[ ] is old law to be omitted.
LBD12670-02-4
S. 8305--A 2 A. 8805--A
the alcoholic beverage control law relating to liquidator's permits
and temporary retail permits, in relation to the effectiveness thereof
(Part K); to amend the alcoholic beverage control law, in relation to
permitting the use of contiguous and non-contiguous municipal public
space by certain licensees; and to repeal chapter 238 of the laws of
2021 (Part L); to amend the workers' compensation law, in relation to
providing benefits for prenatal care (Part M); to amend the workers'
compensation law and the insurance law, in relation to increasing
short-term disability benefits (Part N); to amend the general business
law, in relation to enacting the Stop Addictive Feeds Exploitation
(SAFE) for Kids act prohibiting the provision of an addictive feed to
a minor (Part O); to amend the general business law, in relation to
establishing the New York child data protection act (Part P); to amend
the state finance law, in relation to eliminating the alternate proce-
dure for the payment of salaries for certain employees and the with-
holding of five days of salary for certain employees (Part Q); to
amend the civil practice law and rules and the state finance law, in
relation to the rate of interest to be paid on judgment and accrued
claims (Part R); to amend the civil service law, in relation to
reimbursement for medicare premium charges (Part S); to amend the
civil service law, in relation to the ability to charge interest on
past due balances for the New York state health insurance program, and
to authorize the director of the budget to withhold certain state aid
to participating employers with past due balances (Part T); to amend
the general municipal law, in relation to county-wide shared services
panels (Part U); to amend the public authorities law, in relation to
bonds issued by the New York city transitional finance authority (Part
V); to amend the state finance law, in relation to reforming the local
government efficiency grant program (Part W); to provide for the
administration of certain funds and accounts related to the 2023-2024
budget, authorizing certain payments and transfers; to amend the state
finance law, in relation to the administration of certain funds and
accounts, and in relation to the effectiveness thereof; 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 the private housing finance law, in relation to hous-
ing program bonds and notes; to amend the public authorities law, in
relation to the issuance of bonds and notes by the dedicated highway
and bridge trust fund, to amend the public authorities law, in
relation to the issuance of bonds and notes for city university facil-
ities; to amend the public authorities law, in relation to the issu-
ance of bonds for library construction projects; to amend the public
authorities law, in relation to the issuance of bonds for state
university educational facilities; to amend the public authorities
law, in relation to the issuance of bonds and notes for locally spon-
sored community colleges; to amend chapter 392 of the laws of 1973,
constituting the medical care facilities finance agency act, in
relation to the issuance of mental health services facilities improve-
ment bonds and 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 issu-
ance of bonds and notes to finance capital costs related to homeland
security; to amend chapter 174 of the laws of 1968 constituting the
urban development corporation act, in relation to the issuance of
bonds and notes for purposes of funding office of information technol-
S. 8305--A 3 A. 8805--A
ogy services project costs; 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 funds to the thruway authority; to amend chapter
174 of the laws of 1968 constituting the urban development corporation
act, in relation to the issuance of bonds and notes to fund costs for
statewide equipment; to amend the public authorities law, in relation
to the issuance of bonds for purposes of financing environmental
infrastructure projects; 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 bonds and notes for the youth facilities improve-
ment fund; to amend the public authorities law, in relation to the
issuance of bonds and notes for the purpose of financing peace bridge
projects and capital costs of state and local highways; to amend chap-
ter 174 of the laws of 1968 constituting the urban development corpo-
ration act, in relation to the issuance of bonds for economic develop-
ment initiatives; 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 bonds and notes for the purpose of financing capital projects for
the division of military and naval affairs; to amend chapter 174 of
the laws of 1968 constituting the urban development corporation act,
in relation to the issuance of bonds for special education and other
educational facilities; to amend the public authorities law, in
relation to the issuance of bonds and notes for the purpose of financ-
ing the construction of the New York state agriculture and markets
food laboratory; to amend chapter 392 of the laws of 1973, consti-
tuting the medical care facilities finance agency act, in relation to
including comprehensive psychiatric emergency programs and housing for
mentally ill persons in the definition of mental health services
facility; to amend the state finance law, in relation to the private
sale of certain revenue bonds, and in relation to including assets
that provide a long-term interest in land in the definition of fixed
assets; to amend the public authorities law, in relation to bond issu-
ance charges; to amend the state finance law, in relation to the
redemption price of certain revenue bonds; to amend chapter 174 of the
laws of 1968 constituting the urban development corporation act, in
relation to the issuance of personal income tax revenue anticipation
notes; to amend the public authorities law, in relation to the issu-
ance of bonds or notes for the purpose of assisting the metropolitan
transportation authority in the financing of transportation facili-
ties; and providing for the repeal of certain provisions upon expira-
tion thereof (Part X); and to amend section 2 of part P of chapter 55
of the laws of 2022, amending the alcoholic beverage control law
relating to authorizing retail licensees for on-premises consumption
to sell and/or deliver alcoholic beverages for off-premises consump-
tion, in relation to the effectiveness thereof (Part Y)
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
necessary to implement the state public protection and general govern-
ment budget for the 2024-2025 state fiscal year. Each component is whol-
S. 8305--A 4 A. 8805--A
ly contained within a Part identified as Parts A through Y. The effec-
tive 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, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three
of this act sets forth the general effective date of this act.
PART A
Section 1. Subdivision 3 of section 120.05 of the penal law, as
amended by chapter 267 of the laws of 2016, is amended to read as
follows:
3. With intent to prevent a peace officer, a police officer, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, a firefighter, including a
firefighter acting as a paramedic or emergency medical technician admin-
istering first aid in the course of performance of duty as such fire-
fighter, an emergency medical service paramedic or emergency medical
service technician, or medical or related personnel in a hospital emer-
gency department, a city marshal, a school crossing guard appointed
pursuant to section two hundred eight-a of the general municipal law, a
traffic enforcement officer, traffic enforcement agent [or], employee of
any entity governed by the public service law in the course of perform-
ing an essential service, OR RETAIL WORKER, from performing a lawful
duty, by means including releasing or failing to control an animal under
circumstances evincing the actor's intent that the animal obstruct the
lawful activity of such peace officer, police officer, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, firefighter, paramedic,
technician, city marshal, school crossing guard appointed pursuant to
section two hundred eight-a of the general municipal law, traffic
enforcement officer, traffic enforcement agent [or], employee of an
entity governed by the public service law, OR RETAIL WORKER, he or she
causes physical injury to such peace officer, police officer, prosecutor
as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, firefighter, paramedic,
technician or medical or related personnel in a hospital emergency
department, city marshal, school crossing guard, traffic enforcement
officer, traffic enforcement agent [or], employee of an entity governed
by the public service law, OR RETAIL WORKER; or
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART B
Section 1. The penal law is amended by adding a new section 165.66 to
read as follows:
§ 165.66 FOSTERING THE SALE OF STOLEN GOODS.
S. 8305--A 5 A. 8805--A
A PERSON IS GUILTY OF FOSTERING THE SALE OF STOLEN GOODS WHEN SUCH
PERSON:
1. HOSTS, ADVERTISES, OR OTHERWISE ASSISTS IN THE SALE OF STOLEN
GOODS, INCLUDING ON AN INTERNET WEBSITE; AND
2. KNEW OR SHOULD HAVE KNOWN THAT SUCH GOODS WERE STOLEN.
FOSTERING THE SALE OF STOLEN GOODS IS A CLASS A MISDEMEANOR.
§ 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.
PART C
Section 1. Subdivision 3 of section 485.05 of the penal law, as
amended by section 3 of part R of chapter 55 of the laws of 2020, 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 120.06
(GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
FIRST DEGREE); section 120.10 (assault in the first degree); section
120.12 (aggravated assault upon a person less than eleven years old);
section 120.13 (menacing in the first degree); section 120.14 (menacing
in the second degree); section 120.15 (menacing in the third degree);
section 120.20 (reckless endangerment in the second degree); section
120.25 (reckless endangerment in the first degree); SECTION 121.11
(CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); section 121.12
(strangulation in the second degree); section 121.13 (strangulation in
the first degree); subdivision one of section 125.15 (manslaughter in
the second degree); subdivision one, two or four of section 125.20
(manslaughter in the first degree); section 125.25 (murder in the second
degree); SECTION 125.26 (AGGRAVATED MURDER); SECTION 125.27 (MURDER IN
THE FIRST DEGREE); section 120.45 (stalking in the fourth degree);
section 120.50 (stalking in the third degree); section 120.55 (stalking
in the second degree); section 120.60 (stalking in the first degree);
[subdivision one of] SECTION 130.20 (SEXUAL MISCONDUCT); SECTION 130.25
(RAPE IN THE THIRD DEGREE); SECTION 130.30 (RAPE IN THE SECOND DEGREE);
section 130.35 (rape in the first degree); [subdivision one of] SECTION
130.40 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45 (CRIMI-
NAL SEXUAL ACT IN THE SECOND DEGREE); section 130.50 (criminal sexual
act in the first degree); [subdivision one of] SECTION 130.52 (FORCIBLE
TOUCHING); SECTION 130.53 (PERSISTENT SEXUAL ABUSE); SECTION 130.55
(SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.60 (SEXUAL ABUSE IN THE
SECOND DEGREE); section 130.65 (sexual abuse in the first degree);
[paragraph (a) of subdivision one of] SECTION 130.65-A (AGGRAVATED SEXU-
AL ABUSE IN THE FOURTH DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL ABUSE
IN THE THIRD DEGREE); section 130.67 (aggravated sexual abuse in the
second degree); [paragraph (a) of subdivision 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 imprison-
ment in the first degree); section 135.20 (kidnapping in the second
degree); section 135.25 (kidnapping in the first degree); SECTION 135.35
(LABOR TRAFFICKING); SECTION 135.37 (AGGRAVATED LABOR TRAFFICKING);
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 tres-
pass in the first degree); section 140.20 (burglary in the third
S. 8305--A 6 A. 8805--A
degree); section 140.25 (burglary in the second degree); section 140.30
(burglary in the first degree); section 145.00 (criminal mischief in the
fourth degree); section 145.05 (criminal mischief in the third degree);
section 145.10 (criminal mischief in the second degree); section 145.12
(criminal mischief in the first degree); SECTION 145.60 (MAKING GRAFFI-
TI); SECTION 150.01 (ARSON IN THE FIFTH 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 165.25
(JOSTLING); SECTION 230.34 (SEX TRAFFICKING); SECTION 230.34-A (SEX
TRAFFICKING OF A CHILD); section 240.25 (harassment in the first
degree); subdivision one, two or four of section 240.30 (aggravated
harassment in the second degree); SECTION 240.50 (FALSELY REPORTING AN
INCIDENT IN THE THIRD DEGREE); SECTION 240.55 (FALSELY REPORTING AN
INCIDENT IN THE SECOND DEGREE); SECTION 240.60 (FALSELY REPORTING AN
INCIDENT IN THE FIRST DEGREE); SECTION 260.10 (ENDANGERING THE WELFARE
OF A CHILD); SUBDIVISION TWO OF SECTION 265.01 (CRIMINAL POSSESSION OF A
WEAPON IN THE FOURTH DEGREE); SUBDIVISION ONE OF SECTION 265.02 (CRIMI-
NAL POSSESSION OF A WEAPON IN THE THIRD DEGREE); SUBDIVISION ONE OF
SECTION 265.03 (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE);
SUBDIVISION ONE OF SECTION 265.04 (CRIMINAL POSSESSION OF A WEAPON IN
THE FIRST 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 terror-
ism); 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 (criminal 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 (criminal use of a chemical weapon or
biological weapon in the first degree); or any attempt or conspiracy to
commit any of the foregoing offenses.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART D
Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the correction law, the governor is authorized to close up to five
correctional facilities of the department of corrections and community
supervision, in the state fiscal year 2024-2025, as the governor deter-
mines 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. Such notice shall include the
list of facilities the governor plans to close, the number of incarcer-
S. 8305--A 7 A. 8805--A
ated individuals in said facilities, and the number of staff working in
said facilities. The commissioner of corrections and community super-
vision shall also report in detail to the temporary president of the
senate and the speaker of the assembly on the results of staff relo-
cation efforts within 60 days after such closure.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024 and shall
expire and be deemed repealed March 31, 2025.
PART E
Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax
law, as amended by section 1 of part G of chapter 55 of the laws of
2022, 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, two thousand
nineteen--two thousand twenty, two thousand twenty--two thousand twen-
ty-one, two thousand twenty-one--two thousand twenty-two, two thousand
twenty-two--two thousand twenty-three, [and] two thousand twenty-three-
-two thousand twenty-four, TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWEN-
TY-FIVE, AND TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX;
§ 2. This act shall take effect April 1, 2024.
PART F
Section 1. Legislative purpose. The objective of this act, which shall
be referred to as the "New York State Judicial Security Act", is to
improve the safety and security of judges of the courts of the unified
court system and of the federal courts sitting in New York state, of
certain other persons working in or with these courts, and of the imme-
diate families of all of the foregoing. Greater confidence in their
personal safety and security, and in that of their family members, will
enable members of the judiciary to perform their duties fairly without
fear of personal reprisal by litigants and others affected by the deci-
sions of, judges and others who work in and with the courts.
This objective will be accomplished by providing a means by which (i)
private information concerning active and former judges, and nonjudicial
court personnel, and their immediate families can be kept from public
display; and (ii) persons, businesses, associations, and public and
private agencies having such information can be forbidden from posting
it, or sharing or trading it with others.
This act shall be broadly construed to favor protections of the
private information of those persons designated hereunder as "eligible
individuals".
§ 2. The judiciary law is amended by adding a new article 22-C to read
as follows:
ARTICLE 22-C
NEW YORK STATE JUDICIAL SECURITY ACT
SECTION 859. NEW YORK STATE JUDICIAL SECURITY ACT.
S. 8305--A 8 A. 8805--A
§ 859. NEW YORK STATE JUDICIAL SECURITY ACT. 1. DEFINITIONS. AS USED
IN THIS ARTICLE:
(A) "ELIGIBLE INDIVIDUAL" SHALL MEAN:
(I) AN ACTIVELY EMPLOYED OR FORMER:
(A) JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM OR JUDGE OF THE HOUS-
ING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK;
(B) CLERK OF A COURT OF THE UNIFIED COURT SYSTEM OR OF A FEDERAL COURT
SITTING IN NEW YORK;
(C) EMPLOYEE OF THE UNITED STATES MARSHAL SERVICE SERVING IN NEW YORK
OR EMPLOYEE OF THE UNIFIED COURT SYSTEM OR A POLITICAL SUBDIVISION OF
THE STATE WHOSE OFFICIAL DUTIES INCLUDE THE PROVISION OF COURT SECURITY
SERVICES; OR
(D) EMPLOYEE OF THE UNIFIED COURT SYSTEM OR OF A FEDERAL COURT ESTAB-
LISHED IN NEW YORK, NOT OTHERWISE INCLUDED IN THIS PARAGRAPH, WHO HAS
BEEN SO DESIGNATED BY THE CHIEF ADMINISTRATOR OR THE APPROPRIATE ADMIN-
ISTRATIVE AUTHORITY FOR THE FEDERAL COURTS, RESPECTIVELY, WHERE, IN
THEIR OPINION, THERE IS EITHER EVIDENCE OF A PARTICULARIZED THREAT OR
THREATS TOWARDS SUCH EMPLOYEE OR THE EMPLOYEE'S DUTIES WARRANT SUCH
DESIGNATION IN ORDER TO PROVIDE FOR THE SAFETY AND SECURITY OF SUCH
EMPLOYEE; OR
(II) A FEDERAL JUDGE OR A SENIOR, RECALLED, OR RETIRED FEDERAL JUDGE
SITTING OR MAINTAINING CHAMBERS IN NEW YORK, WHERE SUCH FEDERAL JUDGE
MEANS:
(A) A JUSTICE OF THE UNITED STATES OR A JUDGE OF THE UNITED STATES, AS
THOSE TERMS ARE DEFINED IN SECTION 451 OF TITLE 28, UNITED STATES CODE;
(B) A BANKRUPTCY JUDGE APPOINTED UNDER SECTION 152 OF TITLE 28, UNITED
STATES CODE;
(C) A UNITED STATES MAGISTRATE JUDGE APPOINTED UNDER SECTION 631 OF
TITLE 28, UNITED STATES CODE;
(D) A JUDGE CONFIRMED BY THE UNITED STATES SENATE AND EMPOWERED BY
STATUTE IN ANY COMMONWEALTH, TERRITORY, OR POSSESSION TO PERFORM THE
DUTIES OF A FEDERAL JUDGE;
(E) A JUDGE OF THE UNITED STATES COURT OF FEDERAL CLAIMS APPOINTED
UNDER SECTION 171 OF TITLE 28, UNITED STATES CODE;
(F) A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
APPOINTED UNDER SECTION 7253 OF TITLE 38, UNITED STATES CODE;
(G) A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
APPOINTED UNDER SECTION 942 OF TITLE 10, UNITED STATES CODE;
(H) A JUDGE OF THE UNITED STATES TAX COURT APPOINTED UNDER SECTION
7443 OF THE INTERNAL REVENUE CODE OF 1986; OR
(I) A SPECIAL TRIAL JUDGE OF THE UNITED STATES TAX COURT APPOINTED
UNDER SECTION 7443A OF THE INTERNAL REVENUE CODE OF 1986.
(B) "IMMEDIATE FAMILY" SHALL MEAN, FOR EACH ELIGIBLE INDIVIDUAL, THE
SPOUSE, FORMER SPOUSE, PARENT, CHILD, SIBLING, AND ANY OTHER PERSON WHO
REGULARLY RESIDES OR HAS REGULARLY RESIDED IN THE ELIGIBLE INDIVIDUAL'S
HOUSEHOLD.
(C) "PERSONAL INFORMATION" SHALL INCLUDE THE FOLLOWING FOR AN ELIGIBLE
INDIVIDUAL AND, IF SUCH INDIVIDUAL SO INDICATES AS PROVIDED IN SUBPARA-
GRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, FOR THE
MEMBERS OF THEIR IMMEDIATE FAMILY: (I) HOME ADDRESS, INCLUDING PRIMARY
RESIDENCE AND SECONDARY RESIDENCES; (II) UNLISTED TELEPHONE NUMBER;
(III) PERSONAL CELL PHONE NUMBER; (IV) PERSONAL EMAIL ADDRESS; (V)
SOCIAL SECURITY NUMBER; (VI) DRIVER LICENSE NUMBER; (VII) LICENSE PLATE
NUMBER; (VIII) MARITAL STATUS AND IDENTITY OF ANY PRESENT AND FORMER
SPOUSE; (IX) IDENTITY OF CHILDREN UNDER THE AGE OF TWENTY-SIX; (X) NAME
AND ADDRESS OF A SCHOOL OR DAY CARE FACILITY ATTENDED BY AN IMMEDIATE
S. 8305--A 9 A. 8805--A
FAMILY MEMBER; (XI) BANK ACCOUNT NUMBER; (XII) CREDIT OR DEBIT CARD
NUMBER; (XIII) PERSONAL IDENTIFICATION NUMBER (PIN); (XIV) AUTOMATED OR
ELECTRONIC SIGNATURE; (XV) UNIQUE BIOMETRIC DATA; AND (XVI) ACCOUNT
PASSWORDS.
(D) "MAKING PUBLIC THE PERSONAL INFORMATION" OF AN IDENTIFIED PERSON
SHALL MEAN ANY EFFORT OR ACTION BY A PERSON, BUSINESS, ASSOCIATION, OR
PUBLIC OR PRIVATE AGENCY TO POST ON THE INTERNET OR OTHERWISE DISPLAY OR
PUBLISH IN ANY MEDIUM ACCESSIBLE TO THE PUBLIC SUCH IDENTIFIED PERSON'S
PERSONAL INFORMATION, TO SHARE OR TRADE SUCH INFORMATION WITH OTHERS, OR
TO OTHERWISE TRANSFER SUCH INFORMATION TO OTHERS.
(E) "WRITTEN REQUEST" MEANS AN APPLICATION IN WRITING AND SIGNED BY AN
ELIGIBLE INDIVIDUAL, OR THEIR REPRESENTATIVE, REQUESTING THAT THE CHIEF
ADMINISTRATOR OF THE COURTS OR THE ELIGIBLE INDIVIDUAL'S EMPLOYER, AS
APPROPRIATE, NOTIFY ONE OR MORE PERSONS, BUSINESSES, ASSOCIATIONS, OR
PUBLIC OR PRIVATE AGENCIES, OTHER THAN AN EXCLUDED ENTITY, THAT THEY
MUST REFRAIN FROM MAKING PUBLIC THE PERSONAL INFORMATION OF THAT ELIGI-
BLE INDIVIDUAL.
(F) "EXCLUDED ENTITY" MEANS A COMMERCIAL ENTITY ENGAGED IN THE FOLLOW-
ING ACTIVITY:
(I) REPORTING, NEWS-GATHERING, SPEAKING, OR OTHER ACTIVITY INTENDED TO
INFORM THE PUBLIC ON MATTERS OF PUBLIC INTEREST OR PUBLIC CONCERN;
(II) USING PERSONAL INFORMATION INTERNALLY, PROVIDING ACCESS TO BUSI-
NESSES UNDER COMMON OWNERSHIP OR AFFILIATED BY CORPORATE CONTROL, OR
SELLING OR PROVIDING DATA FOR TRANSACTION OR SERVICE REQUESTED BY OR
CONCERNING THE INDIVIDUAL WHOSE PERSONAL INFORMATION IS BEING TRANS-
FERRED;
(III) PROVIDING PUBLICLY AVAILABLE INFORMATION VIA REAL-TIME OR NEAR
REAL-TIME ALERT SERVICES FOR HEALTH OR SAFETY PURPOSES;
(IV) ANY ACTIVITY WHERE THE COMMERCIAL ENTITY IS A CONSUMER REPORTING
AGENCY SUBJECT TO THE FAIR CREDIT REPORTING ACT (15 U.S.C. 1681, ET
SEQ.);
(V) ANY ACTIVITY WHERE THE COMMERCIAL ENTITY IS A FINANCIAL INSTITU-
TION SUBJECT TO THE GRAMM-LEACH-BLILEY ACT (PUBLIC LAW 106-102) AND
REGULATIONS IMPLEMENTING THAT ACT; AND
(VI) THE COLLECTION AND SALE OR LICENSING OF PERSONAL INFORMATION
INCIDENTAL TO CONDUCTING THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH.
(G) "PUBLIC AGENCY" SHALL MEAN AN AGENCY OF THE STATE OF NEW YORK AND
ANY OF ITS POLITICAL SUBDIVISIONS.
2. WRITTEN REQUEST; NOTIFICATION BY CHIEF ADMINISTRATOR OF THE COURTS
OR EMPLOYER. (A) THIS SUBDIVISION SHALL APPLY TO EVERY ELIGIBLE INDIVID-
UAL. AN ELIGIBLE INDIVIDUAL OR THEIR REPRESENTATIVE MAY SUBMIT A WRIT-
TEN REQUEST TO THE CHIEF ADMINISTRATOR OF THE COURTS, IF THE ELIGIBLE
INDIVIDUAL IS AN ACTIVE OR FORMER JUDGE, JUSTICE, JUDGE OF THE HOUSING
PART OF THE CIVIL COURT OF THE CITY OF NEW YORK, OR NONJUDICIAL EMPLOYEE
OF THE UNIFIED COURT SYSTEM, OR, IF NOT, TO THE ELIGIBLE INDIVIDUAL'S
EMPLOYER OR, IF THE ELIGIBLE INDIVIDUAL IS NO LONGER IN SERVICE, TO THE
PERSON OR OFFICE WHO WOULD BE THEIR EMPLOYER WERE SUCH INDIVIDUAL STILL
IN SERVICE. FOR PURPOSES OF THIS SUBDIVISION, THE EMPLOYER OF A FEDERAL
JUDGE SHALL BE THE APPROPRIATE ADMINISTRATIVE AUTHORITY FOR THE COURT IN
WHICH SUCH FEDERAL JUDGE SERVES. THE WRITTEN REQUEST SHALL SPECIFY:
(I) THOSE ITEMS OF PERSONAL INFORMATION THAT THE ELIGIBLE INDIVIDUAL
WISHES TO BE KEPT FROM BEING MADE PUBLIC;
(II) THE IDENTITY OF MEMBERS OF THE ELIGIBLE INDIVIDUAL'S IMMEDIATE
FAMILY AND WHETHER, FOR PURPOSES OF THE WRITTEN REQUEST, THEIR PERSONAL
INFORMATION SHOULD BE DEEMED TO INCLUDE THAT OF SUCH IMMEDIATE FAMILY
MEMBERS; AND
S. 8305--A 10 A. 8805--A
(III) EACH PERSON, BUSINESS, ASSOCIATION, AND PUBLIC OR PRIVATE AGENCY
THAT THE ELIGIBLE INDIVIDUAL WISHES TO BAR FROM MAKING PUBLIC THE
PERSONAL INFORMATION OF SUCH ELIGIBLE INDIVIDUAL.
(B) THE CHIEF ADMINISTRATOR AND EACH EMPLOYER TO WHICH A WRITTEN
REQUEST MAY BE SUBMITTED UNDER THIS SUBDIVISION SHALL DEVELOP PROCEDURES
TO REVIEW AND PROCESS SUCH REQUESTS.
(C) (I) IF A WRITTEN REQUEST HAS BEEN PROPERLY SUBMITTED AND IS
COMPLETE, THE CHIEF ADMINISTRATOR OR EMPLOYER, AS APPROPRIATE, SHALL,
WITHIN FIVE BUSINESS DAYS OF RECEIPT OF SUCH WRITTEN REQUEST FROM AN
ELIGIBLE INDIVIDUAL, NOTIFY EACH PERSON, BUSINESS, ASSOCIATION, AND
PUBLIC OR PRIVATE AGENCY IDENTIFIED IN THE WRITTEN REQUEST THAT (A)
BEGINNING WITHIN SEVENTY-TWO HOURS OF RECEIPT OF SUCH NOTIFICATION, THEY
MUST CEASE MAKING PUBLIC THE PERSONAL INFORMATION OF THE ELIGIBLE INDI-
VIDUAL IDENTIFIED IN SUCH REQUEST, AND (B) WITHIN TWENTY BUSINESS DAYS
OF SUCH RECEIPT, MUST DELETE OR OTHERWISE REMOVE ANY EXISTING POSTING ON
THE INTERNET AND ANY DISPLAY OR PUBLICATION IN ANY MEDIUM ACCESSIBLE TO
THE PUBLIC CONTAINING SUCH PERSONAL INFORMATION AS IS SPECIFIED IN THE
WRITTEN REQUEST OF THE ELIGIBLE INDIVIDUAL ON WHOSE BEHALF THE NOTIFICA-
TION IS MADE. FOR PURPOSES OF THIS SUBPARAGRAPH, NOTIFICATION SHALL BE
BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, EITHER AT THE RECIPIENT'S
LAST KNOWN RESIDENCE (IF RECIPIENT IS A PERSON) OR AT THE RECIPIENT'S
PRINCIPAL OFFICE (WHICH SHALL BE THE LOCATION AT WHICH THE OFFICE OF THE
CHIEF EXECUTIVE OFFICER OF THE RECIPIENT IS GENERALLY LOCATED).
(II) NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY,
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY TO:
(A) DISPLAY ON THE INTERNET OF THE PERSONAL INFORMATION OF AN ELIGIBLE
INDIVIDUAL IF SUCH INFORMATION IS RELEVANT TO AND DISPLAYED AS PART OF A
NEWS STORY, COMMENTARY, EDITORIAL, OR OTHER SPEECH ON A MATTER OF PUBLIC
CONCERN;
(B) PERSONAL INFORMATION THAT THE ELIGIBLE INDIVIDUAL VOLUNTARILY
PUBLISHES ON THE INTERNET AFTER THE EFFECTIVE DATE OF THIS SECTION;
(C) PERSONAL INFORMATION RECEIVED FROM A PUBLIC AGENCY OR FROM AN
AGENCY OF THE FEDERAL GOVERNMENT; AND
(D) PERMISSIBLE USES OF PERSONAL INFORMATION PURSUANT TO THE DRIVER'S
PRIVACY PROTECTION ACT (18 U.S.C. § 2721 ET SEQ.), EXCEPT THAT NO ELIGI-
BLE INDIVIDUAL MAKING A WRITTEN REQUEST UNDER THIS ARTICLE SHALL BE
DEEMED TO HAVE GIVEN EXPRESS CONSENT TO SHARE PERSONAL INFORMATION FOR
THE PURPOSES OF 18 U.S.C. § 2721(B), UNLESS THE WRITTEN REQUEST CONTAINS
AN EXPRESS DECLARATION TO THE CONTRARY.
3. DURATION OF NOTIFICATION. A NOTIFICATION ISSUED BY OR ON BEHALF OF
AN ELIGIBLE INDIVIDUAL PURSUANT TO SUBDIVISION TWO OF THIS SECTION
EXPIRES ON THEIR DEATH; PROVIDED, HOWEVER, WHERE A NOTIFICATION HERE-
UNDER BARS MAKING PUBLIC THE PERSONAL INFORMATION OF A MEMBER OF AN
ELIGIBLE INDIVIDUAL'S IMMEDIATE FAMILY, THAT BAR SHALL REMAIN IN EFFECT
UNTIL THE DEATH OF SUCH IMMEDIATE FAMILY MEMBER UNLESS THAT PERSON OR
THE ELIGIBLE INDIVIDUAL SOONER RESCINDS IT. IF AN ELIGIBLE INDIVIDUAL
WISHES TO RESCIND SUCH A NOTIFICATION, THEY OR THE CHIEF ADMINISTRATOR
OF THE COURTS OR THE ELIGIBLE INDIVIDUAL'S EMPLOYER, AS APPROPRIATE,
UPON REQUEST FROM THE COVERED INDIVIDUAL, MAY PROVIDE A PERSON, BUSI-
NESS, ASSOCIATION, OR PUBLIC OR PRIVATE AGENCY WITH WRITTEN PERMISSION
TO MAKE PUBLIC THEIR PERSONAL INFORMATION.
4. RECIPIENT OF NOTIFICATION NOT TO MAKE AN ELIGIBLE INDIVIDUAL'S
PERSONAL INFORMATION PUBLIC; JUDICIAL RELIEF AVAILABLE UPON NON-COMPLI-
ANCE. (A) AFTER A PERSON, BUSINESS, ASSOCIATION, OR PUBLIC OR PRIVATE
AGENCY HAS RECEIVED A NOTIFICATION PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
SION TWO OF THIS SECTION, THEY SHALL HAVE (I) SEVENTY-TWO HOURS TO CEASE
S. 8305--A 11 A. 8805--A
MAKING PUBLIC THE PERSONAL INFORMATION OF THE ELIGIBLE INDIVIDUAL IDEN-
TIFIED IN SUCH NOTIFICATION, AND (II) TWENTY BUSINESS DAYS WITHIN WHICH
TO DELETE OR OTHERWISE REMOVE ANY EXISTING POSTINGS ON THE INTERNET AND
ANY DISPLAY OR PUBLICATION IN ANY MEDIUM ACCESSIBLE TO THE PUBLIC
CONTAINING SUCH PERSONAL INFORMATION.
(B) AN ELIGIBLE INDIVIDUAL MAY SEEK AN INJUNCTION OR DECLARATORY
RELIEF IN A COURT OF COMPETENT JURISDICTION AGAINST A PERSON, BUSINESS,
ASSOCIATION, OR PUBLIC OR PRIVATE AGENCY THAT, AFTER RECEIVING A NOTIFI-
CATION PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION,
FAILS TO TIMELY COMPLY WITH THE REQUIREMENTS OF SUCH NOTIFICATION. IF
THE COURT GRANTS SUCH INJUNCTIVE OR DECLARATORY RELIEF, THE AFFECTED
PERSON, BUSINESS, ASSOCIATION, OR AGENCY SHALL BE REQUIRED TO PAY THE
ELIGIBLE INDIVIDUAL'S COSTS AND REASONABLE ATTORNEY'S FEES.
(C) UPON A VIOLATION OF ANY ORDER GRANTING INJUNCTIVE OR DECLARATIVE
RELIEF OBTAINED PURSUANT TO THIS SUBDIVISION, THE COURT ISSUING SUCH
ORDER MAY: (I) WHERE THE VIOLATOR IS A PUBLIC AGENCY, IMPOSE A FINE NOT
EXCEEDING ONE THOUSAND DOLLARS AND REQUIRE THE PAYMENT OF COURT COSTS
AND REASONABLE ATTORNEY FEES; OR (II) WHERE THE VIOLATOR IS A PERSON,
BUSINESS, ASSOCIATION, OR PRIVATE AGENCY, AWARD DAMAGES TO THE AFFECTED
ELIGIBLE INDIVIDUAL IN AN AMOUNT UP TO A MAXIMUM OF THREE TIMES THE
ACTUAL DAMAGES, BUT NOT LESS THAN FOUR THOUSAND DOLLARS, AND REQUIRE THE
PAYMENT OF COURT COSTS AND REASONABLE ATTORNEY FEES.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE DEPARTMENT
OF MOTOR VEHICLES RECEIVES A NOTIFICATION PURSUANT TO PARAGRAPH (C) OF
SUBDIVISION TWO OF THIS SECTION, SUCH DEPARTMENT SHALL COMPLY THEREWITH
EXCEPT THAT, WHERE THE NOTIFICATION REQUIRES THE DEPARTMENT TO CEASE
MAKING A PERSON'S ADDRESS PUBLIC, THE DEPARTMENT MAY MAKE THEIR BUSINESS
ADDRESS PUBLIC.
