505--A
part S of chapter 56 of the laws of 2010, relating to establishing a
joint appointing authority for the state financial system project, in
relation to statewide financial system procurements (Part Z); to amend
the public buildings law, in relation to the leasing of real property
(Part AA); to amend the state finance law, in relation to sexual
harassment disclosure with respect to state contracts (Part BB); to
amend the alcoholic beverage control law, in relation to creating a
higher education institution license (Part CC); to amend the alcoholic
beverage control law, in relation to allowing food that is typically
found in a motion picture theatre to be deemed in compliance with food
requirements to serve alcoholic beverages (Part DD); to amend the
alcoholic beverage control law, in relation to tied house restrictions
(Part EE); to amend the alcoholic beverage control law, in relation to
establishing the hours during which alcoholic beverages may be sold in
certain international airport property (Part FF); to amend the work-
ers' compensation law, in relation to diversifying the New York state
insurance fund's investment authority (Part GG); to amend the workers'
compensation law, in relation to combatting the New York state insur-
ance fund's surprise premium increases (Part HH); to amend the work-
ers' compensation law, in relation to allowing the New York state
insurance fund to enter into agreement with private insurance provid-
ers to cover out-of-state work (Part II); to amend the election law,
in relation to triggering automatic manual recounts in elections that
finish with a small margin of victory (Part JJ); to amend the state
finance law, in relation to video lottery terminal aid (Part KK); to
amend the general municipal law, in relation to enhancing flexibility
within the county-wide shared services initiative (Part LL); to amend
the local finance law, in relation to the voting requirements for the
financial restructuring board for local governments (Part MM); to
amend the tax law and the public authorities law, in relation to AIM-
related sales tax payments in the counties of Nassau and Erie (Part
NN); to amend the county law, the correction law and the judiciary
law, in relation to authorizing shared county jails (Part OO); to
amend the domestic relations law, in relation to consideration of the
effects of domestic violence and other acts on future financial
circumstances to determine equitable distribution of marital property
(Part PP); to amend the public authorities law, in relation to ensur-
ing pay equity at state and local public authorities (Part QQ); to
amend the family court act and the criminal procedure law, in relation
to orders of protection (Part RR); to amend the election law, in
relation to banning campaign contributions from foreign corporations
(Part SS); to amend the public officers law and the election law, in
relation to requiring the disclosure of tax returns for certain
elected officials and appointed employees (Part TT); to amend the
executive law and the tax law, in relation to disclosure requirements
for certain nonprofits (Part UU); to provide for the administration of
certain funds and accounts related to the 2020-2021 budget, authoriz-
ing certain payments and transfers; to amend the state finance law, in
relation to the administration of certain funds and accounts; to amend
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, in relation to the issuance of certain bonds or
notes; to amend 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, in relation to the issuance of certain bonds
or notes; to amend the public authorities law, in relation to the
S. 7505--A 5 A. 9505--A
issuance of certain bonds or notes; to amend 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, in
relation to the issuance of certain bonds or notes; to amend the New
York state medical care facilities finance agency act, in relation to
the issuance of certain bonds or notes; to amend the New York state
urban development corporation act, in relation to the issuance of
certain bonds or 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 certain bonds or notes; to amend the public author-
ities law, in relation to the issuance of certain bonds or notes; to
amend the New York state urban development corporation act, in
relation to the issuance of certain bonds or notes; to amend the
private housing finance law, in relation to housing program bonds and
notes; to amend the state finance law, in relation to payments of
bonds; to amend the civil practice law and rules, in relation to an
action related to a bond; and providing for the repeal of certain
provisions upon expiration thereof (Part VV); and to amend part E of
chapter 60 of the laws of 2015, establishing a commission on legisla-
tive, judicial and executive compensation, and providing for the
powers and duties of the commission and for the dissolution of the
commission, in relation to the powers of the members of the commission
(Part WW)
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 2020-2021
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through WW. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part O of chapter 55 of the laws of 2019, is
amended to read as follows:
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2020] 2022.
§ 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part O of chapter 55 of the laws of 2019, is amended to
read as follows:
S. 7505--A 6 A. 9505--A
§ 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2020] 2022, when it
shall expire and be deemed repealed.
§ 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part O of chapter 55 of the laws of 2019, is amended to
read as follows:
§ 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2020] 2022.
§ 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part O of chapter 55 of the laws of 2019, is amended to
read as follows:
§ 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2020] 2022 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of corrections and community supervision
shall report each January first and July first during such time as the
earned eligibility program is in effect, to the chairmen of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the standards in effect for earned eligibility during the prior
six-month period, the number of inmates subject to the provisions of
earned eligibility, the number who actually received certificates of
earned eligibility during that period of time, the number of inmates
with certificates who are granted parole upon their first consideration
for parole, the number with certificates who are denied parole upon
their first consideration, and the number of individuals granted and
denied parole who did not have earned eligibility certificates.
§ 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part O of chapter 55 of the laws
of 2019, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2020] 2022 and be applicable
to all persons entering the program on or before August 31, [2020] 2022.
§ 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part O of chapter 55 of
the laws of 2019, is amended to read as follows:
§ 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2020] 2022, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
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§ 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994, enacting the
state operations budget, as amended by section 7 of part O of chapter 55
of the laws of 2019, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2020] 2022; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
§ 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 8 of part O of chapter 55 of the laws of
2019, is amended to read as follows:
h. Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended by section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as amended by section fifty-six of this act, and section fifty-seven of
this act shall expire September 1, [2020] 2022, when upon such date the
amendments to the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be read as if the
provisions of this act had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four of this act shall be
deemed to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April 1, 1996 and upon such date the
provisions of subsection (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall revert to
and be read as set out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
§ 9. Subdivision (c) of section 49 of subpart A of part C of chapter
62 of the laws of 2011, amending the correction law and the executive
law relating to merging the department of correctional services and
division of parole into the department of corrections and community
supervision, as amended by section 9 of part O of chapter 55 of the laws
of 2019, is amended to read as follows:
(c) that the amendments to subdivision 9 of section 201 of the
correction law as added by section thirty-two of this act shall remain
in effect until September 1, [2020] 2022, when it shall expire and be
deemed repealed;
§ 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part O of chapter 55 of
the laws of 2019, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2020] 2022;
§ 11. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part O of chap-
ter 55 of the laws of 2019, is amended to read as follows:
§ 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2020] 2022 on which date those
provisions shall be deemed to be repealed.
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§ 12. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 12 of part O of chapter 55 of the laws of 2019, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2020] 2022, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2020] 2022 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
S. 7505--A 9 A. 9505--A
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part O of chapter 55 of the laws of 2019, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [twenty] TWENTY-TWO.
§ 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 14 of part O of chapter 55 of the laws of 2019, is
amended to read as follows:
§ 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2020] 2022 when upon such date the provisions of this act shall be
deemed repealed.
§ 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part O of chapter 55 of the
laws of 2019, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2020] 2022;
§ 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part O of chap-
ter 55 of the laws of 2019, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2020]
2022, when upon such date it shall expire.
§ 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 17 of part O of chapter 55 of the
laws of 2019, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2020]
2022.
§ 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 18 of part O of chapter 55 of the laws of 2019, is amended to
read as follows:
§ 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
S. 7505--A 10 A. 9505--A
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2020] 2022, when upon such
date the provisions of this act shall be deemed repealed.
§ 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part O of chapter 55 of the laws of 2019, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2020] 2022;
§ 20. Section 2 of chapter 689 of the laws of 1993, amending the crim-
inal procedure law relating to electronic court appearance in certain
counties, as amended by section 20 of part O of chapter 55 of the laws
of 2019, is amended to read as follows:
§ 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2020] 2022 when upon such date the provisions of this act
shall be deemed repealed.
§ 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part O of chapter 55 of the
laws of 2019, is amended to read as follows:
§ 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2020] 2022, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
§ 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part O of chapter
55 of the laws of 2019, is amended to read as follows:
S. 7505--A 11 A. 9505--A
§ 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2020] 2022.
§ 23. Section 3 of part C of chapter 152 of the laws of 2001, amending
the military law relating to military funds of the organized militia, as
amended by section 23 of part O of chapter 55 of the laws of 2019, is
amended to read as follows:
§ 3. This act shall take effect immediately; 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,
[2020] 2022.
§ 24. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 24 of part O of
chapter 55 of the laws of 2019, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2020] 2022, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
§ 25. Section 2 of part F of chapter 55 of the laws of 2018, amending
the criminal procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, as amended by section 25 of part O of
chapter 55 of the laws of 2019, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2020] 2022, when it shall expire and
be deemed repealed.
§ 26. This act shall take effect immediately, provided however that
section twenty-five of this act shall be deemed to have been in full
force and effect on and after March 31, 2020.
PART B
Section 1. Subdivision 16 of section 168-a of the correction law, as
added by chapter 67 of the laws of 2008, is amended to read as follows:
16. "Authorized internet entity" means any business, organization or
other entity providing or offering a service over the internet which
permits persons [under eighteen years of age] to access, meet, congre-
gate or communicate with other users for the purpose of social network-
ing. This definition shall not include general e-mail services.
Section 2. Subdivision 18 of section 168-a of the correction law, as
added by chapter 67 of the laws of 2008, is amended to read as follows:
18. "Internet identifiers" means [electronic mail addresses and desig-
nations used for the purposes of chat, instant messaging, social
networking or other similar internet communication] (A) PERSON-SPECIFIC
DESIGNATIONS, INCLUDING BUT NOT LIMITED TO ELECTRONIC MAIL ADDRESSES,
PHONE NUMBERS, ACCOUNT NAMES, USER NAMES, SCREEN NAMES AND GAMING TAGS,
AS WELL AS ALIASES USED FOR THE PURPOSES OF CHATTING, MESSAGING, GAMING,
DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR
S. 7505--A 12 A. 9505--A
OTHER INTERNET COMMUNICATION OR CONTACT AND (B) THE NAME OR NAMES OF
INTERNET APPLICATIONS, OR OTHER DOWNLOADABLE APPLICATIONS INTENDED FOR
USE ON A MOBILE DEVICE, SITES, PLATFORMS OR OTHER SOFTWARE WHERE SUCH
PERSON-SPECIFIC DESIGNATIONS OR ALIASES ARE USED TO ENGAGE IN CHAT,
MESSAGING, GAMING, DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING,
INFORMATION SHARING, OR OTHER INTERNET COMMUNICATION OR CONTACT.
§ 3. Subdivision 10 of section 168-b of the correction law, as added
by chapter 67 of the laws of 2008, is amended to read as follows:
10. The division shall, upon the request of any authorized internet
entity, release to such entity internet identifiers that would enable
such entity to prescreen or remove sex offenders from its services or,
in conformity with state and federal law, advise law enforcement and/or
other governmental entities of potential violations of law and/or
threats to public safety. Before releasing any information the division
shall require an authorized internet entity that requests information
from the registry to submit to the division the name, address and tele-
phone number of such entity and the specific legal nature and corporate
status of such entity. Except for the purposes specified in this subdi-
vision, an authorized internet entity shall not publish or in any way
disclose or redisclose any information provided to it by the division
pursuant to this subdivision. AN AUTHORIZED INTERNET ENTITY OR INTERNET
ACCESS PROVIDER SHALL REVIEW THE INFORMATION PROVIDED BY THE DIVISION
PURSUANT TO THIS SECTION. SUCH AUTHORIZED INTERNET ENTITY OR INTERNET
ACCESS PROVIDER SHALL DEVELOP POLICIES REGARDING THE USE OF SUCH INFOR-
MATION AND PUBLICLY RELEASE SUCH POLICIES TO ITS USERS, IN ACCORDANCE
WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION PURSUANT TO THIS
SUBDIVISION. The division may charge an authorized internet entity a fee
for access to registered internet identifiers requested by such entity
pursuant to this subdivision. The division shall promulgate rules and
regulations relating to procedures for the release of information in the
registry, including but not limited to, the disclosure and redisclosure
of such information, and the imposition of any fees, AND RULES AND REGU-
LATIONS RELATING TO CRITERIA REQUIRED FOR THE POLICIES TO BE DEVELOPED
BY AUTHORIZED INTERNET ENTITIES AND INTERNET ACCESS PROVIDERS.
§ 4. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
§ 168-W. CRIMINAL PERSONATION BY A SEX OFFENDER. 1. A PERSON IS GUILTY
OF CRIMINAL PERSONATION BY A SEX OFFENDER WHEN, BEING REQUIRED TO REGIS-
TER OR VERIFY UNDER THE PROVISIONS OF THIS ARTICLE, HE OR SHE, FOR THE
PURPOSE OF ENGAGING IN CHAT, MESSAGING, GAMING, DATING, NETWORKING,
SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR OTHER INTERNET
COMMUNICATION OR CONTACT, KNOWINGLY MISREPRESENTS HIS OR HER ACTUAL
NAME, GENDER, DATE OF BIRTH, ADDRESS, OR STATUS AS A SEX OFFENDER TO
ANOTHER PERSON, WITH THE INTENT TO DEFRAUD, DECEIVE OR INJURE SUCH
PERSON OR ANOTHER PERSON.
2. ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO THE
PROVISIONS OF THIS ARTICLE WHO COMMITS THE CRIME OF CRIMINAL PERSONATION
BY A SEX OFFENDER AS DEFINED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
GUILTY OF A CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND
UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A
CLASS D FELONY. THE COMMISSION OF SUCH OFFENSE SHALL ALSO BE THE BASIS
FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF
THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO
ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
§ 5. This act shall take effect immediately.
S. 7505--A 13 A. 9505--A
PART C
Section 1. Subdivision 6 of section 130.00 of the penal law is amended
to read as follows:
6. "Mentally incapacitated" means that a person is rendered temporar-
ily incapable of appraising or controlling his OR HER conduct owing to
the influence of a narcotic or intoxicating substance administered to
him OR HER without his OR HER consent, or to any other act committed
upon him OR HER without his OR HER consent.
§ 2. Paragraph (d) of subdivision 2 of section 130.05 of the penal
law, as amended by chapter 40 of the laws of 2004, is amended and a new
paragraph (e) is added to read as follows:
(d) Where the offense charged is SEXUAL MISCONDUCT AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree as
defined in subdivision three of section 130.25, or criminal sexual act
in the third degree as defined in subdivision three of section 130.40,
in addition to forcible compulsion, circumstances under which, at the
time of the act of intercourse, oral sexual conduct or anal sexual
conduct, the victim clearly expressed that he or she did not consent to
engage in such act, and a reasonable person in the actor's situation
would have understood such person's words and acts as an expression of
lack of consent to such act under all the circumstances[.]; OR
(E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT
IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40,
IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE
TIME OF THE ACT OF INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL
CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG, INTOXICANT, OR
OTHER SUBSTANCE TO A DEGREE WHICH RENDERS THAT PERSON UNABLE TO GIVE
KNOWING AND VOLUNTARY CONSENT AND THAT CONDITION IS KNOWN OR REASONABLY
SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION.
§ 3. Subdivision 4 of section 130.35 of the penal law, as added by
chapter 1 of the laws of 2000, is amended and a new subdivision 5 is
added to read as follows:
4. Who is less than thirteen years old and the actor is eighteen years
old or more[.]; OR
5. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY INCAPACI-
TATED AS DEFINED IN SUBDIVISION SIX OF SECTION 130.00 OF THIS ARTICLE
AND SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR, AND
THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION.
§ 4. Subdivision 4 of section 130.50 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended and a new subdivision 5 is
added to read as follows:
4. Who is less than thirteen years old and the actor is eighteen years
old or more[.]; OR
5. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY INCAPACI-
TATED AS DEFINED IN SUBDIVISION SIX OF SECTION 130.00 OF THIS ARTICLE
AND SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR, AND
THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART D
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Section 1. Section 7 of part Y of chapter 57 of the laws of 2018,
amending the education law relating to persons practicing in certain
licensed programs or services who are exempt from practice requirements
of professionals licensed by the department of education, is amended to
read as follows:
§ 7. Programs and services operated, regulated, funded, or approved by
the department of mental hygiene, the office of children and family
services, the department of corrections and community supervision, the
office of temporary and disability assistance, the state office for the
aging [and], the department of health, AND THE DIVISION OF CRIMINAL
JUSTICE SERVICES or a local governmental unit as the term is defined in
section 41.03 of the mental hygiene law or a social services district as
defined in section 61 of the social services law shall not be required
to receive a waiver pursuant to section 6503-a of the education law and,
further, such programs and services shall also be considered to be
approved settings for the receipt of supervised experience for the
professions governed by articles 153, 154 and 163 of the education law.
§ 2. This act shall take effect immediately.
PART E
Section 1. The state finance law is amended by adding a new section
99-hh to read as follows:
§ 99-HH. DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE DISTRICT
ATTORNEY DISCOVERY COMPENSATION FUND.
2. (A) SUCH FUND SHALL CONSIST OF TWO MILLION DOLLARS UPON IMMEDIATE
TRANSFER FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED
DEFERRED PROSECUTION AGREEMENTS CURRENTLY HELD ON DEPOSIT WITH THE
OFFICE OF THE MANHATTAN DISTRICT ATTORNEY.
(B) THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL ANNUALLY REMIT
TWO MILLION DOLLARS OF FUTURE STATE SANCTIONED DEFERRED PROSECUTION
AGREEMENT FUNDS WHICH HAVE BEEN SECURED BY JANUARY FIRST OF THE SUBSE-
QUENT YEAR. IF TWO MILLION DOLLARS IN FUTURE FUNDING HAS NOT BEEN
SECURED, THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL TRANSFER
TWO MILLION DOLLARS FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE
SANCTIONED DEFERRED PROSECUTION AGREEMENTS CURRENTLY HELD ON DEPOSIT
WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY BY JANUARY FIRST.
3. MONIES OF THE DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND,
FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIREC-
TOR OF THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL ASSISTANCE SERVICES
AND EXPENSES RELATED TO DIGITAL EVIDENCE TRANSMISSION TECHNOLOGY.
§ 2. Section 95.00 of the criminal procedure law, as added by section
1 of part F of chapter 55 of the laws of 2018, is amended to read as
follows:
§ 95.00 Pre-criminal proceeding settlement.
When a county district attorney of a county located in a city of one
million or more recovers monies before the filing of an accusatory
instrument as defined in subdivision one of section 1.20 of this chap-
ter, after injured parties have been appropriately compensated, the
district attorney's office shall retain a percentage of the remaining
such monies in recognition that such monies were recovered as a result
of investigations undertaken by such office. For each recovery the total
amount of such monies to be retained by the county district attorney's
office shall equal ten percent of the first twenty-five million dollars
S. 7505--A 15 A. 9505--A
received by such office, plus seven and one-half percent of such monies
received by such office in excess of twenty-five million dollars but
less than fifty million dollars, plus five percent of any such monies
received by such office in excess of fifty million dollars but less than
one hundred million dollars, plus one percent of such monies received by
such office in excess of one hundred million dollars. The remainder of
such monies shall be paid by the district attorney's office to the state
and to the county in equal amounts within thirty days of receipt, where
disposition of such monies is not otherwise prescribed by law. Monies
distributed to a county district attorney's office pursuant to this
section shall be used to enhance law enforcement efforts within the
state of New York. On December first of each year, every district attor-
ney shall provide the governor, temporary president of the senate and
speaker of the assembly with an annual report detailing the total amount
of monies received as described herein by his or her office [and], a
description of how and where such funds, AND AN ITEMIZATION OF FUNDS
RECEIVED IN THE PREVIOUS TEN YEARS, were distributed by his or her
office but shall not include a description of the distribution of monies
where the disclosure of such information would interfere with a law
enforcement investigation or a judicial proceeding, AND THE CURRENT
TOTAL BALANCE OF MONIES HELD ON DEPOSIT FOR STATE SANCTIONED DEFERRED
PROSECUTION AGREEMENTS. The report shall include a detailed description
of any entity to which funds are distributed, including but not limited
to, whether it is a profit or not-for-profit entity, where it is
located, and the intended use of the monies distributed, and shall state
the law enforcement purpose.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 95.00 of the criminal procedure law made by
section two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
PART F
Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the correction law, the governor is authorized to close correctional
facilities of the department of corrections and community supervision,
in the state fiscal year 2020-2021, as he determines to be necessary for
the cost-effective and efficient operation of the correctional system,
provided that the governor provides at least 90 days notice prior to any
such closures to the temporary president of the senate and the speaker
of the assembly.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020 and shall
expire and be deemed repealed March 31, 2021.
PART G
Section 1. Paragraph (a-1) of subdivision 4 of section 70.20 of the
penal law is REPEALED.
§ 2. Section 77 of the correction law is REPEALED.
§ 3. The correction law is amended by adding a new section 80 to read
as follows:
§ 80. TRANSFER OF ADOLESCENTS FROM THE DEPARTMENT. THE DEPARTMENT AND
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL JOINTLY ESTABLISH A
TRANSITION PLAN AND PROTOCOL TO BE USED IN TRANSFERRING CUSTODY OF ALL
ADOLESCENT OFFENDERS AND INDIVIDUALS UNDER THE AGE OF EIGHTEEN FROM THE
S. 7505--A 16 A. 9505--A
CUSTODY OF THE DEPARTMENT TO THE CUSTODY OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY. THE
PLAN AND PROTOCOL SHALL BE COMPLETED ON OR BEFORE JULY FIRST, TWO THOU-
SAND TWENTY.
§ 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508
of the executive law, the section heading as added by chapter 481 of the
laws of 1978, subdivision 1 as amended by chapter 738 of the laws of
2004, subdivisions 2, 7 and 8 as amended by section 82 of part WWW of
chapter 59 of the laws of 2017 and such section as renumbered by chapter
465 of the laws of 1992, are amended to read as follows:
Juvenile offender AND ADOLESCENT OFFENDER facilities. 1. The office of
children and family services shall maintain secure facilities for the
care and confinement of juvenile offenders AND ADOLESCENT OFFENDERS
committed for [an indeterminate, determinate or definite] A sentence
pursuant to the sentencing provisions of the penal law. Such facilities
shall provide appropriate services to juvenile offenders AND ADOLESCENT
OFFENDERS including but not limited to residential care, educational and
vocational training, physical and mental health services, and employment
counseling.
2. Juvenile offenders AND ADOLESCENT OFFENDERS shall be confined in
such facilities until the age of twenty-one in accordance with their
sentences, and shall not be released, discharged or permitted home
visits except pursuant to the provisions of this section.
7. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except that his or her parole, temporary release and discharge shall be
governed by the laws applicable to inmates of state correctional facili-
ties and his or her transfer to state hospitals in the office of mental
health shall be governed by section five hundred nine of this [chapter]
ARTICLE; provided, however, that an otherwise eligible offender may
receive the six-month limited credit time allowance for successful
participation in one or more programs developed by the office of chil-
dren and family services that are comparable to the programs set forth
in section eight hundred three-b of the correction law, taking into
consideration the age of offenders. The commissioner of the office of
children and family services shall, however, establish and operate
temporary release programs at office of children and family services
facilities for eligible juvenile offenders AND ADOLESCENT OFFENDERS and
contract with the department of corrections and community supervision
for the provision of parole supervision services for temporary releas-
ees. The rules and regulations for these programs shall not be incon-
sistent with the laws for temporary release applicable to inmates of
state correctional facilities. For the purposes of temporary release
programs for juvenile offenders AND ADOLESCENT OFFENDERS only, when
referred to or defined in article twenty-six of the correction law,
"institution" shall mean any facility designated by the commissioner of
the office of children and family services, "department" shall mean the
office of children and family services, "inmate" shall mean a juvenile
offender OR ADOLESCENT OFFENDER residing in an office of children and
family services facility, and "commissioner" shall mean the commissioner
of the office of children and family services. Time spent in office of
children and family services facilities and in juvenile detention facil-
ities shall be credited towards the sentence imposed in the same manner
and to the same extent applicable to inmates of state correctional
facilities.
S. 7505--A 17 A. 9505--A
8. Whenever a juvenile offender, ADOLESCENT OFFENDER or a juvenile
offender OR ADOLESCENT OFFENDER adjudicated a youthful offender shall be
delivered to the director of an office of children and family services
facility pursuant to a commitment to the office of children and family
services, the officer so delivering such person shall deliver to such
facility director a certified copy of the sentence received by such
officer from the clerk of the court by which such person shall have been
sentenced, a copy of the report of the probation officer's investigation
and report, any other pre-sentence memoranda filed with the court, a
copy of the person's fingerprint records, a detailed summary of avail-
able medical records, psychiatric records and reports relating to
assaults, or other violent acts, attempts at suicide or escape by the
person while in the custody of a local detention facility.
§ 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section
508 of the executive law are REPEALED.
§ 6. This act shall take effect immediately; provided that:
a. sections one and four of this act shall take effect on the sixtieth
day after this act shall have become a law and the changes made by
section one shall apply to sentences ordered pursuant to section 70.20
of the penal law on or after the effective date;
b. section two of this act shall take effect October 1, 2020; and
c. section three of this act shall expire October 1, 2021 when upon
such date the provisions of such section shall be deemed repealed.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
PART H
Section 1. Paragraph a of subdivision 2 of section 162 of the state
finance law, as amended by section 164 of subpart B of part C of chapter
62 of the laws of 2011, is amended to read as follows:
a. Commodities AND SERVICES produced by the correctional industries
program of the department of corrections and community supervision and
provided to the state pursuant to subdivision two of section one hundred
eighty-four of the correction law;
§ 2. Subparagraph (iii) of paragraph b of subdivision 4 of section 162
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended and a new subparagraph (iv) is added to read as follows:
(iii) if, within ten days of the notification required by subparagraph
(i) of this paragraph, no preferred source or facilitating entity iden-
tified in paragraph e of subdivision six of this section indicates
intent to provide the service, [then the service shall be procured in
accordance with section one hundred sixty-three of this article. If,
after such period, a preferred source elects to bid on the service,
award shall be made in accordance with section one hundred sixty-three
of this article or as otherwise provided by law] STATE AGENCIES OR POLI-
TICAL SUBDIVISIONS OR PUBLIC BENEFIT CORPORATIONS HAVING THEIR OWN
PURCHASING AGENCY SHALL MAKE REASONABLE EFFORTS TO PROVIDE A NOTIFICA-
TION DESCRIBING THEIR REQUIREMENTS TO THE CORRECTIONAL INDUSTRIES
PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND
IF THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION PROVIDES A NOTICE OF INTENT TO PROVIDE THE
SERVICE IN THE FORM, FUNCTION AND UTILITY REQUIRED, AT A PRICE IN
ACCORDANCE WITH THE PRICE PROVISIONS SET FORTH HEREIN, THEN THE SERVICE
S. 7505--A 18 A. 9505--A
SHALL BE PURCHASED FROM THE CORRECTIONAL INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
(IV) IF, WITHIN TEN DAYS OF THE NOTIFICATION REQUIRED BY SUBPARAGRAPH
(III) OF THIS PARAGRAPH, THE CORRECTIONAL INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION DOES NOT INDICATE
INTENT TO PROVIDE THE SERVICE, THEN THE SERVICE SHALL BE PROCURED IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE. IF,
AFTER SUCH PERIOD, A PREFERRED SOURCE ELECTS TO BID ON THE SERVICE,
AWARD SHALL BE MADE IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-THREE
OF THIS ARTICLE OR AS OTHERWISE PROVIDED BY LAW.
§ 3. The opening paragraph of subdivision 5 of section 162 of the
state finance law, as amended by section 164 of subpart B of part C of
chapter 62 of the laws of 2011, is amended to read as follows:
The prices to be charged for commodities AND SERVICES produced by the
correctional industries program of the department of corrections and
community supervision shall be established by the commissioner of
corrections and community supervision in accordance with section one
hundred eighty-six of the correction law.
§ 4. This act shall take effect immediately.
PART I
Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax
law, as amended by section 1 of part M of chapter 55 of the laws of
2018, 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, two thousand seventeen--two thousand
eighteen, two thousand eighteen--two thousand nineteen [and], two thou-
sand nineteen--two thousand twenty, TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO;
§ 2. This act shall take effect April 1, 2020.
