[ ] is old law to be omitted.
LBD12570-04-3
S. 4005--B 2
chapter 713 of the laws of 1988, amending the vehicle and traffic law
relating to the ignition interlock device program, in relation to
extending the expiration thereof; to amend chapter 435 of the laws of
1997, amending the military law and other laws relating to various
provisions, in relation to extending the expiration date of the merit
provisions of the correction law and the penal law of such chapter; to
amend chapter 412 of the laws of 1999, amending the civil practice law
and rules and the court of claims act relating to prisoner litigation
reform, in relation to extending the expiration of the inmate filing
fee provisions of the civil practice law and rules and general filing
fee provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001 amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018, amending the criminal procedure law relating to the pre-criminal
proceeding settlements in the City of New York, in relation to the
effectiveness thereof (Part A); intentionally omitted (Part B); to
amend the public health law, in relation to authorizing body scanner
utilization in the department of corrections and community supervision
(Part C); intentionally omitted (Part D); to amend the executive law,
in relation to the reporting of certain criminal offenses to a central
repository (Part E); to amend the penal law, in relation to certain
crimes relating to the possession of a firearm (Subpart A); and to
amend the penal law, in relation to the purchase and sale of semiauto-
matic rifles (Subpart B) (Part F); to amend the state finance law and
executive law, in relation to establishing a hazard mitigation revolv-
ing loan fund (Part G); to amend the volunteer firefighters' benefit
law and the general municipal law, in relation to permitting the
paying of a stipend to volunteer firefighters; and to amend the tax
law, in relation to increasing the volunteer firefighters' and ambu-
S. 4005--B 3
lance workers' credit (Part H); intentionally omitted (Part I); to
amend the military law, in relation to the expansion of eligibility
for World Trade Center death and disability benefits for members of
New York's organized militia (Part J); intentionally omitted (Part K);
to amend the alcoholic beverage control law, in relation to the issu-
ance of temporary wholesale permits (Part L); intentionally omitted
(Part M); intentionally omitted (Part N); to amend the alcoholic
beverage control law, in relation to the issuance of temporary retail
permits, and to amend chapter 396 of the laws of 2010 amending the
alcoholic beverage control law relating to liquidator's permits and
temporary retail permits, in relation to the effectiveness thereof
(Part O); to amend the county law and the judiciary law, in relation
to entitled compensation for client representation (Part P); to amend
chapter 303 of the laws of 1988, relating to the extension of the
state commission on the restoration of the capitol, in relation to
extending such provisions for an additional five years (Part Q); to
amend the state finance law, in relation to methods of procurement;
and repealing certain provisions of such law relating thereto (Part
R); to amend the civil service law, in relation to competitive work-
force expansion and retention (Part S); to amend the civil service
law, in relation to employment and transfer of certain persons with
disabilities (Part T); intentionally omitted (Part U); to amend part
HH of chapter 56 of the laws of 2022 amending the retirement and
social security law relating to waiving approval and income limita-
tions on retirees employed in school districts and board of cooper-
ative educational services, in relation to the effectiveness thereof
(Part V); to amend the retirement and social security law, in relation
to allowing participating employers of the New York state and local
retirement system to withdraw from the contribution stabilization
program (Part W); intentionally omitted (Part X); to amend the general
municipal law, in relation to moving the special accidental death
benefit appropriation from the department of audit and control to the
general fund's miscellaneous all state department and agencies (Part
Y); to amend the executive law, in relation to the first class of the
commission on ethics and lobbying in government (Part Z); to amend the
tax law and part C of chapter 2 of the laws of 2005 amending the tax
law relating to exemptions from sales and use taxes, in relation to
extending certain provisions thereof; to amend the general city law
and the administrative code of the city of New York, in relation to
extending certain provisions relating to specially eligible premises
and special rebates; to amend the administrative code of the city of
New York, in relation to extending certain provisions relating to
exemptions and deductions from base rent; to amend the real property
tax law, in relation to extending certain provisions relating to
eligibility periods and requirements; to amend the real property tax
law, in relation to extending certain provisions relating to eligi-
bility periods and requirements, benefit periods and applications for
abatements; and to amend the administrative code of the city of New
York, in relation to extending certain provisions relating to a
special reduction in determining the taxable base rent (Part AA);
intentionally omitted (Part BB); providing for the administration of
certain funds and accounts related to the 2023-2024 budget, authoriz-
ing certain payments and transfers; to amend the state finance law, in
relation to the administration of certain funds and accounts; to amend
the military law, in relation to the deposit of funds for the use of
armories; to amend the state finance law, in relation to the rainy day
S. 4005--B 4
reserve fund; 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 issu-
ance of certain bonds or notes; to amend part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, in relation to the
issuance of certain bonds or notes; to amend the public authorities
law, in relation to the issuance of certain bonds or notes; to amend
part K of chapter 81 of the laws of 2002 relating to providing for the
administration of certain funds and accounts related to the 2002-2003
budget, in relation to the issuance of certain bonds and notes; to
amend part D of chapter 63 of the laws of 2005 relating to the compo-
sition and responsibilities of the New York state higher education
capital matching grant board, in relation to the issuance of certain
bonds and notes; to amend the New York state medical care facilities
finance agency act, in relation to the issuance of certain bonds or
notes; to amend the New York state urban development corporation act,
in relation to the issuance of certain bonds or notes; to amend chap-
ter 329 of the laws of 1991, amending the state finance law and other
laws relating to the establishment of the dedicated highway and bridge
trust fund, in relation to the issuance of certain bonds or notes; to
amend the public authorities law, in relation to the issuance of
certain bonds or notes; to amend the private housing finance law, in
relation to housing program bonds and notes; to amend the New York
state urban development corporation act, in relation to the nonprofit
infrastructure capital investment program; to amend the New York state
urban development corporation act, in relation to permitting the
dormitory authority, the New York state urban development corporation,
and the thruway authority to issue bonds for the purpose of refunding
obligations of the power authority of the state of New York to fund
energy efficiency projects at state agencies; to amend the public
authorities law, in relation to financing of metropolitan transporta-
tion authority (MTA) transportation facilities; to amend the state
finance law, in relation to payments of bonds; and providing for the
repeal of certain provisions upon expiration thereof (Part CC); to
amend the election law, the education law, the civil practice law and
rules, and the state finance law, in relation to regulating public
data maintained by county and city boards of elections and establish-
ing the New York voting and elections database and institute to main-
tain a statewide database of voting and election data (Part DD); to
amend the election law, in relation to enacting the "democracy preser-
vation act"; and in relation to prohibiting contributions by foreign-
influenced business entities and requiring certification (Part EE); to
amend the tax law, in relation to subtracting from the federal
adjusted gross income any income earned by election inspectors, poll
clerks, or election coordinators; and to amend the social services
law, in relation to exempting income earned by election inspectors,
poll clerks, or election coordinators from being included in the
calculation of the amount of benefits under public assistance programs
(Part FF); to amend the election law, in relation to the compensation
of election inspectors and coordinators (Part GG); to amend the
election law, in relation to establishing minimum staffing levels for
local board of elections (Part HH); to amend the election law, in
relation to making commissioners full time employees of the board
(Part II); to amend the election law, in relation to mandatory train-
ing curriculum for poll workers (Part JJ); to amend the election law,
S. 4005--B 5
in relation to mandatory training curriculum for election commission-
ers and key staff of boards of elections (Part KK); in relation to
establishing the New York state aid and incentives for municipalities
redesign task force; and providing for the repeal of such provisions
upon expiration thereof (Part LL); to amend the executive law, in
relation to establishing the office of Native American affairs (Part
MM); to amend the executive law, in relation to establishing the New
York Asian American and Pacific Islander commission (Part NN); in
relation to amending state construction and commodity contracts to
provide equitable relief to contractors who have sustained unantic-
ipated expenses by reason of construction materials price escalation;
and providing for the repeal of such provisions upon the expiration
thereof(Part OO); to amend the state law, in relation to the
description of the arms of the state and the state flag (Part PP); to
amend the executive law, in relation to establishing the office of
racial equity and social justice (Part QQ); to amend the family court
act, in relation to the hours of operation for family courts; and
providing for the repeal of such provisions upon expiration thereof
(Part RR); to amend the penal law, in relation to fees charged for a
license to carry or possess a pistol or revolver in the county of
Westchester (Part SS); to amend the correction law, in relation to
incarcerated individuals with a serious mental illness (Part TT); to
amend the criminal procedure law, the executive law and the correction
law, in relation to automatic sealing of certain convictions (Part
UU); to amend the state technology law, in relation to establishing a
database of inventories of information systems maintained by or on
behalf of state entities (Part VV); to amend the retirement and social
security law, in relation to authorizing police/fire members of the
New York city fire department pension fund to obtain credit for
service as an EMT member (Part WW); to amend the judiciary law, in
relation to audio-visual coverage of judicial proceedings; and to
repeal section 218 of the judiciary law and section 52 of the civil
rights law relating thereto (Part XX); to amend the education law, in
relation to the New York state district attorney and indigent legal
services attorney loan forgiveness program (Part YY); intentionally
omitted (Part ZZ); to amend the general municipal law, in relation to
the Orange county industrial development agency and an appointment of
a monitor; to amend the public authorities law, in relation to the
powers and duties of the authorities budget office; and providing for
the repeal of certain provisions of the general municipal law upon
expiration thereof (Part AAA); to amend the retirement and social
security law, in relation to increasing the earning limitations for
retired persons in positions of public service (Part BBB); to amend
the retirement and social security law, in relation to the calculation
of past service credit for police officers employed by the division of
law enforcement in the department of environmental protection in the
city of New York transferring between the New York city employees'
retirement system to the New York state and local police and fire
retirement system (Part CCC); to amend the judiciary law, in relation
to requiring the chief administrator of the courts to provide certain
reports related to the office of court administration (Part DDD); to
amend the retirement and social security law, in relation to providing
certain death benefits to correction officers, correction officer-ser-
geants, correction officer-captains, assistant wardens, associate
wardens or wardens employed by Westchester county (Part EEE); and to
amend the retirement and social security law, in relation to providing
S. 4005--B 6
certain death benefits to county fire marshals, supervising fire
marshals, fire marshals, assistant fire marshals, assistant chief fire
marshals, chief fire marshals and division supervising fire marshals
employed by Nassau county (Part FFF)
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 2023-2024 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through FFF. 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. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2023] 2025.
§ 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2023] 2025, when it
shall expire and be deemed repealed.
§ 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2023] 2025.
§ 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2023] 2025 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of corrections and community supervision
S. 4005--B 7
shall report each January first and July first during such time as the
earned eligibility program is in effect, to the chairmen of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the standards in effect for earned eligibility during the prior
six-month period, the number of inmates subject to the provisions of
earned eligibility, the number who actually received certificates of
earned eligibility during that period of time, the number of inmates
with certificates who are granted parole upon their first consideration
for parole, the number with certificates who are denied parole upon
their first consideration, and the number of individuals granted and
denied parole who did not have earned eligibility certificates.
§ 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part A of chapter 55 of the laws
of 2021, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2023] 2025 and be applicable
to all persons entering the program on or before August 31, [2023] 2025.
§ 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter 55 of
the laws of 2021, is amended to read as follows:
§ 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2023] 2025, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
§ 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994, enacting the
state operations budget, as amended by section 7 of part A of chapter 55
of the laws of 2021, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2023] 2025; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
§ 8. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part A of chapter 55 of
the laws of 2021, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2023] 2025;
§ 9. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part A of chap-
ter 55 of the laws of 2021, is amended to read as follows:
S. 4005--B 8
§ 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2023] 2025 on which date those
provisions shall be deemed to be repealed.
§ 10. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 12 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2023] 2025, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2023] 2025 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
S. 4005--B 9
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [twenty-three] TWENTY-
FIVE.
§ 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 14 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2023] 2025 when upon such date the provisions of this act shall be
deemed repealed.
§ 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2023] 2025;
§ 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part A of chap-
ter 55 of the laws of 2021, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2023]
2025, when upon such date it shall expire.
§ 15. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 17 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2023]
2025.
§ 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
S. 4005--B 10
section 18 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2023] 2025, when upon such
date the provisions of this act shall be deemed repealed.
§ 17. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part A of chapter 55 of the laws of 2021, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2023] 2025;
§ 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
inal procedure law relating to electronic court appearance in certain
counties, as amended by section 20 of part A of chapter 55 of the laws
of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2023] 2025 when upon such date the provisions of this act
shall be deemed repealed.
§ 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2023] 2025, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
§ 20. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
S. 4005--B 11
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part A of chapter
55 of the laws of 2021, is amended to read as follows:
§ 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2023] 2025.
§ 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
the military law relating to military funds of the organized militia, as
amended by section 23 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 3. This act shall take effect immediately; provided however that the
amendments made to subdivision 1 of section 221 of the military law by
section two of this act shall expire and be deemed repealed September 1,
[2023] 2025.
§ 22. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 24 of part A of
chapter 55 of the laws of 2021, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2023] 2025, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
§ 23. Section 2 of part F of chapter 55 of the laws of 2018, amending
the criminal procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, as amended by section 25 of part A of
chapter 55 of the laws of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2023] 2025, when it shall expire and
be deemed repealed.
§ 24. This act shall take effect immediately.
PART B
Intentionally Omitted
PART C
Section 1. Subparagraphs (i) and (ii) of paragraph (a), paragraph (b),
subparagraphs (i), (ii), (iii) and (v) of paragraph (c), paragraph (e)
and the opening paragraph and subparagraphs (i) and (ii) of paragraph
(f) of subdivision 6 of section 3502 of the public health law, subpara-
graph (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii) and
(v) of paragraph (c), paragraph (e) and the opening paragraph of para-
graph (f) as added by chapter 313 of the laws of 2018, subparagraph (i)
of paragraph (a), subparagraph (ii) of paragraph (c), and subparagraphs
(i) and (ii) of paragraph (f) as amended by chapter 486 of the laws of
2022, are amended to read as follows:
S. 4005--B 12
(i) Notwithstanding the provisions of this section or any other
provision of law, rule or regulation to the contrary, licensed practi-
tioners, persons licensed under this article and unlicensed personnel
employed at a STATE OR local correctional facility[may], in a manner
permitted by the regulations promulgated pursuant to this subdivision,
utilize body imaging scanning equipment that applies ionizing radiation
to humans for purposes of screening [incarcerated] individuals DETAINED
IN OR committed to such facility AND VISITORS VISITING SUCH FACILITY, in
connection with the implementation of such facility's security program.
(ii) The utilization of such body imaging scanning equipment shall be
in accordance with regulations promulgated by the department, or FOR
LOCAL CORRECTIONAL FACILITIES in cities having a population of two
million or more, such utilization shall be in accordance with regu-
lations promulgated by the New York city department of health and mental
hygiene. THE STATE COMMISSION OF CORRECTION, IN CONSULTATION WITH THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, SHALL PROMULGATE
REGULATIONS ESTABLISHING WHEN BODY IMAGING SCANNING EQUIPMENT WILL BE
USED TO SCREEN VISITORS IN STATE AND LOCAL CORRECTIONAL FACILITIES.
(b) Prior to establishing, maintaining or operating in a STATE OR
local correctional facility, any body imaging scanning equipment, the
chief administrative officer of the facility shall ensure that such
facility is in compliance with the regulations promulgated pursuant to
this subdivision and otherwise applicable requirements for the installa-
tion, registration, maintenance, operation and inspection of body imag-
ing scanning equipment.
(i) A requirement that prior to operating body imaging scanning equip-
ment, unlicensed personnel employed at STATE OR local correctional
facilities, shall have successfully completed a training course approved
by the department, or FOR LOCAL CORRECTIONAL FACILITIES in cities of two
million or more, approved by the New York city department of health and
mental hygiene, and that such personnel receive additional training on
an annual basis;
(ii) Limitations on exposure which shall be no more than fifty percent
of the annual exposure limits for non-radiation workers as specified by
applicable regulations, except that [incarcerated] individuals under the
age of eighteen shall not be subject to more than five percent of such
annual exposure limits, and pregnant women shall not be subject to such
scanning at any time. Procedures for identifying pregnant women shall be
set forth in the regulations;
(iii) Registration with the department of each body imaging scanning
machine purchased or installed at a STATE OR local correctional facili-
ty;
(v) A requirement that records be kept regarding each use of body
imaging scanning equipment by the STATE OR local correctional facility.
(e) For the purposes of this subdivision[,]:
(I) "[local] LOCAL correctional facility" shall have the same meaning
as found in subdivision sixteen of section two of the correction law.
(II) "STATE CORRECTIONAL FACILITY" SHALL MEAN A "CORRECTIONAL FACILI-
TY" AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW.
Any local government agency that utilizes body imaging scanning equip-
ment in a STATE OR local correctional facility under its jurisdiction
shall submit an annual report to the department, the speaker of the
assembly, and the temporary president of the senate. IF BODY IMAGING
SCANNING EQUIPMENT IS UTILIZED IN ONE OR MORE STATE CORRECTIONAL FACILI-
TIES, THEN THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AS
APPLICABLE, SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT, THE SPEAKER
S. 4005--B 13
OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE. Such report
BY EITHER THE LOCAL GOVERNMENT AGENCY OR THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION shall be submitted within eighteen months
after the initial date of registration of such equipment with the
department, and annually thereafter, and shall contain the following
information as to each such facility:
(i) the number of times the equipment was used on [incarcerated] indi-
viduals DETAINED IN, COMMITTED TO OR VISITING THE FACILITY upon intake,
BEFORE VISITS, after visits, and upon the suspicion of contraband, as
well as any other event that triggers the use of such equipment;
(ii) the average, median, and highest number of times the equipment
was used on any [incarcerated] individual DETAINED IN, COMMITTED TO OR
VISITING THE FACILITY, with corresponding exposure levels;
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however, that the amendments to
subdivision 6 of section 3502 of the public health law made by section
one of this act shall not affect the repeal of such subdivision and
shall be deemed repealed therewith. 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 D
Intentionally Omitted
PART E
Section 1. The executive law is amended by adding a new section 236 to
read as follows:
§ 236. CRIMINAL OFFENSES INVOLVING THE DISCHARGE OF ANY FIREARM, SHOT-
GUN, OR RIFLE. 1. THE DIVISION OF STATE POLICE SHALL MAINTAIN A STATE-
WIDE REPOSITORY OF DATA RELATING TO CRIMINAL OFFENSES INVOLVING THE
DISCHARGE OF ANY FIREARM, SHOTGUN, OR RIFLE AND SHALL DEVELOP AND IMPLE-
MENT A PROGRAM TO PROVIDE FOR THE COLLECTION OF SUCH DATA AND THE
REPORTING THEREOF BY LAW ENFORCEMENT AGENCIES. THE SUPERINTENDENT OF THE
DIVISION OF STATE POLICE SHALL ADOPT AND PROMULGATE REGULATIONS
PRESCRIBING REPORTING PROCEDURES FOR SUCH STATE OR LOCAL LAW ENFORCEMENT
AGENCIES, INCLUDING THE FORM FOR REPORTING SUCH INFORMATION. DATA
ACQUIRED BY LAW ENFORCEMENT AGENCIES RELATING TO CRIMINAL OFFENSES
INVOLVING THE DISCHARGE OF ANY FIREARM, SHOTGUN, OR RIFLE SHALL BE SENT
TO THE REPOSITORY AS SOON AS PRACTICABLE, BUT IN NO CASE MORE THAN
SEVENTY-TWO HOURS AFTER THE AGENCY HAS DETERMINED THAT THE FIREARM,
RIFLE, OR SHOTGUN DISCHARGE OCCURRED IN CONNECTION WITH A CRIMINAL
OFFENSE. IN ADDITION TO ANY OTHER INFORMATION WHICH THE SUPERINTENDENT
OF THE DIVISION OF STATE POLICE MAY REQUIRE, THE REPORTING SHALL
INCLUDE: (A) THE LOCATION OF THE INCIDENT; (B) THE NATURE OF THE CRIMI-
NAL OFFENSE AND THE CIRCUMSTANCES OF THE FIREARM, RIFLE, OR SHOTGUN
DISCHARGE; (C) THE NATURE AND EXTENT OF ANY INJURIES SUFFERED AS A
RESULT OF THE FIREARM, RIFLE, OR SHOTGUN DISCHARGE; (D) THE FIREARM,
RIFLE, OR SHOTGUN MANUFACTURER, MODEL, SERIAL NUMBER, CALIBER, AND ANY
AMMUNITION MICROSTAMPING IDENTIFIER; (E) WHETHER THE FIREARM, RIFLE, OR
SHOTGUN HAS BEEN RECOVERED BY A LAW ENFORCEMENT AGENCY; (F) WHETHER AN
ARREST HAS BEEN MADE AND, IF SO, THE CRIMES CHARGED; AND (G) ANY INFOR-
S. 4005--B 14
MATION RELATED TO ANY AMMUNITION CARTRIDGE CASES RECOVERED AT THE SCENE
INCLUDING, BUT NOT LIMITED TO, THE CALIBER AND MANUFACTURER.
2.(A) SUCH REPOSITORY SHALL NOT INCLUDE PERSONALLY IDENTIFIABLE INFOR-
MATION.
(B) FOR THE PURPOSES OF THIS SECTION, "PERSONALLY IDENTIFIABLE INFOR-
MATION" SHALL MEAN ANY INFORMATION CONCERNING A PERSON, WHICH, BECAUSE
OF A NAME, NUMBER, OR OTHER IDENTIFIERS, CAN BE USED TO IDENTIFY SUCH
PERSON, INCLUDING A PERSON'S FULL NAME, RESIDENTIAL ADDRESS (BUT NOT
CITY, COUNTY, OR THE 5-DIGIT ZIP CODE), DATE OF BIRTH, SOCIAL SECURITY
NUMBER, DRIVER'S LICENSE NUMBER, PASSPORT NUMBER, PHONE NUMBER, BIOME-
TRIC INFORMATION, MEANING DATA GENERATED BY ELECTRONIC MEASUREMENTS OF
AN INDIVIDUAL'S UNIQUE PHYSICAL CHARACTERISTICS, SUCH AS A FINGERPRINT,
OR OTHER UNIQUE PHYSICAL REPRESENTATION OF BIOMETRIC DATA WHICH ARE USED
TO ASCERTAIN A PERSON'S IDENTITY AND ANY OTHER BIOMETRIC INFORMATION
THAT COULD BE USED TO IDENTIFY A PERSON.
3. DATA COLLECTED FOR THE PURPOSES OF BEING STORED IN THE REPOSITORY
SHALL NOT CONTAIN OR INCLUDE PERSONALLY IDENTIFIABLE INFORMATION THAT
MAY REVEAL THE IDENTITY OF ANY INDIVIDUAL OR PERSON.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART F
Section 1. This act enacts into law components of legislation relating
to firearms and body armor. Each component is wholly contained within a
Part identified as Subparts A through B. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section two
of this act sets forth the general effective date of this act.
SUBPART A
Section 1. Section 265.01-e of the penal law, as added by chapter 371
of the laws of 2022, is amended to read as follows:
§ 265.01-e Criminal possession of a firearm, rifle or shotgun in a
sensitive location.
1. A person is guilty of criminal possession of a firearm, rifle or
shotgun in a sensitive location when such person possesses a firearm,
rifle or shotgun in or upon a sensitive location, and such person knows
or reasonably should know such location is a sensitive location.
2. For the purposes of this section, a sensitive location shall mean:
(a) any place owned or under the control of federal, state or local
government, for the purpose of government administration, including
courts;
(b) any location providing health, behavioral health, or chemical
dependance care or services;
(c) any place of worship [or religious observation], EXCEPT FOR THOSE
PERSONS RESPONSIBLE FOR SECURITY AT SUCH PLACE OF WORSHIP;
(d) libraries, public playgrounds, public parks, and zoos, PROVIDED,
HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO THE POSSESSION OF A
FIREARM WITHIN THE ADIRONDACK PARK AND CATSKILL PARK THAT IS OTHERWISE
PERMITTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE ENVI-
RONMENTAL CONSERVATION LAW;
S. 4005--B 15
(e) the location of any program licensed, regulated, certified, fund-
ed, or approved by the office of children and family services that
provides services to children, youth, or young adults, any legally
exempt childcare provider; a childcare program for which a permit to
operate such program has been issued by the department of health and
mental hygiene pursuant to the health code of the city of New York;
(f) nursery schools, preschools, and summer camps;
(g) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office for people with developmental disabili-
ties;
(h) the location of any program licensed, regulated, certified, oper-
ated, or funded by office of addiction services and supports;
(i) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office of mental health;
(j) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office of temporary and disability assistance;
(k) homeless shelters, runaway homeless youth shelters, family shel-
ters, shelters for adults, domestic violence shelters, and emergency
shelters, and residential programs for victims of domestic violence;
(l) residential settings licensed, certified, regulated, funded, or
operated by the department of health;
(m) in or upon any building or grounds, owned or leased, of any educa-
tional institutions, colleges and universities, licensed private career
schools, school districts, public schools, private schools licensed
under article one hundred one of the education law, charter schools,
non-public schools, board of cooperative educational services, special
act schools, preschool special education programs, private residential
or non-residential schools for the education of students with disabili-
ties, and any state-operated or state-supported schools;
(n) any place, conveyance, or vehicle used for public transportation
or public transit, subway cars, train cars, buses, ferries, railroad,
omnibus, marine or aviation transportation; or any facility used for or
in connection with service in the transportation of passengers,
airports, train stations, subway and rail stations, and bus terminals;
(o) any establishment [issued a] HOLDING AN ACTIVE license for
on-premise consumption pursuant to article four, four-A, five, or six of
the alcoholic beverage control law where alcohol is consumed and any
establishment licensed under article four of the cannabis law for
on-premise consumption;
(p) any place used for the performance, art entertainment, gaming, or
sporting events such as theaters, stadiums, racetracks, museums, amuse-
ment parks, performance venues, concerts, exhibits, conference centers,
banquet halls, and gaming facilities and video lottery terminal facili-
ties as licensed by the gaming commission;
(q) any location being used as a polling place;
(r) any public sidewalk or other public area restricted from general
public access for a limited time or special event that has been issued a
permit for such time or event by a governmental entity, or subject to
specific, heightened law enforcement protection, or has otherwise had
such access restricted by a governmental entity, provided such location
is identified as such by clear and conspicuous signage;
(s) any gathering of individuals to collectively express their consti-
tutional rights to protest or assemble;
(t) the area commonly known as Times Square, as such area is deter-
mined and identified by the city of New York; provided such area shall
be clearly and conspicuously identified with signage.
S. 4005--B 16
3. This section shall not apply to:
(a) [consistent with federal law, law enforcement who qualify to carry
under the federal law enforcement officers safety act,] QUALIFIED LAW
ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS
PURSUANT TO 18 U.S.C 926B, OR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS
WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS PURSUANT TO 18 U.S.C.
926C;
(b) persons who are police officers as defined in subdivision thirty-
four of section 1.20 of the criminal procedure law;
(c) persons who are designated peace officers by section 2.10 of the
criminal procedure law;
(d) persons who were employed as police officers as defined in subdi-
vision thirty-four of section 1.20 of the criminal procedure law but are
retired;
(e) security guards as defined by and registered under article seven-A
of the general business law, who have been granted a special armed
registration card, while at the location of their employment and during
their work hours as such a security guard;
(f) active-duty military personnel;
(g) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties;
(h) a government employee under the express written consent of such
employee's supervising government entity for the purposes of natural
resource protection and management;
(i) persons WHILE lawfully engaged in TAKING OF WILDLIFE OR ATTEMPTS
TO TAKE WILDLIFE PURSUANT TO A hunting [activity, including hunter
education training] LICENSE, PERMIT OR LICENSE ISSUED BY THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, OR AS OTHERWISE AUTHORIZED PURSUANT TO
THE ENVIRONMENTAL CONSERVATION LAW, AND PERSONS WHILE ENGAGED IN HUNTER
EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION OR
TRAINING, OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS; [or]
(j) persons operating a program in a sensitive location out of their
residence, [as defined by this section,] which is licensed, certified,
authorized, or funded by the state or a municipality, so long as such
possession is in compliance with any rules or regulations applicable to
the operation of such program and use or storage of firearms;
(K) PERSONS, WHILE ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
ARE EMPLOYED IN THE REVENUE CONTROL AND SECURITY DEPARTMENTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY, OR THE NEW YORK CITY TRANSIT
AUTHORITY OR AN AFFILIATE OR SUBSIDIARY THEREOF, WHO ARE AUTHORIZED TO
CARRY A FIREARM AS PART OF THEIR EMPLOYMENT;
(L) PERSONS WHILE ENGAGED IN HISTORICAL REENACTMENTS OR MOTION PICTURE
OR THEATRICAL PRODUCTIONS, OR WHILE PROVIDING AN EDUCATIONAL DEMON-
STRATION REGARDING HISTORICAL WEAPONS OR WARFARE;
(M) PERSONS, WHILE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES,
RESPONSIBLE FOR STORAGE OR DISPLAY OF ANTIQUE FIREARMS, RIFLES OR SHOT-
GUNS AT MUSEUMS AND HISTORIC SITES;
(N) PERSONS WHILE PARTICIPATING IN MILITARY CEREMONIES, FUNERALS, AND
HONOR GUARDS;
(O) PERSONS WHILE LAWFULLY ENGAGING IN LEARNING, PRACTICING, TRAINING
FOR, COMPETING IN, OR TRAVELLING INTO OR WITHIN THE STATE TO LEARN,
PRACTICE, TRAIN FOR, OR COMPETE IN, THE SPORT OF BIATHLON; OR
(P) PERSONS ENGAGING IN FIREARM SAFETY SHOOTING INSTRUCTION CONDUCTED
AT A CAMP REGULATED BY ARTICLE THIRTEEN-B OR FOURTEEN OF THE PUBLIC
HEALTH LAW OR OPERATING PURSUANT TO A TEMPORARY RESIDENCE PERMIT AS
S. 4005--B 17
REQUIRED BY PARAGRAPH (O) OF SUBDIVISION FIVE OF SECTION TWO HUNDRED
TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND ANY REGULATIONS PROMULGATED BY
THE COMMISSIONER OF HEALTH, AT AN APPROVED SHOOTING RANGE, PROVIDED THAT
SUCH INSTRUCTION IS UNDER THE DIRECTION OF A CERTIFIED SHOOTING INSTRUC-
TOR.