§ 3. Section 120.09 of the penal law, as added by chapter 148 of the
laws of 2011, is amended to read as follows:
§ 120.09 Assault on a judge.
A person is guilty of assault on a judge when, with intent to [cause
serious physical injury and] prevent a judge from performing official
judicial duties, [he or she] SUCH PERSON causes serious physical injury
to such judge. [For the purposes of this section, the term judge shall
mean a judge of a court of record or a justice court.]
Assault on a judge is a class C felony.
§ 4. The penal law is amended by adding a new section 120.09-a to read
as follows:
§ 120.09-A AGGRAVATED ASSAULT ON A JUDGE.
A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE WHEN, WITH INTENT
TO CAUSE SERIOUS PHYSICAL INJURY AND PREVENT A JUDGE FROM PERFORMING
OFFICIAL JUDICIAL DUTIES, SUCH PERSON CAUSES SERIOUS PHYSICAL INJURY TO
SUCH JUDGE.
AGGRAVATED ASSAULT ON A JUDGE IS A CLASS B FELONY.
§ 5. The penal law is amended by adding a new section 120.41 to read
as follows:
§ 120.41 ADDITIONAL DEFINITIONS.
FOR PURPOSES OF SECTIONS 120.09, 120.09-A, 120.45, 120.50, 120.55 AND
120.60 OF THIS ARTICLE:
1. "SOCIAL NETWORKING WEBSITES" SHALL MEAN WEBSITES ON THE INTERNET
THAT PERMIT PERSONS TO BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISH-
ING RELATIONSHIPS WITH OTHER USERS, WHERE SUCH PERSONS (I) MAY CREATE
WEB PAGES OR PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES AND/OR
UPLOAD PHOTOS, VIDEO, WRITTEN POSTS, AND OTHER CONTENT WHERE SUCH WEB
PAGES OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS, AND/OR
S. 8305--A 12 A. 8805--A
(II) MAY COMMUNICATE WITH OTHER USERS, SUCH AS THROUGH CHAT ROOMS,
INSTANT MESSENGER, DIRECT MESSAGING, EMAILING, AND/OR MESSAGE BOARDS.
2. "PERSONAL INFORMATION" SHALL INCLUDE, BUT IS NOT LIMITED TO, THE
FOLLOWING: (I) HOME ADDRESS, (II) TELEPHONE NUMBER, (III) CELL PHONE
NUMBER, (IV) EMAIL ADDRESS, (V) SOCIAL SECURITY NUMBER, (VI) DRIVER
LICENSE NUMBER, (VII) MARITAL STATUS AND IDENTITY OF ANY PRESENT AND
FORMER SPOUSE, (VIII) IDENTITY OF CHILDREN UNDER EIGHTEEN, (IX) BANK
ACCOUNT NUMBER, (X) CREDIT OR DEBIT CARD NUMBER, (XI) PERSONAL IDENTIFI-
CATION NUMBER (PIN), (XII) AUTOMATED OR ELECTRONIC SIGNATURE, (XIII)
UNIQUE BIOMETRIC DATA, AND (XIV) ACCOUNT PASSWORDS.
3. "JUDGE" SHALL INCLUDE AN EMPLOYED OR FORMER JUDGE OR JUSTICE OF THE
UNIFIED COURT SYSTEM, A JUDGE OR FORMER JUDGE OF THE HOUSING PART OF THE
CIVIL COURT OF THE CITY OF NEW YORK, AND AN ACTIVELY EMPLOYED OR FORMER
FEDERAL JUDGE OR MAGISTRATE WHO SITS IN NEW YORK STATE (OR, IF A FORMER
FEDERAL JUDGE OR MAGISTRATE, WHO, WHILE ACTIVE, SAT IN NEW YORK STATE).
§ 6. Subdivision 2 of section 120.45 of the penal law, as amended by
chapter 184 of the laws of 2014, is amended to read as follows:
2. causes material harm to the mental or emotional health of such
person, where such conduct consists of EITHER (I) following, telephoning
or initiating communication or contact with such person, a member of
such person's immediate family or a third party with whom such person is
acquainted, and the actor was previously clearly informed to cease that
conduct, OR (II) DISSEMINATING PERSONAL INFORMATION THROUGH OR POSTING
PERSONAL INFORMATION ON SOCIAL NETWORKING WEBSITES ABOUT SUCH PERSON, A
MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY OR A THIRD PARTY WITH WHOM SUCH
PERSON IS ACQUAINTED; or
§ 7. The second undesignated paragraph of section 120.45 of the penal
law, as added by chapter 184 of the laws of 2014, is amended to read as
follows:
For the purposes of THIS SECTION, IT SHALL CONSTITUTE PRESUMPTIVE
EVIDENCE OF "HAVING NO LEGITIMATE PURPOSE" WHEN (I) THE VICTIM OF THE
CONDUCT DESCRIBED UNDER THIS SECTION IS AN ACTIVE OR FORMER JUDGE, OR A
MEMBER OF THEIR IMMEDIATE FAMILY, AND (II) THE PERSON CHARGED PURSUANT
TO THIS SECTION, OR A MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY, WAS OR
IS A PARTY TO A JUDICIAL PROCEEDING PENDING BEFORE THAT JUDGE. FOR
PURPOSES OF subdivision two of this section, "following" shall include
the unauthorized tracking of such person's movements or location through
the use of a global positioning system or other device, AND ANY POSTING
ON SOCIAL NETWORKING WEBSITES OF PERSONAL INFORMATION SHALL BE CONSID-
ERED A "COURSE OF CONDUCT" WHEN THE DEFENDANT HAS BEEN NOTIFIED THAT THE
INDIVIDUAL WHOSE PERSONAL INFORMATION HAS BEEN POSTED HAS REQUESTED THE
DISSEMINATION CEASE AND/OR THE POSTING BE DELETED OR OTHERWISE REMOVED
FROM ONLINE PUBLICATION AND SEVENTY-TWO HOURS HAVE ELAPSED WITHOUT THE
DEFENDANT REQUESTING OR COMPLETING SUCH CESSATION, DELETION, OR REMOVAL.
§ 8. Subdivision 5 of section 120.55 of the penal law, as added by
chapter 598 of the laws of 2003, is amended and a new subdivision 6 is
added to read as follows:
5. Commits the crime of stalking in the third degree, as defined in
subdivision three of section 120.50 of this article, against ten or more
persons, in ten or more separate transactions, for which the actor has
not been previously convicted[.]; OR
6. COMMITS THE CRIME OF STALKING IN THE FOURTH DEGREE, AS DEFINED IN
SECTION 120.45 OF THIS ARTICLE, AGAINST A JUDGE OR A MEMBER OF A JUDGE'S
IMMEDIATE FAMILY.
§ 9. Section 120.60 of the penal law, as amended by chapter 434 of the
laws of 2000, is amended to read as follows:
S. 8305--A 13 A. 8805--A
§ 120.60 Stalking in the first degree.
A person is guilty of stalking in the first degree when [he or she]
SUCH PERSON:
1. commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 or stalking in the second degree as
defined in section 120.55 of this article and, in the course and furth-
erance thereof, [he or she] SUCH PERSON:
[1.](A) intentionally or recklessly causes physical injury to the
victim of such crime; or
[2.](B) commits a class A misdemeanor defined in article one hundred
thirty of this chapter, or a class E felony defined in section 130.25,
130.40 or 130.85 of this chapter, or a class D felony defined in section
130.30 or 130.45 of this chapter; OR
2. COMMITS THE CRIME OF STALKING IN THE SECOND DEGREE, AS DEFINED IN
SUBDIVISION SIX OF SECTION 120.55, AND HAS PREVIOUSLY BEEN CONVICTED OF
AN OFFENSE DEFINED UNDER THIS SECTION OR SECTION 120.45, 120.50, OR
120.55 OF THIS ARTICLE WITHIN THE PRIOR FIVE YEARS.
Stalking in the first degree is a class D felony.
§ 10. The penal law is amended by adding a new section 240.33 to read
as follows:
§ 240.33 AGGRAVATED HARASSMENT OF A JUDGE.
A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A JUDGE WHEN:
1. WITH INTENT TO HARASS ANOTHER PERSON, THE ACTOR EITHER:
(A) COMMUNICATES, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, BY COMPUTER
OR ANY OTHER ELECTRONIC MEANS, OR BY MAIL, OR BY TRANSMITTING OR DELIV-
ERING ANY OTHER FORM OF COMMUNICATION, A THREAT TO CAUSE PHYSICAL HARM
TO, OR UNLAWFUL HARM TO THE PROPERTY OF, A PERSON THE ACTOR KNOWS OR
REASONABLY SHOULD KNOW IS A JUDGE, OR A MEMBER OF SUCH JUDGE'S IMMEDIATE
FAMILY, AND THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNI-
CATION WILL CAUSE SUCH JUDGE TO REASONABLY FEAR HARM TO SUCH JUDGE'S
PHYSICAL SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A
MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY; OR
(B) CAUSES A COMMUNICATION TO BE INITIATED ANONYMOUSLY OR OTHERWISE,
BY TELEPHONE, BY COMPUTER OR ANY OTHER ELECTRONIC MEANS, OR BY MAIL, OR
BY TRANSMITTING OR DELIVERING ANY OTHER FORM OF COMMUNICATION, A THREAT
TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO THE PROPERTY OF, A PERSON
THE ACTOR KNOWS OR REASONABLY SHOULD KNOW IS A JUDGE, OR A MEMBER OF
SUCH JUDGE'S IMMEDIATE FAMILY, AND THE ACTOR KNOWS OR REASONABLY SHOULD
KNOW THAT SUCH COMMUNICATION WILL CAUSE SUCH JUDGE TO REASONABLY FEAR
HARM TO SUCH PERSON'S PHYSICAL SAFETY OR PROPERTY, OR TO THE PHYSICAL
SAFETY OR PROPERTY OF A MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY; OR
2. WITH INTENT TO HARASS OR THREATEN A PERSON THE ACTOR KNOWS OR
REASONABLY SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH JUDGE'S IMMEDIATE
FAMILY, THE ACTOR MAKES A TELEPHONE CALL, WHETHER OR NOT A CONVERSATION
ENSUES, WITH NO PURPOSE OF LEGITIMATE COMMUNICATION; OR
3. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON THE
ACTOR KNOWS OR REASONABLY SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH
JUDGE'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES, KICKS, OR OTHERWISE
SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO
DO THE SAME BECAUSE OF A BELIEF OR PERCEPTION REGARDING SUCH PERSON'S
RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR
EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL
ORIENTATION, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT;
OR
4. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON THE
ACTOR KNOWS OR REASONABLY SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH
S. 8305--A 14 A. 8805--A
JUDGE'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES, KICKS OR OTHERWISE
SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT THEREBY CAUSING PHYSICAL
INJURY TO SUCH PERSON OR TO AN IMMEDIATE FAMILY MEMBER OF SUCH PERSON;
OR
5. THE ACTOR COMMITS THE CRIME OF HARASSMENT IN THE FIRST DEGREE
AGAINST A PERSON THE ACTOR KNOWS OR REASONABLY SHOULD KNOW IS A JUDGE OR
A MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY AND HAS PREVIOUSLY BEEN
CONVICTED OF THE CRIME OF HARASSMENT IN THE FIRST DEGREE AS DEFINED BY
SECTION 240.25 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
FOR PURPOSES OF THIS SECTION: "JUDGE" SHALL INCLUDE AN EMPLOYED OR
FORMER JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM, A JUDGE OR FORMER
JUDGE OF THE HOUSING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK,
AND AN ACTIVELY EMPLOYED OR FORMER FEDERAL JUDGE OR MAGISTRATE WHO SITS
IN NEW YORK STATE (OR, IF A FORMER FEDERAL JUDGE OR MAGISTRATE, WHO,
WHILE ACTIVE, SAT IN NEW YORK STATE); AND "IMMEDIATE FAMILY" MEANS THE
SPOUSE, FORMER SPOUSE, PARENT, CHILD, SIBLING, OR ANY OTHER PERSON WHO
REGULARLY RESIDES OR HAS REGULARLY RESIDED IN THE HOUSEHOLD OF A PERSON.
AGGRAVATED HARASSMENT OF A JUDGE IS A CLASS E FELONY.
§ 11. Section 3-220 of the election law is amended by adding a new
subdivision 8 to read as follows:
8. WHERE A BOARD OF ELECTIONS RECEIVES A NOTIFICATION PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED FIFTY-NINE OF
THE JUDICIARY LAW, SUCH BOARD OF ELECTIONS SHALL COMPLY WITH SUCH
NOTIFICATION, EXCEPT THAT WHERE THE NOTIFICATION REQUIRES THE BOARD OF
ELECTIONS TO CEASE MAKING A PERSON'S ADDRESS PUBLIC, SUCH BOARD SHALL
NOT COMPLY THEREWITH FROM THE DATE OF FILING OF ANY BALLOT ACCESS OR
RELATED DOCUMENT CONTAINING SUCH ADDRESS UNTIL THIRTY DAYS AFTER THE
LAST DAY TO COMMENCE A SPECIAL PROCEEDING OR ACTION WITH RESPECT TO SUCH
FILING.
§ 12. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, the provisions of sections three,
four, five, six, seven, eight, nine and ten of this act shall take
effect the first day of November next succeeding the ninetieth day
following the date on which this act shall have become a law.
PART G
Section 1. Subdivision 8 of section 10 of the cannabis law, as amended
by section 9 of part UU of chapter 56 of the laws of 2023, is amended to
read as follows:
8. To conduct regulatory inspections during normal business hours of
any place of business, including a vehicle OR STORAGE FACILITY used for
such business, where medical cannabis, adult-use cannabis, cannabis,
cannabis product, cannabinoid hemp, hemp extract products, or any
products marketed or labeled as such, are cultivated, processed, stored,
distributed or sold by any person holding a registration, license, or
permit under this chapter, or by any person who is engaging in activity
for which a license would be required under this chapter. For the
purposes of this subdivision, "place of business" shall not include a
residence or other real property not otherwise held out as open to the
public or otherwise being utilized in a business or commercial manner or
any private vehicle OR STORAGE FACILITY on or about the same such prop-
erty, unless probable cause exists to believe that such residence, real
property, or vehicle are being used in such business or commercial
manner for the activity described herein.
S. 8305--A 15 A. 8805--A
§ 2. Subdivisions 3 and 5 of section 11 of the cannabis law, as
amended by section 10 of part UU of chapter 56 of the laws of 2023, are
amended to read as follows:
3. To conduct regulatory inspections during normal business hours of
any place of business, including a vehicle OR STORAGE FACILITY used for
such business, where cannabis, cannabis product, cannabinoid hemp, hemp
extract products, or any products marketed or labeled as such, are
cultivated, processed, manufactured, DISTRIBUTED, STORED, or sold, irre-
spective of whether a registration, license, or permit has been issued
under this chapter. For the purposes of this subdivision, "place of
business" shall not include a residence or other real property not
otherwise held out as open to the public or otherwise being utilized in
a business or commercial manner or any private vehicle OR STORAGE FACIL-
ITY on or about the same such property, unless probable cause exists to
believe that such residence, real property, or vehicle are being used in
such business or commercial manner for the activity described herein.
5. To conduct regulatory inspections during normal business hours of
any registered, licensed or permitted place of business, including a
vehicle OR STORAGE FACILITY used for such business, where medical canna-
bis, adult-use cannabis, cannabinoid hemp, hemp extract products, or any
products marketed or labeled as such, are cultivated, processed, stored,
distributed or sold. For the purposes of this subdivision, "place of
business" shall not include a residence or other real property not
otherwise held out as open to the public or otherwise being utilized in
a business or commercial manner or any private vehicle OR STORAGE FACIL-
ITY on or about the same such property, unless probable cause exists to
believe that such residence, real property, or vehicle are being used in
such business or commercial manner for the activity described herein.
§ 3. Section 16 of the cannabis law is amended by adding a new subdi-
vision 7 to read as follows:
7. ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION OR
SECTION SIXTEEN-A OF THIS ARTICLE OR SECTION ONE HUNDRED THIRTY-EIGHT-A
OF THIS CHAPTER MAY BE FILED UNDER TEMPORARY SEAL AND THE CLERK SHALL
PROVIDE A SEALED INDEX NUMBER UPON REQUEST OF THE OFFICE OR THE ATTORNEY
GENERAL. IF TEMPORARY SEALING CANNOT BE IMPLEMENTED VIA THE COURT'S
ELECTRONIC FILING SYSTEM, SUCH ACTION OR PROCEEDING SHALL BE PERMITTED
BY THE COURT TO BE FILED THROUGH HARD COPY.
§ 4. Section 16-a of the cannabis law, as added by section 12 of part
UU of chapter 56 of the laws of 2023, is amended to read as follows:
§ 16-a. Emergency relief. Following service of [a notice of violation
and] AN order requiring immediate cessation of unlicensed activity under
this chapter, the office of cannabis management, or the attorney gener-
al, at the request of and on behalf of the office, OR ANY COUNTY ATTOR-
NEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT AUTHORIZED PURSUANT TO
SUBDIVISION EIGHT OF THIS SECTION TO BRING AND MAINTAIN A CIVIL PROCEED-
ING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS SECTION, may
bring and maintain a civil proceeding in the supreme court of the county
in which the building or premises is located to permanently enjoin such
unlicensed activity when conducted, maintained, or permitted in such
building or premises, occupied as a place of business as described in
subdivision eight of section ten of this chapter, in violation of subdi-
vision one or one-a of section one hundred twenty-five of this chapter
or subdivision eight of section one hundred thirty-two of this chapter,
which shall constitute an unlicensed activity that presents a danger to
the public health, safety, and welfare, and shall also enjoin the person
S. 8305--A 16 A. 8805--A
or persons conducting or maintaining such unlicensed activity, in
accordance with the following procedures:
1. Proceeding for permanent injunction. (a) To the extent known, the
owner, lessor, and lessee of a building or premises wherein the unli-
censed activity is being conducted, maintained, or permitted shall be
made defendants in the proceeding. The venue of such proceeding shall be
in the county where the unlicensed activity is being conducted, main-
tained, or permitted OR IN ANY VENUE WHERE A RESPONDENT IS LOCATED. The
existence of an adequate remedy at law shall not prevent the granting of
temporary or permanent relief pursuant to this section.
(b) The proceeding shall name as defendants the building or premises
wherein the unlicensed activity is being conducted, maintained, or
permitted, by describing it by tax lot and street address and at least
one of the owners of some part of or interest in the property.
(c) In rem jurisdiction shall be complete over the building or prem-
ises wherein the unlicensed activity is being conducted, maintained, or
permitted by affixing the notice of petition OR ORDER TO SHOW CAUSE to
the door of the building or premises and by mailing the notice of peti-
tion OR ORDER TO SHOW CAUSE by certified or registered mail, return
receipt requested, to one of the owners of some part of or interest in
the property. Proof of service shall be filed [within two days] PROMPTLY
thereafter with the clerk of the court designated in the notice of peti-
tion OR ORDER TO SHOW CAUSE. In any county where e-filing is unavail-
able, proof of service may be mailed to the clerk. Service shall be
complete upon such filing or mailing.
(d) Defendants, other than the building or premises wherein the unli-
censed activity is being conducted, maintained, or permitted, shall be
served with the notice of petition OR ORDER TO SHOW CAUSE as provided in
the civil practice law and rules or pursuant to court order. No more
than thirty days prior to such service, the office shall mail a copy, by
certified mail, of any [prior notice of violation or letter or] order to
cease and desist relating to the unlicensed activity at the building or
premises to the person in whose name the real estate affected by the
proceeding is recorded in the office of the city register or the county
clerk, as the case may be, who shall be presumed to be the owner there-
of. Such mailing shall constitute notice to the owner and shall be
deemed to be complete upon such mailing by the office as provided above.
No more than fifteen days prior to such service, the office, [or] the
attorney general, at the request of and on behalf of the office of
cannabis management, OR ANY LOCAL GOVERNMENT AUTHORIZED PURSUANT TO
SUBDIVISION EIGHT OF THIS SECTION shall verify the ongoing occupancy of
any natural person who is a tenant of record and alleged to have caused
or permitted the unlicensed activity in the building or premises wherein
the unlicensed activity is alleged to have been conducted, maintained,
or permitted. [If at any time such defendants vacate such building or
premises, any action or proceeding filed in accordance with these proce-
dures relating to such building or premises shall be withdrawn.]
(e) With respect to any proceeding commenced or to be commenced pursu-
ant to this section by the office of cannabis management or the attorney
general, at the request of and on behalf of the office, may file a
notice of pendency pursuant to the provisions of article sixty-five of
the civil practice law and rules.
(f) The person in whose name the real estate affected by the proceed-
ing is recorded in the office of the city register or the county clerk,
as the case may be, shall be presumed to be the owner thereof. Upon
being served in a proceeding under this section, such owner shall, to
S. 8305--A 17 A. 8805--A
the extent known, provide to the office of cannabis management, within
three days, the names of any other owners, lessors and lessees of the
building or premises that is the subject of the proceeding. Thereafter,
such owners, lessors and lessees may be made parties to the proceeding.
(g) Whenever there is evidence that a person was the manager, opera-
tor, supervisor or, in any other way, in charge of the premises, at the
time the unlicensed activity was being conducted, maintained, or permit-
ted, such evidence shall be presumptive that [he or she was] THEY WERE
an agent or employee of the owner or lessee of the building or premises.
(h) A DEFENDANT SHALL FURNISH TO ANY OTHER PARTY, WITHIN FIVE DAYS
AFTER A DEMAND, A VERIFIED STATEMENT IDENTIFYING:
(I) IF THE RESPONDING PARTY IS A NATURAL PERSON, SUCH PARTY'S: (1)
FULL LEGAL NAME; (2) DATE OF BIRTH; (3) CURRENT HOME OR BUSINESS STREET
ADDRESS; AND (4) A UNIQUE IDENTIFYING NUMBER FROM: (A) AN UNEXPIRED
PASSPORT; (B) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (C) AN UNEXPIRED
IDENTIFICATION CARD OR DOCUMENT ISSUED BY A STATE OR LOCAL GOVERNMENT
AGENCY OR TRIBAL AUTHORITY FOR THE PURPOSE OF IDENTIFICATION OF THAT
INDIVIDUAL;
(II) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY PART-
NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
INCLUDING A FOR PROFIT OR NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
CLUB, THE INFORMATION REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH FOR EACH OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR
OTHER JURISDICTION OF ITS FORMATION;
(III) IF THE RESPONDING PARTY IS A CORPORATION, ITS STATE OR OTHER
JURISDICTION OF INCORPORATION, PRINCIPAL PLACE OF BUSINESS, AND ANY
STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
(IV) IF THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO ANY
INFORMATION PROVIDED PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF THIS
PARAGRAPH, AND TO THE EXTENT NOT PREVIOUSLY PROVIDED, EACH BENEFICIAL
OWNER OF THE RESPONDING PARTY BY: (1) FULL LEGAL NAME; (2) DATE OF
BIRTH; (3) CURRENT HOME OR BUSINESS STREET ADDRESS; AND (4) A UNIQUE
IDENTIFYING NUMBER FROM: (A) AN UNEXPIRED PASSPORT; (B) AN UNEXPIRED
STATE DRIVER'S LICENSE; OR (C) AN UNEXPIRED IDENTIFICATION CARD OR DOCU-
MENT ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY
FOR THE PURPOSE OF IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN THIS
SUBPARAGRAPH, THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS
DEFINED IN 31 U.S.C. § 5336(A)(3), AS AMENDED, AND ANY REGULATIONS
PROMULGATED THEREUNDER.
(I) If a finding is made that the defendant has conducted, maintained,
or permitted the unlicensed activity a penalty, to be included in the
judgment, may be awarded in an amount not to exceed ten thousand dollars
for each day it is found that the defendant intentionally conducted,
maintained or permitted the unlicensed activity. WITH REGARD TO ANY
DEFENDANT CONDUCTING THE REFERENCED UNLICENSED ACTIVITY, ANY SUCH PENAL-
TIES MAY BE AWARDED IN ADDITION TO ANY PENALTIES THAT MAY BE IMPOSED
PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THIS CHAPTER. Upon recov-
ery, such penalty shall be paid to the office of cannabis management, OR
TO THE COUNTY ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT THAT
HAS BEEN AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION TO
BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH THE PROCEDURES
SET FORTH IN THIS SECTION.
2. Preliminary injunction. (a) Pending a proceeding for a permanent
injunction pursuant to this section the court may grant a preliminary
injunction enjoining the unlicensed activity and the person or persons
conducting, maintaining, or permitting the unlicensed activity from
S. 8305--A 18 A. 8805--A
further conducting, maintaining, or permitting the unlicensed activity,
where the public health, safety or welfare immediately requires the
granting of such injunction. A temporary closing order may be granted
pending a hearing for a preliminary injunction where it appears by clear
and convincing evidence that unlicensed activity within the scope of
this section is being conducted, maintained, or permitted and that the
public health, safety or welfare immediately requires the granting of a
temporary closing order. A temporary restraining order may be granted
pending a hearing for a preliminary injunction.
(b) A preliminary injunction shall be enforced by the office or, at
the request of the office, the attorney general. At the request of the
office, a police officer or peace officer with jurisdiction may also
enforce the preliminary injunction.
(c) The office or the attorney general shall show, by affidavit and
such other evidence as may be submitted, that there is a cause of action
for a permanent injunction abating unlicensed activity.
3. Temporary closing order. (a) If, on a motion for a preliminary
injunction alleging unlicensed activity as described in this section in
a building or premises used for commercial purposes only, the office or
the attorney general demonstrates by clear and convincing evidence that
such unlicensed activity is being conducted, maintained, or permitted
and that the public health, safety, or welfare immediately requires a
temporary closing order, a temporary order closing such part of the
building or premises wherein such unlicensed activity is being
conducted, maintained, or permitted may be granted without notice, pend-
ing order of the court granting or refusing the preliminary injunction
and until further order of the court. Upon granting a temporary closing
order, the court shall direct the holding of a hearing for the prelimi-
nary injunction at the earliest possible time but no later than [three]
TEN business days from the granting of such order; a decision on the
motion for a preliminary injunction shall be rendered by the court with-
in [three business] THIRTY CALENDAR days after the conclusion of the
hearing.
(b) Unless the court orders otherwise, a temporary closing order
together with the papers upon which it was based and a notice of hearing
for the preliminary injunction shall be personally served, in the same
manner as a summons as provided in the civil practice law and rules.
(c) [A temporary closing order shall only be issued prior to a hearing
on a preliminary injunction if the building or premises is used for
commercial purposes only.
(d)] No temporary closing order shall be issued against any building
or premises where, in addition to the unlicensed activity which is
alleged, activity that is licensed or otherwise lawful remains in place
AND THE UNLICENSED ACTIVITY IS MERELY A DE MINIMIS PART OF THE BUSINESS.
IN ASSESSING WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREMISES
IS MORE THAN DE MINIMIS, THE COURT SHALL CONSIDER SUCH FACTORS AS: (I)
THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING UNLICENSED
ACTIVITY OR OTHERWISE INDICATING THAT CANNABIS IS SOLD ON THE PREMISES;
(II) INFORMATION SHARED IN ANY ADVERTISEMENTS OR OTHER MARKETING
CONTENT, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA, IN CONNECTION WITH
THE UNLICENSED ACTIVITY; (III) THE LAYOUT OF THE BUSINESS WITH REGARD TO
LAWFUL AND UNLICENSED ACTIVITIES OCCURRING ON THE PREMISES; AND (IV) AN
ASSESSMENT OF THE VOLUME OF CANNABIS, CANNABIS PRODUCTS, CANNABINOID
HEMP, HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
AT SUCH PLACE OF BUSINESS. In addition, no temporary closing order shall
be issued against any building or premises which is used in part as
S. 8305--A 19 A. 8805--A
residence and pursuant to local law or ordinance is zoned and lawfully
occupied as a residence.
4. Temporary restraining order. (a) If, on a motion for a preliminary
injunction alleging unlicensed activity as described in this section in
a building or premises used for commercial purposes, the office or the
attorney general demonstrates by clear and convincing evidence that such
unlicensed activity is being conducted, maintained, or permitted and
that the public health, safety, or welfare immediately requires a tempo-
rary restraining order, a temporary restraining order may be granted
without notice restraining the defendants and all persons from removing
or in any manner interfering with the furniture, fixtures and movable
property used in conducting, maintaining or permitting such unlicensed
activity, including [adult-use] cannabis, CANNABIS PRODUCT, CANNABINOID
HEMP OR HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
and from further conducting, maintaining or permitting such unlicensed
activity, pending order of the court granting or refusing the prelimi-
nary injunction and until further order of the court. Upon granting a
temporary restraining order, the court shall direct the holding of a
hearing for the preliminary injunction at the earliest possible time but
no later than three business days from the granting of such order; a
decision on the motion for a preliminary injunction shall be rendered by
the court within [three business] THIRTY CALENDAR days after the conclu-
sion of the hearing.
(b) Unless the court orders otherwise, a temporary restraining order
and the papers upon which it was based and a notice of hearing for the
preliminary injunction shall be personally served, in the same manner as
a summons as provided in the civil practice law and rules, UPON ANY
AGENT, EMPLOYEE, OR OTHER REPRESENTATIVE OF THE DEFENDANT BUSINESS PRES-
ENT AT THE TIME THE TEMPORARY RESTRAINING ORDER IS EFFECTUATED.
5. Temporary closing order; temporary restraining order; additional
enforcement procedures. (a) If on a motion for a preliminary injunction,
the office of cannabis management or the attorney general submits
evidence warranting both a temporary closing order and a temporary
restraining order, the court shall grant both orders.
(b) Upon the request of the office, any police officer or peace offi-
cer with jurisdiction may assist in the enforcement of a temporary clos-
ing order and temporary restraining order. ANY REFERENCE TO POLICE OFFI-
CER OR PEACE OFFICER IN THIS SUBDIVISION AND SUBDIVISIONS SIX AND SEVEN
OF THIS SECTION SHALL ALSO INCLUDE ANY INVESTIGATOR EMPLOYED BY THE
OFFICE OF THE ATTORNEY GENERAL.
(c) The police officer or peace officer serving a temporary closing
order or a temporary restraining order shall forthwith make and return
to the court an inventory of personal property situated in and used in
conducting, maintaining, or permitting the unlicensed activity within
the scope of this chapter and shall enter upon the building or premises
for such purpose. Such inventory shall be taken in any manner which is
deemed likely to evidence a true and accurate representation of the
personal property subject to such inventory including, but not limited
to photographing such personal property, EXCEPT THAT ANY CASH FOUND ON
THE PREMISES DURING SUCH INVENTORY SHALL BE INVENTORIED, SEIZED, AND
SECURED OFF PREMISES PENDING FURTHER ORDER OF THE COURT. ANY POLICE
OFFICER OR PEACE OFFICER, OR ANY REPRESENTATIVE OF THE OFFICE, SHALL BE
PERMITTED TO REVIEW AND COPY RECORDS, INCLUDING ELECTRONIC RECORDS
STORED ON CLOUD PLATFORMS.
(d) The police officer or peace officer serving a temporary closing
order shall, upon service of the order, command all persons present in
S. 8305--A 20 A. 8805--A
the building or premises to vacate the premises forthwith. Upon the
building or premises being vacated, the premises shall be securely
locked and all keys delivered to the officer serving the order who ther-
eafter [shall] MAY deliver the keys to the fee owner, lessor, or lessee
of the building or premises involved. If the fee owner, lessor, or
lessee is not at the building or premises when the order is being
executed, the officer shall securely padlock the premises and retain the
keys until the fee owner, lessor, or lessee of the building is ascer-
tained, in which event, the officer [shall] MAY deliver the keys to such
owner, lessor, or lessee OR RETAIN THEM PENDING FURTHER ORDER OF THE
COURT.
(e) Upon service of a temporary closing order or a temporary restrain-
ing order, the police officer or peace officer shall post a copy thereof
in a conspicuous place or upon one or more of the principal doors at
entrances of such premises where the unlicensed activity is being
conducted, maintained, or permitted. In addition, where a temporary
closing order has been granted, the officer shall affix, in a conspicu-
ous place or upon one or more of the principal doors at entrances of
such premises, a printed notice that the premises have been closed by
court order, which notice shall contain the legend "closed by court
order" in block lettering of sufficient size to be observed by anyone
intending or likely to enter the premises, the date of the order, the
court from which issued, and the name of the officer or agency posting
the notice. In addition, where a temporary restraining order has been
granted, the police officer or peace officer shall affix, in the same
manner, a notice similar to the notice provided for in relation to a
temporary closing order except that the notice shall state that certain
described activity is prohibited by court order and that removal of
property is prohibited by court order. Mutilation or removal of such a
posted order or such a posted notice while it remains in force, in addi-
tion to any other punishment prescribed by law, shall be punishable, on
conviction, by a fine of not more than five thousand dollars or by
imprisonment not exceeding ninety days, or by both, provided such order
or notice contains therein a notice of such penalty. Any police officer
or peace officer with jurisdiction may, upon the request of the office,
assist in the enforcement of this section.