PART J
Section 1. Subdivision 3 of section 215 of the executive law, as
amended by chapter 478 of the laws of 2004, is amended to read as
follows:
3. The sworn members of the New York state police shall be appointed
by the superintendent and permanent appointees may be removed by the
superintendent only after a hearing. No person shall be appointed to the
New York state police force as a sworn member unless he or she shall be
a citizen of the United States, between the ages of twenty-one and twen-
ty-nine years except that in the superintendent's discretion, the maxi-
mum age may be extended to thirty-five years. THE SUPERINTENDENT MAY
WAIVE THE MAXIMUM AGE FOR APPOINTMENT IN THE CASE OF ANY INDIVIDUAL
EMPLOYED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS
A POLICE OFFICER, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW, WHO IS APPOINTED TO THE NEW YORK STATE POLICE AS A RESULT OF THE
NEW YORK STATE POLICE ASSUMING THE LAW ENFORCEMENT RESPONSIBILITIES OF
THAT STATE AGENCY. Notwithstanding any other provision of law or any
general or special law to the contrary the time spent on military duty,
S. 7505--A 19 A. 9505--A
not exceeding a total of [six] SEVEN years, shall be subtracted from the
age of any applicant who has passed his or her twenty-ninth birthday,
solely for the purpose of permitting qualification as to age and for no
other purpose. Such limitations as to age however shall not apply to
persons appointed to the positions of counsel, first assistant counsel,
assistant counsel, and assistant deputy superintendent for employee
relations nor to any person appointed to the bureau of criminal investi-
gation pursuant to section two hundred sixteen of this article nor shall
any person be appointed unless he or she has fitness and good moral
character and shall have passed a physical and mental examination based
upon standards provided by the rules and regulations of the superinten-
dent. Appointments shall be made for a probationary period which, in the
case of appointees required to attend and complete a basic training
program at the state police academy, shall include such time spent
attending the basic school and terminate one year after successful
completion thereof. All other sworn members shall be subject to a proba-
tionary period of one year from the date of appointment. Following
satisfactory completion of the probationary period the member shall be a
permanent appointee. Voluntary resignation or withdrawal from the New
York state police during such appointment shall be submitted to the
superintendent for approval. Reasonable time shall be required to
account for all equipment issued or for debts or obligations to the
state to be satisfied. Resignation or withdrawal from the division
during a time of emergency, so declared by the governor, shall not be
approved if contrary to the best interest of the state and shall be a
misdemeanor. No sworn member removed from the New York state police
shall be eligible for reappointment. The superintendent shall make rules
and regulations subject to approval by the governor for the discipline
and control of the New York state police and for the examination and
qualifications of applicants for appointment as members thereto and such
examinations shall be held and conducted by the superintendent subject
to such rules and regulations. The superintendent is authorized to
charge a fee of twenty dollars as an application fee for any person
applying to take a competitive examination for the position of trooper,
and a fee of five dollars for any competitive examination for a civilian
position. The superintendent shall promulgate regulations subject to the
approval of the director of the budget, to provide for a waiver of the
application fee when the fee would cause an unreasonable hardship on the
applicant and to establish a fee schedule and charge fees for the use of
state police facilities.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivision 3 of section 215 of the executive law made
by section one of this act shall expire and be deemed repealed April 1,
2023.
PART K
Section 1. Section 265.00 of the penal law is amended by adding a new
subdivision 31 to read as follows:
31. "UNFINISHED FRAME OR RECEIVER" MEANS A PIECE OF ANY MATERIAL THAT
DOES NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT-
GUN, BUT THAT HAS BEEN SHAPED OR FORMED IN ANY WAY FOR THE PURPOSE OF
BECOMING THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOTGUN. SUCH
TERM SHALL NOT INCLUDE A PIECE OF MATERIAL THAT HAS HAD ITS SIZE OR
EXTERNAL SHAPE ALTERED TO FACILITATE TRANSPORTATION OR STORAGE OR HAS
HAD ITS CHEMICAL COMPOSITION ALTERED.
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§ 2. Subdivision 10 of section 265.02 of the penal law, as added by
chapter 1 of the laws of 2013, is amended and a new subdivision 11 is
added to read as follows:
(10) Such person possesses an unloaded firearm and also commits any
violent felony offense as defined in subdivision one of section 70.02 of
this chapter as part of the same criminal transaction[.]; OR
(11) SUCH PERSON POSSESSES A MAJOR COMPONENT OF A FIREARM, RIFLE, OR
SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, AND SUCH PERSON IS PROHIB-
ITED FROM POSSESSING A SHOTGUN OR RIFLE PURSUANT TO: (I) THIS ARTICLE;
(II) SUBSECTION (G) OF SECTION 922 OF TITLE 18 OF THE UNITED STATES
CODE; OR (III) A TEMPORARY OR FINAL EXTREME RISK PROTECTION ORDER ISSUED
UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES.
§ 3. The penal law is amended by adding a new section 400.04 to read
as follows:
§ 400.04 SALE OR TRANSFER OF FIREARM, RIFLE, OR SHOTGUN COMPONENTS.
1. NO COMMERCIAL TRANSFER OF A MAJOR COMPONENT OF A FIREARM, RIFLE, OR
SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, SHALL TAKE PLACE UNLESS A
DEALER IN FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO SECTION 400.00
OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE,
ACTS AS AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE ULTIMATE TRANS-
FEREE OF SUCH MAJOR COMPONENT OR UNFINISHED FRAME OR RECEIVER. SUCH
TRANSFER BETWEEN THE DEALER AND TRANSFEREE MUST OCCUR IN PERSON. PRIOR
TO COMPLETING A TRANSFER PURSUANT TO THIS SECTION THE DEALER IN FIREARMS
MUST VERIFY THE IDENTITY OF THE TRANSFEREE BY EXAMINING A VALID STATE
IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED BY THE DEPARTMENT OF
MOTOR VEHICLES OR, IF SUCH TRANSFEREE IS NOT A RESIDENT OF THE STATE OF
NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED BY SUCH TRANSFEREE'S
STATE OR COUNTRY OF RESIDENCE CONTAINING A PHOTOGRAPH OF SUCH TRANSFER-
EE.
2. EVERY DEALER IN FIREARMS SHALL KEEP A RECORD BOOK AND ENTER AT THE
TIME OF EVERY TRANSACTION INVOLVING THE TRANSFER OF A MAJOR COMPONENT OF
A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, THE
DATE, NAME, AGE, AND RESIDENCE OF ANY PERSON TO WHOM SUCH MAJOR COMPO-
NENT OR UNFINISHED FRAME OR RECEIVER IS DELIVERED, AND, IN THE CASE OF A
RECEIVER OR A FRAME OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED
FRAME OR RECEIVER, THE SERIAL NUMBER ENGRAVED, CAST OR STAMPED THEREON
OR, IF NONE, THE SERIAL NUMBER ASSIGNED TO THE UNFINISHED FRAME OR
RECEIVER PURSUANT TO THIS SECTION.
3. NO DEALER IN FIREARMS MAY COMPLETE A TRANSFER PURSUANT TO THIS
SECTION UNLESS (I) THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT-
GUN, OR UNFINISHED FRAME OR RECEIVER, IS CONSPICUOUSLY ENGRAVED, CAST,
OR STAMPED WITH A UNIQUE SERIAL NUMBER, OR (II) IN THE CASE OF AN UNFIN-
ISHED FRAME OR RECEIVER THAT LACKS SUCH A UNIQUE SERIAL NUMBER, THE
DEALER IN FIREARMS FIRST REQUESTS AND OBTAINS A UNIQUE SERIAL NUMBER FOR
EACH UNFINISHED FRAME OR RECEIVER PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION AND PROVIDES THE UNIQUE SERIAL NUMBER ASSIGNED TO THE UNFINISHED
FRAME OR RECEIVER TO THE TRANSFEREE.
4. UPON THE REQUEST OF A DEALER IN FIREARMS MADE PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION, THE DIVISION OF STATE POLICE SHALL ISSUE A
UNIQUE SERIAL NUMBER FOR EACH UNFINISHED FRAME OR RECEIVER, TRANSMIT THE
SERIAL NUMBER TO THE REQUESTING DEALER, AND MAINTAIN A RECORD OF EACH
SERIAL NUMBER ISSUED, THE DATE OF ISSUANCE, AND THE IDENTITY OF THE
REQUESTING DEALER.
5. EVERY TRANSFEREE TAKING POSSESSION OF AN UNFINISHED FRAME OR
RECEIVER SHALL ENSURE THAT THE UNIQUE SERIAL NUMBER ASSIGNED TO SUCH
UNFINISHED FRAME OR RECEIVER PURSUANT TO THIS SECTION IS PERMANENTLY AND
S. 7505--A 21 A. 9505--A
CONSPICUOUSLY ENGRAVED, CAST, OR STAMPED UPON THE UNFINISHED FRAME OR
RECEIVER IN A MANNER THAT MEETS OR EXCEEDS THE REQUIREMENTS IMPOSED ON
LICENSED IMPORTERS AND LICENSED MANUFACTURERS OF FIREARMS PURSUANT TO
SUBSECTION (I) OF SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE AND
REGULATIONS ISSUED PURSUANT THERETO, WITHIN THIRTY DAYS OF TAKING
POSSESSION OF SUCH UNFINISHED FRAME OR RECEIVER.
6. ANY PERSON NOT A VALIDLY LICENSED DEALER IN FIREARMS PURSUANT TO
SECTION 400.00 OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE UNITED
STATES CODE WHO VIOLATES SUBDIVISION ONE OR FIVE OF THIS SECTION SHALL
BE GUILTY OF A CLASS D FELONY. ANY DEALER IN FIREARMS WHO VIOLATES
SUBDIVISION THREE OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEA-
NOR AND ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO SECTION 400.00 OF
THIS ARTICLE SHALL BE REVOKED. ANY DEALER IN FIREARMS WHO VIOLATES
SUBDIVISION ONE OR TWO OF THIS SECTION, FOR A FIRST OFFENSE, SHALL BE
GUILTY OF A VIOLATION AND SUBJECT TO THE FINE OF ONE THOUSAND DOLLARS
AND FOR A SECOND OFFENSE, SHALL BE GUILTY OF A CLASS B MISDEMEANOR AND
ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO SECTION 400.00 OF THIS
ARTICLE SHALL BE REVOKED.
§ 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.
PART L
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
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:
S. 7505--A 22 A. 9505--A
(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 M
Section 1. This act shall be known and may be cited as the "safe homes
and families act".
§ 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
6. (A) A POLICE OFFICER WHO RESPONDS TO A REPORT OF A FAMILY OFFENSE
AS DEFINED IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT MAY, IN THE INTEREST OF PUBLIC SAFETY,
TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC-
TRONIC STUN GUN, DISGUISED GUN, IMITATION WEAPON, SHOTGUN, ANTIQUE
FIREARM, BLACK POWDER RIFLE, BLACK POWDER SHOTGUN, OR MUZZLE-LOADING
FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A LAWFUL
SEARCH, AND SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH WEAPON THAT IS IN
THE POSSESSION OF ANY PERSON ARRESTED FOR THE COMMISSION OF SUCH FAMILY
OFFENSE OR SUSPECTED OF ITS COMMISSION. AN OFFICER WHO TAKES CUSTODY OF
ANY WEAPON PURSUANT TO THIS PARAGRAPH SHALL ALSO TAKE CUSTODY OF ANY
LICENSE TO CARRY, POSSESS, REPAIR, AND DISPOSE OF SUCH WEAPON ISSUED TO
THE PERSON ARRESTED OR SUSPECTED OF SUCH FAMILY OFFENSE. THE OFFICER
SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW ENFORCE-
MENT OFFICER AS PROVIDED IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDI-
VISION A OF SECTION 265.20 OF THE PENAL LAW.
(B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH
(A) OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER OR
PERSON IN POSSESSION OF SUCH WEAPONS OR LICENSE A RECEIPT DESCRIBING
SUCH WEAPONS AND/OR LICENSE AND INDICATING ANY IDENTIFICATION OR SERIAL
NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS
AND/OR LICENSE CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY
PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION.
(C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS
UTILIZED IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY POSSESSED,
OR THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO OR
SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY
COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF
SECTION 400.05 OF THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER
DESCRIBED IN SUBDIVISION TWO OR RETAINED AS PROVIDED IN SUBDIVISION
THREE OF SECTION 400.05 OF THE PENAL LAW.
(D) A FIREARM OR OTHER WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION WHICH IS TAKEN INTO TEMPORARY CUSTODY AND WHICH HAS NOT BEEN
DECLARED A NUISANCE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL
BE RETAINED FOR A PERIOD NOT TO EXCEED ONE YEAR. PRIOR TO THE EXPIRATION
OF SUCH TIME PERIOD, BUT NO LESS THAN FORTY-EIGHT HOURS AFTER THE
FIREARM OR WEAPON WAS TAKEN INTO TEMPORARY CUSTODY, THE OWNER SHALL HAVE
THE RIGHT TO RECLAIM THE ITEM OR ARRANGE FOR THE SALE OR TRANSFER OF THE
ITEM. NOTHING IN THIS SUBDIVISION AUTHORIZES THE RETURN OF A FIREARM,
S. 7505--A 23 A. 9505--A
RIFLE OR SHOTGUN TO A PERSON WHO IS NOT AUTHORIZED TO POSSESS A FIREARM,
RIFLE OR SHOTGUN.
§ 3. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. (A) UPON INVESTIGATING A REPORT OF A CRIME OR OFFENSE BETWEEN
MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS SUCH TERMS ARE DEFINED IN
SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE
FAMILY COURT ACT, A LAW ENFORCEMENT OFFICER MAY, IN THE INTEREST OF THE
SAFETY OF MEMBERS OF THE SAME FAMILY OR HOUSEHOLD OR OTHER PERSON OR
PERSONS, TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY
OTHER WEAPON THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A
LAWFUL SEARCH.
(B) UPON TAKING CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY OTHER
WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE LAW ENFORCE-
MENT OFFICER SHALL PROVIDE THE OWNER OR ANY OTHER ADULT RESIDING ON THE
PREMISES WITH A RECEIPT DESCRIBING THE ITEMS TAKEN INTO TEMPORARY CUSTO-
DY AND SHALL PROVIDE INSTRUCTIONS FOR CLAIMING THE ITEMS.
(C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS
USED IN THE COMMISSION OF AN OFFENSE OR IS UNLAWFULLY POSSESSED SHALL BE
DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF SECTION 400.05 OF
THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER DESCRIBED IN SUBDIVI-
SION TWO OR RETAINED AS PROVIDED IN SUBDIVISION THREE OF SECTION 400.05
OF THE PENAL LAW.
(D) A FIREARM OR OTHER WEAPON WHICH IS TAKEN INTO TEMPORARY CUSTODY
AND WHICH HAS NOT BEEN DECLARED A NUISANCE PURSUANT TO PARAGRAPH (C) OF
THIS SUBDIVISION, SHALL BE RETAINED FOR A PERIOD NOT TO EXCEED ONE YEAR.
PRIOR TO THE EXPIRATION OF SUCH TIME PERIOD, THE OWNER OF THE ITEM SHALL
HAVE THE RIGHT TO RECLAIM THE ITEM OR ARRANGE FOR THE SALE OR TRANSFER
OF THE ITEM. NOTHING IN THIS SUBDIVISION AUTHORIZES THE RETURN OF A
FIREARM, RIFLE OR SHOTGUN TO A PERSON WHO IS NOT AUTHORIZED TO POSSESS A
FIREARM, RIFLE OR SHOTGUN.
§ 4. The section heading and paragraphs (a) and (b) of subdivision 1
of section 530.14 of the criminal procedure law, as amended by chapter
60 of the laws of 2018, are amended and a new paragraph (c) is added to
read as follows:
Suspension and revocation of a license to carry, possess, repair or
dispose of a firearm or firearms pursuant to section 400.00 of the penal
law and ineligibility for such a license; order to surrender FIREARMS;
ORDER TO SEIZE firearms.
(a) the court shall suspend any such existing license possessed by the
defendant, order the defendant ineligible for such a license and order
the immediate surrender of any or all firearms, rifles and shotguns
owned or possessed where the court receives information that gives the
court good cause to believe that (i) the defendant has a prior
conviction of any violent felony offense as defined in section 70.02 of
the penal law; (ii) the defendant has previously been found to have
willfully failed to obey a prior order of protection and such willful
failure involved (A) the infliction of physical injury, as defined in
subdivision nine of section 10.00 of the penal law, (B) the use or
threatened use of a deadly weapon or dangerous instrument as those terms
are defined in subdivisions twelve and thirteen of section 10.00 of the
penal law, or (C) behavior constituting any violent felony offense as
defined in section 70.02 of the penal law; or (iii) the defendant has a
prior conviction for stalking in the first degree as defined in section
120.60 of the penal law, stalking in the second degree as defined in
section 120.55 of the penal law, stalking in the third degree as defined
S. 7505--A 24 A. 9505--A
in section 120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law; [and]
(b) the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection the temporary
order of protection is issued, suspend any such existing license
possessed by the defendant, order the defendant ineligible for such a
license and order the immediate surrender pursuant to subparagraph (f)
of paragraph one of subdivision a of section 265.20 and subdivision six
of section 400.05 of the penal law, of any or all firearms, rifles and
shotguns owned or possessed[.]; AND
(C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
§ 5. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the
criminal procedure law, as amended by chapter 60 of the laws of 2018,
are amended and a new paragraph (c) is added to read as follows:
(a) the court shall revoke any such existing license possessed by the
defendant, order the defendant ineligible for such a license and order
the immediate surrender of any or all firearms, rifles and shotguns
owned or possessed where such action is required by section 400.00 of
the penal law; [and]
(b) the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, [rifles] RIFLE or [shot-
guns] SHOTGUN unlawfully against the person or persons for whose
protection the order of protection is issued, (i) revoke any such exist-
ing license possessed by the defendant, order the defendant ineligible
for such a license and order the immediate surrender of any or all
firearms, rifles and shotguns owned or possessed or (ii) suspend or
continue to suspend any such existing license possessed by the defend-
ant, order the defendant ineligible for such a license and order the
immediate surrender pursuant to subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the penal law, of any or all firearms, rifles and shotguns owned or
possessed[.]; AND
(C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
§ 6. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of the
criminal procedure law, as amended by chapter 60 of the laws of 2018,
are amended and a new paragraph (c) is added to read as follows:
(a) the court shall revoke any such existing license possessed by the
defendant, order the defendant ineligible for such a license and order
the immediate surrender of any or all firearms, rifles and shotguns
owned or possessed where the willful failure to obey such order involved
(i) the infliction of physical injury, as defined in subdivision nine of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law,
(iii) behavior constituting any violent felony offense as defined in
S. 7505--A 25 A. 9505--A
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law; [and]
(b) the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed or (ii) suspend any such existing license possessed
by the defendant, order the defendant ineligible for such a license and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed[.]; AND
(C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
§ 7. Subdivisions 6 and 7 of section 530.14 of the criminal procedure
law, as amended by chapter 60 of the laws of 2018, are amended to read
as follows:
6. Notice. (a) Where an order requiring surrender, revocation, suspen-
sion, SEIZURE or ineligibility has been issued pursuant to this section,
any temporary order of protection or order of protection issued shall
state that such firearm license has been suspended or revoked or that
the defendant is ineligible for such license, as the case may be, and
that the defendant is prohibited from possessing any firearm, rifle or
shotgun.
(b) The court revoking or suspending the license, ordering the defend-
ant ineligible for such a license, or ordering the surrender OR SEIZURE
of any firearm, rifle or shotgun shall immediately notify the duly
constituted police authorities of the locality concerning such action
and, in the case of orders of protection and temporary orders of
protection issued pursuant to section 530.12 of this article, shall
immediately notify the statewide registry of orders of protection.
(c) The court revoking or suspending the license or ordering the
defendant ineligible for such a license shall give written notice there-
of without unnecessary delay to the division of state police at its
office in the city of Albany.
(d) Where an order of revocation, suspension, ineligibility [or],
surrender OR SEIZURE is modified or vacated, the court shall immediately
notify the statewide registry of orders of protection and the duly
constituted police authorities of the locality concerning such action
and shall give written notice thereof without unnecessary delay to the
division of state police at its office in the city of Albany.
7. Hearing. The defendant shall have the right to a hearing before the
court regarding any revocation, suspension, ineligibility [or], surren-
der OR SEIZURE order issued pursuant to this section, provided that
S. 7505--A 26 A. 9505--A
nothing in this subdivision shall preclude the court from issuing any
such order prior to a hearing. Where the court has issued such an order
prior to a hearing, it shall commence such hearing within fourteen days
of the date such order was issued.
§ 8. The section heading and paragraphs (a) and (b) of subdivision 1
of section 842-a of the family court act, as amended by chapter 60 of
the laws of 2018, are amended and a new paragraph (c) is added to read
as follows:
Suspension and revocation of a license to carry, possess, repair or
dispose of a firearm or firearms pursuant to section 400.00 of the penal
law and ineligibility for such a license; order to surrender firearms;
ORDER TO SEIZE FIREARMS.
(a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed where the court receives information that gives the
court good cause to believe that: (i) the respondent has a prior
conviction of any violent felony offense as defined in section 70.02 of
the penal law; (ii) the respondent has previously been found to have
willfully failed to obey a prior order of protection and such willful
failure involved (A) the infliction of physical injury, as defined in
subdivision nine of section 10.00 of the penal law, (B) the use or
threatened use of a deadly weapon or dangerous instrument as those terms
are defined in subdivisions twelve and thirteen of section 10.00 of the
penal law, or (C) behavior constituting any violent felony offense as
defined in section 70.02 of the penal law; or (iii) the respondent has a
prior conviction for stalking in the first degree as defined in section
120.60 of the penal law, stalking in the second degree as defined in
section 120.55 of the penal law, stalking in the third degree as defined
in section 120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law; [and]
(b) the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection the temporary
order of protection is issued, suspend any such existing license
possessed by the respondent, order the respondent ineligible for such a
license, and order the immediate surrender pursuant to subparagraph (f)
of paragraph one of subdivision a of section 265.20 and subdivision six
of section 400.05 of the penal law, of any or all firearms, rifles and
shotguns owned or possessed[.]; AND
(C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
§ 9. Paragraphs (a) and (b) of subdivision 2 of section 842-a of the
family court act, as amended by chapter 60 of the laws of 2018, are
amended and a new paragraph (c) is added to read as follows:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
S. 7505--A 27 A. 9505--A
owned or possessed where the court finds that the conduct which resulted
in the issuance of the order of protection involved (i) the infliction
of physical injury, as defined in subdivision nine of section 10.00 of
the penal law, (ii) the use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in subdivisions twelve
and thirteen of section 10.00 of the penal law, or (iii) behavior
constituting any violent felony offense as defined in section 70.02 of
the penal law; [and]
(b) the court shall, where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed or (ii) suspend or continue to suspend any such
existing license possessed by the respondent, order the respondent inel-
igible for such a license, and order the immediate surrender pursuant to
subparagraph (f) of paragraph one of subdivision a of section 265.20 and
subdivision six of section 400.05 of the penal law, of any or all
firearms, rifles and shotguns owned or possessed[.]; AND
(C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
§ 10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the
family court act, as amended by chapter 60 of the laws of 2018, are
amended and a new paragraph (c) is added to read as follows:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed where the willful failure to obey such order involves
(i) the infliction of physical injury, as defined in subdivision nine of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law; [and]
(b) the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license,
whether or not the respondent possesses such a license, and order the
immediate surrender pursuant to subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of
S. 7505--A 28 A. 9505--A
the penal law, of any or all firearms, rifles and shotguns owned or
possessed or (ii) suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms, rifles and shot-
guns owned or possessed[.]; AND
(C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
§ 11. Subdivisions 6 and 7 of section 842-a of the family court act,
as amended by chapter 60 of the laws of 2018, are amended to read as
follows:
6. Notice. (a) Where an order requiring surrender, revocation, suspen-
sion, SEIZURE or ineligibility has been issued pursuant to this section,
any temporary order of protection or order of protection issued shall
state that such firearm license has been suspended or revoked or that
the respondent is ineligible for such license, as the case may be, and
that the defendant is prohibited from possessing any firearms, rifles or
shotguns.
(b) The court revoking or suspending the license, ordering the
respondent ineligible for such license, or ordering the surrender OR
SEIZURE of any firearm, rifles or shotguns shall immediately notify the
statewide registry of orders of protection and the duly constituted
police authorities of the locality of such action.
(c) The court revoking or suspending the license or ordering the
defendant ineligible for such license shall give written notice thereof
without unnecessary delay to the division of state police at its office
in the city of Albany.
(d) Where an order of revocation, suspension, ineligibility, [or]
surrender, OR SEIZURE is modified or vacated, the court shall immediate-
ly notify the statewide registry of orders of protection and the duly
constituted police authorities of the locality concerning such action
and shall give written notice thereof without unnecessary delay to the
division of state police at its office in the city of Albany.
7. Hearing. The respondent shall have the right to a hearing before
the court regarding any revocation, suspension, ineligibility [or],
surrender OR SEIZURE order issued pursuant to this section, provided
that nothing in this subdivision shall preclude the court from issuing
any such order prior to a hearing. Where the court has issued such an
order prior to a hearing, it shall commence such hearing within fourteen
days of the date such order was issued.
§ 12. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.
PART N
Section 1. Subdivision 17 of section 265.00 of the penal law, as added
by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter
264 of the laws of 2003, paragraph (b) as separately amended by sections
2 and 3 of chapter 232 of the laws of 2010, and paragraph (c) as added
by chapter 60 of the laws of 2018, is amended to read as follows:
17. "Serious offense" means (a) [any of the following offenses defined
in the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying
S. 7505--A 29 A. 9505--A
or possessing a pistol or other dangerous weapon; making or possessing
burglar's instruments; buying or receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of disorderly
conduct defined in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b, four hundred eighty-four-h
and article one hundred six of such former penal law; that kind of crim-
inal sexual act or rape which was designated as a misdemeanor; violation
of section seventeen hundred forty-seven-d and seventeen hundred forty-
seven-e of such former penal law; any violation of any provision of
article thirty-three of the public health law relating to narcotic drugs
which was defined as a misdemeanor by section seventeen hundred fifty-
one-a of such former penal law, and any violation of any provision of
article thirty-three-A of the public health law relating to depressant
and stimulant drugs which was defined as a misdemeanor by section seven-
teen hundred forty-seven-b of such former penal law.
(b)] any of the following offenses defined in the CURRENT penal law
AND ANY OFFENSE IN ANY JURISDICTION OR THE FORMER PENAL LAW THAT
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES:
illegally using, carrying or possessing a pistol or other dangerous
weapon; possession of burglar's tools; criminal possession of stolen
property in the third degree; escape in the third degree; jostling;
fraudulent accosting; endangering the welfare of a child; [the offenses
defined in article two hundred thirty-five;] OBSCENITY IN THE THIRD
DEGREE; issuing abortional articles; permitting prostitution; promoting
prostitution in the third degree; stalking in the fourth degree; stalk-
ing in the third degree; [the offenses defined in article one hundred
thirty; the offenses defined in article two hundred twenty] SEXUAL
MISCONDUCT; FORCIBLE TOUCHING; SEXUAL ABUSE IN THE THIRD DEGREE; SEXUAL
ABUSE IN THE SECOND DEGREE; CRIMINAL POSSESSION OF A CONTROLLED
SUBSTANCE IN THE SEVENTH DEGREE; CRIMINALLY POSSESSING A HYPODERMIC
INSTRUMENT; CRIMINALLY USING DRUG PARAPHERNALIA IN THE SECOND DEGREE;
CRIMINAL POSSESSION OF METHAMPHETAMINE MANUFACTURING MATERIAL IN THE
SECOND DEGREE; AND A HATE CRIME DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-
FIVE OF THIS CHAPTER.
[(b) any of the following offenses defined in the penal law: illegally
using, carrying or possessing a pistol or other dangerous weapon;
possession of burglar's tools; criminal possession of stolen property in
the third degree; escape in the third degree; jostling; fraudulent
accosting; endangering the welfare of a child; the offenses defined in
article two hundred thirty-five; issuing abortional articles; permitting
prostitution; promoting prostitution in the third degree; stalking in
the third degree; stalking in the fourth degree; the offenses defined in
article one hundred thirty; the offenses defined in article two hundred
twenty.
(c)] (B) any of the following offenses DEFINED IN THE CURRENT PENAL
LAW AND ANY OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW THAT
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES,
where the defendant and the person against whom the offense was commit-
ted were members of the same family or household as defined in subdivi-
sion one of section 530.11 of the criminal procedure law [and as estab-
lished pursuant to section 370.15 of the criminal procedure law]:
assault in the third degree; menacing in the third degree; menacing in
the second degree; criminal obstruction of breathing or blood circu-
lation; unlawful imprisonment in the second degree; coercion in the
third degree; criminal tampering in the third degree; criminal contempt
S. 7505--A 30 A. 9505--A
in the second degree; harassment in the first degree; aggravated harass-
ment in the second degree; criminal trespass in the third degree; crimi-
nal trespass in the second degree; arson in the fifth degree; or attempt
to commit any of the above-listed offenses.
(C) ANY MISDEMEANOR OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL
LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A FELONY OFFENSE AS
DEFINED IN THE CURRENT PENAL LAW.
§ 2. Section 400.00 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
1-A. FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, SERIOUS OFFENSE
SHALL INCLUDE AN OFFENSE IN ANY JURISDICTION OR THE FORMER PENAL LAW
THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A SERIOUS OFFENSE AS
DEFINED BY SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER.
NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE DENIAL OF A LICENSE BASED
ON THE COMMISSION OF, ARREST FOR OR CONVICTION OF AN OFFENSE IN ANY
OTHER JURISDICTION WHICH DOES NOT INCLUDE ALL OF THE ESSENTIAL ELEMENTS
OF A SERIOUS OFFENSE.
§ 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.