Criminal possession of a firearm, rifle or shotgun in a sensitive
location is a class E felony.
§ 2. Section 265.01-d of the penal law, as added by chapter 371 of the
laws of 2022, is amended to read as follows:
§ 265.01-d Criminal possession of a weapon in a restricted location.
1. A person is guilty of criminal possession of a weapon in a
restricted location when such person possesses a firearm, rifle, or
shotgun and enters into or remains on or in private property where such
person knows or reasonably should know that the owner or lessee of such
property has not permitted such possession by clear and conspicuous
signage indicating that the carrying of firearms, rifles, or shotguns on
their property is permitted or [has] BY otherwise [given] GIVING express
consent.
2. This section shall not apply to:
(a) police officers as defined in section 1.20 of the criminal proce-
dure law;
(b) persons who are designated peace officers as defined in section
2.10 of the criminal procedure law;
(c) [persons who were employed as police officers as defined in
section 1.20 of the criminal procedure law, but are] QUALIFIED LAW
ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS
PURSUANT TO 18 U.S.C. 926B, OR QUALIFIED retired LAW ENFORCEMENT OFFI-
CERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS PURSUANT TO 18
U.S.C. 926C;
(d) security guards as defined by and registered under article seven-A
of the general business law who has been granted a special armed regis-
tration card, while at the location of their employment and during their
work hours as such a security guard;
(e) active-duty military personnel;
(f) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties; [or]
(g) persons WHILE lawfully engaged in TAKING OF WILDLIFE OR ATTEMPTS
TO TAKE WILDLIFE PURSUANT TO A hunting [activity] LICENSE, PERMIT OR
LICENSE ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR AS
OTHERWISE AUTHORIZED PURSUANT TO SECTION 11-0707 AND 11-0709 OF THE
ENVIRONMENTAL CONSERVATION LAW, AND PERSONS WHILE ENGAGED IN HUNTER
EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION OR
TRAINING, OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS; OR
(H) PERSONS, WHILE ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
ARE EMPLOYED IN THE REVENUE CONTROL AND SECURITY DEPARTMENTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY, OR THE NEW YORK CITY TRANSIT
AUTHORITY OR AN AFFILIATE OR SUBSIDIARY THEREOF, WHO ARE AUTHORIZED TO
CARRY A FIREARM AS PART OF THEIR EMPLOYMENT.
Criminal possession of a weapon in a restricted location is a class E
felony.
§ 3. Subdivision 2 of section 265.45 of the penal law, as added by
chapter 371 of the laws of 2022, is amended to read as follows:
2. No person shall store or otherwise leave a rifle, shotgun, or
firearm out of [his or her] SUCH PERSON'S immediate possession or
control inside a vehicle without first removing the ammunition from and
S. 4005--B 18
securely locking such rifle, shotgun, or firearm in an appropriate safe
storage depository out of sight from outside of the vehicle; PROVIDED,
HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO POLICE OFFICERS AS DEFINED
PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW OR QUALIFIED LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED
TO CARRY CONCEALED FIREARMS PURSUANT TO 18 U.S.C. 926B, WHILE SUCH
POLICE OFFICER OR QUALIFIED LAW ENFORCEMENT OFFICER IS ACTING IN THE
COURSE OF SUCH PERSON'S OFFICIAL DUTIES, OR PERSONS IN THE MILITARY
SERVICE OF THE UNITED STATES OR THE STATE OF NEW YORK WHEN ACTING IN THE
COURSE OF SUCH PERSON'S OFFICIAL MILITARY DUTY OR EMPLOYMENT.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. This act shall take effect immediately.
SUBPART B
Section 1. Section 265.65 of the penal law, as added by chapter 212 of
the laws of 2022, is amended and a new section 265.65-a is added to read
as follows:
§ 265.65 Criminal purchase of a semiautomatic rifle IN THE SECOND
degree.
A person is guilty of criminal purchase of a semiautomatic rifle IN
THE SECOND DEGREE when [he or she] SUCH PERSON purchases or takes
possession of a semiautomatic rifle and does not possess a license to
purchase or take possession of a semiautomatic rifle as provided in
subdivision two of section 400.00 of this chapter. [Criminal purchase
of a semiautomatic rifle is a class A misdemeanor for the first offense
and a class E felony for subsequent offenses] THIS SECTION SHALL NOT
APPLY TO POLICE OFFICERS, AS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED
PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, EXCEPT THOSE
PEACE OFFICERS WHO ARE NOT AUTHORIZED UNDER SUCH SECTION TO CARRY OR
POSSESS A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFORE HAS BEEN
ISSUED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, PERSONS IN THE MILI-
TARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW YORK WHEN ACTING
IN THE COURSE OF THEIR OFFICIAL MILITARY DUTIES OR EMPLOYMENT, OR DEAL-
ERS IN FIREARMS AS DEFINED PURSUANT TO SUBDIVISION NINE OF SECTION
265.00 OF THIS ARTICLE.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE SECOND DEGREE IS A
CLASS A MISDEMEANOR.
§ 265.65-A CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN
THE FIRST DEGREE WHEN SUCH PERSON:
1. PURCHASES OR TAKES POSSESSION OF A SEMIAUTOMATIC RIFLE AND DOES NOT
POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF SUCH SEMIAUTOMATIC
RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS CHAPTER.
THIS SECTION SHALL NOT APPLY TO POLICE OFFICERS AS DEFINED PURSUANT TO
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
PEACE OFFICERS AS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW, PERSONS IN THE MILITARY SERVICE OF THE UNITED STATES OR
THE STATE OF NEW YORK WHEN ACTING IN THE COURSE OF THEIR OFFICIAL MILI-
TARY DUTIES OR EMPLOYMENT, OR DEALERS IN FIREARMS AS DEFINED PURSUANT TO
SUBDIVISION NINE OF SECTION 265.00 OF THIS ARTICLE; AND
S. 4005--B 19
2. HAS BEEN CONVICTED OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN
THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE FIRST DEGREE IS A
CLASS E FELONY.
§ 2. Section 265.66 of the penal law, as added by chapter 212 of the
laws of 2022, is amended to read as follows:
§ 265.66 Criminal sale of a semiautomatic rifle.
A person is guilty of criminal sale of a semiautomatic rifle when,
knowing or having reason to know it is a semiautomatic rifle, [he or
she] SUCH PERSON sells, exchanges, gives or disposes of a semiautomatic
rifle to another person and such other person does not possess a license
to purchase or take possession of a semiautomatic rifle as provided in
subdivision two of section 400.00 of this chapter. THIS SECTION SHALL
NOT APPLY TO A SALE, EXCHANGE, OR OTHER DISPOSITION OF A SEMIAUTOMATIC
RIFLE TO A PERSON WHO IS A POLICE OFFICER AS DEFINED PURSUANT TO SUBDI-
VISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A
PEACE OFFICER AS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCE-
DURE LAW, EXCEPT THOSE PEACE OFFICERS WHO ARE NOT AUTHORIZED UNDER SUCH
SECTION TO CARRY OR POSSESS A FIREARM UNLESS THE APPROPRIATE LICENSE
THEREFORE HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, A
PERSON IN THE MILITARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW
YORK WHEN ACTING IN THE COURSE OF THEIR OFFICIAL MILITARY DUTIES OR
EMPLOYMENT, OR A DEALER IN FIREARMS AS DEFINED PURSUANT TO SUBDIVISION
NINE OF SECTION 265.00 OF THIS ARTICLE.
Criminal sale of a semiautomatic rifle is a class E felony.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
§ 2. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART G
Section 1. The state finance law is amended by adding a new section
99-qq to read as follows:
§ 99-QQ. HAZARD MITIGATION STATE REVOLVING LOAN FUND. 1. THERE IS
HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE STATE COMPTROLLER A NEW
FUND TO BE KNOWN AS THE "HAZARD MITIGATION REVOLVING LOAN FUND".
2. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED THEREFORE, ALL
MONEYS RECEIVED BY THE STATE PURSUANT TO A CAPITALIZATION GRANT FROM THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN ACCORDANCE WITH THE SAFEGUARDING
TOMORROW THROUGH ONGOING RISK MITIGATION ACT OF 2020 (STORM ACT) (P.L.
116-284), PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM THE
FUND, AND INTEREST EARNED ON AMOUNTS IN THE FUND.
3. MONEYS OF THE ACCOUNT, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
TO MAKE LOANS PURSUANT TO SECTION SEVEN HUNDRED NINETEEN OF THE EXECU-
TIVE LAW.
§ 2. The executive law is amended by adding a new section 719 to read
as follows:
§ 719. LOANS FOR ELIGIBLE HAZARD MITIGATION ACTIVITIES. 1. THE
COMMISSIONER MAY MAKE LOANS TO LOCAL GOVERNMENTS FOR ELIGIBLE HAZARD
MITIGATION ACTIVITIES, AS DEFINED IN THE STORM ACT AND CORRESPONDING
FEDERAL REGULATIONS, TO REDUCE DISASTER RISKS FOR HOMEOWNERS, BUSI-
NESSES, NON-PROFIT ORGANIZATIONS, AND COMMUNITIES SUBJECT TO AVAILABLE
S. 4005--B 20
FUNDS FOR SUCH PURPOSE PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE
FINANCE LAW.
2. THE COMMISSIONER MAY MAKE LOANS UNDER THIS SECTION SUBJECT TO SUCH
OTHER TERMS AND CONDITIONS OF THE STORM ACT, AND RELATED FEDERAL AND
STATE RULES, REGULATIONS, POLICIES AND GUIDELINES.
§ 3. This act shall take effect immediately.
PART H
Section 1. Section 2 of the volunteer firefighters' benefit law, as
amended by chapter 476 of the laws of 2018, is amended to read as
follows:
§ 2. Purpose. One of the finest traditions of American community life
is the service which people render to others [without remuneration].
Volunteer firefighters have long been in the forefront of this group. In
recognition of the unselfish service by these volunteers, government has
undertaken to provide for them and their families some measure of
protection against loss from death or injuries in line of duty. Over the
years there has developed a dual system of benefits when volunteer fire-
fighters are killed or injured. The dual system has caused uncertainty
and confusion. This law establishes a new single system of benefits for
volunteer firefighters and provides for the administration of such
system by the workers' compensation board and the chairman of such
board.
It is hereby declared that this chapter is intended to effectuate the
objects and purposes of section eighteen of article one of the state
constitution and that the relationship between the political subdivision
liable for benefits under this chapter and a volunteer firefighter enti-
tled to such benefits is that of employer and employee within the mean-
ing of such provision of the state constitution.
§ 2. Subdivision 3 of section 3 of the volunteer firefighters' benefit
law, as amended by chapter 458 of the laws of 1996, is amended to read
as follows:
3. "Line of duty" means the performance by a volunteer firefighter as
a volunteer firefighter of the duties and activities described in subdi-
vision one of section five of this chapter and the same such duties and
activities performed for a specialized team established pursuant to the
provisions of section two hundred nine-bb of the general municipal law
for which the volunteer firefighter does not receive any remuneration or
a gratuity and shall be deemed to include any date of injury as deter-
mined by the workers' compensation board pursuant to the provisions of
section forty-one of this chapter. The following shall not be deemed to
be remuneration or a gratuity: PAYMENT OF A STIPEND AS OUTLINED IN
SECTION TWO HUNDRED-AA OF THE GENERAL MUNICIPAL LAW; reimbursement of
expenses for meals, lodging and actual and necessary travel; the receipt
of a mileage allowance in lieu of travel expense; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of the general municipal law, and the acceptance of transporta-
tion, food, drink, shelter, clothing and similar items while on duty or
engaged in such activities.
§ 3. The general municipal law is amended by adding a new section
200-aa to read as follows:
§ 200-AA. STIPEND FOR VOLUNTEER FIREFIGHTERS. 1. FOR PURPOSES OF THIS
SECTION, "VOLUNTEER FIREFIGHTER" SHALL HAVE THE SAME MEANING AS DEFINED
IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
S. 4005--B 21
2. THE OFFICE OF FIRE PREVENTION AND CONTROL MAY MAKE AVAILABLE STATE
FUNDS THROUGH A STIPEND TO VOLUNTEER FIREFIGHTERS FOR COMPLETION OF
CERTAIN FIREFIGHTER TRAINING, AS IDENTIFIED AND PUBLISHED BY THE OFFICE
OF FIRE PREVENTION AND CONTROL.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. Paragraph (c) of subdivision 1 of section 205-g of the general
municipal law, as added by chapter 559 of the laws of 2006, is amended
to read as follows:
c. "Line of duty" means the performance by a volunteer firefighter of
the duties and activities described in subdivision one of section five
of the volunteer firefighters' benefit law and the same such duties and
activities performed for a specialized team established pursuant to the
provisions of section two hundred nine-bb of this article for which the
volunteer firefighter does not receive any remuneration or a gratuity
and shall be deemed to include any date of injury as determined by the
workers' compensation board pursuant to the provisions of section
forty-one of the volunteer firefighters' benefit law. The following
shall not be deemed to be remuneration or a gratuity: reimbursement of
expenses for meals, lodging and actual and necessary travel; the receipt
of a mileage allowance in lieu of travel expense; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of this chapter, [and] the acceptance of transportation, food,
drink, shelter, clothing and similar items while on duty or engaged in
such activities; AND PAYMENT OF A STIPEND AS OUTLINED IN SECTION 200-AA
OF THIS ARTICLE.
§ 9. Intentionally omitted.
§ 10. Subsection (e-1) of section 606 of the tax law, as added by
section 1 of part U of chapter 62 of the laws of 2006, paragraph 2 as
amended by chapter 532 of the laws of 2007, paragraph 3 as added and
paragraph 4 as renumbered by section 4 of part N of chapter 61 of the
laws of 2006, is amended to read as follows:
(e-1) Volunteer firefighters' and ambulance workers' credit. (1) For
taxable years beginning on and after January first, two thousand seven
AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE, a resident taxpayer
who serves as an active volunteer firefighter as defined in subdivision
one of section two hundred fifteen of the general municipal law or as a
volunteer ambulance worker as defined in subdivision fourteen of section
two hundred nineteen-k of the general municipal law shall be allowed a
credit against the tax imposed by this article equal to two hundred
dollars. FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-THREE, A RESIDENT TAXPAYER WHO SERVES AS AN ACTIVE
VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF SECTION TWO
HUNDRED FIFTEEN OF THE GENERAL MUNICIPAL LAW OR AS A VOLUNTEER AMBULANCE
WORKER AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED NINE-
TEEN-K OF THE GENERAL MUNICIPAL LAW SHALL BE ALLOWED A CREDIT AGAINST
THE TAX IMPOSED BY THIS ARTICLE EQUAL TO EIGHT HUNDRED DOLLARS. In order
to receive this credit a volunteer firefighter or volunteer ambulance
worker must have been active for the entire taxable year for which the
credit is sought.
(2) [If] FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOU-
SAND TWENTY-THREE, IF a taxpayer receives a real property tax exemption
relating to such service under title two of article four of the real
property tax law, such taxpayer shall not be eligible for this credit;
S. 4005--B 22
provided, however (A) if the taxpayer receives such real property tax
exemption in the two thousand seven taxable year as a result of making
application therefor in a prior year or (B) if the taxpayer notifies his
or her assessor in writing by December thirty-first, two thousand seven
of the taxpayer's intent to discontinue such real property tax exemption
by not re-applying for such real property tax exemption by the next
taxable status date, such taxpayer shall be eligible for this credit for
the two thousand seven taxable year. FOR TAXABLE YEARS BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, A TAXPAYER IS ELIGIBLE
FOR THIS CREDIT EVEN IF THEY RECEIVE A REAL PROPERTY TAX EXEMPTION
RELATING TO SUCH SERVICE UNDER TITLE TWO OF ARTICLE FOUR OF THE REAL
PROPERTY TAX LAW.
(3) In the case of [a husband and wife] SPOUSES who file a joint
return and who both individually qualify for the credit under this
subsection FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO
THOUSAND SEVEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE, the
amount of the credit allowed shall be four hundred DOLLARS. FOR TAXABLE
YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE,
THE AMOUNT OF THE CREDIT SHALL BE SIXTEEN HUNDRED dollars.
(4) If the amount of the credit allowed under this subsection for any
taxable year shall exceed the taxpayer's tax for such year, the excess
shall be treated as an overpayment of tax to be credited or refunded in
accordance with the provisions of section six hundred eighty-six of this
article, provided, however, that no interest shall be paid thereon.
§ 11. This act shall take effect immediately.
PART I
Intentionally Omitted
PART J
Section 1. Subdivisions 1 and 2 of section 217 of the military law,
subdivision 1 as amended by chapter 141 of the laws of 1988, and subdi-
vision 2 as amended by chapter 63 of the laws of 1976, are amended to
read as follows:
1. Any member of the organized militia who (A) shall be disabled or
has been so disabled in the performance of any actual service of this
state within three years preceding the application for a pension under
this chapter, in case of riots, tumults, breach of the peace, resistance
to process, invasion, insurrection or imminent danger thereof, or when-
ever called upon in aid of the civil authorities, or while engaged in
any lawfully ordered parade, drill, encampment or inspection, shall,
upon proof of the fact, as hereinafter provided, be placed on the disa-
bility retired roll of the state and shall receive out of any moneys in
the treasury of the state, not otherwise appropriated, upon the approval
of the chief of staff and approval of the governor, the same pension or
reward that persons under similar circumstances receive from the United
States[.], OR
(B) WAS ACTIVATED ON STATE ACTIVE DUTY ON OR AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE, AND PARTICIPATED IN WORLD TRADE CENTER SITE RESCUE,
RECOVERY, OR CLEANUP OPERATIONS AS PART OF SUCH STATE ACTIVE DUTY, AND
WHO IS DETERMINED TO HAVE INCURRED A QUALIFYING WORLD TRADE CENTER
CONDITION SHALL BE ENTITLED TO A PERFORMANCE OF DUTY DISABILITY PENSION
EQUIVALENT TO THREE-QUARTERS OF THE MEMBER'S FINAL AVERAGE SALARY. THE
S. 4005--B 23
DEADLINE FOR SUBMITTING ANY QUALIFYING CLAIM UNDER THIS PARAGRAPH SHALL
BE ON OR BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-SIX. THE ADJU-
TANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED
TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
2. In case any such member of the organized militia (A) shall die as
the result of any such wound, injury or disease within one year after it
has been incurred or contracted, the surviving spouse, children under
twenty-one years of age or dependent parent of such member of the organ-
ized militia shall receive such pension and reward as persons under
similar circumstances receive from the United States[.], OR
(B) WAS ACTIVATED ON STATE ACTIVE DUTY ON OR AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE, AND PARTICIPATED IN WORLD TRADE CENTER SITE RESCUE,
RECOVERY, OR CLEANUP OPERATIONS AS PART OF SUCH STATE ACTIVE DUTY, AND
WHOSE DEATH IS DETERMINED TO BE THE RESULT OF INCURRING A QUALIFYING
WORLD TRADE CENTER CONDITION SHALL BE ENTITLED TO AN ACCIDENTAL DEATH
BENEFIT OF ONE-HALF OF THE MEMBER'S FINAL AVERAGE SALARY. THE DEADLINE
FOR SUBMITTING ANY QUALIFYING CLAIM UNDER THIS PARAGRAPH SHALL BE ON OR
BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-SIX. THE ADJUTANT GENERAL
OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED TO PROMUL-
GATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART K
Intentionally Omitted
PART L
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 BUSINESS 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:
(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 THAT MAY NOT UNDER
LAW OPERATE CONCURRENTLY 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.
S. 4005--B 24
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 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 UNTIL THE WHOLESALE
LICENSE BEING APPLIED FOR IS APPROVED AND THE LICENSE GRANTED OR A
DETERMINATION IS MADE TO REJECT THE APPLICATION FOR THE LICENSE.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
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. This act shall take effect on the ninetieth day after it shall
have become a law.
PART M
Intentionally Omitted
PART N
Intentionally Omitted
PART O
Section 1. Subdivision 4 of section 97-a of the alcoholic beverage
control law, as added by chapter 396 of the laws of 2010, is amended to
read as follows:
4. A temporary retail permit issued by the authority pursuant to this
section shall be for a period not to exceed ninety days. A temporary
permit may be extended at the discretion of the authority, for an addi-
tional thirty day period FOR PREMISES LOCATED IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE OR FOR AN ADDITIONAL NINETY DAY PERIOD FOR
PREMISES LOCATED OUTSIDE A CITY WITH A POPULATION OF A MILLION OR MORE,
upon payment of an additional fee of sixty-four dollars for all retail
beer licenses and ninety-six dollars for all other temporary permits and
upon compliance with all conditions required in this section. The
authority may, in its discretion, issue additional [thirty day] exten-
sions upon payment of the appropriate fee.
§ 2. Subdivision 6 of section 97-a of the alcoholic beverage control
law, as added by chapter 396 of the laws of 2010, is amended to read as
follows:
6. The holder of a temporary retail permit shall [purchase alcoholic
beverages only by payment in currency or check for such alcoholic bever-
ages on or before the day such alcoholic beverages are delivered,
provided, however, that the holder of a temporary permit issued pursuant
S. 4005--B 25
to this section who also holds one or more retail licenses and is oper-
ating under such retail license or licenses in addition to the temporary
retail permit, and who is not delinquent under the provisions of section
one hundred one-aa of this chapter as to any retail license under which
he operates, may purchase alcoholic beverages on credit under the tempo-
rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED
ONE-AAA OF THIS CHAPTER.
§ 3. Section 5 of chapter 396 of the laws of 2010 amending the alco-
holic beverage control law relating to liquidator's permits and tempo-
rary retail permits, as amended by section 1 of part M of chapter 55 of
the laws of 2022, 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, 2023].
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the ninetieth day after it
shall have become a law.
PART P
Section 1. Section 722-b of the county law, as amended by section 2 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
§ 722-b. Compensation and reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association conform-
ing to the requirements of section seven hundred twenty-two of this
article whereby the services of private counsel are rotated and coordi-
nated by an administrator shall at the conclusion of the representation
receive:
(a) for representation of a person [entitled to representation by law
who is initially charged with a misdemeanor or lesser offense and no
felony, compensation for such misdemeanor or lesser offense represen-
tation at a rate of sixty dollars per hour for time expended in court or
before a magistrate, judge or justice, and sixty dollars per hour for
time reasonably expended out of court] IN ALL CASES GOVERNED BY THIS
ARTICLE, AND ARISING IN NEW YORK COUNTY, KINGS COUNTY, BRONX COUNTY,
RICHMOND COUNTY, QUEENS COUNTY, SUFFOLK COUNTY, NASSAU COUNTY, WESTCHES-
TER COUNTY, ROCKLAND COUNTY, PUTNAM COUNTY, ORANGE COUNTY, DUTCHESS
COUNTY, ULSTER COUNTY, AND SULLIVAN COUNTY, INCLUDING ALL REPRESENTATION
IN AN APPELLATE COURT, FOR TIME EXPENDED IN COURT BEFORE A MAGISTRATE,
JUDGE OR JUSTICE AND FOR TIME REASONABLY EXPENDED OUT OF COURT COMPEN-
SATION AT A RATE OF NO LESS THAN SEVENTY-FIVE DOLLARS THROUGH DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, NO LESS THAN ONE HUNDRED TWENTY
DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO LESS
THAN ONE HUNDRED THIRTY-FIVE DOLLARS BEGINNING ON JANUARY FIRST, TWO
THOUSAND TWENTY-FIVE, NO LESS THAN ONE HUNDRED FIFTY DOLLARS BEGINNING
ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NO LESS THAN ONE HUNDRED
SIXTY-FIVE DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEV-
EN, AND ONE HUNDRED EIGHTY DOLLARS BEGINNING ON JANUARY FIRST, TWO THOU-
SAND TWENTY-EIGHT, and shall receive reimbursement for expenses reason-
ably incurred; and
(b) for representation of a person in all [other] cases governed by
this article, ARISING IN ALL REMAINING NEW YORK STATE COUNTIES, includ-
ing all representation in an appellate court, [compensation at a rate of
seventy-five dollars per hour] for time expended in court before a
magistrate, judge or justice and [seventy-five dollars per hour] for
S. 4005--B 26
time reasonably expended out of court COMPENSATION AT A RATE OF NO LESS
THAN SEVENTY-FIVE DOLLARS THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-THREE, NO LESS THAN ONE HUNDRED DOLLARS BEGINNING ON JANUARY
FIRST, TWO THOUSAND TWENTY-FOUR, NO LESS THAN ONE HUNDRED FIFTEEN
DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, NO LESS
THAN ONE HUNDRED THIRTY DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND
TWENTY-SIX, NO LESS THAN ONE HUNDRED FORTY-FIVE DOLLARS BEGINNING ON
JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ONE HUNDRED FIFTY-EIGHT
DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, and shall
receive reimbursement for expenses reasonably incurred.
2. Except as provided in this section, compensation for time expended
in providing representation:
(a) pursuant to paragraph (a) of subdivision one of this section shall
not exceed [two thousand four hundred] TEN THOUSAND FIVE HUNDRED
dollars; and
(b) pursuant to paragraph (b) of subdivision one of this section shall
not exceed [four thousand four hundred] NINE THOUSAND TWO HUNDRED
dollars.
3. For representation on an appeal, compensation and reimbursement
shall be fixed by the appellate court. For all other representation,
compensation and reimbursement shall be fixed by the trial court judge.
In extraordinary circumstances a trial or appellate court may provide
for compensation in excess of the foregoing limits and for payment of
compensation and reimbursement for expenses before the completion of the
representation.
4. Each claim for compensation and reimbursement shall be supported by
a sworn statement specifying the time expended, services rendered,
expenses incurred and reimbursement or compensation applied for or
received in the same case from any other source. No counsel assigned
hereunder shall seek or accept any fee for representing the party for
whom he or she is assigned without approval of the court as herein
provided.
§ 1-a. Section 722-e of the county law, as amended by section 11 of
part VVV of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 722-e. Expenses. 1. All expenses for providing counsel and services
other than counsel hereunder shall be a county charge or in the case of
a county wholly located within a city a city charge to be paid out of an
appropriation for such purposes. Provided, however, that any such addi-
tional expenses incurred for the provision of counsel and services as a
result of the implementation of a plan established pursuant to subdivi-
sion four of section eight hundred thirty-two of the executive law,
including any interim steps taken to implement such plan, shall be reim-
bursed by the state to the county or city providing such services. Such
plans shall be submitted by the office of indigent legal services to the
director of the division of budget for review and approval. However,
the director's approval shall be limited solely to the plan's projected
fiscal impact of the required appropriation for the implementation of
such plan, and his or her approval shall not be unreasonably withheld.
The state shall appropriate funds sufficient to provide for the
reimbursement required by this section.
2. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO PARA-
GRAPHS (A) AND (B) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-
TWO-B OF THIS ARTICLE IN EXCESS OF ONE HUNDRED DOLLARS PER HOUR SHALL BE
REIMBURSED BY THE STATE UPON CERTIFICATION SUBMITTED TO THE OFFICE OF
S. 4005--B 27
INDIGENT LEGAL SERVICES. THE OFFICE OF INDIGENT LEGAL SERVICES SHALL
DEVELOP AND MAKE AVAILABLE A CERTIFICATION FORM FOR STATE PAYMENT.