6. Temporary closing order; temporary restraining order; defendant's
remedies. (a) A temporary closing order or a temporary restraining order
[shall] MAY be vacated, upon notice to the office AND TO ANY COUNTY
ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT THAT MAY HAVE BEEN
AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION TO BRING AND
MAINTAIN THE PROCEEDING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN
THIS SECTION, if [the] A defendant WHO IS THE FEE OWNER, LESSOR, OR
LESSEE OF THE BUILDING OR PREMISES shows by affidavit and such other
proof as may be submitted that the unlicensed activity within the scope
of this chapter has been abated AND THAT THEY ARE ALSO NOT AFFILIATED
WITH THE PERSON WHO IS CONDUCTING THE UNLICENSED ACTIVITY. An order
vacating a temporary closing order or a temporary restraining order
shall include a provision authorizing the office, OR ANY COUNTY ATTOR-
NEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT, AS APPLICABLE, to inspect
the building or premises which is the subject of a proceeding pursuant
to this subdivision, periodically without notice, during the pendency of
the proceeding for the purpose of ascertaining whether or not the unli-
censed activity has been resumed. Any police officer or peace officer
with jurisdiction may, upon the request of the office, assist in the
S. 8305--A 21 A. 8805--A
enforcement of an inspection provision of an order vacating a temporary
closing order or temporary restraining order.
(b) A temporary closing order or a temporary restraining order may be
vacated by the court, upon notice to the office, OR ANY COUNTY ATTORNEY,
CORPORATION COUNSEL, OR LOCAL GOVERNMENT, AS APPLICABLE, when [the] A
defendant ENTITLED TO REQUEST VACATUR PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION gives an undertaking and the court is satisfied that the
public health, safety, or welfare will be protected adequately during
the pendency of the proceeding. The undertaking shall be in an amount
equal to the assessed valuation of the building or premises where the
unlicensed activity is being conducted, maintained, or permitted or in
such other amount as may be fixed by the court. The defendant shall pay
to the office and the attorney general, in the event a judgment of
permanent injunction is obtained, their actual costs, expenses and
disbursements in bringing and maintaining the proceeding. In addition,
the defendant shall pay to the local government or law enforcement agen-
cy that provided assistance in enforcing any order of the court issued
pursuant to a proceeding brought under this section, its actual costs,
expenses and disbursements in assisting with the enforcement of the
proceeding.
7. Permanent injunction. (a) A judgment awarding a permanent injunc-
tion pursuant to this chapter shall direct that any illicit cannabis,
CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT, OR ANY PROD-
UCT MARKETED OR LABELED AS SUCH seized shall be turned over to the
office of cannabis management or their authorized representative. The
judgment may further direct any police officer or peace officer with
jurisdiction to seize and remove from the building or premises all mate-
rial, equipment, and instrumentalities used in the creation and mainte-
nance of the unlicensed activity and shall direct the sale by the sher-
iff of any such property in the manner provided for the sale of personal
property under execution pursuant to the provisions of the civil prac-
tice law and rules, IF THE ESTIMATED VALUE OF THE PROPERTY EXCEEDS THE
ESTIMATED LAWFUL EXPENSES OF SUCH SALE, OR THE DISPOSAL OF THE PROPERTY
IF THE ESTIMATED VALUE OF THE PROPERTY DOES NOT EXCEED THE ESTIMATED
LAWFUL EXPENSES OF SUCH SALE. The net proceeds of any such sale, after
deduction of the lawful expenses involved, shall be paid to the general
fund of the state.
(b) A judgment awarding a permanent injunction pursuant to this chap-
ter may direct the closing of the building or premises by any police
officer or peace officer with jurisdiction to the extent necessary to
abate the unlicensed activity and shall direct any police officer or
peace officer with jurisdiction to post a copy of the judgment and a
printed notice of such closing conforming to the requirements of this
chapter. The closing directed by the judgment shall be for such period
as the court may direct but in no event shall the closing be for a peri-
od of more than one year from the posting of the judgment provided for
in this section. If the owner shall file a bond in the value of the
property ordered to be closed and submits proof to the court that the
unlicensed activity has been abated and will not be created, maintained,
or permitted for such period of time as the building or premises has
been directed to be closed in the judgment, AND ALSO SUBMITS PROOF THAT
THEY ARE ALSO NOT AFFILIATED WITH THE PERSON WHO IS CONDUCTING THE UNLI-
CENSED ACTIVITY, the court may vacate the provisions of the judgment
that direct the closing of the building or premises. A closing by a
police officer or peace officer with jurisdiction pursuant to the
provisions of this section shall not constitute an act of possession,
S. 8305--A 22 A. 8805--A
ownership, or control by such police officer or peace officer of the
closed premises.
(c) Upon the request of the office of cannabis management or its
authorized representative, OR ANY COUNTY ATTORNEY, CORPORATION COUNSEL,
OR LOCAL GOVERNMENT AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS
SECTION TO BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN THIS SECTION, any police officer or peace offi-
cer with jurisdiction may assist in the enforcement of a judgment award-
ing a permanent injunction entered in a proceeding brought pursuant to
this chapter.
(d) A judgment rendered awarding a permanent injunction pursuant to
this chapter shall be and become a lien upon the building or premises
named in the petition in such proceeding, such lien to date from the
time of filing a notice of lis pendens in the office of the clerk of the
county wherein the building or premises is located. Every such lien
shall have priority before any mortgage or other lien that exists prior
to such filing except tax and assessment liens.
(e) A judgment awarding a permanent injunction pursuant to this chap-
ter shall provide, in addition to the costs and disbursements allowed by
the civil practice law and rules, upon satisfactory proof by affidavit
or such other evidence as may be submitted, the actual costs, expenses
and disbursements of the office and the attorney general, OR OF ANY
COUNTY ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT AUTHORIZED
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION TO BRING AND MAINTAIN A
CIVIL PROCEEDING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS
SECTION, in bringing and maintaining the proceeding.
8. Civil proceedings. In addition to the authority granted in this
section to the office of cannabis management and the attorney general,
ANY county attorney, corporation counsel, or local government in which
such building or premises is located may, after the office of cannabis
management grants permission in writing, bring and maintain a civil
proceeding in the supreme court of the county in which the building or
premises is located to permanently enjoin the unlicensed activity
described in this section and the person or persons conducting or main-
taining such unlicensed activity, in accordance with the procedures set
forth in this section. The office shall be permitted to intervene as of
right in any such proceeding. Any such governmental entity which obtains
a permanent injunction pursuant to this chapter shall be awarded, in
addition to the costs and disbursements allowed by the civil practice
law and rules, upon satisfactory proof by affidavit or such other
evidence as may be submitted, ANY PENALTIES AWARDED PURSUANT TO PARA-
GRAPH (H) OF SUBDIVISION ONE OR PARAGRAPH (E) OF SUBDIVISION FIVE OF
THIS SECTION AND the actual costs, expenses and disbursements in bring-
ing and maintaining the proceeding. The authority provided by this
subdivision shall be in addition to, and shall not be deemed to diminish
or reduce, any rights of the parties described in this section under
existing law for any violation pursuant to this chapter or any other
law.
§ 5. Subdivision 3 of section 17 of the cannabis law, as amended by
section 13 of part UU of chapter 56 of the laws of 2023, is amended to
read as follows:
3. Notice and right of hearing as provided in the state administrative
procedure act shall be served at least fifteen days prior to the date of
the hearing, provided that, whenever because of danger to the public
health, safety or welfare it appears prejudicial to the interests of the
people of the state to delay action for fifteen days or with respect to
S. 8305--A 23 A. 8805--A
a violation of subdivision one or one-a of section one hundred twenty-
five of this chapter, the board may serve the respondent with an order
requiring certain action [or], the cessation of certain activities, OR
THE SEALING OF A PREMISES immediately or within a specified period of
less than fifteen days. WHENEVER A NOTICE OF VIOLATION OR ORDER HAS BEEN
SERVED, THE RESPONDENT SHALL BE PROVIDED AN OPPORTUNITY TO REQUEST A
HEARING PURSUANT TO THE PROCEDURES ESTABLISHED BY THE OFFICE AND IN
ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT AND THE
PROVISIONS OF THIS CHAPTER.
§ 6. Subdivisions 5, 6, 7 and 8 of section 17 of the cannabis law are
renumbered subdivisions 7, 8, 9, and 10 and two new subdivisions 5 and 6
are added to read as follows:
5. PRIOR TO A HEARING, A PARTY, OTHER THAN THE BOARD OR OFFICE, SHALL
FURNISH TO ANY OTHER PARTY, WITHIN FIVE DAYS AFTER A DEMAND, OR SOONER
IF THE HEARING IS SCHEDULED LESS THAN FIVE DAYS FROM THE DATE OF DEMAND,
A VERIFIED STATEMENT SETTING FORTH:
(A) IF THE RESPONDING PARTY IS A NATURAL PERSON, SUCH PARTY'S: (I)
FULL LEGAL NAME; (II) DATE OF BIRTH; (III) CURRENT HOME OR BUSINESS
STREET ADDRESS; AND (IV) A UNIQUE IDENTIFYING NUMBER FROM: (1) AN UNEX-
PIRED PASSPORT; (2) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (3) AN UNEX-
PIRED IDENTIFICATION CARD OR DOCUMENT ISSUED BY A STATE OR LOCAL GOVERN-
MENT AGENCY OR TRIBAL AUTHORITY FOR THE PURPOSE OF IDENTIFICATION OF
THAT INDIVIDUAL;
(B) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY PART-
NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
INCLUDING A FOR PROFIT OR NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
CLUB, THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION FOR ALL OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR OTHER
JURISDICTION OF ITS FORMATION;
(C) IF THE RESPONDING PARTY IS A CORPORATION, ITS STATE OR OTHER
JURISDICTION OF INCORPORATION, PRINCIPAL PLACE OF BUSINESS, AND ANY
STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
(D) IF THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO ANY
INFORMATION PROVIDED PURSUANT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
SION, AND TO THE EXTENT NOT PREVIOUSLY PROVIDED, EACH BENEFICIAL OWNER
OF THE RESPONDING PARTY BY: (I) FULL LEGAL NAME; (II) DATE OF BIRTH;
(III) CURRENT HOME OR BUSINESS STREET ADDRESS; AND (IV) A UNIQUE IDENTI-
FYING NUMBER FROM: (1) AN UNEXPIRED PASSPORT; (2) AN UNEXPIRED STATE
DRIVER'S LICENSE; OR (3) AN UNEXPIRED IDENTIFICATION CARD OR DOCUMENT
ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY FOR THE
PURPOSE OF IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN THIS SECTION,
THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS DEFINED IN 31
U.S.C. § 5336(A)(3), AS AMENDED, AND ANY REGULATIONS PROMULGATED THERE-
UNDER.
6. PRIOR TO A HEARING, THE OFFICE MAY, AT ITS DISCRETION, REQUEST A
STAY OF ANY PROCEEDING AND THE BOARD OR THOSE DESIGNATED BY THEM SHALL
GRANT SUCH REQUEST. THE INITIATION OF ANY ACTION, BY OR ON BEHALF OF THE
OFFICE, IN STATE OR FEDERAL COURT ON MATTERS DIRECTLY OR INDIRECTLY
RELATED TO THE SUBJECT OF ANY PENDING ADMINISTRATIVE PROCEEDING SHALL,
UPON A REQUEST BY THE OFFICE, PROVIDE SUFFICIENT BASIS FOR AN IMMEDIATE
STAY OF SUCH ADMINISTRATIVE PROCEEDING.
§ 7. Subdivision 8 of section 17 of the cannabis law, as amended by
section 13 of part UU of chapter 56 of the laws of 2023 and as renum-
bered by section six of this act, is amended to read as follows:
8. Following a hearing, the board may make appropriate determinations
and issue a final order in accordance therewith. ANY SUCH ORDER MAY
S. 8305--A 24 A. 8805--A
INCLUDE FINANCIAL PENALTIES AS WELL AS INJUNCTIVE RELIEF, INCLUDING AN
ORDER TO SEAL A PREMISES IN ACCORDANCE WITH SECTION ONE HUNDRED THIRTY-
EIGHT-B OF THIS CHAPTER. The respondent AND THE OFFICE shall have thirty
days to submit a written appeal to the board. If [the respondent does
not] ANY PARTY FAILS TO submit a written appeal within thirty days of
the determination of the board the order shall be final.
§ 8. Subdivision 1 of section 125 of the cannabis law is amended and a
new subdivision 1-b is added to read as follows:
1. No person shall cultivate, process, distribute for sale or sell at
wholesale or retail or deliver to consumers any cannabis, cannabis prod-
uct, medical cannabis or cannabinoid hemp or hemp extract product, OR
ANY PRODUCT MARKETED OR LABELED AS SUCH, within the state without
obtaining the appropriate registration, license, or permit therefor
required by this chapter unless otherwise authorized by law.
1-B. ANY ACTIVITY CONDUCTED IN VIOLATION OF SUBDIVISION ONE OR ONE-A
OF THIS SECTION CREATES A SIGNIFICANT RISK OF IMMINENT PHYSICAL HARM TO
NATURAL PERSONS, PRESENTS A DANGER TO PUBLIC HEALTH, SAFETY, OR WELFARE,
AND CONSTITUTES A PUBLIC NUISANCE.
§ 9. Section 131 of the cannabis law is amended by adding a new subdi-
vision 3 to read as follows:
3. ANY COUNTY, TOWN, CITY OR VILLAGE GOVERNING BODIES MAY ADOPT LOCAL
LAWS OR ORDINANCES PERTAINING TO UNLICENSED PERSONS SELLING CANNABIS,
CANNABIS PRODUCTS, OR ANY PRODUCT MARKETED OR LABELED AS SUCH IN A PLACE
OF BUSINESS WITHOUT OBTAINING THE APPROPRIATE REGISTRATION, LICENSE, OR
PERMIT THEREFOR, OR ENGAGING IN AN INDIRECT RETAIL SALE IN A PLACE OF
BUSINESS, PROVIDED THAT NO TWO SUCH LOCAL LAWS OR ORDINANCES SHALL
RELATE TO THE SAME GEOGRAPHIC REGION. ANY SUCH LAWS OR ORDINANCES SHALL:
(A) ESTABLISH A LOCAL REGISTRY, WHICH SHALL MIRROR A LIST MAINTAINED
BY THE OFFICE FOR THIS PURPOSE, AS UPDATED, AND SHALL REFLECT THE
CURRENT NAME AND ADDRESS OF ALL REGISTERED ORGANIZATIONS, LICENSEES, OR
PERMITTEES WITH LICENSED OR PERMITTED PREMISES WITHIN THE GEOGRAPHICAL
BOUNDARIES OF THE COUNTY, TOWN, CITY, OR VILLAGE;
(B) ESTABLISH CIVIL PENALTIES FOR ANY PERSONS ENGAGING IN SELLING
CANNABIS, CANNABIS PRODUCTS, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
IN A PLACE OF BUSINESS WITHOUT APPEARING ON THE LOCAL REGISTRY ADOPTED
PURSUANT TO LOCAL LAW OR ORDINANCE, OR ANY INDIRECT RETAIL SALES, WHICH
MAY INCLUDE FEES, FINES OR OTHER FINANCIAL PENALTIES OR OTHER REMEDIES,
INCLUDING CLOSURES OF THE PREMISES OR BUILDING WHERE SUCH RETAIL SALES
OR INDIRECT RETAIL SALES ARE TAKING PLACE, AND A PROCESS FOR ADJUDICAT-
ING ANY HEARINGS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SUCH PENAL-
TIES;
(C) ESTABLISH A PROCESS BY WHICH THE COUNTY, TOWN, CITY, OR VILLAGE
SHALL EXECUTE ANY CLOSURE ORDERS, AND A PROCESS BY WHICH THE ENFORCING
ENTITY SHALL BE REQUIRED TO SEIZE ALL CANNABIS, CANNABIS PRODUCTS, AND
ANY PRODUCTS MARKETED OR LABELED AS SUCH, AND TO DESTROY SUCH PRODUCTS;
(D) DESIGNATE A LOCAL OFFICIAL WHO SHALL SERVE AS THE LIAISON TO THE
OFFICE AND WHO SHALL BE REQUIRED TO RECEIVE LOCAL REGISTRY UPDATES FROM
THE OFFICE, IMMEDIATELY ADOPT SUCH UPDATES, COORDINATE WITH THE OFFICE
ON SUCH LOCAL ENFORCEMENT EFFORTS, AND SEND MONTHLY REPORTS TO THE
OFFICE IN A MANNER AND FORMAT PRESCRIBED BY THE OFFICE DETAILING RECENT
ENFORCEMENT EFFORTS AND, WHEN EXECUTING CLOSURE ORDERS, THE AMOUNT AND
NATURE OF THE CANNABIS PRODUCTS SEIZED; AND
(E) REQUIRE THAT A COPY OF SUCH LOCAL LAW OR ORDINANCE BE FILED WITH
THE OFFICE A MINIMUM OF TEN DAYS BEFORE THE EFFECTIVE DATE OF SUCH LAW
OR ORDINANCE.
S. 8305--A 25 A. 8805--A
§ 10. Subdivisions 1 and 1-a of section 132 of the cannabis law,
subdivision 1 as amended and subdivision 1-a as added by section 17 of
part UU of chapter 56 of the laws of 2023, are amended to read as
follows:
1.(a) Any person who cultivates for sale, OFFERS TO SELL, or sells
cannabis, cannabis products, medical cannabis, or any product marketed
or labeled as such, without having an appropriate registration, license
or permit therefor, including a person whose registration, license, or
permit has been revoked, surrendered or cancelled, where such person is
engaging in activity for which a license would be required under this
chapter, may be subject to a civil penalty of not more than ten thousand
dollars for each day during which such violation continues and an addi-
tional civil penalty in an amount of no more than five times the revenue
from such prohibited sales or, in an amount of no more than three times
the projected revenue for any such product found in the possession of
such person based on the retail list price of such products; provided,
however, that any such person who engages in such activity from a resi-
dence or other real property not otherwise held out as open to the
public or otherwise being utilized in a business or commercial manner or
any private vehicle on or about same such property, and the quantity of
such product on such premises or vehicle does not exceed the limits of
personal use under article two hundred twenty-two of the penal law, may
be subject to a civil penalty of no more than five thousand dollars.
Provided, further, that where such person has been ordered to cease
such conduct pursuant to subdivision one of section one hundred thirty-
eight-a of this [chapter] ARTICLE, such person may be assessed a civil
penalty of no more than twenty thousand dollars per day for each day
during which such violation continues after receiving such order in
addition to the additional civil penalties set forth above; provided,
however, that any such person who engages in such activity from a resi-
dence or other real property not otherwise held out as open to the
public or otherwise being utilized in a business or commercial manner or
any private vehicle on or about same such property, and the quantity of
such product on such premises or vehicle does not exceed the limits of
personal use under article two hundred twenty-two of the penal law, may
be subject to a civil penalty of no more than ten thousand dollars.
(b) If a person engaging in the conduct described in paragraph (a) of
this subdivision[,] or subdivision one-a of this section refuses to
permit the office or the board from performing a regulatory inspection,
such person may be assessed a civil penalty of up to [four] TWENTY thou-
sand dollars for a first refusal and up to [eight] FORTY thousand
dollars for a second or subsequent refusal within three years of a prior
refusal. If the office or board is not permitted access for a regulatory
inspection pursuant to section ten or section eleven of this chapter, as
applicable, by such person, the attorney general, upon the request of
the office or the board, shall be authorized to apply, without notice to
such person, to the supreme court in the county in which the place of
business is located for an order granting the office or board access to
such place of business. The court may grant such an order if it deter-
mines, based on evidence presented by the attorney general, that there
is reasonable cause to believe that such place of business is a place of
business which does not possess a valid registration, license, or permit
issued by the office or board.
(c) In assessing the civil penalties under this subdivision OR SUBDI-
VISION ONE-A OF THIS SECTION, the board or office shall take into
consideration the nature of such violation and shall assess a penalty
S. 8305--A 26 A. 8805--A
that is proportionate to the violation; PROVIDED, HOWEVER, THAT AN AFFI-
DAVIT FROM A REPRESENTATIVE OF THE OFFICE, THE OFFICE OF THE ATTORNEY
GENERAL, OR A LOCAL GOVERNMENT, OR A LOCAL POLICE OFFICER CONFIRMING THE
PRESENCE OF CONDUCT DESCRIBED IN THIS SUBDIVISION OR SUBDIVISION ONE-A
FOLLOWING AN INSPECTION BY THE OFFICE AFTER THE OFFICE HAS ORDERED SUCH
CONDUCT TO CEASE SHALL BE SUFFICIENT TO ESTABLISH A PRIMA FACIE CASE
THAT SUCH CONDUCT HAD BEEN CONTINUING FOR EACH BUSINESS DAY BETWEEN THE
INITIAL INSPECTION AND THE LAST OBSERVED OR OTHERWISE DOCUMENTED
CONDUCT, AND SHALL REQUIRE THE IMPOSITION OF THE MAXIMUM PER DAY PENALTY
PERMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND THE DOCUMENTED
PRESENCE OF SUCH CONDUCT UPON OR AT THE COMPLETION OF AN ADMINISTRATIVE
INSPECTION OR INVESTIGATION SHALL REQUIRE THE ASSESSMENT OF THE MAXIMUM
PENALTY PERMITTED UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
1-a. Any person [found to have] WHO engaged in indirect retail sale in
violation of subdivision one-a of section one hundred twenty-five of
this [chapter] ARTICLE, shall be subject to a civil penalty in an amount
equaling the lesser of three times the revenue for such indirect retail
sales or up to two thousand five hundred dollars for each such sale,
provided, however, that where such conduct also constitutes a violation
of subdivision one of this section, such person may only be subject to
the civil penalties under one such subdivision, and provided, further,
that where such person has been ordered to cease such conduct pursuant
to subdivision one of section one hundred thirty-eight-a of this arti-
cle, such person may be assessed a civil penalty of up to five thousand
dollars for each day during which such violation continues in addition
to any civil penalties set forth above.
§ 11. Subdivisions 2, 4 and 5 of section 138-a of the cannabis law,
subdivision 2 as added and subdivisions 4 and 5 as amended by section 20
of part UU of chapter 56 of the laws of 2023, are amended and eight new
subdivisions 6, 7, 8, 9, 10, 11, 12, and 13 are added to read as
follows:
2. seize any cannabis, cannabis product, cannabinoid hemp or hemp
extract product, or any product marketed or labeled as such, found in
the possession of a person engaged in the conduct described in subdivi-
sion one of this section AND THEIR PLACE OF BUSINESS, INCLUDING A VEHI-
CLE OR STORAGE FACILITY USED FOR SUCH BUSINESS;
4. seek injunctive relief against any person engaging in conduct in
violation of this section; [and]
5. request that the attorney general obtain judicial enforcement of an
order issued under subdivision one of this section or bring an action or
proceeding for any relief otherwise authorized under this chapter for a
violation of this chapter, including the recovery of any applicable
civil penalties[.];
6. IN CONNECTION WITH ANY REGULATORY INSPECTION OR INVESTIGATION OR
ACTION THEREAFTER, REVIEW, SEIZE AND COPY RECORDS, INCLUDING ELECTRONIC
RECORDS STORED ON CLOUD PLATFORMS, WHICH MAY ESTABLISH THE DURATION OR
EXTENT OF ANY UNLAWFUL OPERATION;
7. IN CONNECTION WITH ANY ACTION OR PROCEEDING AUTHORIZED BY THIS
CHAPTER, REQUEST THAT THE ATTORNEY GENERAL OR ANY POLICE OFFICER OR
PEACE OFFICER SEIZE OR REMOVE ALL MATERIAL, EQUIPMENT, AND INSTRUMENTAL-
ITIES USED IN THE CREATION AND MAINTENANCE OF THE CONDUCT DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION;
8. IN CONNECTION WITH ANY INSPECTION OR SUBSEQUENT INVESTIGATION OF A
PERSON ENGAGED IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION, ISSUE SUBPOENAS TO ANY OWNERS, MANAGERS, OR EMPLOYEES OF SUCH
PERSON FOR INFORMATION REGARDING THE PERSON AND THE CONDUCT;
S. 8305--A 27 A. 8805--A
9. WITH THE ASSISTANCE OF LAW ENFORCEMENT, SEIZE OR IMPOUND OTHER
PROPERTY USED IN FURTHERANCE OF THE CONDUCT DESCRIBED IN SUBDIVISION ONE
OF THIS SECTION;
10. UPON AN EX PARTE ORDER TO A COURT, REQUEST THE COURT TO ISSUE A
RESTRAINING ORDER FREEZING LIQUID ASSETS TO ENFORCE THE PROVISIONS OF
THIS SECTION AND SECTION SIXTEEN-A OF THIS CHAPTER AND SECTION ONE
HUNDRED THIRTY-TWO OF THIS ARTICLE;
11. IN ACCORDANCE WITH THE PROCEDURES OUTLINED IN SECTION ONE HUNDRED
THIRTY-EIGHT-B OF THIS CHAPTER, ISSUE AND EXECUTE AN ORDER TO SEAL A
BUILDING OR PREMISES OF ANY UNLICENSED BUSINESSES IN WHICH ANY PERSON IS
ENGAGED IN CONDUCT IN VIOLATION OF THIS SECTION OR SECTION ONE HUNDRED
TWENTY-FIVE OR ONE HUNDRED THIRTY-TWO OF THIS ARTICLE;
12. UPON RECEIPT OF ONE OR MORE COMPLAINTS THAT A PERSON IS ENGAGED IN
CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, APPLY OR REQUEST
THAT THE ATTORNEY GENERAL APPLY, WITHOUT NOTICE TO SUCH PERSON, TO THE
SUPREME COURT IN THE COUNTY IN WHICH THE PLACE OF BUSINESS IS LOCATED
FOR AN ORDER GRANTING THE OFFICE OR BOARD ACCESS TO SUCH PLACE OF BUSI-
NESS. THE COURT MAY GRANT SUCH AN ORDER IT IF DETERMINES, BASED ON
EVIDENCE PRESENTED BY THE ATTORNEY GENERAL, THAT THERE IS REASONABLE
CAUSE TO BELIEVE THAT SUCH PLACE OF BUSINESS IS THE SAME PLACE OF BUSI-
NESS FOR WHICH THE OFFICE HAS RECEIVED SUCH COMPLAINTS. UPON INSPECTION,
SUCH PERSON MAY BE ASSESSED A CIVIL PENALTY OF UP TO TEN THOUSAND
DOLLARS UNLESS THE PERSON PROVIDES BOOKS AND RECORDS TO THE OFFICE INDI-
CATING THAT ALL TRANSACTIONS AT THE PLACE OF BUSINESS DO NOT CONSTITUTE
ACTIVITIES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION; AND
13. IF ANY PENALTY IS NOT PAID WITHIN SIX MONTHS, ENTER THE AMOUNT
THEREOF AS A JUDGMENT IN THE OFFICE OF THE CLERK OF THE COUNTY OF ALBANY
AND IN ANY OTHER COUNTY IN WHICH THE PERSON RESIDES, HAS A PLACE OF
BUSINESS, OR THROUGH WHICH IT OPERATES. IF SUCH JUDGMENT HAS NOT BEEN
SATISFIED WITHIN THIRTY DAYS THEREAFTER, NO LICENSE, REGISTRATION, OR
PERMIT SHALL BE ISSUED BY THE BOARD TO SUCH PERSON FOR THREE YEARS THER-
EAFTER.
§ 12. The cannabis law is amended by adding a new section 138-b to
read as follows:
§ 138-B. ORDERS TO SEAL. 1. IN ADDITION TO ANY OTHER AUTHORITY
CONFERRED IN THIS CHAPTER, PURSUANT TO THE PROVISIONS OF THIS SECTION,
THE BOARD OR THE OFFICE SHALL HAVE THE AUTHORITY TO SEAL THE BUILDING OR
PREMISES, INCLUDING THE STORAGE FACILITY, OF ANY BUSINESSES ENGAGED IN
UNLICENSED ACTIVITY, WHEN SUCH ACTIVITY IS CONDUCTED, MAINTAINED, OR
PERMITTED IN SUCH BUILDING OR PREMISES, OCCUPIED AS A PLACE OF BUSINESS
AS DESCRIBED IN SUBDIVISION EIGHT OF SECTION TEN OF THIS CHAPTER, IN
VIOLATION OF SUBDIVISION ONE OR ONE-A OF SECTION ONE HUNDRED TWENTY-FIVE
OR SUBDIVISIONS ONE OR EIGHT OF SECTION ONE HUNDRED THIRTY-TWO OF THIS
ARTICLE.
2. UPON SERVICE OF A NOTICE OF VIOLATION AND ORDER REQUIRING IMMEDIATE
CESSATION OF UNLICENSED ACTIVITY PURSUANT TO SECTION ONE HUNDRED THIR-
TY-EIGHT-A OF THIS ARTICLE, THE OFFICE MAY ISSUE AN ORDER TO SEAL ANY
BUILDING OR PREMISES INVOLVED IN THE UNLICENSED ACTIVITY IN ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION. SUCH ORDER TO SEAL SHALL BE SERVED
AND POSTED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND REGU-
LATIONS PROMULGATED BY THE BOARD, SHALL BE MADE EFFECTIVE ON THE
FIFTEENTH CALENDAR DAY AFTER THE DELIVERY AND POSTING OF SUCH ORDER, AND
SHALL CONTAIN NOTICE OF THE RIGHT TO REQUEST A HEARING WITHIN FOURTEEN
DAYS OF DELIVERY AND POSTING OF SUCH ORDER TO SEAL. IF A HEARING IS
REQUESTED WITHIN SUCH FOURTEEN-DAY PERIOD, THE ORDER SHALL BE EFFECTIVE
AS SET FORTH IN THE DETERMINATION OF THE BOARD OR THEIR DESIGNEE. IF NO
S. 8305--A 28 A. 8805--A
HEARING IS REQUESTED WITHIN SUCH FOURTEEN-DAY PERIOD, THE ORDER SHALL BE
EFFECTIVE AS NOTICED ON THE ORDER.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMMEDIATE EFFECTIVE DATE
IF SUCH ORDER IS BASED UPON A FINDING BY THE OFFICE OF AN IMMINENT
THREAT TO THE PUBLIC HEALTH OR SAFETY. IN SUCH CASES A HEARING SHALL BE
HELD WITHIN THREE BUSINESS DAYS OF A REQUEST FOR SUCH HEARING, UNLESS
OTHERWISE ADJOURNED BY AGREEMENT OF THE PARTIES, AND A DETERMINATION
SHALL BE RENDERED WITHIN FOUR BUSINESS DAYS OF THE CONCLUSION OF SUCH
HEARING.
4. THE FINDING OF WHETHER AN IMMINENT THREAT TO THE PUBLIC HEALTH OR
SAFETY EXISTS SHALL BE BASED ON FACTORS THAT INCLUDE BUT ARE NOT LIMITED
TO:
(A) DOCUMENTED SALES TO MINORS;
(B) UNLICENSED PROCESSING OF CANNABIS PRODUCTS AT THE BUILDING OR
PREMISES;
(C) SALES OF PRODUCTS GROWN, PROCESSED, OR PACKAGED IN ANOTHER STATE,
OR LABELED AS SUCH;
(D) ORDERS ISSUED FOLLOWING ISSUANCE OF AN ORDER BY A COURT TO INSPECT
THE BUILDING OR PREMISES;
(E) ORDERS ISSUED FOLLOWING AN INSPECTION WHEREIN THE PERSON ENGAGED
IN THE UNLICENSED ACTIVITY ENGAGED IN VIOLENT, TUMULTUOUS, OR OTHER
BEHAVIORS INDICATING EXPRESSED INTENT TO NOT COMPLY WITH THE OFFICE'S
ORDER TO CEASE THE UNLICENSED ACTIVITY;
(F) DOCUMENTED PRESENCE OF UNLAWFUL FIREARMS AT THE BUILDING OR PREM-
ISES;
(G) PROXIMITY OF THE BUILDING OR PREMISES TO LOCATIONS SUCH AS
SCHOOLS, HOUSES OF WORSHIP, OR PUBLIC YOUTH FACILITIES; OR
(H) OTHER FACTORS THAT THE BOARD MAY ESTABLISH BY RULE OR REGULATION
PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
SUCH ORDERS TO SEAL SHALL BE SERVED IN THE SAME MANNER AS THE NOTICE
OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY.
5. NOTWITHSTANDING THE FACTORS LISTED IN SUBDIVISION FOUR OF THIS
SECTION, THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMMEDIATE EFFEC-
TIVE DATE UPON A SECOND, THIRD, OR FOURTH INSPECTION IN WHICH UNLICENSED
ACTIVITY IS CONFIRMED TO BE CONTINUING MORE THAN TEN CALENDAR DAYS AFTER
A NOTICE OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY WAS PREVI-
OUSLY ISSUED BY THE OFFICE.
6. AN ORDER TO SEAL MAY BE ISSUED BY THE OFFICE OR THE BOARD PURSUANT
TO SUBDIVISION THREE OF THIS SECTION ONLY IF: (A) NO PART OF THE BUILD-
ING OR PREMISES TO BE SEALED IS USED IN PART AS A RESIDENCE AND PURSUANT
TO LOCAL LAW OR ORDINANCE IS ZONED AND LAWFULLY OCCUPIED AS A RESIDENCE;
AND (B) THE UNLICENSED ACTIVITY AS DESCRIBED IN THIS SECTION IS MORE
THAN A DE MINIMIS PART OF THE BUSINESS ACTIVITY ON THE PREMISES OR IN
THE BUILDING TO BE SEALED PURSUANT TO THE ORDER.