PART O
Section 1. Subdivisions 4 and 5 of section 230 of the executive law,
as added by chapter 189 of the laws of 2000, are amended and three new
subdivisions 6, 7, and 8 are added to read as follows:
4. The superintendent of the division of state police shall establish
and maintain within the division a criminal gun clearinghouse as a
central repository of information regarding all guns seized, forfeited,
found or otherwise coming into the possession of any state or local law
enforcement agency which are believed to have been used in the commis-
sion of a crime. The superintendent of the division of state police
shall adopt and promulgate regulations prescribing reporting procedures
for such state or local law enforcement agencies, including the form for
reporting such information. In addition to any other information which
the superintendent of the division of state police may require, the form
shall require (a) the serial number or other identifying information on
the gun, if available and (b) a brief description of the circumstances
under which the gun came into the possession of the law enforcement
agency, including the crime which was or may have been committed with
the gun. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM A CRIME
SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH
THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED AS AN ABANDONED OR
DISCARDED GUN, THE AGENCY SHALL REPORT SUCH SEIZED OR RECOVERED GUN TO
THE CRIMINAL GUN CLEARINGHOUSE AS SOON AS PRACTICABLE, BUT IN NO CASE
MORE THAN TWENTY-FOUR HOURS AFTER THE AGENCY HAS TAKEN POSSESSION OF
SUCH GUN. EVERY REPORT MADE TO THE CRIMINAL GUN CLEARINGHOUSE WILL
RESULT IN THE PROMPT SUBMISSION OF A REQUEST TO THE NATIONAL TRACING
CENTER OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO
TRACE THE MOVEMENT OF THE SUBJECT GUN AND SUCH FEDERAL AGENCY WILL BE
REQUESTED TO PROVIDE THE RESULTS OF SUCH A TRACE TO THE SUPERINTENDENT
OF THE DIVISION OF STATE POLICE AND TO THE LAW ENFORCEMENT AGENCY THAT
SUBMITTED THE CLEARINGHOUSE REPORT.
5. [In any case where a state or local law enforcement agency investi-
gates the commission of a crime in this state and a specific gun is
known to have been used in such crime, such agency shall submit a
S. 7505--A 31 A. 9505--A
request to the national tracing center of the United States Department
of Treasury, bureau of alcohol, tobacco and firearms to trace the move-
ment of such gun and such federal agency shall be requested to provide
the superintendent of the division of state police and the local law
enforcement agency with the results of such a trace. This subdivision
shall not apply where the source of a gun is already known to a local
law enforcement agency.] ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES
SHALL PARTICIPATE IN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES COLLECTIVE DATA SHARING PROGRAM FOR THE PURPOSE OF SHARING
GUN TRACE REPORTS AMONG ALL LAW ENFORCEMENT AGENCIES IN THE STATE ON A
RECIPROCAL BASIS.
6. (A) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM THE SCENE
OF A CRIME, OR IS REASONABLY BELIEVED TO HAVE BEEN USED OR ASSOCIATED
WITH THE COMMISSION OF A CRIME, OR IS RECOVERED BY THE AGENCY AS AN
ABANDONED OR DISCARDED GUN, THE AGENCY SHALL ARRANGE FOR EVERY SUCH GUN
THAT IS DETERMINED TO BE SUITABLE FOR TEST-FIRING AND OF A TYPE THAT IS
ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA
ENTRY AND CORRELATION TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE
RESULTS OF THAT TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL
INTEGRATED BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER THE GUN IS
ASSOCIATED OR RELATED TO A CRIME, CRIMINAL EVENT, OR ANY INDIVIDUAL
ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT OR REASONABLY
BELIEVED TO BE ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
(B) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY RECOVERS ANY
AMMUNITION CARTRIDGE CASE THAT IS OF A TYPE THAT IS ELIGIBLE FOR
NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRE-
LATION AT A CRIME SCENE, OR HAS REASON TO BELIEVE THAT SUCH RECOVERED
AMMUNITION CARTRIDGE CASE IS RELATED TO OR ASSOCIATED WITH THE COMMIS-
SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, THE AGENCY SHALL, AS
SOON AS PRACTICABLE, ARRANGE FOR THE BALLISTICS INFORMATION TO BE
SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK.
7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS
ANY GUN, THE AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND
SERIAL NUMBER OF THE GUN INTO THE NATIONAL CRIME INFORMATION CENTER
(NCIC) SYSTEM TO DETERMINE WHETHER THE GUN WAS REPORTED STOLEN.
8. THE SUPERINTENDENT MAY ADOPT RULES AND REGULATIONS TO EFFECTUATE
THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART P
Section 1. Paragraph 13 of subdivision (c) of section 33.13 of the
mental hygiene law, as amended by chapter 491 of the laws of 2008,
subparagraph (ii) as amended by chapter 37 of the laws of 2011, is
amended to read as follows:
13. to the state division of criminal justice services for the sole
purposes of:
(i) providing, facilitating, evaluating or auditing access by the
commissioner of mental health to criminal history information pursuant
to subdivision (i) of section 7.09 of this chapter; or
(ii) providing information to the criminal justice information
services division of the federal bureau of investigation by the commis-
sioner of mental health or the commissioner of developmental disabili-
ties, for the purposes of responding to queries to the national instant
S. 7505--A 32 A. 9505--A
criminal background check system regarding attempts to purchase or
otherwise take possession of firearms, in accordance with applicable
federal laws or regulations[.]; OR
(III) PROVIDING INFORMATION TO PUBLIC ENTITIES RESPONSIBLE FOR DETER-
MINING ELIGIBILITY FOR PURCHASE OR POSSESSION IN STATES OTHER THAN NEW
YORK FOR THE SOLE PURPOSE OF DETERMINING ELIGIBILITY TO PURCHASE,
POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE LAW ENFORCEMENT ENTITY
OBTAINS AND PROVIDES PATIENT CONSENT TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES, WHERE LEGALLY NECESSARY.
§ 2. Paragraph 15 of subdivision (c) of section 33.13 of the mental
hygiene law, as added by chapter 1 of the laws of 2013, is amended to
read as follows:
15. to the division of criminal justice services, names and other
non-clinical identifying information for the sole [purpose] PURPOSES of:
(I) implementing the division's responsibilities and duties under
sections 400.00 and 400.02 of the penal law[.]; OR
(II) PROVIDING INFORMATION TO PUBLIC ENTITIES RESPONSIBLE FOR DETER-
MINING ELIGIBILITY FOR PURCHASE OR POSSESSION IN STATES OTHER THAN NEW
YORK FOR THE SOLE PURPOSE OF DETERMINING ELIGIBILITY TO PURCHASE,
POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE LAW ENFORCEMENT ENTITY
OBTAINS AND PROVIDES PATIENT CONSENT TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES, WHERE LEGALLY NECESSARY.
§ 3. This act shall take effect immediately.
PART Q
Section 1. The penal law is amended by adding a new section 120.65 to
read as follows:
§ 120.65 DOMESTIC VIOLENCE.
A PERSON IS GUILTY OF DOMESTIC VIOLENCE WHEN HE OR SHE:
1. COMMITS A SERIOUS OFFENSE AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
SION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER AND THE PERSON AGAINST
WHOM THE OFFENSE IS COMMITTED IS A MEMBER OF THE SAME FAMILY OR HOUSE-
HOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL
PROCEDURE LAW; OR
2. COMMITS THE CRIME OF ASSAULT IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 120.00 OF THIS ARTICLE, OR CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED IN SECTION
121.11 OF THIS TITLE, FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52 OF
THIS TITLE, OR SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION
130.60 OF THIS TITLE, OR SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED IN
SECTION 130.55 OF THIS TITLE, OR UNLAWFUL IMPRISONMENT IN THE SECOND
DEGREE AS DEFINED IN SECTION 135.05 OF THIS TITLE AND THE PERSON AGAINST
WHOM THE OFFENSE IS COMMITTED IS A CURRENT OR FORMER SPOUSE, PARENT, OR
GUARDIAN OF THE PERSON COMMITTING THE OFFENSE, A PERSON WITH WHOM THE
PERSON COMMITTING THE OFFENSE SHARES A CHILD IN COMMON, A PERSON WHO IS
COHABITING WITH OR HAS COHABITED WITH THE PERSON COMMITTING THE OFFENSE
AS A SPOUSE, PARENT, OR GUARDIAN, OR A PERSON SIMILARLY SITUATED TO A
SPOUSE, PARENT, OR GUARDIAN OF THE PERSON COMMITTING THE OFFENSE.
DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
§ 2. Paragraph (c) of subdivision 17 of section 265.00 of the penal
law, as added by chapter 60 of the laws of 2018, is amended to read as
follows:
(c) any of the following offenses, where the defendant and the person
against whom the offense was committed were members of the same family
or household as defined in subdivision one of section 530.11 of the
S. 7505--A 33 A. 9505--A
criminal procedure law [and as established pursuant to section 370.15 of
the criminal procedure law]: assault in the third degree; menacing in
the third degree; menacing in the second degree; criminal obstruction of
breathing or blood circulation; unlawful imprisonment in the second
degree; coercion in the third degree; criminal tampering in the third
degree; criminal contempt in the second degree; harassment in the first
degree; aggravated harassment in the second degree; criminal trespass in
the third degree; criminal trespass in the second degree; arson in the
fifth degree; or attempt to commit any of the above-listed offenses.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
PART R
Section 1. Short title. This act shall be known and may be cited as
the "New York Hate Crime Anti-Terrorism Act".
§ 2. The opening paragraph of section 485.00 of the penal law, as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
The legislature finds and determines as follows: criminal acts involv-
ing violence, intimidation and destruction of property based upon bias
and prejudice have become more prevalent in New York state in recent
years. The intolerable truth is that in these crimes, commonly and
justly referred to as "hate crimes", victims are intentionally selected,
in whole or in part, because of their race, color, national origin,
ancestry, gender, gender identity or expression, religion, religious
practice, age, disability or sexual orientation. Hate crimes do more
than threaten the safety and welfare of all citizens. They inflict on
victims incalculable physical and emotional damage and tear at the very
fabric of free society. Crimes motivated by invidious hatred toward
particular groups not only harm individual victims but send a powerful
message of intolerance and discrimination to all members of the group to
which the victim belongs. Hate crimes can and do intimidate and disrupt
entire communities and vitiate the civility that is essential to healthy
democratic processes. In a democratic society, citizens cannot be
required to approve of the beliefs and practices of others, but must
never commit criminal acts on account of them. [Current law] HOWEVER,
THESE CRIMINAL ACTS DO OCCUR AND ARE OCCURRING MORE AND MORE FREQUENTLY.
QUITE OFTEN, THESE CRIMES OF HATE ARE ALSO ACTS OF TERROR. THE RECENT
ATTACKS IN MONSEY, NEW YORK AS WELL AS THE SHOOTINGS IN EL PASO, TEXAS;
PITTSBURGH, PENNSYLVANIA; SUTHERLAND SPRINGS, TEXAS; ORLANDO, FLORIDA;
AND CHARLESTON, SOUTH CAROLINA ILLUSTRATE THAT MASS KILLINGS ARE OFTEN
APOLITICAL, MOTIVATED BY THE HATRED OF A SPECIFIC GROUP COUPLED WITH A
DESIRE TO INFLICT MASS CASUALTIES. THE CURRENT LAW EMPHASIZES THE POLI-
TICAL MOTIVATION OF AN ACT OVER ITS CATASTROPHIC EFFECT AND does not
adequately recognize the harm to public order and individual safety that
hate crimes cause. Therefore, our laws must be strengthened to provide
clear recognition of the gravity of hate crimes and the compelling
importance of preventing their recurrence.
§ 3. Subdivision 3 of section 485.05 of the penal law, as amended by
section 9 of part NN of chapter 55 of the laws of 2018, is amended to
read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old); section 120.13 (menacing in the
S. 7505--A 34 A. 9505--A
first degree); section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20 (reckless endan-
germent in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section 130.35 (rape in the first
degree); subdivision one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual abuse in the
first degree); paragraph (a) of subdivision one of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of subdi-
vision one of section 130.70 (aggravated sexual abuse in the first
degree); section 135.05 (unlawful imprisonment in the second degree);
section 135.10 (unlawful imprisonment in the first degree); section
135.20 (kidnapping in the second degree); section 135.25 (kidnapping in
the first degree); section 135.60 (coercion in the third degree);
section 135.61 (coercion in the second degree); section 135.65 (coercion
in the first degree); section 140.10 (criminal trespass in the third
degree); section 140.15 (criminal trespass in the second degree);
section 140.17 (criminal trespass in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in the second
degree); section 140.30 (burglary in the first degree); section 145.00
(criminal mischief in the fourth degree); section 145.05 (criminal
mischief in the third degree); section 145.10 (criminal mischief in the
second degree); section 145.12 (criminal mischief in the first degree);
section 150.05 (arson in the fourth degree); section 150.10 (arson in
the third degree); section 150.15 (arson in the second degree); section
150.20 (arson in the first degree); section 155.25 (petit larceny);
section 155.30 (grand larceny in the fourth degree); section 155.35
(grand larceny in the third degree); section 155.40 (grand larceny in
the second degree); section 155.42 (grand larceny in the first degree);
section 160.05 (robbery in the third degree); section 160.10 (robbery in
the second degree); section 160.15 (robbery in the first degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four of section 240.30 (aggravated harassment in the second degree);
SECTION 490.10 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM
IN THE SECOND DEGREE); SECTION 490.15 (SOLICITING OR PROVIDING SUPPORT
FOR AN ACT OF TERRORISM IN THE FIRST DEGREE); SECTION 490.20 (MAKING A
TERRORISTIC THREAT); SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30
(HINDERING PROSECUTION OF TERRORISM IN THE SECOND DEGREE); SECTION
490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION
490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
THE THIRD DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.45 (CRIM-
INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.55 (CRIM-
INAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
or any attempt or conspiracy to commit any of the foregoing offenses.
§ 4. The penal law is amended by adding two new sections 490.27 and
490.28 to read as follows:
S. 7505--A 35 A. 9505--A
§ 490.27 DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND
DEGREE.
A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED
BY HATE IN THE SECOND DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE
DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS, IN
WHOLE OR IN SUBSTANTIAL PART BECAUSE OF THE PERCEIVED RACE, COLOR,
NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI-
GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH
OTHER PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION IS
CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION, ATTEMPTS
TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, SUCH FIVE OR MORE
PERSONS, PROVIDED THAT THE VICTIMS ARE NOT PARTICIPANTS IN THE CRIMINAL
TRANSACTION.
DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE IS A
CLASS A-I FELONY.
§ 490.28 DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED
BY HATE IN THE FIRST DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE
DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS, IN
WHOLE OR IN SUBSTANTIAL PART BECAUSE OF THE PERCEIVED RACE, COLOR,
NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI-
GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH
OTHER PERSON OR PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION
IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION:
1. CAUSES THE DEATH OF AT LEAST ONE OTHER PERSON, PROVIDED THAT THE
VICTIM OR VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND
2. CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF FOUR OR MORE ADDITIONAL
OTHER PERSONS, PROVIDED THAT THE VICTIMS ARE NOT A PARTICIPANT IN THE
CRIMINAL TRANSACTION; AND
3. THE DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME OF THE
COMMISSION OF THE CRIME.
DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE IS A
CLASS A-I FELONY.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED
OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE, THE
SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE.
§ 5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by section 3 of part A of chapter 1 of the
laws of 2004, is amended to read as follows:
(q) Soliciting or providing support for an act of terrorism in the
second degree as defined in section 490.10 of the penal law, soliciting
or providing support for an act of terrorism in the first degree as
defined in section 490.15 of the penal law, making a terroristic threat
as defined in section 490.20 of the penal law, crime of terrorism as
defined in section 490.25 of the penal law, DOMESTIC ACT OF TERRORISM
MOTIVATED BY HATE IN THE SECOND DEGREE AS DEFINED IN SECTION 490.27 OF
THE PENAL LAW, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST
DEGREE AS DEFINED IN SECTION 490.28 OF THE PENAL LAW, hindering prose-
cution of terrorism in the second degree as defined in section 490.30 of
the penal law, hindering prosecution of terrorism in the first degree as
defined in section 490.35 of the penal law, criminal possession of a
chemical weapon or biological weapon in the third degree as defined in
section 490.37 of the penal law, criminal possession of a chemical weap-
on or biological weapon in the second degree as defined in section
490.40 of the penal law, criminal possession of a chemical weapon or
S. 7505--A 36 A. 9505--A
biological weapon in the first degree as defined in section 490.45 of
the penal law, criminal use of a chemical weapon or biological weapon in
the third degree as defined in section 490.47 of the penal law, criminal
use of a chemical weapon or biological weapon in the second degree as
defined in section 490.50 of the penal law, and criminal use of a chemi-
cal weapon or biological weapon in the first degree as defined in
section 490.55 of the penal law.
§ 6. Domestic terrorism task force. (a) There is hereby created the
domestic terrorism task force to examine, evaluate and determine how to
prevent mass shootings by domestic terrorists, consisting of nine
members, each to serve until two years after the effective date of this
act.
(b) (1) Such members shall be appointed as follows: one member shall
be the commissioner of the division of criminal justice services; one
member shall be the superintendent of state police; three members shall
be appointed by the governor; one member shall be appointed by the
temporary president of the senate; one member shall be appointed by the
minority leader of the senate; one member shall be appointed by the
speaker of the assembly; and one member shall be appointed by the minor-
ity leader of the assembly. Appointments shall be made within sixty days
of the effective date of this act. Vacancies in the task force shall be
filled in the same manner provided for original appointments.
(2) All appointees shall have expertise in fields or disciplines
related to criminal justice or violence prevention.
(3) The task force shall be chaired by the commissioner of the divi-
sion of criminal justice services. The task force shall elect a vice-
chair by majority vote and other necessary officers from among all
appointed members.
(4) The task force shall meet at least quarterly at the call of the
chair. Meetings may be held via teleconference. Special meetings may be
called by the chair at the request of a majority of the members of the
task force.
(5) Members of the task force shall receive no compensation for their
services but shall be reimbursed for their actual expenses incurred in
the performance of their duties in the work of the task force.
(c) The task force shall:
(1) study mass shooting incidents;
(2) recommend practices to identify potential mass shooters and
prevent mass shooting incidents; and
(3) recommend practices to provide for the security of locations like-
ly to be targeted by a mass shooter.
(d) The task force may establish advisory committees as it deems
appropriate on matters relating to the task force's functions, powers
and duties. Such committees shall be chaired by a task force member, but
may be composed of task force members as well as other individuals
selected by the task force to provide expertise of interest specific to
the charge of such committees.
(e) The task force may, as it deems appropriate, request that studies,
surveys and analyses relating to the task force's powers and duties be
performed by any state department, commission, agency or public authori-
ty. All state departments, commissions, agencies or public authorities
shall provide information and advice in a timely manner and otherwise
assist the task force with its work; provided however, any information
or records otherwise confidential and privileged in accordance with
state or federal law that are provided to the task force pursuant to
S. 7505--A 37 A. 9505--A
this subdivision shall remain confidential as provided by such state or
federal law.
(f) The task force shall provide a preliminary report to the governor
and the legislature of its findings, conclusions, recommendations and
activities already undertaken by the task force, not later than thirteen
months after the effective date of this act, and a final report of its
findings, conclusions, recommendations and activities already undertaken
by the task force, not later than twenty-two months after the effective
date of this act and shall submit with its reports legislative proposals
as it deems necessary to implement its recommendations.
§ 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
PART S
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 TWENTY-ONE THERE
SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT
AMOUNT FOR AMOUNTS (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPEN-
DENTS, 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 receiv-
ing a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be
included with payments of his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover the cost of reimbursing
federal old-age, survivors and disability insurance program premium
charges under this section. This cost shall be included in the calcu-
lation of premium or subscription charges for health coverage provided
to employees and retired employees of the state, public authorities,
public benefit corporations or other quasi-public organizations of the
state; provided, however, the state, public authorities, public benefit
corporations or other quasi-public organizations of the state shall
remain obligated to pay no less than its share of such increased cost
consistent with its share of premium or subscription charges provided
for by this article. All other employer contributions to the health
insurance fund shall be adjusted as necessary to provide for such
payments.
S. 7505--A 38 A. 9505--A
§ 2. This act shall take effect immediately and shall apply on January
1, 2020 for the income related monthly adjustment amount for amounts,
premiums, incurred on or after January 1, 2020.
PART T
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.
PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF
THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM.
§ 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
§ 16. Rate of interest on judgments and accrued claims against the
state. The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE.
FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY
YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
§ 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART U
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 FORTY-FOUR DOLLARS AND SIXTY CENTS PER
MONTH. Where appropriate, such STANDARD MEDICARE PREMIUM amount may be
deducted from contributions payable by the employee or retired employee;
S. 7505--A 39 A. 9505--A
or where appropriate in the case of a retired employee receiving a
retirement allowance, such STANDARD MEDICARE PREMIUM amount may be
included with payments of his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover the cost of reimbursing
federal old-age, survivors and disability insurance program premium
charges under this section. This cost shall be included in the calcu-
lation of premium or subscription charges for health coverage provided
to employees and retired employees of the state, public authorities,
public benefit corporations or other quasi-public organizations of the
state; provided, however, the state, public authorities, public benefit
corporations or other quasi-public organizations of the state shall
remain obligated to pay no less than its share of such increased cost
consistent with its share of premium or subscription charges provided
for by this article. All other employer contributions to the health
insurance fund shall be adjusted as necessary to provide for such
payments.
§ 2. This act shall take effect immediately and shall apply to the
standard medicare premium amount on and after April 1, 2020.
PART V
Section 1. Section 167 of the civil service law is amended by adding a
new subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE STATE'S
CONTRIBUTION FOR THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE
COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE
AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS
ARTICLE AND WHO ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY
SHALL BE AS SET FORTH IN THIS SUBDIVISION.
(A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT
OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE,
THE STATE SHALL PAY SEVENTY-FOUR PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES.
(B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF
S. 7505--A 40 A. 9505--A
PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A
POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS
OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH
RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE
PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF
SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES.
(C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
(D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
(E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT
OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO
THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS
OF SERVICE.
(F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
(1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM;
(2) MEMBERS IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE
JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED IN
SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND
(3) ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY,
ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT.
(G) FOR THE PURPOSES OF DETERMINING THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE
S. 7505--A 41 A. 9505--A
EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO
ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY, THE STATE
SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS
ACCRUED IN A PUBLIC RETIREMENT SYSTEM OF THE STATE OR AN OPTIONAL
RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE THREE, EIGHT-B, OR
ONE HUNDRED TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS
PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE HEALTH
INSURANCE COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL
IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM AS A RETIREE.
§ 2. This act shall take effect October 1, 2020.
PART W
Section 1. Paragraph (h) of subdivision 1 of section 209-a of the
civil service law, as amended by section 1 of part E of chapter 55 of
the laws of 2019, is amended to read as follows:
(h) to disclose home addresses, personal telephone numbers, personal
cell phone numbers, personal e-mail addresses of a public employee, as
the term "public employee" is defined in subdivision seven of section
two hundred one of this article, except (i) where required pursuant to
the provisions of this article, [and] (ii) to the extent compelled to do
so by lawful service of process, subpoena, court order, OR (III) IN
ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHT OF THIS
ARTICLE, or as otherwise required by law. This paragraph shall not
prohibit other provisions of law regarding work-related, publicly avail-
able information such as title, salary, and dates of employment.
§ 2. Paragraph (b) of subdivision 4 of section 208 of the civil
service law, as added by section 1 of part RRR of chapter 59 of the laws
of 2018, is amended and a new paragraph (c) is added to read as follows:
(b) Within thirty days of providing the notice in paragraph a of this
subdivision, a public employer shall allow a duly appointed represen-
tative of the employee organization that represents that bargaining unit
to meet with such employee for a reasonable amount of time during his or
her work time without charge to leave credits, unless otherwise speci-
fied within an agreement bargained collectively under article fourteen
of the civil service law, provided however that arrangements for such
meeting must be scheduled in consultation with a designated represen-
tative of the public employer[.]; AND
(C) UPON THE REQUEST OF THE CERTIFIED AND RECOGNIZED EMPLOYEE ORGAN-
IZATION, AND IF THE PUBLIC EMPLOYER CONDUCTS NEW EMPLOYEE ORIENTATIONS,
THE PUBLIC EMPLOYER SHALL PROVIDE THE EMPLOYEE ORGANIZATION MANDATORY
ACCESS TO SUCH NEW EMPLOYEE ORIENTATIONS. THE EMPLOYEE ORGANIZATION
SHALL RECEIVE NOT LESS THAN TEN DAYS' NOTICE IN ADVANCE OF AN ORIEN-
TATION, EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED IN A SPECIFIC
INSTANCE WHERE THERE IS AN URGENT NEED CRITICAL TO THE EMPLOYER'S OPER-
ATIONS THAT WAS NOT REASONABLY FORESEEABLE TO PROVIDE SUCH NOTICE. THE
STRUCTURE, TIME, AND MANNER OF EXCLUSIVE REPRESENTATIVE ACCESS SHALL BE
DETERMINED THROUGH MUTUAL AGREEMENT BETWEEN THE EMPLOYER AND THE EMPLOY-
EE ORGANIZATION.
§ 3. Section 215 of the civil service law, as added by section 1 of
part DD of chapter 56 of the laws of 2019, is amended to read as
follows:
§ 215. [Agency] DUES OR AGENCY shop fee deductions. 1. Notwithstanding
any other law to the contrary, any public employer, any employee organ-
ization, the comptroller and the board, or any of their employees or
agents, shall not be liable for, and shall have a complete defense to,
S. 7505--A 42 A. 9505--A
any claims or actions under the laws of this state for requiring,
deducting, receiving, or retaining DUES OR agency shop fee deductions
from public employees, and current or former public employees shall not
have standing to pursue these claims or actions, if the DUES OR fees
were permitted or mandated at the time under the laws of this state then
in force and paid, through payroll deduction or otherwise, prior to June
twenty-seventh, two thousand eighteen.
2. This section shall apply to claims and actions pending or filed on
or after June twenty-seventh, two thousand eighteen.
3. The enactment of this section shall not be interpreted to create
the inference that any relief made unavailable by this section would
otherwise be available.
§ 4. This act shall take effect immediately.
PART X
Section 1. Section 103 of the state technology law is amended by
adding a new subdivision 22 to read as follows:
22. TO ISSUE PROCUREMENTS FOR TECHNOLOGY, AS DEFINED IN SECTION ONE
HUNDRED ONE OF THIS ARTICLE, IN THE MANNER AS PRESCRIBED IN THIS SUBDI-
VISION.
(A) NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE
MAY ISSUE SOLICITATIONS FOR COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS
AND MAY AWARD COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS FOR TECHNOLOGY
AS PRESCRIBED IN THIS SUBDIVISION. A COMPREHENSIVE TECHNOLOGY SERVICE
CONTRACT SHALL MEAN ANY CONTRACT FOR BOTH THE DESIGN AND BUILD OF ANY
TECHNOLOGY BY A SINGLE ENTITY OR MULTIPLE ENTITIES ACTING AS ONE, WHICH
MAY INCLUDE ANY AND ALL TECHNOLOGY AS DEFINED IN THIS ARTICLE AND SHALL
RESULT IN A COMPLETE AND OPERABLE SYSTEM DELIVERED TO THE STATE.
(B) FOR ALL PROCUREMENTS CONDUCTED PURSUANT TO THIS SECTION, THE
OFFICE SHALL ADVERTISE IN THE CONTRACT REPORTER AND ON THE WEBSITE OF
THE OFFICE FOR NO LESS THAN FIFTEEN BUSINESS DAYS, A REQUEST FOR
PROPOSALS WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE WORK TO BE
PERFORMED, ANY MINIMUM AND MANDATORY QUALIFICATIONS, A BRIEF DESCRIPTION
OF HOW THE PROPOSALS WILL BE SCORED, AND ANY OTHER CRITERIA THAT THE
OFFICE DEEMS NECESSARY AND APPROPRIATE. SCORING CRITERIA SHALL BE DRAFT-
ED AND SEALED BY THE OFFICE PRIOR TO THE OPENING OF ANY BIDS. SUCH SCOR-
ING CRITERIA SHALL BE OBJECTIVE TO THE EXTENT PRACTICABLE AND SHALL
INCLUDE COST. IF THE WINNING PROPOSAL SCORES LESS THAN FIVE PERCENT
HIGHER THAN THE PENULTIMATE PROPOSAL, THE OFFICE SHALL BE EMPOWERED TO
REQUEST SUCH TWO BIDDERS TO RE-SUBMIT THEIR COST PROPOSALS WITH THE SAME
OR LOWER COST WITHIN TEN BUSINESS DAYS' NOTICE, WHICH THE OFFICE SHALL
THEN EVALUATE BASED ON THE ORIGINAL SEALED SCORING CRITERIA FOR FINAL
AWARD.