§ 2. Subdivision 3 of section 35 of the judiciary law, as amended by
section 5 of part J of chapter 62 of the laws of 2003, is amended to
read as follows:
3. (A) No counsel assigned pursuant to this section shall seek or
accept any fee for representing the person for whom he or she is
assigned without approval of the court as herein provided. Whenever it
appears that such person is financially able to obtain counsel or make
partial payment for the representation, counsel may report this fact to
the court and the court may terminate the assignment or authorize
payment, as the interests of justice may dictate, to such counsel. Coun-
sel assigned hereunder shall at the conclusion of the representation
receive compensation [at a rate of seventy-five dollars per hour] for
time expended in court[,] and [seventy-five dollars per hour] for time
reasonably expended out of court[,] IN THE FOLLOWING COUNTIES: NEW
YORK, KINGS, BRONX, RICHMOND, QUEENS, SUFFOLK, NASSAU, WESTCHESTER,
ROCKLAND, PUTNAM, ORANGE, DUTCHESS, ULSTER, AND SULLIVAN, AT A RATE OF
NO LESS THAN SEVENTY-FIVE DOLLARS THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-THREE, NO LESS THAN ONE HUNDRED TWENTY DOLLARS BEGINNING
ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO LESS THAN ONE HUNDRED
THIRTY-FIVE DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-
FIVE, NO LESS THAN ONE HUNDRED FIFTY DOLLARS BEGINNING ON JANUARY FIRST,
TWO THOUSAND TWENTY-SIX, NO LESS THAN ONE HUNDRED SIXTY-FIVE DOLLARS
BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ONE HUNDRED
EIGHTY DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT;
AND IN ALL OTHER NEW YORK STATE COUNTIES AT A RATE OF NO LESS THAN
SEVENTY-FIVE DOLLARS THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-THREE, NO LESS THAN ONE HUNDRED DOLLARS BEGINNING ON JANUARY FIRST,
TWO THOUSAND TWENTY-FOUR, NO LESS THAN ONE HUNDRED FIFTEEN DOLLARS
BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, NO LESS THAN ONE
HUNDRED THIRTY DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-
SIX, NO LESS THAN ONE HUNDRED FORTY-FIVE DOLLARS BEGINNING ON JANUARY
FIRST, TWO THOUSAND TWENTY-SEVEN, AND ONE HUNDRED FIFTY-EIGHT DOLLARS
BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT; and IN ALL NEW
YORK STATE COUNTIES shall receive reimbursement for expenses reasonably
incurred.
(B) For representation upon a hearing, compensation and reimbursement
shall be fixed by the court wherein the hearing was held and such
compensation shall not exceed [four thousand four hundred dollars. For
representation in an appellate court, compensation and reimbursement
shall be fixed by such court and such compensation shall not exceed four
thousand four hundred dollars] TEN THOUSAND FIVE HUNDRED DOLLARS FOR
TIME EXPENDED IN PROVIDING REPRESENTATION PURSUANT TO SUBPARAGRAPH (I)
OF PARAGRAPH (A) OF THIS SUBDIVISION; AND NINE THOUSAND TWO HUNDRED
DOLLARS FOR TIME EXPENDED IN PROVIDING REPRESENTATION PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. In extraordinary
circumstances the court may provide for compensation in excess of the
foregoing limits.
§ 2-a. Section 35 of the judiciary law is amended by adding a new
subdivision 9 to read as follows:
9. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION SHALL BE FUNDED BY THE STATE.
§ 3. This act shall take effect April 1, 2023. Effective immediately,
the addition, amendment, and/or repeal of any rule or regulation neces-
S. 4005--B 28
sary 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. Section 2 of chapter 303 of the laws of 1988, relating to
the extension of the state commission on the restoration of the capitol,
as amended by section 1 of part T of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 2. The temporary state commission on the restoration of the capitol
is hereby renamed as the state commission on the restoration of the
capitol (hereinafter to be referred to as the "commission") and is here-
by continued until April 1, [2023] 2028. The commission shall consist
of eleven members to be appointed as follows: five members shall be
appointed by the governor; two members shall be appointed by the tempo-
rary president of the senate; two members shall be appointed by the
speaker of the assembly; one member shall be appointed by the minority
leader of the senate; one member shall be appointed by the minority
leader of the assembly, together with the commissioner of general
services and the commissioner of parks, recreation and historic preser-
vation. The term for each elected member shall be for three years,
except that of the first five members appointed by the governor, one
shall be for a one year term, and two shall be for a two year term, and
one of the first appointments by the president of the senate and by the
speaker of the assembly shall be for a two year term. Any vacancy that
occurs in the commission shall be filled in the same manner in which the
original appointment was made. The commission shall elect a chairman and
a vice-chairman from among its members. The members of the state
commission on the restoration of the capitol shall be deemed to be
members of the commission until their successors are appointed. The
members of the commission shall receive no compensation for their
services, but shall be reimbursed for their expenses actually and neces-
sarily incurred by them in the performance of their duties hereunder.
§ 2. Section 9 of chapter 303 of the laws of 1988, relating to the
extension of the state commission on the restoration of the capitol, as
amended by section 2 of part T of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 9. This act shall take effect immediately, and shall remain in full
force and effect until April 1, [2023] 2028.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided
that the amendments to section 2 of chapter 303 of the laws of 1988 made
by section one of this act shall not affect the expiration of such chap-
ter, and shall be deemed to expire therewith.
PART R
Section 1. Subdivision 7 of section 163 of the state finance law, as
amended by section 2 of subpart A of part KK of chapter 57 of the laws
of 2018, is amended to read as follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may [accept] REQUIRE ELECTRONIC SUBMISSION AS THE SOLE METHOD
S. 4005--B 29
FOR THE SUBMISSION OF bids [electronically] FOR COMMODITY, SERVICE AND
TECHNOLOGY CONTRACTS, including submission of the statement of non-col-
lusion required by section one hundred thirty-nine-d of this chapter,
and the statement of certification required by section one hundred thir-
ty-nine-l of this chapter[,] and[, starting April first, two thousand
twelve, and ending March thirty-first, two thousand fifteen,] may[, for
commodity, service and technology] REQUIRE ELECTRONIC SIGNATURES ON ALL
DOCUMENTS REQUIRED FOR SUBMISSION OF A BID, ANY RESULTING contracts
[require electronic submission as the sole method for the submission of
bids for the solicitation], AND REQUIRED SUBMISSIONS DURING THE TERM OF
ANY CONTRACT. [State agencies shall undertake no more than eighty-five
such electronic bid solicitations, none of which shall be reverse
auctions, prior to April first, two thousand fifteen. In addition, state
agencies may conduct up to twenty reverse auctions through electronic
means, prior to April first, two thousand fifteen.] Prior to requiring
the electronic submission of bids, the agency shall make a determi-
nation, which shall be documented in the procurement record, that elec-
tronic submission affords a fair and equal opportunity for offerers to
submit responsive offers, AND THAT THE ELECTRONIC SIGNATURE COMPLIES
WITH THE PROVISIONS OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
[Within thirty days of the completion of the eighty-fifth electronic bid
solicitation, or by April first, two thousand fifteen, whichever is
earlier, the commissioner shall prepare a report assessing the use of
electronic submissions and make recommendations regarding future use of
this procurement method. In addition, within thirty days of the
completion of the twentieth reverse auction through electronic means, or
by April first, two thousand fifteen, whichever is earlier, the commis-
sioner shall prepare a report assessing the use of reverse auctions
through electronic means and make recommendations regarding future use
of this procurement method. Such reports shall be published on the
website of the office of general services.] Except where otherwise
provided by law, procurements shall be competitive, and state agencies
shall conduct formal competitive procurements to the maximum extent
practicable. State agencies shall document the determination of the
method of procurement and the basis of award in the procurement record.
Where the basis for award is the best value offer, the state agency
shall document, in the procurement record and in advance of the initial
receipt of offers, the determination of the evaluation criteria, which
whenever possible, shall be quantifiable, and the process to be used in
the determination of best value and the manner in which the evaluation
process and selection shall be conducted.
§ 2. Subdivision 7-a of section 163 of the state finance law is
REPEALED.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
PART S
Section 1. Section 57 of the civil service law, as added by chapter
83 of the laws of 1963, is amended to read as follows:
§ 57. Continuous recruitment for certain positions. Notwithstanding
any other provisions of this chapter or any other law, the civil service
department or a municipal commission may establish a continuing eligible
list for any class of positions for which it finds [inadequate numbers
S. 4005--B 30
of well qualified persons available for recruitment] SUCH LISTS APPRO-
PRIATE. THE CIVIL SERVICE DEPARTMENT MAY ONLY ESTABLISH CONTINUING
ELIGIBLE LISTS FOR ANY CLASS OF POSITIONS FILLED THROUGH OPEN COMPET-
ITIVE EXAMINATION. Names of eligibles shall be inserted in such list
from time to time as applicants are tested and found qualified in exam-
inations held at such intervals as may be prescribed by the civil
service department or municipal commission having jurisdiction. Such
successive examinations shall, so far as practicable, be constructed and
rated so as to be equivalent tests of the merit and fitness of candi-
dates. The name of any candidate who passes any such examination and who
is otherwise qualified shall be placed on the continuing eligible list
in the rank corresponding to his OR HER final rating on such examina-
tion. The period of eligibility of successful candidates for certif-
ication and appointment from such continuing eligible list, as a result
of any such examination, shall be fixed by the civil service department
or municipal commission but, except as a list may reach an announced
terminal date, such period shall not be less than one year; nor shall
such period of eligibility exceed four years. Subject to such conditions
and limitations as the civil service department or municipal commission
may prescribe, a candidate may take more than one such examination;
provided, however, that no such candidate shall be certified simultane-
ously with more than one rank on the continuing eligible list. With
respect to any candidate who applies for and is granted additional cred-
it in any such examination as a disabled or non-disabled veteran, and
for the limited purpose of granting such additional credit, the eligible
list shall be deemed to be established on the date on which his OR HER
name is added thereto.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 1 of section 55-b of the civil service law, as
amended by chapter 603 of the laws of 1995, is amended to read as
follows:
1. The commission may determine up to [twelve] SEVENTEEN hundred posi-
tions with duties such as can be performed by persons with a physical or
mental disability who are found otherwise qualified to perform satisfac-
torily the duties of any such position. Upon such determination the said
positions shall be classified in the noncompetitive class, and may be
filled only by persons who shall have been certified by the employee
health service of the department as being a person with either a phys-
ical or mental disability. The number of persons appointed pursuant to
this section shall not exceed [twelve] SEVENTEEN hundred.
§ 2. Section 55-b of the civil service law is amended by adding a new
subdivision 3 to read as follows:
3. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
BE AFFORDED THE OPPORTUNITY TO TRANSFER INTO COMPETITIVE CLASS POSITIONS
SO LONG AS THEY MEET THE REQUIREMENTS FOR TRANSFER PURSUANT TO SECTION
FIFTY-TWO OF THIS TITLE AND SECTION SEVENTY OF THIS CHAPTER.
§ 3. Section 55-c of the civil service law, as amended by chapter 603
of the laws of 1995, is amended by adding a new subdivision 4 to read as
follows:
4. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
BE AFFORDED THE OPPORTUNITY TO TRANSFER INTO COMPETITIVE CLASS POSITIONS
SO LONG AS THEY MEET THE REQUIREMENTS FOR TRANSFER PURSUANT TO SECTION
FIFTY-TWO OF THIS TITLE AND SECTION SEVENTY OF THIS CHAPTER.
S. 4005--B 31
§ 4. This act shall take effect immediately.
PART U
Intentionally Omitted
PART V
Section 1. Part HH of chapter 56 of the laws of 2022, amending the
retirement and social security law relating to waiving approval and
income limitations on retirees employed in school districts and board of
cooperative educational services, is amended to read as follows:
§ 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE
OF THE PROVISIONS OF THIS ACT SHALL BE SUBJECT TO SECTION 25 OF THE
RETIREMENT AND SOCIAL SECURITY LAW.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2023] 2024.
§ 2. This act shall take effect immediately.
PART W
Section 1. Paragraphs 2 and 3 of subdivision e of section 19-a of the
retirement and social security law, as amended by chapter 48 of the laws
of 2017, are amended to read as follows:
(2) For any given fiscal year for which (i) the system actuarial
contribution rate exceeds nine and one-half percent of payroll as of the
end of the previous fiscal year, and (ii) an employer's average actuari-
al contribution rate exceeds the [system] EMPLOYER'S graded contribution
rate or the alternative [system] EMPLOYER'S graded contribution rate,
the balance in the employer's account within such fund shall be applied
to reduce the employer's payment to the retirement system for such
fiscal year in an amount not to exceed the difference between the
employer's actuarial contribution and the employer's graded contribution
for the fiscal year.
(3) Notwithstanding the provisions of paragraph two of this subdivi-
sion, if at the close of any given fiscal year the balance of an employ-
er's account within the fund exceeds [one hundred percent of] the
employer's [payroll] ACTUARIAL CONTRIBUTION for the previous fiscal
year, [the excess shall be applied to reduce the employer's payment to
the retirement system for the next succeeding fiscal year] NO GRADED
PAYMENT SHALL BE REQUIRED OR ALLOWED.
§ 2. Section 19-a of the retirement and social security law is amended
by adding a new subdivision f to read as follows:
F. (1) AN AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTICIPATION IN
THE CONTRIBUTION STABILIZATION PROGRAM PROVIDED THAT SUCH EMPLOYER SHALL
HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTIZATION AMOUNTS INCLUDING
INTEREST AS DETERMINED BY THE COMPTROLLER. FURTHERMORE, ANY AMORTIZING
EMPLOYER THAT HAS TERMINATED PARTICIPATION IN THE CONTRIBUTION STABILI-
ZATION PROGRAM MAY RE-ENTER THE PROGRAM IN A YEAR IN WHICH THE EMPLOYER
IS ELIGIBLE TO AMORTIZE AND THEIR EMPLOYER CONTRIBUTION RESERVE FUND HAS
BEEN DEPLETED.
(2) AN ALTERNATIVE AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM PROVIDED
THAT SUCH EMPLOYER SHALL HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTI-
ZATION AMOUNTS INCLUDING INTEREST AS DETERMINED BY THE COMPTROLLER.
S. 4005--B 32
FURTHERMORE, ANY ALTERNATIVE AMORTIZING EMPLOYER THAT HAS TERMINATED
PARTICIPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM MAY
NOT RE-ENTER THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM;
PROVIDED, HOWEVER, SUCH EMPLOYER MAY ENTER THE REGULAR CONTRIBUTION
STABILIZATION PROGRAM AS SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION.
(3) IN ORDER TO TERMINATE PARTICIPATION IN THE CONTRIBUTION STABILIZA-
TION OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM, SUCH EMPLOYER
MUST FILE AN ELECTION ON A FORM PRESCRIBED BY THE COMPTROLLER. SUCH
ELECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE COMPTROLLER.
(4) TERMINATION SHALL TAKE EFFECT FOR THE FISCAL YEAR BILLING CYCLE
FOLLOWING THE FISCAL YEAR OF APPROVAL. AN EMPLOYER WHO HAS BEEN APPROVED
TO TERMINATE FROM THE CONTRIBUTION STABILIZATION OR ALTERNATIVE CONTRIB-
UTION STABILIZATION PROGRAM PURSUANT TO THIS SECTION SHALL NOT BE
REQUIRED TO MAKE A GRADED PAYMENT STARTING IN THE FOLLOWING FISCAL YEAR
BILLING CYCLE.
(5) IN THE EVENT AN EMPLOYER IN THE CONTRIBUTION STABILIZATION PROGRAM
OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM TERMINATES PARTIC-
IPATION PURSUANT TO THIS SECTION, ANY SUCH BALANCE IN THEIR EMPLOYER
CONTRIBUTION RESERVE FUND SHALL BE APPLIED TO THE EMPLOYER'S ANNUAL BILL
IN THE MAXIMUM AMOUNT PERMITTED UNDER PARAGRAPH TWO OF SUBDIVISION E OF
THIS SECTION, FOR THE FOLLOWING FISCAL YEAR AND CONTINUE TO BE APPLIED
TO FUTURE ANNUAL BILLS UNTIL THE RESERVE FUND IS DEPLETED.
§ 3. Paragraphs 2 and 3 of subdivision e of section 319-a of the
retirement and social security law, as amended by chapter 48 of the laws
of 2017, are amended to read as follows:
(2) For any given fiscal year for which (i) the system actuarial
contribution rate exceeds seventeen and one-half percent of payroll as
of the end of the previous fiscal year, and (ii) for which an employer's
average actuarial contribution rate exceeds the EMPLOYER'S graded
contribution rate or the alternative [system] EMPLOYER'S graded contrib-
ution rate, the balance in the employer's account within such fund shall
be applied to reduce the employer's payment to the retirement system for
such fiscal year in an amount not to exceed the difference between the
employer's actuarial contribution and the employer's graded contribution
for the fiscal year.
(3) Notwithstanding the provisions of paragraph two of this subdivi-
sion, if at the close of any given fiscal year the balance of an employ-
er's account within the fund exceeds [one hundred percent of] the
employer's [payroll] ACTUARIAL CONTRIBUTION for the previous fiscal
year, [the excess shall be applied to reduce the employer's payment to
the retirement system for the next succeeding fiscal year] NO GRADED
PAYMENT SHALL BE REQUIRED OR ALLOWED.
§ 4. Section 319-a of the retirement and social security law is
amended by adding a new subdivision f to read as follows:
F. (1) AN AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTICIPATION IN
THE CONTRIBUTION STABILIZATION PROGRAM PROVIDED THAT SUCH EMPLOYER SHALL
HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTIZATION AMOUNTS INCLUDING
INTEREST AS DETERMINED BY THE COMPTROLLER. FURTHERMORE, ANY AMORTIZING
EMPLOYER THAT HAS TERMINATED PARTICIPATION IN THE CONTRIBUTION STABILI-
ZATION PROGRAM MAY RE-ENTER THE PROGRAM IN A YEAR IN WHICH THE EMPLOYER
IS ELIGIBLE TO AMORTIZE AND THEIR EMPLOYER CONTRIBUTION RESERVE FUND HAS
BEEN DEPLETED.
(2) AN ALTERNATIVE AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM PROVIDED
THAT SUCH EMPLOYER SHALL HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTI-
ZATION AMOUNTS INCLUDING INTEREST AS DETERMINED BY THE COMPTROLLER.
S. 4005--B 33
FURTHERMORE, ANY ALTERNATIVE AMORTIZING EMPLOYER THAT HAS TERMINATED
PARTICIPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM MAY
NOT RE-ENTER THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM;
PROVIDED, HOWEVER, SUCH EMPLOYER MAY ENTER THE REGULAR CONTRIBUTION
STABILIZATION PROGRAM AS SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION.
(3) IN ORDER TO TERMINATE PARTICIPATION IN THE CONTRIBUTION STABILIZA-
TION OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM, SUCH EMPLOYER
MUST FILE AN ELECTION ON A FORM PRESCRIBED BY THE COMPTROLLER. SUCH
ELECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE COMPTROLLER.
(4) TERMINATION SHALL TAKE EFFECT FOR THE FISCAL YEAR BILLING CYCLE
FOLLOWING THE FISCAL YEAR OF APPROVAL. AN EMPLOYER WHO HAS BEEN APPROVED
TO TERMINATE FROM THE CONTRIBUTION STABILIZATION OR ALTERNATIVE CONTRIB-
UTION STABILIZATION PROGRAM PURSUANT TO THIS SECTION SHALL NOT BE
REQUIRED TO MAKE A GRADED PAYMENT STARTING IN THE FOLLOWING FISCAL YEAR
BILLING CYCLE.
(5) IN THE EVENT AN EMPLOYER IN THE CONTRIBUTION STABILIZATION PROGRAM
OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM TERMINATES PARTIC-
IPATION PURSUANT TO THIS SECTION, ANY SUCH BALANCE IN THEIR EMPLOYER
CONTRIBUTION RESERVE FUND SHALL BE APPLIED TO THE EMPLOYER'S ANNUAL BILL
IN THE MAXIMUM AMOUNT PERMITTED UNDER PARAGRAPH TWO OF SUBDIVISION E OF
THIS SECTION, FOR THE FOLLOWING FISCAL YEAR AND CONTINUE TO BE APPLIED
TO FUTURE ANNUAL BILLS UNTIL THE RESERVE FUND IS DEPLETED.
§ 5. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would revise the terms of participation in the New York
State and Local Retirement Systems (NYSLRS) Contribution Stabilization
Program (CSP). Participating employers in the NYSLRS may enter the CSP
to reduce volatility in average annual contribution rates. Should
employer billing rates increase rapidly, the CSP allows a portion of the
increase to be amortized over 10 years for the regular CSP or 12 years
for the alternative CSP. Should employer billing rates decrease rapid-
ly, the CSP requires employers to make an additional contribution,
called a graded payment. The graded payment is deposited into an inter-
est-bearing reserve fund held within the NYSLRS for the exclusive use by
the employer to reduce future amortizations.
This bill revises the CSP in the following ways:
1) Limits the value of the reserve fund assets. Graded payments would
cease when the employer's reserve fund assets exceed the employer's
actuarial contribution in the prior fiscal year. Currently, the reserve
fund is capped at 100% of the employer's payroll.
2) Creates provisions for termination from the CSP, subject to
approval by the Comptroller, provided all prior year amortizations are
paid in full, including interest. Beginning the fiscal year following
termination, the employer would not be required (or allowed) to make a
graded payment. Any existing reserve fund assets would be used to reduce
future annual bills up to the amount the employer would have been able
to amortize if still in the program. The employer would be permitted to
re-enter the regular CSP only if eligible to amortize, provided all
reserve fund assets are depleted.
3) Allows an employer to utilize its reserve fund assets to pay a
portion of its annual bill when the employer's average actuarial
contribution rate exceeds the employer's graded rate. Currently, the
employer's average actuarial rate must exceed the System graded rate.
S. 4005--B 34
If this bill is enacted during the 2023 legislative session, we antic-
ipate some administrative costs to implement the provisions of this
legislation.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes, Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2022
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 26, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-57,
prepared by the Actuary for the New York State and Local Retirement
System.
PART X
Intentionally Omitted
PART Y
Section 1. The opening paragraph and paragraph 1 of subdivision b and
subdivision e of section 208-f of the general municipal law, paragraph 1
of subdivision b and subdivision e as added by chapter 472 of the laws
of 1978 and the opening paragraph of subdivision b as amended by chapter
782 of the laws of 2022, are amended and a new subdivision k is added to
read as follows:
The special accidental death benefit shall be paid by the COUNTY,
city, town or village which employed the deceased member at the time of
death, and shall consist of a pension which is equal to the salary of
the deceased member, reduced by the sum of each of the following bene-
fits received by the widow or widower or the deceased member's children
under the age of eighteen, if the widow or widower has died, or to the
deceased member's parents if the member has no widow, widower, children
under the age of eighteen, or a student under the age of twenty-three,
on account of the death of the deceased member:
1. Any death benefit and any supplementation thereto paid by the said
COUNTY, city, town or village in the form of a pension, and
e. There shall be appropriated to the [local assistance fund in the]
general fund [to the department of audit and control] an amount equal to
the special accidental death benefits paid pursuant to subdivisions b
and c of this section during each preceding state fiscal year, as certi-
fied to the comptroller by the appropriate municipal official, for the
purposes of reimbursing such special accidental death benefits.
S. 4005--B 35
The monies appropriated [to the department of audit and control] and
made available pursuant to this subdivision shall be paid under rules
and regulations adopted by the comptroller and subject to the approval
of the director of the budget upon the audit and warrant of the comp-
troller on vouchers certified or approved as provided by law.
K. IN THE CASE OF A DECEASED COUNTY MEMBER WHO DIED PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION, THE PAYMENT OF THE BENEFIT TO THE
DECEASED MEMBER'S BENEFICIARIES PURSUANT TO SUBDIVISION F OF THIS
SECTION, SHALL COMMENCE ON THE EFFECTIVE DATE OF THIS SUBDIVISION,
PROVIDED, HOWEVER THAT THE BENEFIT AMOUNT SHALL BE DEEMED TO HAVE BEEN
SUBJECT TO ANNUAL INCREASES PURSUANT TO SUBDIVISION B OF THIS SECTION
AND ESCALATION PURSUANT TO SUBDIVISION C OF THIS SECTION, FROM THE DATE
OF SUCH MEMBER'S DEATH.
§ 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART Z
Section 1. Paragraph (a) of subdivision 4 of section 94 of the execu-
tive law, as added by section 2 of part QQ of chapter 56 of the laws of
2022, is amended to read as follows:
(a) The first class of members of the commission shall serve stag-
gered terms to ensure continuity. For the first class of the commis-
sion, [five members shall serve a term of four years, three members
shall serve a term of two years, and one member shall serve a term of
one year. All subsequent members shall serve a term of four years] THE
GOVERNOR'S FIRST APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS,
THEIR SECOND APPOINTEE SHALL SERVE AN INITIAL TERM OF TWO YEARS, AND
THEIR THIRD APPOINTEE SHALL SERVE AN INITIAL TERM OF ONE YEAR; THE
ATTORNEY GENERAL'S APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS;
THE COMPTROLLER'S APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS;
THE TEMPORARY PRESIDENT OF THE SENATE'S FIRST APPOINTEE SHALL SERVE AN
INITIAL TERM OF FOUR YEARS AND THEIR SECOND APPOINTEE SHALL SERVE A TERM
OF TWO YEARS; THE MINORITY LEADER OF THE SENATE'S FIRST APPOINTEE SHALL
SERVE AN INITIAL TERM OF FOUR YEARS; THE SPEAKER OF THE ASSEMBLY'S FIRST
APPOINTEE SHALL SERVE INITIAL TERMS OF FOUR YEARS AND THEIR SECOND
APPOINTEE SHALL SERVE A TERM OF TWO YEARS; AND THE MINORITY LEADER OF
THE ASSEMBLY'S APPOINTEE SHALL SERVE A TERM OF FOUR YEARS. ALL SUBSE-
QUENT MEMBERS SHALL SERVE A TERM OF FOUR YEARS. No member shall be
selected to the commission for more than two full consecutive terms,
except that a member who has held the position by filling a vacancy
can only be selected to the commission for an additional two full
consecutive terms.
§ 2. This act shall take effect immediately.
PART AA
Section 1. Subparagraph (A) of paragraph 7 of subdivision (ee) of
section 1115 of the tax law, as amended by section 1 of item A of
subpart H of part XXX of chapter 58 of the laws of 2020, is amended to
read as follows:
(A) "Tenant" means a person who, as lessee, enters into a space lease
with a landlord for a term of ten years or more commencing on or after
September first, two thousand five, but not later than, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (i) of subparagraph (D) of this paragraph, September
S. 4005--B 36
first, two thousand [twenty-three] TWENTY-EIGHT and, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (ii) of subparagraph (D) of this paragraph not later
than September first, two thousand [twenty-five] THIRTY, of premises for
use as commercial office space in buildings located or to be located in
the eligible areas. A person who currently occupies premises for use as
commercial office space under an existing lease in a building in the
eligible areas shall not be eligible for exemption under this subdivi-
sion unless such existing lease, in the case of a space lease with
respect to leased premises located in eligible areas as defined in
clause (i) of subparagraph (D) of this paragraph expires according to
its terms before September first, two thousand [twenty-three] TWENTY-
EIGHT or such existing lease, in the case of a space lease with respect
to leased premises located in eligible areas as defined in clause (ii)
of subparagraph (D) of this paragraph and such person enters into a
space lease, for a term of ten years or more commencing on or after
September first, two thousand five, of premises for use as commercial
office space in a building located or to be located in the eligible
areas, provided that such space lease with respect to leased premises
located in eligible areas as defined in clause (i) of subparagraph (D)
of this paragraph commences no later than September first, two thousand
[twenty-three] TWENTY-EIGHT, and provided that such space lease with
respect to leased premises located in eligible areas as defined in
clause (ii) of subparagraph (D) of this paragraph commences no later
than September first, two thousand [twenty-five] THIRTY and provided,
further, that such space lease shall expire no earlier than ten years
after the expiration of the original lease.
§ 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
tax law relating to exemptions from sales and use taxes, as amended by
section 2 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
§ 2. This act shall take effect September 1, 2005 and shall expire and
be deemed repealed on December 1, [2026] 2031, and shall apply to sales
made, uses occurring and services rendered on or after such effective
date, in accordance with the applicable transitional provisions of
sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
tax law, as added by section one of this act, shall expire and be deemed
repealed December 1, [2024] 2029.