7. IN ASSESSING WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREM-
ISES IS MORE THAN DE MINIMIS, THE OFFICE OR BOARD, AS RELEVANT, SHALL
CONSIDER SUCH FACTORS AS:
(A) THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING THE
SALE OF CANNABIS OR OTHERWISE INDICATING THAT CANNABIS IS SOLD ON THE
PREMISES;
(B) INFORMATION SHARED IN ANY ADVERTISEMENTS OR OTHER MARKETING
CONTENT IN CONNECTION WITH THE UNLICENSED BUSINESS AND ANY DIRECT OR
INDIRECT SALES OF CANNABIS OR OTHER CONDUCT IN VIOLATION OF THIS CHAP-
TER; AND
(C) AN ASSESSMENT OF THE VOLUME OF ILLICIT CANNABIS PRODUCTS ON SITE.
S. 8305--A 29 A. 8805--A
8. UPON A REQUEST BY THE OFFICE, ANY POLICE OFFICER OR PEACE OFFICER
WITH JURISDICTION MAY ASSIST IN THE ENFORCEMENT OF AN ORDER TO SEAL
ISSUED BY THE OFFICE OR THE BOARD, IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(A) THE POLICE OFFICER OR PEACE OFFICER SERVING AND EXECUTING THE
ORDER TO SEAL SHALL FORTHWITH MAKE AND RETURN TO THE OFFICE AN INVENTORY
OF PERSONAL PROPERTY SITUATED IN AND USED IN CONDUCTING, MAINTAINING, OR
PERMITTING THE UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS CHAPTER AND
SHALL ENTER UPON THE BUILDING OR PREMISES FOR SUCH PURPOSE. SUCH INVEN-
TORY SHALL BE TAKEN IN ANY MANNER WHICH IS DEEMED LIKELY TO EVIDENCE A
TRUE AND ACCURATE REPRESENTATION OF THE PERSONAL PROPERTY SUBJECT TO
SUCH INVENTORY INCLUDING, BUT NOT LIMITED TO PHOTOGRAPHING SUCH PERSONAL
PROPERTY.
(B) THE POLICE OFFICER OR PEACE OFFICER SERVING AND EXECUTING THE
ORDER TO SEAL SHALL ENTER THE BUILDING OR PREMISES AND, UPON SERVICE OF
THE ORDER, COMMAND ALL PERSONS PRESENT IN THE BUILDING OR PREMISES TO
VACATE THE PREMISES FORTHWITH. UPON THE BUILDING OR PREMISES BEING
VACATED, THE PREMISES SHALL BE SECURELY LOCKED AND ALL KEYS DELIVERED TO
THE OFFICER SERVING THE ORDER WHO THEREAFTER SHALL DELIVER THE KEYS TO
THE FEE OWNER, LESSOR, OR LESSEE OF THE BUILDING OR PREMISES INVOLVED.
IF THE FEE OWNER, LESSOR, OR LESSEE IS NOT AT THE BUILDING OR PREMISES
WHEN THE ORDER IS BEING EXECUTED, THE OFFICER SHALL SECURELY PADLOCK THE
PREMISES AND RETAIN THE KEYS UNTIL THE FEE OWNER, LESSOR, OR LESSEE OF
THE BUILDING IS ASCERTAINED, IN WHICH EVENT, THE OFFICER SHALL DELIVER
THE KEYS TO SUCH FEE OWNER, LESSOR, OR LESSEE.
(C) UPON SERVICE AND EXECUTION OF THE ORDER TO SEAL, THE POLICE OFFI-
CER OR PEACE OFFICER SHALL POST A COPY THEREOF IN A CONSPICUOUS PLACE OR
UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES
WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMIT-
TED. IN ADDITION, THE OFFICER SHALL AFFIX, IN A CONSPICUOUS PLACE OR
UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES, A
PRINTED NOTICE THAT THE PREMISES HAVE BEEN CLOSED BY ORDER OF THE CANNA-
BIS CONTROL BOARD, AND THE NAME OF THE OFFICER OR AGENCY POSTING THE
NOTICE.
(D) MUTILATION OR REMOVAL OF SUCH A POSTED ORDER OR SUCH A POSTED
NOTICE WHILE IT REMAINS IN FORCE, IN ADDITION TO ANY OTHER PUNISHMENT
PRESCRIBED BY LAW, SHALL BE PUNISHABLE, ON CONVICTION, BY A FINE OF NOT
MORE THAN FIVE THOUSAND DOLLARS OR BY IMPRISONMENT NOT EXCEEDING NINETY
DAYS, OR BY BOTH, PROVIDED SUCH ORDER OR NOTICE CONTAINS THEREIN A
NOTICE OF SUCH PENALTY. SUCH PENALTY SHALL BE ENFORCED BY THE BOARD OR,
UPON A REQUEST BY THE OFFICE, THE OFFICE OF THE ATTORNEY GENERAL OR BY A
COURT OF COMPETENT JURISDICTION.
(E) MUTILATION OR REMOVAL OF THE SECURE PADLOCK WHILE THE ORDER TO
SEAL REMAINS IN PLACE SHALL BE PUNISHABLE, UPON CONVICTION, BY A FINE OF
NOT MORE THAN TWENTY THOUSAND DOLLARS OR BY A CLASS E FELONY, OR BOTH.
THE OFFICE SHALL ALSO ADHERE TO THESE PROCEDURES WHEN EXECUTING AN
ORDER TO SEAL ISSUED IN ACCORDANCE WITH THIS SECTION.
9. ANY ORDER TO SEAL ISSUED BY THE OFFICE OR THE BOARD SHALL BE EFFEC-
TIVE FOR ONE YEAR FROM THE POSTING OF THE JUDGMENT PROVIDED FOR IN THIS
SECTION. AN ORDER TO SEAL MAY BE VACATED BY THE OFFICE OR THE BOARD,
UPON NOTICE TO THE OFFICE, IF THE RESPONDENT SHOWS BY AFFIDAVIT AND SUCH
OTHER PROOF AS MAY BE SUBMITTED BY THE RESPONDENT THAT THE UNLICENSED
ACTIVITY HAS BEEN ABATED. AN ORDER VACATING A PREVIOUSLY ISSUED ORDER TO
SEAL SHALL INCLUDE A PROVISION AUTHORIZING THE OFFICE, OR ANY POLICE
OFFICER OR PEACE OFFICER WHO ASSISTED WITH THE EXECUTION OF THE ORDER TO
SEAL, TO INSPECT THE BUILDING OR PREMISES PERIODICALLY WITHOUT NOTICE
S. 8305--A 30 A. 8805--A
FOR THE PURPOSE OF ASCERTAINING WHETHER OR NOT THE UNLICENSED ACTIVITY
HAS BEEN RESUMED. ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION
MAY, UPON THE REQUEST OF THE OFFICE, ASSIST IN THE ENFORCEMENT OF AN
INSPECTION PROVISION OF AN ORDER VACATING AN ORDER TO SEAL.
10. THE OFFICE SHALL MAIL A COPY, BY CERTIFIED MAIL, OF ANY ORDER TO
SEAL ISSUED BY THE OFFICE OR BOARD WITHIN FIVE DAYS FOLLOWING ISSUANCE
OF SUCH ORDER TO THE PERSON IN WHOSE NAME THE REAL ESTATE AFFECTED BY
THE ORDER IS RECORDED IN THE OFFICE OF THE CITY REGISTER OR THE COUNTY
CLERK, AS THE CASE MAY BE, WHO SHALL BE PRESUMED TO BE THE OWNER THERE-
OF. SUCH MAILING SHALL CONSTITUTE NOTICE TO THE OWNER AND SHALL BE
DEEMED TO BE COMPLETE UPON SUCH MAILING BY THE OFFICE AS PROVIDED ABOVE.
11. IF AT ANY TIME A RESPONDENT VACATES THE BUILDING OR PREMISES
SUBJECT TO AN ORDER TO SEAL ISSUED BY THE OFFICE OR BOARD, OR IF THE
BUILDING OWNER PROVIDES SUFFICIENT PROOF THEREOF, ANY ACTION OR PROCEED-
ING FILED IN ACCORDANCE WITH THESE PROCEDURES RELATING TO SUCH BUILDING
OR PREMISES MAY BE WITHDRAWN BY THE OFFICE OR THE BOARD WITHOUT PREJU-
DICE, AND ANY ORDER TO SEAL MAY BE VACATED.
12. THE REMEDIES PROVIDED FOR IN THIS SECTION ARE NOT EXCLUSIVE AND
THE OFFICE OR BOARD MAY ALSO REQUEST AND RECOVER PENALTIES IN ACCORDANCE
WITH OTHER PROVISIONS IN THIS CHAPTER.
§ 13. This act shall take effect immediately and shall apply to
offenses committed on or after the date this act shall have become a
law; provided, however that the amendments to section 16-a of the canna-
bis law made by section four of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.
PART H
Section 1. The opening paragraph of subdivision 1 of section 110-b of
the alcoholic beverage control law, as amended by chapter 222 of the
laws of 2019, is amended to read as follows:
Not [less than thirty nor] more than two hundred [and] seventy days
before filing any of the following applications, an applicant shall
notify the municipality in which the premises is located of such appli-
cant's intent to file such an application:
§ 2. The opening paragraph of subdivision 2 of section 99-d of the
alcoholic beverage control law, as amended by chapter 560 of the laws of
2011, is amended to read as follows:
Before any change in the members of a limited liability company or the
transfer or assignment of a membership interest in a limited liability
company or any corporate change in stockholders, stockholdings, alcohol-
ic beverage officers, officers or directors, except officers and direc-
tors of a premises licensed as a club or a luncheon club under this
chapter can be effectuated for the purposes of this chapter, there shall
be filed with the liquor authority an application for permission to make
such change and there shall be paid to the liquor authority in advance
upon filing of the application a fee of one hundred twenty-eight
dollars. SUCH APPLICATION SHALL BE DEEMED APPROVED AND IN EFFECT IF NOT
DISAPPROVED BY THE AUTHORITY PRIOR TO THE EXPIRATION OF NINETY DAYS
AFTER RECEIPT BY THE AUTHORITY.
§ 3. Subdivision 1 of section 98 of the alcoholic beverage control
law, as amended by chapter 703 of the laws of 2022, is amended to read
as follows:
1. The liquor authority is hereby authorized to issue to a retail
licensee for on-premises consumption or a licensed off-premises caterer
furnishing provisions and service for use at a particular function,
S. 8305--A 31 A. 8805--A
occasion or event in a hotel, restaurant, club, ballroom or other prem-
ises a temporary [indoor] permit effective for a period not to exceed
twenty-four consecutive hours, which shall authorize the service of
alcoholic beverages at such function, occasion or event within the
hours, fixed by or pursuant to subdivision five of section one hundred
six of this chapter, during which alcoholic beverages may lawfully be
sold or served upon premises licensed to sell alcoholic beverages at
retail for on-premises consumption in the community in which is located
the premises in which such function, occasion or event is held. The fee
therefor shall be thirty-eight dollars. Such a permit and the exercise
of the privilege granted thereby may be subjected to such rules by the
liquor authority as it deems necessary and such rules as are in conform-
ity with the provisions of subdivision two of this section. Such a
permit may also be issued for functions, occasions or events at premises
for which a summer license has been previously issued pursuant to this
chapter.
§ 4. Subdivision 1 of section 97 of the alcoholic beverage control
law, as amended by section 19 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
1. The liquor authority is hereby authorized to issue temporary
permits effective for a period not to exceed twenty-four consecutive
hours to authorize the sale of beer [and], wine [manufactured in New
York state], CIDER, MEAD AND/OR BRAGGOT, AND LIQUOR at outdoor or indoor
gatherings, functions, occasions or events, within the hours fixed by or
pursuant to subdivision five of section one hundred six of this chapter,
during which alcoholic beverages may lawfully be sold or served upon
premises licensed to sell alcoholic beverages at retail for on-premises
consumption in the community in which is located the premises in which
such gathering, function, occasion or event is held. The fee for such
permit shall be twenty-six dollars. Such permit and the exercise of the
privilege granted thereby shall be subject to such rules of the liquor
authority as it deems necessary.
§ 5. Subdivision 2 of section 105 of the alcoholic beverage control
law is REPEALED.
§ 6. This act shall take effect immediately, and shall apply to all
applications received by the state liquor authority on and after such
date. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation by the state liquor authority necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
PART I
Section 1. The alcoholic beverage control law is amended by adding a
new section 97-d to read as follows:
§ 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE
LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
AGE WHOLESALE FACILITY AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
DOLLARS FOR SUCH PERMIT.
2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
PERMIT WHEN:
S. 8305--A 32 A. 8805--A
(A) THE APPLICANT HAS A WHOLESALE LICENSE APPLICATION AT THE SAME
PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
FILING AND LICENSE FEES;
(B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
NESS; AND
(C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
(A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
(B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
THE WHOLESALE LICENSE BEING APPLIED FOR; AND
(C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
NECESSARY TO OBTAIN SUCH LICENSE.
4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE
LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
CATION.
5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A
WHOLESALE FACILITY FOR THE PURCHASE, WAREHOUSING, AND SALE OF ALCOHOLIC
BEVERAGES ACCORDING TO THE LAWS APPLICABLE TO THE TYPE OF WHOLESALE
LICENSE BEING APPLIED FOR.
6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT FOR SIX MONTHS OR
UNTIL THE WHOLESALE LICENSE BEING APPLIED FOR IS APPROVED AND THE
LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
SUCH EXTENSION.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
WHOLESALE PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF
THE LIQUOR AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR
SUSPENSION EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE
PERMITTEE IN WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET
FORTH THE REASONS FOR SUCH ACTION.
8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
IN FAVOR OF THE APPLICANT.
§ 2. Section 104 of the alcoholic beverage control law is amended by
adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
RY, THE AUTHORITY MAY ISSUE A CIDER PRODUCER OR WHOLESALER'S LICENSE,
BEER WHOLESALER'S LICENSE, WINE WHOLESALER'S LICENSE, OR LIQUOR WHOLE-
SALER'S LICENSE TO THE HOLDER OF ANY WHOLESALER'S LICENSE ISSUED PURSU-
ANT TO THIS CHAPTER FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREM-
ISES. THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH RULES AS
IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
§ 3. This act shall take effect immediately and shall apply to all
applications filed after the date it shall have become a law.
PART J
Section 1. Section 4 of chapter 118 of the laws of 2012 amending the
alcoholic beverage control law relating to the powers of the chairman
S. 8305--A 33 A. 8805--A
and members of the authority, as amended by chapter 124 of the laws of
2021, is amended to read as follows:
§ 4. This act shall take effect immediately [and shall expire and be
deemed repealed twelve years after such date].
§ 2. This act shall take effect immediately.
PART K
Section 1. Section 5 of chapter 396 of the laws of 2010 amending the
alcoholic beverage control law relating to liquidator's permits and
temporary retail permits, as amended by section 1 of part O of chapter
55 of the laws of 2023, is amended to read as follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, [2024]
2025.
§ 2. This act shall take effect immediately.
PART L
Section 1. Chapter 238 of the laws of 2021 is REPEALED.
§ 2. The alcoholic beverage control law is amended by adding a new
section 111-a to read as follows:
§ 111-A. USE OF CONTIGUOUS AND NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE
FOR ON-PREMISES ALCOHOLIC BEVERAGE SALES BY CERTAIN LICENSEES. 1. THE
HOLDER OF A RETAIL ON-PREMISES LICENSE ISSUED PURSUANT TO SECTIONS
FIFTY-FIVE, SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHT-
Y-ONE, OR EIGHTY-ONE-A OF THIS CHAPTER OR A MANUFACTURING LICENSE THAT
INCLUDES A PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT RETAIL
FOR ON-PREMISES CONSUMPTION ON THE LICENSED PREMISES ISSUED PURSUANT TO
SECTION THIRTY, THIRTY-ONE, FIFTY-ONE, FIFTY-ONE-A, FIFTY-EIGHT, FIFTY-
EIGHT-C, SUBDIVISION TWO-C OF SECTION SIXTY-ONE, SECTION SEVENTY-SIX,
SEVENTY-SIX-A, SEVENTY-SIX-C, OR SEVENTY-SIX-D OF THIS CHAPTER MAY FILE
AN ALTERATION APPLICATION WITH THE AUTHORITY PURSUANT TO SUBDIVISION ONE
OF SECTION NINETY-NINE-D OF THIS CHAPTER FOR PERMISSION TO ADD MUNICIPAL
PUBLIC SPACE THAT IS EITHER CONTIGUOUS OR NON-CONTIGUOUS TO THE LICENSED
PREMISES. UPON APPROVAL OF SUCH ALTERATION APPLICATION, SUCH A LICENSEE
MAY EXERCISE THE PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT
RETAIL FOR ON-PREMISES CONSUMPTION ON CONTIGUOUS MUNICIPAL PUBLIC SPACE
OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE PROVIDED:
(A) THE MUNICIPALITY IN WHICH THE LICENSED PREMISES IS LOCATED ISSUES
A PERMIT OR THE RESPONSIBLE MUNICIPAL REGULATORY BODY OR AGENCY ISSUES
WRITTEN AUTHORIZATION TO THE LICENSEE TO SELL AND/OR SERVE FOOD ON SUCH
CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC
SPACE;
(B) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF SUCH MUNIC-
IPAL PERMIT OR OTHER WRITTEN AUTHORIZATION ALONG WITH THE ALTERATION
APPLICATION;
(C) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF THE PERMIT
APPLICATION SUBMITTED TO THE MUNICIPALITY TO OBTAIN THE MUNICIPAL PERMIT
OR OTHER WRITTEN AUTHORIZATION FROM THE MUNICIPALITY ALONG WITH THE
ALTERATION APPLICATION;
(D) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A DIAGRAM DEPICTING
BOTH THE LICENSED PREMISES AND THE CONTIGUOUS MUNICIPAL PUBLIC SPACE OR
S. 8305--A 34 A. 8805--A
NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE TO BE USED BY THE LICENSEE WITH
THE ALTERATION APPLICATION;
(E) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY PROOF THAT IT HAS
PROVIDED COMMUNITY NOTIFICATION TO THE MUNICIPALITY, INCLUDING MUNICI-
PALITIES OUTSIDE THE CITY OF NEW YORK, IN A MANNER CONSISTENT WITH OR
REQUIRED BY SUBDIVISION TWO OF SECTION ONE HUNDRED TEN-B OF THIS ARTICLE
AS REQUIRED FOR THE CITY OF NEW YORK; AND
(F) USE OF ANY SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC
SPACE MEETS ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS, RULES, REGU-
LATIONS, GUIDANCE, CONDITIONS OR REQUIREMENTS.
2. FOR THE PURPOSES OF THIS SECTION: (A) "NON-CONTIGUOUS MUNICIPAL
PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS LOCATED IN FRONT OF, BEHIND,
OR TO THE SIDE OF THE LICENSED PREMISES; (II) IS WITHIN THE PROPERTY
BOUNDARIES OF THE LICENSED PREMISES AS EXTENDED OUT; OR WITHIN THE PROP-
ERTY BOUNDARIES OF THE NEAREST ADJACENT PROPERTIES ON EITHER SIDE; (III)
DOES NOT EXTEND FURTHER THAN THE MIDLINE OF ANY PUBLIC ROADWAY; (IV) IS
SEPARATED FROM THE LICENSED PREMISES ONLY BY ONE OR MORE OF THE FOLLOW-
ING: A PEDESTRIAN THOROUGHFARE, A THOROUGHFARE PRIMARILY RESTRICTED TO
USE BY BICYCLES, OR A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS;
AND (V) OTHERWISE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
REQUIREMENTS.
(B) "CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS
LOCATED IN FRONT OF, BEHIND, OR TO THE SIDE OF THE LICENSED PREMISES;
(II) IS WITHIN THE PROPERTY BOUNDARIES OF THE LICENSED PREMISES AS
EXTENDED OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE NEAREST ADJACENT
PROPERTIES ON EITHER SIDE; (III) OTHERWISE COMPLIES WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL REQUIREMENTS.
3. LICENSEES CHOOSING TO UTILIZE NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE
THAT INCLUDES A THOROUGHFARE PRIMARILY RESTRICTED TO USE BY BICYCLES, OR
A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS, SHALL POST A SIGN OR
POSTER IN SAID MUNICIPAL OUTDOOR SPACE WITH CONSPICUOUS LETTERING IN AT
LEAST SEVENTY-TWO POINT BOLD FACE FONT THAT STATES: "CAUTION: BICYCLE
LANE" PRIOR TO AND WHILE UTILIZING ANY SUCH MUNICIPAL SPACE FOR ON-PREM-
ISES ALCOHOLIC BEVERAGE SALES TO PATRONS. SUCH LICENSEES SHALL BE SOLELY
RESPONSIBLE FOR PRODUCTION OF AND MAINTENANCE OF SUCH SIGNAGE. COMPLI-
ANCE BY THE LICENSEE WITH THE PROVISIONS OF ANY LOCAL LAW REQUIRING
POSTING OF WARNING SIGNS REGARDING BICYCLE LANES ENACTED ON OR BEFORE
THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED TO BE IN COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION. NOTHING CONTAINED HEREIN, HOWEVER,
SHALL BE DEEMED TO EXEMPT ANY LICENSEE NOT OTHERWISE SUBJECT TO THE
PROVISIONS OF ANY SUCH LOCAL LAW FROM COMPLYING WITH THE PROVISIONS OF
THIS SECTION.
4. IF AT ANY TIME THE MUNICIPALITY REVOKES, CANCELS OR SUSPENDS OR
OTHERWISE TERMINATES THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS
MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE, THE
LICENSEE SHALL IMMEDIATELY CEASE EXERCISING THE PRIVILEGE TO SELL AND/OR
SERVE ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON SUCH MUNICIPAL
PUBLIC SPACE. THE LICENSEE SHALL THEN FILE A NEW ALTERATION APPLICATION
REMOVING THE MUNICIPAL PUBLIC SPACE FROM ITS LICENSED PREMISES. THE
FAILURE TO FILE A NEW ALTERATION APPLICATION WITH THE AUTHORITY WITHIN
TEN BUSINESS DAYS OF THE REVOCATION, CANCELLATION, SUSPENSION, OR OTHER
TERMINATION BY THE LOCAL MUNICIPALITY OF THE LICENSEE'S AUTHORIZATION TO
USE SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE SHALL BE
CAUSE FOR REVOCATION, CANCELLATION, SUSPENSION AND/OR IMPOSITION OF A
CIVIL PENALTY AGAINST THE LICENSE IN ACCORDANCE WITH SECTION ONE HUNDRED
EIGHTEEN OF THIS ARTICLE.
S. 8305--A 35 A. 8805--A
5. THE AUTHORITY MAY PROMULGATE GUIDANCE, RULES AND/OR REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING
EXISTING PROVISIONS OF THIS CHAPTER, THE AUTHORITY IS AUTHORIZED TO
PROVIDE SIMPLIFIED APPLICATIONS AND NOTIFICATION PROCEDURES FOR LICEN-
SEES SEEKING TO UTILIZE MUNICIPAL SPACE FOR ON-PREMISES ALCOHOLIC BEVER-
AGE SALES WHENEVER POSSIBLE OR APPROPRIATE. NOTHING IN THIS SECTION
SHALL PROHIBIT THE AUTHORITY FROM REQUESTING ADDITIONAL INFORMATION FROM
ANY APPLICANT SEEKING TO USE NEW MUNICIPAL SPACE OR RENEWAL OF EXISTING
MUNICIPAL SPACE.
§ 3. This act shall take effect immediately and shall apply to all
applications received by the state liquor authority on and after such
effective date. Effective immediately, the authority is authorized to
undertake the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act.
PART M
Section 1. Subdivision 15 of section 201 of the workers' compensation
law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
is amended to read as follows:
15. "Family leave" shall mean any leave taken by an employee from
work: (a) to participate in providing care, including physical or
psychological care, for a family member of the employee made necessary
by a serious health condition of the family member; or (b) to bond with
the employee's child during the first twelve months after the child's
birth, or the first twelve months after the placement of the child for
adoption or foster care with the employee; or (c) because of any quali-
fying exigency as interpreted under the family and medical leave act, 29
U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
of the fact that the spouse, domestic partner, child, or parent of the
employee is on active duty (or has been notified of an impending call or
order to active duty) in the armed forces of the United States; OR (D)
FOR AN EMPLOYEE TO RECEIVE PRENATAL CARE DURING THE EMPLOYEE'S
PREGNANCY.
§ 2. Section 201 of the workers' compensation law is amended by adding
a new subdivision 25 to read as follows:
25. "PRENATAL CARE" MEANS THE HEALTH CARE RECEIVED BY AN EMPLOYEE
DURING PREGNANCY RELATED TO SUCH PREGNANCY. PRENATAL CARE INCLUDES PHYS-
ICAL EXAMS, MONITORING AND TESTING AS WELL AS DISCUSSIONS WITH A HEALTH
CARE PROVIDER RELATED TO THE PREGNANCY.
§ 3. Paragraph (a) of subdivision 2 of section 204 of the workers'
compensation law, as added by section 5 of part SS of chapter 54 of the
laws of 2016, is amended to read as follows:
(a) The weekly benefit for family leave that occurs (i) on or after
January first, two thousand eighteen shall not exceed eight weeks during
any fifty-two week calendar period and shall be fifty percent of the
employee's average weekly wage but shall not exceed fifty percent of the
state average weekly wage, (ii) on or after January first, two thousand
nineteen shall not exceed ten weeks during any fifty-two week calendar
period and shall be fifty-five percent of the employee's average weekly
wage but shall not exceed fifty-five percent of the state average weekly
wage, (iii) on or after January first, two thousand twenty shall not
exceed ten weeks during any fifty-two week calendar period and shall be
sixty percent of the employee's average weekly wage but shall not exceed
sixty percent of the state average weekly wage, and (iv) on or after
January first of each succeeding year, shall not exceed twelve weeks
S. 8305--A 36 A. 8805--A
during any fifty-two week calendar period and shall be sixty-seven
percent of the employee's average weekly wage but shall not exceed
sixty-seven percent of the New York state average weekly wage in effect.
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE BENEFIT FOR
PRENATAL CARE SHALL NOT EXCEED FORTY HOURS DURING ANY FIFTY-TWO WEEK
CALENDAR PERIOD AND SUCH LEAVE FOR PRENATAL CARE MAY BE TAKEN IN HOURLY
INCREMENTS AND IN ADDITION TO ANY OTHER FAMILY LEAVE BENEFITS THE
EMPLOYEE MAY BE ELIGIBLE FOR DURING THE SAME FIFTY-TWO WEEK PERIOD. The
superintendent of financial services shall have discretion to delay the
increases in the family leave benefit level provided in subparagraphs
(ii), (iii), and (iv) of this paragraph by one or more calendar years.
In determining whether to delay the increase in the family leave benefit
for any year, the superintendent of financial services shall consider:
(1) the current cost to employees of the family leave benefit and any
expected change in the cost after the benefit increase; (2) the current
number of insurers issuing insurance policies with a family leave bene-
fit and any expected change in the number of insurers issuing such poli-
cies after the benefit increase; (3) the impact of the benefit increase
on employers' business and the overall stability of the program to the
extent that information is readily available; (4) the impact of the
benefit increase on the financial stability of the disability and family
leave insurance market and carriers; and (5) any additional factors that
the superintendent of financial services deems relevant. If the super-
intendent of financial services delays the increase in the family leave
benefit level for one or more calendar years, the family leave benefit
level that shall take effect immediately following the delay shall be
the same benefit level that would have taken effect but for the delay.
The weekly benefits for family leave that occurs on or after January
first, two thousand eighteen shall not be less than one hundred dollars
per week except that if the employee's wages at the time of family leave
are less than one hundred dollars per week, the employee shall receive
his or her full wages. Benefits may be payable to employees for paid
family leave taken intermittently or for less than a full work week in
increments of one full day or one fifth of the weekly benefit. NOTWITH-
STANDING THE FOREGOING, FAMILY LEAVE BENEFITS UNDER PARAGRAPH (D) OF
SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE MAY BE
PAYABLE TO EMPLOYEES IN HOURLY INCREMENTS.
§ 4. Section 205 of the workers' compensation law, as amended by
section 6 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 205. Disabilities, family leave and periods for which benefits are
not payable. 1. No employee shall be entitled to disability benefits
under this article:
(a) For more than twenty-six weeks minus any days taken for family
leave during any fifty-two consecutive calendar weeks during a period of
fifty-two consecutive calendar weeks or during any one period of disa-
bility, or for more than twenty-six weeks; PROVIDED, HOWEVER, THAT FAMI-
LY LEAVE UNDER PARAGRAPH (D) OF SUBDIVISION FIFTEEN OF SECTION TWO
HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT;
(b) for any period of disability during which an employee is not under
the care of a duly licensed physician or with respect to disability
resulting from a condition of the foot which may lawfully be treated by
a duly registered and licensed podiatrist of the state of New York or
with respect to a disability resulting from a condition which may
lawfully be treated by a duly registered and licensed chiropractor of
the state of New York or with respect to a disability resulting from a
S. 8305--A 37 A. 8805--A
condition which may lawfully be treated by a duly licensed dentist of
the state of New York or with respect to a disability resulting from a
condition which may lawfully be treated by a duly registered and
licensed psychologist of the state of New York or with respect to a
disability resulting from a condition which may lawfully be treated by a
duly certified nurse midwife, for any period of such disability during
which an employee is neither under the care of a physician nor a podia-
trist, nor a chiropractor, nor a dentist, nor a psychologist, nor a
certified nurse midwife; and for any period of disability during which
an employee who adheres to the faith or teachings of any church or
denomination and who in accordance with its creed, tenets or principles
depends for healing upon prayer through spiritual means alone in the
practice of religion, is not under the care of a practitioner duly
accredited by the church or denomination, and provided such employee
shall submit to all physical examinations as required by this chapter.
2. No employee shall be entitled to family leave benefits under this
article:
(a) For more than twelve weeks, or the maximum duration permitted as
set forth in paragraph (a) of subdivision two of section two hundred
four of this article, during a period of fifty-two consecutive calendar
weeks, or for any period in which the family leave combined with the
disability benefits previously paid exceeds twenty-six weeks during the
same fifty-two consecutive calendar weeks; PROVIDED, HOWEVER, THAT FAMI-
LY LEAVE UNDER PARAGRAPH (D) OF SUBDIVISION FIFTEEN OF SECTION TWO
HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT;
(b) For any period of family leave wherein the notice and medical
certification as prescribed by the chair has not been filed. At the
discretion of the chair or chair's designee pursuant to section two
hundred twenty-one of this article, the family member who is the recipi-
ent of care may be required to submit to a physical examination by a
qualified health care provider. Such examination shall be paid for by
the carrier; and
(c) As a condition of an employee's initial receipt of family leave
benefits during any fifty-two consecutive calendar weeks in which an
employee is eligible for these benefits, an employer may offer an
employee who has accrued but unused vacation time or personal leave
available at the time of use of available family leave to choose whether
to charge all or part of the family leave time to accrued but unused
vacation or personal leave, and receive full salary, or to not charge
time to accrued but unused vacation or personal leave, and receive the
benefit as set forth in section two hundred four of this article. An
employer that pays full salary during a period of family leave may
request reimbursement in accordance with section two hundred thirty-sev-
en of this article. With the election of either option, the employee
shall receive the full protection of the reinstatement provision set
forth in section two hundred three-b of this article, and shall concur-
rently use available family medical leave act and paid family leave
credits. In no event can an employee utilize family leave beyond twelve
weeks, or the maximum duration permitted as set forth in paragraph (a)
of subdivision two of section two hundred four of this article, per any
fifty-two week period set forth in this article; PROVIDED, HOWEVER, THAT
FAMILY LEAVE UNDER PARAGRAPH (D) OF SUBDIVISION FIFTEEN OF SECTION TWO
HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT. This paragraph
may not be construed in a manner that relieves an employer of any duty
of collective bargaining the employer may have with respect to the
subject matter of this paragraph.
S. 8305--A 38 A. 8805--A
3. No employee shall be entitled to disability or family leave bene-
fits under this article:
(a) for any disability occasioned by the wilful intention of the
employee to bring about injury to or the sickness of himself or another,
or resulting from any injury or sickness sustained in the perpetration
by the employee of an illegal act;
(b) for any day of disability or family leave during which the employ-
ee performed work for remuneration or profit; PROVIDED, HOWEVER, THAT
FAMILY LEAVE UNDER PARAGRAPH (D) OF SUBDIVISION FIFTEEN OF SECTION TWO
HUNDRED ONE OF THIS ARTICLE MAY BE TAKEN IN HOURLY INCREMENTS;
(c) for any day of disability or family leave for which the employee
is entitled to receive from his or her employer, or from a fund to which
the employer has contributed, remuneration or maintenance in an amount
equal to or greater than that to which he or she would be entitled under
this article; but any voluntary contribution or aid which an employer
may make to an employee or any supplementary benefit paid to an employee
pursuant to the provisions of a collective bargaining agreement or from
a trust fund to which contributions are made pursuant to the provisions
of a collective bargaining agreement shall not be considered as contin-
ued remuneration or maintenance for this purpose;
(d) for any period in respect to which such employee is subject to
suspension or disqualification of the accumulation of unemployment
insurance benefit rights, or would be subject if he or she were eligible
for such benefit rights, except for ineligibility resulting from the
employee's disability;
(e) for any disability due to any act of war, declared or undeclared;
(f) for any disability or family leave commencing before the employee
becomes eligible to benefits under this section.