(C) THE OFFICE SHALL INCLUDE IN EVERY CONTRACT AWARDED PURSUANT TO
THIS SECTION A CLAUSE WHICH LIMITS THE ABILITY OF ANY COST INCREASE OF
THE CONTRACT TO NO MORE THAN TEN PERCENT OF THE ORIGINAL BID PRICE OF
THE CONTRACTOR. ANY REQUEST FOR AN INCREASE IN CONTRACT PRICE SHALL BE
SUBJECT TO APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET AND
THE OFFICE OF THE STATE COMPTROLLER. SUCH CLAUSE SHALL ALSO SPECIFY THAT
IF THE VENDOR REFUSES TO COMPLETE THE CONTRACT ACCORDING TO THE SPECIFIC
TERMS OF THE CONTRACT AS SOLELY DETERMINED BY THE STATE AND UNLESS
OTHERWISE AGREED TO IN WRITING BY THE STATE, THE CONTRACTOR SHALL BE
LIABLE FOR RETURN OF ALL MONIES PAID BY THE STATE TO THE CONTRACTOR AS A
RESULT OF THE SUBJECT CONTRACT, DOCUMENTED STATE OUT OF POCKET EXPENSES
S. 7505--A 43 A. 9505--A
UP TO THE TIME OF TERMINATION OF THE CONTRACT FOR WORK PERFORMED BY THE
STATE IN FURTHERANCE OF THE GOALS OF THE CONTRACT, AND ANY DOCUMENTED
COVER COSTS WHICH THE STATE INCURS AS A RESULT OF RE-PROCUREMENT OF THE
CONTRACT, REGARDLESS OF FAULT. THE STATE SHALL ALSO RETAIN ALL TITLE AND
INTEREST IN ANY CUSTOM-BUILT WORK PRODUCT DELIVERED TO THE STATE UP TO
AND INCLUDING THE TIME OF TERMINATION, REGARDLESS OF PAYMENT OR REFUND
OF ASSOCIATED MONIES TO OR BY THE STATE.
(D) ALL TERMS USED IN THIS SECTION SHALL HAVE THE SAME MEANING OTHER-
WISE PRESCRIBED IN THIS CHAPTER OR IN ARTICLES ELEVEN AND NINE OF THE
STATE FINANCE LAW, EXCEPT FOR THOSE SPECIFICALLY DEFINED IN THIS
SECTION.
§ 2. Subdivisions 3 and 4 of section 163-a of the state finance law,
subdivision 3 as added by chapter 430 of the laws of 1997 and subdivi-
sion 4 as amended by section 10 of part O of chapter 55 of the laws of
2012, are amended and a new subdivision 5 is added to read as follows:
3. A vendor has furnished at government request specifications or
information regarding a product or service they provide, but such vendor
has not been directly requested to write specifications for such product
or service or an agency technology procurement proposal; [or]
4. The [state agency together with] DIRECTOR OF the office of informa-
tion technology services, UPON REQUEST BY A STATE AGENCY, determines
that the restriction is not in the best interest of the state[. Such
office shall notify each member of the advisory council established in
article one of the state technology law of any such waiver of these
restrictions.]; OR
5. FOR THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE RESTRICTIONS
CONTAINED WITHIN THIS SECTION SHALL NOT APPLY TO PROCUREMENTS ISSUED
PURSUANT TO SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
§ 3. This act shall take effect immediately.
PART Y
Section 1. Subdivision 10 of section 160 of the state finance law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
10. "Technology" means either a good or a service or a combination
thereof, [that results in a technical method of achieving a practical
purpose or in improvements in productivity] USED IN THE APPLICATION OF
ANY COMPUTER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS
USED IN THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT,
CONTROL, DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF
DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFOR-
MATION APPLIANCES, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUC-
TURE, MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELECTRON-
ICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD,
RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE,
ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTER-
FACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE
ALL ASSOCIATED CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE AND
TRAINING. Goods may be either new or used.
§ 2. Subdivision 5 of section 101 of the state technology law, as
added by chapter 430 of the laws of 1997 and as renumbered by chapter
437 of the laws of 2004, is amended to read as follows:
5. "Technology" means [a good, service, or good and service that
results in a digital, electronic or similar technical method of achiev-
ing a practical purpose or in improvements in productivity, including
but not limited to information management, equipment, software, operat-
S. 7505--A 44 A. 9505--A
ing systems, interface systems, interconnected systems, telecommuni-
cations, data management, networks, and network management, consulting,
supplies, facilities, maintenance and training] EITHER A GOOD OR A
SERVICE OR A COMBINATION THEREOF, USED IN THE APPLICATION OF ANY COMPUT-
ER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS USED IN
THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL,
DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR
VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFORMATION
APPLIANCES, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUCTURE,
MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELECTRONICALLY
COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE,
ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE,
CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTERFACE, SWITCH, OR
DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE ALL ASSOCIATED
CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE, SUPPORT AND TRAINING.
GOODS MAY BE EITHER NEW OR USED.
§ 3. This act shall take effect immediately.
PART Z
Section 1. Section 1 of part S of chapter 56 of the laws of 2010,
relating to establishing a joint appointing authority for the state
financial system project, is amended to read as follows:
Section 1. The division of the budget and office of the state comp-
troller may dedicate such officers and employees as may be needed to a
joint project, which shall be known as the [state] STATEWIDE financial
system project, and which shall be responsible for the development,
implementation and maintenance of a single, statewide financial manage-
ment system for use by the OFFICE OF THE state comptroller and all agen-
cies. The division of the budget and the office of the state comptroller
shall serve jointly as the appointing authority for all titles within
the project, and shall jointly appoint a project [manager] DIRECTOR
therefor. For purposes of appointment and promotion under the civil
service law, the [state] STATEWIDE financial system project shall be
treated as if it were a single department. FOR THE PURPOSES OF PROCURE-
MENT AND CONTRACTING PURSUANT TO THE STATE FINANCE LAW, THE STATEWIDE
FINANCIAL SYSTEM PROJECT SHALL BE TREATED AS A SINGLE DEPARTMENT,
PROVIDED THAT ALL PROCUREMENTS AND CONTRACTS ISSUED AND AGREED TO BY THE
STATEWIDE FINANCIAL SYSTEM PROJECT SHALL BE SUBJECT TO THE APPROVAL OF
THE DIVISION OF THE BUDGET AND THE OFFICE OF THE STATE COMPTROLLER.
§ 2. This act shall take effect immediately.
PART AA
Section 1. Subdivision 12 of section 3 of the public buildings law, as
amended by section 48 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
12. Lease from time to time buildings, rooms or premises in the county
of Albany, and elsewhere as required, for providing space for depart-
ments, commissions, boards and officers of the state government, upon
such terms and conditions as he or she deems most advantageous to the
state. Any such lease shall, however, be for a term not exceeding [ten]
FIFTEEN years, but may provide for optional renewals on the part of the
state, for terms of [ten] FIFTEEN years or less. Each such lease shall
contain a clause stating that the contract of the state thereunder shall
be deemed executory only to the extent of moneys available therefor and
S. 7505--A 45 A. 9505--A
that no liability shall be incurred by the state beyond the money avail-
able for such purpose. Notwithstanding the provisions of any other law,
except section sixteen hundred seventy-six of the public authorities law
relating to use of dormitory authority facilities by the aged, the
commissioner of general services shall have sole and exclusive authority
to lease space for state departments, agencies, commissions, boards and
officers within the county of Albany. Any buildings, rooms or premises,
now or hereafter held by the commissioner of general services under
lease, may be sublet, in part or in whole, provided that in the judgment
of the commissioner, and the occupying department, commission, board,
and officers of the state government, such buildings, rooms or premises
are not for a time needed. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, IF BONDS OR NOTES ARE ISSUED PURSUANT TO SECTION SIXTEEN
HUNDRED EIGHTY-N OF THE PUBLIC AUTHORITIES LAW FOR THE PURPOSE OF
ACQUIRING A BUILDING OR OTHER FACILITY PREVIOUSLY FINANCED BY A LEASE OR
LEASE-PURCHASE OBLIGATION AS AUTHORIZED HEREIN, THE STATE AGENCY WHICH
IS THE TENANT IN OCCUPANCY SHALL BE AUTHORIZED TO REMIT TAX PAYMENTS OR
PAYMENTS IN LIEU OF THEREOF TO THE APPROPRIATE TAXING AUTHORITY IN A
MANNER CONSISTENT WITH THE PROCESS AND TERM ESTABLISHED UNDER THE
ORIGINAL LEASE OR LEASE-PURCHASE FOR THE SUBJECT PROPERTY FOR A PERIOD
COINCIDENT WITH THE TERM OF THE LEASE AS ESTABLISHED AT THE COMMENCEMENT
OF THE TERM THEREOF. THE STATE MAY UNDERTAKE A CERTIORARI REVIEW OF
ASSESSMENTS THAT MAY BE IMPOSED FROM TIME TO TIME.
§ 2. This act shall take effect on the same date as the reversion of
subdivision 12 of section 3 of the public buildings law as provided in
section 27 of chapter 95 of the laws of 2000, as amended.
PART BB
Section 1. Section 139-l of the state finance law, as added by section
1 of subpart A of part KK of chapter 57 of the laws of 2018, is amended
to read as follows:
§ 139-l. Statement on sexual harassment AND REPORTS ON SEXUAL HARASS-
MENT, in bids. 1. (a) Every bid hereafter made to the state or any
public department or agency thereof, where competitive bidding is
required by statute, rule or regulation, for work or services performed
or to be performed or goods sold or to be sold, shall contain the
following statement subscribed by the bidder and affirmed by such bidder
as true under the penalty of perjury:
"By submission of this bid, each bidder and each person signing on
behalf of any bidder certifies, and in the case of a joint bid each
party thereto certifies as to its own organization, under penalty of
perjury, that the bidder has and has implemented a written policy
addressing sexual harassment prevention in the workplace and provides
annual sexual harassment prevention training to all of its employees.
Such policy shall, at a minimum, meet the requirements of section two
hundred one-g of the labor law."
(b) Every bid hereafter made to the state or any public department or
agency thereof, where competitive bidding is not required by statute,
rule or regulation, for work or services performed or to be performed or
goods sold or to be sold, may contain, at the discretion of the depart-
ment, agency or official, the certification required pursuant to para-
graph (a) of this subdivision.
2. (A) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT
OR AGENCY THEREOF, WHERE COMPETITIVE BIDDING IS REQUIRED BY STATUTE,
RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR
S. 7505--A 46 A. 9505--A
GOODS SOLD OR TO BE SOLD, SHALL INCLUDE A REPORT LISTING (I) THE NAME OF
THE BIDDER; (II) THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR ADMINISTRATIVE
RULINGS ARISING FROM ALLEGATIONS OF SEXUAL HARASSMENT DURING THE PRECED-
ING YEAR; (III) TOTAL NUMBER OF EMPLOYEES; (IV) WHETHER ANY EQUITABLE
RELIEF WAS ORDERED AGAINST THE BIDDER IN ANY ADVERSE JUDGMENT OR ADMIN-
ISTRATIVE RULING; (V) THE TOTAL NUMBER OF SETTLEMENTS, DEFINED AS ANY
WRITTEN COMMITMENT OR WRITTEN AGREEMENT, INCLUDING ANY AGREED JUDGMENT,
STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE,
OR OTHERWISE BETWEEN AN EMPLOYEE OR A NONEMPLOYEE AND A BIDDER, UNDER
WHICH THE BIDDER DIRECTLY OR INDIRECTLY PROVIDES TO AN INDIVIDUAL
COMPENSATION OR OTHER CONSIDERATION DUE TO AN ALLEGATION THAT THE INDI-
VIDUAL HAS BEEN A VICTIM OF SEXUAL HARASSMENT, THAT HAS BEEN ENTERED
INTO DURING THE PRECEDING YEAR THAT RELATE TO ANY ALLEGED ACT OF SEXUAL
HARASSMENT THAT OCCURRED IN THE WORKPLACE OF THE BIDDER; AND (VI) THE
TOTAL NUMBER OF SETTLEMENTS ENTERED INTO DURING THE PREVIOUS YEAR THAT
RELATE TO ANY ALLEGED ACT OF SEXUAL HARASSMENT COMMITTED BY A CORPORATE
EXECUTIVE WITHOUT REGARD TO WHETHER THAT BEHAVIOR OCCURRED IN THE WORK-
PLACE OF THE BIDDER. THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL
BE PROVIDED IN ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY THE DIVI-
SION OF HUMAN RIGHTS.
(B) ON OR BEFORE THE FIFTEENTH OF FEBRUARY OF EACH YEAR, COPIES OF THE
REPORTS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION RECEIVED IN THE
PREVIOUS CALENDAR YEAR SHALL BE TRANSMITTED FROM THE CONTRACTING AGENCY
TO THE DIVISION OF HUMAN RIGHTS AND THE OFFICE OF THE STATE COMPTROLLER.
THE OFFICE OF THE STATE COMPTROLLER SHALL PREPARE AN ANNUAL REPORT
SUMMARIZING SUCH DATA, WHICH SHALL BE SUBMITTED TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE
CHAIRPERSONS OF THE SENATE FINANCE, THE ASSEMBLY WAYS AND MEANS COMMIT-
TEES, THE ATTORNEY GENERAL, THE COMMISSIONER OF LABOR, AND THE COMMIS-
SIONER OF THE DIVISION OF HUMAN RIGHTS BY THE THIRTY-FIRST OF JULY EACH
YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. SUCH REPORT SHALL
INCLUDE THE NAME OF THE BIDDER; THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR
ADMINISTRATIVE RULINGS DURING THE PRECEDING YEAR; THE TOTAL NUMBER OF
EMPLOYEES; WHETHER ANY EQUITABLE RELIEF WAS ORDERED AGAINST THE BIDDER
IN ANY ADVERSE JUDGMENT OR ADMINISTRATIVE RULING; AND THE TOTAL NUMBER
OF SETTLEMENTS, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF THIS
SUBDIVISION, ENTERED INTO DURING THE PRECEDING YEAR.
[2.] 3. Notwithstanding the foregoing, the statement required by para-
graph (a) of subdivision one of this section AND THE REPORT REQUIRED BY
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION may be submitted elec-
tronically in accordance with the provisions of subdivision seven of
section one hundred sixty-three of this chapter.
[3.] 4. A bid shall not be considered for award nor shall any award be
made to a bidder who has not complied with [subdivision] SUBDIVISIONS
one AND TWO of this section; provided, however, that if the bidder
cannot make the foregoing certification, such bidder shall so state and
shall furnish with the bid a signed statement which sets forth in detail
the reasons therefor.
[4.] 5. Any bid hereafter made to the state or any public department,
agency or official thereof, by a corporate bidder for work or services
performed or to be performed or goods sold or to be sold, where such bid
contains the statement required by subdivision one of this section AND
THE REPORT REQUIRED BY SUBDIVISION TWO OF THIS SECTION, shall be deemed
to have been authorized by the board of directors of such bidder, and
such authorization shall be deemed to include the signing and submission
S. 7505--A 47 A. 9505--A
of such bid and the inclusion therein of such statement AND SUCH REPORT
as the act and deed of the corporation.
§ 2. This act shall take effect on the first of July next succeeding
the date upon which it shall have become a law and shall apply to all
contracts with the state entered into on and after such effective date.
PART CC
Section 1. Subdivision 3 of section 17 of the alcoholic beverage
control law, as amended by section 8 of chapter 522 of the laws of 2018,
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 AS AGAINST THE HOLDER OF ANY LICENSE ISSUED PURSU-
ANT TO SECTION FORTY OF THIS CHAPTER, and the sum of thirty thousand
dollars as against the holder of a license issued pursuant to sections
thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b, 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 consump-
tion 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 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 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 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 judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending default judgment,
S. 7505--A 48 A. 9505--A
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.
§ 2. Subdivision 3 of section 17 of the alcoholic beverage control
law, as amended by section 9 of chapter 522 of the laws of 2018, 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 AS AGAINST THE HOLDER OF ANY LICENSE ISSUED PURSU-
ANT TO SECTION FORTY OF THIS CHAPTER, and the sum of thirty thousand
dollars as against the holder of a license issued pursuant to sections
thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b, 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 consump-
tion 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 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 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 judgments within the state of New York
unless the division receives full payment of all civil penalties due
S. 7505--A 49 A. 9505--A
within twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in 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 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.
§ 3. The alcoholic beverage control law is amended by adding a new
article 3-A to read as follows:
ARTICLE 3-A
MISCELLANEOUS LICENSES
SECTION 40. HIGHER EDUCATION INSTITUTION LICENSE.
§ 40. HIGHER EDUCATION INSTITUTION LICENSE. 1. ANY COLLEGE OR UNIVER-
SITY ACCREDITED BY THE BOARD OF REGENTS OF THE NEW YORK STATE EDUCATION
DEPARTMENT MAY APPLY TO THE LIQUOR AUTHORITY FOR A HIGHER EDUCATION
INSTITUTION LICENSE AS PROVIDED FOR IN THIS SECTION. SUCH APPLICATION
SHALL BE IN WRITING AND SHALL CONTAIN SUCH INFORMATION AS THE LIQUOR
AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A
CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS SUBDIVISION FOR SUCH
LICENSE. IF THE LIQUOR AUTHORITY SHALL APPROVE THE APPLICATION IT SHALL
ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. THE
ANNUAL FEE FOR A HIGHER EDUCATION INSTITUTION LICENSE SHALL BE TWO THOU-
SAND DOLLARS.
2. A LICENSEE UNDER THIS SECTION SHALL HAVE THE FOLLOWING PRIVILEGES:
(A) TO OPERATE A MANUFACTURING FACILITY OR FACILITIES AT THE LICENSED
PREMISES FOR THE PRODUCTION OF MEAD, BEER, CIDER, LIQUOR, AND WINE; THE
LICENSEE MAY: (I) SELL IN BULK SUCH ALCOHOLIC BEVERAGES TO ANY PERSON
LICENSED UNDER THIS CHAPTER TO MANUFACTURE THE CLASS OF ALCOHOLIC BEVER-
AGE TO BE PURCHASED, OR TO A PERMITTEE ENGAGED IN THE MANUFACTURE OF
PRODUCTS WHICH ARE UNFIT FOR BEVERAGE USE; (II) SELL OR DELIVER SUCH
ALCOHOLIC BEVERAGES TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF
THE PLACE OF SUCH DELIVERY;
(B) TO SELL TO MANUFACTURERS, WHOLESALERS, AND RETAILERS LICENSED OR
PERMITTED IN THIS STATE ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE
LICENSEE WHICH THAT MANUFACTURER, WHOLESALER OR RETAILER MAY SELL. ALL
SUCH ALCOHOLIC BEVERAGES SOLD BY THE LICENSEE MUST BE SECURELY SEALED IN
A CONTAINER AND HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED BY
SECTION ONE HUNDRED SEVEN-A OF THIS CHAPTER;
(C) (I) (A) TO SELL AT RETAIL FOR ON AND OFF PREMISES CONSUMPTION ANY
ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE
LABELED ALCOHOLIC BEVERAGE PROVIDED THAT FOR ON-PREMISES CONSUMPTION THE
LICENSEE REGULARLY KEEPS FOOD AVAILABLE SUCH AS SANDWICHES, SOUPS AND
OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN, AND/OR
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. (B) SALES
MADE UNDER CLAUSE (A) FOR OFF-PREMISES CONSUMPTION MAY BE MADE ONLY TO
S. 7505--A 50 A. 9505--A
CUSTOMERS WHO ARE PHYSICALLY PRESENT UPON THE LICENSED PREMISES AND SUCH
SALE SHALL BE CONCLUDED BY THE CUSTOMER'S TAKING, WITH HIM OR HER, OF
THE SEALED CONTAINERS PURCHASED BY SUCH CUSTOMER AT THE TIME THE CUSTOM-
ER LEAVES THE LICENSED PREMISES. SUCH SALES SHALL NOT BE MADE WHERE THE
ORDER IS PLACED BY LETTER, TELEPHONE, FAX, OR EMAIL, OR WHERE THE
CUSTOMER OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS PHYS-
ICALLY PRESENT UPON THE LICENSED PREMISES; (II) TO OPERATE A RESTAURANT,
HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT
AT THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP-
TION ON THE PREMISES, ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICEN-
SEE AND ANY NEW YORK STATE LABELED ALCOHOLIC BEVERAGE; (III) TO APPLY TO
THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC
BEVERAGES AT RETAIL FOR CONSUMPTION AT THE LICENSED PREMISES. ALL OF
THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER, LIQUOR
OR WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY AS FAR AS
APPLICABLE; (IV) TO SELL ALCOHOLIC BEVERAGES MANUFACTURED BY THE LICEN-
SEE AT THE STATE FAIR, RECOGNIZED COUNTY FAIRS AND AT FARMERS MARKETS
OPERATED ON A NOT-FOR-PROFIT BASIS; (V) TO SELL ALCOHOLIC BEVERAGES
PRODUCED BY THE LICENSEE IN BULK BY THE KEG, CASK, OR BARREL FOR
CONSUMPTION AND NOT FOR RESALE AT A CLAM-BAKE, BARBEQUE, PICNIC OR SIMI-
LAR OUTDOOR GATHERING;
(D) TO MANUFACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH
AS HONEY, MUSTARDS, SAUCES, JAMS, JELLIES, MULLING SPICES AND OTHER
ALCOHOLIC BEVERAGE RELATED FOODS IN ADDITION TO OTHER SUCH FOOD AND
CRAFTS ON AND FROM THE LICENSED PREMISES. SUCH LICENSE SHALL AUTHORIZE
THE HOLDER THEREOF TO STORE AND SELL GIFT ITEMS IN A TAX-PAID ROOM UPON
THE LICENSED PREMISES INCIDENTAL TO THE SALE OF ALCOHOLIC BEVERAGES.
THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES: (I) NON-
ALCOHOLIC BEVERAGES 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 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. SUCH FOOD ITEMS SHALL INCLUDE BUT NEED NOT BE LIMITED TO:
CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, BAKED GOODS, MUSTARDS
AND CRACKERS; (III) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED
FARM PRODUCTS AND ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR
IMMEDIATE CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED
INTO A PACKAGE CONTAINING ALCOHOLIC BEVERAGES; (IV) ALCOHOLIC BEVERAGE
SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM UTILIZED FOR THE
STORAGE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR FOR DECORATIVE
PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE COMBINED
INTO A PACKAGE CONTAINING ALCOHOLIC BEVERAGES; (V) ALCOHOLIC BEVERAGE
EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED TO: HONEY, HOME ALCO-
HOLIC BEVERAGE-MAKING KITS, PUMPS, FILTERS, YEASTS, CHEMICALS AND OTHER
ALCOHOLIC BEVERAGE ADDITIVES, BOTTLING EQUIPMENT, BOTTLES, ALCOHOLIC
BEVERAGE STORAGE AND FERMENTING VESSELS, BARRELS, AND BOOKS OR OTHER
WRITTEN MATERIAL TO ASSIST ALCOHOLIC BEVERAGE MAKERS TO PRODUCE AND
BOTTLE ALCOHOLIC BEVERAGES; AND (VI) SOUVENIR ITEMS, WHICH SHALL
INCLUDE, BUT NEED 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.
(E) TO ENGAGE IN ANY OTHER BUSINESS ON THE LICENSED PREMISES AS IS
COMPATIBLE WITH THE MISSION OF A COLLEGE AND UNIVERSITY AND COMPATIBLE
WITH THE POLICY AND PURPOSES OF THIS CHAPTER IN CONSIDERATION OF THE
S. 7505--A 51 A. 9505--A
EFFECT OF THE PARTICULAR BUSINESSES ON THE COMMUNITY AND AREA IN THE
VICINITY OF THE LICENSED PREMISES.
(F) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW OR OF ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, AND IN ADDITION TO THE ACTIV-
ITIES WHICH MAY OTHERWISE BE CARRIED OUT BY ANY PERSON LICENSED UNDER
THIS SECTION, SUCH PERSON MAY, ON THE PREMISES DESIGNATED IN SUCH
LICENSE: (I) PRODUCE, PACKAGE, BOTTLE, SELL AND DELIVER SOFT DRINKS AND
OTHER NON-ALCOHOLIC BEVERAGES; (II) RECOVER CARBON DIOXIDE AND YEAST;
(III) STORE BOTTLES, PACKAGES AND SUPPLIES NECESSARY OR INCIDENTAL TO
ALL SUCH OPERATIONS; (IV) PACKAGE, BOTTLE, SELL AND DELIVER WINE
PRODUCTS; (V) ALLOW FOR THE PREMISES INCLUDING SPACE AND EQUIPMENT TO BE
RENTED BY A LICENSED TENANT ALCOHOLIC BEVERAGE PRODUCER FOR THE PURPOSES
OF ALTERNATION.
(G) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION. IN PRESCRIBING
SUCH RULES AND REGULATIONS, THE AUTHORITY SHALL PROMOTE THE EXPANSION
AND PROFITABILITY OF ALCOHOLIC BEVERAGE PRODUCTION AND OF TOURISM IN NEW
YORK, THEREBY PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF
NEW YORK SATE AGRICULTURAL LANDS.
3.(A) ANY ACTIVITIES AUTHORIZED UNDER THIS SECTION AND CARRIED OUT BY
AN ENTITY LICENSED PURSUANT TO THIS SECTION SHALL NOT BE VIOLATIVE OF
SUBDIVISION ONE OF SECTION ONE HUNDRED ONE, SUBDIVISION SIXTEEN OF
SECTION ONE HUNDRED FIVE, OR SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED
SIX OF THIS CHAPTER PROVIDED SUCH ENTITY HAS NO INTERESTS DIRECT OR
INDIRECT IN THE MANUFACTURE, WHOLESALE, OR RETAIL OF ALCOHOLIC BEVERAGES
OTHER THAN AT THE LICENSED PREMISES.
(B) PROVIDED HOWEVER THAT IF THE LICENSED ENTITY HAS AN INTEREST IN
THE MANUFACTURE OR WHOLESALE OR ALCOHOLIC BEVERAGES AT ANOTHER LOCATION,
SUCH INTEREST SHALL BE PERMISSIBLE WHERE: (I) THE INTEREST IS TOTAL
OWNERSHIP, OR (II) WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP, AND
(A) THE MANUFACTURER OR WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY,
EXERCISE CONTROL OVER OR PARTICIPATE IN MANAGEMENT OF THE RETAIL BUSI-
NESS OF THE LICENSED ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE
RETAIL BUSINESS OF THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES
FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR PART,
OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; (C) THE
PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER ARE NOT OFFERED
DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS IN THE LOCAL
MARKET ON THE SAME TERMS; AND (D) THE RETAIL BUSINESS OF THE LICENSED
ENTITY PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER
THIS CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS OF SUCH LICENSED
ENTITY WHEN PURCHASING ALCOHOLIC BEVERAGES NOT MANUFACTURED BY THE
LICENSEE.
(C) PROVIDED FURTHER THAT IF THE LICENSED ENTITY HAS AN INTEREST IN
RETAIL SALE OF ALCOHOLIC BEVERAGES AT ANOTHER LOCATION, SUCH INTEREST
SHALL BE PERMISSIBLE WHERE: (I) THE INTEREST IS TOTAL OWNERSHIP, OR (II)
WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP, AND (A) THE RETAILER
DOES NOT, DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER OR PARTICIPATE
IN MANAGEMENT OF THE MANUFACTURING OR WHOLESALING BUSINESS OF THE
LICENSED ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE RETAIL BUSINESS
OF THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES FROM THE MANUFAC-
TURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC
BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; (C) THE RETAIL BUSINESS
PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS
CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS WHEN PURCHASING ALCO-
HOLIC BEVERAGES NOT MANUFACTURES BY THE LICENSEE.
S. 7505--A 52 A. 9505--A
§ 4. Subdivision 1 of section 56-a of the alcoholic beverage control
law, as amended by chapter 522 of the laws of 2018, is 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 thirty, thirty-one, FORTY, 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 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 calendar 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 ninety-nine-b of this chapter if such permit is to be issued
on a calendar year basis, or for an additional bar pursuant to subdivi-
sion 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.
§ 5. This act shall take effect October 1, 2020, provided that the
amendments to subdivision 3 of section 17 of the alcoholic beverage
control law made by section one of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 4 of
chapter 118 of the laws of 2012, as amended, when upon such date the
provisions of section two of this act shall take effect.
PART DD
Section 1. Section 106 of the alcoholic beverage control law is
amended by adding a new subdivision 16 to read as follows:
16. A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE THEATRE
GRANTED PURSUANT TO SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL:
(A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER
TO PROVIDE WRITTEN EVIDENCE OF AGE AS SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER; AND
(B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION;
AND
(C) ONLY PERMIT THE SALE OR DELIVERY OF ALCOHOLIC BEVERAGES DIRECTLY
TO AN INDIVIDUAL HOLDING A TICKET FOR A MOTION PICTURE WITH A MOTION
PICTURE ASSOCIATION OF AMERICA RATING OF "PG-13", "R", OR "NC-17"; AND
(D) NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR PRIOR
TO THE START OF THE FIRST MOTION PICTURE AND CEASE ALL SALES OF ALCOHOL-
IC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE.