§ 3. Paragraph 1 of subdivision (b) of section 25-s of the general
city law, as amended by section 3 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(1) non-residential premises that are wholly contained in property
that is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such article except that such property is exempt from
real property taxation and the requirements of paragraph (b) of subdivi-
sion seven of section four hundred eighty-nine-dddd of such title two-D,
or the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, have not been satisfied, provided that applica-
tion for such benefits was made after May third, nineteen hundred eight-
y-five and prior to July first, two thousand [twenty-three]
TWENTY-EIGHT, that construction or renovation of such premises was
described in such application, that such premises have been substantial-
ly improved by such construction or renovation so described, that the
S. 4005--B 37
minimum required expenditure as defined in such title two-D or two-F,
whichever is applicable, has been made, and that such real property is
located in an eligible area; or
§ 4. Paragraph 3 of subdivision (b) of section 25-s of the general
city law, as amended by section 4 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty-three] TWENTY-EIGHT for
financing by an industrial development agency established pursuant to
article eighteen-A of the general municipal law, provided that such
financing has been used in whole or in part to substantially improve
such premises (by construction or renovation), and that expenditures
have been made for improvements to such real property in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
earlier of (i) the issuance by such agency of bonds for such financing,
or (ii) the conveyance of title to such property to such agency, and
that such real property is located in an eligible area; or
§ 5. Paragraph 5 of subdivision (b) of section 25-s of the general
city law, as amended by section 5 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty-three] TWENTY-EIGHT, provided, however, that
such premises were constructed or renovated subsequent to such approval,
that expenditures have been made subsequent to such approval for
improvements to such real property (by construction or renovation) in
excess of ten per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, that such expenditures have been made within thirty-six
months after the effective date of such lease, and that such real prop-
erty is located in an eligible area; or
§ 6. Paragraph 2 of subdivision (c) of section 25-t of the general
city law, as amended by section 6 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(2) No eligible energy user, qualified eligible energy user, on-site
cogenerator, or clean on-site cogenerator shall receive a rebate pursu-
ant to this article until it has obtained a certification from the
appropriate city agency in accordance with a local law enacted pursuant
to this section. No such certification for a qualified eligible energy
user shall be issued on or after November first, two thousand. No such
certification of any other eligible energy user, on-site cogenerator, or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty-three] TWENTY-EIGHT.
§ 7. Paragraph 1 of subdivision (a) of section 25-aa of the general
city law, as amended by section 7 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(1) is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such title except that such property is exempt from real
S. 4005--B 38
property taxation and the requirements of paragraph (b) of subdivision
seven of section four hundred eighty-nine-dddd of such title two-D, or
the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, of the real property tax law have not been
satisfied, provided that application for such benefits was made after
the thirtieth day of June, nineteen hundred ninety-five and before the
first day of July, two thousand [twenty-three] TWENTY-EIGHT, that
construction or renovation of such building or structure was described
in such application, that such building or structure has been substan-
tially improved by such construction or renovation, and (i) that the
minimum required expenditure as defined in such title has been made, or
(ii) where there is no applicable minimum required expenditure, the
building was constructed within such period or periods of time estab-
lished by title two-D or two-F, whichever is applicable, of article four
of the real property tax law for construction of a new building or
structure; or
§ 8. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the
general city law, as amended by section 8 of item A of subpart H of part
XXX of chapter 58 of the laws of 2020, are amended to read as follows:
(2) has obtained approval after the thirtieth day of June, nineteen
hundred ninety-five and before the first day of July, two thousand
[twenty-three] TWENTY-EIGHT, for financing by an industrial development
agency established pursuant to article eighteen-A of the general munici-
pal law, provided that such financing has been used in whole or in part
to substantially improve such building or structure by construction or
renovation, that expenditures have been made for improvements to such
real property in excess of twenty per centum of the value at which such
real property was assessed for tax purposes for the tax year in which
such improvements commenced, and that such expenditures have been made
within thirty-six months after the earlier of (i) the issuance by such
agency of bonds for such financing, or (ii) the conveyance of title to
such building or structure to such agency; or
(3) is owned by the city of New York or the New York state urban
development corporation, or a subsidiary corporation thereof, a lease
for which was approved in accordance with the applicable provisions of
the charter of such city or by the board of directors of such corpo-
ration, as the case may be, and such approval was obtained after the
thirtieth day of June, nineteen hundred ninety-five and before the first
day of July, two thousand [twenty-three] TWENTY-EIGHT, provided that
expenditures have been made for improvements to such real property in
excess of twenty per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, and that such expenditures have been made within thirty-six
months after the effective date of such lease; or
§ 9. Subdivision (f) of section 25-bb of the general city law, as
amended by section 9 of item A of subpart H of part XXX of chapter 58 of
the laws of 2020, is amended to read as follows:
(f) Application and certification. An owner or lessee of a building or
structure located in an eligible revitalization area, or an agent of
such owner or lessee, may apply to such department of small business
services for certification that such building or structure is an eligi-
ble building or targeted eligible building meeting the criteria of
subdivision (a) or (q) of section twenty-five-aa of this article.
Application for such certification must be filed after the thirtieth day
of June, nineteen hundred ninety-five and before a building permit is
S. 4005--B 39
issued for the construction or renovation required by such subdivisions
and before the first day of July, two thousand [twenty-three] TWENTY-
EIGHT, provided that no certification for a targeted eligible building
shall be issued after October thirty-first, two thousand. Such applica-
tion shall identify expenditures to be made that will affect eligibility
under such subdivision (a) or (q). Upon completion of such expenditures,
an applicant shall supplement such application to provide information
(i) establishing that the criteria of such subdivision (a) or (q) have
been met; (ii) establishing a basis for determining the amount of
special rebates, including a basis for an allocation of the special
rebate among eligible revitalization area energy users purchasing or
otherwise receiving energy services from an eligible redistributor of
energy or a qualified eligible redistributor of energy; and (iii)
supporting an allocation of charges for energy services between eligible
charges and other charges. Such department shall certify a building or
structure as an eligible building or targeted eligible building after
receipt and review of such information and upon a determination that
such information establishes that the building or structure qualifies as
an eligible building or targeted eligible building. Such department
shall mail such certification or notice thereof to the applicant upon
issuance. Such certification shall remain in effect provided the eligi-
ble redistributor of energy or qualified eligible redistributor of ener-
gy reports any changes that materially affect the amount of the special
rebates to which it is entitled or the amount of reduction required by
subdivision (c) of this section in an energy services bill of an eligi-
ble revitalization area energy user and otherwise complies with the
requirements of this article. Such department shall notify the private
utility or public utility service required to make a special rebate to
such redistributor of the amount of such special rebate established at
the time of certification and any changes in such amount and any suspen-
sion or termination by such department of certification under this
subdivision. Such department may require some or all of the information
required as part of an application or other report be provided by a
licensed engineer.
§ 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 10 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(1) Non-residential premises that are wholly contained in property
that is eligible to obtain benefits under part four or part five of
subchapter two of chapter two of title eleven of this code, or would be
eligible to receive benefits under such chapter except that such proper-
ty is exempt from real property taxation and the requirements of para-
graph two of subdivision g of section 11-259 of this code, or the
requirements of subparagraph (b) of paragraph two of subdivision e of
section 11-270 of this code, whichever is applicable, have not been
satisfied, provided that application for such benefits was made after
May third, nineteen hundred eighty-five and prior to July first, two
thousand [twenty-three] TWENTY-EIGHT, that construction or renovation of
such premises was described in such application, that such premises have
been substantially improved by such construction or renovation so
described, that the minimum required expenditure as defined in such part
four or part five, whichever is applicable, has been made, and that such
real property is located in an eligible area; or
§ 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 11 of item A
S. 4005--B 40
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty-three] TWENTY-EIGHT for
financing by an industrial development agency established pursuant to
article eighteen-A of the general municipal law, provided that such
financing has been used in whole or in part to substantially improve
such premises (by construction or renovation), and that expenditures
have been made for improvements to such real property in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
earlier of (i) the issuance by such agency of bonds for such financing,
or (ii) the conveyance of title to such property to such agency, and
that such real property is located in an eligible area; or
§ 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 12 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty-three] TWENTY-EIGHT, provided, however, that
such premises were constructed or renovated subsequent to such approval,
that expenditures have been made subsequent to such approval for
improvements to such real property (by construction or renovation) in
excess of ten per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, that such expenditures have been made within thirty-six
months after the effective date of such lease, and that such real prop-
erty is located in an eligible area; or
§ 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
trative code of the city of New York, as amended by section 13 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(1) No eligible energy user, qualified eligible energy user, on-site
cogenerator, clean on-site cogenerator or special eligible energy user
shall receive a rebate pursuant to this chapter until it has obtained a
certification as an eligible energy user, qualified eligible energy
user, on-site cogenerator, clean on-site cogenerator or special eligible
energy user, respectively, from the commissioner of small business
services. No such certification for a qualified eligible energy user
shall be issued on or after July first, two thousand three. No such
certification of any other eligible energy user, on-site cogenerator or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty-three] TWENTY-EIGHT. The commissioner of small busi-
ness services, after notice and hearing, may revoke a certification
issued pursuant to this subdivision where it is found that eligibility
criteria have not been met or that compliance with conditions for
continued eligibility has not been maintained. The corporation counsel
may maintain a civil action to recover an amount equal to any benefits
improperly obtained.
S. 4005--B 41
§ 14. Subparagraph (b-2) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 14 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
(b-2) The amount of the special reduction allowed by this subdivision
with respect to a lease other than a sublease commencing between July
first, two thousand five and June thirtieth, two thousand [twenty-three]
TWENTY-EIGHT with an initial or renewal lease term of at least five
years shall be determined as follows:
(i) For the base year the amount of such special reduction shall be
equal to the base rent for the base year.
(ii) For the first, second, third and fourth twelve-month periods
following the base year the amount of such special reduction shall be
equal to the lesser of (A) the base rent for each such twelve-month
period or (B) the base rent for the base year.
§ 15. Subdivision 9 of section 499-aa of the real property tax law, as
amended by section 15 of item A of subpart H of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
one, provided, however, that with respect to eligible premises defined
in subparagraph (i) of paragraph (b) of subdivision ten of this section,
the period commencing July first, two thousand and terminating June
thirtieth, two thousand [twenty-four] TWENTY-NINE, and provided,
further, however, that with respect to eligible premises defined in
subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten
of this section, the period commencing July first, two thousand five and
terminating June thirtieth, two thousand [twenty-four] TWENTY-NINE.
§ 16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
499-cc of the real property tax law, as amended by section 16 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(iii) With respect to the eligible premises defined in subparagraph
(ii) of paragraph (b) or paragraph (c) of subdivision ten of section
four hundred ninety-nine-aa of this title and for purposes of determin-
ing whether the amount of expenditures required by subdivision one of
this section have been satisfied, expenditures on improvements to the
common areas of an eligible building shall be included only if work on
such improvements commenced and the expenditures are made on or after
July first, two thousand five and on or before December thirty-first,
two thousand [twenty-four] TWENTY-NINE; provided, however, that expendi-
tures on improvements to the common areas of an eligible building made
prior to three years before the lease commencement date shall not be
included.
§ 17. Subdivisions 5 and 9 of section 499-a of the real property tax
law, as amended by section 17 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, are amended to read as follows:
5. "Benefit period." The period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than sixty months thereafter, provided, however, that with
respect to a lease commencing on or after April first, nineteen hundred
ninety-seven with an initial lease term of less than five years, but not
less than three years, the period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than thirty-six months thereafter. Notwithstanding the forego-
S. 4005--B 42
ing sentence, a benefit period shall expire no later than March thirty-
first, two thousand [thirty] THIRTY-FIVE.
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
[twenty-four] TWENTY-NINE.
§ 18. Paragraph (a) of subdivision 3 of section 499-c of the real
property tax law, as amended by section 18 of item A of subpart H of
part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
(a) For purposes of determining whether the amount of expenditures
required by subdivision one of this section have been satisfied, expend-
itures on improvements to the common areas of an eligible building shall
be included only if work on such improvements commenced and the expendi-
tures are made on or after April first, nineteen hundred ninety-five and
on or before September thirtieth, two thousand [twenty-four]
TWENTY-NINE; provided, however, that expenditures on improvements to the
common areas of an eligible building made prior to three years before
the lease commencement date shall not be included.
§ 19. Subdivision 8 of section 499-d of the real property tax law, as
amended by section 19 of item A of subpart H of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
8. Leases commencing on or after April first, nineteen hundred nine-
ty-seven shall be subject to the provisions of this title as amended by
chapter six hundred twenty-nine of the laws of nineteen hundred ninety-
seven, chapter one hundred eighteen of the laws of two thousand one,
chapter four hundred forty of the laws of two thousand three, chapter
sixty of the laws of two thousand seven, chapter twenty-two of the laws
of two thousand ten, chapter fifty-nine of the laws of two thousand
fourteen, chapter twenty of the laws of two thousand fifteen, chapter
SIXTY-ONE of the laws of two thousand seventeen [and the], chapter
FIFTY-EIGHT of the laws of two thousand twenty, AND THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY-THREE that amended this phrase. Notwith-
standing any other provision of law to the contrary, with respect to
leases commencing on or after April first, nineteen hundred ninety-sev-
en, an application for a certificate of abatement shall be considered
timely filed if filed within one hundred eighty days following the lease
commencement date or within sixty days following the date chapter six
hundred twenty-nine of the laws of nineteen hundred ninety-seven became
a law, whichever is later.
§ 20. Subparagraph (a) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 20 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
(a) An eligible tenant of eligible taxable premises shall be allowed a
special reduction in determining the taxable base rent for such eligible
taxable premises. Such special reduction shall be allowed with respect
to the rent for such eligible taxable premises for a period not exceed-
ing sixty months or, with respect to a lease commencing on or after
April first, nineteen hundred ninety-seven with an initial lease term of
less than five years, but not less than three years, for a period not
exceeding thirty-six months, commencing on the rent commencement date
applicable to such eligible taxable premises, provided, however, that in
no event shall any special reduction be allowed for any period beginning
after March thirty-first, two thousand [thirty] THIRTY-FIVE. For
purposes of applying such special reduction, the base rent for the base
year shall, where necessary to determine the amount of the special
S. 4005--B 43
reduction allowable with respect to any number of months falling within
a tax period, be prorated by dividing the base rent for the base year by
twelve and multiplying the result by such number of months.
§ 21. This act shall take effect immediately, provided, however, that
if this act shall become a law after June 30, 2023, this act shall be
deemed to have been in full force and effect on and after June 30, 2023;
provided further, however, that the amendments to subparagraph (A) of
paragraph 7 of subdivision (ee) of section 1115 of the tax law made by
section one of this act shall not affect the repeal of such subdivision
and shall be repealed therewith.
PART BB
Intentionally Omitted
PART CC
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).
24. New York state thruway authority account (21905).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. State university dormitory income reimbursable account (21937).
30. Criminal justice improvement account (21945).
31. Environmental laboratory reference fee account (21959).
32. Training, management and evaluation account (21961).
S. 4005--B 44
33. Clinical laboratory reference system assessment account (21962).
34. Indirect cost recovery account (21978).
35. Multi-agency training account (21989).
36. Bell jar collection account (22003).
37. Industry and utility service account (22004).
38. Real property disposition account (22006).
39. Parking account (22007).
40. Courts special grants (22008).
41. Asbestos safety training program account (22009).
42. Batavia school for the blind account (22032).
43. Investment services account (22034).
44. Surplus property account (22036).
45. Financial oversight account (22039).
46. Regulation of Indian gaming account (22046).
47. Rome school for the deaf account (22053).
48. Seized assets account (22054).
49. Administrative adjudication account (22055).
50. New York City assessment account (22062).
51. Cultural education account (22063).
52. Local services account (22078).
53. DHCR mortgage servicing account (22085).
54. Housing indirect cost recovery account (22090).
55. Voting Machine Examinations account (22099).
56. DHCR-HCA application fee account (22100).
57. Low income housing monitoring account (22130).
58. Restitution account (22134).
59. Corporation administration account (22135).
60. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
61. Deferred compensation administration account (22151).
62. Rent revenue other New York City account (22156).
63. Rent revenue account (22158).
64. Transportation aviation account (22165).
65. Tax revenue arrearage account (22168).
66. New York State Campaign Finance Fund account (22211).
67. New York state medical indemnity fund account (22240).
68. Behavioral health parity compliance fund (22246).
69. Pharmacy benefit manager regulatory fund (22255).
70. State university general income offset account (22654).
71. Lake George park trust fund account (22751).
72. Highway safety program account (23001).
73. DOH drinking water program account (23102).
74. NYCCC operating offset account (23151).
75. Commercial gaming revenue account (23701).
76. Commercial gaming regulation account (23702).
77. Highway use tax administration account (23801).
78. New York state secure choice administrative account (23806).
79. New York state cannabis revenue fund (24800).
80. Fantasy sports administration account (24951).
81. Mobile sports wagering fund (24955).
82. Highway and bridge capital account (30051).
83. State university residence hall rehabilitation fund (30100).
84. State parks infrastructure account (30351).
85. Clean water/clean air implementation fund (30500).
86. Hazardous waste remedial cleanup account (31506).
87. Youth facilities improvement account (31701).
S. 4005--B 45
88. Housing assistance fund (31800).
89. Housing program fund (31850).
90. Highway facility purpose account (31951).
91. New York racing account (32213).
92. Capital miscellaneous gifts account (32214).
93. Information technology capital financing account (32215).
94. New York environmental protection and spill remediation account
(32219).
95. Mental hygiene facilities capital improvement fund (32300).
96. Correctional facilities capital improvement fund (32350).
97. New York State Storm Recovery Capital Fund (33000).
98. OGS convention center account (50318).
99. Empire Plaza Gift Shop (50327).
100. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
101. Centralized services fund (55000).
102. Archives records management account (55052).
103. Federal single audit account (55053).
104. Civil service administration account (55055).
105. Civil service EHS occupational health program account (55056).
106. Banking services account (55057).
107. Cultural resources survey account (55058).
108. Neighborhood work project account (55059).
109. Automation & printing chargeback account (55060).
110. OFT NYT account (55061).
111. Data center account (55062).
112. Intrusion detection account (55066).
113. Domestic violence grant account (55067).
114. Centralized technology services account (55069).
115. Labor contact center account (55071).
116. Human services contact center account (55072).
117. Tax contact center account (55073).
118. Department of law civil recoveries account (55074).
119. Executive direction internal audit account (55251).
120. CIO Information technology centralized services account (55252).
121. Health insurance internal service account (55300).
122. Civil service employee benefits division administrative account
(55301).
123. Correctional industries revolving fund (55350).
124. Employees health insurance account (60201).
125. Medicaid management information system escrow fund (60900).
126. Virtual currency assessments account.
§ 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
S. 4005--B 46
9. Federal capital projects fund (31350).
§ 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2024, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $1,175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $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. $2,314,000,000 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. $1,033,000,000 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. $145,200,000 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. $981,897,000 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. $7,000,000 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,
2024 from the charitable gifts trust fund, elementary and secondary
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
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
S. 4005--B 47
(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. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
13. Intentionally omitted.
14. $5,160,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32222).
15. $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).
16. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
17. $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. $200,000,000 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.
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. $4,000,000 from the waste management & cleanup account (21053) to
the general fund.
S. 4005--B 48
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
12. Up to $10,000,000 from the general fund to the miscellaneous
special revenue fund, patron services account (22163).
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. $175,000,000 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. $905,000,000 from the general fund to the housing program fund
(31850).
12. Up to $10,000,000 from any of the office of children and family
services special revenue federal funds to the office of the court admin-
istration special revenue other federal iv-e funds account.
General Government:
1. $12,000,000 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.
S. 4005--B 49
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $1,826,000 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. $30,000,000 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.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $8,940,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
5. $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).
6. $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).
7. $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).
8. Intentionally omitted.
9. Intentionally omitted.
S. 4005--B 50
10. Intentionally omitted.
11. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the miscellaneous special revenue fund,
environmental laboratory fee account (21959).
12. Intentionally omitted.
13. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
14. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22140), to the general fund.
15. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
16. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
17. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
18. Intentionally omitted.
19. $1,117,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
20. $813,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
21. $313,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
22. $1,473,000 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.
4. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account 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. Intentionally omitted.
4. Intentionally omitted.
S. 4005--B 51
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. Intentionally omitted.
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. Intentionally omitted.
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).
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. $14,400,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
14. $2,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account.
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. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
S. 4005--B 52
6. $8,250,000,000 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.
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2024:
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).
§ 4. On or before March 31, 2024, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
§ 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement of bondable equipment for further
transfer to the state's general fund.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2024, 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
S. 4005--B 53
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, 2024, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2024.
§ 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 $1,226,598,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 through June 30, 2024 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 $62,340,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 to June 30, 2024 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.
§ 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 $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, 2023 to June 30, 2024 to fully fund the tuition credit
pursuant to subdivision two of section six hundred sixty-nine-h 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 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, 2024.
§ 13. 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
S. 4005--B 54
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, 2024.
§ 14. 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.
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $700 million from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2023-24 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.
§ 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 $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
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
S. 4005--B 55
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 $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.
§ 18. 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, 2023, the proceeds of which will be utilized to
support energy-related state activities.
§ 19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2024.
§ 20. 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, 2024 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part FFF of chapter 56 of the laws of 2022, 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-two] TWENTY-THREE, 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
[$1,830,985,000,] $1,716,913,000 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-two] TWENTY-THREE.
§ 22. 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, 2024, the following amounts from
S. 4005--B 56
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $456,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $570,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $170,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $323,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $9,016,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $142,782,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $51,897,000 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).
§ 23. Intentionally omitted.
§ 24. Subdivision 5 of section 183 of the military law, as amended by
section 2 of part O of chapter 55 of the laws of 2018, is amended to
read as follows:
5. All moneys paid as rent as provided in this section, together with
all sums paid to cover expenses of heating and lighting, shall be trans-
mitted by the officer in charge and control of the armory through the
adjutant general to the state treasury for deposit to the [agencies
enterprise fund] MISCELLANEOUS SPECIAL REVENUE FUND - 339 armory rental
account.
§ 25. Subdivision 2 of section 92-cc of the state finance law, as
amended by section 26 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Such fund shall have a maximum balance not to exceed [fifteen]
TWENTY per centum of the aggregate amount projected to be disbursed from
the [general fund] STATE OPERATING FUNDS during [the fiscal year imme-
diately following] the then-current fiscal year AS ESTIMATED IN THE
ENACTED BUDGET FINANCIAL PLAN. At the request of the director of the
budget, the state comptroller shall transfer monies to the rainy day
reserve fund up to and including an amount equivalent to [three] TEN per
centum of the aggregate amount projected to be disbursed from the
[general fund] STATE OPERATING FUNDS during the then-current fiscal year
AS ESTIMATED IN THE ENACTED BUDGET FINANCIAL PLAN, unless such transfer
would increase the rainy day reserve fund to an amount in excess of
[fifteen] TWENTY per centum of the aggregate amount projected to be
disbursed from the [general fund] STATE OPERATING FUNDS during the
[fiscal year immediately following the] then-current fiscal year AS
ESTIMATED IN THE ENACTED BUDGET FINANCIAL PLAN, in which event such
transfer shall be limited to such amount as will increase the rainy day
reserve fund to such [fifteen] TWENTY per centum limitation.
S. 4005--B 57
§ 26. 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.
§ 27. 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 30 of part FFF of chapter 56 of the laws of 2022, 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 [nine billion five hundred two
million seven hundred thirty-nine thousand dollars $9,502,739,000] NINE
BILLION EIGHT HUNDRED SIXTY-FIVE MILLION EIGHT HUNDRED FIFTY-NINE THOU-
SAND DOLLARS $9,865,859,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and community supervision
from the correctional facilities capital improvement fund for capital
projects. The aggregate amount of bonds, notes or other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [nine
billion five hundred two million seven hundred thirty-nine thousand
dollars $9,502,739,000] NINE BILLION EIGHT HUNDRED SIXTY-FIVE MILLION
EIGHT HUNDRED FIFTY-NINE THOUSAND DOLLARS $9,865,859,000, only if the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations to be issued shall not exceed the
S. 4005--B 58
present value of the aggregate debt service of the bonds, notes or other
obligations so to be refunded or repaid. For the purposes hereof, the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations and of the aggregate debt service
of the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
§ 28. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 31 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [four
hundred twenty-six million one hundred thousand dollars $426,100,000]
FIVE HUNDRED THIRTY-EIGHT MILLION ONE HUNDRED THOUSAND DOLLARS
$538,100,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects including IT
initiatives for the division of state police, debt service and leases;
and to reimburse the state general fund for disbursements made therefor.
Such bonds and notes of such authorized issuer shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 29. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 32 of part FFF of chapter 56 of the laws of 2022,
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 [eight billion one hundred seventy-one million one
hundred ten thousand dollars $8,171,110,000] NINE BILLION THREE HUNDRED
EIGHT MILLION TWO HUNDRED TEN THOUSAND DOLLARS $9,308,210,000, 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
S. 4005--B 59
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 30. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 33 of part FFF of chapter 56 of the laws of 2022, 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 [three hundred eighty-three million five hundred thousand dollars
$383,500,000] FOUR HUNDRED SEVENTY-SIX MILLION FIVE HUNDRED THOUSAND
DOLLARS $476,500,000, 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 six hundred four million nine hundred eighty-six
thousand dollars $1,604,986,000] ONE BILLION SEVEN HUNDRED TEN MILLION
EIGHTY-SIX THOUSAND DOLLARS $1,710,086,000, excluding bonds issued to
fund one or more debt service reserve funds, to pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued, for the purpose of financing improve-
ments to State office buildings and other facilities located statewide,
including the reimbursement of any disbursements made from the state
capital projects fund. Such bonds and notes of the corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the corporation for debt service and related expenses
pursuant to any service contracts executed pursuant to subdivision (b)
of this section, and such bonds and notes shall contain on the face
thereof a statement to such effect.
§ 31. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 34 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [sixteen billion six hundred eleven million five hundred sixty-
four thousand dollars $16,611,564,000] EIGHTEEN BILLION TWO HUNDRED
NINETY-SEVEN MILLION FIVE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$18,297,564,000; 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
S. 4005--B 60
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.
§ 31-a. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
(iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
ter 63 of the laws of 2005, relating to the composition and responsibil-
ities of the New York state higher education capital matching grant
board, as amended by section 52 of part FFF of chapter 56 of the laws of
2022, are amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [three
hundred forty-five million dollars $345,000,000] FOUR HUNDRED TWENTY-
FIVE MILLION DOLLARS $425,000,000. Each college shall be eligible for a
grant award amount as determined by the calculations pursuant to subdi-
vision five of this section. In addition, such colleges shall be eligi-
ble to compete for additional funds pursuant to paragraph (h) of subdi-
vision four of this section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [three hundred forty-five million dollars
$345,000,000] FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS $425,000,000 for
the purposes of this section; excluding bonds or notes issued to fund
one or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Except for purposes of complying with the
internal revenue code, any interest on bond proceeds shall only be used
to pay debt service on such bonds.
§ 32. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 35 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
S. 4005--B 61
(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 [ten billion two hundred fifty-four
million six hundred eighty-six thousand dollars $10,254,686,000] ELEVEN
BILLION THREE HUNDRED NINE MILLION SIX HUNDRED FIFTY-TWO THOUSAND
DOLLARS $11,309,652,000. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the city university, and the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
§ 33. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 36 of part FFF of chapter 56 of the laws of 2022,
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 one
hundred twenty-three million one hundred forty thousand dollars
$1,123,140,000] ONE BILLION TWO HUNDRED TWENTY-NINE MILLION ONE HUNDRED
NINETY-FIVE THOUSAND DOLLARS $1,229,195,000. 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.
§ 34. 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 37 of part FFF of chapter 56 of the laws of 2022, 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 [nine hundred sixty-two million
S. 4005--B 62
seven hundred fifteen thousand dollars $962,715,000] ONE BILLION FOUR-
TEEN MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000,
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 obli-
gations 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 facilities improve-
ment fund OR THE CAPITAL PROJECTS FUND, to pay for all or any portion of
the amount or amounts paid by the state from appropriations or reappro-
priations made to the office of children and family services from the
youth facilities improvement fund for capital projects. The aggregate
amount of bonds, notes and other obligations authorized to be issued
pursuant to this section shall exclude bonds, notes or other obligations
issued to refund or otherwise repay bonds, notes or other obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations made to the office of children and family services;
provided, however, that upon any such refunding or repayment the total
aggregate principal amount of outstanding bonds, notes or other obli-
gations may be greater than [nine hundred sixty-two million seven
hundred fifteen thousand dollars $962,715,000] ONE BILLION FOURTEEN
MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000, only
if the present value of the aggregate debt service of the refunding or
repayment bonds, notes or other obligations to be issued shall not
exceed the present value of the aggregate debt service of the bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that rate arrived at by doubling the semi-annual interest rate
(compounded semi-annually) necessary to discount the debt service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
§ 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 38 of part FFF
of chapter 56 of the laws of 2022, 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
S. 4005--B 63
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 [ten billion nine hundred forty-two million eight hundred
thirty-three thousand dollars $10,942,833,000] TWELVE BILLION FOUR
HUNDRED NINE MILLION ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS
$12,409,157,000, 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 [ten
billion nine hundred forty-two million eight hundred thirty-three thou-
sand dollars $10,942,833,000] TWELVE MILLION FOUR HUNDRED NINE MILLION
ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS $12,409,157,000, only if,
except as hereinafter provided with respect to mental health services
facilities bonds and mental health services facilities notes issued to
refund mental hygiene improvement bonds authorized to be issued pursuant
to the provisions of section 47-b of the private housing finance law,
the present value of the aggregate debt service of the refunding or
repayment bonds to be issued shall not exceed the present value of the
aggregate debt service of the bonds to be refunded or repaid. For
purposes hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or other obligations and of the
aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, 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 authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a term not to exceed the average
useful life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case shall not
exceed thirty years and the 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 agen-
cy 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
S. 4005--B 64
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 princi-
pal 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 previously
approved by the legislature.