4. An employee may not collect benefits concurrently under both subdi-
visions one and two of this section.
5. In any case in which the necessity for family leave is foreseeable
based on an expected birth or placement, the employee shall provide the
employer with not less than thirty days notice before the date the leave
is to begin, of the employee's intention to take family leave under this
article, except that if the date of the birth or placement requires
leave to begin in less than thirty days, the employee shall provide such
notice as is practicable. In any case in which the necessity for family
leave is foreseeable based on planned medical treatment, the employee
shall provide the employer with not less than thirty days notice, before
the date the leave is to begin, of the employees intention to take fami-
ly leave under this article, except that if the date of the treatment
requires leave to begin in less than thirty days, the employee shall
provide such notice as is practicable.
§ 5. Paragraph (d) of subdivision 3 of section 206 of the workers'
compensation law, as added by section 7 of part SS of chapter 54 of the
laws of 2016, is amended to read as follows:
(d) WITH THE EXCEPTION OF LEAVE FOR PRENATAL CARE WHICH MAY BE TAKEN
IN HOURLY INCREMENTS, for any day in which claimant works at least part
of that day for remuneration or profit for the covered employer or for
any other employer while working for remuneration or profit, for him or
herself, or another person or entity, during the same or substantially
similar working hours as those of the covered employer from which family
leave benefits are claimed, except that occasional scheduling adjust-
ments with respect to secondary employments shall not prevent receipt of
family leave benefits.
S. 8305--A 39 A. 8805--A
§ 6. Subdivision 1 of section 208 of the workers' compensation law, as
amended by section 9 of part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
1. Benefits provided under this article shall be paid periodically and
promptly and, except as to a contested period of disability or family
leave, without any decision by the board, or designee of the chair
pursuant to section two hundred twenty-one of this article. The first
payment of benefits shall be due on the fourteenth day of disability or
family leave and benefits for that period shall be paid directly to the
employee within four business days thereafter or within four business
days after the filing of required proof of claim, whichever is the
later. FAMILY LEAVE BENEFITS FOR PRENATAL CARE MAY BE PAID IN HOURLY
INSTALLMENTS OR, UPON ELECTION OF THE EMPLOYER OR INSURANCE CARRIER AND
UPON NOTICE TO THE EMPLOYEE AT THE TIME OF THE REQUEST FOR SUCH FAMILY
LEAVE, IN AN AGGREGATE PAYMENT THAT CORRESPONDS TO THE HOURS IN THE
EMPLOYEE'S REGULAR WORKDAY UPON SUBMISSION OF PROOF OF LEAVE FOR PRENA-
TAL CARE FOR SUCH HOURS AND WITHIN FOURTEEN DAYS OF THE LAST HOURLY
INCREMENT AND FOUR BUSINESS DAYS AFTER SUCH SUBMISSION. If the employer
or carrier rejects an initial claim for family leave benefits, the
employer or carrier must notify the employee in a manner prescribed by
the chair within eighteen days of filing of the proof of claim. Failure
to timely reject shall constitute a waiver of objection to the family
leave claim. Thereafter benefits shall be due and payable bi-weekly in
like manner. The chair or chair's designee, pursuant to section two
hundred twenty-one of this article, may determine that benefits may be
paid monthly or semi-monthly if wages were so paid, and may authorize
deviation from the foregoing requirements to facilitate prompt payment
of benefits. Any inquiry which requires the employee's response in order
to continue benefits uninterrupted or unmodified shall provide a reason-
able time period in which to respond and include a clear and prominent
statement of the deadline for responding and consequences of failing to
respond.
§ 7. Subdivision 1 of section 217 of the workers' compensation law, as
amended by section 16 of part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
1. Written notice and proof of disability or proof of need for family
leave shall be furnished to the employer by or on behalf of the employee
claiming benefits or, in the case of a claimant under section two
hundred seven of this article, to the chair, within thirty days after
commencement of the period of disability OR FAMILY LEAVE, OR FOR FAMILY
LEAVE FOR PRENATAL CARE WITHIN THIRTY DAYS OF THE LAST HOUR FOR SUCH
LEAVE PERIOD AS PRESCRIBED IN SUBDIVISION ONE OF SECTION TWO HUNDRED
EIGHT OF THIS ARTICLE. Additional proof shall be furnished thereafter
from time to time as the employer or carrier or chair may require but
not more often than once each week. Such proof shall include a statement
of disability by the employee's attending physician or attending podia-
trist or attending chiropractor or attending dentist or attending
psychologist or attending certified nurse midwife or family leave care
recipient's health care provider, or in the case of an employee who
adheres to the faith or teachings of any church or denomination, and who
in accordance with its creed, tenets or principles depends for healing
upon prayer through spiritual means alone in the practice of religion,
by an accredited practitioner, containing facts and opinions as to such
disability in compliance with regulations of the chair. Failure to
furnish notice or proof within the time and in the manner above provided
shall not invalidate the claim but no benefits shall be required to be
S. 8305--A 40 A. 8805--A
paid for any period more than two weeks prior to the date on which the
required proof is furnished unless it shall be shown to the satisfaction
of the chair not to have been reasonably possible to furnish such notice
or proof and that such notice or proof was furnished as soon as possi-
ble; provided, however, that no benefits shall be paid unless the
required proof of disability is furnished within the period of actual
disability or family leave that does not exceed the statutory maximum
period permitted under section two hundred four of this article. No
limitation of time provided in this section shall run as against any
disabled employee who is mentally incompetent, or physically incapable
of providing such notice as a result of a serious medical condition, or
a minor so long as such person has no guardian of the person and/or
property.
§ 8. This act shall take effect January 1, 2025.
PART N
Section 1. Section 200 of the workers' compensation law, as amended by
section 1 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 200. Short title. This article shall be known and may be cited as
the "disability [benefits law] and [the] paid family leave benefits
law."
§ 2. Subdivisions 14, 15 and 22 of section 201 of the workers' compen-
sation law, subdivision 14 as amended and subdivisions 15 and 22 as
added by section 2 of part SS of chapter 54 of the laws of 2016, are
amended to read as follows:
14. "A day of disability" means any day on which the employee was
prevented from performing work because of disability[, including any day
which the employee uses for family leave,] and for which the employee
has not received [his or her] THEIR regular remuneration.
15. "Family leave" shall mean any leave taken by an employee from
work: (a) to participate in providing care, including physical or
psychological care, for a family member of the employee made necessary
by a serious health condition of the family member; or (b) to bond with
the employee's child during the first twelve months after the child's
birth, or the first twelve months after the placement of the child for
adoption or foster care with the employee; or (c) because of any quali-
fying exigency as interpreted under the family and medical leave act, 29
U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126[(a)(1)-(8)], arising out
of the fact that the spouse, domestic partner, child, or parent of the
employee is on active duty (or has been notified of an impending call or
order to active duty) in the armed forces of the United States.
22. "Health care provider" shall mean for the purpose of [family
leave] THIS ARTICLE, a person licensed under article one hundred thir-
ty-one, one hundred thirty-one-B, one hundred thirty-two, one hundred
thirty-three, one hundred thirty-six, one hundred thirty-nine, one
hundred forty-one, one hundred forty-three, one hundred forty-four, one
hundred fifty-three, one hundred fifty-four, one hundred fifty-six or
one hundred fifty-nine of the education law or a person licensed under
the public health law, article one hundred forty of the education law or
article one hundred sixty-three of the education law.
§ 3. Section 203-a of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
S. 8305--A 41 A. 8805--A
§ 203-a. Retaliatory action prohibited for [family] leave. 1. The
provisions of section one hundred twenty of this chapter and section two
hundred forty-one of this article shall be applicable to family AND
DISABILITY leave.
2. Nothing in this section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any collective bargaining
agreement or employment contract.
§ 4. Section 203-b of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203-b. Reinstatement following [family] leave. Any eligible employee
of a covered employer who takes leave under this article shall be enti-
tled, on return from such leave, to be restored by the employer to the
position of employment held by the employee when the leave commenced, or
to be restored to a comparable position with comparable employment bene-
fits, pay and other terms and conditions of employment. The taking of
family OR DISABILITY leave shall not result in the loss of any employ-
ment benefit accrued prior to the date on which the leave commenced.
Nothing in this section shall be construed to entitle any restored
employee to the accrual of any seniority or employment benefits during
any period of leave, or any right, benefit or position to which the
employee would have been entitled had the employee not taken the leave.
§ 5. Section 203-c of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203-c. Health insurance during [family] leave. In accordance with
the Family and Medical Leave Act (29 U.S.C. §§ 2601-2654), during any
period of family OR DISABILITY leave the employer shall maintain any
existing health benefits of the employee in force for the duration of
such leave as if the employee had continued to work from the date [he or
she] THEY commenced family OR DISABILITY leave until the date [he or she
returns] THEY RETURN to employment.
§ 6. Section 204 of the workers' compensation law, as amended by
section 5 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 204. Disability and family leave during employment. 1. Disability
benefits shall be payable to an eligible employee for disabilities,
beginning with the eighth day of disability and thereafter during the
continuance of disability, subject to the limitations as to maximum and
minimum amounts and duration and other conditions and limitations in
this section and in sections two hundred five and two hundred six of
this article. Family leave benefits shall be payable to an eligible
employee for the first full day when family leave is required and there-
after during the continuance of the need for family leave, subject to
the limitations as to maximum and minimum amounts and duration and other
conditions and limitations in this section and in sections two hundred
five and two hundred six of this article. Successive periods of disabil-
ity or family leave caused by the same or related injury or sickness OR
QUALIFYING EVENT shall shall be deemed a single period of disability or
family leave only if separated by less than three months.
2. (a) The weekly benefit for family leave that occurs (i) on or after
January first, two thousand eighteen shall not exceed eight weeks during
any fifty-two week calendar period and shall be fifty percent of the
employee's average weekly wage but shall not exceed fifty percent of the
state average weekly wage, (ii) on or after January first, two thousand
nineteen shall not exceed ten weeks during any fifty-two week calendar
S. 8305--A 42 A. 8805--A
period and shall be fifty-five percent of the employee's average weekly
wage but shall not exceed fifty-five percent of the state average weekly
wage, (iii) on or after January first, two thousand twenty shall not
exceed ten weeks during any fifty-two week calendar period and shall be
sixty percent of the employee's average weekly wage but shall not exceed
sixty percent of the state average weekly wage, and (iv) on or after
January first of each succeeding year, shall not exceed twelve weeks
during any fifty-two week calendar period and shall be sixty-seven
percent of the employee's average weekly wage but shall not exceed
sixty-seven percent of the New York state average weekly wage in effect.
The superintendent of financial services shall have discretion to delay
the increases in the family leave benefit level provided in subpara-
graphs (ii), (iii), and (iv) of this paragraph by one or more calendar
years. In determining whether to delay the increase in the family leave
benefit for any year, the superintendent of financial services shall
consider: (1) the current cost to employees of the family leave benefit
and any expected change in the cost after the benefit increase; (2) the
current number of insurers issuing insurance policies with a family
leave benefit and any expected change in the number of insurers issuing
such policies after the benefit increase; (3) the impact of the benefit
increase on employers' business and the overall stability of the program
to the extent that information is readily available; (4) the impact of
the benefit increase on the financial stability of the disability and
family leave insurance market and carriers; and (5) any additional
factors that the superintendent of financial services deems relevant. If
the superintendent of financial services delays the increase in the
family leave benefit level for one or more calendar years, the family
leave benefit level that shall take effect immediately following the
delay shall be the same benefit level that would have taken effect but
for the delay. The weekly benefits for family leave that occurs on or
after January first, two thousand eighteen shall not be less than one
hundred dollars per week except that if the employee's wages at the time
of family leave are less than one hundred dollars per week, the employee
shall receive [his or her] THEIR full wages. Benefits may be payable to
employees for paid family leave taken intermittently or for less than a
full work week in increments of one full day or one fifth of the weekly
benefit.
(b) THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO
RECEIVE FOR THE FIRST TWELVE WEEKS OF DISABILITY COMMENCING: (I) ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE SHALL BE FIFTY PERCENT OF
THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FOUR HUNDRED
DOLLARS; (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX SHALL
BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT
EXCEED SIX HUNDRED THIRTY DOLLARS; (III) ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-SEVEN SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE
WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE STATE AVERAGE
WEEKLY WAGE; (IV) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT
SHALL BE SIXTY PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE BUT SHALL
NOT EXCEED SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE; AND (V) ON OR
AFTER JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL BE SIXTY-SEVEN
PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED
SIXTY-SEVEN PERCENT OF THE STATE AVERAGE WEEKLY WAGE. THE SUPERINTENDENT
OF FINANCIAL SERVICES SHALL HAVE DISCRETION TO DELAY THE INCREASES IN
THE DISABILITY BENEFIT LEVEL PROVIDED IN SUBPARAGRAPHS (II), (III), (IV)
AND (V) OF THIS PARAGRAPH BY ONE OR MORE CALENDAR YEARS. IN DETERMINING
WHETHER TO DELAY THE INCREASE IN THE DISABILITY BENEFIT FOR ANY YEAR,
S. 8305--A 43 A. 8805--A
THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL CONSIDER: (1) THE CURRENT
COST TO EMPLOYEES AND EMPLOYERS OF THE BENEFIT AND ANY EXPECTED CHANGE
IN THE COST AFTER THE BENEFIT INCREASE; (2) THE CURRENT NUMBER OF INSUR-
ERS ISSUING INSURANCE POLICIES WITH A DISABILITY BENEFIT AND ANY
EXPECTED CHANGE IN THE NUMBER OF INSURERS ISSUING SUCH POLICIES AFTER
THE BENEFIT INCREASE; (3) THE IMPACT OF THE BENEFIT INCREASE ON EMPLOY-
ERS' BUSINESS AND THE OVERALL STABILITY OF THE PROGRAM TO THE EXTENT
THAT INFORMATION IS READILY AVAILABLE; (4) THE IMPACT OF THE BENEFIT
INCREASE ON THE FINANCIAL STABILITY OF THE DISABILITY AND FAMILY LEAVE
INSURANCE MARKET AND CARRIERS; AND (5) ANY ADDITIONAL FACTORS THAT THE
SUPERINTENDENT OF FINANCIAL SERVICES DEEMS RELEVANT. IF THE SUPERINTEN-
DENT OF FINANCIAL SERVICES DELAYS THE INCREASE IN THE DISABILITY BENEFIT
LEVEL FOR ONE OR MORE CALENDAR YEARS, THE DISABILITY BENEFIT LEVEL THAT
SHALL TAKE EFFECT IMMEDIATELY FOLLOWING THE DELAY SHALL BE THE SAME
BENEFIT LEVEL THAT WOULD HAVE TAKEN EFFECT BUT FOR THE DELAY. THE WEEKLY
BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR THE PERI-
ODS OF DISABILITY AFTER THE TWELFTH WEEK OF DISABILITY AND THROUGH THE
TWENTY-SIXTH WEEK OF DISABILITY (A) ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWENTY-FIVE SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY
WAGE BUT SHALL NOT EXCEED TWO HUNDRED EIGHTY DOLLARS PER WEEK; (B) ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT SHALL BE SIXTY PERCENT OF
THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED TWO HUNDRED
EIGHTY PER WEEK; AND (C) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
TY-NINE AND EACH SUCCEEDING YEAR SHALL BE SIXTY-SEVEN PERCENT OF THE
EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED TWO HUNDRED EIGHTY
DOLLARS PER WEEK. THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS
ENTITLED TO RECEIVE FOR DISABILITY LEAVE THAT OCCURS ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-FIVE SHALL NOT BE LESS THAN ONE HUNDRED
DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF
FAMILY LEAVE ARE LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE
SHALL RECEIVE THEIR FULL WAGES. The weekly benefit which the disabled
employee is entitled to receive for disability commencing on or after
May first, nineteen hundred eighty-nine AND PRIOR TO JANUARY FIRST, TWO
THOUSAND TWENTY-FIVE shall be one-half of the employee's weekly wage,
but in no case shall such benefit exceed one hundred seventy dollars;
except that if the employee's average weekly wage is less than twenty
dollars, the benefit shall be such average weekly wage. The weekly bene-
fit which the disabled employee is entitled to receive for disability
commencing on or after July first, nineteen hundred eighty-four shall be
one-half of the employee's weekly wage, but in no case shall such bene-
fit exceed one hundred forty-five dollars; except that if the employee's
average weekly wage is less than twenty dollars, the benefit shall be
such average weekly wage. The weekly benefit which the disabled employee
is entitled to receive for disability commencing on or after July first,
nineteen hundred eighty-three and prior to July first, nineteen hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
be less than twenty dollars; except that if the employee's average week-
ly wage is less than twenty dollars the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred eighty-
three, shall be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be less than
twenty dollars; except that if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
S. 8305--A 44 A. 8805--A
The weekly benefit which the disabled employee is entitled to receive
for disability commencing on or after July first, nineteen hundred
seventy and prior to July first, nineteen hundred seventy-four shall be
one-half of the employee's average weekly wage, but in no case shall
such benefit exceed seventy-five dollars nor be less than twenty
dollars; except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage. For any
period of disability less than a full week, the benefits payable shall
be calculated by dividing the weekly benefit by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such period of disability. The weekly
benefit for a disabled employee who is concurrently eligible for bene-
fits in the employment of more than one covered employer shall, within
the maximum and minimum herein provided, be one-half of the total of the
employee's average weekly wages received from all such covered employ-
ers, and shall be allocated in the proportion of their respective aver-
age weekly wage payments.
§ 7. Subdivision 2 of section 206 of the workers' compensation law, as
amended by section 7 of part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
2. If an employee who is eligible for disability benefits under
section two hundred three or two hundred seven of this article is disa-
bled and has claimed or subsequently claims workers' compensation bene-
fits under this chapter or benefits under the volunteer firefighters'
benefit law or the volunteer ambulance workers' benefit law, and such
claim is controverted on the ground that the employee's disability was
not caused by an accident that arose out of and in the course of [his]
THEIR employment or by an occupational disease, or by an injury in line
of duty as a volunteer firefighter or volunteer ambulance worker, the
employee shall be entitled in the first instance to receive benefits
under this article for [his or her] THEIR disability. If benefits have
been paid under this article in respect to a disability alleged to have
arisen out of and in the course of the employment or by reason of an
occupational disease, or in line of duty as a volunteer firefighter or a
volunteer ambulance worker, the employer or carrier or the chair making
such payment may, at any time before award of workers' compensation
benefits, or volunteer firefighters' benefits or volunteer ambulance
workers' benefits, is made, file with the board a claim for reimburse-
ment out of the proceeds of such award to the employee for the period
for which disability benefits were paid to the employee under this arti-
cle, and shall have a lien against the FULL award for reimbursement,
notwithstanding the provisions of section thirty-three of this chapter
or section twenty-three of the volunteer firefighters' benefit law or
section twenty-three of the volunteer ambulance workers' benefit law
provided the insurance carrier liable for payment of the award receives,
before such award is made, a copy of the claim for reimbursement from
the employer, carrier or chair who paid disability benefits, or provided
the board's decision and award directs such reimbursement therefrom.
§ 8. Paragraph (a) of subdivision 3 of section 209 of the workers'
compensation law, as amended by section 10 of part SS of chapter 54 of
the laws of 2016, is amended to read as follows:
(a) Disability benefits. The contribution of each such employee to the
cost of disability benefits provided by this article shall be one-half
of one per centum of the employee's wages paid to him or her on and
after July first, nineteen hundred fifty, but not in excess of sixty
cents per week. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE
S. 8305--A 45 A. 8805--A
MAXIMUM EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED TO
COLLECT FROM EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED
BY THIS ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S
WAGES BUT SHALL NOT EXCEED FORTY PERCENT OF THE AVERAGE OF THE COMBINA-
TION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY BENEFITS
PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO
HUNDRED FOUR OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR, AS DETER-
MINED ANNUALLY BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO
SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF THE
INSURANCE LAW. A SELF-INSURER SHALL SUBMIT REPORTS TO THE SUPERINTEN-
DENT OF FINANCIAL SERVICES FOR THE PURPOSE OF DETERMINING FORTY PERCENT
OF THE AVERAGE OF THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIB-
UTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE DURING THE
PRIOR CALENDAR YEAR, PURSUANT TO SUBSECTION (N) OF SECTION FOUR THOUSAND
TWO HUNDRED THIRTY-FIVE OF THE INSURANCE LAW.
§ 9. The opening paragraph and subdivision 1 of section 214 of the
workers' compensation law, as amended by section 26 of part GG of chap-
ter 57 of the laws of 2013, are amended to read as follows:
There is hereby created a fund which shall be known as the special
fund for disability benefits to provide for the payment of [disability]
benefits under sections two hundred seven, two hundred thirteen and
attendance fees under section two hundred thirty-two of this article.
1. As promptly as practicable after April first, in each year, the
chairman shall ascertain the condition of the fund, and if as of any
such date the net assets of the fund shall be one million dollars or
more below the sum of twelve million dollars, the chairman shall assess
and collect an amount sufficient to restore the fund to an amount equal
to twelve million dollars.[.] Such assessment shall be included in the
assessment rate established pursuant to subdivision two of section one
hundred fifty-one of this chapter. Such assessments shall be deposited
with the commissioner of taxation and finance and transferred to the
benefit of such fund upon payment of debt service, if any, pursuant to
section one hundred fifty-one of this chapter.
§ 10. Subdivision 1 of section 217 of the workers' compensation law,
as amended by section 16 of part SS of chapter 54 of the laws of 2016,
is amended to read as follows:
1. Written notice and proof of disability or proof of need for family
leave shall be furnished to the employer by or on behalf of the employee
claiming benefits or, in the case of a claimant under section two
hundred seven of this article, to the chair, within thirty days after
commencement of the period of disability. Additional proof shall be
furnished thereafter from time to time as the employer or carrier or
chair may require but not more often than once each week. Such proof
shall include a statement of disability by the employee's [attending
physician or attending podiatrist or attending chiropractor or attending
dentist or attending psychologist or attending certified nurse midwife
or family leave care recipient's health care provider, or in the case of
an employee who adheres to the faith or teachings of any church or
denomination, and who in accordance with its creed, tenets or principles
depends for healing upon prayer through spiritual means alone in the
practice of religion, by an accredited practitioner,] HEALTH CARE
PROVIDER containing facts and opinions as to such disability in compli-
ance with regulations of the chair. Failure to furnish notice or proof
within the time and in the manner above provided shall not invalidate
the claim but no benefits shall be required to be paid for any period
S. 8305--A 46 A. 8805--A
more than two weeks prior to the date on which the required proof is
furnished unless it shall be shown to the satisfaction of the chair not
to have been reasonably possible to furnish such notice or proof and
that such notice or proof was furnished as soon as possible; provided,
however, that no benefits shall be paid unless the required proof [of
disability] is furnished within the period of actual disability or fami-
ly leave that does not exceed the statutory maximum period permitted
under section two hundred four of this article. No limitation of time
provided in this section shall run as against any disabled employee who
is mentally incompetent, or physically incapable of providing such
notice as a result of a serious medical condition, or a minor so long as
such person has no guardian of the person and/or property.
§ 11. Section 218 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 2 as amended by chapter 809 of
the laws of 1985, is amended to read as follows:
§ 218. [Disability benefit] BENEFIT rights inalienable. 1. Any agree-
ment by an employee to waive [his] THEIR rights under this article shall
be void.
2. Disability OR FAMILY LEAVE benefits payable under this article
shall not be assigned or released, except as provided in this article,
and shall be exempt from all claims of creditors and from levy,
execution and attachment or other remedy for recovery or collection of a
debt, which exemption may not be waived provided, however, that such
benefits shall be subject to an income execution or order for support
enforcement pursuant to section fifty-two hundred forty-one or fifty-two
hundred forty-two of the civil practice law and rules.
§ 12. Section 221 of the workers' compensation law, as amended by
section 19 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 221. Determination of contested claims for disability and family
leave benefits. In accordance with regulations adopted by the chair,
within twenty-six weeks of written notice of rejection of claim, the
employee may file with the chair a notice that [his or her] THEIR claim
for disability or family leave benefits has not been paid, and the
employee shall submit proof of disability or entitlement to family leave
and of [his or her] THEIR employment, wages and other facts reasonably
necessary for determination of the employee's right to such benefits.
Failure to file such notice within the time provided, may be excused if
it can be shown not to have been reasonably possible to furnish such
notice and that such notice was furnished as soon as possible. On demand
the employer or carrier shall forthwith deliver to the board the
original or a true copy of the health care provider's report, wage and
employment data and all other documentation in the possession of the
employer or carrier with respect to such claim.
The chair or designee, shall have full power and authority to deter-
mine all issues in relation to every such claim for disability benefits
required or provided under this article, and shall file its decision in
the office of the chairman. Upon such filing, the chairman shall send to
the parties a copy of the decision. Either party may present evidence
and be represented by counsel at any hearing on such claim. The decision
of the board shall be final as to all questions of fact and, except as
provided in section twenty-three of this chapter, as to all questions of
law. Every decision shall be complied with in accordance with its terms
within ten days thereafter except as permitted by law upon the filing of
a request for review, and any payments due under such decision shall
draw simple interest from thirty days after the making thereof at the
S. 8305--A 47 A. 8805--A
rate provided in section five thousand four of the civil practice law
and rules. The chair shall adopt rules and regulations to carry out the
provisions of this article including but not limited to resolution of
contested claims and requests for review thereof, and payment of costs
for resolution of disputed claims by carriers. Any designated process
shall afford the parties the opportunity to present evidence and to be
represented by counsel in any such proceeding. The chair shall have the
authority to provide for alternative dispute resolution procedures for
claims arising under DISABILITY AND family leave, including but not
limited to referral and submission of disputed claims to a neutral arbi-
trator under the auspices of an alternative dispute resolution associ-
ation pursuant to article seventy-five of the civil practice law and
rules. Neutral arbitrator shall mean an arbitrator who does not have a
material interest in the outcome of the arbitration proceeding or an
existing and substantial relationship, including but not limited to
pecuniary interests, with a party, counsel or representative of a party.
Any determination made by alternative dispute resolution shall not be
reviewable by the board and the venue for any appeal shall be to a court
of competent jurisdiction.
§ 13. Section 228 of the workers' compensation law, as added by
section 27 of part GG of chapter 57 of the laws of 2013, is amended to
read as follows:
§ 228. Administrative expenses. 1. The estimated annual expenses
necessary for the workers' compensation board to administer the
provisions of the disability AND PAID FAMILY LEAVE benefits law shall be
borne by all affected employers and included as part of the assessment
rate generated pursuant to subdivision two of section one hundred
fifty-one of this chapter.
2. Annually, as soon as practicable after the first day of April, the
chair and department of audit and control shall ascertain the total
amount of actual expenses.
§ 14. Subsection (n) of section 4235 of the insurance law is amended
by adding a new paragraph 4 to read as follows:
(4)(A) THE SUPERINTENDENT SHALL ESTABLISH BY SEPTEMBER FIRST OF EACH
YEAR THE MAXIMUM EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER, AS
DEFINED IN SECTION TWO HUNDRED TWO OF THE WORKERS' COMPENSATION LAW, IS
AUTHORIZED TO COLLECT FROM EACH EMPLOYEE FOR THE COST OF DISABILITY
BENEFITS PROVIDED PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION
LAW THROUGH A GROUP ACCIDENT AND HEALTH INSURANCE POLICY OR THROUGH A
SELF-FUNDED EMPLOYER FOR ITS EMPLOYEES. BEGINNING JANUARY FIRST, TWO
THOUSAND TWENTY-FIVE, THE MAXIMUM EMPLOYEE CONTRIBUTION AMOUNT SHALL BE
ONE-HALF OF ONE PERCENT OF THE EMPLOYEE'S WAGES BUT SHALL NOT EXCEED
FORTY PERCENT OF THE AVERAGE OF THE COMBINATION OF ALL EMPLOYEE AND
EMPLOYER CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS'
COMPENSATION LAW DURING THE PRIOR CALENDAR YEAR, WHICH THE SUPERINTEN-
DENT SHALL DETERMINE AND PUBLISH ON THE DEPARTMENT'S WEBSITE.
(B) A SELF-FUNDED EMPLOYER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT
FOR THE PURPOSE OF DETERMINING FORTY PERCENT OF THE AVERAGE OF THE
COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY
BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION LAW. A SELF-FUND-
ED EMPLOYER SHALL SUBMIT A REPORT TO THE SUPERINTENDENT BY JULY FIRST,
TWO THOUSAND TWENTY-FOUR THAT SETS FORTH EMPLOYEE AND EMPLOYER CONTRIB-
UTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION
S. 8305--A 48 A. 8805--A
LAW FOR THE YEAR-ENDING TWO THOUSAND TWENTY-THREE, IN A FORMAT DETER-
MINED BY THE SUPERINTENDENT. BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
TY-FIVE, AND ANNUALLY THEREAFTER, A SELF-FUNDED EMPLOYER SHALL SUBMIT A
REPORT TO THE SUPERINTENDENT THAT SETS FORTH EMPLOYEE AND EMPLOYER
CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPEN-
SATION LAW FOR THE PRIOR CALENDAR YEAR, IN A FORMAT DETERMINED BY THE
SUPERINTENDENT.
(C) THE SUPERINTENDENT MAY DELAY THE INCREASES IN THE DISABILITY BENE-
FIT LEVEL PROVIDED IN SUBPARAGRAPHS (II), (III), (IV), AND (V) OF PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS'
COMPENSATION LAW BY ONE OR MORE CALENDAR YEARS IF THE SUPERINTENDENT
DETERMINES IT IS IN THE BEST INTEREST OF THE PEOPLE OF THIS STATE. IN
DETERMINING WHETHER TO DELAY THE INCREASE IN THE DISABILITY BENEFIT FOR
ANY YEAR, THE SUPERINTENDENT SHALL CONSIDER: (I) THE CURRENT COST TO
EMPLOYEES AND EMPLOYERS OF THE BENEFIT AND ANY EXPECTED CHANGE IN THE
COST AFTER THE BENEFIT INCREASE; (II) THE CURRENT NUMBER OF INSURERS
ISSUING INSURANCE POLICIES WITH A DISABILITY BENEFIT AND ANY EXPECTED
CHANGE IN THE NUMBER OF INSURERS ISSUING SUCH POLICIES AFTER THE BENEFIT
INCREASE; (III) THE IMPACT OF THE BENEFIT INCREASE ON EMPLOYERS' BUSI-
NESSES AND THE OVERALL STABILITY OF THE PROGRAM TO THE EXTENT THAT
INFORMATION IS READILY AVAILABLE; (IV) THE IMPACT OF THE BENEFIT
INCREASE ON THE FINANCIAL STABILITY OF THE DISABILITY AND FAMILY LEAVE
INSURANCE MARKET AND INSURERS; AND (V) ANY ADDITIONAL FACTORS THAT THE
SUPERINTENDENT DEEMS RELEVANT. IF THE SUPERINTENDENT DELAYS THE
INCREASE IN THE DISABILITY BENEFIT LEVEL FOR ONE OR MORE CALENDAR YEARS,
THE DISABILITY BENEFIT LEVEL THAT SHALL TAKE EFFECT IMMEDIATELY FOLLOW-
ING THE DELAY SHALL BE THE SAME BENEFIT LEVEL THAT WOULD HAVE TAKEN
EFFECT BUT FOR THE DELAY.
§ 15. Section 2605 of the insurance law is amended to read as follows:
§ 2605. Penalty for violating workers' compensation law. The super-
intendent may impose a penalty not to exceed twenty-five hundred dollars
PER VIOLATION upon any insurer required to be licensed under the
provisions of this chapter, if, after notice to and a hearing of such
insurer, [he] THE SUPERINTENDENT finds it has unreasonably failed to
comply with the workers' compensation law.
§ 16. This act shall take effect immediately and shall apply to all
policies issued, renewed, modified, altered, or amended on or after
January 1, 2025.
PART O
Section 1. This act shall be known and may be cited as the "Stop
Addictive Feeds Exploitation (SAFE) for Kids act".
§ 2. The general business law is amended by adding a new article 45 to
read as follows:
ARTICLE 45
SAFE FOR KIDS ACT
SECTION 1500. DEFINITIONS.