§ 2. Subdivision 6 of section 64-a of the alcoholic beverage control
law, as amended by chapter 475 of the laws of 2011, is amended to read
as follows:
S. 7505--A 53 A. 9505--A
6. No special on-premises license shall be granted except for premises
in which the principal business shall be (a) the sale of food or bever-
ages at retail for consumption on the premises or (b) the operation of a
legitimate theatre, INCLUDING A MOTION PICTURE THEATRE THAT IS A BUILD-
ING OR FACILITY WHICH IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR THE
EXHIBITION OF MOTION PICTURES FOR AT LEAST FIVE OUT OF SEVEN DAYS A
WEEK, OR ON A REGULAR SEASONAL BASIS OF NO LESS THAN SIX CONTIGUOUS
WEEKS, TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM SEATING IS PERMANENTLY
AFFIXED TO THE FLOOR AND AT LEAST SIXTY-FIVE PERCENT OF THE MOTION
PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE COMBINED RESULT OF ADMIS-
SION REVENUE FOR THE SHOWING OF MOTION PICTURES AND THE SALE OF FOOD AND
NON-ALCOHOLIC BEVERAGES, or such other lawful adult entertainment or
recreational facility as the liquor authority, giving due regard to the
convenience of the public and the strict avoidance of sales prohibited
by this chapter, shall by regulation classify for eligibility. [Nothing
contained in this subdivision shall be deemed to authorize the issuance
of a license to a motion picture theatre, except those meeting the defi-
nition of restaurant and meals, and where all seating is at tables where
meals are served.]
§ 3. Subdivision 8 of section 64-a of the alcoholic beverage control
law, as added by chapter 531 of the laws of 1964, is amended to read as
follows:
8. Every special on-premises licensee shall regularly keep food avail-
able for sale to its customers for consumption on the premises. The
availability of sandwiches, soups or other foods, whether fresh, proc-
essed, pre-cooked or frozen, shall be deemed compliance with this
requirement. FOR MOTION PICTURE THEATRES LICENSED UNDER PARAGRAPH (B) OF
SUBDIVISION SIX OF THIS SECTION, FOOD THAT IS TYPICALLY FOUND IN A
MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO: POPCORN, CANDY,
AND LIGHT SNACKS, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIRE-
MENT. The licensed premises shall comply at all times with all the regu-
lations of the local department of health. Nothing contained in this
subdivision, however, shall be construed to require that any food be
sold or purchased with any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of food be
substantial or that the receipts of the business other than from the
sale of liquor equal any set percentage of total receipts from sales
made therein.
§ 4. Subdivision 9 of section 64-a of the alcoholic beverage control
law is renumbered subdivision 10 and a new subdivision 9 is added to
read as follows:
9. IN THE CASE OF A MOTION PICTURE THEATRE APPLYING FOR A LICENSE
UNDER THIS SECTION, ANY MUNICIPALITY REQUIRED TO BE NOTIFIED UNDER
SECTION ONE HUNDRED TEN-B OF THIS CHAPTER MAY EXPRESS AN OPINION WITH
RESPECT TO WHETHER THE APPLICATION SHOULD BE APPROVED, AND SUCH OPINION
MAY BE CONSIDERED IN DETERMINING WHETHER GOOD CAUSE EXISTS TO DENY ANY
SUCH APPLICATION.
§ 5. This act shall take effect immediately.
PART EE
Section 1. Subdivision 1 of section 101 of the alcoholic beverage
control law is amended by adding a new paragraph (a-1) to read as
follows:
(A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IT SHALL BE LAWFUL FOR A MANUFACTURER OR WHOLESALER TO HOLD,
S. 7505--A 54 A. 9505--A
DIRECTLY OR INDIRECTLY, AN INTEREST IN A PREMISES LICENSED UNDER THIS
CHAPTER WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL, PROVIDED THAT:
(I) THE MANUFACTURER OR WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY,
EXERCISE CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE RETAILER'S
BUSINESS OR BUSINESS DECISIONS;
(II) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING ALCOHOLIC
BEVERAGES FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE
OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS;
(III) THE PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER ARE
NOT OFFERED DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS
IN THE LOCAL MARKET ON THE SAME TERMS; AND
(IV) THE RETAILER PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER
LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAILER.
§ 2. Subdivision 1 of section 101 of the alcoholic beverage control
law is amended by adding a new paragraph (a-2) to read as follows:
(A-2) THE PROVISIONS OF PARAGRAPHS (A) AND (A-1) OF THIS SUBDIVISION
SHALL NOT APPLY TO A MANUFACTURER OR WHOLESALER WITH COMPLETE OWNERSHIP
OF A PREMISES WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL.
§ 3. Subdivision 1 of section 101 of the alcoholic beverage control
law is amended by adding a new paragraph (c-1) to read as follows:
(C-1) THE DIRECT OR INDIRECT OPERATION AND MANAGEMENT OF A RETAIL
PREMISES LICENSED UNDER THIS CHAPTER BY A MANUFACTURER OR WHOLESALER
WITH COMPLETE OWNERSHIP OF THE PREMISES SHALL NOT CONSTITUTE A PROHIBIT-
ED GIFT OR SERVICE.
§ 4. Section 105 of the alcoholic beverage control law is amended by
adding a new subdivision 16-a to read as follows:
16-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SIXTEEN OF THIS
SECTION, IT SHALL BE LAWFUL FOR A RETAIL LICENSEE FOR OFF-PREMISES
CONSUMPTION TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A MANUFAC-
TURER OR WHOLESALER, PROVIDED THAT:
(A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL
OVER OR PARTICIPATE IN THE MANAGEMENT OF THE MANUFACTURER OR WHOLE-
SALER'S BUSINESS OR BUSINESS DECISIONS;
(B) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING THE
MANUFACTURER OR WHOLESALER'S ALCOHOLIC BEVERAGES TO THE EXCLUSION, IN
WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER
PERSONS; AND
(C) THE RETAIL LICENSEE PURCHASES ITS ALCOHOLIC BEVERAGES FROM A
WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT
HOLD AN INTEREST IN.
§ 5. Section 105 of the alcoholic beverage control law is amended by
adding a new subdivision 16-b to read as follows:
16-B. THE PROVISIONS OF SUBDIVISIONS SIXTEEN AND SIXTEEN-A OF THIS
SECTION SHALL NOT APPLY TO A RETAIL LICENSEE FOR OFF-PREMISES CONSUMP-
TION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER.
§ 6. Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 13-a to read as follows:
13-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THIRTEEN OF THIS
SECTION, IT SHALL BE LAWFUL FOR A RETAIL LICENSEE FOR ON-PREMISES
CONSUMPTION TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A MANUFAC-
TURER OR WHOLESALER LICENSED UNDER THIS CHAPTER, PROVIDED THAT:
(A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL
OVER OR PARTICIPATE IN THE MANAGEMENT OF THE MANUFACTURER OR WHOLE-
SALER'S BUSINESS OR BUSINESS DECISIONS;
(B) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING THE
MANUFACTURER OR WHOLESALER'S ALCOHOLIC BEVERAGES TO THE EXCLUSION, IN
S. 7505--A 55 A. 9505--A
WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER
PERSONS; AND
(C) THE RETAIL LICENSEE PURCHASES ITS ALCOHOLIC BEVERAGES FROM A
WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT
HOLD AN INTEREST IN.
§ 7. Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 13-b to read as follows:
13-B. THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION THIRTEEN AND SUBDI-
VISION THIRTEEN-A SHALL NOT APPLY TO A RETAIL LICENSEE FOR ON-PREMISES
CONSUMPTION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER.
§ 8. This act shall take effect immediately.
PART FF
Section 1. Paragraphs (a) and (b) of subdivision 5 of section 106 of
the alcoholic beverage control law, as amended by chapter 83 of the laws
of 1995, is amended, and a new paragraph (c) is added, to read as
follows:
(a) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, ON
(b) [On] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION ON
any other day between four ante meridiem and eight ante meridiem
(c) ON ANY DAY BETWEEN THREE ANTE MERIDIAN AND SIX ANTE MERIDIAN, FOR
A PREMISES LOCATED WITHIN AN INTERNATIONAL AIRPORT OWNED OR OPERATED BY
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY. THE PROVISIONS OF THIS
PARAGRAPH SHALL NOT BE SUBJECT TO CHANGE PURSUANT TO SUBDIVISION ELEVEN
OF SECTION SEVENTEEN OF THIS CHAPTER.
§ 2. This act shall take effect immediately.
PART GG
Section 1. The section heading and subdivisions 1, 2, 3 and 7 of
section 87 of the workers' compensation law, the section heading and
subdivision 1 as amended and subdivisions 2, 3 and 7 as added by section
20 of part GG of chapter 57 of the laws of 2013, are amended to read as
follows:
[Investment of surplus or reserve] INVESTMENTS. 1. Any of the reserve
funds belonging to the state insurance fund, by order of the commission-
ers, approved by the superintendent of financial services, may be
invested in the types of [securities] INVESTMENTS described in [subdivi-
sions one, two, three, four, five, six, eleven, twelve, twelve-a, thir-
teen, 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 in paragraph]
PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND
FOUR HUNDRED TWO OF THE INSURANCE LAW AND PARAGRAPHS ONE, two, THREE,
FOUR, FIVE, SIX, SEVEN, AND ELEVEN of subsection (a) of section one
thousand four hundred four of the insurance law except that A MINIMUM OF
[up to] five percent of such reserve funds [may] SHALL be invested in
the TYPES OF securities [of any solvent American institution as]
described in [such paragraph irrespective of the rating of such insti-
tution's obligations or other similar qualitative standards described
therein] PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE
THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW.
2. Any [of the surplus] funds belonging to the state insurance fund
EXCEEDING SEVENTY PERCENT OF THE AGGREGATE OF LOSS RESERVES, LOSS
EXPENSE RESERVES, AND UNEARNED PREMIUM RESERVES, by order of the commis-
S. 7505--A 56 A. 9505--A
sioners, approved by the superintendent of financial services, may be
invested 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, twen-
ty-four-a, twenty-four-b, twenty-four-c and twenty-five of section two
hundred thirty-five of the banking law or, up to fifty percent of
surplus funds, in the types of securities or] investments described in
[paragraphs two, three, eight and ten of] PARAGRAPHS ONE THROUGH FOUR OF
SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE
LAW AND 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 in the securities of any solvent American institution as
described in such paragraphs irrespective of the rating of such insti-
tution's obligations or other similar qualitative standards described
therein,] BUT SUCH INVESTMENTS SHALL NOT BE SUBJECT TO THE QUALITATIVE
STANDARDS OR QUANTITATIVE LIMITATIONS WHICH ARE SET FORTH WITH RESPECT
TO ANY INVESTMENT PERMITTED BY SUCH SUBSECTION and, up to fifteen
percent of [surplus] SUCH 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 instru-
ment or derivative transaction except for hedging purposes. [Notwith-
standing 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.]
3. Any [of the surplus or reserve] funds belonging to the state insur-
ance fund, upon like approval of the superintendent of financial
services, may be loaned on the pledge of any such securities. The
commissioners, upon like approval of the superintendent of financial
services, may also sell any of such securities or investments.
7. Notwithstanding any provision in this section, the [surplus and
reserve] funds of the state insurance fund shall not be invested in any
investment that has been found by the superintendent of financial
services to be against public policy or in any investment prohibited by
the provisions of [paragraph six of subsection (a) of section one thou-
sand four hundred four of the insurance law or by the provisions of]
paragraph one, two, three, four, six, SEVEN, eight, nine or ten of
subsection (a) of section one thousand four hundred seven of the insur-
ance law OR IN EXCESS OF ANY LIMITATION PROVIDED UNDER SECTIONS ONE
THOUSAND FOUR HUNDRED EIGHT AND ONE THOUSAND FOUR HUNDRED NINE OF THE
INSURANCE LAW.
§ 2. This act shall take effect July 1, 2020; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2020.
PART HH
S. 7505--A 57 A. 9505--A
Section 1. Paragraph (a) of subdivision 5 of section 54 of the work-
ers' compensation law, as amended by chapter 469 of the laws of 2017, is
amended to read as follows:
(a) Cancellation and termination of insurance contracts. No contract
of insurance issued by an insurance carrier against liability arising
under this chapter shall be cancelled within the time limited in such
contract for its expiration unless notice is given as required by this
section. When cancellation is due to non-payment of premiums and assess-
ments, such cancellation shall not be effective until at least ten days
after a notice of cancellation of such contract, on a date specified in
such notice, shall be filed in the office of the chair and also served
on the employer. When cancellation is due to any reason other than non-
payment of premiums and assessments, such cancellation shall not be
effective until at least thirty days after a notice of cancellation of
such contract, on a date specified in such notice, shall be filed in the
office of the chair and also served on the employer; provided, however,
in either case, that if the employer has secured insurance with another
insurance carrier which becomes effective prior to the expiration of the
time stated in such notice, the cancellation shall be effective as of
the date of such other coverage. No insurer shall refuse to renew any
policy insuring against liability arising under this chapter unless at
least thirty days prior to its expiration notice of intention not to
renew has been filed in the office of the chair and also served on the
employer.
Such notice shall be served on the employer by delivering it to him,
her or it or by sending it by mail, by certified or registered letter,
return receipt requested, addressed to the employer at his, her or its
last known place of business; provided that, if the employer be a part-
nership, then such notice may be so given to any of one of the partners,
and if the employer be a corporation then the notice may be given to any
agent or officer of the corporation upon whom legal process may be
served; and further provided that an employer may designate any person
or entity at any address to receive such notice including the desig-
nation of one person or entity to receive notice on behalf of multiple
entities insured under one insurance policy and that service of notice
at the address so designated upon the person or entity so designated by
delivery or by mail, by certified or registered letter, return receipt
requested, shall satisfy the notice requirement of this section.
[Provided, however, the] THE right to cancellation of a policy of insur-
ance in the state INSURANCE fund, HOWEVER, shall be exercised only for
non-payment of premiums and assessments, OR FAILURE BY THE EMPLOYER TO
COOPERATE WITH A PAYROLL AUDIT, or as provided in section ninety-four of
this chapter. THE STATE INSURANCE FUND MAY CANCEL A POLICY FOR THE
EMPLOYER'S FAILURE TO COOPERATE WITH A PAYROLL AUDIT IF THE EMPLOYER
FAILS (I) EITHER TO MAKE OR KEEP AN APPOINTMENT DURING REGULAR BUSINESS
HOURS WITH A PAYROLL AUDITOR, AFTER THE STATE INSURANCE FUND HAS MADE AT
LEAST TWO ATTEMPTS TO ARRANGE AN APPOINTMENT INCLUDING CONTACTING THE
EMPLOYER'S BROKER OR ACCOUNTANT, IF ANY, OR (II) TO FURNISH BUSINESS
RECORDS IN THE COURSE OF A PAYROLL AUDIT AS REQUIRED PURSUANT TO
SECTIONS NINETY-FIVE AND ONE HUNDRED THIRTY-ONE OF THIS CHAPTER. AT
LEAST FIFTEEN DAYS IN ADVANCE OF SENDING A NOTICE OF CANCELLATION FOR
FAILURE TO COOPERATE WITH A PAYROLL AUDIT, THE STATE INSURANCE FUND
SHALL SEND A WARNING NOTICE TO THE EMPLOYER IN THE SAME MANNER AS
PROVIDED IN THIS SUBDIVISION FOR SERVING A NOTICE OF CANCELLATION. SUCH
NOTICE SHALL SPECIFY A MEANS OF CONTACTING THE STATE INSURANCE FUND TO
SET UP AN AUDIT APPOINTMENT. THE STATE INSURANCE FUND WILL BE REQUIRED
S. 7505--A 58 A. 9505--A
TO PROVIDE ONLY ONE SUCH WARNING NOTICE TO AN EMPLOYER RELATED TO ANY
PARTICULAR PAYROLL AUDIT PRIOR TO CANCELLATION.
The provisions of this subdivision shall not apply with respect to
policies containing coverage pursuant to subsection (j) of section three
thousand four hundred twenty of the insurance law relating to every
policy providing comprehensive personal liability insurance on a one,
two, three or four family owner-occupied dwelling.
In the event such cancellation or termination notice is not filed with
the chair within the required time period, the chair shall impose a
penalty in the amount of up to five hundred dollars for each ten-day
period the insurance carrier or state insurance fund failed to file the
notification. All penalties collected pursuant to this subdivision shall
be deposited in the uninsured employers' fund.
§ 2. Section 93 of the workers' compensation law, as amended by
section 24 of part GG of chapter 57 of the laws of 2013, is amended to
read as follows:
§ 93. Collection of premium in case of default. a. If a policyholder
shall default in any payment required to be made by [him] SUCH POLICY-
HOLDER to the state insurance fund OR SHALL FAIL TO COOPERATE WITH A
PAYROLL AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR OF
THIS CHAPTER, after due notice, [his] SUCH POLICYHOLDER'S insurance in
the state INSURANCE fund may be cancelled and the amount due from [him]
SUCH POLICYHOLDER shall be collected by civil action brought against
[him] SUCH POLICYHOLDER in any county wherein the state insurance fund
maintains an office in the name of the commissioners of the state insur-
ance fund and the same, when collected, shall be paid into the state
insurance fund, and such policyholder's compliance with the provisions
of this chapter requiring payments to be made to the state insurance
fund shall date from the time of the payment of said money to the state
insurance fund.
b. An employer, whose policy of insurance has been cancelled by the
state insurance fund for non-payment of premium and assessments, OR FOR
FAILURE TO COOPERATE WITH A PAYROLL AUDIT, or [withdraws] CANCELLED
pursuant to section ninety-four of this article, is ineligible to
contract for a subsequent policy of insurance with the state insurance
fund [while] UNTIL THE STATE INSURANCE FUND RECEIVES FULL COOPERATION
FROM SUCH EMPLOYER IN COMPLETING ANY PAYROLL AUDIT ON THE CANCELLED
POLICY AND the billed premium on the cancelled policy [remains uncol-
lected] IS PAID, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
COMPLETION OF ANY PAYROLL AUDIT.
c. The state insurance fund shall not be required to write a policy of
insurance for any employer which is owned or controlled or the majority
interest of which is owned or controlled, directly or indirectly, by any
person who directly or indirectly owns or controls or owned or
controlled at the time of cancellation an employer whose former policy
of insurance with the state insurance fund was cancelled for non-payment
of premium and assessments, OR FOR FAILURE TO COOPERATE WITH A PAYROLL
AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of this
article, or who is or was at the time of cancellation the president,
vice-president, secretary or treasurer of such an employer until THE
STATE INSURANCE FUND RECEIVES FULL COOPERATION FROM SUCH EMPLOYER IN
COMPLETING ANY PAYROLL AUDIT AND the billed premium on the cancelled
policy is paid, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
COMPLETION OF ANY PAYROLL AUDIT.
For purposes of this subdivision, "person" [shall include individuals,
partnerships, corporations, and other associations] MEANS ANY INDIVID-
S. 7505--A 59 A. 9505--A
UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY,
JOINT VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY OTHER
LEGAL ENTITY WHATSOEVER.
§ 3. Section 95 of the workers' compensation law, as amended by chap-
ter 135 of the laws of 1998, is amended to read as follows:
§ 95. Record and audit of payrolls. (1) Every employer who is insured
in the state insurance fund shall keep a true and accurate record of the
number of [his] ITS employees, THE CLASSIFICATION OF ITS EMPLOYEES,
INFORMATION REGARDING EMPLOYEE ACCIDENTS and the wages paid by [him]
SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING
SERVICES UNDER A SUBCONTRACT WITH SUCH EMPLOYER WHO IS NOT COVERED UNDER
THE SUBCONTRACTOR'S OWN WORKERS' COMPENSATION INSURANCE POLICY, and
shall furnish, upon demand, a sworn statement of the same. Such record
AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION
PERTAINING TO ANY POLICY PERIOD INCLUDING, BUT NOT LIMITED TO, ANY
PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK,
BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS-
TERS, VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, AND COMPUTER
PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO
SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF
THE BOARD shall be open to inspection BY THE STATE INSURANCE FUND at any
time and as often as may be necessary to verify the number of employees
[and], the amount of the payroll, THE CLASSIFICATION OF EMPLOYEES AND
INFORMATION REGARDING EMPLOYEE ACCIDENTS. Any employer who shall fail
to keep [such] ANY record REQUIRED BY THIS SECTION, who shall willfully
fail to furnish such record or who shall willfully falsify any such
record[,] shall be guilty of a misdemeanor AND SUBJECT TO ANY PENALTIES
OTHERWISE PROVIDED BY LAW.
(2) Employers subject to [subdivision] SUBSECTION (e) of section two
thousand three hundred four of the insurance law and subdivision two of
section eighty-nine of this article shall keep a true and accurate
record of hours worked for all construction classification employees.
The willful failure to keep such record, or the knowing falsification of
any such record, may be prosecuted as insurance fraud in accordance with
the provisions of section 176.05 of the penal law.
§ 4. Subdivision 1 of section 131 of the workers' compensation law, as
amended by chapter 6 of the laws of 2007, is amended to read as follows:
(1) Every employer subject to the provisions of this chapter shall
keep a true and accurate record of the number of [his or her] ITS
employees, the classification of ITS employees, information regarding
employee accidents and the wages paid by [him or her] SUCH EMPLOYER for
a period of four years after each entry therein, [which] AS WELL AS SUCH
RECORDS RELATING TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT
OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK-
ERS' COMPENSATION INSURANCE POLICY. SUCH records shall be open to
inspection at any time, and as often as may be necessary to verify the
same by investigators of the board, by the authorized auditors, account-
ants or inspectors of the carrier with whom the employer is insured, or
by the authorized auditors, accountants or inspectors of any workers'
compensation insurance rating board or bureau operating under the
authority of the insurance law and of which board or bureau such carrier
is a member or the group trust of which the employer is a member. Any
and all records required by law to be kept by such employer upon which
the employer makes or files a return concerning wages paid to employees
AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION
PERTAINING TO ANY POLICY PERIOD INCLUDING, BUT NOT LIMITED TO, ANY
S. 7505--A 60 A. 9505--A
PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK,
BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS-
TERS, VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, AND COMPUTER
PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO
SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF
THE BOARD shall form part of the records described in this section and
shall be open to inspection in the same manner as provided in this
section. Any employer who shall fail to keep such records, who shall
willfully fail to furnish such record as required in this section or who
shall falsify any such records, shall be guilty of a misdemeanor and
subject to a fine of not less than five nor more than ten thousand
dollars in addition to any other penalties otherwise provided by law,
except that any such employer that has previously been subject to crimi-
nal penalties under this section within the prior ten years shall be
guilty of a class E felony, and subject to a fine of not less than ten
nor more than twenty-five thousand dollars in addition to any penalties
otherwise provided by law.
§ 5. This act shall take effect July 1, 2020.
PART II
Section 1. Section 76 of the workers' compensation law is amended by
adding a new subdivision 1-a to read as follows:
1-A. A. THE PURPOSES OF THE STATE INSURANCE FUND ARE HEREBY ENLARGED
TO PERMIT IT TO ENTER AGREEMENTS WITH INSURERS LICENSED TO WRITE WORK-
ERS' COMPENSATION INSURANCE IN STATES OUTSIDE NEW YORK TO ISSUE POLICIES
TO STATE INSURANCE FUND POLICYHOLDERS COVERING THOSE POLICYHOLDERS'
OBLIGATIONS TO SECURE THE PAYMENT OF WORKERS' COMPENSATION BENEFITS
UNDER THE LAWS OF STATES OTHER THAN NEW YORK. THE STATE INSURANCE FUND
SHALL ALSO BE AUTHORIZED TO RECEIVE PREMIUMS INTO ITS WORKERS' COMPEN-
SATION FUND FOR POLICIES WRITTEN UNDER SUCH AGREEMENTS AND TO PAY FROM
SUCH FUND: (I) REIMBURSEMENT OF ALL LOSSES AND LOSS ADJUSTMENT EXPENSES
PAID BY A LICENSED INSURER UNDER SUCH POLICIES; AND (II) FEES TO SUCH A
LICENSED INSURER FOR ADMINISTERING CLAIMS AND POLICIES COVERED BY SUCH
AGREEMENTS.
B. FOR A POLICYHOLDER TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER
THAN NEW YORK PROVIDED THROUGH AGREEMENTS ENTERED UNDER THIS SUBDIVI-
SION, EITHER: (I) THE POLICYHOLDER'S WORKERS' COMPENSATION PREMIUMS WITH
THE STATE INSURANCE FUND COVERING ITS EMPLOYEES UNDER THIS CHAPTER MUST
BE GREATER THAN THE PREMIUMS CHARGED TO COVER THE POLICYHOLDER'S OBLI-
GATIONS TO PAY WORKERS' COMPENSATION BENEFITS IN ALL STATES, IN THE
AGGREGATE, OTHER THAN NEW YORK; OR (II) THE PAYROLL FOR THE
POLICYHOLDER'S OPERATIONS IN NEW YORK MUST BE GREATER THAN THE
POLICYHOLDER'S PAYROLL IN ALL STATES, IN THE AGGREGATE, OTHER THAN NEW
YORK FOR THE PRIOR POLICY PERIOD. FOR DETERMINING ELIGIBILITY, "PREMI-
UMS" MEAN ESTIMATED PREMIUMS AS DETERMINED BY THE STATE INSURANCE FUND
AT THE BEGINNING OF THE POLICY PERIOD. IN ADDITION, FOR A POLICYHOLDER
TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER THAN NEW YORK THROUGH THE
STATE INSURANCE FUND, THE POLICYHOLDER MUST MEET THE STATE INSURANCE
FUND'S UNDERWRITING CRITERIA FOR OTHER STATES COVERAGE AS SPECIFIED BY
RULES OF THE COMMISSIONERS.
§ 2. This act shall take effect immediately.
PART JJ
S. 7505--A 61 A. 9505--A
Section 1. Section 9-211 of the election law is amended by adding a
new subdivision 6 to read as follows:
6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WITHIN FIFTEEN DAYS
AFTER EACH GENERAL, SPECIAL OR PRIMARY ELECTION CONDUCTED BY THE BOARD
OF ELECTIONS, THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED
BY SUCH BOARD SHALL CONDUCT A COMPLETE AUDIT OF THE VOTER VERIFIABLE
AUDIT RECORDS OF EVERY VOTING MACHINE OR SYSTEM WITHIN THE JURISDICTION
OF SUCH BOARD IN THE FOLLOWING CIRCUMSTANCES:
(I) IN A STATE-WIDE ELECTION WHERE A 0.2% MARGIN OF VICTORY EXISTS.
(II) IN ANY PUBLIC ELECTION THAT IS NOT A STATE-WIDE ELECTION WHERE A
0.5% MARGIN OF VICTORY EXISTS.
(B) FOR THE PURPOSES OF THIS SECTION, MARGIN OF VICTORY SHALL MEAN THE
MARGIN OF VICTORY FOR ALL VOTES CAST IN THE ENTIRE ELECTION FOLLOWING
THE INITIAL CANVASS OF VOTES.
(C) AUDITS UNDER THIS SECTION SHALL BE PERFORMED MANUALLY.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to any
election held 120 days or more after such effective date.
PART KK
Section 1. Section 54-l of the state finance law, as added by section
1 of part J of chapter 57 of 2011, paragraph b of subdivision 2 as
amended by section 1 of part X of chapter 55 of the laws of 2014 and
subdivision 5 as added by section 5 of part S of chapter 39 of the laws
of 2019, is amended to read as follows:
§ 54-l. State assistance to eligible cities [and eligible munici-
palities] in which a video lottery gaming facility is located. 1. Defi-
nitions. When used in this section, unless otherwise expressly stated:
[a.] "Eligible city" shall mean a city with a population equal to or
greater than one hundred twenty-five thousand and less than one million
in which a video lottery gaming facility is located and operating as of
January first, two thousand nine pursuant to section sixteen hundred
seventeen-a of the tax law.
[b. "Eligible municipality" shall mean a county, city, town or village
in which a video lottery gaming facility is located pursuant to section
sixteen hundred seventeen-a of the tax law that is not located in a city
with a population equal to or greater than one hundred twenty-five thou-
sand.]
2. [a.] Within the amount appropriated therefor, an eligible city
shall receive an amount equal to the state aid payment received in the
state fiscal year commencing April first, two thousand eight from an
appropriation for aid to municipalities with video lottery gaming facil-
ities.
[b. Within the amounts appropriated therefor, eligible municipalities
shall receive an amount equal to seventy percent of the state aid
payment received in the state fiscal year commencing April first, two
thousand eight from an appropriation for aid to municipalities with
video lottery gaming facilities.]
3. [a.] State aid payments made to an eligible city pursuant to [para-
graph a of] subdivision two of this section shall be used to increase
support for public schools in such city.
[b. State aid payments made to an eligible municipality pursuant to
paragraph b of subdivision two of this section shall be used by such
eligible municipality to: (i) defray local costs associated with a video
S. 7505--A 62 A. 9505--A
lottery gaming facility, or (ii) minimize or reduce real property
taxes.]
4. Payments of state aid pursuant to this section shall be made on or
before June thirtieth of each state fiscal year to the chief fiscal
officer of each eligible city [and each eligible municipality] 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
in the general fund of the state treasury.