§ 36. 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 39 of part FFF of chapter 56 of the laws of 2022, 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 [one hundred ninety-seven
million dollars $197,000,000] TWO HUNDRED FORTY-SEVEN MILLION DOLLARS
$247,000,000, 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
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 37. Section 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 40 of part FFF of chapter 56 of the laws of 2022, 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 princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed [three hundred ninety-three million dollars
$393,000,000] FOUR HUNDRED NINETY-THREE MILLION DOLLARS $493,000,000,
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
S. 4005--B 65
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
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 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 41 of part FFF of chapter 56 of the laws of 2022, 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 fifty-three million eight hundred eighty-one thousand dollars
$13,053,881,000] FOURTEEN BILLION ONE HUNDRED FORTY-SEVEN MILLION TWO
HUNDRED THIRTY-FOUR THOUSAND DOLLARS $14,147,234,000 cumulatively by the
end of fiscal year [2022-23] 2023-24. 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 municipality, where allocations
to cities, towns and villages are based on the total number of New York
S. 4005--B 66
or United States or interstate signed touring route miles for which such
municipality has capital maintenance responsibility, and where such
eligible capital costs include the costs of construction and repair of
highways, bridges, highway-railroad crossings, and other transportation
facilities for projects with a service life of ten years or more.
§ 39. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 42 of part FFF of chapter 56 of the laws of 2022,
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 thirty-three million
dollars $333,000,000] THREE HUNDRED SEVEN-TWO MILLION DOLLARS
$372,000,000.
§ 40. 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 43 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York
and other state costs associated with such projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed [fourteen billion nine hundred sixty-eight million four
hundred two thousand dollars $14,968,402,000] SEVENTEEN BILLION TWO
HUNDRED EIGHTY-SIX MILLION SIX HUNDRED TWO THOUSAND DOLLARS
$17,286,602,000, excluding bonds issued to fund one or more debt service
S. 4005--B 67
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 corpo-
ration shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York
and other state costs associated with such projects the director of the
budget is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and the corporation
agree, so as to annually provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract entered into pursuant to this section shall provide that the
obligation of the state to pay the amount therein provided shall not
constitute a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
of monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to annual appro-
S. 4005--B 68
priation by the legislature. Any such contract or any payments made or
to be made thereunder may be assigned and pledged by the dormitory
authority and the corporation as security for its bonds and notes, as
authorized by this section.
§ 41. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 44 of part FFF of chapter 56 of the laws of 2022, 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 [ten
billion one hundred forty-seven million eight hundred sixty-three thou-
sand dollars $10,147,863,000] FOURTEEN BILLION FOUR HUNDRED THIRTY-EIGHT
MILLION SIX HUNDRED ELEVEN THOUSAND DOLLARS $14,438,611,000, 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 authori-
ty, the dormitory authority and the urban development corporation shall
not be a debt of the state, and the state shall not be liable thereon,
nor shall they be payable out of any funds other than those appropriated
by the state to the authority, the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 42. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 45 of part FFF of chapter 56
of the laws of 2022, 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 eighty-two
million eight hundred ninety-one thousand dollars $13,082,891,000] FOUR-
TEEN BILLION FOUR HUNDRED SEVENTY-EIGHT MILLION THREE HUNDRED FIVE THOU-
SAND DOLLARS $14,478,305,000, plus a principal amount of bonds issued to
fund the debt service reserve fund in accordance with the debt service
reserve fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
S. 4005--B 69
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 43. 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 46 of part FFF of chapter 56 of the
laws of 2022, 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 one million seven hundred thousand dollars
$301,700,000] THREE HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED NINETY-NINE
THOUSAND DOLLARS $321,799,000, 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.
§ 44. 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 47 of part FFF of chapter 56 of the
laws of 2022, 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 one
hundred fifty-two million five hundred sixty-six thousand dollars
$1,152,566,000] ONE BILLION TWO HUNDRED EIGHTY-EIGHT MILLION EIGHT
HUNDRED FIFTY-TWO THOUSAND DOLLARS $1,288,852,000, 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
S. 4005--B 70
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 45. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 48 of part FFF of chapter 56 of
the laws of 2022, 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 [nineteen billion seven hundred
seventy-six million nine hundred twenty thousand dollars
$19,776,920,000] TWENTY BILLION SIX HUNDRED FORTY-EIGHT MILLION FIVE
HUNDRED SEVEN THOUSAND DOLLARS $20,648,507,000, 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 pursu-
ant to this section, as 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 constitute 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.
§ 46. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 50 of part FFF of chapter 56 of the laws of 2022,
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
S. 4005--B 71
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects, the health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [four
billion six hundred fifty-three million dollars $4,653,000,000] FIVE
BILLION ONE HUNDRED FIFTY-THREE MILLION DOLLARS $5,153,000,000, exclud-
ing 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.
§ 47. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 51 of part FFF of chapter 56 of the laws of 2022,
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 eight hundred thirty thousand dollars ($40,830,000)] FORTY
MILLION NINE HUNDRED FORTY-FIVE THOUSAND DOLLARS $40,945,000, 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 laboratory. Eligible project costs may include, but not be
limited to the cost of design, financing, site investigations, site
acquisition and preparation, demolition, construction, rehabilitation,
acquisition of machinery and equipment, and infrastructure improvements.
Such bonds and notes of such authorized issuers shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuers for debt service and related expenses pursuant
to any service contract executed pursuant to subdivision two of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 48. Intentionally omitted.
§ 49. Intentionally omitted.
§ 50. Subdivision 2 of section 58 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as added by section 56 of part FFF of chapter 56 of the laws
of 2022, is amended to read as follows:
2. Definitions. When used in this section:
S. 4005--B 72
(A) "Commission" shall mean the gateway development commission, a
bi-state commission and a body corporate and politic established by the
state of New Jersey and the state of New York, acting in the public
interest and exercising essential governmental functions in accordance
with the Gateway development commission act, and any successor thereto.
(B) "Federal transportation loan" shall mean one or more loans made to
the commission to finance the Hudson tunnel project under or pursuant to
any U.S. Department of Transportation program or act, including but not
limited to the Railroad Rehabilitation & Improvement Financing Program
or the Transportation Infrastructure Finance and Innovation Act, which
loan or loans are related to the state capital commitment.
(C) "Gateway development commission act" shall mean chapter 108 of the
laws of New York, 2019, as amended.
(D) "Gateway project" shall mean the Hudson tunnel project.
(E) "Hudson tunnel project" shall mean the project consisting of
construction of a tunnel connecting the states of New York and New
Jersey and the completion of certain ancillary facilities including
construction of concrete casing at Hudson Yards in Manhattan, New York
and the rehabilitation of the existing North River Tunnels.
(F) "State capital commitment" shall mean an aggregate principal
amount not to exceed [$2,350,000,000] $2,850,000,000, plus any interest
costs, including capitalized interest, and related expenses and fees
payable by the state of New York to the commission under one or more
service contracts or other agreements pursuant to this section, as well
as any expenses of the state incurred in connection therewith.
(G) "Related expenses and fees" shall mean commitment fees and other
ancillary costs, expenses and fees incurred, and to become due and paya-
ble, by the commission in connection with the Federal transportation
loan.
§ 51. 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, 2024 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 fifty-three of this act,
provided that the annual amount of the transfer shall be no more than
the principal and interest that would have otherwise been due 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 considered inter-
changeable between the designated special revenue accounts as to meet
the requirements of this section and section fifty-three of this act:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from the miscellaneous special revenue fund, state
university dormitory income reimbursable account (21937).
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 52. Section 59 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 59 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 59. The dormitory authority of the state of New York, the New York
state urban development corporation, and the New York state thruway
authority are hereby authorized to issue bonds in one or more series
under either article 5-C or article 5-F of the state finance law for the
S. 4005--B 73
purpose of refunding obligations of the power authority of the state of
New York to fund energy efficiency projects at state agencies including,
but not limited to, the state university of New York, city university of
New York, the New York state office of general services, New York state
office of mental health, state education department, and New York state
department of agriculture and markets. The aggregate principal amount
of bonds authorized to be issued pursuant to this section shall not
exceed [two hundred million dollars ($200,000,000)] FOUR HUNDRED SEVEN-
TY-FIVE MILLION DOLLARS ($475,000,000), excluding bonds issued to pay
costs of issuance of such bonds and to refund or otherwise repay such
bonds. Such bonds issued by the dormitory authority of the state of New
York, the New York state urban development corporation, and New York
state thruway authority 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 under article 5-C or article
5-F of the state finance law, as applicable.
§ 53. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 49 of part FFF of chapter 56 of the laws of 2022, 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-three] TWENTY-FOUR
pursuant to this section may be issued with a maximum maturity of fifty
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.
§ 54. Paragraph (b) of subdivision 4 of section 72 of the state
finance law, as amended by section 46 of part JJ of chapter 56 of the
laws of 2020, is amended to read as follows:
(b) On or before the beginning of each quarter, the director of the
budget may certify to the state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding payments due from the
S. 4005--B 74
revenue bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law to the contrary, the
state comptroller shall reserve in the general debt service fund the
amount of monies identified on such certificate as necessary for the
payment of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved shall
not be available for any other purpose. Such certificate shall be
reported to the chairpersons of the Senate Finance Committee and the
Assembly Ways and Means Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twenty-three.]
§ 55. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven-
teen, eighteen, nineteen, twenty and twenty-two, of this act shall
expire March 31, 2024 when upon such date the provisions of such
sections shall be deemed repealed.
PART DD
Section 1. The election law is amended by adding a new section 3-112
to read as follows:
§ 3-112. STATE BOARD OF ELECTIONS; UNIFORM STANDARDS FOR PROCESSING
DATA REQUESTS AND DUTY TO SEND DATA AND INFORMATION TO STATEWIDE DATA-
BASE. 1. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS
WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION
STANDARDIZING ACROSS EACH COUNTY AND CITY BOARDS OF ELECTIONS THE METHOD
OF PROCESSING FREEDOM OF INFORMATION LAW REQUESTS AND PROVIDING FOR
TIMELY DISTRIBUTION OF SUCH DATA TO THE PUBLIC.
2. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
THE VOTER HISTORY FILE AFTER EVERY ELECTION, EACH BOARD OF ELECTIONS
SHALL WITHIN TEN BUSINESS DAYS TRANSMIT COPIES OF: (A) ELECTION RESULTS
AT THE ELECTION DISTRICT LEVEL; (B) CONTEMPORANEOUS VOTER REGISTRATION
LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR OTHER DOCUMENTATION OF THE
CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE
STATE BOARD OF ELECTIONS; AND (E) LISTS OF ELECTION DAY POLL SITES AND
EARLY VOTING SITES AND MAPS OR OTHER DOCUMENTATION OF THE CONFIGURATION
OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE STATE BOARD OF
ELECTIONS OF THE ELECTION DISTRICTS ASSIGNED TO EACH ELECTION DAY POLL
SITE OR EARLY VOTING SITE. FOR THE PURPOSES OF THIS SUBDIVISION, THE
TERM "ELECTION AUTHORITY" REFERS TO THE AGENCY PRIMARILY RESPONSIBLE FOR
MAINTAINING THE RECORDS LISTED IN THIS SUBDIVISION AND INCLUDES ANY
BOARD OF ELECTION, AS WELL AS GENERAL PURPOSE LOCAL GOVERNMENTS OR
SPECIAL PURPOSE LOCAL GOVERNMENTS THAT ADMINISTER THEIR OWN ELECTIONS OR
MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS.
3. THE STATE BOARD OF ELECTIONS SHALL UPLOAD THE DATA RECEIVED TO ITS
PUBLIC FACING WEBSITE WITHIN FIVE BUSINESS DAYS OF ITS RECEIPT. NO COST
SHALL BE CHARGED TO ACCESS THE DATA.
4. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE DATABASE AND INSTI-
TUTE, OR THEIR DESIGNEES MAY FILE AN ACTION TO ENFORCE COMPLIANCE WITH
THE REQUIREMENTS OF THIS SECTION.
§ 2. The education law is amended by adding a new article 117 to read
as follows:
ARTICLE 117
NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
SECTION 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS.
S. 4005--B 75
5802. ESTABLISHMENT OF THE NEW YORK VOTING AND ELECTIONS DATA-
BASE AND INSTITUTE.
5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS DATABASE AND
INSTITUTE.
5804. CO-DIRECTORS AND CHAIRS ON VOTING AND ELECTIONS.
5805. ANNUAL REPORT.
§ 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS. NEW YORK'S
EXISTING SYSTEM OF VOTING AND ELECTION ADMINISTRATION HAS DEVELOPED OVER
THE COURSE OF TWO CENTURIES AND HAS EVOLVED IN RESPONSE TO CHANGING
UNDERSTANDINGS OF CIVIL RIGHTS AND THE IMPORTANCE OF EQUITABLE PARTIC-
IPATION IN GOVERNMENT. THE LEGISLATURE HEREBY FINDS THAT EQUITABLE,
EFFICIENT, AND ACCOUNTABLE ELECTIONS REQUIRE TRANSPARENCY AND RELIABLE
DATA TO BETTER INFORM THE PUBLIC AND THE LEGISLATIVE PROCESS IN DECISION
MAKING REGARDING ELECTION ADMINISTRATION AND VOTING RIGHTS IN THE STATE.
THEREFORE, THE LEGISLATURE FINDS THAT IT IS IN THE PUBLIC INTEREST TO
ESTABLISH A CENTRAL INSTITUTION TO REDUCE THE BURDEN ON BOARDS OF
ELECTIONS, LOCAL GOVERNMENTS AND SCHOOL DISTRICTS WITH REGARD TO STORING
AND SHARING ELECTION DATA, PROVIDE A NONPARTISAN AND ACCURATE SET OF
DATA THAT THE PUBLIC CAN RELY UPON, ENCOURAGE THE ENACTMENT OF
EVIDENCE-BASED ELECTION POLICIES AND LEGISLATION, AND IMPROVE TRANSPAR-
ENCY AND ALLOW VOTERS TO DETECT INEQUITABLE ELECTION POLICIES AND RACIAL
DISCRIMINATION.
§ 5802. ESTABLISHMENT OF THE NEW YORK VOTING AND ELECTIONS DATABASE
AND INSTITUTE. THERE IS HEREBY ESTABLISHED JOINTLY WITHIN THE STATE
UNIVERSITY OF NEW YORK AND CITY UNIVERSITY OF NEW YORK THE "NEW YORK
VOTING AND ELECTIONS DATABASE AND INSTITUTE", REFERRED TO IN THIS ARTI-
CLE AS THE "DATABASE AND INSTITUTE", TO MAINTAIN AND ADMINISTER A
CENTRAL REPOSITORY OF ELECTIONS AND VOTING DATA AVAILABLE TO THE PUBLIC
FROM ALL POLITICAL SUBDIVISIONS IN THE STATE OF NEW YORK AND TO FOSTER,
PURSUE, AND SPONSOR RESEARCH ON EXISTING LAWS AND BEST PRACTICES IN
VOTING AND ELECTIONS. FOR THE PURPOSES OF THIS SECTION, "POLITICAL
SUBDIVISION" SHALL MEAN A GEOGRAPHIC AREA OF REPRESENTATION CREATED FOR
THE PROVISION OF GOVERNMENT SERVICES, INCLUDING, BUT NOT LIMITED TO, A
COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER DISTRICT
ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
§ 5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS DATABASE AND
INSTITUTE. 1. THE DATABASE AND INSTITUTE SHALL PROVIDE A CENTER FOR
RESEARCH, TRAINING AND INFORMATION ON VOTING SYSTEMS AND ELECTION ADMIN-
ISTRATION. THE DATABASE AND INSTITUTE IS HEREBY EMPOWERED:
(A) TO CONDUCT CLASSES BOTH FOR CREDIT AND NON-CREDIT;
(B) TO ORGANIZE INTERDISCIPLINARY GROUPS OF SCHOLARS TO RESEARCH
VOTING AND ELECTIONS IN THE STATE;
(C) TO CONDUCT SEMINARS INVOLVING VOTING AND ELECTIONS;
(D) TO ESTABLISH A NONPARTISAN CENTRALIZED DATABASE IN ORDER TO
COLLECT, ARCHIVE, AND MAKE PUBLICLY AVAILABLE AT NO COST AN ACCESSIBLE
DATABASE PERTAINING TO ELECTIONS, VOTER REGISTRATION, AND BALLOT ACCESS
IN THE STATE;
(E) TO ASSIST IN THE DISSEMINATION OF SUCH DATA TO THE PUBLIC;
(F) TO PUBLISH SUCH BOOKS AND PERIODICALS AS IT SHALL DEEM APPROPRIATE
ON VOTING AND ELECTIONS IN THE STATE; AND
(G) TO PROVIDE NONPARTISAN TECHNICAL ASSISTANCE TO POLITICAL SUBDIVI-
SIONS, SCHOLARS, AND THE GENERAL PUBLIC SEEKING TO USE THE RESOURCES OF
THE STATEWIDE DATABASE.
2. (A) DATA TO MAINTAIN. THE DATABASE AND INSTITUTE SHALL MAINTAIN IN
ELECTRONIC FORMAT AND MAKE AVAILABLE TO THE PUBLIC ONLINE AT NO COST AT
S. 4005--B 76
MINIMUM THE FOLLOWING DATA AND RECORDS FOR AT LEAST THE PREVIOUS TWELVE
YEAR PERIOD:
(I) ESTIMATES OF THE TOTAL POPULATION, VOTING AGE POPULATION, AND
CITIZEN VOTING AGE POPULATION BY RACE, COLOR, AND LANGUAGE-MINORITY
GROUP, BROKEN DOWN TO THE ELECTION DISTRICT LEVEL ON A YEAR-BY-YEAR
BASIS FOR EVERY POLITICAL SUBDIVISION IN THE STATE, BASED ON DATA FROM
THE UNITED STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR DATA OF
COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE.
(II) ELECTION RESULTS AT THE ELECTION DISTRICT LEVEL FOR EVERY STATE-
WIDE ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
(III) CONTEMPORANEOUS VOTER REGISTRATION LISTS, VOTER HISTORY FILES,
ELECTION DAY POLL SITE LOCATIONS, AND EARLY VOTING SITE LOCATIONS, FOR
EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
(IV) CONTEMPORANEOUS MAPS OR OTHER DOCUMENTATION OF THE CONFIGURATION
OF ELECTION DISTRICTS IN ANY FORMAT OR FORMATS SPECIFIED BY THE DIREC-
TORS FOR ELECTION DISTRICTS.
(V) ELECTION DAY OR EARLY VOTING POLL SITES INCLUDING, BUT NOT LIMITED
TO, LISTS OF ELECTION DISTRICTS ASSIGNED TO EACH POLLING PLACE, IF
APPLICABLE.
(VI) ADOPTED DISTRICTING OR REDISTRICTING PLANS FOR EVERY ELECTION IN
EVERY POLITICAL SUBDIVISION.
(VII) ANY OTHER DATA THAT THE DIRECTOR DEEMS ADVISABLE TO MAINTAIN IN
FURTHERANCE OF THE PURPOSES OF THIS TITLE.
(B) PUBLIC AVAILABILITY OF DATA. EXCEPT FOR ANY DATA, INFORMATION, OR
ESTIMATES THAT IDENTIFIES INDIVIDUAL VOTERS, THE DATA, INFORMATION, AND
ESTIMATES MAINTAINED BY THE STATEWIDE DATABASE SHALL BE POSTED ONLINE
AND MADE AVAILABLE TO THE PUBLIC AT NO COST.
(C) DATA ON RACE, COLOR, AND LANGUAGE-MINORITY GROUPS. THE STATEWIDE
DATABASE AND INSTITUTE SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS
SECTION BY APPLYING THE MOST ADVANCED, PEER-REVIEWED, AND VALIDATED
METHODOLOGIES.
§ 5804. CO-DIRECTORS AND CHAIRS ON VOTING AND ELECTIONS. TWO CHAIRS
ARE HEREBY ESTABLISHED IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND
INSTITUTE. ONE CHAIR SHALL BE WITHIN THE STATE UNIVERSITY OF NEW YORK.
ONE CHAIR SHALL BE WITHIN THE CITY UNIVERSITY OF NEW YORK. THE CHAIRS
SHALL ALSO ACT AS CO-DIRECTORS OF THE DATABASE AND INSTITUTE.
§ 5805. ANNUAL REPORT. NOT LATER THAN NINETY DAYS FOLLOWING THE END OF
THE STATE FISCAL YEAR THE NEW YORK VOTING AND ELECTIONS DATABASE AND
INSTITUTE SHALL ANNUALLY SUBMIT TO THE GOVERNOR, THE MAJORITY LEADER OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT ON THE PRIORITIES
AND FINANCES OF THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTI-
TUTE.
§ 3. The civil practice law and rules is amended by adding a new rule
4550 to read as follows:
RULE 4550. NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE. THE
DATA, INFORMATION, AND ESTIMATES MAINTAINED BY THE NEW YORK VOTING AND
ELECTIONS DATABASE AND INSTITUTE SHALL BE GRANTED A REBUTTABLE PRESUMP-
TION OF VALIDITY BY ANY COURT CONCERNING ANY CLAIM BROUGHT.
§ 4. The education law is amended by adding a new section 2614 to read
as follows:
§ 2614. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
AND ELECTIONS DATABASE AND INSTITUTE. UPON THE CERTIFICATION OF ELECTION
RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH
ELECTION, EACH SCHOOL DISTRICT THAT HOLDS ELECTIONS PURSUANT TO THIS
ARTICLE SHALL TRANSMIT COPIES OF THE FOLLOWING TO THE NEW YORK VOTING
AND ELECTIONS DATABASE AND INSTITUTE WITHIN NINETY DAYS AFTER SUCH
S. 4005--B 77
ELECTION: (A) SCHOOL BOARD ELECTION RESULTS; (B) CONTEMPORANEOUS VOTER
REGISTRATION LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR OTHER DOCUMEN-
TATION OF THE CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS SPECI-
FIED BY THE DIRECTOR; (E) LISTS OF ELECTION DAY POLL SITES, MAPS OR
OTHER DOCUMENTATION OF THE CONFIGURATION OF DISTRICTS IN ANY FORMAT OR
FORMATS SPECIFIED BY THE DIRECTOR ASSIGNED TO EACH ELECTION DAY POLL
SITE; AND (F) ANY OTHER PUBLICLY AVAILABLE DATA AS REQUESTED BY SUCH
DATABASE AND INSTITUTE.
§ 5. Section 2038 of the education law is renumbered section 2039 and
a new section 2038 is added to read as follows:
§ 2038. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
AND ELECTIONS DATABASE AND INSTITUTE. 1. UPON THE CERTIFICATION OF
ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH
ELECTION, EACH SCHOOL DISTRICT THAT HOLDS SCHOOL BOARD ELECTIONS PURSU-
ANT TO THIS ARTICLE SHALL TRANSMIT COPIES OF THE FOLLOWING TO THE NEW
YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE WITHIN NINETY DAYS
AFTER SUCH ELECTION: (A) SCHOOL BOARD ELECTION RESULTS; (B) CONTEMPORA-
NEOUS VOTER REGISTRATION LISTS; (C) VOTER HISTORY FILES; (D) MAPS,
DESCRIPTIONS, AND SHAPEFILES FOR ELECTION DISTRICTS; (E) LISTS OF
ELECTION DAY POLL SITES, SHAPEFILES, OR DESCRIPTIONS OF THE ELECTION
DISTRICTS ASSIGNED TO EACH ELECTION DAY POLL SITE; AND (F) ANY OTHER
PUBLICLY AVAILABLE DATA AS REQUESTED BY SUCH DATABASE AND INSTITUTE.
2. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE DATABASE AND INSTI-
TUTE, OR THEIR DESIGNEES MAY FILE AN ACTION TO ENFORCE COMPLIANCE WITH
THE REQUIREMENTS OF THIS SECTION.
§ 6. Section 2553 of the education law is amended by adding two new
subdivisions 2-a and 2-b to read as follows:
2-A. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH SCHOOL DISTRICT THAT
HOLDS SCHOOL BOARD ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT
COPIES OF THE FOLLOWING TO THE NEW YORK VOTING AND ELECTIONS DATABASE
AND INSTITUTE WITHIN NINETY DAYS AFTER SUCH ELECTION: (A) SCHOOL BOARD
ELECTION RESULTS; (B) CONTEMPORANEOUS VOTER REGISTRATION LISTS; (C)
VOTER HISTORY FILES; (D) MAPS OR OTHER DOCUMENTATION OF THE CONFIGURA-
TION OF DISTRICTS IN ANY FORMAT OR FORMATS SPECIFIED BY THE DIRECTOR;
(E) LISTS OF ELECTION DAY POLL SITES, SHAPEFILES, OR DESCRIPTIONS OF THE
ELECTION DISTRICTS ASSIGNED TO EACH ELECTION DAY POLL SITE; AND (F) ANY
OTHER PUBLICLY AVAILABLE DATA AS REQUESTED BY SUCH DATABASE AND INSTI-
TUTE.
2-B. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE DATABASE AND INSTI-
TUTE, OR THEIR DESIGNEES MAY FILE AN ACTION TO ENFORCE COMPLIANCE WITH
THE REQUIREMENTS OF THIS SECTION.
§ 7. The state finance law is amended by adding a new section 97-m to
read as follows:
§ 97-M. NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
AS THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND.
2. THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND SHALL
CONSIST OF ALL MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE, INCLUDING ANY FEDERAL, STATE, OR PRIVATE FUNDS, PURSUANT
TO LAW FOR THE MAINTENANCE OF THE VOTING AND ELECTIONS DATABASE REPOSI-
TORY AND FOR RESEARCH CONDUCTED BY SUCH DATABASE AND INSTITUTE.
3. MONEYS IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
FUND MAY BE INVESTED BY THE COMPTROLLER PURSUANT TO SECTION NINETY-
S. 4005--B 78
EIGHT-A OF THIS ARTICLE, AND ANY INCOME RECEIVED BY THE COMPTROLLER
SHALL BE USED FOR THE PURPOSES OF SUCH FUND.
4. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK VOTING AND ELECTIONS
DATABASE AND INSTITUTE FUND SHALL BE EXPENDED FOR THE PURPOSES SET FORTH
IN THIS SECTION, AND MAY NOT BE INTERCHANGED OR COMMINGLED WITH ANY
OTHER ACCOUNT OR FUND BUT MAY BE COMMINGLED WITH ANY OTHER FUND OR
ACCOUNT FOR INVESTMENT PURPOSES.
5. MONEYS IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE AVAILABLE TO
THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FOR MAINTENANCE
OF THE DATABASE AND RESEARCH AND EDUCATION PROGRAMS AS SET FORTH IN
ARTICLE ONE HUNDRED SEVENTEEN OF TITLE SEVEN OF THE EDUCATION LAW.
§ 8. This act shall take effect immediately.
PART EE
Section 1. This act shall be known and may be cited as the "democracy
preservation act".
§ 2. Legislative findings. The legislature hereby finds and declares
that New York state welcomes immigrants, visitors, and investors from
around the world. However, its elections should be decided by the people
of New York and not by foreign investors or the business entities over
which they exert influence. Corporations with partial foreign ownership
have been spending money to influence state and local elections in New
York and around the country. The public has a compelling interest in
limiting the participation of foreign entities in activities of American
democratic self-government, which include spending money to influence
voters and finance campaigns, in the interest of preventing foreign
influence over the United States political process.
Investors are the ultimate beneficiaries of corporate interests. Where
part of the shareholders' equity is attributable to foreign investors,
spending corporate treasury funds on New York elections means spending
the equity of foreign entities on New York elections.