1501. PROHIBITION OF ADDICTIVE FEEDS.
1502. TIME CONTROLS.
1503. AGE FLAGS.
1504. NONDISCRIMINATION.
1505. RULEMAKING AUTHORITY.
1506. SCOPE.
1507. REMEDIES.
S. 8305--A 49 A. 8805--A
§ 1500. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADDICTIVE FEED" SHALL MEAN A WEBSITE, ONLINE SERVICE, ONLINE
APPLICATION, OR MOBILE APPLICATION, OR A PORTION THEREOF, IN WHICH
MULTIPLE PIECES OF MEDIA GENERATED OR SHARED BY USERS OF A WEBSITE,
ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION, EITHER
CONCURRENTLY OR SEQUENTIALLY, ARE RECOMMENDED, SELECTED, OR PRIORITIZED
FOR DISPLAY TO A USER BASED, IN WHOLE OR IN PART, ON INFORMATION ASSOCI-
ATED WITH THE USER OR THE USER'S DEVICE, UNLESS ANY OF THE FOLLOWING
CONDITIONS ARE MET, ALONE OR IN COMBINATION WITH ONE ANOTHER:
(A) THE INFORMATION IS NOT PERSISTENTLY ASSOCIATED WITH THE USER OR
USER'S DEVICE, AND DOES NOT CONCERN THE USER'S PREVIOUS INTERACTIONS
WITH MEDIA GENERATED OR SHARED BY OTHERS;
(B) THE INFORMATION IS USER-SELECTED PRIVACY OR ACCESSIBILITY
SETTINGS, TECHNICAL INFORMATION CONCERNING THE USER'S DEVICE, OR DEVICE
COMMUNICATIONS OR SIGNALS CONCERNING WHETHER THE USER IS A MINOR;
(C) THE USER EXPRESSLY AND UNAMBIGUOUSLY REQUESTED THE SPECIFIC MEDIA
OR MEDIA BY THE AUTHOR, CREATOR, OR POSTER OF THE MEDIA, PROVIDED THAT
THE MEDIA IS NOT RECOMMENDED, SELECTED, OR PRIORITIZED FOR DISPLAY
BASED, IN WHOLE OR IN PART, ON OTHER INFORMATION ASSOCIATED WITH THE
USER OR THE USER'S DEVICE THAT IS NOT OTHERWISE PERMISSIBLE UNDER THIS
SUBDIVISION;
(D) THE MEDIA ARE DIRECT, PRIVATE COMMUNICATIONS; OR
(E) THE MEDIA RECOMMENDED, SELECTED, OR PRIORITIZED FOR DISPLAY IS
EXCLUSIVELY THE NEXT MEDIA IN A PRE-EXISTING SEQUENCE FROM THE SAME
AUTHOR, CREATOR, POSTER, OR SOURCE.
2. "ADDICTIVE SOCIAL MEDIA PLATFORM" SHALL MEAN A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION, THAT OFFERS OR
PROVIDES USERS AN ADDICTIVE FEED THAT IS NOT INCIDENTAL TO THE PROVISION
OF SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICA-
TION.
3. "COVERED MINOR" SHALL MEAN A USER OF A WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK WHEN THE OPERATOR
HAS ACTUAL KNOWLEDGE THE USER IS A MINOR.
4. "COVERED USER" SHALL MEAN A USER OF A WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK.
5. "MEDIA" SHALL MEAN TEXT, AN IMAGE, OR A VIDEO.
6. "MINOR" SHALL MEAN AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN.
7. "OPERATOR" SHALL MEAN ANY PERSON WHO OPERATES OR PROVIDES A WEBSITE
ON THE INTERNET, AN ONLINE SERVICE, AN ONLINE APPLICATION, OR A MOBILE
APPLICATION.
8. "PARENT" SHALL MEAN PARENT OR LEGAL GUARDIAN.
9. "USER" SHALL MEAN A PERSON NOT ACTING AS AN AGENT OF AN OPERATOR.
§ 1501. PROHIBITION OF ADDICTIVE FEEDS. 1. IT SHALL BE UNLAWFUL FOR
THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO PROVIDE AN ADDIC-
TIVE FEED TO A COVERED USER UNLESS:
(A) THE OPERATOR HAS USED COMMERCIALLY REASONABLE METHODS TO DETERMINE
THAT THE COVERED USER IS NOT A COVERED MINOR; OR
(B) THE OPERATOR HAS OBTAINED VERIFIABLE PARENTAL CONSENT TO PROVIDE
AN ADDICTIVE FEED TO THE COVERED USER.
2. INFORMATION COLLECTED FOR THE PURPOSE OF DETERMINING A COVERED
USER'S AGE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL
NOT BE USED FOR ANY PURPOSE OTHER THAN AGE DETERMINATION.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE OPERA-
TOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO GIVE A PARENT WHO GRANTS
S. 8305--A 50 A. 8805--A
VERIFIABLE PARENTAL CONSENT ANY ADDITIONAL OR SPECIAL ACCESS TO OR
CONTROL OVER THE DATA OR ACCOUNTS OF THEIR CHILD.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PREVENTING ANY ACTION
TAKEN IN GOOD FAITH TO RESTRICT ACCESS TO OR AVAILABILITY OF MEDIA THAT
THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM CONSIDERS TO BE
OBSCENE, LEWD, LASCIVIOUS, FILTHY, EXCESSIVELY VIOLENT, HARASSING, OR
OTHERWISE OBJECTIONABLE, WHETHER OR NOT SUCH MATERIAL IS CONSTITU-
TIONALLY PROTECTED.
§ 1502. TIME CONTROLS. 1. IT SHALL BE UNLAWFUL FOR THE OPERATOR OF AN
ADDICTIVE SOCIAL MEDIA PLATFORM TO, BETWEEN THE HOURS OF 12 AM EASTERN
AND 6 AM EASTERN, SEND NOTIFICATIONS CONCERNING AN ADDICTIVE SOCIAL
MEDIA PLATFORM TO A COVERED MINOR UNLESS THE OPERATOR HAS OBTAINED VERI-
FIABLE PARENTAL CONSENT TO SEND SUCH NIGHTTIME NOTIFICATIONS.
2. THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM SHALL PROVIDE A
MECHANISM THROUGH WHICH THE VERIFIED PARENT OF A COVERED MINOR MAY:
(A) PREVENT THEIR CHILD FROM ACCESSING THE ADDICTIVE SOCIAL MEDIA
PLATFORM BETWEEN THE HOURS OF 12 AM EASTERN AND 6 AM EASTERN; AND
(B) LIMIT THEIR CHILD'S ACCESS TO THE ADDICTIVE SOCIAL MEDIA PLATFORM
TO A LENGTH OF TIME PER DAY SPECIFIED BY THE VERIFIED PARENT.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE OPERA-
TOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO GIVE A PARENT ANY ADDI-
TIONAL OR SPECIAL ACCESS TO OR CONTROL OVER THE DATA OR ACCOUNTS OF
THEIR CHILD.
§ 1503. AGE FLAGS. FOR THE PURPOSES OF THIS ARTICLE, THE OPERATOR OF
AN ADDICTIVE SOCIAL MEDIAL PLATFORM SHALL TREAT A USER AS A MINOR IF THE
USER'S DEVICE COMMUNICATES OR SIGNALS THAT THE USER IS OR SHALL BE
TREATED AS A MINOR, INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY
SETTING, DEVICE SETTING, OR OTHER MECHANISM.
§ 1504. NONDISCRIMINATION. AN OPERATOR OF AN ADDICTIVE SOCIAL MEDIA
PLATFORM SHALL NOT WITHHOLD, DEGRADE, LOWER THE QUALITY, OR INCREASE THE
PRICE OF ANY PRODUCT, SERVICE, OR FEATURE, OTHER THAN AS REQUIRED BY
THIS ARTICLE, TO A COVERED USER DUE TO THE OPERATOR NOT BEING PERMITTED
TO PROVIDE AN ADDICTIVE FEED TO SUCH COVERED USER UNDER SUBDIVISION ONE
OF SECTION FIFTEEN HUNDRED ONE OF THIS ARTICLE OR NOT BEING PERMITTED TO
PROVIDE SUCH COVERED USER ACCESS TO OR SEND NOTIFICATIONS CONCERNING AN
ADDICTIVE SOCIAL MEDIA PLATFORM BETWEEN THE HOURS OF 12 AM EASTERN AND 6
AM EASTERN UNDER SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE.
§ 1505. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE THE
PROVISIONS OF THIS ARTICLE.
§ 1506. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
WHOLE OR IN PART IN NEW YORK. FOR PURPOSES OF THIS ARTICLE, CONDUCT
TAKES PLACE WHOLLY OUTSIDE OF NEW YORK IF THE ADDICTIVE SOCIAL MEDIA
PLATFORM IS ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW
YORK.
2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT TO 15 U.S.C. §
6501 THAT IS INCONSISTENT WITH THE TREATMENT OF SUCH ACTIVITIES OR
ACTIONS UNDER 15 U.S.C. § 6502.
§ 1507. REMEDIES. 1. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL,
EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN OR OUTSIDE
THE STATE, HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
PRACTICES STATED TO BE UNLAWFUL IN THIS ARTICLE, THE ATTORNEY GENERAL
MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF
THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS
ARTICLE, TO OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED
S. 8305--A 51 A. 8805--A
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF
ANY PROFITS OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
VIOLATION, INCLUDING BUT NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY
OBTAINED DATA AND ALGORITHMS TRAINED ON SUCH DATA, TO OBTAIN DAMAGES
CAUSED DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL
PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN
ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUD-
ING PRELIMINARY RELIEF.
2. ANY COVERED USER, OR THE PARENT OF A COVERED MINOR MAY BRING AN
ACTION FOR A VIOLATION OF SECTION FIFTEEN HUNDRED ONE OR SECTION FIFTEEN
HUNDRED TWO OF THIS ARTICLE, TO OBTAIN:
(A) DAMAGES OF UP TO FIVE THOUSAND DOLLARS PER COVERED USER PER INCI-
DENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
(B) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
(C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
3. ACTIONS BROUGHT PURSUANT TO THIS SECTION MAY BE BROUGHT ON A CLASS-
WIDE BASIS.
4. THE COURT SHALL AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING
PLAINTIFF.
5. PRIOR TO BRINGING ANY ACTION FOR A VIOLATION OF SECTION FIFTEEN
HUNDRED ONE OR FIFTEEN HUNDRED TWO OF THIS ARTICLE, A COVERED USER SHALL
PROVIDE THE BUSINESS THIRTY DAYS' WRITTEN NOTICE IDENTIFYING THE SPECIF-
IC PROVISIONS OF THIS ARTICLE THE COVERED USER ALLEGES HAVE BEEN OR ARE
BEING VIOLATED. IN THE EVENT A CURE IS POSSIBLE, IF WITHIN THE THIRTY
DAYS THE BUSINESS CURES THE NOTICED VIOLATION AND PROVIDES THE COVERED
USER AN EXPRESS WRITTEN STATEMENT THAT THE VIOLATIONS HAVE BEEN CURED
AND THAT NO FURTHER VIOLATIONS SHALL OCCUR, NO ACTION FOR INDIVIDUAL
STATUTORY DAMAGES OR CLASS-WIDE STATUTORY DAMAGES MAY BE INITIATED
AGAINST THE BUSINESS. NO NOTICE SHALL BE REQUIRED PRIOR TO AN INDIVIDUAL
CONSUMER INITIATING AN ACTION SOLELY FOR ACTUAL PECUNIARY DAMAGES
SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF THIS ARTICLE. IF A
BUSINESS CONTINUES TO VIOLATE THIS ARTICLE IN BREACH OF AN EXPRESS WRIT-
TEN STATEMENT PROVIDED TO THE COVERED USER PURSUANT TO THIS SECTION, THE
COVERED USER MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE
WRITTEN STATEMENT AND MAY PURSUE STATUTORY DAMAGES FOR EACH BREACH OF
THE EXPRESS WRITTEN STATEMENT, AS WELL AS ANY OTHER VIOLATION OF THE
ARTICLE THAT POSTDATES THE WRITTEN STATEMENT.
§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect on the one hundred eightieth day after
the office of the attorney general shall promulgate rules and regu-
lations necessary to effectuate the provisions of this act; provided
that the office of the attorney general shall notify the legislative
bill drafting commission upon the occurrence of the enactment of the
rules and regulations necessary to effectuate and enforce the
provisions of section two of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
S. 8305--A 52 A. 8805--A
public officers law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART P
Section 1. The general business law is amended by adding a new article
39-FF to read as follows:
ARTICLE 39-FF
NEW YORK CHILD DATA PROTECTION ACT
SECTION 899-EE. DEFINITIONS.
899-FF. PRIVACY PROTECTION BY DEFAULT.
899-GG. THIRD PARTIES.
899-HH. ONGOING SAFEGUARDS.
899-II. RESPECTING USER-PROVIDED AGE FLAGS.
899-JJ. PROTECTIONS FOR THIRD-PARTY OPERATORS.
899-KK. RULEMAKING AUTHORITY.
899-LL. SCOPE.
899-MM. REMEDIES.
§ 899-EE. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "COVERED USER" SHALL MEAN A USER OF A WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR PORTION
THEREOF, IN THE STATE OF NEW YORK WHO IS:
(A) ACTUALLY KNOWN BY THE OPERATOR OF SUCH WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE TO BE A
MINOR; OR
(B) A USER OF A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE
APPLICATION, OR CONNECTED DEVICE PRIMARILY DIRECTED TO MINORS.
2. "MINOR" SHALL MEAN A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
3. "OPERATOR" SHALL MEAN ANY PERSON:
(A) WHO OPERATES OR PROVIDES A WEBSITE ON THE INTERNET, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE;
AND
(B) WHO:
(I) COLLECTS OR MAINTAINS, EITHER DIRECTLY OR THROUGH ANOTHER PERSON,
PERSONAL DATA FROM OR ABOUT THE USERS OF SUCH WEBSITE, SERVICE, APPLICA-
TION, OR CONNECTED DEVICE;
(II) INTEGRATES WITH ANOTHER WEBSITE, SERVICE, APPLICATION, OR
CONNECTED DEVICE AND DIRECTLY COLLECTS PERSONAL DATA FROM THE USERS OF
SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE;
(III) ALLOWS ANOTHER PERSON TO COLLECT PERSONAL DATA DIRECTLY FROM
USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE; OR
(IV) ALLOWS USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED
DEVICE TO PUBLICLY DISCLOSE PERSONAL DATA.
4. "PERSONAL DATA" SHALL MEAN ANY DATA THAT IDENTIFIES OR COULD
REASONABLY BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL
PERSON OR DEVICE.
5. "PROCESS" OR "PROCESSING" SHALL MEAN AN OPERATION OR SET OF OPER-
ATIONS PERFORMED ON PERSONAL DATA, INCLUDING BUT NOT LIMITED TO THE
COLLECTION, USE, ACCESS, SHARING, SALE, MONETIZATION, ANALYSIS,
RETENTION, CREATION, GENERATION, DERIVATION, RECORDING, ORGANIZATION,
STRUCTURING, STORAGE, DISCLOSURE, TRANSMISSION, DISPOSAL, LICENSING,
DESTRUCTION, DELETION, MODIFICATION, OR DEIDENTIFICATION OF PERSONAL
DATA.
S. 8305--A 53 A. 8805--A
6. "PRIMARILY DIRECTED TO MINORS" SHALL MEAN A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
A PORTION THEREOF, THAT IS TARGETED TO MINORS. A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
PORTION THEREOF, SHALL NOT BE DEEMED DIRECTED PRIMARILY TO MINORS SOLELY
BECAUSE SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLI-
CATION, OR CONNECTED DEVICE, OR PORTION THEREOF REFERS OR LINKS TO ANY
OTHER WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
OR CONNECTED DEVICE DIRECTED TO MINORS BY USING INFORMATION LOCATION
TOOLS, INCLUDING A DIRECTORY, INDEX, REFERENCE, POINTER, OR HYPERTEXT
LINK. A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
OR CONNECTED DEVICE, OR PORTION THEREOF, SHALL BE DEEMED DIRECTED TO
MINORS WHEN IT HAS ACTUAL KNOWLEDGE THAT IT IS COLLECTING PERSONAL DATA
OF USERS DIRECTLY FROM USERS OF ANOTHER WEBSITE, ONLINE SERVICE, ONLINE
APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE PRIMARILY DIRECTED
TO MINORS.
7. "SELL" SHALL MEAN TO SHARE PERSONAL DATA FOR MONETARY OR OTHER
VALUABLE CONSIDERATION. "SELLING" SHALL NOT INCLUDE THE SHARING OF
PERSONAL DATA FOR MONETARY OR OTHER VALUABLE CONSIDERATION TO ANOTHER
PERSON AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION, BANKRUPTCY, OR
OTHER TRANSACTION IN WHICH THAT PERSON ASSUMES CONTROL OF ALL OR PART OF
THE OPERATOR'S ASSETS.
8. "THIRD PARTY" SHALL MEAN ANY PERSON WHO IS NOT ANY OF THE FOLLOW-
ING:
(A) THE OPERATOR WITH WHOM THE USER INTENTIONALLY INTERACTS AND WHO
COLLECTS PERSONAL DATA FROM THE USER AS PART OF THE USER'S CURRENT
INTERACTION WITH THE OPERATOR;
(B) THE USER WHOSE PERSONAL DATA THE OPERATOR PROCESSES; OR
(C) THE PARENT OR LEGAL GUARDIAN OF A USER UNDER THIRTEEN YEARS OLD
WHOSE PERSONAL DATA THE OPERATOR PROCESSES.
§ 899-FF. PRIVACY PROTECTION BY DEFAULT. 1. EXCEPT AS PROVIDED FOR IN
SUBDIVISION SIX OF THIS SECTION AND SECTION EIGHT HUNDRED NINETY-NINE-JJ
OF THIS ARTICLE, AN OPERATOR SHALL NOT PROCESS, OR ALLOW A THIRD PARTY
TO PROCESS, THE PERSONAL DATA OF A COVERED USER COLLECTED THROUGH THE
USE OF A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICA-
TION, OR CONNECTED DEVICE UNLESS AND TO THE EXTENT:
(A) THE COVERED USER IS TWELVE YEARS OF AGE OR YOUNGER AND PROCESSING
IS PERMITTED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS; OR
(B) THE COVERED USER IS THIRTEEN YEARS OF AGE OR OLDER AND PROCESSING
IS STRICTLY NECESSARY FOR AN ACTIVITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION, OR INFORMED CONSENT HAS BEEN OBTAINED AS SET FORTH IN
SUBDIVISION THREE OF THIS SECTION.
2. FOR THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, THE PROCESSING OF PERSONAL DATA OF A COVERED USER IS PERMISSI-
BLE WHERE IT IS STRICTLY NECESSARY FOR THE FOLLOWING ACTIVITIES:
(A) PROVIDING OR MAINTAINING A SPECIFIC PRODUCT OR SERVICE REQUESTED
BY THE COVERED USER;
(B) CONDUCTING THE OPERATOR'S INTERNAL BUSINESS OPERATIONS. FOR
PURPOSES OF THIS PARAGRAPH, SUCH INTERNAL BUSINESS OPERATIONS SHALL NOT
INCLUDE ANY ACTIVITIES RELATED TO MARKETING, ADVERTISING, OR PROVIDING
PRODUCTS OR SERVICES TO THIRD PARTIES, OR PROMPTING COVERED USERS TO USE
THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR
CONNECTED DEVICE WHEN IT IS NOT IN USE;
(C) IDENTIFYING AND REPAIRING TECHNICAL ERRORS THAT IMPAIR EXISTING OR
INTENDED FUNCTIONALITY;
(D) PROTECTING AGAINST MALICIOUS, FRAUDULENT, OR ILLEGAL ACTIVITY;
S. 8305--A 54 A. 8805--A
(E) INVESTIGATING, ESTABLISHING, EXERCISING, PREPARING FOR, OR DEFEND-
ING LEGAL CLAIMS;
(F) COMPLYING WITH FEDERAL, STATE, OR LOCAL LAWS, RULES, OR REGU-
LATIONS;
(G) COMPLYING WITH A CIVIL, CRIMINAL, OR REGULATORY INQUIRY, INVESTI-
GATION, SUBPOENA, OR SUMMONS BY FEDERAL, STATE, LOCAL, OR OTHER GOVERN-
MENTAL AUTHORITIES;
(H) DETECTING, RESPONDING TO, OR PREVENTING SECURITY INCIDENTS OR
THREATS; OR
(I) PROTECTING THE VITAL INTERESTS OF A NATURAL PERSON.
3. (A) FOR THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, TO PROCESS PERSONAL DATA OF A COVERED USER WHERE SUCH PROCESS-
ING IS NOT STRICTLY NECESSARY UNDER SUBDIVISION TWO OF THIS SECTION,
INFORMED CONSENT MUST BE OBTAINED FROM THE COVERED USER EITHER THROUGH A
DEVICE COMMUNICATION OR SIGNAL PURSUANT TO THE PROVISIONS OF SUBDIVISION
TWO OF SECTION EIGHT HUNDRED NINETY-NINE-II OF THIS ARTICLE OR THROUGH A
REQUEST. REQUESTS FOR SUCH INFORMED CONSENT SHALL:
(I) BE MADE SEPARATELY FROM ANY OTHER TRANSACTION OR PART OF A TRANS-
ACTION;
(II) BE MADE IN THE ABSENCE OF ANY MECHANISM THAT HAS THE PURPOSE OR
SUBSTANTIAL EFFECT OF OBSCURING, SUBVERTING, OR IMPAIRING A COVERED
USER'S DECISION-MAKING REGARDING AUTHORIZATION FOR THE PROCESSING;
(III) IF REQUESTING INFORMED CONSENT FOR MULTIPLE TYPES OF PROCESSING,
ALLOW THE COVERED USER TO PROVIDE OR WITHHOLD CONSENT SEPARATELY FOR
EACH TYPE OF PROCESSING;
(IV) CLEARLY AND CONSPICUOUSLY STATE THAT THE PROCESSING IS OPTIONAL,
AND THAT THE COVERED USER MAY DECLINE WITHOUT PREVENTING CONTINUED USE
OF THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
OR CONNECTED DEVICE; AND
(V) CLEARLY PRESENT AN OPTION TO REFUSE TO PROVIDE CONSENT AS THE MOST
PROMINENT OPTION.
(B) SUCH INFORMED CONSENT, ONCE GIVEN, SHALL BE FREELY REVOCABLE AT
ANY TIME, AND SHALL BE AT LEAST AS EASY TO REVOKE AS IT WAS TO PROVIDE.
(C) IF A COVERED USER DECLINES TO PROVIDE OR REVOKES INFORMED CONSENT
FOR PROCESSING, ANOTHER REQUEST MAY NOT BE MADE FOR SUCH PROCESSING FOR
THE FOLLOWING CALENDAR YEAR.
(D) IF A COVERED USER'S DEVICE COMMUNICATES OR SIGNALS THAT THE
COVERED USER DECLINES TO PROVIDE INFORMED CONSENT FOR PROCESSING PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED NINE-
TY-NINE-II OF THIS ARTICLE, AN OPERATOR SHALL NOT REQUEST INFORMED
CONSENT FOR SUCH PROCESSING.
4. EXCEPT WHERE PROCESSING IS STRICTLY NECESSARY TO PROVIDE A PRODUCT,
SERVICE, OR FEATURE, AN OPERATOR MAY NOT WITHHOLD, DEGRADE, LOWER THE
QUALITY, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR FEATURE TO A
COVERED USER DUE TO THE OPERATOR NOT OBTAINING VERIFIABLE PARENTAL
CONSENT UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS OR
INFORMED CONSENT UNDER SUBDIVISION THREE OF THIS SECTION.
5. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED NINETY-NINE-JJ OF
THIS ARTICLE, AN OPERATOR SHALL NOT PURCHASE OR SELL, OR ALLOW A THIRD
PARTY TO PURCHASE OR SELL, THE PERSONAL DATA OF A COVERED USER.
6. WITHIN FOURTEEN DAYS OF DETERMINING THAT A USER IS A COVERED USER,
AN OPERATOR SHALL:
(A) DISPOSE OF, DESTROY, OR DELETE ALL PERSONAL DATA OF SUCH COVERED
USER THAT IT MAINTAINS, UNLESS PROCESSING SUCH PERSONAL DATA IS PERMIT-
TED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS, IS STRICTLY
NECESSARY FOR AN ACTIVITY LISTED IN SUBDIVISION TWO OF THIS SECTION, OR
S. 8305--A 55 A. 8805--A
INFORMED CONSENT IS OBTAINED AS SET FORTH IN SUBDIVISION THREE OF THIS
SECTION; AND
(B) NOTIFY ANY THIRD PARTIES TO WHOM IT DISCLOSED THE PERSONAL DATA,
AND ANY THIRD PARTIES IT ALLOWED TO PROCESS THE PERSONAL DATA, THAT THE
USER IS A COVERED USER.
§ 899-GG. THIRD PARTIES. 1. EXCEPT AS PROVIDED FOR IN SECTION EIGHT
HUNDRED NINETY-NINE-JJ OF THIS ARTICLE, NO OPERATOR SHALL DISCLOSE THE
PERSONAL DATA OF A COVERED USER TO A THIRD PARTY, OR ALLOW THE PROCESS-
ING OF THE PERSONAL DATA OF A COVERED USER BY A THIRD PARTY, WITHOUT A
WRITTEN, BINDING AGREEMENT GOVERNING SUCH DISCLOSURE OR PROCESSING. SUCH
AGREEMENT SHALL CLEARLY SET FORTH INSTRUCTIONS FOR THE NATURE AND
PURPOSE OF THE THIRD-PARTY'S PROCESSING OF THE PERSONAL DATA,
INSTRUCTIONS FOR USING OR FURTHER DISCLOSING THE PERSONAL DATA, AND THE
RIGHTS AND OBLIGATIONS OF BOTH PARTIES.
2. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED NINETY-NINE-JJ OF
THIS ARTICLE, PRIOR TO DISCLOSING PERSONAL DATA TO A THIRD PARTY, THE
OPERATOR SHALL INFORM THE THIRD PARTY IF SUCH DATA IS THE PERSONAL DATA
OF A COVERED USER.
3. AN AGREEMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
REQUIRE THAT THE THIRD PARTY:
(A) PROCESS THE PERSONAL DATA OF COVERED USERS ONLY WHEN AND TO THE
EXTENT STRICTLY NECESSARY FOR AN ACTIVITY LISTED PURSUANT TO SUBDIVISION
TWO OF SECTION EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, OR WHERE
INFORMED CONSENT WAS OBTAINED PURSUANT TO SUBDIVISION THREE OF SECTION
EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE;
(B) DELETE OR RETURN TO THE OPERATOR ALL PERSONAL DATA OF COVERED
USERS AT THE END OF ITS PROVISION OF SERVICES, UNLESS RETENTION OF THE
PERSONAL DATA IS REQUIRED BY LAW;
(C) UPON REASONABLE REQUEST OF THE OPERATOR, MAKE AVAILABLE TO THE
OPERATOR ALL DATA IN ITS POSSESSION NECESSARY TO DEMONSTRATE THE THIRD-
PARTY'S COMPLIANCE WITH THE OBLIGATIONS IN THIS SECTION;
(D) ALLOW, AND COOPERATE WITH, REASONABLE ASSESSMENTS BY THE OPERATOR
OR THE OPERATOR'S DESIGNATED ASSESSOR FOR PURPOSES OF EVALUATING COMPLI-
ANCE WITH THE OBLIGATIONS OF THIS ARTICLE. ALTERNATIVELY, THE THIRD
PARTY MAY ARRANGE FOR A QUALIFIED AND INDEPENDENT ASSESSOR TO CONDUCT AN
ASSESSMENT OF THE THIRD-PARTY'S POLICIES AND TECHNICAL AND ORGANIZA-
TIONAL MEASURES IN SUPPORT OF THE OBLIGATIONS UNDER THIS ARTICLE USING
AN APPROPRIATE AND ACCEPTED CONTROL STANDARD OR FRAMEWORK AND ASSESSMENT
PROCEDURE FOR SUCH ASSESSMENTS. THE THIRD PARTY SHALL PROVIDE A REPORT
OF SUCH ASSESSMENT TO THE OPERATOR UPON REQUEST; AND
(E) NOTIFY THE OPERATOR A REASONABLE TIME IN ADVANCE BEFORE DISCLOSING
OR TRANSFERRING THE PERSONAL DATA OF COVERED USERS TO ANY FURTHER THIRD
PARTIES, WHICH MAY BE IN THE FORM OF A REGULARLY UPDATED LIST OF FURTHER
THIRD PARTIES THAT MAY ACCESS PERSONAL DATA OF COVERED USERS.
§ 899-HH. ONGOING SAFEGUARDS. UPON LEARNING THAT A USER IS NO LONGER A
COVERED USER, AN OPERATOR MAY NOT PROCESS THE PERSONAL DATA OF SUCH
PERSON IN A MANNER NOT PREVIOUSLY PERMITTED UNLESS AND UNTIL IT RECEIVES
INFORMED CONSENT PURSUANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED
NINETY-NINE-FF OF THIS ARTICLE.
§ 899-II. RESPECTING USER-PROVIDED AGE FLAGS. 1. FOR THE PURPOSES OF
THIS ARTICLE, AN OPERATOR SHALL TREAT A USER AS A COVERED USER IF THE
USER'S DEVICE COMMUNICATES OR SIGNALS THAT THE USER IS OR SHALL BE
TREATED AS A MINOR, INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY
SETTING, DEVICE SETTING, OR OTHER MECHANISM.
2. FOR THE PURPOSES OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED
NINETY-NINE-FF OF THIS ARTICLE, AN OPERATOR SHALL ADHERE TO ANY CLEAR
S. 8305--A 56 A. 8805--A
AND UNAMBIGUOUS COMMUNICATIONS OR SIGNALS FROM A COVERED USER'S DEVICE,
INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY SETTING, DEVICE SETTING,
OR OTHER MECHANISM, CONCERNING PROCESSING THAT THE COVERED USER CONSENTS
TO OR DECLINES TO CONSENT TO. AN OPERATOR SHALL NOT ADHERE TO UNCLEAR OR
AMBIGUOUS COMMUNICATIONS OR SIGNALS FROM A COVERED USER'S DEVICE, AND
SHALL INSTEAD REQUEST INFORMED CONSENT PURSUANT TO THE PROVISIONS OF
PARAGRAPH A OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED NINETY-NINE-FF
OF THIS ARTICLE.
§ 899-JJ. PROTECTIONS FOR THIRD-PARTY OPERATORS. SECTIONS EIGHT
HUNDRED NINETY-NINE-FF AND EIGHT HUNDRED NINETY-NINE-GG OF THIS ARTICLE
SHALL NOT APPLY TO AN OPERATOR PROCESSING THE PERSONAL DATA OF A COVERED
USER OF ANOTHER WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE
APPLICATION, OR CONNECTED DEVICE, OR PORTION THEREOF, WHERE THE OPERATOR
RECEIVED REASONABLE WRITTEN REPRESENTATIONS THAT THE COVERED USER
PROVIDED INFORMED CONSENT FOR SUCH PROCESSING, OR:
1. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE COVERED USER
IS A MINOR; AND
2. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE OTHER WEBSITE,
ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED
DEVICE, OR PORTION THEREOF, IS PRIMARILY DIRECTED TO MINORS.
§ 899-KK. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE
SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
THE PROVISIONS OF THIS ARTICLE.
§ 899-LL. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
WHOLE OR IN PART IN THE STATE OF NEW YORK. FOR PURPOSES OF THIS ARTICLE,
COMMERCIAL CONDUCT TAKES PLACE WHOLLY OUTSIDE OF THE STATE OF NEW YORK
IF THE BUSINESS COLLECTED SUCH INFORMATION WHILE THE COVERED USER WAS
OUTSIDE OF THE STATE OF NEW YORK, NO PART OF THE USE OF THE COVERED
USER'S PERSONAL DATA OCCURRED IN THE STATE OF NEW YORK, AND NO PERSONAL
DATA COLLECTED WHILE THE COVERED USER WAS IN THE STATE OF NEW YORK IS
USED.
2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN OPERATOR
FROM STORING A COVERED USER'S PERSONAL DATA THAT WAS COLLECTED PURSUANT
TO SECTION EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE WHEN SUCH
COVERED USER IS IN THE STATE.
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT TO 15 U.S.C. 6501
THAT IS INCONSISTENT WITH THE TREATMENT OF SUCH ACTIVITIES OR ACTIONS
UNDER 15 U.S.C. 6502.
§ 899-MM. REMEDIES. 1. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL,
EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN OR OUTSIDE
THE STATE, HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
PRACTICES STATED TO BE UNLAWFUL IN THIS ARTICLE, THE ATTORNEY GENERAL
MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF
THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS
ARTICLE, TO OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF
ANY PROFITS OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
VIOLATION, INCLUDING BUT NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY
OBTAINED DATA AND ALGORITHMS TRAINED ON SUCH DATA, TO OBTAIN DAMAGES
CAUSED DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL
PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN
ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUD-
ING PRELIMINARY RELIEF.
2. ANY COVERED USER WHO HAS BEEN INJURED BY A VIOLATION OF SECTION
EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, OR THE PARENT OR LEGAL
S. 8305--A 57 A. 8805--A
GUARDIAN OF A COVERED MINOR WHO HAS BEEN INJURED BY A VIOLATION OF
SECTION EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, MAY BRING AN
ACTION TO OBTAIN:
(A) DAMAGES OF UP TO FIVE THOUSAND DOLLARS PER COVERED USER PER INCI-
DENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
(B) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
(C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
3. ACTIONS PURSUANT TO THIS SECTION MAY BE BROUGHT ON A CLASS-WIDE
BASIS.
4. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING
PLAINTIFF.