[5. The town and county in which the facility defined in paragraph
five of subdivision a of section sixteen hundred seventeen-a of the tax
law is located shall receive assistance payments made pursuant to this
section at the same dollar level realized by the village of Monticello,
Sullivan county, the town of Thompson, Sullivan county, and Sullivan
county. Each village in which the facility defined in paragraph five of
subdivision a of section sixteen hundred seventeen-a of the tax law is
located shall receive assistance payments made pursuant to this section
at the rate of fifty percent of the dollar level realized by the village
of Monticello. Any payments made pursuant to this subdivision shall not
commence until the facility defined in paragraph five of subdivision a
of section sixteen hundred seventeen-a of the tax law has realized
revenue for a period of twelve consecutive months.]
§ 2. This act shall take effect immediately.
PART LL
Section 1. Subdivision 8 of section 239-bb of the general municipal
law, as added by section 1 of part EE of chapter 55 of the laws of 2018,
is amended to read as follows:
8. For each county, new shared services actions [not included] in [a
previously] AN approved and submitted plan pursuant to this section or
part BBB of chapter fifty-nine of the laws of two thousand seventeen,
may be eligible for funding to match savings from such action, subject
to available appropriation. Savings that are actually and demonstrably
realized by the participating local governments are eligible for match-
ing funding. For actions that are part of an approved plan transmitted
to the secretary of state in accordance with paragraph b of subdivision
seven of this section, savings achieved [from] DURING EITHER: (I) Janu-
ary first through December thirty-first from new actions implemented on
or after January first through December thirty-first of the year imme-
diately following an approved [and transmitted] plan, OR (II) JULY FIRST
OF THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE THIRTI-
ETH OF THE SUBSEQUENT YEAR FROM NEW ACTIONS IMPLEMENTED JULY FIRST OF
THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE THIRTIETH
OF THE SUBSEQUENT YEAR may be eligible for matching funding. Only net
savings between local governments for each action would be eligible for
matching funding. Savings from internal efficiencies or any other action
taken by a local government without the participation of another local
government are not eligible for matching funding. Each county and all of
the local governments within the county that are part of any action to
be implemented as part of an approved plan must collectively apply for
the matching funding and agree on the distribution and use of any match-
ing funding in order to qualify for matching funding. EACH COUNTY SHALL
BE AUTHORIZED TO SUBMIT ONE CONSOLIDATED APPLICATION FOR MATCHING FUNDS
FOR EACH APPROVED AND TRANSMITTED PLAN. ALL ACTIONS FROM A PLAN FOR
WHICH MATCHING FUNDS WILL BE REQUESTED SHALL ADHERE TO THE SAME TWELVE-
MONTH PERIOD BEGINNING EITHER JANUARY FIRST OR JULY FIRST. THE SECRETARY
S. 7505--A 63 A. 9505--A
OF STATE SHALL DEVELOP THE APPLICATION WITH ANY NECESSARY REQUIREMENTS
FOR RECEIPT OF STATE MATCHING FUNDS.
§ 2. This act shall take effect immediately.
PART MM
Section 1. Subdivision 1 of section 160.05 of the local finance law,
as added by chapter 67 of the laws of 2013, is amended to read as
follows:
1. There shall be a financial restructuring board for local govern-
ments which shall consist of ten members: the director of the budget who
shall be chair of the board, the attorney general, the state comp-
troller, and the secretary of state, each of whom may designate a repre-
sentative to attend sessions of the board on his or her behalf, and six
members appointed by the governor, one of whom upon the recommendation
of the temporary president of the senate, one of whom upon the recommen-
dation of the speaker of the assembly, and four other members appointed
by the governor, one of whom shall have significant experience in munic-
ipal financial and restructuring matters. In making such appointments,
the governor shall consider regional diversity. Appointees shall serve
at the pleasure of his or her appointing authority. The appointee of the
governor who has been designated as having significant experience in
municipal financial and restructuring matters shall receive fair compen-
sation for his or her services performed pursuant to this section in an
amount to be determined by the director of the budget and all members
shall be reimbursed for all reasonable expenses actually and necessarily
incurred by him or her in the performance of his or her duties. The
board shall have the power to act by an affirmative vote of a majority
of the total number of members PRESENT AT THE MEETING and shall render
its findings and recommendations within six months of being requested to
act by a fiscally eligible municipality. The provisions of section
seventeen of the public officers law shall apply to members of the
board. No member of the board shall be held liable for the performance
of any function or duty authorized by this section. The work of the
board shall be conducted with such staff as the director of the budget,
the secretary of state, the attorney general and the state comptroller
shall make available. All proceedings, meetings and hearings conducted
by the board shall be held in the city of Albany.
§ 2. This act shall take effect immediately.
PART NN
Section 1. Paragraph 3 of subdivision (c) of section 1261 of the tax
law, as amended by section 9 of part SS-1 of chapter 57 of the laws of
2008, is amended to read as follows:
(3) However, the taxes, penalties and interest which (i) the county of
Nassau, (ii) the county of Erie, to the extent the county of Erie is
contractually or statutorily obligated to allocate and apply or pay net
collections to the city of Buffalo and to the extent that such county
has set aside net collections for educational purposes attributable to
the Buffalo school district, or the city of Buffalo or (iii) the county
of Erie is authorized to impose pursuant to section twelve hundred ten
of this article, other than such taxes in the amounts described, respec-
tively, in subdivisions one and two of section one thousand two hundred
sixty-two-e of this part, during the period that such section authorizes
Nassau county to establish special or local assistance programs there-
S. 7505--A 64 A. 9505--A
under, together with any penalties and interest related thereto, and
after the comptroller has reserved such refund fund and such costs,
shall, commencing on the next payment date after the effective date of
this sentence and of each month thereafter, until such date as (i) the
Nassau county interim finance authority shall have no obligations
outstanding, or (ii) the Buffalo fiscal stability authority shall cease
to exist, or (iii) the Erie county fiscal stability authority shall
cease to exist, be paid by the comptroller, respectively, to (i) the
Nassau county interim finance authority to be applied by the Nassau
county interim finance authority, or (ii) to the Buffalo fiscal stabili-
ty authority to be applied by the Buffalo fiscal stability authority, or
(iii) to the Erie county fiscal stability authority to be applied by the
Erie county fiscal stability authority, as the case may be, in the
following order of priority: first pursuant to the Nassau county interim
finance authority's contracts with bondholders or the Buffalo fiscal
stability authority's contracts with bondholders or the Erie county
fiscal stability authority's contracts with bondholders, respectively,
then to pay the Nassau county interim finance authority's operating
expenses not otherwise provided for or the Buffalo fiscal stability
authority's operating expenses not otherwise provided for or the Erie
county fiscal stability authority's operating expenses not otherwise
provided for, respectively, THEN (I) FOR THE NASSAU COUNTY INTERIM
FINANCE AUTHORITY TO PAY TO THE STATE AS SOON AS PRACTICABLE IN THE
MONTHS OF MAY AND DECEMBER EACH YEAR, THE AMOUNT NECESSARY TO FULFILL
THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF NASSAU COUNTY
PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION, OR (II) FOR THE
BUFFALO FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS PRAC-
TICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE PERCENTAGE OF
THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION
REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT TO PARAGRAPH FIVE-A OF
THIS SUBDIVISION THAT EQUATES TO THE PERCENTAGE OF THE COUNTY NET
COLLECTIONS THAT THE CITY OF BUFFALO AND THE BUFFALO CITY SCHOOL
DISTRICT, TOGETHER, ARE DUE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR,
OR (III) FOR THE ERIE COUNTY FISCAL STABILITY AUTHORITY TO PAY TO THE
STATE AS SOON AS PRACTICABLE IN THE MONTHS OF MAY AND DECEMBER EACH
YEAR, THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION
REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT TO PARAGRAPH FIVE-A OF
THIS SUBDIVISION, LESS THE AMOUNT BEING PAID TO THE STATE BY THE BUFFALO
FISCAL STABILITY AUTHORITY IN EACH RESPECTIVE MONTH, and then (i) pursu-
ant to the Nassau county interim finance authority's agreements with the
county of Nassau, which agreements shall require the Nassau county
interim finance authority to transfer such taxes, penalties and interest
remaining after providing for contractual or other obligations of the
Nassau county interim finance authority, and subject to any agreement
between such authority and the county of Nassau, to the county of Nassau
as frequently as practicable; or (ii) pursuant to the Buffalo fiscal
stability authority's agreements with the city of Buffalo, which agree-
ments shall require the Buffalo fiscal stability authority to transfer
such taxes, penalties and interest remaining after providing for
contractual or other obligations of the Buffalo fiscal stability author-
ity, and subject to any agreement between such authority and the city of
Buffalo, to the city of Buffalo or the city of Buffalo school district,
as the case may be, as frequently as practicable; or (iii) pursuant to
the Erie county fiscal stability authority's agreements with the county
of Erie, which agreements shall require the Erie county fiscal stability
authority to transfer such taxes, penalties and interest remaining after
S. 7505--A 65 A. 9505--A
providing for contractual or other obligations of the Erie county fiscal
stability authority, and subject to any agreement between such authority
and the county of Erie, to the county of Erie as frequently as practica-
ble. During the period that the comptroller is required to make payments
to the Nassau county interim finance authority described in the previous
sentence, the county of Nassau shall have no right, title or interest in
or to such taxes, penalties and interest required to be paid to the
Nassau county interim finance authority, except as provided in such
authority's agreements with the county of Nassau. During the period that
the comptroller is required to make payments to the Buffalo fiscal
stability authority described in the second previous sentence, the city
of Buffalo and such school district shall have no right, title or inter-
est in or to such taxes, penalties and interest required to be paid to
the Buffalo fiscal stability authority, except as provided in such
authority's agreements with the city of Buffalo. During the period that
the comptroller is required to make payments to the Erie county fiscal
stability authority described in the third previous sentence, the county
of Erie shall have no right, title or interest in or to such taxes,
penalties and interest required to be paid to the Erie county fiscal
stability authority, except as provided in such authority's agreements
with the county of Erie.
§ 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax law,
as added by section 3 of part PPP of chapter 59 of the laws of 2019, is
amended to read as follows:
(5-a) However, after the comptroller has made the payments TO THE
NASSAU COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY
AUTHORITY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY required by
[paragraphs two,] PARAGRAPH three [and five] of this subdivision, for
each municipality that received a base level grant in state fiscal year
two thousand eighteen-two thousand nineteen but not in state fiscal year
two thousand nineteen-two thousand twenty under the aid and incentives
for municipalities program pursuant to subdivision ten of section
fifty-four of the state finance law, the comptroller shall annually
withhold FROM EACH COUNTY EXCEPT NASSAU AND ERIE from the remaining
taxes, penalties and interest imposed by the county in which a majority
of the population of such municipality resides, AND ON BEHALF OF NASSAU
AND ERIE COUNTIES THE COMPTROLLER SHALL ANNUALLY RECEIVE FROM THE NASSAU
COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY AUTHORI-
TY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY, an amount equal to
the base level grant received by such municipality in state fiscal year
two thousand eighteen-two thousand nineteen and shall annually distrib-
ute, by December fifteenth, two thousand nineteen and by such date annu-
ally thereafter, such amount directly to such municipality, unless such
municipality has a fiscal year ending May thirty-first, then such annual
distribution shall be made by May fifteenth, two thousand twenty and by
such date annually thereafter. No county shall have any right, title or
interest in or to the taxes, penalties and interest required to be with-
held [and] OR distributed pursuant to this paragraph.
§ 3. Subdivision 5 of section 3657 of the public authorities law, as
added by chapter 84 of the laws of 2000, is amended to read as follows:
5. Tax revenues received by the authority pursuant to section twelve
hundred sixty-one of the tax law, together with any other revenues
received by the authority, shall be applied in the following order of
priority: first pursuant to the authority's contracts with bondholders,
then to pay the authority's operating expenses not otherwise provided
for, THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION
S. 7505--A 66 A. 9505--A
(C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW, and then,
subject to the authority's agreements with the county, to transfer the
balance of such tax revenues not required to meet contractual or other
obligations of the authority to the county as frequently as practicable.
§ 4. Subdivision 5 of section 3865 of the public authorities law, as
amended by chapter 86 of the laws of 2004, is amended to read as
follows:
5. Revenues of the authority shall be applied in the following order
of priority: first to pay debt service or for set asides to pay debt
service on the authority's bonds, notes, or other obligations and to
replenish any reserve funds securing such bonds, notes or other obli-
gations of the authority, in accordance with the provision of any inden-
ture or bond resolution of the authority; then to pay the authority's
operating expenses not otherwise provided for; THEN TO PAY TO THE STATE
PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agreement
with the city, for itself or on behalf of the city's dependent school
district and any other covered organization, to transfer as frequently
as practicable the balance of revenues not required to meet contractual
or other obligations of the authority to the city or the city's depend-
ent school district as provided in subdivision seven of this section.
§ 5. Subdivision 5 of section 3965 of the public authorities law, as
added by chapter 182 of the laws of 2005, is amended to read as follows:
5. Revenues of the authority shall be applied in the following order
of priority: first to pay debt service or for set asides to pay debt
service on the authority's bonds, notes, or other obligations and to
replenish any reserve funds securing such bonds, notes or other obli-
gations of the authority in accordance with the provision of indenture
or bond resolution of the authority; then to pay the authority's operat-
ing expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSU-
ANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agree-
ments with the county for itself or on behalf of any covered organiza-
tion to transfer as frequently as practicable the balance of revenues
not required to meet contractual or other obligations of the authority
to the county as provided in subdivision seven of this section.
§ 6. This act shall take effect immediately.
PART OO
Section 1. Section 217 of the county law is amended to read as
follows:
§ 217. County jail. Each county shall continue to maintain a county
jail as prescribed by law; PROVIDED, HOWEVER, THIS SECTION SHALL NOT
PROHIBIT COUNTIES FROM JOINTLY MAINTAINING A COUNTY JAIL PURSUANT TO A
SHARED SERVICES AGREEMENT.
§ 2. Subdivision 1 of section 500-a of the correction law is amended
by adding a new paragraph (h) to read as follows:
(H) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, NOTHING IN THIS
SUBDIVISION SHALL PROHIBIT COUNTIES FROM JOINTLY MAINTAINING A COUNTY
JAIL PURSUANT TO A SHARED SERVICES AGREEMENT.
§ 3. Subdivision 1 of section 500-c of the correction law, as added by
chapter 907 of the laws of 1984, is amended to read as follows:
1. Except as provided in subdivision two of this section, the sheriff
of each county shall have custody of the county jail of such county;
PROVIDED HOWEVER, THAT FOR COUNTIES JOINTLY MAINTAINING A COUNTY JAIL
S. 7505--A 67 A. 9505--A
PURSUANT TO A SHARED SERVICES AGREEMENT, THE SHERIFF OF THE COUNTY IN
WHICH SUCH JAIL IS LOCATED SHALL CONSULT WITH THE SHERIFF OF ANY COUNTY
USING THE JAIL PURSUANT TO A SHARED SERVICES AGREEMENT.
§ 4. Section 500 of the correction law, as amended by chapter 131 of
the laws of 2014, is amended to read as follows:
§ 500. Application of article. The provisions of this article shall
apply to any all local correctional facilities as defined by subdivision
sixteen of section two of this chapter AND SHALL APPLY TO ANY COUNTY
JAIL MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES
AGREEMENT.
§ 5. Subdivision 2 of section 40 of the correction law, as amended by
chapter 247 of the laws of 2018, is amended to read as follows:
2. "Local correctional facility" means any jail, penitentiary, state,
county or municipal lockup, court detention pen, hospital prison ward or
specialized secure juvenile detention facility for older youth, OR JAIL
JOINTLY MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES
AGREEMENT.
§ 6. Subdivision 1 of section 751 of the judiciary law, as amended by
chapter 399 of the laws of 1988, is amended to read as follows:
1. Except as provided in subdivisions (2), (3) and (4), punishment for
a contempt, specified in section seven hundred fifty, may be by fine,
not exceeding one thousand dollars, or by imprisonment, not exceeding
thirty days, in the jail of the county where the court is sitting, or
both, in the discretion of the court. IF THE COUNTY JAIL IN WHICH THE
COURT IS SITTING HAS ENTERED INTO A SHARED SERVICES AGREEMENT TO MAIN-
TAIN A JOINT COUNTY JAIL, THE PERSON MAY BE IMPRISONED IN A JAIL IN
ANOTHER COUNTY THAT IS A PARTY TO THAT AGREEMENT. Where the punishment
for contempt is based on a violation of an order of protection issued
under section 530.12 or 530.13 of the criminal procedure law, imprison-
ment may be for a term not exceeding three months. Where a person is
committed to jail, for the nonpayment of a fine, imposed under this
section, he must be discharged at the expiration of thirty days; but
where he is also committed for a definite time, the thirty days must be
computed from the expiration of the definite time.
Such a contempt, committed in the immediate view and presence of the
court, may be punished summarily; when not so committed, the party
charged must be notified of the accusation, and have a reasonable time
to make a defense.
§ 7. Paragraph (a) of subdivision 16 of section 2 of the correction
law, as amended by section 4 of chapter 681 of the laws of 1990 is
amended to read as follows:
16. (a) "Local correctional facility". Any place operated by a county
or the city of New York as a place for the confinement of persons duly
committed to secure their attendance as witnesses in any criminal case,
charged with crime and committed for trial or examination, awaiting the
availability of a court, duly committed for any contempt or upon civil
process, convicted of any offense and sentenced to imprisonment therein
or awaiting transportation under sentence to imprisonment in a correc-
tional facility, OR JAIL JOINTLY MAINTAINED BY MORE THAN ONE COUNTY
PURSUANT TO A SHARED SERVICES AGREEMENT, or pursuant to any other appli-
cable provisions of law.
§ 8 [7]. This act shall take effect immediately; provided that the
amendments to subdivision 1 of section 500-c of the correction law made
by section three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
S. 7505--A 68 A. 9505--A
PART PP
Section 1. Subparagraph 9 of paragraph d of subdivision 5 of part B of
section 236 of the domestic relations law, as amended by chapter 281 of
the laws of 1980 and as renumbered by chapter 229 of the laws of 2009,
is amended to read as follows:
(9) the probable future financial circumstances of each party INCLUD-
ING ACTS OF DOMESTIC VIOLENCE AS PROVIDED IN SECTION FOUR HUNDRED
FIFTY-NINE-A OF THE SOCIAL SERVICES LAW BY ONE PARTY AGAINST ANOTHER
THAT HAVE INHIBITED OR CONTINUE TO INHIBIT A PARTY'S EARNING CAPACITY OR
ABILITY TO OBTAIN MEANINGFUL EMPLOYMENT;
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART QQ
Section 1. The public authorities law is amended by adding a new
section 3 to read as follows:
§ 3. PAY EQUITY. 1. IN ORDER TO ATTRACT UNUSUAL MERIT AND ABILITY TO
THE SERVICE OF PUBLIC AUTHORITIES IN THE STATE OF NEW YORK, TO STIMULATE
HIGHER EFFICIENCY AMONG THE PERSONNEL, TO PROVIDE SKILLED LEADERSHIP IN
ADMINISTRATION, TO REWARD MERIT AND TO INSURE THE HIGHEST RETURN IN
SERVICES FOR THE NECESSARY COSTS OF ADMINISTRATION, IT IS HEREBY
DECLARED THAT PUBLIC AUTHORITIES SHALL, CONSISTENT WITH THE FEDERAL
EQUAL PAY ACT OF 1963 (29 U.S.C. § 206), THE FEDERAL CIVIL RIGHTS ACT
(42 U.S.C. § 2000E-2), ARTICLE FIFTEEN OF THE EXECUTIVE LAW, AND SECTION
FORTY-C OF THE CIVIL RIGHTS LAW, ENSURE A FAIR, NON-BIASED COMPENSATION
STRUCTURE FOR ALL EMPLOYEES IN WHICH STATUS WITHIN ONE OR MORE PROTECTED
CLASS OR CLASSES IS NOT CONSIDERED EITHER DIRECTLY OR INDIRECTLY IN
DETERMINING THE PROPER COMPENSATION FOR A TITLE OR IN DETERMINING THE
PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES, ENSURE THAT NO EMPLOYEE
WITH STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES SHALL BE PAID
A WAGE AT A RATE LESS THAN THE RATE AT WHICH AN EMPLOYEE WITHOUT STATUS
WITHIN THE SAME PROTECTED CLASS OR CLASSES IN THE SAME ESTABLISHMENT IS
PAID FOR SIMILAR WORK OR SUBSTANTIALLY SIMILAR WORK AND PROVIDE REGULAR
INCREASES IN PAY IN PROPER PROPORTION TO INCREASE OF ABILITY, INCREASE
OF OUTPUT AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN SERVICE.
2. FOR THE PURPOSE OF THIS SECTION:
(A) THE TERM "PROTECTED CLASS" INCLUDES AGE, RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION,
MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,
FAMILIAL STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, AND
ANY EMPLOYEE PROTECTED FROM DISCRIMINATION PURSUANT TO PARAGRAPHS (A),
(B), AND (C) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE
EXECUTIVE LAW, AND ANY INTERN PROTECTED FROM DISCRIMINATION PURSUANT TO
SECTION TWO HUNDRED NINETY-SIX-C OF THE EXECUTIVE LAW.
(B) THE TERM "COMPENSATION" SHALL INCLUDE BUT NOT BE LIMITED TO: ALL
EARNINGS OF AN EMPLOYEE FOR LABOR OR SERVICES RENDERED, REGARDLESS OF
WHETHER THE AMOUNT OF EARNINGS IS PAID ON AN ANNUAL SALARY, HOURLY,
BIWEEKLY OR PER DIEM BASIS; REIMBURSEMENT FOR EXPENSES; HEALTH, WELFARE
AND RETIREMENT BENEFITS; AND VACATION PAY, SICK PAY, SEPARATION OR HOLI-
DAY PAY, OR ANY OTHER FORM OF REMUNERATION.
(C) EMPLOYEES SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE
EMPLOYEES WORK FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN THE SAME
GEOGRAPHICAL REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPU-
S. 7505--A 69 A. 9505--A
LATION DISTRIBUTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICI-
PALITIES.
(D) THE TERM "PUBLIC AUTHORITIES" SHALL MEAN ANY AUTHORITY AS DEFINED
IN SECTION TWO OF THIS TITLE.
3. (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER TO
PAY DIFFERENT COMPENSATION TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE
PURSUANT TO:
(1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
(2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY
OF PRODUCTION;
(3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS;
(4) ANY OTHER BONA FIDE FACTOR OTHER THAN STATUS WITHIN ONE OR MORE
PROTECTED CLASS OR CLASSES, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE.
SUCH FACTOR: (A) SHALL NOT BE BASED UPON OR DERIVED FROM A DIFFERENTIAL
IN COMPENSATION BASED ON STATUS WITHIN ONE OR MORE PROTECTED CLASS OR
CLASSES; AND (B) SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN
QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (I)
THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A
DISPARATE IMPACT ON THE BASIS OF STATUS WITHIN ONE OR MORE PROTECTED
CLASS OR CLASSES, (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS
THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND
(III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRACTICE;
OR
(5) A COLLECTIVE BARGAINING AGREEMENT.
(B) FOR THE PURPOSE OF PARAGRAPH (A) OF THIS SUBDIVISION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
(C) NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
§ 2. This act shall take effect immediately.
PART RR
Section 1. The opening paragraph of subdivision 1 of section 812 of
the family court act, as amended by chapter 109 of the laws of 2019, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, unlawful dissemination or publication of an intimate
image, harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, criminal obstruction of breathing or blood circu-
lation, strangulation in the second degree, strangulation in the first
degree, assault in the second degree, assault in the third degree, an
attempted assault, identity theft in the first degree, identity theft in
the second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree, coercion in the
second degree or coercion in the third degree as set forth in subdivi-
S. 7505--A 70 A. 9505--A
sions one, two and three of section 135.60 of the penal law between
spouses or former spouses, or between parent and child or between
members of the same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then the family court shall have exclusive
jurisdiction over such proceeding. Notwithstanding a complainant's
election to proceed in family court, the criminal court shall not be
divested of jurisdiction to hear a family offense proceeding pursuant to
this section. THE FAMILY COURT MAY ALSO ISSUE AN ORDER OF PROTECTION
BASED ON ANY CIRCUMSTANCES THAT THE COURT DETERMINES REQUIRE AN ORDER
FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION. In any proceeding pursuant to this article, a court shall not
deny an order of protection, or dismiss a petition, solely on the basis
that the acts or events alleged are not relatively contemporaneous with
the date of the petition, the conclusion of the fact-finding or the
conclusion of the dispositional hearing. For purposes of this article,
"disorderly conduct" includes disorderly conduct not in a public place.
For purposes of this article, "members of the same family or household"
shall mean the following:
§ 2. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by section 6 of part NN of chapter 55 of the laws of
2018, is amended to read as follows:
(a) An allegation that: (I) the respondent assaulted or attempted to
assault his or her spouse, or former spouse, parent, child or other
member of the same family or household or engaged in disorderly conduct,
harassment, sexual misconduct, forcible touching, sexual abuse in the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion one of section 130.60 of the penal law, stalking, criminal
mischief, menacing, reckless endangerment, criminal obstruction of
breathing or blood circulation, strangulation, identity theft in the
first degree, identity theft in the second degree, identity theft in the
third degree, grand larceny in the fourth degree, grand larceny in the
third degree, coercion in the second degree or coercion in the third
degree as set forth in subdivisions one, two and three of section 135.60
of the penal law, toward any such person; OR (II) THE RESPONDENT IS THE
SPOUSE, OR FORMER SPOUSE, PARENT, CHILD OR OTHER MEMBER OF THE SAME
FAMILY OR HOUSEHOLD AS THE PETITIONER AND CIRCUMSTANCES EXIST THAT
REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THIS ARTICLE;
§ 3. Subdivision 3-a of section 530.12 of the criminal procedure law,
as added by chapter 186 of the laws of 1997, is amended to read as
follows:
3-a. Emergency powers when family court not in session; issuance of
temporary orders of protection. Upon the request of the petitioner, a
local criminal court may on an ex parte basis issue a temporary order of
protection pending a hearing in family court, provided that a sworn
affidavit, verified in accordance with subdivision one of section 100.30
of this chapter, is submitted: (i) alleging that the family court is not
in session; (ii) alleging that: (A) a family offense, as defined in
subdivision one of section eight hundred twelve of the family court act
and subdivision one of section 530.11 of this article, has been commit-
ted; OR (B) CIRCUMSTANCES EXIST THAT REQUIRE AN ORDER OF PROTECTION FOR
THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT; THE RESPONDENT IS THE
SPOUSE, OR FORMER SPOUSE, PARENT, CHILD OR OTHER MEMBER OF THE SAME
FAMILY OR HOUSEHOLD AS THE PETITIONER AND CIRCUMSTANCES EXIST THAT
S. 7505--A 71 A. 9505--A
REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY
COURT ACT; (iii) alleging that a family offense petition has been filed
or will be filed in family court on the next day the court is in
session; and (iv) showing good cause. Upon appearance in a local crimi-
nal court, the petitioner shall be advised that he or she may continue
with the proceeding either in family court or upon the filing of a local
criminal court accusatory instrument in criminal court or both. Upon
issuance of a temporary order of protection where petitioner requests
that it be returnable in family court, the local criminal court shall
transfer the matter forthwith to the family court and shall make the
matter returnable in family court on the next day the family court is in
session, or as soon thereafter as practicable, but in no event more than
four calendar days after issuance of the order. The local criminal
court, upon issuing a temporary order of protection returnable in family
court pursuant to this subdivision, shall immediately forward, in a
manner designed to insure arrival before the return date set in the
order, a copy of the temporary order of protection and sworn affidavit
to the family court and shall provide a copy of such temporary order of
protection to the petitioner; provided, however, that where a copy of
the temporary order of protection and affidavit are transmitted to the
family court by facsimile or other electronic means, the original order
and affidavit shall be forwarded to the family court immediately there-
after. Any temporary order of protection issued pursuant to this subdi-
vision shall be issued to the respondent, and copies shall be filed as
required in subdivisions six and eight of this section for orders of
protection issued pursuant to this section. Any temporary order of
protection issued pursuant to this subdivision shall plainly state the
date that such order expires which, in the case of an order returnable
in family court, shall be not more than four calendar days after its
issuance, unless sooner vacated or modified by the family court. A peti-
tioner requesting a temporary order of protection returnable in family
court pursuant to this subdivision in a case in which a family court
petition has not been filed shall be informed that such temporary order
of protection shall expire as provided for herein, unless the petitioner
files a petition pursuant to subdivision one of section eight hundred
twenty-one of the family court act on or before the return date in fami-
ly court and the family court issues a temporary order of protection or
order of protection as authorized under article eight of the family
court act. Nothing in this subdivision shall limit or restrict the
petitioner's right to proceed directly and without court referral in
either a criminal or family court, or both, as provided for in section
one hundred fifteen of the family court act and section 100.07 of this
chapter.
§ 4. This act shall take effect immediately.