Business corporations and similar entities have a fiduciary duty to
their shareholders, including investors around the world, and generally
prioritize the interests of such shareholders, which may diverge
substantially from the interests of the people of New York and of citi-
zens of the United States. In addition, both formal procedures of corpo-
rate democracy and informal mechanisms of influence can provide foreign
investors with substantial influence even with only a minority of
shares. The United States Securities and Exchange Commission, major
capital investors, corporate managers, and corporate governance experts
broadly agree that ownership or control of one percent or more of shares
can confer substantial influence on corporate decision-making.
Political spending by foreign-influenced business entities can weaken,
interfere with, or disrupt New York's democratic self-government and the
faith that the electorate has in its elected officials. To protect the
integrity of New York's democratic self-government, it is necessary to
prevent foreign-influenced business entities from influencing New York
elections through political spending.
§ 3. The election law is amended by adding a new section 14-117 to
read as follows:
§ 14-117. PROHIBITED CONTRIBUTIONS BY FOREIGN-INFLUENCED BUSINESS
ENTITIES. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT
SHALL BE UNLAWFUL FOR A FOREIGN-INFLUENCED BUSINESS ENTITY, DIRECTLY OR
INDIRECTLY, TO MAKE A CONTRIBUTION OR DONATION OF MONEY OR OTHER THING
S. 4005--B 79
OF VALUE, OR TO MAKE AN EXPRESS OR IMPLIED PROMISE TO MAKE A CONTRIB-
UTION OR DONATION, IN CONNECTION WITH A STATE OR LOCAL ELECTION.
2. IT SHALL BE UNLAWFUL FOR A BUSINESS ENTITY PROHIBITED UNDER SUBDI-
VISION ONE OF THIS SECTION, DIRECTLY OR INDIRECTLY, TO MAKE A CONTRIB-
UTION OR DONATION TO A CONSTITUTED COMMITTEE, INDEPENDENT EXPENDITURE
COMMITTEE, POLITICAL COMMITTEE, OR PARTY COMMITTEE.
3. IT SHALL BE UNLAWFUL FOR A BUSINESS ENTITY PROHIBITED UNDER SUBDI-
VISION ONE OF THIS SECTION, DIRECTLY OR INDIRECTLY, TO MAKE AN EXPENDI-
TURE, INDEPENDENT EXPENDITURE, OR DISBURSEMENT FOR A POLITICAL COMMUNI-
CATION.
4. IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY SOLICIT, ACCEPT, OR
RECEIVE A CONTRIBUTION OR DONATION DESCRIBED IN SUBDIVISION ONE, TWO OR
THREE OF THIS SECTION FROM A FOREIGN-INFLUENCED BUSINESS ENTITY.
5. EXCEPT AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION, IT SHALL BE
UNLAWFUL FOR A PERSON WHO RECEIVES A CONTRIBUTION OR DONATION FROM A
BUSINESS ENTITY TO USE THAT CONTRIBUTION OR DONATION, DIRECTLY OR INDI-
RECTLY, FOR ANY OF THE PURPOSES DESCRIBED IN SUBDIVISION ONE, TWO, OR
THREE OF THIS SECTION, OR TO CONTRIBUTE, DONATE, TRANSFER, OR CONVEY
FUNDS FROM SUCH A CONTRIBUTION OR DONATION TO ANOTHER PERSON FOR USE FOR
ANY OF THE PURPOSES DESCRIBED IN SUBDIVISION ONE, TWO, OR THREE OF THIS
SECTION. HOWEVER, A PERSON MAY USE FUNDS THAT DO NOT COMPLY WITH THE
REQUIREMENTS OF THIS SECTION FOR OTHER LAWFUL PURPOSES.
6. A PERSON WHO RECEIVES A CONTRIBUTION OR DONATION FROM A BUSINESS
ENTITY, AND ALSO RECEIVES FROM THE BUSINESS ENTITY A COPY OF THE STATE-
MENT OF CERTIFICATION DESCRIBED IN SUBDIVISION FOUR OF SECTION 14-116 OF
THIS TITLE, MAY USE SUCH FUNDS FOR THE PURPOSES DESCRIBED IN SUBDIVISION
ONE, TWO, OR THREE OF THIS SECTION ONLY IF THE PERSON SEPARATELY DESIG-
NATES, RECORDS, AND ACCOUNTS FOR SUCH FUNDS, AND ENSURES THAT DISBURSE-
MENTS FOR THE PURPOSES DESCRIBED IN SUBDIVISION ONE, TWO, OR THREE OF
THIS SECTION ARE ONLY MADE FROM FUNDS THAT COMPLY WITH THE REQUIREMENTS
OF THIS SECTION. A PERSON MAY RELY IN GOOD FAITH ON A STATEMENT OF
CERTIFICATION THAT MEETS THE REQUIREMENTS OF SUBDIVISION FOUR OF SECTION
14-116 OF THIS TITLE.
7. ANY PERSON FOUND IN VIOLATION OF THIS SECTION SHALL BE GUILTY OF A
CLASS E FELONY AND SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO THE
CONTRIBUTION OR DONATION AMOUNT PLUS A FINE OF UP TO TEN THOUSAND
DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE
BROUGHT BY THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
§ 4. Section 14-100 of the election law is amended by adding three new
subdivisions 18, 19 and 20 to read as follows:
18. "FOREIGN-INFLUENCED" SHALL MEAN A BUSINESS ENTITY FOR WHICH AT
LEAST ONE OF THE FOLLOWING CONDITIONS IS MET:
(A) A SINGLE FOREIGN OWNER HOLDS, OWNS, CONTROLS, OR OTHERWISE HAS
DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF ONE PERCENT OR MORE OF THE
TOTAL EQUITY, OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS, OR OTHER
APPLICABLE OWNERSHIP INTERESTS OF THE BUSINESS ENTITY; OR
(B) TWO OR MORE FOREIGN OWNERS, IN AGGREGATE, HOLD, OWN, CONTROL, OR
OTHERWISE HAVE DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF FIVE PERCENT
OR MORE OF THE TOTAL EQUITY, OUTSTANDING VOTING SHARES, MEMBERSHIP
UNITS, OR OTHER APPLICABLE OWNERSHIP INTERESTS OF THE BUSINESS ENTITY;
OR
(C) A FOREIGN OWNER PARTICIPATES DIRECTLY OR INDIRECTLY IN THE BUSI-
NESS ENTITY'S DECISION-MAKING PROCESS WITH RESPECT TO THE BUSINESS ENTI-
TY'S POLITICAL ACTIVITIES IN THE UNITED STATES.
19. "BUSINESS ENTITY" SHALL MEAN A FOR-PROFIT ENTITY DOING BUSINESS
FOR PROFIT IN THE STATE OR ELSEWHERE, INCLUDING A FOR-PROFIT CORPO-
S. 4005--B 80
RATION, COMPANY, LIMITED LIABILITY COMPANY, LIMITED PARTNERSHIP, BUSI-
NESS TRUST, BUSINESS ASSOCIATION, JOINT-STOCK ASSOCIATION OR OTHER SIMI-
LAR ENTITY.
20. "FOREIGN OWNER" SHALL MEAN:
(A) A FOREIGN NATIONAL; OR
(B) A BUSINESS ENTITY WHEREIN A FOREIGN NATIONAL HOLDS, OWNS,
CONTROLS, OR OTHERWISE HAS DIRECTLY OR INDIRECTLY ACQUIRED BENEFICIAL
OWNERSHIP OF EQUITY OR VOTING SHARES IN AN AMOUNT THAT IS EQUAL TO OR
GREATER THAN FIFTY PERCENT OF THE TOTAL EQUITY OR OUTSTANDING VOTING
SHARES.
§ 5. Section 14-116 of the election law is amended by adding a new
subdivision 4 to read as follows:
4. EVERY BUSINESS ENTITY THAT MAKES AN EXPENDITURE, OR CONTRIBUTION,
FOR POLITICAL PURPOSES FOR A STATE OR LOCAL ELECTION SHALL FILE WITH THE
STATE BOARD OF ELECTIONS, WITHIN SEVEN BUSINESS DAYS AFTER MAKING SUCH
EXPENDITURE OR CONTRIBUTION, ON THE FORM PRESCRIBED BY THE STATE BOARD
OF ELECTIONS, A STATEMENT OF CERTIFICATION SIGNED BY THE CHIEF EXECUTIVE
OFFICER, PRESIDENT OR OWNER UNDER PENALTY OF PERJURY, AVOWING THAT AFTER
DUE INQUIRY, SUCH BUSINESS ENTITY WAS NOT A FOREIGN-INFLUENCED BUSINESS
ENTITY ON THE DATE SUCH EXPENDITURE OR CONTRIBUTION WAS MADE. BUSINESS
ENTITIES SHALL PROVIDE A COPY OF THE STATEMENT OF CERTIFICATION REQUIRED
BY THIS SUBDIVISION TO ANY CAMPAIGN OR COMMITTEE TO WHICH THEY CONTRIB-
UTE, AND, UPON REQUEST OF THE RECIPIENT, TO ANY OTHER PERSON TO WHOM
THEY CONTRIBUTE.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART FF
Section 1. Subsection (c) of section 612 of the tax law is amended by
adding a new paragraph 47 to read as follows:
(47) INCOME EARNED WHILE WORKING AS AN ELECTION INSPECTOR, POLL CLERK,
OR ELECTION COORDINATOR PURSUANT TO TITLE FOUR OF ARTICLE THREE OF THE
ELECTION LAW IN RELATION TO A GENERAL, PRIMARY, RUN-OFF PRIMARY PURSUANT
TO SUBDIVISION ONE OF SECTION 6-162 OF THE ELECTION LAW, OR SPECIAL
ELECTION HELD PURSUANT TO SECTION FORTY-TWO OF THE PUBLIC OFFICERS LAW,
TO THE EXTENT INCLUDIBLE IN GROSS INCOME FOR FEDERAL INCOME TAX
PURPOSES.
§ 2. Paragraph (a) of subdivision 8 of section 131-a of the social
services law is amended by adding a new subparagraph (xi) to read as
follows:
(XI) INCOME EARNED WHILE WORKING AS AN ELECTION INSPECTOR, POLL CLERK,
OR ELECTION COORDINATOR PURSUANT TO TITLE FOUR OF ARTICLE THREE OF THE
ELECTION LAW IN RELATION TO A GENERAL, PRIMARY, RUN-OFF PRIMARY PURSUANT
TO SUBDIVISION ONE OF SECTION 6-162 OF THE ELECTION LAW, OR SPECIAL
ELECTION HELD PURSUANT TO SECTION FORTY-TWO OF THE PUBLIC OFFICERS LAW,
TO THE EXTENT INCLUDIBLE IN GROSS INCOME FOR FEDERAL INCOME TAX
PURPOSES.
§ 3. This act shall take effect immediately.
PART GG
S. 4005--B 81
Section 1. Subdivisions 1 and 2 of section 3-420 of the election law,
as amended by chapter 180 of the laws of 2005, are amended to read as
follows:
1. Election inspectors, poll clerks, election coordinators and quali-
fied voters appointed to act in place of an absent inspector, clerk or
coordinator shall be paid for their services on the days of registration
and election, by the county containing the election district in which
they serve, in an amount fixed by the county legislative body, WHICH
SHALL BE NO LESS THAN THREE HUNDRED DOLLARS, subject to such limitations
as shall be prescribed or authorized by statute, except that in the city
of New York the amount of such compensation shall be payable by such
city and shall be fixed by the mayor at a daily rate which, in the case
of election inspectors shall not be less than [one hundred thirty] THREE
HUNDRED dollars and in the case of election coordinators not less than
[two hundred] THREE HUNDRED FIFTY dollars. Such inspectors, poll clerks,
election coordinators and qualified voters at a general or special
village election conducted by the board of elections shall be paid by
such village in an amount fixed by the village board of trustees subject
to any such limitations.
2. An election inspector or poll clerk who attends a required training
session shall be paid not less than [twenty-five] FIFTY dollars for each
meeting plus, at the option of the county, transportation expenses not
to exceed the mileage allowance approved by the county legislative body
for their permanent employees, payable by the county or in the case of
the city of New York, by such city. For administrative purposes, each
county may establish one or more categories for the mileage allowance,
based on the range of distance traveled, and pay the mileage allowance
for that category.
§ 2. This act shall take effect immediately.
PART HH
Section 1. Section 3-300 of the election law is amended to read as
follows:
§ 3-300. Board employees; appointment. Every board of elections shall
appoint, and at its pleasure remove, clerks, voting machine technicians,
custodians and other employees, fix their number, prescribe their
duties, fix their titles and rank and establish their salaries within
the amounts appropriated therefor by the local legislative body and
shall secure in the appointment of employees of the board of elections
equal representation of the major political parties. EVERY BOARD OF
ELECTIONS SHALL EMPLOY, AT A MINIMUM, FOUR FULL TIME EMPLOYEES IN ADDI-
TION TO THE APPOINTED COMMISSIONERS. EACH BOARD OF ELECTIONS SHALL
EMPLOY TWO ADDITIONAL EMPLOYEES FOR EVERY FULL ALLOTMENT OF TWENTY THOU-
SAND ACTIVE REGISTERED VOTERS BEYOND FORTY THOUSAND ACTIVE REGISTERED
VOTERS. Every commissioner in each board of elections except for commis-
sioners of the board of elections of the city of New York, may approve
and at pleasure remove a deputy, establish his title and prescribe his
duties. In the city of New York, the board of elections shall appoint an
executive director and a deputy executive director whose duties it shall
be to supervise the operations of the board of elections under the
supervision of such board.
§ 2. This act shall take effect immediately.
PART II
S. 4005--B 82
Section 1. Subdivisions 2 and 3 of section 3-200 of the election law
are amended to read as follows:
2. Each board shall consist of two election commissioners WHO SHALL BE
FULL TIME EMPLOYEES OF THE BOARD, except that the county legislative
body of a county having a population of more than one hundred and twenty
thousand may, by local law, increase the number of commissioners to
four, to be appointed as provided in this title. Each of the major
political parties shall be eligible to recommend appointment of an equal
number of commissioners.
3. In the city of New York the board shall consist of ten commission-
ers of election WHO SHALL BE FULL TIME EMPLOYEES OF THE BOARD AND who
shall be registered voters in the county for which they are appointed
and they shall be appointed by the city council of the city of New York.
Not more than two commissioners shall be registered voters of the same
county.
§ 2. This act shall take effect immediately.
PART JJ
Section 1. Subdivisions 1, 1-a and 2 of section 3-412 of the election
law, subdivision 1 as amended by chapter 310 of the laws of 2021, subdi-
vision 1-a as added by chapter 181 of the laws of 2005 and subdivision 2
as amended by chapter 180 of the laws of 2005, are amended and three new
subdivisions 1-b, 1-c and 1-d are added to read as follows:
1. Each board of elections shall, at least once every year, conduct a
mandatory school for the instruction of election inspectors, poll clerks
and election coordinators. Such instruction may be given in person or
online AT VARIOUS TIMES THROUGHOUT THE YEAR, provided that online
instruction shall be offered over a two week period that includes the
date for in-person instruction. SUCH TRAINING SHALL BE OFFERED NO LESS
FREQUENTLY THAN ON A QUARTERLY BASIS. Certain online participants may be
required to supplement online instruction with in-person instruction
that includes the use of voting machines or other matters requiring
specialized training. Written notice shall be given to participants
stating the time and place at which such in-person instruction shall be
held, the option to obtain instruction online with direction on how to
access the online option, and identifying the participants that must
attend in-person instruction in addition to online instruction.
1-a. The state board of elections shall establish a mandatory core
curriculum for poll worker training which includes the requirements in
subdivision two of this section, [as amended by a chapter of the laws of
2005,] and the rights of voters at the polls and obligation of election
workers to protect those rights while maintaining the integrity of the
franchise, including assisting voters with disabilities or with limited
or no proficiency in the English language, handling, processing and
entitlement to ballots, including affidavit and emergency ballots, prop-
er identification requirements, procedures to be followed with respect
to voters whose names are not on the list of registered voters or whose
identities have not been verified, electioneering and other violations
of the elective franchise as defined in this chapter, solicitation by
individuals and groups at the polling place and procedures to be
followed after the polls close. Each board of elections shall augment
the core curriculum with local procedures not inconsistent with the core
curriculum adopted by the state board of elections and which includes
procedures relating to proper operation of, and remedying problems with,
the voting machine or system in use in that jurisdiction.
S. 4005--B 83
1-B. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND HOST AN EDUCA-
TION AND TRAINING INSTITUTE WHICH SHALL BE RESPONSIBLE FOR THE DEVELOP-
MENT AND IMPLEMENTATION OF A STATEWIDE PROGRAM WHEREIN PERSONS CAN
BECOME CERTIFIED POLL WORKER TRAINERS. THIS INSTITUTE SHALL ALSO CREATE
A TRAIN-THE-TRAINER PROGRAM, IN ORDER FOR COUNTY BOARDS OF ELECTIONS TO
IMPLEMENT AN EFFECTIVE TRAINING PROGRAM AT THEIR RESPECTIVE LOCAL LEVEL
OF PROGRAM DELIVERY. THE STATE BOARD'S TRAINERS SHALL INCLUDE IN THE
TRAINER CURRICULUM TO BE DEVELOPED, ATTENTION TO, INTER ALIA, POLL WORK-
ER ABILITY TO SERVE A DIVERSE ELECTORATE WITH COMPLETE CONFIDENCE AND
RESPECT; PROFESSIONALIZING THE DELIVERY OF ALL ELECTION DAY SERVICES;
PROVIDING ASSISTANCE TO VOTERS WITH DISABILITIES AND THOSE WITH LIMITED
ENGLISH LANGUAGE PROFICIENCY, ENSURING THE DIGNITY AND PRIVACY OF SUCH
INDIVIDUALS; AND TO INDIVIDUALS WHO ARE MEMBERS OF RACIAL OR ETHNIC
MINORITIES, COMPLETE FAMILIARITY AND COMFORT WITH ALL VOTING SYSTEMS IN
USE IN POLL SITES, INCLUDING BALLOT MARKING DEVICES OR OTHER
SYSTEMS/SERVICES AVAILABLE TO VOTERS WITH DISABILITIES; AND POLL WORKER
ABILITY TO RECOGNIZE AND RESOLVE A VARIETY OF ISSUES WHICH MAY ARISE IN
POLL SITES. THE STATE BOARD'S TRAINERS AND ALL CERTIFIED POLL WORKER
INSTRUCTORS SHALL UTILIZE INDUSTRY-PROVEN TRAINING TECHNIQUES AIMED AT
ADULT LEARNERS INCLUDING ROLE-BASED TRAINING AND HANDS-ON TRAINING
OPPORTUNITIES USING OFFICIAL ELECTION DAY FORMS AND POLL SITE VOTING
SYSTEMS AND MAY FURTHER INCLUDE A WEB-BASED COMPONENT AND COMPANION
VIDEO.
1-C. COUNTY BOARDS SHALL ENROLL TRAINERS IN THE PROGRAM IN SUCH QUAN-
TITIES TO ENSURE THAT AN ADEQUATE CONTINGENT OF FULLY TRAINED AND CERTI-
FIED POLL WORKER TRAINERS ARE AVAILABLE TO MEET THE TRAINING NEEDS OF
SUCH COUNTY. EACH COUNTY BOARD OF ELECTIONS SHALL ENROLL NOT LESS THAN
TWO PERSONS DESIGNATED BY THE COUNTY BOARD ON A BIPARTISAN BASIS, IN THE
STATE BOARD OF ELECTIONS TRAINING INSTITUTE. CERTIFIED TRAINERS MUST
MAINTAIN THEIR CERTIFICATION BY ATTENDING ONCE EVERY TWO YEARS, A
CONTINUING EDUCATION PROGRAM, TO ENSURE THE PROFESSIONALISM OF THE POLL
WORKER TRAINING AGENDA SET BY THE STATE BOARD OF ELECTIONS. ENROLLEES
WHO HAVE SUCCESSFULLY COMPLETED THE STATE BOARD'S TRAINING PROGRAM AND
BEEN AWARDED A "CERTIFIED POLL WORKER INSTRUCTOR" CERTIFICATE MAY SERVE
AT THE COUNTY BOARD AS A TRAINER OF POLL WORKERS AS WELL AS A TRAINER OF
OTHER BI-PARTISAN DESIGNEES OF THE COUNTY BOARD, HOWEVER THE CONFERRING
OF THE TITLE "CERTIFIED POLL WORKER INSTRUCTOR" MAY BE MADE ONLY BY THE
STATE BOARD OF ELECTIONS.
1-D. THE STATE BOARD OF ELECTIONS SHALL ADOPT SUCH RULES AND REGU-
LATIONS WHICH MAY BE NECESSARY TO CREATE THE TRAINING INSTITUTE AND
ASSOCIATED CURRICULA PROVIDED FOR IN SUBDIVISIONS ONE-A, ONE-B AND ONE-C
OF THIS SECTION, INCLUDING A PROCESS WHEREBY ATTENDEES WHO SUCCESSFULLY
COMPLETE A STATE BOARD-SPONSORED TRAINING PROGRAM SHALL BE AWARDED A
CERTIFICATE CONFERRING UPON HIM OR HER, THE TITLE OF "CERTIFIED POLL
WORKER INSTRUCTOR".
2. Election inspectors, poll clerks and election coordinators shall be
instructed concerning, BUT NOT LIMITED TO, THE FOLLOWING TOPICS: the
election law AND ANY RELEVANT STATUTORY UPDATES, the taking of registra-
tions, the use of voting machines, disability etiquette, AFFIDAVIT AND
EMERGENCY VOTING PROCESSES, USE OF ELECTRONIC POLL BOOKS, PROVIDING
ASSISTANCE TO VOTERS WITH LIMITED ENGLISH LANGUAGE PROFICIENCY and their
duties in connection therewith as soon as possible after their desig-
nation.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
S. 4005--B 84
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.
PART KK
Section 1. The election law is amended by adding a new section 3-213
to read as follows:
§ 3-213. BOARDS OF ELECTIONS; MANDATORY TRAINING CURRICULUM. 1.
ELECTION COMMISSIONERS AND SUCH OTHER BOARD OF ELECTIONS EMPLOYEES AS
DETERMINED BY THE STATE BOARD OF ELECTIONS SHALL WITHIN SIX MONTHS AFTER
THEIR FIRST APPOINTMENT COMPLETE A COURSE OF INSTRUCTION ON THE OPERA-
TION OF A BOARD OF ELECTIONS WHICH SHALL BE PROVIDED BY THE STATE BOARD
OF ELECTIONS. THE CURRICULUM SHALL BE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS IN CONSULTATION WITH ELECTION COMMISSIONERS AND SHALL NOT
EXCEED THIRTY HOURS OF INSTRUCTION.
2. ANNUALLY, ELECTION COMMISSIONERS AND OTHER BOARD OF ELECTIONS
EMPLOYEES AS DETERMINED BY THE STATE BOARD OF ELECTIONS, SHALL COMPLETE
BEFORE JUNE FIRST A CONTINUING COURSE OF INSTRUCTION ON THE OPERATION OF
A BOARD OF ELECTIONS WHICH SHALL BE PROVIDED BY THE STATE BOARD OF
ELECTIONS. THE CURRICULUM SHALL BE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS IN CONSULTATION WITH THE ELECTION COMMISSIONERS AND SHALL NOT
EXCEED THREE HOURS OF INSTRUCTION.
3. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE TRAINING REQUIRED BY
SUBDIVISION TWO OF THIS SECTION THROUGH, IN ADDITION TO OTHER METHODS IT
MAY CHOOSE, A WEB-BASED RECORDED FORMAT.
4. UPON THE FAILURE OF A COMMISSIONER OR OTHER EMPLOYEE TO COMPLETE
THE INSTRUCTION WITHIN THE TIME REQUIRED BY THIS SECTION, THE STATE
BOARD OF ELECTIONS SHALL SEND A LETTER TO THE COUNTY LEGISLATURE OR CITY
COUNCIL AND THE RESPECTIVE COUNTY PARTY CHAIR OF THE JURISDICTION OF THE
COMMISSIONER STATING THE DELINQUENCY.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART LL
Section 1. 1. New York state aid and incentives for municipalities
redesign task force. There is hereby created the aid and incentives for
municipalities redesign task force whose membership shall consist of 7
members: the director of the division of the budget or his or her desig-
nee as chair; the comptroller or his or her designee; the executive
director of the New York State Conference of Mayors or his or her desig-
nee; the executive director of the New York State Association of Coun-
ties or his or her designee; the executive director of the New York
State Association of Towns or his or her designee; one member appointed
by the temporary president of the senate; one member appointed by the
speaker of the assembly. The task force shall report to the governor,
the speaker of the assembly and the temporary president of the senate no
later than one year after the effective date of this act. Such report
shall include, but not be limited to:
(a) A review and analysis of the current aid and incentives for muni-
cipalities formula and allocations;
(b) An analysis of available alternatives to the current aid and
incentives for municipalities formula and allocations, including models
S. 4005--B 85
from other states, provided, however, that such alternatives shall not
include the allocation of funds to any municipality which is not
currently receiving aid and incentives for municipalities funding;
(c) Recommendations concerning such alternatives to the formula used
to determine future aid and incentives to municipalities funding allo-
cations, provided, however, that such recommendations shall not include
the allocation of funds to any municipality which is not currently
receiving aid and incentives for municipalities funding; and
(d) Any other information the task force deems necessary or relevant.
2. All appointments to the task force shall be made no later than
sixty days after the effective date of this act. Any vacancy shall be
filled by the appointing authority. The task force shall meet as
frequently as it deems necessary prior to issuing its findings and
recommendations. The members of the task force shall serve without
compensation, except that members shall be allowed their necessary and
actual expenses incurred in the performance of their duties under this
section. The department of taxation and finance and the division of the
budget shall provide the task force with such data as the task force may
request to carry out its powers and duties. To the extent practicable,
such data shall be provided in a format in accordance with the standards
outlined in the New York State Open Data Handbook pursuant to executive
order 95 of the laws of 2013. The task force may consult with any public
or private entity it deems necessary in order to assist the task force
with information gathering, analysis, and formulating its conclusions
and recommendations.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2024.
PART MM
Section 1. The executive law is amended by adding new article 15-D to
read as follows:
ARTICLE 15-D
OFFICE OF NATIVE AMERICAN AFFAIRS
SECTION 328-D. OFFICE OF NATIVE AMERICAN AFFAIRS.
328-E. GENERAL FUNCTIONS, POWERS AND DUTIES.
§ 328-D. OFFICE OF NATIVE AMERICAN AFFAIRS. 1. THERE IS HEREBY CREATED
IN THE EXECUTIVE DEPARTMENT AN OFFICE OF NATIVE AMERICAN AFFAIRS. THE
HEAD OF THE OFFICE SHALL BE THE COMMISSIONER OF NATIVE AMERICAN AFFAIRS
WHO SHALL BE APPOINTED BY THE GOVERNOR AND WHO SHALL HOLD OFFICE AT THE
PLEASURE OF THE GOVERNOR.
2. THE COMMISSIONER SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE
GOVERNOR WITHIN THE AMOUNT MADE AVAILABLE THEREFOR BY AN APPROPRIATION
AND SHALL BE ALLOWED HIS OR HER ACTUAL AND NECESSARY EXPENSES IN THE
PERFORMANCE OF HIS OR HER DUTIES.
3. THE COMMISSIONER SHALL DIRECT THE WORK OF THE OFFICE AND SHALL BE
THE CHIEF EXECUTIVE OFFICER OF THE OFFICE. THE COMMISSIONER MAY APPOINT
SUCH OFFICERS AND EMPLOYEES AS HE OR SHE MAY DEEM NECESSARY, PRESCRIBE
THEIR DUTIES, FIX THEIR COMPENSATION, AND PROVIDE FOR THE REIMBURSEMENT
OF THEIR EXPENSES, ALL WITHIN AMOUNTS MADE AVAILABLE THEREFOR BY APPRO-
PRIATION.
§ 328-E. GENERAL FUNCTIONS, POWERS AND DUTIES. THE OFFICE OF NATIVE
AMERICAN AFFAIRS BY AND THROUGH THE COMMISSIONER OR SUCH COMMISSIONER'S
DULY AUTHORIZED OFFICERS AND EMPLOYEES, SHALL:
1. ACT AS A CENTRALIZED OFFICE FOR NATIVE AMERICAN NATIONS TO ACCESS
INFORMATION ON STATE PROGRAMS THAT ARE PROVIDED TO NATIVE AMERICANS.
S. 4005--B 86
2. DEVELOP AND MAINTAIN COOPERATIVE RELATIONSHIPS BETWEEN NEW YORK
STATE'S TRIBAL NATIONS, TRIBAL ORGANIZATION, NATIVE AMERICAN CITIZENS,
AND THE STATE.
3. ESTABLISH, MANAGE, COORDINATE, AND FACILITATE NATIVE AMERICAN-RE-
LATED POLICIES, POSITIONS, AND PROGRAMS.