5. PRIOR TO BRINGING ANY ACTION FOR VIOLATIONS OF THIS ARTICLE PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION, A COVERED USER SHALL PROVIDE THE
OPERATOR THIRTY DAYS' WRITTEN NOTICE IDENTIFYING THE SPECIFIC PROVISIONS
OF THIS ARTICLE THE COVERED USER ALLEGES HAVE BEEN OR ARE BEING
VIOLATED. IN THE EVENT A CURE IS POSSIBLE, IF WITHIN THE THIRTY DAYS THE
OPERATOR ACTUALLY CURES THE NOTICED VIOLATION AND PROVIDES THE COVERED
USER AN EXPRESS WRITTEN STATEMENT THAT THE VIOLATIONS HAVE BEEN CURED
AND THAT NO FURTHER VIOLATIONS SHALL OCCUR, NO ACTION FOR INDIVIDUAL
STATUTORY DAMAGES OR CLASS-WIDE STATUTORY DAMAGES MAY BE INITIATED
AGAINST THE OPERATOR. NO NOTICE SHALL BE REQUIRED PRIOR TO AN INDIVIDUAL
CONSUMER INITIATING AN ACTION SOLELY FOR ACTUAL PECUNIARY DAMAGES
SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF THIS TITLE. IF A BUSI-
NESS CONTINUES TO VIOLATE THIS ARTICLE IN BREACH OF THE EXPRESS WRITTEN
STATEMENT PROVIDED TO THE COVERED USER UNDER THIS SECTION, THE COVERED
USER MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE WRITTEN
STATEMENT AND MAY PURSUE STATUTORY DAMAGES FOR EACH BREACH OF THE
EXPRESS WRITTEN STATEMENT, AS WELL AS ANY OTHER VIOLATION OF THE ARTICLE
THAT POSTDATES SUCH WRITTEN STATEMENT.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART Q
Section 1. Subdivision 2 of section 200 of the state finance law, as
added by chapter 78 of the laws of 1982, is amended to read as follows:
2. Notwithstanding the provisions of subdivision one of this section,
where the state and an employee organization representing state officers
and employees who are in positions which are in collective negotiating
units established pursuant to article fourteen of the civil service law
enter into an agreement providing for an alternative procedure for the
payment of salaries to such employees or where the director of employee
relations shall authorize an alternative procedure for the payment of
salaries to state officers or employees in the executive branch who are
S. 8305--A 58 A. 8805--A
in positions which are not in collective negotiating units, such alter-
native procedure shall be implemented in lieu of the procedure specified
in subdivision one of this section. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, WHERE THE STATE AND AN EMPLOYEE ORGANIZATION
REPRESENTING OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN
POSITIONS WHICH ARE IN COLLECTIVE NEGOTIATING UNITS ESTABLISHED PURSUANT
TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW ENTER INTO AN AGREEMENT, OR
WHERE THE DIRECTOR OF EMPLOYEE RELATIONS SHALL AUTHORIZE FOR OFFICERS
AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE NOT
IN COLLECTIVE NEGOTIATING UNITS, THE ALTERNATE PROCEDURE SPECIFIED
HEREIN SHALL BE TERMINATED FOR OFFICERS AND EMPLOYEES HIRED ON OR AFTER
JULY FIRST, TWO THOUSAND TWENTY-FOUR. THE ALTERNATE PROCEDURE SPECIFIED
HEREIN SHALL ALSO BE TERMINATED FOR: (I) NONJUDICIAL OFFICERS AND
EMPLOYEES OF THE UNIFIED COURT SYSTEM HIRED ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-FOUR, IF THE CHIEF ADMINISTRATOR OF THE COURTS SO
ELECTS; (II) EMPLOYEES OF THE SENATE HIRED ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-FOUR, IF THE TEMPORARY PRESIDENT OF THE SENATE SO
ELECTS; (III) EMPLOYEES OF THE ASSEMBLY HIRED ON OR AFTER JULY FIRST,
TWO THOUSAND TWENTY-FOUR, IF THE SPEAKER OF THE ASSEMBLY SO ELECTS; AND
(IV) EMPLOYEES OF JOINT LEGISLATIVE EMPLOYERS HIRED ON OR AFTER JULY
FIRST, TWO THOUSAND TWENTY-FOUR, IF THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY MUTUALLY SO ELECT FOR ALL SUCH
JOINT LEGISLATIVE EMPLOYERS. ANY ELECTION MADE PURSUANT TO PARAGRAPH
(I), (II), (III), OR (IV) OF THIS SUBDIVISION SHALL BE IN WRITING AND
FILED WITH THE STATE COMPTROLLER NOT LATER THAN THIRTY DAYS AFTER THE
ENACTMENT OF THIS LEGISLATION.
§ 2. Paragraph (c) of subdivision 2-a of section 200 of the state
finance law, as added by chapter 947 of the laws of 1990, is amended to
read as follows:
(c) For officers and employees hired after the effective date of this
act, the withholding of five days of salary shall be accomplished in the
same manner provided in paragraph (a) of this section provided, however,
such withholding shall be taken on the first five payment dates in which
such new employees would otherwise have received their salary. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE STATE AND
AN EMPLOYEE ORGANIZATION REPRESENTING OFFICERS AND EMPLOYEES IN THE
EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE IN COLLECTIVE NEGOTIAT-
ING UNITS ESTABLISHED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE
LAW ENTER INTO AN AGREEMENT, OR WHERE THE DIRECTOR OF EMPLOYEE RELATIONS
SHALL AUTHORIZE FOR OFFICERS OR EMPLOYEES IN THE EXECUTIVE BRANCH WHO
ARE IN POSITIONS WHICH ARE NOT IN COLLECTIVE NEGOTIATING UNITS, OFFICERS
AND EMPLOYEES HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,
SHALL NOT BE SUBJECT TO THE WITHHOLDING OF FIVE DAYS OF SALARY ON THEIR
FIRST FIVE PAYMENT DATES AS SPECIFIED HEREIN. SUCH WITHHOLDING SHALL NOT
BE TAKEN FOR: (I) NONJUDICIAL OFFICERS AND EMPLOYEES OF THE UNIFIED
COURT SYSTEM HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF
THE CHIEF ADMINISTRATOR OF THE COURTS SO ELECTS; (II) EMPLOYEES OF THE
SENATE HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE
TEMPORARY PRESIDENT OF THE SENATE SO ELECTS; (III) EMPLOYEES OF THE
ASSEMBLY HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE
SPEAKER OF THE ASSEMBLY SO ELECTS; AND (IV) EMPLOYEES OF JOINT LEGISLA-
TIVE EMPLOYERS HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,
IF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
MUTUALLY SO ELECT FOR ALL SUCH JOINT LEGISLATIVE EMPLOYERS. ANY
ELECTION MADE PURSUANT TO SUBPARAGRAPH (I), (II), (III), OR (IV) OF THIS
S. 8305--A 59 A. 8805--A
PARAGRAPH SHALL BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NOT
LATER THAN THIRTY DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
§ 3. Paragraph (a) of subdivision 2-b of section 200 of the state
finance law, as amended by chapter 171 of the laws of 1991, is amended
to read as follows:
(a) For nonjudicial officers and employees of the unified court
system: commencing with the earliest administratively feasible payroll
period (and corresponding payment date) subsequent to the date this
subdivision becomes a law, payment on the payment date of the five
payroll periods commencing thereon shall be for nine-tenths of that
amount paid each payroll period until a total of five-tenths of salary
for one payroll period that would be paid but for this provision has
been withheld. For nonjudicial officers and employees hired after the
date this subdivision becomes a law, the withholding of five days of
salary shall be accomplished in the same manner described above,
provided, however, such withholding shall be made on the first five
payment dates in which such new officers or employees would otherwise
have received their salary. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, SUCH WITHHOLDING SHALL NOT BE TAKEN FOR NONJUDICIAL
OFFICERS AND EMPLOYEES OF THE UNIFIED COURT SYSTEM HIRED ON OR AFTER
JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE CHIEF ADMINISTRATOR OF THE
COURTS SO ELECTS. ANY ELECTION MADE PURSUANT TO THIS SUBDIVISION SHALL
BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NOT LATER THAN THIRTY
DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
§ 4. This act shall take effect July 1, 2024.
PART R
Section 1. Subdivision (a) of section 5004 of the civil practice law
and rules, as amended by chapter 831 of the laws of 2021, is amended to
read as follows:
(a) [Interest shall be at the rate of nine per centum per annum,
except where otherwise provided by statute; provided] NOTWITHSTANDING
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 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. PROVIDED, HOWEVER, the annual rate of interest to be paid
in an action arising out of a consumer debt where a natural person is a
defendant shall be two per centum per annum (i) on a judgment or accrued
claim for judgments entered on or after the effective date of [the]
chapter EIGHT HUNDRED THIRTY-ONE of the laws of two thousand twenty-one
[which amended this section], and (ii) for interest upon a judgment
pursuant to section five thousand three of this article from the date of
the entry of judgment on any part of a judgment entered before the
effective date of [the] chapter EIGHT HUNDRED THIRTY-ONE of the laws of
two thousand twenty-one [which amended this section] that is unpaid as
of such effective date.
S. 8305--A 60 A. 8805--A
§ 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, 2024.
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-FIVE THERE
SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT
AMOUNT INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR TO
ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF ANY. Where
appropriate, such STANDARD MEDICARE PREMIUM amount may be deducted from
contributions payable by the employee or retired employee; or where
appropriate in the case of a retired employee receiving a retirement
allowance, such STANDARD MEDICARE PREMIUM amount may be included with
payments of his or her retirement allowance. All state employer, employ-
ee, 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 authorized by subdivi-
sion two of section one hundred sixty-three of this article, shall be
adjusted as necessary to cover the cost of reimbursing federal old-age,
survivors and disability insurance program premium charges under this
section. This cost shall be included in the calculation of premium or
subscription charges for health coverage provided to employees and
retired employees of the state, public authorities, public benefit
corporations or other quasi-public organizations of the state; provided,
however, the state, public authorities, public benefit corporations or
other quasi-public organizations of the state shall remain obligated to
pay no less than its share of such increased cost consistent with its
share of premium or subscription charges provided for by this article.
All other employer contributions to the health insurance fund shall be
adjusted as necessary to provide for such payments.
S. 8305--A 61 A. 8805--A
§ 2. This act shall take effect immediately and shall apply on January
1, 2024 for the income related monthly adjustment amount incurred on or
after January 1, 2024.
PART T
Section 1. Subdivision 2 of section 163 of the civil service law, as
amended by section 6 of part S of chapter 57 of the laws of 2023, is
amended to read as follows:
2. The contract or contracts shall provide for health benefits for
retired employees of the state and of the state colleges of agriculture,
home economics, industrial labor relations and veterinary medicine, the
state agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state university of
New York, and the state college of ceramics under the management and
control of Alfred university as the representative of the board of trus-
tees of the state university of New York, and their spouses and depend-
ent children as defined by the regulations of the president, on such
terms as the president may deem appropriate, and the president may
authorize the inclusion in the plan of the employees and retired employ-
ees of public authorities, public benefit corporations, school
districts, special districts, district corporations, municipal corpo-
rations excluding active employees and retired employees of cities
having a population of one million or more inhabitants whose compen-
sation is or was before retirement paid out of the city treasury, or
other appropriate agencies, subdivisions or quasi-public organizations
of the state, including active members of volunteer fire and volunteer
ambulance companies serving one or more municipal corporations pursuant
to subdivision seven of section ninety-two-a of the general municipal
law, and their spouses and dependent children as defined by the regu-
lations of the president. Notwithstanding any law or regulation to the
contrary, active members of volunteer ambulance companies serving one or
more municipal corporations pursuant to subdivision seven of section
ninety-two-a of the general municipal law shall be eligible for health
benefits regardless of the amount of funds derived from public sources.
Any such corporation, district, agency or organization electing to
participate in the plan shall be required to pay: (A) its proportionate
share of the expenses of administration of the plan in such amounts and
at such times as determined and fixed by the president; AND (B) AT THE
PRESIDENT'S DISCRETION, IF SUCH AMOUNT IS NOT PAID ON THE DATE DUE,
INTEREST FOR SUCH LATE PAYMENT, AS DETERMINED AND FIXED BY THE PRESIDENT
AND WHICH IN NO CASE SHALL BE GREATER THAN THE INTEREST INCURRED BY THE
HEALTH INSURANCE PLAN AS A RESULT OF SUCH LATE PAYMENT. FOR ANY AMOUNTS
PAST DUE AS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, INTEREST SHALL BE
CALCULATED ON SUCH AMOUNTS COMMENCING THIRTY DAYS AFTER THE EFFECTIVE
DATE OF THIS PARAGRAPH. All amounts payable for such expenses of admin-
istration shall be paid to the commissioner of taxation and finance and
shall be applied to the reimbursement of funds previously advanced for
such purposes. Neither the state nor any other participant in the plan
shall be charged with the particular experience attributable to the
employees of the participant, and all dividends or retroactive rate
credits shall be distributed pro-rata based upon the number of employees
of such participant covered by the plan.
S. 8305--A 62 A. 8805--A
§ 2. Subdivision 5 of section 163 of the civil service law, as amended
by section 4 of part T of chapter 56 of the laws of 2010, is amended to
read as follows:
5. The chief fiscal officer of any such participating employer shall
be authorized to deduct from the wages or salary paid to its employees
who are participants in such health benefit plan the sums required to be
paid by them under such plan. Each such participating employer is
authorized to appropriate such sums as are required to be paid by it as
its share in connection with the operation of such plan. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, TO THE EXTENT A PARTICIPATING EMPLOYER
FAILS TO PAY ITS SHARE IN CONNECTION WITH THE OPERATION OF SUCH PLAN,
THE DIRECTOR OF THE BUDGET, AT THEIR DISCRETION, IS AUTHORIZED TO INTER-
CEPT ANY FUNDS APPROPRIATED AND PAID BY THE STATE, AND DIRECT SUCH
AMOUNTS TO THE HEALTH INSURANCE FUND.
§ 3. This act shall take effect immediately.
PART U
Section 1. Section 239-bb of the general municipal law, as added by
section 1 of part EE of chapter 55 of the laws of 2018, subdivision 8 as
amended by chapter 717 of the laws of 2022, subdivisions 9 and 11 as
amended by chapter 294 of the laws of 2021, and subdivision 12 as added
by chapter 773 of the laws of 2023, is amended to read as follows:
§ 239-bb. County-wide shared services panels. 1. Definitions. The
following terms shall have the following meanings for the purposes of
this article:
a. "County" shall mean any county not wholly contained within a city.
b. "County CEO" shall mean the county executive, county manager or
other chief executive of the county, or, where none, the chair of the
county legislative body.
c. "Panel" shall mean a county-wide shared services panel established
pursuant to subdivision two of this section.
d. "Plan" shall mean a county-wide shared services property tax
savings plan.
2. County-wide shared services panels. a. There [shall] MAY be a coun-
ty-wide shared services panel in each county consisting of the county
CEO, and one representative from each city, town and village in the
county. The chief executive officer of each town, city and village shall
be the representative to a panel and shall be the mayor, if a city or a
village, or shall be the supervisor, if a town. The county CEO shall
serve as chair. [All panels established in each county pursuant to part
BBB of chapter fifty-nine of the laws of two thousand seventeen, and
prior to the enactment of this article, shall continue in satisfaction
of this section in such form as they were established, provided that the
county CEO may alter the membership of the panel consistent with para-
graph b of this subdivision.]
b. The county CEO may invite any school district, board of cooperative
educational services, fire district, fire protection district, or
special improvement district in the county to join a panel. Upon such
invitation, the governing body of such school district, board of cooper-
ative educational services, fire district, fire protection district, or
other special district may accept such invitation by selecting a repre-
sentative of such governing body, by majority vote, to serve as a member
of the panel. [Such school district, board of cooperative educational
services, fire district, fire protection district or other special
district shall maintain such representation until the panel either
S. 8305--A 63 A. 8805--A
approves a plan or transmits a statement to the secretary of state on
the reason the panel did not approve a plan, pursuant to paragraph d of
subdivision seven of this section. Upon approval of a plan or a trans-
mission of a statement to the secretary of state that a panel did not
approve a plan in any calendar year, the county CEO may, but need not,
invite any school district, board of cooperative educational services,
fire district, fire protection district or special improvement district
in the county to join a panel thereafter convened.]
3. [a.] Each county CEO [shall, after satisfying the requirements of
part BBB of chapter fifty-nine of the laws of two thousand seventeen,
annually] MAY convene the panel and [shall] undertake to revise and
update a previously approved plan or alternatively develop a new plan
[through December thirty-first, two thousand twenty-one]. Such plans
shall contain new, recurring property tax savings resulting from actions
such as, but not limited to, the elimination of duplicative services;
shared services arrangements including, joint purchasing, shared highway
equipment, shared storage facilities, shared plowing services and energy
and insurance purchasing cooperatives; reducing back office and adminis-
trative overhead; and better coordinating services. The secretary of
state may provide advice and/or recommendations on the form and struc-
ture of such plans.
[b. After having convened at least two meetings in a calendar year, a
panel may, by majority vote, determine that it is not in the best inter-
est of the taxpayers to revise and update a previously approved plan or
to develop a new plan in such year. The county CEO of such panel shall
then comply with the provisions of paragraph (d) of subdivision seven of
this section.
4. While revising or updating a previously approved plan, or while
developing a new plan, the county CEO shall regularly consult with, and
take recommendations from, the representatives: on the panel; of each
collective bargaining unit of the county and the cities, towns, and
villages; and of each collective bargaining unit of any participating
school district, board of cooperative educational services, fire
district, fire protection district, or special improvement district.
5. The county CEO, the county legislative body and a panel shall
accept input from the public, civic, business, labor and community lead-
ers on any proposed plan. The county CEO shall cause to be conducted a
minimum of three public hearings prior to submission of a plan to a vote
of a panel. All such public hearings shall be conducted within the coun-
ty, and public notice of all such hearings shall be provided at least
one week prior in the manner prescribed in subdivision one of section
one hundred four of the public officers law. Civic, business, labor, and
community leaders, as well as members of the public, shall be permitted
to provide public testimony at any such hearings.
6. a. The county CEO shall submit each plan, accompanied by a certif-
ication as to the accuracy of the savings contained therein, to the
county legislative body at least forty-five days prior to a vote by the
panel.
b. The county legislative body shall review and consider each plan
submitted in accordance with paragraph a of this subdivision. A majority
of the members of such body may issue an advisory report on each plan,
making recommendations as deemed necessary. The county CEO may modify a
plan based on such recommendations, which shall include an updated
certification as to the accuracy of the savings contained therein.
7. a. A panel shall duly consider any plan properly submitted to the
panel by the county CEO and may approve such plan by a majority vote of
S. 8305--A 64 A. 8805--A
the panel. Each member of a panel may, prior to the panel-wide vote,
cause to be removed from a plan any proposed action affecting the unit
of government represented by the respective member. Written notice of
such removal shall be provided to the county CEO prior to a panel-wide
vote on a plan.
b. Plans approved by a panel shall be transmitted to the secretary of
state no later than thirty days from the date of approval by a panel
accompanied by a certification as to the accuracy of the savings accom-
panied therein, and shall be publicly disseminated to residents of the
county in a concise, clear, and coherent manner using words with common
and everyday meaning.
c. The county CEO shall conduct a public presentation of any approved
plan no later than thirty days from the date of approval by a panel.
Public notice of such presentation shall be provided at least one week
prior in the manner prescribed in subdivision one of section one hundred
four of the public officers law.
d. Beginning in two thousand twenty, by January fifteenth following
any calendar year during which a panel did not approve a plan and trans-
mit such plan to the secretary of state pursuant to paragraph b of this
subdivision, the county CEO of such panel shall release to the public
and transmit to the secretary of state a statement explaining why the
panel did not approve a plan that year, including, for each vote on a
plan, the vote taken by each panel member and an explanation by each
panel member of their vote.
8. For each county, new shared services actions in 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 matching 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 during either: (i) January first through December thir-
ty-first from new actions implemented on or after January first through
December thirty-first of the year immediately following an approved and
transmitted plan, or (ii) July first of the year immediately following
an approved and transmitted plan through June thirtieth of the subse-
quent year from new actions implemented July first of the year imme-
diately following an approved plan through June thirtieth of the subse-
quent 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 imple-
mented as part of an approved plan must collectively apply for the
matching funding and agree on the distribution and use of any matching
funding in order to qualify for matching funding.
9. The department of state shall prepare a report to the governor, the
temporary president of the senate and the speaker of the assembly on the
county-wide shared services plans approved by the county-wide shared
services panels created pursuant to part BBB of chapter fifty-nine of
the laws of two thousand seventeen and this article and shall post the
report on the department's website. Such report shall be provided on or
before June thirtieth, two thousand twenty-five and shall include, but
not be limited to, the following:
S. 8305--A 65 A. 8805--A
a. a detailed summary of projects included in county-wide shared
services plans by category, such as:
(1) public health and insurance;
(2) emergency services;
(3) sewer, water, and waste management systems;
(4) energy procurement and efficiency;
(5) parks and recreation;
(6) education and workforce training;
(7) law and courts;
(8) shared equipment, personnel, and services;
(9) joint purchasing;
(10) governmental reorganization;
(11) transportation and highway departments; and
(12) records management and administrative functions.
b. for each of the counties the following information:
(1) a detailed summary of each of the savings plans, including
revisions and updates submitted each year or the statement explaining
why the county did not approve a plan in any year;
(2) the anticipated savings for each plan;
(3) the number of cities, towns and villages in the county;
(4) the number of cities, towns and villages that participated in a
panel, as reported in a plan;
(5) the number of school districts, boards of cooperative educational
services, fire districts, fire protection districts, or other special
districts in the county; and
(6) the number of school districts, boards of cooperative educational
services, fire districts, fire protection districts, or other special
districts that participated in a panel, as reported in a plan.
10. The secretary of state may solicit, and the panels may provide at
her or his request, advice and recommendations concerning matters
related to the operations of local governments and shared services
initiatives, including, but not limited to, making recommendations
regarding grant proposals incorporating elements of shared services,
government dissolutions, government and service consolidations, or prop-
erty taxes and such other grants where the secretary deems the input of
the panels to be in the best interest of the public. The panel shall
advance such advice or recommendations by a vote of the majority of the
members present at such meeting.
11. The authority granted by this article to a county CEO to convene a
panel for the purpose of revising or updating a previously approved
plan, or developing a new plan, or to provide the secretary of state
information pursuant to subdivision ten of this section, shall cease on
December thirty-first, two thousand twenty-four.
12. Notwithstanding any other provision of law to the contrary, monies
constituting the funds of the village incorporation commission estab-
lished pursuant to section 2-259 of the village law shall be deposited
with the state comptroller and held for the purposes of the village
incorporation commission established in article two of the village law;
provided, however, that such monies shall be derived from the appropri-
ation dedicated to the matching funds program pursuant to subdivision
eight of this section and provided further, that such funding for such
entity shall not be subject to the requirements of subdivision eight of
this section related to savings.]
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
S. 8305--A 66 A. 8805--A
PART V
Section 1. Subdivision 1 of section 2799-gg of the public authorities
law, as amended by chapter 182 of the laws of 2009, is amended to read
as follows:
1. The authority shall have the power and is hereby authorized from
time to time to issue bonds, in conformity with applicable provisions of
the uniform commercial code, in such principal amounts as it may deter-
mine to be necessary pursuant to section twenty-seven hundred ninety-
nine-ff of this title to pay the cost of any project and to fund
reserves to secure such bonds, including incidental expenses in
connection therewith.
The aggregate principal amount of such bonds, notes or other obli-
gations outstanding shall not exceed [thirteen billion, five hundred
million dollars ($13,500,000,000)], BEGINNING JULY FIRST, TWO THOUSAND
TWENTY-FOUR, NINETEEN BILLION FIVE HUNDRED MILLION DOLLARS
($19,500,000,000), AND BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FIVE,
TWENTY-FIVE BILLION FIVE HUNDRED MILLION DOLLARS ($25,500,000,000),
excluding bonds, notes or other obligations issued pursuant to sections
twenty-seven hundred ninety-nine-ss and twenty-seven hundred ninety-
nine-tt of this title; provided, however, that upon any refunding or
repayment of bonds (which term shall not, for this purpose, include bond
anticipation notes), the total aggregate principal amount of outstanding
bonds, notes or other obligations may be greater than [thirteen billion,
five hundred million dollars ($13,500,000,000)], BEGINNING JULY FIRST,
TWO THOUSAND TWENTY-FOUR, NINETEEN BILLION FIVE HUNDRED MILLION DOLLARS
($19,500,000,000), AND BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FIVE,
TWENTY-FIVE BILLION FIVE HUNDRED MILLION DOLLARS ($25,500,000,000), only
if the refunding or repayment bonds, notes or other obligations were
issued in accordance with the provisions of subparagraph (a) of subdivi-
sion two of paragraph b of section 90.10 of the local finance law, as
amended from time to time. Notwithstanding the foregoing, bonds, notes
or other obligations issued by the authority may be outstanding in an
amount greater than the amount permitted by the preceding sentence,
provided that such additional amount at issuance, together with the
amount of indebtedness contracted by the city of New York, shall not
exceed the limit prescribed by section 104.00 of the local finance law.
The authority shall have the power from time to time to refund any bonds
of the authority by the issuance of new bonds whether the bonds to be
refunded have or have not matured, and may issue bonds partly to refund
bonds of the authority then outstanding and partly to pay the cost of
any project pursuant to section twenty-seven hundred ninety-nine-ff of
this title. Bonds issued by the authority shall be payable solely out of
particular revenues or other moneys of the authority as may be desig-
nated in the proceedings of the authority under which the bonds shall be
authorized to be issued, subject to any agreements entered into between
the authority and the city, and subject to any agreements with the hold-
ers of outstanding bonds pledging any particular revenues or moneys.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART W
Section 1. Paragraphs t, u and v of subdivision 10 of section 54 of
the state finance law, paragraph v as relettered by section 3 of part K
S. 8305--A 67 A. 8805--A
of chapter 55 of the laws of 2013, are relettered paragraphs u, v and w
and a new paragraph t is added to read as follows:
T. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-FOUR. (I) (1)
FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY,
CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
LIBRARY, ASSOCIATION LIBRARY, OR PUBLIC LIBRARY SYSTEM AS DEFINED BY
SECTION TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW; PROVIDED, HOWEVER,
THAT FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM SHALL
BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
SYSTEM ADVANCES A JOINT APPLICATION ON BEHALF OF ITS MEMBER LIBRARIES,
WATER AUTHORITY, SEWER AUTHORITY, REGIONAL PLANNING AND DEVELOPMENT
BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
IN INSTANCES WHERE SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES
ADVANCES A JOINT APPLICATION ON BEHALF OF SCHOOL DISTRICTS AND OTHER
MUNICIPALITIES WITHIN THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
REGION; PROVIDED, HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES: SHALL NOT GENERATE ADDITIONAL STATE AID;
SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
TIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL DISTRICTS PURSUANT
TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF SUBDIVISION
FOUR OF SECTION NINETEEN HUNDRED FIFTY, AND SUBDIVISION ONE OF SECTION
NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED TO
BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH TWO OF
PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
EDUCATION LAW.
(2) FOR THE PURPOSES OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
(II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD COMPETITIVE GRANTS TO MUNICIPALITIES TO COVER COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A CITY OR COUNTY CHARTER
REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE
SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU-
NITIES FOR FINANCIAL SAVINGS AND OPERATIONAL EFFICIENCIES; PROVIDED,
FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI-
BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT PURSUANT TO PARAGRAPH Q OF THIS SUBDIVISION. THE SECRETARY OF
STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT
COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA-
TIONS.
(III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
(IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE USED TO COVER COSTS
INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
S. 8305--A 68 A. 8805--A
IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES
RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
WORK PLAN. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL
PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
ARE INTEGRAL TO IMPLEMENTATION OF THE LOCAL GOVERNMENT EFFICIENCY
PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
RING EXPENSES SUCH AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN
TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN SHALL BE ELIGIBLE FOR A
PERIOD NOT TO EXCEED THREE YEARS. THE AMOUNTS AWARDED TO A SCHOOL
DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE INCLUDED IN THE
APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
GRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW.
(V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS PER
MUNICIPALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT
RECEIVE A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION TWO HUNDRED
FIFTY THOUSAND DOLLARS. THE MAXIMUM GRANT AWARD FOR A LOCAL GOVERNMENT
EFFICIENCY PLANNING PROJECT, OR THE PLANNING COMPONENT OF A PROJECT THAT
INCLUDES BOTH PLANNING AND IMPLEMENTATION OF A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT, SHALL NOT EXCEED TWENTY THOUSAND DOLLARS PER MUNICI-
PALITY; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH A PLANNING
PROJECT RECEIVE A GRANT AWARD IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
(VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
COST OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT
OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
EQUAL TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE
GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED
FOR IMPLEMENTATION GRANTS. IN THE EVENT AN APPLICANT IS IMPLEMENTING A
PROJECT THAT THE APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED
PLANNING GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT
PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE
LOCAL MATCHING FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING
FUNDS REQUIRED BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP TO THE
AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
(VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR
SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT
TO THIS PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT
PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL-
OPMENT PROJECTS THAT HAVE RECEIVED FUNDS THROUGH STATE COMMUNITY AND
INFRASTRUCTURE DEVELOPMENT PROGRAMS.
(VIII) WITHIN ONE WEEK OF THE RECEIPT OF AN APPLICATION, THE DEPART-
MENT OF STATE SHALL REVIEW THE APPLICATION TO ENSURE THE APPLICANT HAS
FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
OF THE APPLICATION CONTAIN NO INFORMATION. WITHIN ONE BUSINESS DAY OF
DETERMINING AN APPLICANT HAS FILED AN INCORRECT APPLICATION, OR DETER-
MINING AN APPLICATION CONTAINS NO INFORMATION IN A SECTION REQUIRED TO
CONTAIN INFORMATION, THE DEPARTMENT SHALL SO NOTIFY THE APPLICANT.
APPLICANTS SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE MISS-
ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
S. 8305--A 69 A. 8805--A
IF IT IS AMENDED BY THE APPLICATION DEADLINE. IF AN APPLICANT HAS
SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
APPLICATION TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH PROGRAM
FOR CONSIDERATION. UNDER NO CIRCUMSTANCES SHALL THIS SUBPARAGRAPH BE
DEEMED TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE ESTABLISHED
BY THE DEPARTMENT, NOR SHALL IT OBLIGATE THE DEPARTMENT TO CONDUCT A
SUBSTANTIVE REVIEW OF THE CONTENTS OF ANY APPLICATION OUTSIDE OF THE
PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
(IX) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT OF A DECISION
REGARDING THE GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
THIRTY DAYS AFTER SUCH DECISION.
(X) THE DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-
MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR-
GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE PROVIDED ON
OR BEFORE OCTOBER FIRST OF EACH YEAR AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
GRANT CATEGORY, AN ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES
THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF-
ICANT IMPROVEMENTS IN SERVICE REALIZED BY MUNICIPALITIES THAT HAVE
RECEIVED GRANTS.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART X
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Local government records management account (20501).
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
S. 8305--A 70 A. 8805--A
24. New York state thruway authority account (21905).
25. Financial control board account (21911).
26. Regulation of racing account (21912).
27. State university dormitory income reimbursable account (21937).
28. Criminal justice improvement account (21945).
29. Environmental laboratory reference fee account (21959).
30. Training, management and evaluation account (21961).
31. Clinical laboratory reference system assessment account (21962).
32. Indirect cost recovery account (21978).
33. Multi-agency training account (21989).
34. Bell jar collection account (22003).
35. Industry and utility service account (22004).
36. Real property disposition account (22006).
37. Parking account (22007).
38. Courts special grants (22008).
39. Asbestos safety training program account (22009).
40. Batavia school for the blind account (22032).
41. Investment services account (22034).
42. Surplus property account (22036).
43. Financial oversight account (22039).
44. Regulation of Indian gaming account (22046).
45. Rome school for the deaf account (22053).
46. Seized assets account (22054).
47. Administrative adjudication account (22055).
48. New York City assessment account (22062).
49. Cultural education account (22063).
50. Local services account (22078).
51. DHCR mortgage servicing account (22085).
52. Housing indirect cost recovery account (22090).
53. Voting Machine Examinations account (22099).
54. DHCR-HCA application fee account (22100).
55. Low income housing monitoring account (22130).
56. Restitution account (22134).
57. Corporation administration account (22135).
58. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
59. Deferred compensation administration account (22151).
60. Rent revenue other New York City account (22156).
61. Rent revenue account (22158).
62. Transportation aviation account (22165).
63. Tax revenue arrearage account (22168).
64. New York State Campaign Finance Fund account (22211).
65. New York state medical indemnity fund account (22240).
66. Behavioral health parity compliance fund (22246).
67. Pharmacy benefit manager regulatory fund (22255).
68. State university general income offset account (22654).
69. Lake George park trust fund account (22751).
70. Highway safety program account (23001).
71. DOH drinking water program account (23102).
72. NYCCC operating offset account (23151).
73. Commercial gaming revenue account (23701).
74. Commercial gaming regulation account (23702).
75. Highway use tax administration account (23801).
76. New York state secure choice administrative account (23806).
77. New York state cannabis revenue fund (24800).
78. Fantasy sports administration account (24951).
S. 8305--A 71 A. 8805--A
79. Mobile sports wagering fund (24955).
80. Highway and bridge capital account (30051).
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. New York racing account (32213).
90. Capital miscellaneous gifts account (32214).
91. Information technology capital financing account (32215).
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. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
99. Centralized services fund (55000).
100. Archives records management account (55052).
101. Federal single audit account (55053).
102. Civil service administration account (55055).
103. Civil service EHS occupational health program account (55056).
104. Banking services account (55057).
105. Cultural resources survey account (55058).
106. Neighborhood work project account (55059).
107. Automation & printing chargeback account (55060).
108. OFT NYT account (55061).
109. Data center account (55062).
110. Intrusion detection account (55066).
111. Domestic violence grant account (55067).
112. Centralized technology services account (55069).
113. Labor contact center account (55071).
114. Human services contact center account (55072).
115. Tax contact center account (55073).
116. Department of law civil recoveries account (55074).
117. Executive direction internal audit account (55251).
118. CIO Information technology centralized services account (55252).
119. Health insurance internal service account (55300).
120. Civil service employee benefits division administrative account
(55301).