PART SS
Section 1. The election law is amended by adding a new section
14-116-a to read as follows:
§ 14-116-A. RESTRICTION ON CONTRIBUTIONS FROM FOREIGN-INFLUENCED
CORPORATIONS OR ENTITIES. 1. NO CORPORATION, LIMITED LIABILITY COMPANY,
JOINT-STOCK ASSOCIATION OR OTHER CORPORATE ENTITY DOING BUSINESS IN THIS
STATE THAT IS FOREIGN-INFLUENCED, NOR ANY FOREIGN NATIONAL, SHALL
DIRECTLY OR INDIRECTLY PAY OR USE OR OFFER, CONSENT OR AGREE TO PAY OR
USE ANY MONEY OR PROPERTY FOR OR IN AID OF ANY POLITICAL PARTY, COMMIT-
S. 7505--A 72 A. 9505--A
TEE OR ORGANIZATION, OR FOR, OR IN AID OF, ANY CORPORATION, LIMITED
LIABILITY COMPANY, JOINT-STOCK, OTHER ASSOCIATION, OR OTHER CORPORATE
ENTITY ORGANIZED OR MAINTAINED FOR POLITICAL PURPOSES, OR FOR, OR IN AID
OF, ANY CANDIDATE FOR POLITICAL OFFICE OR FOR NOMINATION FOR SUCH
OFFICE, OR FOR ANY POLITICAL PURPOSE WHATSOEVER, OR FOR THE REIMBURSE-
MENT OR INDEMNIFICATION OF ANY PERSON FOR MONEYS OR PROPERTY SO USED.
ANY OFFICER, DIRECTOR, STOCK-HOLDER, MEMBER, OWNER, ATTORNEY OR AGENT OF
ANY CORPORATION, LIMITED LIABILITY COMPANY, JOINT-STOCK ASSOCIATION OR
OTHER CORPORATE ENTITY WHICH VIOLATES ANY OF THE PROVISIONS OF THIS
SECTION, WHO PARTICIPATES IN, AIDS, ABETS OR ADVISES OR CONSENTS TO ANY
SUCH VIOLATIONS, AND ANY PERSON WHO SOLICITS OR KNOWINGLY RECEIVES ANY
MONEY OR PROPERTY IN VIOLATION OF THIS SECTION, SHALL BE GUILTY OF A
MISDEMEANOR. ANY SUCH CONTRIBUTION MAY RESULT IN THE ASSESSMENT OF A
CIVIL FINE, NOT TO EXCEED TEN THOUSAND DOLLARS PER CONTRIBUTION, IN
ADDITION TO ANY OTHER PENALTIES UNDER THE LAW.
2. FOR PURPOSES OF THIS SECTION, "FOREIGN-INFLUENCED" SHALL MEAN ANY
ENTITY FOR WHICH AT LEAST ONE OF THE FOLLOWING CONDITIONS IS MET:
(A) A SINGLE FOREIGN NATIONAL HOLDS, OWNS, CONTROLS, OR OTHERWISE HAS
DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF FIVE PERCENT OR MORE OF THE
TOTAL EQUITY, OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS, OR OTHER
APPLICABLE OWNERSHIP INTEREST IN THE ENTITY MAKING THE CONTRIBUTION,
EXPENDITURE OR PAYMENT; OR
(B) TWO OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD, OWN, CONTROL,
OR OTHERWISE HAVE DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF TEN PERCENT
OR MORE OF THE TOTAL EQUITY OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS,
OR OTHER APPLICABLE OWNERSHIP INTEREST OF THE ENTITY; OR
(C) ONE OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD MORE THAN TEN
PERCENT OF THE BOARD OF DIRECTOR SEATS IN THE ENTITY'S GOVERNING BOARD;
OR
(D) A FOREIGN NATIONAL PARTICIPATES DIRECTLY OR INDIRECTLY IN THE
ENTITY'S DECISION-MAKING PROCESS WITH RESPECT TO THE ENTITY'S POLITICAL
ACTIVITIES IN THE UNITED STATES, INCLUDING THE ENTITY'S POLITICAL ACTIV-
ITIES WITH RESPECT TO A COVERED ELECTION.
3. FOR PURPOSES OF THIS SECTION, "FOREIGN NATIONAL" SHALL HAVE THE
SAME MEANING AS THE TERM DEFINED IN SUBSECTION B OF SECTION 30121 OF
TITLE 52 OF THE UNITED STATES CODE, INCLUDING BUT NOT LIMITED TO A
FOREIGN GOVERNMENT OR A FOREIGN PRINCIPAL.
§ 2. This act shall take effect June 1, 2020.
PART TT
Section 1. Section 10 of the public officers law, as amended by chap-
ter 29 of the laws of 1977, is amended to read as follows:
§ 10. Official oaths. 1. Every officer shall take and file the oath
of office required by law, and every judicial officer of the unified
court system, in addition, shall file a copy of said oath in the office
of court administration, before he shall be entitled to enter upon the
discharge of any of his official duties. An oath of office may be admin-
istered by a judge of the court of appeals, the attorney general, or by
any officer authorized to take, within the state, the acknowledgment of
the execution of a deed of real property, or by an officer in whose
office the oath is required to be filed or by his duly designated
assistant, or may be administered to any member of a body of officers,
by a presiding officer or clerk, thereof, who shall have taken an oath
of office. An oath of office may be administered to any state or local
officer who is a member of the armed forces of the United States by any
S. 7505--A 73 A. 9505--A
commissioned officer, in active service, of the armed forces of the
United States. In addition to the requirements of any other law, the
certificate of the officer in the armed forces administering the oath of
office under this section shall state (a) the rank of the officer admin-
istering the oath, and (b) that the person taking the oath was at the
time, enlisted, inducted, ordered or commissioned in or serving with,
attached to or accompanying the armed forces of the United States. The
fact that the officer administering the oath was at the time duly
commissioned and in active service with the armed forces, shall be
certified by the secretary of the army, secretary of the air force or by
the secretary of the navy, as the case may be, of the United States, or
by a person designated by him to make such certifications, but the place
where such oath was administered need not be disclosed. The oath of
office of a notary public or commissioner of deeds shall be filed in the
office of the clerk of the county in which he shall reside. The oath of
office of every state officer shall be filed in the office of the secre-
tary of state; of every officer of a municipal corporation, including a
school district, with the clerk thereof; and of every other officer,
including the trustees and officers of a public library and the officers
of boards of cooperative educational services, in the office of the
clerk of the county in which he shall reside, if no place be otherwise
provided by law for the filing thereof.
2. THE OATH OF OFFICE OF A STATEWIDE ELECTED OFFICIAL, MEMBER OF THE
LEGISLATURE, HEAD OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL, AS SUCH
TERMS ARE USED IN SECTION SEVENTY-THREE-A OF THIS CHAPTER, SHALL BE
FILED TOGETHER WITH A CERTIFICATION THAT SUCH OFFICIAL WILL ANNUALLY
FILE HIS OR HER NEW YORK STATE INCOME TAX RETURN WITH THE JOINT COMMIS-
SION ON PUBLIC ETHICS AS REQUIRED BY SECTION SEVENTY-THREE-A OF THIS
CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (E) OF SECTION
SIX HUNDRED NINETY-SEVEN OF THE TAX LAW, SUCH CERTIFICATION SHALL ALSO
CONSTITUTE AUTHORIZATION FOR THE DEPARTMENT OF TAXATION AND FINANCE TO
DISCLOSE TO THE JOINT COMMISSION ON PUBLIC ETHICS ANY INCOME TAX RETURN
FILED WITH SUCH DEPARTMENT THAT WAS REQUIRED TO BE FILED WITH SUCH
COMMISSION PURSUANT TO SECTION SEVENTY-THREE-A OF THIS CHAPTER UPON
NOTIFICATION BY SUCH COMMISSION THAT SUCH RETURN WAS NOT FILED AS SO
REQUIRED.
§ 2. Section 13 of the public officers law is amended to read as
follows:
§ 13. Notice of neglect to file oath or undertaking. The officer or
body making the appointment or certificate of election of a public offi-
cer shall, if the officer be required to give an official undertaking to
be filed in an office other than that in which the written appointment
or certificate of election is to be filed, forthwith give written notice
of such appointment or election to the officer in whose office the
undertaking is to be filed. THE OFFICER OR BODY MAKING THE APPOINTMENT
OR CERTIFICATE OF ELECTION OF A STATEWIDE ELECTED OFFICIAL, MEMBER OF
THE LEGISLATURE, HEAD OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL, AS
SUCH TERMS ARE USED IN SECTION SEVENTY-THREE-A OF THIS CHAPTER, SHALL
ALSO FORTHWITH GIVE WRITTEN NOTICE OF SUCH APPOINTMENT OR ELECTION TO
THE JOINT COMMISSION ON PUBLIC ETHICS. If any officer shall neglect,
within the time required by law, to take and file an official oath, or
execute and file an official undertaking, the officer, with whom or in
whose office such oath or undertaking is required to be filed, shall
forthwith give notice of such neglect, if of an appointive officer, to
the authority appointing such officer; if of an elective officer, to the
officer, board or body authorized to fill a vacancy in such office, if
S. 7505--A 74 A. 9505--A
any, or if none and a vacancy in the office may be filled by a special
election, to the officer, board or body authorized to call or give
notice of a special election to fill such vacancy; except that the
notice of failure of a justice of the peace to file his official oath,
shall be given to the town clerk of the town for which the justice was
elected.
§ 3. Paragraph h of subdivision 1 of section 30 of the public officers
law, as amended by chapter 209 of the laws of 1954, is amended to read
as follows:
h. His refusal or neglect to file his official oath, CERTIFICATION
PURSUANT TO SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER, IF REQUIRED,
or undertaking, if one is required, before or within thirty days after
the commencement of the term of office for which he is chosen, if an
elective office, or if an appointive office, within thirty days after
notice of his appointment, or within thirty days after the commencement
of such term; or to file a renewal undertaking within the time required
by law, or if no time be so specified, within thirty days after notice
to him in pursuance of law, that such renewal undertaking is required.
The neglect or failure of any state or local officer to execute and file
his oath of office, CERTIFICATION REQUIRED BY SUBDIVISION TWO OF SECTION
TEN OF THIS CHAPTER and official undertaking within the time limited
therefor by law, shall not create a vacancy in the office if such offi-
cer was on active duty in the armed forces of the United States and
absent from the county of his residence at the time of his election or
appointment, and shall take his oath of office and execute his official
undertaking within thirty days after receipt of notice of his election
or appointment, and provided such oath of office, CERTIFICATION REQUIRED
BY SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER and official undertak-
ing be filed within ninety days following the date it has been taken and
subscribed, any inconsistent provision of law, general, special, or
local to the contrary, notwithstanding.
§ 4. Subdivision 1 of section 73-a of the public officers law is
amended by adding a new paragraph (n) to read as follows:
(N) THE TERM "ELECTED LOCAL OFFICIAL" SHALL MEAN AN ELECTED OFFICIAL
OF A LOCAL AGENCY WHO RECEIVES ANNUAL COMPENSATION FOR SUCH POSITION IN
EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
§ 5. Paragraphs (a), (e) and (k) of subdivision 2 of section 73-a of
public officers law, paragraphs (a) and (e) as amended and paragraph (k)
as added by section 5 of part A of chapter 399 of the laws of 2011, are
amended to read as follows:
(a) Every statewide elected official, state officer or employee,
member of the legislature, legislative employee and political party
chairman and every candidate for statewide elected office or for member
of the legislature shall file an annual statement of financial disclo-
sure containing the information and in the form set forth in subdivision
three of this section. EVERY STATEWIDE ELECTED OFFICIAL, MEMBER OF THE
LEGISLATURE, OR HEAD OF A STATE AGENCY SHALL ALSO FILE, AND EVERY
ELECTED LOCAL OFFICIAL SHALL FILE A COPY OF HIS OR HER NEW YORK STATE
INCOME TAX RETURN, INCLUDING ANY SCHEDULES AND ATTACHMENTS TO SUCH
RETURN, FOR THE PRECEDING YEAR. On or before the fifteenth day of May
with respect to the preceding calendar year: (1) every member of the
legislature, every candidate for member of the legislature and legisla-
tive employee shall file such statement,AND SUCH TAX RETURN, IF
REQUIRED, with the legislative ethics commission which shall provide
such statement along with any requests for exemptions or deletions, AND
SUCH TAX RETURN, IF REQUIRED, to the joint commission on public ethics
S. 7505--A 75 A. 9505--A
for filing and rulings with respect to such requests for exemptions or
deletions, on or before the thirtieth day of June; [and] (2) all other
individuals required to file such statement shall file it, AND SUCH TAX
RETURN, IF REQUIRED, with the joint commission on public ethics; AND (3)
ANY ELECTED LOCAL OFFICIAL SHALL FILE SUCH TAX RETURN WITH SUCH COMMIS-
SION, except that:
(i) a person who is subject to the reporting requirements of this
subdivision and who timely filed with the internal revenue service an
application for automatic extension of time in which to file his or her
individual income tax return for the immediately preceding calendar or
fiscal year shall be required to file such financial disclosure state-
ment on or before May fifteenth but may, without being subjected to any
civil penalty on account of a deficient statement, indicate with respect
to any item of the disclosure statement that information with respect
thereto is lacking but will be supplied in a supplementary statement of
financial disclosure, which shall be filed, TOGETHER WITH ANY REQUIRED
TAX RETURN, on or before the seventh day after the expiration of the
period of such automatic extension of time within which to file such
individual income tax return, provided that failure to file or to timely
file such supplementary statement of financial disclosure or the filing
of an incomplete or deficient supplementary statement of financial
disclosure shall be subject to the notice and penalty provisions of this
section respecting annual statements of financial disclosure as if such
supplementary statement were an annual statement;
(ii) a person who is required to file an annual financial disclosure
statement with the joint commission on public ethics, and who is granted
an additional period of time within which to file such statement due to
justifiable cause or undue hardship, in accordance with required rules
and regulations on the subject adopted pursuant to paragraph [c] (C) of
subdivision nine of section ninety-four of the executive law shall file
such statement within the additional period of time granted; and the
legislative ethics commission shall notify the joint commission on
public ethics of any extension granted pursuant to this paragraph;
(iii) candidates for statewide office who receive a party designation
for nomination by a state committee pursuant to section 6-104 of the
election law shall file such statement within ten days after the date of
the meeting at which they are so designated;
(iv) candidates for statewide office who receive twenty-five percent
or more of the vote cast at the meeting of the state committee held
pursuant to section 6-104 of the election law and who demand to have
their names placed on the primary ballot and who do not withdraw within
fourteen days after such meeting shall file such statement within ten
days after the last day to withdraw their names in accordance with the
provisions of such section of the election law;
(v) candidates for statewide office and candidates for member of the
legislature who file party designating petitions for nomination at a
primary election shall file such statement within ten days after the
last day allowed by law for the filing of party designating petitions
naming them as candidates for the next succeeding primary election;
(vi) candidates for independent nomination who have not been desig-
nated by a party to receive a nomination shall file such statement with-
in ten days after the last day allowed by law for the filing of inde-
pendent nominating petitions naming them as candidates in the next
succeeding general or special election;
S. 7505--A 76 A. 9505--A
(vii) candidates who receive the nomination of a party for a special
election shall file such statement within ten days after the date of the
meeting of the party committee at which they are nominated;
(viii) a candidate substituted for another candidate, who fills a
vacancy in a party designation or in an independent nomination, caused
by declination, shall file such statement within ten days after the last
day allowed by law to file a certificate to fill a vacancy in such party
designation or independent nomination;
(ix) with respect to all candidates for member of the legislature, the
legislative ethics commission shall within five days of receipt provide
the joint commission on public ethics the statement filed pursuant to
subparagraphs (v), (vi), (vii) and (viii) of this paragraph.
(e) Any person required to file such statement AND/OR FILE SUCH TAX
RETURN who commences employment after May fifteenth of any year and
political party chairman shall file such statement AND, IF REQUIRED,
SUCH TAX RETURN within thirty days after commencing employment or of
taking the position of political party chairman, as the case may be. In
the case of members of the legislature and legislative employees, such
statements shall be filed with the legislative ethics commission within
thirty days after commencing employment, and the legislative ethics
commission shall provide such statements to the joint commission on
public ethics within forty-five days of receipt.
(k) The joint commission on public ethics shall: (I) post for at least
five years beginning for filings made on January first, two thousand
thirteen the annual statement of financial disclosure and any amendments
filed by each person subject to the reporting requirements of this
subdivision who is an elected official on its website for public review
within thirty days of its receipt of such statement or within ten days
of its receipt of such amendment that reflects any corrections of defi-
ciencies identified by the commission or by the reporting individual
after the reporting individual's initial filing. Except upon an individ-
ual determination by the commission that certain information may be
deleted from a reporting individual's annual statement of financial
disclosure, none of the information in the statement posted on the
commission's website shall be otherwise deleted;
(II) POST FOR AT LEAST FIVE YEARS BEGINNING FOR FILINGS MADE FOR THE
TWO THOUSAND NINETEEN CALENDAR YEAR ANY INCOME TAX RETURN FILED PURSUANT
TO THIS SUBDIVISION, PROVIDED, HOWEVER, THAT PRIOR TO POSTING ANY TAX
RETURN TO THE COMMISSION SHALL REDACT SUCH INFORMATION AS IT, IN CONSUL-
TATION WITH THE COMMISSIONER OF TAXATION AND FINANCE OR HIS OR HER DELE-
GATE, DEEMS APPROPRIATE OR REQUIRED BY LAW. AN OFFICIAL SHALL BE ENTI-
TLED TO REQUEST AT THE TIME OF FILING OF A TAX RETURN PARTICULAR
REDACTIONS TO SUCH RETURN THAT THE COMMISSION SHALL MAKE IF IT DEEMS
SUCH REDACTIONS TO BE APPROPRIATE.
§ 6. The election law is amended by adding a new section 6-169 to read
as follows:
§ 6-169. NOTICE OF TRANSPARENCY REQUIREMENTS. THE STATE BOARD OF
ELECTIONS OR OTHER BOARD OF ELECTIONS, AS THE CASE MAY BE, SHALL NOTIFY
EACH PERSON NOMINATED OR DESIGNATED AS A CANDIDATE FOR ELECTIVE OFFICE,
NOT LATER THAN TEN DAYS AFTER SUCH NOMINATION OR DESIGNATION, THAT SUCH
OFFICE MAY BE SUBJECT TO CERTIFICATION REQUIREMENTS PURSUANT TO SECTION
TEN OF THE PUBLIC OFFICERS LAW AND SUBJECT TO FINANCIAL AND TAX DISCLO-
SURE REQUIREMENTS PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC
OFFICERS LAW.
§ 7. This act shall take effect immediately and shall apply to
elections conducted and appointments made on or after such date.
S. 7505--A 77 A. 9505--A
PART UU
Section 1. Section 172-b of the executive law is amended by adding a
new subdivision 9 to read as follows:
9. ANY REGISTERED CHARITABLE ORGANIZATION THAT IS REQUIRED TO FILE AN
ANNUAL FINANCIAL REPORT PURSUANT TO SUBDIVISION ONE OR TWO OF THIS
SECTION, OR THAT IS REQUIRED TO FILE A FUNDING DISCLOSURE REPORT PURSU-
ANT TO SECTION ONE HUNDRED SEVENTY-TWO-E OF THIS ARTICLE, AND/OR A
FINANCIAL DISCLOSURE REPORT PURSUANT TO SECTION ONE HUNDRED
SEVENTY-TWO-F OF THIS ARTICLE FOR A REPORTING PERIOD DURING THE APPLICA-
BLE FISCAL YEAR SHALL ALSO BE REQUIRED TO FILE SUCH ANNUAL FINANCIAL
REPORT, INCLUDING ALL REQUIRED FORMS AND ATTACHMENTS, WITH THE DEPART-
MENT OF TAXATION AND FINANCE.
§ 1-a. Subdivision 2 of section 172-e of the executive law, as added
by section 1 of part F of chapter 286 of the laws of 2016, is amended to
read as follows:
2. Funding disclosure reports to be filed by covered entities. (a) Any
covered entity that makes an in-kind donation in excess of [two] TEN
thousand [five hundred] dollars to a recipient entity during a relevant
reporting period shall file a funding disclosure report with the depart-
ment of law. The funding disclosure report shall include:
(i) the name and address of the covered entity that made the in-kind
donation;
(ii) the name and address of the recipient entity that received or
benefitted from the in-kind donation;
(iii) the names of any persons who exert operational or managerial
control over the covered entity. The disclosures required by this para-
graph shall include the name of at least one natural person;
(iv) the date [the in-kind] SUCH donation was made by the covered
entity; AND
(v) [any donation in excess of two thousand five hundred dollars to
the covered entity during the relevant reporting period including the
identity of the donor of any such donation] A DETAILED DESCRIPTION OF
THE IN-KIND DONATION, INCLUDING THE CHARITABLE PURPOSE ADVANCED BY SUCH
DONATION, IF ANY, AND ANY RESTRICTIONS ON THE USE OF SUCH DONATION BY
THE RECIPIENT ENTITY.
[(vi) the date of any such donation to a covered entity.]
(b) The covered entity shall file a funding disclosure report with the
department of law AND THE DEPARTMENT OF TAXATION AND FINANCE within
thirty days of the close of a reporting period.
§ 2. Subdivision 2 of section 172-f of the executive law, as added by
section 1 of part G of chapter 286 of the laws of 2016, is amended to
read as follows:
2. Disclosure of expenditures for covered communications. (a) Any
covered entity that makes expenditures for covered communications in an
aggregate amount or fair market value exceeding ten thousand dollars in
a calendar year shall file a financial disclosure report with the
department of law. The financial disclosure report shall include:
(i) the name and address of the covered entity that made the expendi-
ture for covered communications;
(ii) the name or names of any individuals who exert operational or
managerial control over the covered entity. The disclosures required by
this paragraph shall include the name of at least one natural person;
(iii) a DETAILED description of the covered communication;
S. 7505--A 78 A. 9505--A
(iv) the dollar amount paid for each covered communication, the name
and address of the person or entity receiving the payment, and the date
the payment was made; and
[(iv)] (V) FOR ANY RESTRICTED DONATION RECEIVED BY THE COVERED ENTITY
IN WHOLE OR IN PART FOR THE SUPPORT OF THE COVERED COMMUNICATION, the
name and address of any individual, corporation, association, or group
that made a donation [of one thousand dollars or more] to the covered
entity and the date of such donation, AND THE AMOUNT OF THE DONATION,
TOGETHER WITH A DESCRIPTION OF ANY RESTRICTION.
(b) The covered entity shall file a financial disclosure report with
the department of law AND THE DEPARTMENT OF TAXATION AND FINANCE within
thirty days of the close of a reporting period.
(c) If a covered entity keeps one or more segregated bank accounts
containing funds used solely for covered communications and makes all of
its expenditures for covered communications from such accounts, then
with respect to donations included in subparagraph [(iv)] (V) of para-
graph (a) of this subdivision, the financial report need only include
donations deposited into such accounts.
§ 3. Section 172-e of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. IF A COVERED ENTITY'S OR RECIPIENT ENTITY'S ANNUAL REPORT FILED
PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE DOES NOT
INCLUDE A COMPLETED INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B AND
THAT COVERED ENTITY MAKES, OR THAT RECIPIENT ENTITY RECEIVES, QUALIFYING
DONATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT ENTITY SHALL
IN ADDITION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE
WITH THE DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL REVENUE
SERVICE FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMIT-
TED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE.
§ 4. Section 172-f of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. IF A COVERED ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE
HUNDRED SEVENTY-TWO OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED INTER-
NAL REVENUE SERVICE FORM 990 SCHEDULE B, THE ENTITY SHALL IN ADDITION TO
FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE WITH THE
DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL REVENUE SERVICE
FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMITTED OR
REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE.
§ 5. Section 171 of the tax law is amended by adding a new subdivision
twenty-ninth to read as follows:
TWENTY-NINTH. THE COMMISSIONER SHALL RECEIVE ALL ANNUAL REPORTS
REQUIRED TO BE FILED WITH THE DEPARTMENT PURSUANT TO EITHER SUBDIVISION
ONE OR TWO OF SECTION ONE HUNDRED SEVENTY-TWO-B OF THE EXECUTIVE LAW,
SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-TWO-E OF THE EXECUTIVE
LAW, OR SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-TWO-F OF THE
EXECUTIVE LAW AND SHALL PUBLISH SUCH SCHEDULES ON THE DEPARTMENT'S
WEBSITE.
§ 6. This act shall take effect on the thirtieth day after it shall
have become a law.
PART VV
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:
S. 7505--A 79 A. 9505--A
1. DOL-Child performer protection account (20401).
2. Proprietary vocational school supervision account (20452).
3. Local government records management account (20501).
4. Child health plus program account (20810).
5. EPIC premium account (20818).
6. Education - New (20901).
7. VLT - Sound basic education fund (20904).
8. Sewage treatment program management and administration fund
(21000).
9. Hazardous bulk storage account (21061).
10. Utility environmental regulatory account (21064).
11. Federal grants indirect cost recovery account (21065).
12. Low level radioactive waste account (21066).
13. Recreation account (21067).
14. Public safety recovery account (21077).
15. Environmental regulatory account (21081).
16. Natural resource account (21082).
17. Mined land reclamation program account (21084).
18. Great lakes restoration initiative account (21087).
19. Environmental protection and oil spill compensation fund (21200).
20. Public transportation systems account (21401).
21. Metropolitan mass transportation (21402).
22. Operating permit program account (21451).
23. Mobile source account (21452).
24. Statewide planning and research cooperative system account
(21902).
25. New York state thruway authority account (21905).
26. Mental hygiene program fund account (21907).
27. Mental hygiene patient income account (21909).
28. Financial control board account (21911).
29. Regulation of racing account (21912).
30. State university dormitory income reimbursable account (21937).
31. Criminal justice improvement account (21945).
32. Environmental laboratory reference fee account (21959).
33. Training, management and evaluation account (21961).
34. Clinical laboratory reference system assessment account (21962).
35. Indirect cost recovery account (21978).
36. High school equivalency program account (21979).
37. Multi-agency training account (21989).
38. Bell jar collection account (22003).
39. Industry and utility service account (22004).
40. Real property disposition account (22006).
41. Parking account (22007).
42. Courts special grants (22008).
43. Asbestos safety training program account (22009).
44. Camp Smith billeting account (22017).
45. Batavia school for the blind account (22032).
46. Investment services account (22034).
47. Surplus property account (22036).
48. Financial oversight account (22039).
49. Regulation of Indian gaming account (22046).
50. Rome school for the deaf account (22053).
51. Seized assets account (22054).
52. Administrative adjudication account (22055).
53. Federal salary sharing account (22056).
54. New York City assessment account (22062).
S. 7505--A 80 A. 9505--A
55. Cultural education account (22063).
56. Local services account (22078).
57. DHCR mortgage servicing account (22085).
58. Housing indirect cost recovery account (22090).
59. DHCR-HCA application fee account (22100).
60. Low income housing monitoring account (22130).
61. Corporation administration account (22135).
62. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
63. Deferred compensation administration account (22151).
64. Rent revenue other New York City account (22156).
65. Rent revenue account (22158).
66. Tax revenue arrearage account (22168).
67. New York state medical indemnity fund account (22240).
68. State university general income offset account (22654).
69. Lake George park trust fund account (22751).
70. State police motor vehicle law enforcement account (22802).
71. Highway safety program account (23001).
72. DOH drinking water program account (23102).
73. NYCCC operating offset account (23151).
74. Commercial gaming revenue account (23701).
75. Commercial gaming regulation account (23702).
76. Highway use tax administration account (23801).
77. New York state secure choice administrative account (23806).
78. Fantasy sports administration account (24951).
79. Highway and bridge capital account (30051).
80. Aviation purpose account (30053).
81. State university residence hall rehabilitation fund (30100).
82. State parks infrastructure account (30351).
83. Clean water/clean air implementation fund (30500).
84. Hazardous waste remedial cleanup account (31506).
85. Youth facilities improvement account (31701).
86. Housing assistance fund (31800).
87. Housing program fund (31850).
88. Highway facility purpose account (31951).
89. Information technology capital financing account (32215).
90. New York racing account (32213).
91. Capital miscellaneous gifts account (32214).
92. New York environmental protection and spill remediation account
(32219).
93. Mental hygiene facilities capital improvement fund (32300).
94. Correctional facilities capital improvement fund (32350).
95. New York State Storm Recovery Capital Fund (33000).
96. OGS convention center account (50318).
97. Empire Plaza Gift Shop (50327).
98. Centralized services fund (55000).
99. Archives records management account (55052).
100. Federal single audit account (55053).
101. Civil service EHS occupational health program account (55056).
102. Banking services account (55057).
103. Cultural resources survey account (55058).
104. Neighborhood work project account (55059).
105. Automation & printing chargeback account (55060).
106. OFT NYT account (55061).
107. Data center account (55062).
108. Intrusion detection account (55066).
S. 7505--A 81 A. 9505--A
109. Domestic violence grant account (55067).
110. Centralized technology services account (55069).
111. Labor contact center account (55071).
112. Human services contact center account (55072).
113. Tax contact center account (55073).
114. Department of law civil recoveries account (55074).
115. Executive direction internal audit account (55251).
116. CIO Information technology centralized services account (55252).
117. Health insurance internal service account (55300).
118. Civil service employee benefits division administrative account
(55301).
119. Correctional industries revolving fund (55350).
120. Employees health insurance account (60201).
121. Medicaid management information system escrow fund (60900).
122. New York state cannabis revenue fund.
123. Behavioral health parity compliance fund.
§ 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).