4. ADVISE AND ASSIST STATE AGENCIES IN DEVELOPING POLICIES, PLANS, AND
PROGRAMS FOR NATIVE AMERICANS.
5. SERVE AS A CONNECTOR FOR NEW YORK STATE'S TRIBAL NATIONS TO OTHER
STATE AGENCIES AND PROGRAMS.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART NN
Section 1. The executive law is amended by adding a new section 295-a
to read as follows:
§ 295-A. NEW YORK ASIAN AMERICAN AND PACIFIC ISLANDER COMMISSION. 1.
(A) THERE IS HEREBY ESTABLISHED WITHIN THE DIVISION THE NEW YORK ASIAN
AMERICAN AND PACIFIC ISLANDER COMMISSION. THE COMMISSION SHALL CONSIST
OF THIRTEEN MEMBERS REPRESENTATIVE OF ASIAN AMERICAN AND PACIFIC ISLAN-
DER COMMUNITIES WHICH MAY INCLUDE, BUT NOT BE LIMITED TO: THE BANGLADE-
SHI, BHUTANESE, CAMBODIAN, CHINESE, FILIPINO, HMONG, INDIAN, INDONESIAN,
JAPANESE, KOREAN, LAOTIAN, MALAYSIAN, MONGOLIAN, NEPALESE, PAKISTANI,
SINGAPOREAN, SRI LANKAN, TAIWANESE, THAI, AND VIETNAMESE COMMUNITIES.
SUCH MEMBERS SHALL HAVE EXPERIENCE ADVOCATING ON BEHALF OF THEIR COMMU-
NITY, AND SHALL BE APPOINTED AS FOLLOWS:
(1) SEVEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
(2) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE; AND
(3) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
THE COMMISSIONER SHALL SERVE AS CHAIR OF THE COMMISSION.
(B) EACH MEMBER OF THE COMMISSION SHALL SERVE A TERM OF THREE YEARS,
EXCEPT THAT IN MAKING THE FIRST APPOINTMENTS TO THE COMMISSION, FOUR
MEMBERS SHALL BE APPOINTED TO SERVE FOR ONE YEAR, FOUR FOR TWO YEARS,
AND FIVE FOR THREE YEARS. THE FIRST APPOINTMENTS MADE BY THE TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL BE ALLOCATED
EQUALLY BETWEEN THE THREE TERMS OF SERVICE. THE FIRST APPOINTMENTS MADE
BY THE GOVERNOR SHALL BE AS FOLLOWS: TWO MEMBERS SHALL BE APPOINTED TO
SERVE FOR ONE YEAR, TWO MEMBERS SHALL BE APPOINTED TO SERVE FOR TWO
YEARS, AND THREE MEMBERS SHALL BE APPOINTED TO SERVE FOR THREE YEARS.
THE MEMBERS SHALL BE ELIGIBLE FOR REAPPOINTMENT AND SHALL SERVE UNTIL
THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED, AND THE TERM OF THE
SUCCESSOR OF ANY INCUMBENT SHALL BE CALCULATED FROM THE EXPIRATION OF
THE TERM OF THAT INCUMBENT. A VACANCY OCCURRING OTHER THAN BY EXPIRATION
OF TERM SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT,
BUT FOR THE UNEXPIRED TERM ONLY.
(C) A MAJORITY OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
QUORUM FOR THE PURPOSE OF CONDUCTING THE BUSINESS THEREOF AND A MAJORITY
VOTE OF ALL THE MEMBERS IN OFFICE SHALL BE NECESSARY FOR ACTION.
2. THE COMMISSION SHALL:
(A) DEVELOP POLICIES TO IMPROVE THE COMMUNITY, ECONOMIC AND SOCIAL
WELL-BEING, AND THE HEALTH AND EDUCATIONAL NEEDS IMPORTANT TO ASIAN
AMERICAN AND PACIFIC ISLANDER COMMUNITIES IN THE STATE;
(B) DEVELOP AND COORDINATE STATEWIDE PROGRAMS, RECOGNIZING THE CONTIN-
UING CONTRIBUTIONS OF ASIAN AMERICAN AND PACIFIC ISLANDER INDIVIDUALS IN
THE STATE;
S. 4005--B 87
(C) CREATE AND IMPLEMENT PUBLIC EDUCATION CAMPAIGNS REGARDING ASIAN
AMERICAN AND PACIFIC ISLANDER ISSUES AND CULTURE;
(D) INCREASE THE AWARENESS AMONG ASIAN AMERICAN AND PACIFIC ISLANDER
INDIVIDUALS OF STATE AND LOCAL RESOURCES THAT MAY BENEFIT ASIAN AMERICAN
AND PACIFIC ISLANDER INDIVIDUALS AND COMMUNITIES AS A WHOLE; AND
(E) UNDERTAKE ANY OTHER ACTIVITIES THE COMMISSION DEEMS NECESSARY AND
APPLICABLE TO SUPPORT ASIAN AMERICAN AND PACIFIC ISLANDER COMMUNITIES IN
THE STATE.
3. THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION, BUT
THEY SHALL BE ENTITLED TO REIMBURSEMENT FOR ALL NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES. THE DIVISION MAY PROVIDE
THE COMMISSION WITH SUCH STAFF, EQUIPMENT, AND FACILITIES AS IT MAY
NEED.
4. THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT ON ITS ACTIVITIES TO
THE GOVERNOR AND THE LEGISLATURE.
§ 2. This act shall take effect immediately.
PART OO
Section 1. Declaration of policy and statement of purpose. It being in
the vital interest of the general public that public works in the state
of New York be administered efficiently and at a reasonable and equita-
ble cost; and, the unforeseen emergency of unanticipated escalation in
construction materials prices having imposed substantial inequity upon
contractors who have heretofore been awarded contracts after public
bidding; and, such inequity having threatened the ability of contractors
to fulfill contracts so awarded; and, in order to perpetuate the bene-
fits derived by the general public from the existing system of public
bidding, and to assure the continuance of the orderly performance of
contracts heretofore awarded as a result of such public bidding; and, it
being in the best interest to provide equitable relief to those contrac-
tors who, having been awarded public contracts, have sustained damage by
reason of such construction materials price escalation, this act is
hereby enacted.
§ 2. Whenever the terms and conditions of a construction contract
awarded by the state of New York or a public benefit corporation based
upon bids submitted prior to April 1, 2020 but only for which materials
were purchased or invoiced after March 1, 2020, require a contractor to
furnish materials in such contract pertaining to such construction mate-
rials may be adjusted upon a determination made by the officer of the
department, board, agency or public benefit corporation that awarded
such contract that there has been an increase in the cost of acquisition
by the contractor, subcontractor or supplier of materials of such mate-
rials in excess of five percent, determined as of the time of the award.
Such a determination shall be based upon the available evidence, includ-
ing but not limited to, an appropriate nationally recognized economic
index published by the United States department of labor or other appro-
priate organization. In the case of any state department or agency any
such increase in contract price shall be subject to the approval of the
state comptroller. Any contractor, subcontractor or supplier of materi-
als who receives an increase in the cost of construction materials shall
also be subject to a downward adjustment in construction materials pric-
es for subsequent de-escalation which may result in a price being lower
than the original bid price. Any contractor requesting an adjustment
shall make application in writing submitting documentary evidence to the
office of the department, board, agency or public benefit corporation
S. 4005--B 88
that awarded the contract establishing such increase in accordance with
the requirements of the department, board, agency or public benefit
corporation, which evidence shall be subject to public inspection during
regular business hours. Any subsequent decrease or de-escalation shall
be made upon a determination by the officer of the department, board,
agency or public benefit corporation that awarded such contract that
there has been a subsequent decrease in the cost of acquisition of such
construction materials by the contractor, subcontractor or supplier of
materials. Such a determination shall be based upon the available
evidence, including but not limited to, an appropriate nationally recog-
nized economic index published by the United States department of labor
or other appropriate organization. Upon the agreement of the parties,
the contract may be amended in writing to reflect the increased or
decreased cost of acquisition of such materials insofar as it exceeds
five percent thereof and such contract amendment shall state the amount
of adjustment and the basis therefor, but in no event shall direct labor
costs, additional profit or overhead be part of such adjustment. To the
extent a construction contract is subject to approval by the state comp-
troller, and as to the form and manner of execution, by the attorney
general, every such contract amendment shall be subject to the approval
of the state comptroller, and as to form and manner of execution, by the
attorney general. No adjustment shall be granted in an amount which,
together with any other sum obligated under the contract, shall exceed
the money appropriated or otherwise lawfully available for the project.
§ 3. (a) The commissioner of general services in contracting for
commodities is authorized, with the approval of the state comptroller,
to terminate or suspend for a part of its term any state contract award
for the purchase of commodities upon written application for such termi-
nation or suspension by the vendor, where extraordinary and unforeseen
general market conditions have caused increases in the vendor's costs
for construction materials or other physical elements consisting of
construction materials to be sold under the contract, where the contract
covers materials which were purchased or invoiced after March 1, 2020,
and the commissioner of general services determines upon evidence
furnished by the vendor as required and deemed to be sufficient by the
commissioner that as the direct and sole result of such increases during
the term of the contract, which exceed five percent of the contractor's
aggregate acquisition costs determined as of the time of the award, the
contractor has incurred or will incur an actual net loss on such
contract from the estimated sales made under the contract and the
contractor would continue to incur such net losses unless the contract
is suspended or terminated. Such a determination shall be based upon the
available evidence, including but not limited to, an appropriate
nationally recognized economic index published by the United States
department of labor or other appropriate organization.
(b) The commissioner of general services is further authorized,
following the determination made pursuant to the provisions of subdivi-
sion (a) of this section that the contractor has incurred or will incur
an actual net loss on such contract from the sales made under the
contract, to grant an increase or increases in the prices of the commod-
ities specified by the contract, in amounts necessary to prevent further
net losses to the contractor on such contract from deliveries to be made
thereafter under the contract, as compensation for and not exceeding
increases of the contractor's acquisition costs during the contract
term. Any such increase in contract prices shall be subject to the
approval of the state comptroller. Any contractor who receives an
S. 4005--B 89
increase in the price of the commodities shall also be subject to a
downward adjustment in the price of the commodities for subsequent
de-escalation which may result in a price being lower than the original
bid price. Any subsequent decrease or de-escalation shall be made upon a
determination by the officer of the department, board, agency or public
benefit corporation that awarded such contract that there has been a
subsequent decrease in the cost of acquisition of such construction
materials by the contractor, subcontractor or supplier of materials.
Such a determination shall be based upon the available evidence, includ-
ing but not limited to, an appropriate nationally recognized economic
index published by the United States department of labor or other appro-
priate organization.
(c) All records, books and documents of the contractor which are
related or useful to the determinations made by the commissioner of
general services and to the approval of the state comptroller hereunder
shall be subject to audit and examination by the state comptroller.
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2024.
PART PP
Section 1. Section 70 of the state law, as amended by section 1 of
part U of chapter 58 of the laws of 2020, is amended to read as follows:
§ 70. Description of the arms of the state and the state flag. The
device of arms of this state is hereby declared to be correctly
described as follows:
Charge. Azure, in a landscape, the sun in fess, rising in splendor or,
behind a range of three mountains, the middle one the highest; in base a
ship and sloop under sail, passing and about to meet on a river,
bordered below by a grassy shore fringed with shrubs, all proper.
Crest. On a wreath azure and or, an American eagle proper, rising to
the dexter from a two-thirds of a globe terrestrial, showing the north
Atlantic ocean with outlines of its shores.
Supporters. On a quasi compartment formed by the extension of the
scroll.
Dexter. The figure of Liberty proper, her hair disheveled and deco-
rated with pearls, vested azure, sandaled gules, about the waist a cinc-
ture or, fringed gules, a mantle of the last depending from the shoul-
ders behind to the feet, in the dexter hand a staff ensigned with a
Phrygian cap or, the sinister arm embowed, the hand supporting the
shield at the dexter chief point, a royal crown by her sinister foot
dejected.
Sinister. The figure of Justice proper, her hair disheveled and deco-
rated with pearls, vested or, about the waist a cincture azure, fringed
gules, sandaled and mantled as Liberty, bound about the eyes with a
fillet proper, in the dexter hand a straight sword hilted or, erect,
resting on the sinister chief point of the shield, the sinister arm
embowed, holding before her her scales proper.
Motto. On a scroll below the shield argent, in sable, [two lines. On
line one,] Excelsior [and on line two, E pluribus unum].
State flag. The state flag is hereby declared to be blue, charged with
the arms of the state in the colors as described in the blazon of this
section.
§ 2. This act shall take effect immediately. All arms of the state and
the state flags printed prior to the effective date need not be removed
or replaced.
S. 4005--B 90
PART QQ
Section 1. The executive law is amended by adding a new article 15-D
to read as follows:
ARTICLE 15-D
OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
SECTION 328-E. DEFINITIONS.
328-F. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE; DIRECTOR,
ORGANIZATION AND EMPLOYEES.
328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
328-H. REPORTING.
§ 328-E. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "OFFICE" MEANS THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE.
2. "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF RACIAL EQUITY AND
SOCIAL JUSTICE.
3. "EQUITY" MEANS FAIR AND JUST OPPORTUNITIES AND OUTCOMES FOR ALL
INDIVIDUALS.
4. "SOCIAL JUSTICE" MEANS EVERY INDIVIDUAL DESERVES TO BENEFIT FROM
THE SAME ECONOMIC, POLITICAL AND SOCIAL RIGHTS AND OPPORTUNITIES, FREE
FROM HEALTH DISPARITIES, REGARDLESS OF RACE; SOCIOECONOMIC STATUS; AGE;
SEX, INCLUDING ON THE BASIS OF GENDER IDENTITY OR ORIENTATION; RELIGION;
DISABILITY; OR OTHER CHARACTERISTICS.
5. "RACE" MEANS A SOCIAL CONSTRUCT THAT ARTIFICIALLY DIVIDES PEOPLE
INTO DISTINCT GROUPS BASED ON CHARACTERISTICS SUCH AS PHYSICAL APPEAR-
ANCE, INCLUDING COLOR; ANCESTRAL HERITAGE; CULTURAL AFFILIATION;
CULTURAL HISTORY; ETHNIC CLASSIFICATION; AND THE SOCIAL, ECONOMIC AND
POLITICAL NEEDS OF A SOCIETY AT A GIVEN PERIOD.
6. "INEQUITY" MEANS SYSTEMATIC AND PATTERNED DIFFERENCES IN WELL-BEING
THAT DISADVANTAGE ONE GROUP IN FAVOR OF ANOTHER CAUSED BY PAST AND
CURRENT DECISIONS, SYSTEMS OF POWER AND PRIVILEGE, AND POLICIES.
7. "INDIVIDUAL RACISM" MEANS EXPLICIT OR IMPLICIT PRE-JUDGMENT BIAS OR
DISCRIMINATION BY AN INDIVIDUAL BASED ON RACE.
8. "INSTITUTIONAL RACISM" MEANS POLICIES, PRACTICES, AND PROCEDURES
THAT WORK BETTER FOR SOME MEMBERS OF A COMMUNITY THAN OTHERS BASED ON
RACE.
9. "RACIAL EQUITY AND SOCIAL JUSTICE" MEANS CHANGES IN POLICY, PRAC-
TICE AND ALLOCATION OF STATE RESOURCES SO THAT RACE OR SOCIAL JUSTICE
CONSTRUCTS DO NOT PREDICT AN INDIVIDUAL'S SUCCESS, WHILE ALSO IMPROVING
OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE.
§ 328-F. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE; DIRECTOR, ORGAN-
IZATION AND EMPLOYEES. 1. THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
IS HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT TO HAVE AND EXERCISE
THE FUNCTIONS, POWERS AND DUTIES PROVIDED BY THE PROVISIONS OF THIS
ARTICLE AND ANY OTHER PROVISION OF LAW.
2. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR, WHO SHALL SERVE AS
THE CHIEF EQUITY OFFICER FOR THE STATE OF NEW YORK. THE DIRECTOR SHALL
BE APPOINTED BY THE GOVERNOR WITH THE CONSENT AND APPROVAL OF THE SENATE
AND RECEIVE A SALARY TO BE FIXED BY THE GOVERNOR WITHIN THE AMOUNTS
APPROPRIATED THEREFOR.
3. THE DIRECTOR MAY, FROM TIME TO TIME, CREATE, ABOLISH, TRANSFER AND
CONSOLIDATE BUREAUS AND OTHER UNITS WITHIN THE OFFICE NOT EXPRESSLY
ESTABLISHED BY LAW AS THE DIRECTOR MAY DETERMINE NECESSARY FOR THE EFFI-
CIENT OPERATION OF THE OFFICE, SUBJECT TO THE APPROVAL OF THE DIRECTOR
OF THE BUDGET.
S. 4005--B 91
4. THE DIRECTOR MAY APPOINT ASSISTANTS, AND OTHER OFFICERS AND EMPLOY-
EES, COMMITTEES AND CONSULTANTS AS THE DIRECTOR MAY DEEM NECESSARY,
PRESCRIBE THEIR POWERS AND DUTIES, FIX THEIR COMPENSATION WITHIN THE
AMOUNTS APPROPRIATED THEREFOR.
5. THE DIRECTOR MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE ANY INFORMATION
AND RESOURCES THAT WILL ENABLE THE OFFICE TO PROPERLY CARRY OUT ITS
FUNCTIONS, POWERS AND DUTIES.
§ 328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. THE OFFICE SHALL
HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
1. TO ACT AS THE OFFICIAL STATE PLANNING AND COORDINATING OFFICE FOR
CHANGES IN POLICY, PRACTICE AND ALLOCATION OF STATE RESOURCES SO THAT
RACE OR SOCIAL JUSTICE CONSTRUCTS DO NOT PREDICT AN INDIVIDUAL'S
SUCCESS, WHILE ALSO IMPROVING OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE,
AND PERFORMING ALL NECESSARY AND APPROPRIATE SERVICES REQUIRED TO
FULFILL THESE DUTIES.
2. TO ESTABLISH, OVERSEE, MANAGE, COORDINATE AND FACILITATE THE PLAN-
NING, DESIGN AND IMPLEMENTATION OF THE STATE'S RACIAL EQUITY AND SOCIAL
JUSTICE ACTION PLAN, SUCH PLAN SHALL INCORPORATE AND EMBED RACIAL EQUITY
AND SOCIAL JUSTICE PRINCIPLES AND STRATEGIES INTO OPERATIONS, PROGRAMS,
SERVICE POLICIES AND COMMUNITY ENGAGEMENT TO ELIMINATE INEQUITY, INSTI-
TUTIONAL RACISM AND INDIVIDUAL RACISM IN THE STATE, AND SHALL INCLUDE
RACIAL EQUITY AND SOCIAL JUSTICE TRAINING FOR ALL STATE EMPLOYEES.
3. TO ADVISE AND ASSIST THE STATE AGENCIES IN DEVELOPING POLICIES,
PLANS AND PROGRAMS FOR ELIMINATING INSTITUTIONAL RACISM AND IMPROVING
RACIAL EQUITY AND SOCIAL JUSTICE.
4. TO PERFORM RACIAL EQUITY AND SOCIAL JUSTICE REVIEWS AND MAKE RECOM-
MENDATIONS FOR IMPROVING MANAGEMENT AND PROGRAM EFFECTIVENESS PERTAINING
TO RACIAL EQUITY AND SOCIAL JUSTICE, INCLUDING, BUT NOT LIMITED TO, AN
ANNUAL RACIAL EQUITY AND SOCIAL JUSTICE IMPACT STATEMENT WHICH SHALL
ACCOMPANY THE EXECUTIVE BUDGET.
5. TO ESTABLISH, OVERSEE, MANAGE A RACIAL EQUITY AND SOCIAL JUSTICE
ADVISORY COMMITTEE, THE COMPOSITION AND DUTIES OF SUCH COMMITTEE AS
DETERMINED BY THE DIRECTOR.
§ 328-H. REPORTING. THE OFFICE SHALL SUBMIT A REPORT TO THE GOVERNOR,
THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE NO
LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND ANNUAL-
LY THEREAFTER. SUCH REPORT SHALL CONTAIN, AT MINIMUM, INFORMATION
RELATED TO POLICY RECOMMENDATIONS OF THE OFFICE AND THE ACTIVITIES OF
THE RACIAL EQUITY AND SOCIAL JUSTICE ADVISORY COMMITTEE. SUCH REPORT
SHALL ALSO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF THE GOVERNOR.
§ 2. This act shall take effect July 1, 2024.
PART RR
Section 1. Subdivision (a) of section 161 of the family court act is
amended to read as follows:
(a) The days and hours the court is open shall be as provided by rule
of court; PROVIDED, THAT THE CHIEF ADMINISTRATOR OF THE COURTS SHALL
REQUIRE THAT THE COURT REMAIN OPEN UNTIL MIDNIGHT AT LEAST ONE NIGHT A
WEEK IN AT LEAST TWO COUNTIES IN THE CITY OF NEW YORK, EFFECTIVE JANUARY
FIRST, TWO THOUSAND TWENTY-FOUR, AND IN AT LEAST THREE COUNTIES IN SUCH
CITY, EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE. WHEN A COURT
REMAINS OPEN UNTIL MIDNIGHT ON A DAY AS PROVIDED HEREIN, THE CHIEF
ADMINISTRATOR SHALL DETERMINE THE CLASSES OF CASES THAT MAY BE HEARD IN
SUCH COURT AFTER FIVE O'CLOCK P.M. AND SUCH CLASSES OF CASES MAY BE
S. 4005--B 92
HEARD BY THE COURT UNTIL MIDNIGHT ON SUCH DAY; EXCEPT THAT, WHERE SUCH
CLASSES INCLUDE CASES IN WHICH PETITIONS ARE FILED PURSUANT TO ARTICLES
THREE, SIX, EIGHT, AND TEN OF THIS ACT, THE CLERK OF SUCH COURT SHALL
ACCEPT SUCH PETITIONS UNTIL ELEVEN O'CLOCK P.M. ON SUCH DAY.
§ 2. Not later than December 1, 2025, the chief administrator of the
courts shall submit to the legislature, the governor, and the chief
judge of the state a report evaluating the use of family court in the
counties wherein the chief administrator, pursuant to subdivision (a) of
section 161 of the family court act, as amended pursuant to section one
of this act, has required that the court remain open until midnight.
§ 3. This act shall take effect immediately and shall expire April 1,
2026 when upon such date the provisions of this act shall be deemed
repealed.
PART SS
Section 1. Subdivision 14 of section 400.00 of the penal law, as
amended by chapter 212 of the laws of 2022, is amended to read as
follows:
14. Fees. In the city of New York and the [county] COUNTIES of Nassau
AND WESTCHESTER, the annual license fee shall be twenty-five dollars for
gunsmiths and fifty dollars for dealers in firearms. In such city, the
city council and in the [county] COUNTIES of Nassau AND WESTCHESTER the
[Board of Supervisors] LEGISLATIVE BODY OF SUCH COUNTY shall fix the fee
to be charged for a license to carry or possess a pistol or revolver or
to purchase or take possession of a semiautomatic rifle and provide for
the disposition of such fees. Elsewhere in the state, the licensing
officer shall collect and pay into the county treasury the following
fees: for each license to carry or possess a pistol or revolver or to
purchase or take possession of a semiautomatic rifle, not less than
three dollars nor more than ten dollars as may be determined by the
legislative body of the county; for each amendment thereto, three
dollars, and five dollars in the county of Suffolk; and for each license
issued to a gunsmith or dealer in firearms, ten dollars. The fee for a
duplicate license shall be five dollars. The fee for processing a
license transfer between counties shall be five dollars. The fee for
processing a license or renewal thereof for a qualified retired police
officer as defined under subdivision thirty-four of section 1.20 of the
criminal procedure law, or a qualified retired sheriff, undersheriff, or
deputy sheriff of the city of New York as defined under subdivision two
of section 2.10 of the criminal procedure law, or a qualified retired
bridge and tunnel officer, sergeant or lieutenant of the triborough
bridge and tunnel authority as defined under subdivision twenty of
section 2.10 of the criminal procedure law, or a qualified retired
uniformed court officer in the unified court system, or a qualified
retired court clerk in the unified court system in the first and second
judicial departments, as defined in paragraphs a and b of subdivision
twenty-one of section 2.10 of the criminal procedure law or a retired
correction officer as defined in subdivision twenty-five of section 2.10
of the criminal procedure law shall be waived in all counties throughout
the state.
§ 2. This act shall take effect immediately.
PART TT
S. 4005--B 93
Section 1. Subparagraph (i) of paragraph (e) of subdivision 6 of
section 137 of the correction law, as amended by chapter 322 of the laws
of 2021, is amended to read as follows:
(i) he or she [has a current diagnosis of, or is diagnosed at the
initial or any subsequent assessment conducted during the incarcerated
individual's segregated confinement with, one or more of the following
types of Axis I diagnoses, as described in the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders, and such
diagnoses shall be made based upon all relevant clinical factors,
including but not limited to symptoms related to such diagnoses:
(A) schizophrenia (all sub-types),
(B) delusional disorder,
(C) schizophreniform disorder,
(D) schizoaffective disorder,
(E) brief psychotic disorder,
(F) substance-induced psychotic disorder (excluding intoxication and
withdrawal),
(G) psychotic disorder not otherwise specified,
(H) major depressive disorders, or
(I) bipolar disorder I and II] IS A PERSON WITH A SERIOUS MENTAL
ILLNESS, AS DEFINED IN SUBDIVISION FIFTY-TWO OF SECTION 1.03 OF THE
MENTAL HYGIENE LAW;
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART UU
Section 1. The criminal procedure law is amended by adding a new
section 160.57 to read as follows:
§ 160.57 AUTOMATIC SEALING OF CONVICTIONS.
1. CONVICTIONS FOR CERTAIN TRAFFIC INFRACTIONS AND VIOLATIONS OR ANY
CRIME DEFINED IN THE LAWS OF THIS STATE SHALL BE SEALED IN ACCORDANCE
WITH PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
(A) CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
(B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
(I) AT LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION OF SENTENCE
ON THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND
AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE; IN CALCULATING
THE TIME PERIODS UNDER THIS SECTION, ANY PERIOD OF TIME DURING WHICH THE
DEFENDANT WAS INCARCERATED ON A DETERMINATE OR INDETERMINATE SENTENCE
FOR A PERIOD OF AT LEAST ONE YEAR SHALL BE EXCLUDED AND SUCH TIME PERIOD
SHALL BE EXTENDED BY A PERIOD EQUAL TO THE TIME SERVED UNDER SUCH INCAR-
CERATION WITH SUCH PERIOD BEING CALCULATED FROM THE ORIGINAL SENTENCING
DATE, NOTWITHSTANDING ANY MODIFICATION OR VACATUR OF THE ORIGINAL JUDG-
MENT, CONVICTION, OR SENTENCE AND THE ENTRY OF THE NEW JUDGMENT,
CONVICTION, OR SENTENCE;
(II) THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CRIMINAL CHARGE PENDING
IN THIS STATE;
(III) THE DEFENDANT IS NOT CURRENTLY UNDER THE SUPERVISION OF ANY
PROBATION OR PAROLE DEPARTMENT FOR THE ELIGIBLE CONVICTION; AND
(IV) THE CONVICTION IS NOT DEFINED AS A SEX OFFENSE UNDER SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
S. 4005--B 94
(C) WHERE A CONVICTION IS ELIGIBLE FOR SEALING PURSUANT TO THIS
SECTION BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY NOTIFY THE
OFFICE OF COURT ADMINISTRATION, THE COURT OF CONVICTION, AND THE HEADS
OF ALL APPROPRIATE POLICE AND SHERIFF DEPARTMENTS THAT THE CONVICTION IS
SEALED.
