S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4640
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2023
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law and the state finance law, in relation
   to cyber security enhancement funding; and  to  restrict  the  use  of
   taxpayer moneys in paying ransoms

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 719 to
 read as follows:
   § 719. CYBER SECURITY ENHANCEMENT. 1. THE COMMISSIONER OF THE DIVISION
 OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL  ESTABLISH  A  PROGRAM
 FOR  THE  PURPOSE  OF  UPGRADING  CYBER  SECURITY  IN LOCAL GOVERNMENTS,
 INCLUDING BUT NOT LIMITED TO, VILLAGES, TOWNS AND CITIES  WITH  A  POPU-
 LATION OF ONE MILLION OR LESS.
   2.  ALL  COSTS OF SUCH PROGRAM SHALL BE PAID FOR BY THE CYBER SECURITY
 ENHANCEMENT FUND, ESTABLISHED  BY  SECTION  NINETY-ONE-H  OF  THE  STATE
 FINANCE LAW.
   §  2. The state finance law is amended by adding a new section 91-h to
 read as follows:
   § 91-H. CYBER SECURITY ENHANCEMENT FUND. 1.  THERE  IS  HEREBY  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER  OF  TAXATION  AND  FINANCE  A FUND TO BE KNOWN AS THE CYBER SECURITY
 ENHANCEMENT FUND.
   2. SUCH FUND SHALL CONSIST OF FIVE MILLION DOLLARS TRANSFERRED BY  THE
 STATE COMPTROLLER FROM THE GENERAL FUND, AND CONTRIBUTIONS CONSISTING OF
 GRANTS,  INCLUDING  GRANTS OR OTHER FINANCIAL ASSISTANCE FROM ANY AGENCY
 OF GOVERNMENT AND ALL MONEYS REQUIRED BY THE PROVISIONS OF THIS  SECTION
 OR ANY OTHER LAW TO BE PAID INTO OR CREDITED TO THE FUND.
   3.  THE  MONEYS  FROM  THE  CYBER  SECURITY  ENHANCEMENT FUND SHALL BE
 DISBURSED BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES TO
 BE EXPENDED TO UPGRADE THE CYBER SECURITY OF LOCAL GOVERNMENTS,  INCLUD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05147-01-3
              

 A. 4640                             2
 
 ING  BUT NOT LIMITED TO, VILLAGES, TOWNS AND CITIES WITH A POPULATION OF
 ONE MILLION OR LESS, PURSUANT TO SECTION SEVEN HUNDRED NINETEEN  OF  THE
 EXECUTIVE LAW.
   §  3. Notwithstanding any other provision of law, after January first,
 two thousand twenty-six, local and state taxpayer moneys  shall  not  be
 used to pay ransoms in response to ransomware attacks.
   § 4. This act shall take effect immediately.