§ 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, 2021, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $14,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,487,000,000 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. $978,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
S. 7505--A 82 A. 9505--A
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $168,000,000 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. $5,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), 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.
5. An amount up to the unencumbered balance from the charitable gifts
trust fund, elementary and secondary education account (24901), to the
general fund, for payment of general support for public schools pursuant
to section 3609-a of the education law.
6. 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.
7. $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).
8. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
10. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
11. $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.
12. $47,000,000 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, 2020 through March 31,
2021.
13. $25,390,000 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 (32222).
14. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
15. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
16. $1,500,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the general fund from fees charged
to each non-licensee owner of a firm that is incorporating as a profes-
sional service corporation formed to lawfully engage in the practice of
public accountancy.
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
S. 7505--A 83 A. 9505--A
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund (21150) or
Marine Resources Account (21151) 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. $1,800,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
8. $3,600,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $4,000,000 from the general fund to the enterprise fund, state fair
account (50051).
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. $125,000,000 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. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
S. 7505--A 84 A. 9505--A
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.
10. $600,000 from the miscellaneous special revenue fund, veterans
remembrance and cemetery maintenance and operation fund (20201), to the
capital projects fund (30000).
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
3. $292,400,000 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 agencies enterprise fund, parking services
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
10. $9,628,000 from the general fund to the centralized services fund,
COPS account (55013).
11. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
12. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
13. $20,000,000 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).
14. $12,000,000 from the agencies enterprise fund, parking services
account (22007), to the centralized services, building support services
account (55018).
15. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
16. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
17. $1,500,000 from the agencies enterprise fund, special events
account (20120), to the general fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
S. 7505--A 85 A. 9505--A
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. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, certificate of need account (21920), to the gener-
al fund.
11. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
12. $3,000,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the general fund.
Labor:
1. $600,000 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. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
3. $3,000,000 from the chemical dependence service fund, substance
abuse services fund account (22700), to the mental hygiene capital
improvement fund (32305).
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
S. 7505--A 86 A. 9505--A
2. $2,087,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $22,773,000 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. $11,149,000 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. $120,500,000 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.
14. $25,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
Transportation:
1. $31,000,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651) for disbursements related to
part NN of chapter 54 of the laws of 2016.
2. $20,000,000 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.
3. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
4. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
5. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
6. $3,000,000 from the miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
7. $11,721,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance account (21402),
to the capital projects fund (30000).
S. 7505--A 87 A. 9505--A
8. $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. $15,500,000 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, 2021:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 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 $1,834,600 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 $13,225,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
§ 4. On or before March 31, 2021, 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
S. 7505--A 88 A. 9505--A
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, 2021, 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, 2021, 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, 2021.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,019,748,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2020 through June 30, 2021 to support operations at
the state university.
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $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, 2020 to June 30, 2021 to support operations at the
state university in accordance with the maintenance of effort pursuant
to 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 $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2021.
§ 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
S. 7505--A 89 A. 9505--A
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, 2021.
§ 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, at the request of the director of the budget,
up to $650 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 2020-21 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.
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $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, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred 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 technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
S. 7505--A 90 A. 9505--A
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as 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.
§ 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 $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.
§ 17. 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, 2020, the proceeds of which will be utilized to
support energy-related state activities.
§ 18. 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,
2021: (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.
§ 19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2021 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 20. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part TTT of chapter 59 of the laws of 2019, 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
[nineteen] TWENTY, 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
S. 7505--A 91 A. 9505--A
[$2,185,995,000] $1,999,516,000, 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 [nineteen] TWENTY.
§ 21. 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, 2021, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $366,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $513,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $159,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $323,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $7,300,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $132,000,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $48,000,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 22. Notwithstanding any provision of law to the contrary, in the
event that federal legislation, federal regulatory actions, federal
executive actions or federal judicial actions in federal fiscal year
2021 reduce federal financial participation in Medicaid funding to New
York state or its subdivisions by $850 million or more in state fiscal
years 2020-21 or 2021-22, 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 activ-
ities 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 legisla-
ture shall have 90 days after such submission to either prepare its own
plan, which may be adopted by concurrent resolution passed by both hous-
es, or if after 90 days the legislature fails to adopt their own plan,
the reductions to the general fund and state special revenue fund appro-
priations and related disbursements identified in the division of the
budget plan will go into effect automatically.
S. 7505--A 92 A. 9505--A
§ 23. Notwithstanding any provision of law to the contrary, in the
event that federal legislation, federal regulatory actions, federal
executive actions or federal judicial actions in federal fiscal year
2021 reduce federal financial participation or other federal aid in
funding to New York state that affects the state operating funds finan-
cial plan by $850 million or more in state fiscal years 2020-21 or
2021-22, exclusive of any cuts to 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) iden-
tify 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 disburse-
ments 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 appropriations and related disbursements identified
in the division of the budget plan will go into effect automatically.
§ 24. Notwithstanding any provision of law to the contrary, if the
financial plan required under sections twenty-two or twenty-three of
this article estimates that the General Fund is reasonably anticipated
to end the fiscal year with an imbalance of $500 million or more, the
director of the division of the budget shall prepare a plan that shall
be submitted to the legislature, which shall identify the general fund
and state special revenue fund aid to localities appropriations and
related disbursements that may be reduced to eliminate the imbalance
identified in the General Fund, provided, however, that the total
reduction in disbursements identified in such plan shall not exceed an
amount equal to 1.0 percent of estimated disbursements in state operat-
ing funds for fiscal year 2020-2021. The legislature shall have 30 days
after such submission to either prepare its own plan, which may be
adopted by concurrent resolution passed by both houses and implemented
by the division of the budget, of if after 30 days the legislature fails
to adopt its own plan, the reductions to the general fund and state
special revenue fund aid to localities appropriations and related
disbursements identified in the division of the budget plan will go into
effect automatically. To the extent the State is obligated to make
payment to any individual or entity pursuant to any appropriation to
which an adjustment or reduction is applied in accordance with this
section, such obligation shall be reduced commensurate with any adjust-
ments or reductions made by the director of the budget and/or by the
legislature. The following types of appropriations shall be exempt from
reduction in any plan prepared by the budget director and/or any plan
adopted by the legislature: (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
S. 7505--A 93 A. 9505--A
obligation; and (d) payments the state is obligated to make pursuant to
court orders or judgments.
§ 25. Subdivision 6 of section 4 of the state finance law, as amended
by section 25 of part BBB of chapter 59 of the laws of 2018, is amended
to read as follows:
6. Notwithstanding any law to the contrary, at the beginning of the
state fiscal year, the state comptroller is hereby authorized and
directed to receive for deposit to the credit of a fund and/or an
account such monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the director of the
budget shall, but not less than three days following preliminary
submission to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but not less than three days
following preliminary submission to the chairs of the senate finance
committee and the assembly ways and means committee.
All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted by the
legislature.
[The provisions of this subdivision shall expire on March thirty-
first, two thousand twenty.]
§ 26. Subdivision 4 of section 40 of the state finance law, as amended
by section 26 of part BBB of chapter 59 of the laws of 2018, 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 twenty.]
§ 27. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
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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.
§ 28. 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 28 of part TTT of chapter 59 of the laws of 2019, 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 [eight billion four hundred
ninety-four million nine hundred seventy-nine thousand] EIGHT BILLION
EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-NINE THOUSAND dollars
[$8,494,979,000] $8,817,299,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and community supervision
from the correctional facilities capital improvement fund for capital
projects. The aggregate amount of bonds, notes or other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [eight
billion four hundred ninety-four million nine hundred seventy-nine thou-
sand] EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-
NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, only if the pres-
ent 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 repay-
ment bonds, notes or other obligations and of the aggregate debt service
of the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
§ 29. 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
S. 7505--A 95 A. 9505--A
section 32 of part TTT of chapter 59 of the laws of 2019, 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 [two
hundred seventy-one million six hundred thousand] THREE HUNDRED TWENTY-
THREE MILLION ONE HUNDRED THOUSAND dollars [$271,600,000] $323,100,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects 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.
§ 30. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 35 of part TTT of chapter 59 of the laws of 2019,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [five billion six hundred thirty-eight million ten
thousand] SIX BILLION THREE HUNDRED SEVENTY-FOUR MILLION TEN THOUSAND
dollars [$5,638,010,000] $6,374,010,000, 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.
§ 31. 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 36 of part TTT of chapter 59 of the laws of 2019, 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 [two hundred eighty-six million] THREE HUNDRED FOURTEEN MILLION
dollars [$286,000,000] $314,000,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing 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
S. 7505--A 96 A. 9505--A
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 [$952,800,000 nine hundred fifty-two million eight hundred thou-
sand] $1,115,800,000 ONE BILLION ONE HUNDRED FIFTEEN 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.
§ 32. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 38 of part TTT of chapter 59 of
the laws of 2019, 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 [thirteen billion eight hundred forty-one million eight hundred
sixty-four thousand] FOURTEEN BILLION SEVEN HUNDRED FORTY-ONE MILLION
EIGHT HUNDRED SIXTY-FOUR THOUSAND dollars [$13,841,864,000]
$14,741,864,000; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
S. 7505--A 97 A. 9505--A
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
§ 33. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 39 of part TTT of chapter 59 of
the laws of 2019, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [eight billion six hundred seventy-
four million two hundred fifty-six thousand] NINE BILLION TWO HUNDRED
TWENTY-TWO MILLION SEVEN HUNDRED THIRTY-TWO THOUSAND dollars
[$8,674,256,000 ] $9,222,732,000. 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 coven-
anting or making any other agreements with or for the benefit of bond-
holders which might in any way affect such right.
§ 34. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 40 of part TTT of chapter 59 of the laws of 2019,
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 [one billion five
million six hundred two thousand] ONE BILLION FIFTY-ONE MILLION SIX
HUNDRED FORTY THOUSAND dollars [$1,005,602,000] $1,051,640,000. 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
S. 7505--A 98 A. 9505--A
notes, issued on behalf of the state, relating to a locally sponsored
community college.
§ 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 41 of part TTT of chapter 59 of the laws of 2019, 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 eight hundred [four] FORTY
million [six] THREE hundred fifteen thousand dollars [$804,615,000]
$840,315,000, which authorization increases the aggregate principal
amount of bonds, notes and other obligations authorized by section 40 of
chapter 309 of the laws of 1996, and shall include all bonds, notes and
other obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the youth facili-
ties 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 eight hundred [four] FORTY million [six] THREE hundred fifteen
thousand dollars [$804,615,000] $840,315,000, 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.
§ 36. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 42 of part TTT
of chapter 59 of the laws of 2019, 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,
S. 7505--A 99 A. 9505--A
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [nine billion three hundred thirty-three million three hundred
eight thousand] NINE BILLION NINE HUNDRED TWENTY-SEVEN MILLION TWO
HUNDRED SEVENTY-SIX THOUSAND dollars [$9,333,308,000] $9,927,276,000,
excluding 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 [nine billion three hundred
thirty-three million three hundred eight thousand] NINE BILLION NINE
HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED SEVENTY-SIX THOUSAND dollars
[$9,333,308,000] $9,927,276,000, 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
S. 7505--A 100 A. 9505--A
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] ADDICTION SERVICES AND SUPPORTS, in consultation with their
respective commissioners to finance bondable appropriations previously
approved by the legislature.
§ 37. 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 43 of part TTT of chapter 59 of the laws of 2019, 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 [ninety-two million] ONE
HUNDRED FIFTY-SEVEN MILLION dollars [$92,000,000] $157,000,000, exclud-
ing 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.
§ 38. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 46 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
§ 53. 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 acquisition of equipment,
including but not limited to the creation or modernization of informa-
tion technology systems and related research and development equipment,
health and safety equipment, heavy equipment and machinery, the creation
S. 7505--A 101 A. 9505--A
or improvement of security systems, and laboratory equipment and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed [ninety-three million] ONE HUNDRED NINETY-THREE MILLION
dollars [$93,000,000] $193,000,000, 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 dormitory
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for the acquisi-
tion of equipment, including but not limited to the creation or modern-
ization of information technology systems and related research and
development equipment, health and safety equipment, heavy equipment and
machinery, the creation or improvement of security systems, and labora-
tory equipment 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 conditions 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 aggregate, a sum not to exceed the prin-
cipal, interest, and related expenses required for such bonds and notes.
Any service contract entered into pursuant to this section shall provide
that the obligation of the state to pay the amount therein provided
shall not constitute a debt of the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent of monies available and that no liability shall be
incurred by the state beyond the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned and pledged
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 39. 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 1 of part K of chapter 39 of the laws of 2019, 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
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state for funding such projects having a cost not in excess of [ten
billion eight hundred five million seven hundred seventy-eight thousand]
ELEVEN BILLION TWO HUNDRED EIGHTY-THREE MILLION FIVE HUNDRED SEVENTY-
FIVE THOUSAND dollars [$10,805,778,000] $11,283,575,000 cumulatively by
the end of fiscal year [2019-20] 2020-21.
§ 40. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 2 of part K of chapter 39 of the laws of 2019, 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 two hundred [fifty-one] SIXTY-FIVE
million dollars [$251,000,000] $265,000,000.
§ 41. 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 3 of part K of chapter 39 of the laws of 2019, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects and
other state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [nine billion eight hundred twenty-one million six hundred
thirty-six thousand] TEN BILLION THREE HUNDRED THIRTY-FOUR MILLION EIGHT
HUNDRED FIFTY-ONE THOUSAND dollars [$9,821,636,000] $10,334,851,000,
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
S. 7505--A 103 A. 9505--A
bonds and notes of the dormitory authority and the corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative 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,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit 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
S. 7505--A 104 A. 9505--A
authority and the corporation as security for its bonds and notes, as
authorized by this section.
§ 42. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 4 of part K of chapter 39 of the laws of 2019, 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 six hundred forty-eight million] SIX BILLION NINE HUNDRED
FORTY-TWO MILLION FOUR HUNDRED SIXTY-THREE THOUSAND dollars
[$4,648,000,000] $6,942,463,000, excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and to refund or otherwise repay such bonds or notes previously issued.
Such bonds and notes of the authority, the dormitory authority and the
urban development corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the authority, the
dormitory authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 43. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 8 of part K of chapter 39 of
the laws of 2019, 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 [six billion two hundred ninety
million five hundred ninety-nine thousand] SIX BILLION FIVE HUNDRED
THIRTY-ONE MILLION FIVE HUNDRED TWENTY-THREE THOUSAND dollars
[$6,290,599,000] $6,531,523,000, 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
S. 7505--A 105 A. 9505--A
appropriated to maintain or restore such reserve fund at or to a partic-
ular level, except to the extent of any deficiency resulting directly or
indirectly from a failure of the state to appropriate or pay the agreed
amount under any of the contracts provided for in subdivision four of
this section.
§ 44. Subdivision 1 of section 50 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 5 of part K of chapter 39 of the laws
of 2019, 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 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, communi-
ty centers, day care facilities, residential camps, day camps, and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed one hundred [thirty] FIFTY-FIVE million dollars
[$130,000,000] $155,000,000, 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 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.
§45. 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 27 of part TTT of chapter 59 of the
laws of 2019, 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 [six] EIGHT hundred
[seventy-seven] THIRTY million [three hundred] fifty-four thousand
dollars, [$677,354,000] $830,054,000 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 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
S. 7505--A 106 A. 9505--A
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 46. 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.]
§ 47. Section 2 of the state finance law is amended by adding a new
subdivision 1-a to read as follows:
1-A. "BUSINESS DAY". ANY DAY OF THE YEAR WHICH IS NOT A SATURDAY,
SUNDAY OR LEGAL HOLIDAY IN THE STATE OF NEW YORK AND NOT A DAY ON WHICH
BANKS ARE AUTHORIZED OR OBLIGATED TO BE CLOSED IN THE CITY OF NEW YORK.
§ 48. Paragraph a of subdivision 4 of section 57 of the state finance
law, as amended by section 39 of part JJ of chapter 56 of the laws of
2010, is amended to read as follows:
a. Such bonds shall be sold at par, at par plus a premium, or at a
discount to the bidder offering the lowest interest cost to the state,
taking into consideration any premium or discount and, in the case of
refunding bonds, the bona fide initial public offering price, not less
than [four nor more than fifteen days, Sundays excepted,] TWO BUSINESS
DAYS after THE PUBLICATION OF a notice of [such] sale [has been
published] at least once in a definitive trade publication of the munic-
ipal bond industry published on each business day in the state of New
York which is generally available IN ELECTRONIC OR PHYSICAL FORM to
participants in the municipal bond industry, which notice shall state
the terms of the sale. The comptroller may not change the terms of the
sale unless notice of such change is sent via a definitive trade wire
service of the municipal bond industry which, in general, makes avail-
able information regarding activity and sales of municipal bonds and is
generally available to participants in the municipal bond industry, at
least one hour prior to the time of the sale as set forth in the
original notice of sale. In so changing the terms or conditions of a
sale the comptroller may send notice by such wire service that the sale
will be delayed by up to thirty days, provided that wire notice of the
new sale date will be given at least one business day prior to the new
time when bids will be accepted. In such event, no new notice of sale
shall be required to be published. Notwithstanding the provisions of
section three hundred five of the state technology law or any other law,
if the notice of sale contains a provision that bids will only be
accepted electronically in the manner provided in such notice of sale,
the comptroller shall not be required to accept non-electronic bids in
any form. Advertisements shall contain a provision to the effect that
the state comptroller, in his or her discretion, may reject any or all
S. 7505--A 107 A. 9505--A
bids made in pursuance of such advertisements, and in the event of such
rejection, the state comptroller is authorized to negotiate a private
sale or readvertise for bids in the form and manner above described as
many times as, in his or her judgment, may be necessary to effect a
satisfactory sale. Notwithstanding the foregoing provisions of this
paragraph, whenever in the judgment of the comptroller the interests of
the state will be served thereby, he or she may sell state bonds at
private sale at par, at par plus a premium, or at a discount. The comp-
troller shall promulgate regulations governing the terms and conditions
of any such private sales, which regulations shall include a provision
that he or she give notice to the governor, the temporary president of
the senate, and the speaker of the assembly, of his or her intention to
conduct a private sale of obligations pursuant to this section not less
than [five] TWO BUSINESS days prior to such sale or the execution of any
binding agreement to effect such sale.
§ 49. Subdivision (a) of section 211 of the civil practice law and
rules, as amended by chapter 267 of the laws of 1970, is amended to read
as follows:
(a) On a bond. An action to recover principal or interest upon a writ-
ten instrument evidencing an indebtedness of the state of New York or of
any person, association or public or private corporation, originally
sold by the issuer after publication of an advertisement for bids for
the issue in [a newspaper of general circulation] ELECTRONIC OR PHYSICAL
FORM and secured only by a pledge of the faith and credit of the issuer,
regardless of whether a sinking fund is or may be established for its
redemption, must be commenced within twenty years after the cause of
action accrues. This subdivision does not apply to actions upon written
instruments evidencing an indebtedness of any corporation, association
or person under the jurisdiction of the public service commission, the
commissioner of transportation, the interstate commerce commission, the
federal communications commission, the civil aeronautics board, the
federal power commission, or any other regulatory commission or board of
a state or of the federal government. This subdivision applies to all
causes of action, including those barred on April eighteenth, nineteen
hundred fifty, by the provisions of the civil practice act then effec-
tive.
§ 50. The opening paragraph of subdivision 9 of section 8 of the state
finance law, as separately amended by chapters 405 and 957 of the laws
of 1981, is amended to read as follows:
Make a report to the legislature prior to the convening of its annual
session, containing a complete statement of every fund of the state
including every fund under the supervision or control of any department
or any officer or division, bureau, commission, board or other organiza-
tion therein from whatever source derived and whether or not deposited
in the treasury, other than the funds of moneyed corporations or private
bankers in liquidation or rehabilitation, together with a citation of
the statute authorizing the creation or establishment of each such fund,
all balances of money and receipts and disbursements during the preced-
ing fiscal year PRESENTED IN ACCORDANCE WITH THE ACCOUNTING PRINCIPLES,
POLICIES, AND LEGISLATIVE INTENT, INCLUDING BUT NOT LIMITED TO REFUNDS
OF APPROPRIATION, SET FORTH IN A BUDGET BILL ENACTED IN ACCORDANCE WITH
ARTICLE VII OF THE STATE CONSTITUTION, a statement of each object of
disbursement, the funds, if any, from which paid or to be paid, a sched-
ule by month of the investments of cash not needed for day to day oper-
ations including but not limited to total investment income, the average
daily invested balance and related yields for each fund, and a statement
S. 7505--A 108 A. 9505--A
of all claims against the state presented to him where no provision or
an insufficient provision for the payment thereof has been made by law,
with the facts relating thereto and his opinion thereon, and suggesting
plans for the improvement and management of the public resources, and
containing such other information and recommendations relating to the
fiscal affairs of the state, as in his judgment should be communicated
to the legislature, provided that:
§ 51. Paragraph a of subdivision 9-a of section 8 of the state finance
law, as amended by chapter 551 of the laws of 1989, is amended to read
as follows:
a. Issue, on or before the fifteenth day of each month and cause to be
published in the state register, a report including (1) a summary of the
preceding month's investments of cash not needed for day to day oper-
ations including but not limited to total investment income, the average
daily investment balance and related yield; and (2) a statement setting
forth briefly the several receipts of and disbursements from the general
fund during the preceding month, and also the total of such receipts and
disbursements from the beginning of the fiscal year to the close of such
preceding month and the cash balance of the general fund, exclusive of
receipts and disbursements on account of temporary borrowing, at the
close of such preceding month, provided that for state fiscal years
beginning on or after April first, nineteen hundred eighty-two the comp-
troller shall include in such reports the required information for all
funds and fund types. SUCH REPORTS SHALL BE PREPARED AND PRESENTED IN
ACCORDANCE WITH THE ACCOUNTING PRINCIPLES, POLICIES, AND LEGISLATIVE
INTENT, INCLUDING BUT NOT LIMITED TO REFUNDS OF APPROPRIATION, SET FORTH
IN A BUDGET BILL ENACTED IN ACCORDANCE WITH ARTICLE VII OF THE STATE
CONSTITUTION.
§ 52. The state finance law is amended by adding a new section 2-b to
read as follows:
§ 2-B. ADDITIONAL DEFINITIONS. AS USED IN SUBDIVISIONS NINE AND NINE-A
OF SECTION EIGHT OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "REFUND OF APPROPRIATION". RECEIPT OF REFUNDS, REBATES, REIMBURSE-
MENTS, CREDITS, REPAYMENTS, AND/OR DISALLOWANCES, AS DEFINED HEREIN, THE
OFFICE OF THE STATE COMPTROLLER SHALL CREDIT THE REFUNDED, REBATED,
REIMBURSED, CREDITED, REPAID, AND DISALLOWED AMOUNT BACK TO THE ORIGINAL
APPROPRIATION AND REDUCE EXPENDITURES IN THE YEAR WHICH SUCH CREDIT IS
RECEIVED REGARDLESS OF THE TIMING OF THE INITIAL EXPENDITURE.
2. "REFUNDS". FUNDS RECEIVED TO THE STATE RESULTING FROM THE OVERPAY-
MENT OF MONIES.
3. "REBATES". FUNDS RECEIVED TO THE STATE RESULTING A FROM RETURN OF A
FULL OR PARTIAL AMOUNT PREVIOUSLY PAID, AS FOR GOODS OR SERVICES, SERV-
ING AS A REDUCTION, DISCOUNT OR REBATE TO THE ORIGINAL PAYMENT AMOUNT.
4. "REIMBURSEMENTS". FUNDS RECEIVED TO THE STATE AS REPAYMENT IN AN
EQUIVALENT AMOUNT FOR GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO
PERSONAL SERVICE COSTS, INCURRED BY THE STATE IN THE FIRST INSTANCE
BEING PROVIDED TO A THIRD PARTY FOR THEIR BENEFIT AND PARTIALLY OR IN
FULL FINANCED BY SUCH THIRD PARTY.
5. "CREDIT". MONIES MADE AVAILABLE TO THE STATE THAT REDUCE THE AMOUNT
OWED TO A THIRD PARTY, INCLUDING BUT NOT LIMITED TO BILLING ERRORS,
REBATES, AND PRIOR OVERPAYMENTS.
6. "REPAYMENT". THE RETURN OF MONIES AS PAY BACK FOR EXPENSES
INCURRED.
S. 7505--A 109 A. 9505--A
7. "DISALLOWANCE". MONIES MADE AVAILABLE TO THE STATE THAT WERE NOT
ALLOWED OR ACCEPTED OFFICIALLY BY THE INTENDED RECIPIENT, BASED ON A
DETERMINATION THE PAYMENT IS NOT ACCEPTABLE AND/OR VALID.
§ 53. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, twelve, thirteen, fourteen, fifteen, sixteen,
seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-three, and
twenty-four of this act shall expire March 31, 2021 when upon such date
the provisions of such sections shall be deemed repealed.
PART WW
Section 1. Section 2 and subdivision 7 of section 3 of part E of chap-
ter 60 of the laws of 2015, establishing a commission on legislative,
judicial, and executive compensation, and providing for the powers and
duties of the commission and for the dissolution of the commission,
subdivision 7 of section 3 as amended by section 1 of part VVV of chap-
ter 59 of the laws of 2019, are amended to read as follows:
§ 2. 1. (A) On the first of June of every fourth year, commencing June
1, 2015, there shall be established a commission on legislative, judi-
cial and executive compensation to examine, evaluate and make recommen-
dations with respect to adequate levels of compensation and non-salary
benefits for members of the legislature, judges and justices of the
state-paid courts of the unified court system, statewide elected offi-
cials, and those state officers referred to in section 169 of the execu-
tive law.
(B) NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, THE
COMMISSION ESTABLISHED IN THE YEAR 2019 MAY EXAMINE, EVALUATE AND MAKE
RECOMMENDATIONS WITH RESPECT TO ADEQUATE LEVELS OF COMPENSATION AND
NON-SALARY BENEFITS FOR JUDGES AND JUSTICES OF THE STATE-PAID COURTS OF
THE UNIFIED COURT SYSTEM DURING ITS EXAMINATION OF AND MAKING RECOMMEN-
DATIONS FOR LEGISLATIVE AND EXECUTIVE COMPENSATION IN THE YEAR 2020.
2. (a) In accordance with the provisions of this section, the commis-
sion shall examine: (1) the prevailing adequacy of pay levels and other
non-salary benefits received by members of the legislature, statewide
elected officials, and those state officers referred to in section 169
of the executive law; and
(2) the prevailing adequacy of pay levels and non-salary benefits
received by the judges and justices of the state-paid courts of the
unified court system and housing judges of the civil court of the city
of New York and determine whether any of such pay levels warrant adjust-
ment; and
(b) The commission shall determine whether: (1) for any of the four
years commencing on the first of April of such years, following the year
in which the commission is established OR AUTHORIZED BY THIS ACT TO
EVALUATE AND MAKE RECOMMENDATIONS ON SUCH SALARIES, the annual salaries
for the judges and justices of the state-paid courts of the unified
court system and housing judges of the civil court of the city of New
York warrant an increase; and
(2) on the first of January after the November general election at
which members of the state legislature are elected following the year in
which the commission is established, and on the first of January follow-
ing the next such election, the like annual salaries and allowances of
members of the legislature, and salaries of statewide elected officials
S. 7505--A 110 A. 9505--A
and state officers referred to in section 169 of the executive law
warrant an increase.
3. In discharging its responsibilities under subdivision two of this
section, the commission shall take into account all appropriate factors
including, but not limited to: the overall economic climate; rates of
inflation; changes in public-sector spending; the levels of compensation
and non-salary benefits received by executive branch officials and
legislators of other states and of the federal government; the levels of
compensation and non-salary benefits received by professionals in
government, academia and private and nonprofit enterprise; and the
state's ability to fund increases in compensation and non-salary bene-
fits.
7. The commission shall make a report to the governor, the legislature
and the chief judge of the state of its findings, conclusions, determi-
nations and recommendations, if any, not later than the thirty-first of
December of the year in which the commission is established for judicial
compensation and the fifteenth of November the following year for legis-
lative and executive compensation; PROVIDED, HOWEVER, THE REPORT MADE BY
THE COMMISSION IN THE YEAR TWO THOUSAND TWENTY REGARDING JUDICIAL,
LEGISLATIVE AND EXECUTIVE COMPENSATION SHALL BE ISSUED NOT LATER THAN
NOVEMBER 15, 2020. Any findings, conclusions, determinations and recom-
mendations in the report must be adopted by a majority vote of the
commission and shall also be supported by at least one member appointed
by each appointing authority. Each recommendation made to implement a
determination pursuant to section two of this act shall have the force
of law, and shall supersede, where appropriate, inconsistent provisions
of article 7-B of the judiciary law, section 169 of the executive law,
and sections 5 and 5-a of the legislative law, unless modified or abro-
gated by statute prior to April first of the year as to which such
determination applies to judicial compensation and January first of the
year as to which such determination applies to legislative and executive
compensation.
§ 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 be 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 WW of this act shall be
as specifically set forth in the last section of such Parts.