121. Correctional industries revolving fund (55350).
122. Employees health insurance account (60201).
123. Medicaid management information system escrow fund (60900).
124. Virtual currency assessments account.
125. Animal shelter regulation account.
126. Department of financial services IT modernization capital
account.
§ 2. 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
S. 8305--A 72 A. 8805--A
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).
§ 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, upon request of the director of the budget, on
or before March 31, 2025, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $2,175,000 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. $19,810,000 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. $2,792,000,000 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. $1,096,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $121,600,000 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. $995,000,000 from the general fund to the mobile sports wagering
fund, education account (24955), 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 deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $25,000,000 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.
6. An amount up to the unencumbered balance in the fund on March 31,
2025 from the charitable gifts trust fund, elementary and secondary
S. 8305--A 73 A. 8805--A
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
7. 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.
8. $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).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
11. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
12. $79,100,000 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, 2024 through March 31,
2025.
13. $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).
14. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
15. $30,013,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital 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. $100,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $6,000,000 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.
S. 8305--A 74 A. 8805--A
8. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
10. $10,000,000 from the waste management & cleanup account (21053) to
the general fund.
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
12. $10,000,000 from the general fund to the miscellaneous special
revenue fund, patron services account (22163).
13. $15,000,000 from the enterprise fund, golf account (50332) to the
state park infrastructure fund, state park infrastructure account
(30351).
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. $205,000,000 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.
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. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $5,000,000 from the general fund to the housing program fund
(31850).
12. $10,000,000 from any of the office of children and family services
special revenue federal funds to the office of the court administration
special revenue other federal iv-e funds account.
General Government:
S. 8305--A 75 A. 8805--A
1. $9,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $3,326,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $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.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $33,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
15. $50,000,000 from the New York State cannabis revenue fund (24800)
to the general fund.
16. A transfer from the general fund to the miscellaneous special
revenue fund, New York State Campaign Finance Fund Account (22211), up
to an amount equal to total reimbursements due to qualified candidates.
17. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
18. $5,600,000 from the banking department special revenue fund
(21970) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
19. $8,400,000 from the insurance department special revenue fund
(21994) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
20. $500,000 from the pharmacy benefits bureau special revenue fund
(22255) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law, to the IT Modernization
Capital Fund.
21. $500,000 from the virtual currency special revenue fund (22262)
funded by the assessment to defray operating expenses authorized by
section 206 of the financial services law, to the IT Modernization Capi-
tal Fund.
Health:
S. 8305--A 76 A. 8805--A
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
5. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
6. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
7. $131,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
8. $6,550,000 from the general fund to the medical cannabis trust
fund, health operation and oversight account (23755).
9. 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.
10. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund (24800), to the miscellaneous special reven-
ue fund, environmental laboratory fee account (21959).
11. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund (23816), to the general fund, for
payment of goods and services necessary to respond to a public health
disaster emergency or to assist or aid in responding to such a disaster.
12. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
13. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22140), to the general fund.
14. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
15. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
16. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
17. $22,113,000 from the general fund, to the miscellaneous special
revenue fund, helen hayes hospital account (22140).
18. $4,850,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
19. $3,675,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
S. 8305--A 77 A. 8805--A
20. $2,055,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
21. $6,451,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
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. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
Mental Hygiene:
1. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
2. $2,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
3. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account
(32200).
4. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account (32200) to the opioid settlement fund
(23817).
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $23,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
5. $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.
6. $138,272,000 from the general fund to the correctional facilities
capital improvement fund (32350).
7. $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.
8. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
9. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
10. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
S. 8305--A 78 A. 8805--A
11. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
12. $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.
13. $38,938,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
14. $6,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account.
15. $234,000,000 from the indigent legal services fund, indigent legal
services account (23551) to the general fund.
Transportation:
1. $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.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $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.
5. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
6. $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. $500,000,000 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).
6. $3,650,000,000 from the special revenue federal fund, ARPA-Fiscal
Recovery Fund (25546) to the general fund, state purposes account
(10050) to cover eligible costs incurred by the state.
7. $1,000,000,000 from the general fund to the hazardous waste over-
sight and assistance account (31505), State parks infrastructure account
(30351), environmental protection fund transfer account (30451), the
correctional facilities capital improvement fund (32350), housing
program fund (31850), or the Mental hygiene facilities capital improve-
ment fund (32300), up to an amount equal to certain outstanding accounts
receivable balances.
S. 8305--A 79 A. 8805--A
§ 4. 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, 2025:
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 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).
4. 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.
5. Upon request of the commissioner of health up to $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
6. Upon the request of the attorney general, up to $4,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
§ 5. On or before March 31, 2025, 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.
§ 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, 2025, 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, 2025, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
S. 8305--A 80 A. 8805--A
§ 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, 2025.
§ 8a. 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, a
total of up to $100,000,000 from the general fund to the state universi-
ty income fund, state university general revenue offset account (22655)
and/or the state university income fund, state university hospitals
income reimbursable account (22656) during the period July 1, 2024
through June 30, 2025 to pay costs attributable to the state university
health science center at Brooklyn and/or the state university of New
York hospital at Brooklyn, respectively, pursuant to a transformation
plan approved by the director of the budget.
§ 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 $1,318,326,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2024 through June 30, 2025 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 $103,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of April 1, 2024 through June 30, 2024 to support operations at
the state university.
§ 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 director of the budget, up
to $49,600,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2024 to June 30, 2025 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
§ 12. 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, 2024 to June 30, 2025 to fully fund the tuition credit
pursuant to subdivision two of section six hundred sixty-nine-h of the
education law.
§ 13. 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, 2025.
S. 8305--A 81 A. 8805--A
§ 14. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2025.
§ 15. 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 $100 million from each fund.
§ 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 $1 billion 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 2024-25 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, 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
S. 8305--A 82 A. 8805--A
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as 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.
§ 18. 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.
§ 19. 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 up to $20,000,000 for the state fiscal
year commencing April 1, 2024, the proceeds of which will be utilized to
support energy-related state activities.
§ 20. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized to transfer to the state treasury to the cred-
it of the general fund up to $25,000,000 for the state fiscal year
commencing April 1, 2024, the proceeds of which will be utilized to
support programs established or implemented by or within the department
of labor, including but not limited to the office of just energy transi-
tion and programs for workforce training and retraining, to prepare
workers for employment for work in the renewable energy field.
§ 21. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2025.
§ 22. 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, 2025 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
S. 8305--A 83 A. 8805--A
§ 23. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part PP of chapter 56 of the laws of 2023, 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
[twenty-three] TWENTY-FOUR, 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
[$1,716,913,000] $1,575,393,000 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 [twenty-three] TWENTY-FOUR.
§ 24. 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, 2025, 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. $1,537,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $474,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $593,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $177,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $336,000 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. $9,173,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $150,218,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $50,197,000 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).
§ 25. Subdivision 6 of section 4 of the state finance law, as amended
by section 24 of part FFF of chapter 56 of the laws of 2022, is amended
to read as follows:
6. Notwithstanding any law to the contrary, at the beginning of the
state fiscal year, the state comptroller is hereby authorized and
directed to receive for deposit to the credit of a fund and/or an
account such monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the director of the
budget shall, but not less than three days following preliminary
submission to the chairs of the senate finance committee and the assem-
S. 8305--A 84 A. 8805--A
bly ways and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but not less than three days
following preliminary submission to the chairs of the senate finance
committee and the assembly ways and means committee.
All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted by the
legislature.
The provisions of this subdivision shall expire on March thirty-first,
[two thousand twenty-four] TWO THOUSAND TWENTY-EIGHT.
§ 26. Subdivision 4 of section 40 of the state finance law, as amended
by section 25 of part FFF of chapter 56 of the laws of 2022, 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-four] TWO THOUSAND TWENTY-EIGHT.
§ 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
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 27 of part PP of chapter 56 of the laws of 2023, 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
S. 8305--A 85 A. 8805--A
aggregate principal amount not to exceed [nine billion eight hundred
sixty-five million eight hundred fifty-nine thousand dollars
$9,865,859,000] TEN BILLION TWO HUNDRED NINETY-NINE MILLION THREE
HUNDRED FIFTY-NINE THOUSAND DOLLARS $10,299,359,000, 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 depos-
it in the correctional facilities capital improvement fund to pay for
all or any portion of the amount or amounts paid by the state from
appropriations or reappropriations made to the department of corrections
and community supervision from the correctional facilities capital
improvement fund for capital projects. The aggregate amount of bonds,
notes or other obligations authorized to be issued pursuant to this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts expended by the state from appropriations or reappropriations
made to the department of corrections and community supervision;
provided, however, that upon any such refunding or repayment the total
aggregate principal amount of outstanding bonds, notes or other obli-
gations may be greater than [nine billion eight hundred sixty-five
million eight hundred fifty-nine thousand dollars $9,865,859,000] TEN
BILLION TWO HUNDRED NINETY-NINE MILLION THREE HUNDRED FIFTY-NINE THOU-
SAND DOLLARS $10,299,359,000, only if the present value of the aggregate
debt service of the refunding or repayment bonds, notes or other obli-
gations 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 obli-
gations and of the aggregate debt service of the bonds, notes or other
obligations so refunded or repaid, shall be calculated by utilizing the
effective interest rate of the refunding or repayment bonds, notes or
other obligations, which shall be that rate arrived at by doubling the
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued interest or proceeds
received by the corporation including estimated accrued interest from
the sale thereof.
§ 29. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 42 of part PP of chapter 56
of the laws of 2023, 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 [thirteen billion six hundred
thirty-five million four hundred twenty-five thousand dollars
$13,635,425,000] THIRTEEN BILLION NINE HUNDRED TWENTY-NINE MILLION THREE
S. 8305--A 86 A. 8805--A
HUNDRED EIGHTY-NINE THOUSAND DOLLARS $13,929,389,000, plus a principal
amount of bonds issued to fund the debt service reserve fund in accord-
ance 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 under-
writers' discount, trustee and rating agency fees, bond insurance, cred-
it enhancement and liquidity enhancement related to the issuance of such
bonds and notes. No reserve fund securing the housing program bonds
shall be entitled or eligible to receive state funds apportioned or
appropriated to maintain or restore such reserve fund at or to a partic-
ular level, except to the extent of any deficiency resulting directly or
indirectly from a failure of the state to appropriate or pay the agreed
amount under any of the contracts provided for in subdivision four of
this section.
§ 30. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 45 of part PP of chapter 56 of
the laws of 2023, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [twenty billion six hundred forty-
eight million five hundred seven thousand dollars $20,648,507,000] TWEN-
TY-ONE BILLION FOUR HUNDRED FIFTY-EIGHT MILLION THREE HUNDRED NINE THOU-
SAND DOLLARS $21,458,309,000, plus a principal amount of bonds or notes:
(A) to fund capital reserve funds; (B) to provide capitalized interest;
and, (C) to fund other costs of issuance. In computing for the purposes
of this subdivision, the aggregate amount of indebtedness evidenced by
bonds and notes of the authority issued pursuant to this section, as
S. 8305--A 87 A. 8805--A
amended by a chapter of the laws of nineteen hundred ninety-six, there
shall be excluded the amount of bonds or notes issued that would consti-
tute interest under the United States Internal Revenue Code of 1986, as
amended, and the amount of indebtedness issued to refund or otherwise
repay bonds or notes.
§ 31. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 32 of part PP of chapter 56 of
the laws of 2023, 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 [eleven billion three hundred four-
teen million three hundred fifty-two thousand dollars $11,314,352,000]
ELEVEN BILLION SEVEN HUNDRED TWENTY-TWO MILLION TWO HUNDRED TWENTY-TWO
THOUSAND DOLLARS $11,722,222,000. 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.
§ 32. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 39 of part PP of chapter 56 of the laws of 2023,
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 [three hundred sixty-seven million
dollars $367,000,000] FOUR HUNDRED ONE MILLION DOLLARS $401,000,000.
§ 33. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 31 of part PP of chapter 56 of
the laws of 2023, 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
S. 8305--A 88 A. 8805--A
hundred eighty-eight for state university educational facilities will
exceed [eighteen billion one hundred ten million nine hundred sixty-four
thousand dollars $18,110,964,000] EIGHTEEN BILLION SEVEN HUNDRED SEVEN-
TY-THREE MILLION NINE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$18,773,964,000; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
§ 34. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 33 of part PP of chapter 56 of the laws of 2023,
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 two
hundred twenty-seven million ninety-five thousand dollars
$1,227,095,000] ONE BILLION THREE HUNDRED SIXTY-FIVE MILLION THREE
HUNDRED EIGHT THOUSAND DOLLARS $1,365,308,000. Such amount shall be
exclusive of bonds and notes issued to fund any reserve fund or funds,
costs of issuance and to refund any outstanding bonds and notes, issued
on behalf of the state, relating to a locally sponsored community
college.
S. 8305--A 89 A. 8805--A
§ 35. 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 35 of part PP
of chapter 56 of the laws of 2023, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [twelve billion four hundred eighteen million three hundred
thirty-seven thousand dollars $12,418,337,000] TWELVE BILLION NINE
HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED FIFTY-SIX THOUSAND DOLLARS
$12,921,756,000, excluding mental health services facilities improvement
bonds and mental health services facilities improvement notes issued to
refund outstanding 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 facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
mental health facilities improvement notes may be greater than [twelve
billion four hundred eighteen million three hundred thirty-seven thou-
sand dollars $12,418,337,000] TWELVE BILLION NINE HUNDRED TWENTY-ONE
MILLION SEVEN HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,921,756,000, 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 obli-
gations 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
S. 8305--A 90 A. 8805--A
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued interest or proceeds
received by the authority including estimated accrued interest from the
sale thereof. Such bonds, other than bonds issued to refund outstanding
bonds, shall be scheduled to mature over a term not to exceed the aver-
age useful life, as certified by the facilities development corporation,
of the projects for which the bonds are issued, and in any case shall
not exceed thirty years and the maximum maturity of notes or any
renewals thereof shall not exceed five years from the date of the
original issue of such notes. Notwithstanding the provisions of this
section, the 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 addiction services and supports, in consultation with
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
§ 36. 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 30 of part PP of chapter 56 of the laws of 2023, 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 [five hundred one million five hundred thousand dollars
$501,500,000] FIVE HUNDRED TWENTY-TWO MILLION FIVE HUNDRED THOUSAND
DOLLARS $522,500,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security and training facilities for the division of state
police, the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [one billion seven hundred thirteen million eighty-six thousand
dollars $1,713,086,000] ONE BILLION EIGHT HUNDRED FIFTY-FIVE MILLION TWO
HUNDRED EIGHTY-SIX THOUSAND DOLLARS $1,855,286,000, 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 financ-
ing 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
S. 8305--A 91 A. 8805--A
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.
§ 37. 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 44 of part PP of chapter 56 of the
laws of 2023, 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 [one billion three
hundred fifty-three million eight hundred fifty-two thousand dollars
$1,353,852,000] ONE BILLION SEVEN HUNDRED FORTY-TWO MILLION SEVEN
HUNDRED TWELVE THOUSAND DOLLARS $1,742,712,000, 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
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 38. 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 38 of part PP of chapter 56 of the laws of 2023, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [thirteen
billion nine hundred forty-nine million two hundred thirty-four thousand
dollars $13,949,234,000] FOURTEEN BILLION SEVEN HUNDRED FORTY-TWO
MILLION FIVE HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS $14,742,587,000
cumulatively by the end of fiscal year [2023-24] 2024-25. For purposes
of this subdivision, such projects shall be deemed to include capital
grants to cities, towns and villages for the reimbursement of eligible
capital costs of local highway and bridge projects within such munici-
pality, where allocations to cities, towns and villages are based on the
total number of New York or United States or interstate signed touring
route miles for which such municipality has capital maintenance respon-
sibility, and where such eligible capital costs include the costs of
S. 8305--A 92 A. 8805--A
construction and repair of highways, bridges, highway-railroad cross-
ings, and other transportation facilities for projects with a service
life of ten years or more.
§ 39. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 37 of part PP of chapter 56 of the laws of 2023, 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
or improvement of security systems, and laboratory equipment and other
state costs associated with such capital projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed [four hundred ninety-three million dollars
$493,000,000] FIVE HUNDRED NINETY-THREE MILLION DOLLARS $593,000,000,
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.
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
S. 8305--A 93 A. 8805--A
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 40. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 29 of part PP of chapter 56 of the laws of 2023,
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 [nine billion three hundred thirty-five million seven
hundred ten thousand dollars $9,335,710,000] TEN BILLION FIVE HUNDRED
NINETY-FIVE MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS $10,595,710,000,
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.
§ 41. 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 34 of part PP of chapter 56 of the laws of 2023, 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 [one billion fourteen million
seven hundred thirty-five thousand dollars $1,014,735,000] ONE BILLION
SIXTY-SIX MILLION SEVEN HUNDRED FIFTY-FIVE THOUSAND DOLLARS
$1,066,755,000, 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 or the capital projects fund, to pay for all or
any portion of the amount or amounts paid by the state from appropri-
ations or reappropriations made to the 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 outstand-
ing bonds, notes or other obligations may be greater than [one billion
fourteen million seven hundred thirty-five thousand dollars
$1,014,735,000] ONE BILLION SIXTY-SIX MILLION SEVEN HUNDRED FIFTY-FIVE
THOUSAND DOLLARS $1,066,755,000, only if the present value of the aggre-
gate debt service of the refunding or repayment bonds, notes or other
obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
S. 8305--A 94 A. 8805--A
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.
§ 42. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 41 of part PP of chapter 56 of the laws of 2023, 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
[twelve billion three hundred eight million three hundred eleven thou-
sand dollars $12,308,311,000] FIFTEEN BILLION ONE HUNDRED SEVENTY-SIX
MILLION SIX HUNDRED SIXTY-NINE THOUSAND DOLLARS $15,176,669,000, exclud-
ing bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and to refund or otherwise repay such
bonds or notes previously issued. Such bonds and notes of the authority,
the dormitory authority and the urban development corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the authority, the dormitory authority and the urban devel-
opment corporation for principal, interest, and related expenses pursu-
ant to a service contract and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 43. 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 40 of part PP of chapter 56 of the laws of 2023, 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-
S. 8305--A 95 A. 8805--A
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,
athletic facilities for professional football in Orchard Park, New York,
RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, 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 [seventeen billion six hundred fifty-five million six hundred
two thousand dollars $17,655,602,000] TWENTY BILLION TWO HUNDRED FIFTY-
FOUR MILLION ONE HUNDRED NINETY-FOUR THOUSAND DOLLARS $20,254,194,000,
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 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
S. 8305--A 96 A. 8805--A
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,
athletic facilities for professional football in Orchard Park, New York,
RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and other
state costs associated with such projects the director of the budget is
hereby authorized to enter into one or more service contracts with the
dormitory authority and the corporation, none of which shall exceed
thirty years in duration, upon such terms and conditions as the director
of the budget and the dormitory authority and the corporation agree, so
as to annually provide to the dormitory authority and the corporation,
in the aggregate, a sum not to exceed the principal, interest, and
related expenses required for such bonds and notes. Any service contract
entered into pursuant to this section shall provide that the obligation
of the state to pay the amount therein provided shall not constitute a
debt of the state within the meaning of any constitutional or statutory
provision and shall be deemed executory only to the extent of monies
available and that no liability shall be incurred by the state beyond
the monies available for such purpose, subject to annual appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder may be assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes, as authorized by
this section.
§ 44. 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 36 of part PP of chapter 56 of the laws of 2023, 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 [two hundred forty-seven
million dollars $247,000,000] TWO HUNDRED NINETY-SEVEN MILLION DOLLARS
$297,000,000, 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 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
S. 8305--A 97 A. 8805--A
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 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 43 of part PP of chapter 56 of the
laws of 2023, 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 the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, Native American Indian Nation schools, 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 [three hundred twenty-one million seven hundred ninety-nine
thousand dollars $321,799,000] THREE HUNDRED FORTY-ONE MILLION EIGHT
HUNDRED NINETY-EIGHT THOUSAND DOLLARS $341,898,000, 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.
§ 46. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 47 of part PP of chapter 56 of the laws of 2023,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [forty
million nine hundred forty-five thousand dollars $40,945,000] FORTY-ONE
MILLION SIXTY THOUSAND DOLLARS $41,060,000, 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 the
construction of the New York state agriculture and markets food labora-
tory. Eligible project costs may include, but not be limited to the cost
of design, financing, site investigations, site acquisition and prepara-
tion, demolition, construction, rehabilitation, acquisition of machinery
and equipment, and infrastructure improvements. Such bonds and notes of
such authorized issuers shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to such authorized issuers
for debt service and related expenses pursuant to any service contract
executed pursuant to subdivision two of this section and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
S. 8305--A 98 A. 8805--A
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
§ 47. Paragraph a of subdivision 1 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the medical care facili-
ties finance agency act, as amended by chapter 479 of the laws of 2022,
is amended to read as follows:
a. "Mental health services facility" shall mean a building, a unit
within a building, a laboratory, a classroom, a housing unit, a dining
hall, an activities center, a library, real property of any kind or
description, or any structure on or improvement to real property of any
kind or description, including fixtures and equipment which may or may
not be an integral part of any such building, unit, structure or
improvement, a walkway, a roadway or a parking lot, and improvements and
connections for water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, or a combination of any of the
foregoing, whether for patient care and treatment or staff, staff family
or service use, located at or related to any psychiatric center, any
developmental center, or any state psychiatric or research institute or
other facility now or hereafter established under the state department
of mental hygiene. A mental health services facility shall also mean and
include a residential care center for adults, a "community mental health
and developmental disabilities facility", and a state or voluntary oper-
ated treatment facility for use in the conduct of an alcoholism or
substance abuse treatment program as defined in the mental hygiene law,
unless such residential care center for adults, community mental health
and developmental disabilities facility or alcoholism or substance abuse
facility is expressly excepted or the context clearly requires other-
wise. The definition contained in this subdivision shall not be
construed to exclude therefrom a facility, whether or not owned or
leased by a voluntary agency, to be made available under lease, or
sublease, from the facilities development corporation to a voluntary
agency at the request of the commissioners of the offices and directors
of the divisions of the department of mental hygiene having jurisdiction
thereof for use in providing services in a residential care center for
adults, community mental health and developmental disabilities services,
or for use in the conduct of an alcoholism or substance abuse treatment
program. For purposes of this section mental health services facility
shall also mean mental hygiene facility as defined in subdivision ten of
section three of the facilities development corporation act AND SHALL
ALSO INCLUDE FACILITIES FOR: (I) COMPREHENSIVE PSYCHIATRIC EMERGENCY
PROGRAMS AND/OR PSYCHIATRIC INPATIENT PROGRAMS OR OTHER SIMILAR PROGRAMS
UNDER THE AUSPICE OF MUNICIPALITIES AND OTHER PUBLIC AND NOT-FOR-PROFIT
AGENCIES, DUALLY LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL
HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; AND (II)
HOUSING FOR MENTALLY ILL PERSONS UNDER THE AUSPICE OF MUNICIPALITIES AND
OTHER PUBLIC AND NOT-FOR-PROFIT AGENCIES, APPROVED BY THE COMMISSIONER
OF THE OFFICE OF MENTAL HEALTH, PURSUANT TO ARTICLE FORTY-ONE OF THE
MENTAL HYGIENE LAW.
§ 48. 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, 2025 the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section 386-a of the public authori-
ties law, provided that the annual amount of the transfer shall be no
more than the principal and interest that would have otherwise been due
S. 8305--A 99 A. 8805--A
to the power authority of the state of New York, from any state agency,
in a given state fiscal year. Amounts pertaining to special revenue
accounts assigned to the state university of New York shall be consid-
ered interchangeable between the designated special revenue accounts as
to meet the requirements of this section and section 386-a of the public
authorities law:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from state university dormitory income fund, state
university dormitory income fund (40350).
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 49. Paragraph (g) of subdivision 1 of section 68-b of the state
finance law, as added by section 2 of part I of chapter 383 of the laws
of 2001, is amended to read as follows:
(g) Revenue bonds authorized hereunder shall be sold by authorized
issuers, at public or private sale, at such price or prices as the
authorized issuers may determine. Revenue bonds of the authorized
issuers shall not be sold by the authorized issuers at private sales
unless such sale and the terms thereof have been approved by the state
comptroller. THE APPROVAL OF THE PRIVATE SALE OF SUCH BONDS AND THE
TERMS THEREOF BY THE STATE COMPTROLLER SHALL BE LIMITED TO A REVIEW OF
(I) THE REASONABLENESS OF: (1) THE BOND PRICING, TAKING INTO ACCOUNT
CURRENT INTEREST RATES; (2) THE COSTS OF ISSUANCE AND UNDERWRITERS
DISCOUNT FOR SUCH BONDS; (3) IF THE SALE INCLUDES REFUNDING BONDS, CASH
FLOW SAVINGS AND NET PRESENT VALUE SAVINGS; AND (4) IF THE SALE INVOLVES
AN INTEREST RATE EXCHANGE OR SIMILAR AGREEMENT, THE ECONOMIC TERMS OF
SUCH AGREEMENT; AND (II) WHETHER THE FINAL MATURITY OF THE BONDS
COMPLIES WITH (1) THE LEGAL AUTHORIZATION FOR THE PROJECT OR PROJECTS
BEING FINANCED, AND (2) THE PARAMETERS ESTABLISHED IN THE AUTHORIZED
ISSUER'S RESOLUTION AUTHORIZING THE ISSUANCE OF SUCH BONDS, AS APPROVED
BY THE PUBLIC AUTHORITIES CONTROL BOARD PURSUANT TO SECTION FIFTY-ONE OF
THE PUBLIC AUTHORITIES LAW.
§ 50. Paragraph (g) of subdivision 1 of section 69-n of the state
finance law, as added by section 58 of part HH of chapter 57 of the laws
of 2013, is amended to read as follows:
(g) Revenue bonds authorized hereunder shall be sold by authorized
issuers, at public or private sale, at such price or prices as the
authorized issuers may determine. Revenue bonds of the authorized
issuers shall not be sold by the authorized issuers at private sales
unless such sale and the terms thereof have been approved by the state
comptroller. THE APPROVAL OF THE PRIVATE SALE OF SUCH BONDS AND THE
TERMS THEREOF BY THE STATE COMPTROLLER SHALL BE LIMITED TO A REVIEW OF
(I) THE REASONABLENESS OF: (1) THE BOND PRICING, TAKING INTO ACCOUNT
CURRENT INTEREST RATES; (2) THE COSTS OF ISSUANCE AND UNDERWRITERS
DISCOUNT FOR SUCH BONDS; (3) IF THE SALE INCLUDES REFUNDING BONDS, CASH
FLOW SAVINGS AND NET PRESENT VALUE SAVINGS; AND (4) IF THE SALE INVOLVES
AN INTEREST RATE EXCHANGE OR SIMILAR AGREEMENT, THE ECONOMIC TERMS OF
SUCH AGREEMENT; AND (II) WHETHER THE FINAL MATURITY OF THE BONDS
COMPLIES WITH (1) THE LEGAL AUTHORIZATION FOR THE PROJECT OR PROJECTS
BEING FINANCED, AND (2) THE PARAMETERS ESTABLISHED IN THE AUTHORIZED
ISSUER'S RESOLUTION AUTHORIZING THE ISSUANCE OF SUCH BONDS, AS APPROVED
BY THE PUBLIC AUTHORITIES CONTROL BOARD PURSUANT TO SECTION FIFTY-ONE OF
THE PUBLIC AUTHORITIES LAW.
§ 51. Subdivision 6-a of section 2 of the state finance law, as added
by chapter 837 of the laws of 1983, is amended to read as follows:
S. 8305--A 100 A. 8805--A
6-a. "Fixed assets". (I) Assets of a long-term, tangible character
which are intended to continue to be held or used, such as land, build-
ings, improvements, machinery, and equipment, AND (II) ASSETS THAT
PROVIDE A LONG-TERM INTEREST IN LAND, INCLUDING CONSERVATION EASEMENTS.
§ 52. Subdivision 2 of section 2976 of the public authorities law, as
amended by section 1 of part FF of chapter 59 of the laws of 2009, is
amended to read as follows:
2. The bond issuance charge shall be computed by multiplying the prin-
cipal amount of bonds issued by the percentage set forth in the schedule
below, provided that: (a) the charge applicable to the principal amount
of single family mortgage revenue bonds shall be seven one-hundredths of
one percent; (b) the issuance of bonds shall not include the remarketing
of bonds; and (c) the issuance of bonds shall not include the [current]
refunding of [short term] bonds, notes or other obligations [for which
the bond issuance charge provided by this section has been paid,
provided that such current refunding (i) occurs within one year from the
issuance of the refunded obligations, or (ii) is part of a program
created by a single indenture or bond resolution that provides for the
periodic issuance and refunding of short term obligations].
SCHEDULE
Principal Amount of Bonds Issued Percentage Charge
a. [$1,000,000] $20,000,000 or less [.168%] 0%
b. [$1,000,001 to $5,000,000 .336%
c. $5,000,001 to $10,000,000 .504%
d. $10,000,001 to $20,000,000 .672%
e.] More than $20,000,000 [.84%] .35%
§ 53. Subdivision 5 of section 68-b of the state finance law, as added
by section 2 of part I of chapter 383 of the laws of 2001, is amended to
read as follows:
5. The authorized issuers, subject to such agreements with holders of
revenue bonds as may then exist, or with the providers of any applicable
bond or note or other financial or agreement facility, shall have power
out of any funds available therefor to purchase revenue bonds of the
authorized issuers, which may or may not thereupon be canceled, at a
price not exceeding:
(a) if the revenue bonds are then redeemable, the redemption price
then applicable, including any accrued interest; OR
(b) if the revenue bonds are not then redeemable, the redemption price
and accrued interest applicable on the first date after such purchase
upon which the revenue bonds become subject to redemption; OR
(C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP-
TION PRICE THAT PROVIDES A DEMONSTRATED ECONOMIC BENEFIT TO THE STATE,
AS CERTIFIED IN WRITING BY A FINANCIAL ADVISOR TO THE STATE.
§ 54. Subdivision 5 of section 69-n of the state finance law, as added
by section 58 of part HH of chapter 57 of the laws of 2013, is amended
to read as follows:
5. The authorized issuers, subject to such agreements with holders of
revenue bonds as may then exist, or with the providers of any applicable
bond or note or other financial or agreement facility, shall have power
out of any funds available therefor to purchase revenue bonds of the
authorized issuers, which may or may not thereupon be canceled, at a
price not exceeding:
(a) If the revenue bonds are then redeemable, the redemption price
then applicable, including any accrued interest; OR
S. 8305--A 101 A. 8805--A
(b) If the revenue bonds are not then redeemable, the redemption price
and accrued interest applicable on the first date after such purchase
upon which the revenue bonds become subject to redemption; OR
(C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP-
TION PRICE THAT PROVIDES A DEMONSTRATED ECONOMIC BENEFIT TO THE STATE,
AS CERTIFIED IN WRITING BY A FINANCIAL ADVISOR TO THE STATE.
§ 55. Paragraph (b) of subdivision 1 of section 54-b of section 1 of
chapter 174 of the laws of 1968 constituting the urban development
corporation act, as amended by section 49 of part PP of chapter 56 of
the laws of 2023, is amended to read as follows:
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue personal income tax revenue anticipation notes with
a maturity no later than March 31[, 2024] OF THE STATE FISCAL YEAR IN
WHICH SUCH NOTES ARE ISSUED, in one or more series in an aggregate prin-
cipal amount for each fiscal year not to exceed [three] FOUR billion
dollars, and to pay costs of issuance of such notes, for the purpose of
temporarily financing budgetary needs of the state. Such purpose shall
constitute an authorized purpose under subdivision two of section
sixty-eight-a of the state finance law for all purposes of article
five-C of the state finance law with respect to the notes authorized by
this paragraph. Such notes shall not be renewed, extended or refunded.
For so long as any notes authorized by this paragraph shall be outstand-
ing, the restrictions, limitations and requirements contained in article
five-B of the state finance law shall not apply.
§ 56. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 54 of part PP of chapter 56 of the laws of 2023, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed twelve billion five
hundred fifteen million eight hundred fifty-six thousand dollars
$12,515,856,000, 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 develop-
ment 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. Notwithstanding any other provision of law to the
contrary, including the limitations contained in subdivision four of
section sixty-seven-b of the state finance law, (A) any bonds and notes
issued prior to April first, two thousand [twenty-four] TWENTY-FIVE
pursuant to this section may be issued with a maximum maturity of fifty
S. 8305--A 102 A. 8805--A
years, and (B) any bonds issued to refund such bonds and notes may be
issued with a maximum maturity of fifty years from the respective date
of original issuance of such bonds and notes.
§ 57. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024; provided,
however, that the provisions of sections one, two, three, four, five,
six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one, twenty-two, twenty-three, and twenty-four
of this act shall expire March 31, 2025; and provided, further, that
sections twenty-five and twenty-six of this act shall expire March 31,
2028, when upon such dates the provisions of such sections shall be
deemed repealed.
PART Y
Section 1. Section 2 of part P of chapter 55 of the laws of 2022,
amending the alcoholic beverage control law relating to authorizing
retail licensees for on-premises consumption to sell and/or deliver
alcoholic beverages for off-premises consumption, is amended to read as
follows:
§ 2. This act shall take effect immediately [and shall expire and be
deemed repealed three years after such date].
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through Y of this act shall be
as specifically set forth in the last section of such Parts.