(D) RECORDS OF CONVICTIONS SEALED PURSUANT TO THIS SECTION INCLUDING
PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS OR
RETINA SCANS SHALL NOT BE ACCESSED BY OR MADE AVAILABLE TO ANY PERSON OR
PUBLIC OR PRIVATE AGENCY, OR USED BY ANY ENTITY COVERED BY SUBDIVISION
THREE OF THIS SECTION EXCEPT FOR:
(I) THE DEFENDANT AND SUCH DEFENDANT'S COUNSEL;
(II) ANY COURT, DEFENSE COUNSEL OR PROSECUTOR FOR THE PURPOSES OF A
PENDING CRIMINAL PROCEEDING OR PROCEEDINGS BROUGHT IN A CRIMINAL COURT
PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW;
(III) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, FEDERAL AND STATE LAW
ENFORCEMENT AGENCIES, AND INTERSTATE AND INTERNATIONAL AUTHORITIES AS
DEFINED IN SUBDIVISION THREE OF SECTION TWO OF THE PUBLIC AUTHORITIES
LAW, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES;
(IV) THE COURT, PROSECUTOR, AND DEFENSE COUNSEL IF THE DEFENDANT
BECOMES A WITNESS IN A CRIMINAL PROCEEDING, OR THE CLAIMANT AND RESPOND-
ENT IF THE DEFENDANT BECOMES A WITNESS IN A CIVIL PROCEEDING;
(V) WHEN AN INDIVIDUAL IS A DEFENDANT IN A CRIMINAL PROCEEDING OR
PROCEEDINGS BROUGHT IN A CRIMINAL COURT PURSUANT TO ARTICLE SIX-C OF THE
CORRECTIONS LAW AND THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY
ARE INTEGRAL TO THEIR DEFENSE. IN SUCH INSTANCES, USE OF SEALED RECORDS
OF CONVICTION SHALL BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR
COURT, OR IN ANY DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE
CITY OF NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS PEND-
ING. THE APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF THE COURT
THAT THE RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
(VI) ENTITIES THAT ARE REQUIRED BY STATE OR FEDERAL LAW TO REQUEST AND
RECEIVE A FINGERPRINT-BASED CHECK OF CRIMINAL HISTORY INFORMATION,
INCLUDING THE STATE EDUCATION DEPARTMENT OFFICE OF SCHOOL PERSONNEL
REVIEW AND ACCOUNTABILITY FOR THE PURPOSES OF SECTIONS THREE THOUSAND
FOUR-B, THREE THOUSAND ONE-B, AND THREE THOUSAND THIRTY-FIVE OF THE
EDUCATION LAW, PROVIDED, HOWEVER, THAT A PERSON WHOSE CRIMINAL HISTORY
INFORMATION IS RETRIEVED PURSUANT TO THIS PARAGRAPH SHALL BE FURNISHED
WITH A COPY OF SUCH INFORMATION, TOGETHER WITH A COPY OF ARTICLE TWEN-
TY-THREE-A OF THE CORRECTION LAW, AND INFORMED OF HIS OR HER RIGHT TO
SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL
HISTORY INFORMATION PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED
BY THE DIVISION OF CRIMINAL JUSTICE SERVICES;
(VII) PURSUANT TO APPLICABLE REGULATIONS PROMULGATED BY THE COMMIS-
SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, SPECIFIED ENTITIES
THAT ARE AUTHORIZED BY STATE OR FEDERAL LAW TO REQUEST AND RECEIVE A
FINGERPRINT-BASED CHECK OF CRIMINAL HISTORY INFORMATION IN RELATION TO
THE PROVISION OF CARE OR SERVICES TO CHILDREN, AS DEFINED IN SUBDIVISION
ONE OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, AND
VULNERABLE PERSONS, AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION FOUR
HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW, PROVIDED, HOWEVER, THAT
A PERSON WHOSE CRIMINAL HISTORY INFORMATION IS RETRIEVED PURSUANT TO
THIS PARAGRAPH SHALL BE PROVIDED WITH A COPY OF SUCH CRIMINAL HISTORY
INFORMATION, TOGETHER WITH A COPY OF ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW, AND INFORMED OF HIS OR HER RIGHT TO SEEK CORRECTION OF
S. 4005--B 95
ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION
PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES;
(VIII) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER
AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR
OF SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR
EMPLOYMENT AS A POLICE OFFICER, PROVIDED, HOWEVER, THAT EVERY PERSON WHO
IS AN APPLICANT SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED
UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION
THERETO;
(IX) ANY FEDERAL, STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY
FOR THE ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR SHOTGUN OR
WITH RESPONSIBILITY FOR CONDUCTING BACKGROUND CHECKS BEFORE TRANSFER OR
SALE OF A FIREARM OR EXPLOSIVE, WHEN THE OFFICER OR AGENCY IS ACTING
PURSUANT TO SUCH RESPONSIBILITY. THIS INCLUDES THE CRIMINAL JUSTICE
INFORMATION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION,
FOR THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT BACK-
GROUND CHECK SYSTEM REGARDING ATTEMPTS TO PURCHASE OR OTHERWISE TAKE
POSSESSION OF FIREARMS, RIFLES OR SHOTGUNS, AS DEFINED IN 18 U.S.C. §
921 (A)(3);
(X) FOR THE PURPOSES OF CIVILIAN INVESTIGATION OR EVALUATION OF A
CIVILIAN COMPLAINT OR CIVIL ACTION CONCERNING LAW ENFORCEMENT OR PROSE-
CUTION ACTIONS, UPON EX PARTE MOTION IN ANY SUPERIOR COURT, OR IN ANY
DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK
PROVIDED THAT SUCH COURT SEALED THE RECORD; THE APPLICANT MUST DEMON-
STRATE TO THE SATISFACTION OF THE COURT THAT THE RECORDS WILL BE USED
FOR THE PURPOSES OF THIS SUBPARAGRAPH;
(XI) FOR INFORMATION PROVIDED TO AN INDIVIDUAL OR ENTITY PURSUANT TO
PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN
OF THE EXECUTIVE LAW OR FOR BONA FIDE RESEARCH PURPOSES PROVIDED ALL
IDENTIFYING INFORMATION IS REMOVED;
(XII) WHEN AN INDIVIDUAL SEEKS TO AVAIL THEMSELVES OF A PUBLIC PROGRAM
OR BENEFIT, INCLUDING BUT NOT LIMITED TO AN IMMIGRATION BENEFIT, FOR
WHICH THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY ARE INTEGRAL TO
THEIR APPLICATION FOR SUCH PROGRAM OR BENEFIT. IN SUCH INSTANCES, THE
INDIVIDUAL OR THEIR ATTORNEY SHALL REQUEST THE USE OF SEALED RECORDS
PURSUANT TO A FORM AS PRESCRIBED IN SUBDIVISION TWENTY-FOUR OF SECTION
EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW;
(XIII) FOR THE PURPOSE OF COLLECTION OF RESTITUTION ORDERED PURSUANT
TO SECTION 60.27 OF THE PENAL LAW. IN SUCH INSTANCES, USE OF SEALED
RECORDS SHALL BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR COURT,
OR IN ANY DISTRICT COURT, CITY COURT OR CRIMINAL COURT OF THE CITY OF
NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS PENDING. THE
APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF THE COURT THAT THE
RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
(XIV) TRANSPORTATION NETWORK COMPANIES THAT ARE REQUIRED OR AUTHORIZED
BY STATE LAW TO REQUEST CRIMINAL HISTORY INFORMATION PURSUANT TO SECTION
SIXTEEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW; AND
(XV) THE STATE EDUCATION DEPARTMENT OFFICE OF THE PROFESSIONS, FOR THE
PURPOSES OF:
(1) INVESTIGATING PROFESSIONAL MISCONDUCT AS DEFINED BY SUBPARAGRAPH
(I) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION SIXTY-FIVE HUNDRED
NINE OF THE EDUCATION LAW OR FOR CONSIDERATION OF RESTORATION OF A
PROFESSIONAL LICENSE PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN OF
THE EDUCATION LAW, PROVIDED THAT THE OFFICE OF THE PROFESSIONS CERTIFIES
TO THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT IT IS INVESTIGATING AN
S. 4005--B 96
INDIVIDUAL LICENSED TO PRACTICE A PROFESSION PURSUANT TO ARTICLE ONE
HUNDRED THIRTY OF THE EDUCATION LAW FOR PROFESSIONAL MISCONDUCT AS
DEFINED BY PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION SIXTY-FIVE
HUNDRED NINE OF THE EDUCATION LAW OR CONSIDERING RESTORATION OF A
PROFESSIONAL LICENSE PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN OF
THE EDUCATION LAW, AS APPROPRIATE, AND THAT A PERSON WHOSE CRIMINAL
HISTORY INFORMATION IS RETRIEVED PURSUANT TO THIS PARAGRAPH SHALL BE
FURNISHED WITH A COPY OF SUCH INFORMATION, TOGETHER WITH A COPY OF ARTI-
CLE TWENTY-THREE-A OF THE CORRECTION LAW, AND INFORMED OF HIS OR HER
RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH
CRIMINAL HISTORY INFORMATION PURSUANT TO REGULATIONS AND PROCEDURES
ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES;
(2) ISSUING LICENSES FOR ADMISSION TO PRACTICE SPECIFIC PROFESSIONS
DEFINED IN SECTIONS SIXTY-FIVE HUNDRED THIRTY, SIXTY-FIVE HUNDRED
FIFTY-FOUR, SIXTY-SIX HUNDRED FOUR, SIXTY-SIX HUNDRED THIRTY-TWO,
SIXTY-SEVEN HUNDRED THIRTY-FOUR, SIXTY-EIGHT HUNDRED FIVE, SIXTY-NINE
HUNDRED FIVE, SIXTY-NINE HUNDRED FIFTY-FIVE, SEVEN THOUSAND FOUR, SEVEN-
TY-ONE HUNDRED FOUR, SEVENTY-FOUR HUNDRED FOUR, SEVENTY-SIX HUNDRED
THREE, SEVENTY-EIGHT HUNDRED FOUR, SEVENTY-NINE HUNDRED FOUR, EIGHTY-TWO
HUNDRED SIX, EIGHTY-TWO HUNDRED FOURTEEN, EIGHTY-FOUR HUNDRED TWO,
EIGHTY-FIVE HUNDRED FOUR, EIGHTY-FIVE HUNDRED FIVE, AND EIGHTY-EIGHT
HUNDRED FOUR OF THE EDUCATION LAW, PROVIDED THAT THE OFFICE OF THE
PROFESSIONS CERTIFIES TO THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT
IT IS EVALUATING AN INDIVIDUAL FOR A LICENSE TO PRACTICE ONE OF THE
ENUMERATED PROFESSIONS AND THAT A PERSON WHOSE CRIMINAL HISTORY INFORMA-
TION IS RETRIEVED PURSUANT TO THIS PARAGRAPH SHALL BE FURNISHED WITH A
COPY OF SUCH INFORMATION, TOGETHER WITH A COPY OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW, AND INFORMED OF HIS OR HER RIGHT TO SEEK
CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL
HISTORY INFORMATION PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED
BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
(E) WHERE THE SEALING REQUIRED BY THIS PARAGRAPH HAS NOT TAKEN PLACE,
OR WHERE SUPPORTING COURT RECORDS CANNOT BE LOCATED OR HAVE BEEN
DESTROYED, AND A DEFENDANT OR THEIR ATTORNEY SUBMITS NOTIFICATION OF
SUCH FACT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, AS PRESCRIBED IN
SUBDIVISION TWENTY-FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE
EXECUTIVE LAW, WITHIN THIRTY DAYS OF SUCH NOTICE TO THE DIVISION, THE
CONVICTION SHALL BE SEALED AS SET FORTH IN THIS SUBDIVISION.
2. WHERE A CONVICTION IS ELIGIBLE FOR SEALING PURSUANT TO THIS SECTION
BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION-
ER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY NOTIFY
THE OFFICE OF COURT ADMINISTRATION, THE COURT OF CONVICTION AND THE
HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS, PROSECUTORS' OFFICES AND
LAW ENFORCEMENT AGENCIES THAT THE CONVICTION IS SEALED. UPON RECEIPT OF
SUCH NOTIFICATION, RECORDS OF OR RELATING TO SUCH CONVICTION SHALL BE
IMMEDIATELY SEALED PURSUANT TO THIS SECTION.
(A) ANY SUCH ENTITY THAT POSSESSES INFORMATION, RECORDS, DOCUMENTS OR
PAPERS RELATED TO THE ELIGIBLE CONVICTION SHALL SEAL THEM AS FOLLOWS:
(I) EVERY PHOTOGRAPH OF SUCH DEFENDANT AND PHOTOGRAPHIC PLATES OR
PROOF, AND ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS TAKEN OR MADE
OF SUCH INDIVIDUAL PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN REGARD
TO THE ELIGIBLE CONVICTION, AND ALL DUPLICATES, REPRODUCTIONS, AND
COPIES THEREOF, EXCEPT A DIGITAL FINGERPRINT THAT IS ON FILE WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES FOR A CONVICTION THAT HAS NOT BEEN
SEALED PURSUANT TO THIS SECTION SHALL BE MARKED AS SEALED BY THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES AND BY ANY POLICE DEPARTMENT,
S. 4005--B 97
PROSECUTOR'S OFFICE OR LAW ENFORCEMENT AGENCY HAVING ANY SUCH PHOTO-
GRAPH, PHOTOGRAPHIC PLATE OR PROOF, PALMPRINT, FINGERPRINTS OR RETINA
SCAN IN ITS POSSESSION OR UNDER ITS CONTROL BY CONSPICUOUSLY INDICATING
ON THE FACE OF THE RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF
THE RECORD THAT THE RECORD HAS BEEN DESIGNATED AS SEALED. WHERE FINGER-
PRINTS SUBJECT TO THE PROVISIONS OF THIS SECTION HAVE BEEN RECEIVED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES AND HAVE BEEN FILED BY THE
DIVISION AS DIGITAL IMAGES, SUCH IMAGES MAY REMAIN UNSEALED, PROVIDED
THAT A FINGERPRINT CARD OF THE INDIVIDUAL IS ON FILE WITH THE DIVISION
WHICH WAS NOT SEALED PURSUANT TO THIS SECTION.
(II) EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THERE-
OF, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A COURT BUT
NOT INCLUDING PUBLISHED COURT DECISIONS OR OPINIONS OR RECORDS AND
BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE WITH THE AGENCY
SHALL BE MARKED AS SEALED BY CONSPICUOUSLY INDICATING ON THE FACE OF THE
RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF THE RECORD THAT THE
RECORD HAS BEEN DESIGNATED AS SEALED.
(B) THIRD-PARTY AGENCIES SHALL SEAL INFORMATION AND ALL RECORDS, DOCU-
MENTS AND PAPERS RELATING TO THE ELIGIBLE CONVICTION AS FOLLOWS:
(I) EVERY POLICE DEPARTMENT, PROSECUTOR'S OFFICE OR LAW ENFORCEMENT
AGENCY, INCLUDING THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH TRAN-
SMITTED OR OTHERWISE FORWARDED TO ANY AGENCY OF THE UNITED STATES OR OF
ANY OTHER STATE OR JURISDICTION OUTSIDE OF THIS STATE COPIES OF ANY SUCH
PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS OR
RETINA SCANS, SHALL FORTHWITH FORMALLY INFORM SUCH AGENCY IN WRITING
THAT THE MATTER HAS BEEN SEALED AND REQUEST IN WRITING THAT ALL SUCH
COPIES BE MARKED AS SEALED BY CONSPICUOUSLY INDICATING ON THE FACE OF
THE RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF THE RECORD THAT
THE RECORD HAS BEEN DESIGNATED AS SEALED.
(II) EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THERE-
OF, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A COURT BUT
NOT INCLUDING PUBLISHED COURT DECISIONS OR OPINIONS OR RECORDS AND
BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE WITH THE AGENCY
SHALL BE MARKED AS SEALED BY CONSPICUOUSLY INDICATING ON THE FACE OF THE
RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF THE RECORD THAT THE
RECORD HAS BEEN DESIGNATED AS SEALED.
3. (A) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION OF
DNA INFORMATION MAINTAINED IN THE NEW YORK STATE DNA DATABASE OF SUCH
INDIVIDUAL PURSUANT TO THE PROVISIONS OF THE EXECUTIVE LAW IN REGARD TO
THE ELIGIBLE CONVICTION.
(B) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION OF
RECORDS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES, AND NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO CONTRAVENE THE VEHICLE AND TRAFFIC
LAW, THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT (18 U.S.C 2721 ET.
SEQ.), THE REAL ID ACT OF 2005 (PUBLIC LAW 109-13; 49 U.S.C. 30301
NOTE), SECTION 7209 OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 1986 (49 U.S.C. 31311), OR REGULATIONS PROMULGATED PURSUANT TO
ANY SUCH CHAPTER OR ACT.
(C) THE DIVISION OF CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO
DISCLOSE A CONVICTION THAT IS SEALED PURSUANT TO THIS SECTION TO ENTI-
TIES THAT ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND REGULATIONS
PROMULGATED BY A SELF-REGULATORY ORGANIZATION CREATED UNDER FEDERAL LAW,
TO CONSIDER SEALED CONVICTIONS. SUCH ENTITIES MUST CERTIFY TO THE DIVI-
SION THAT THEY ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND REGULATIONS
PROMULGATED BY A SELF-REGULATORY ORGANIZATION THAT HAS BEEN CREATED
UNDER FEDERAL LAW, TO MAKE AN INQUIRY ABOUT OR CONSIDER RECORDS SEALED
S. 4005--B 98
PURSUANT TO THIS SECTION FOR PURPOSES OF EMPLOYMENT, LICENSING, OR
CLEARANCE. TO THE EXTENT PERMITTED BY FEDERAL LAW, A RECORD SEALED
PURSUANT TO THIS SECTION MAY NOT BE CONSIDERED A CONVICTION THAT WOULD
PROHIBIT THE EMPLOYMENT, LICENSING OR CLEARANCE OF THE DEFENDANT.
(D) NOTHING IN THIS SECTION SHALL PROHIBIT ENTITIES REQUIRED BY FEDER-
AL LAW, OR BY RULES AND REGULATIONS PROMULGATED BY A SELF-REGULATORY
ORGANIZATION THAT HAS BEEN CREATED UNDER FEDERAL LAW, FROM MAKING AN
INQUIRY ABOUT OR CONSIDERING AN APPLICANT'S CRIMINAL HISTORY FOR
PURPOSES OF EMPLOYMENT, LICENSING, OR CLEARANCE FROM INQUIRING INTO
CONVICTIONS SEALED PURSUANT TO THIS SECTION.
(E) IN ANY CIVIL ACTION, AN OFFICIAL RECORD OF A CONVICTION THAT HAS
BEEN SEALED PURSUANT TO THIS SECTION MAY NOT BE INTRODUCED AS EVIDENCE
OF NEGLIGENCE AGAINST A PERSON OR ENTITY THAT PROVIDED EMPLOYMENT,
CONTRACT LABOR OR SERVICES, VOLUNTEER WORK, LICENSING, TENANCY, A HOME
PURCHASE, A MORTGAGE, AN EDUCATION, A LOAN, OR INSURANCE IF SUCH RECORD
WAS SEALED AND WAS NOT PROVIDED TO THE PERSON OR ENTITY BY OR ON BEHALF
OF A GOVERNMENTAL ENTITY IN ACCORDANCE WITH THIS SECTION IN RESPONSE TO
SUCH PERSON'S OR ENTITY'S AUTHORIZED AND TIMELY REQUEST FOR CONVICTION
HISTORY INFORMATION.
(F) A PERSON OR ENTITY DESCRIBED IN THIS SUBDIVISION, ACTING REASON-
ABLY AND IN GOOD FAITH, MAY NOT HAVE A DUTY TO INVESTIGATE THE FACT OF A
PRIOR CONVICTION THAT HAS BEEN SEALED PURSUANT TO THIS SECTION.
4. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
FOR SEALING PURSUANT TO THIS SECTION AS PART OF A PLEA OF GUILTY,
SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR A VIOLATION OF THE
LAWS OF THIS STATE. ANY SUCH WAIVER IS VOID AND UNENFORCEABLE.
5. SEALING AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IS WITHOUT
PREJUDICE TO A DEFENDANT OR THEIR ATTORNEY SEEKING FURTHER RELIEF PURSU-
ANT TO ARTICLE FOUR HUNDRED FORTY OF THIS CHAPTER. NOTHING IN THIS
SECTION IS INTENDED OR SHALL BE INTERPRETED TO DIMINISH OR ABROGATE ANY
RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE DEFENDANT.
6. ALL RECORDS FOR A CONVICTION SUBJECT TO SEALING UNDER THIS SECTION
WHERE THE CONVICTION WAS ENTERED ON OR BEFORE THE EFFECTIVE DATE OF THIS
SECTION SHALL RECEIVE THE APPROPRIATE RELIEF PROMPTLY AND, IN ANY EVENT,
NO LATER THAN TWO YEARS AFTER SUCH EFFECTIVE DATE.
7. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS INCLUDED
WITHIN THE DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
PROCEEDING IN WHICH THE FACT OF A PRIOR CONVICTION WOULD ENHANCE A
PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
8. ANY DEFENDANT CLAIMING TO BE AGGRIEVED BY A VIOLATION OF THIS
SECTION SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE JURIS-
DICTION FOR DAMAGES, INCLUDING PUNITIVE DAMAGES, AND SUCH OTHER REMEDIES
AS MAY BE APPROPRIATE. THE PROVISIONS OF THIS ARTICLE SHALL ALSO BE
ENFORCEABLE BY THE DIVISION OF HUMAN RIGHTS PURSUANT TO THE POWERS AND
PROCEDURES SET FORTH IN ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
§ 2. Section 845-d of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. NOTHING IN THIS SECTION SHALL AUTHORIZE THE DIVISION TO PROVIDE
CRIMINAL HISTORY INFORMATION THAT IS SEALED PURSUANT TO SECTION 160.57
OF THE CRIMINAL PROCEDURE LAW TO ANY ENTITY OTHER THAN THOSE EXPLICITLY
AUTHORIZED BY THAT SECTION TO RECEIVE OR ACCESS SUCH INFORMATION.
§ 3. Section 837 of the executive law is amended by adding three new
subdivisions 24, 25 and 26 to read as follows:
24. PROMULGATE A STANDARDIZED FORM FOR USE BY INDIVIDUALS TO NOTIFY
THE DIVISION OF CRIMINAL JUSTICE SERVICES OF CONVICTIONS SUBJECT TO
SEALING UNDER SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW, BUT FOR
S. 4005--B 99
WHICH THE DIVISION HAS NOT TAKEN THE REQUISITE ACTION FOR RELATED
RECORDS.
25. PROMULGATE A CERTIFICATION PROCESS WHEREBY INDIVIDUALS SEEKING USE
OF SEALED RECORDS PURSUANT TO SUBPARAGRAPH (XII) OF PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW MAY
REQUEST AND ACCESS RECORDS.
26. ADOPT, AMEND AND RESCIND SUCH REGULATIONS AS MAY BE NECESSARY TO
EFFECTUATE THE PROVISIONS OF SUBPARAGRAPH (VII) OF PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW TO
DETERMINE ENTITIES AUTHORIZED TO RECEIVE SEALED RECORDS FOR PURPOSES OF
OCCUPATIONS THAT INVOLVE REGULAR AND SUBSTANTIAL UNSUPERVISED OR UNRE-
STRICTED PHYSICAL CONTACT WITH CHILDREN AS DEFINED IN SUBDIVISION ONE OF
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, AND
VULNERABLE PERSONS, AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION FOUR
HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW.
§ 4. Subdivision 16 of section 296 of the executive law, as amended by
section 2 of subpart O of part II of chapter 55 of the laws of 2019, is
amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by an order adjourning the criminal action in contemplation of
dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
of the criminal procedure law, or by a youthful offender adjudication,
as defined in subdivision one of section 720.35 of the criminal proce-
dure law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law or by a conviction which is sealed
pursuant to section 160.59 or 160.58 of the criminal procedure law, OR
BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION 160.57 OF THE CRIMI-
NAL PROCEDURE LAW, EXCEPT WHERE SUCH CONVICTION RECORD IS ACCESSED
PURSUANT TO SUBPARAGRAPH (VI), (VII), OR (XV) OF PARAGRAPH (D) OF SUBDI-
VISION ONE OF SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW, in
connection with the licensing, housing, employment, including volunteer
positions, or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge informa-
tion pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a termi-
nation of that criminal action or proceeding in favor of such individ-
ual, as defined in subdivision two of section 160.50 of the criminal
procedure law, or by an order adjourning the criminal action in contem-
plation of dismissal, pursuant to section 170.55 or 170.56, 210.46,
210.47 or 215.10 of the criminal procedure law, or by a youthful offen-
der adjudication, as defined in subdivision one of section 720.35 of the
criminal procedure law, or by a conviction for a violation sealed pursu-
ant to section 160.55 of the criminal procedure law, or by a conviction
which is sealed pursuant to section 160.58 or 160.59 of the criminal
procedure law, OR BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION
160.57 OF THE CRIMINAL PROCEDURE LAW, EXCEPT WHERE SUCH CONVICTION
RECORD IS ACCESSED PURSUANT TO SUBPARAGRAPH (VI), (VII), OR (XV) OF
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 160.57 OF THE CRIMINAL
S. 4005--B 100
PROCEDURE LAW. An individual required or requested to provide informa-
tion in violation of this subdivision may respond as if the arrest,
criminal accusation, or disposition of such arrest or criminal accusa-
tion did not occur. The provisions of this subdivision shall not apply
to the licensing activities of governmental bodies in relation to the
regulation of guns, firearms and other deadly weapons or in relation to
an application for employment as a police officer or peace officer as
those terms are defined in subdivisions thirty-three and thirty-four of
section 1.20 of the criminal procedure law; provided further that the
provisions of this subdivision shall not apply to an application for
employment or membership in any law enforcement agency with respect to
any arrest or criminal accusation which was followed by a youthful
offender adjudication, as defined in subdivision one of section 720.35
of the criminal procedure law, or by a conviction for a violation sealed
pursuant to section 160.55 of the criminal procedure law, or by a
conviction which is sealed pursuant to section 160.58 or 160.59 of the
criminal procedure law, OR BY A CONVICTION WHICH IS SEALED PURSUANT TO
SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW. For purposes of this
subdivision, an action which has been adjourned in contemplation of
dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or
215.10 of the criminal procedure law, shall not be considered a pending
action, unless the order to adjourn in contemplation of dismissal is
revoked and the case is restored to the calendar for further prose-
cution.
§ 5. Section 9 of the correction law, as added by section 2 of part OO
of chapter 56 of the laws of 2010, the section heading as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
§ 9. Access to information of incarcerated individuals via the inter-
net. Notwithstanding any provision of law to the contrary, any informa-
tion relating to the conviction of a person[, except for a person
convicted of an offense that would make such person ineligible for merit
time under section eight hundred three of this chapter or an offense for
which registration as a sex offender is required as set forth in subdi-
vision two or three of section one hundred sixty-eight-a of this chap-
ter,] that is posted on a website maintained by or for the department,
under article six of the public officers law, may be posted on such
website for a period not to exceed [five] THREE years after the expira-
tion of such person's sentence of imprisonment and AT THE CONCLUSION OF
any period of parole or post-release supervision[; provided, however,
that in the case of a person who has been committed to the department on
more than one occasion, the department may post conviction information
relating to any prior commitment on such website for a period not to
exceed five years after the expiration of such person's sentence of
imprisonment and any period of parole or post-release supervision aris-
ing from the most recent commitment to the department].
§ 6. Severability. If any provision of this act or the application
thereof to any person, corporation or circumstances is held invalid,
such invalidity shall not affect other provisions or applications of the
act which can be given effect without the invalid provision or applica-
tion, and to this end the provisions of this act are declared to be
severable.
§ 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
PART VV
S. 4005--B 101
Section 1. Short title. This act shall be known and may be cited as
the "detailed assessment of technological assets in the state act (DATA
state act) of 2023".
§ 2. Section 103 of the state technology law is amended by adding a
new subdivision 23 to read as follows:
23. TO COLLECT AND COMPILE A COMPREHENSIVE DATABASE OF INVENTORIES OF
THE INFORMATION SYSTEMS MAINTAINED BY OR ON BEHALF OF THE STATE ENTITY
PURSUANT TO SECTION FOUR HUNDRED TWO OF THIS CHAPTER, AND PUBLISH
REPORTS PURSUANT TO SECTION FOUR HUNDRED THREE OF THIS CHAPTER, AND TO
PROVIDE ANY TECHNICAL ASSISTANCE AND RESOURCES TO STATE ENTITIES AS
NEEDED TO COMPLY WITH THE PROVISIONS OF SECTION FOUR HUNDRED TWO OF THIS
CHAPTER.
§ 3. The state technology law is amended by adding a new article 4 to
read as follows:
ARTICLE IV
STATE DATA AND INFORMATION SYSTEMS
SECTION 401. DEFINITIONS.
402. DATA AND INFORMATION SYSTEM INVENTORY.
403. INVENTORY DATABASE AND REPORTING.
§ 401. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
1. "INFORMATION SYSTEM" SHALL MEAN ANY GOOD, SERVICE OR A COMBINATION
THEREOF, USED BY ANY COMPUTER, CLOUD SERVICE, OR INTERCONNECTED SYSTEM
THAT IS MAINTAINED FOR OR USED BY A STATE ENTITY IN THE ACQUISITION,
STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCH-
ING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING,
BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFORMATION APPLIANCES, FIRM-
WARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUCTURE, MEDIA, PRINT AND
NON-DIGITIZED METHODS, AND RELATED MATERIAL USED TO AUTOMATICALLY AND
ELECTRONICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE,
RECORD, RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE,
MANAGE, ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE,
INTERFACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM.
2. "STATE ENTITY" SHALL MEAN ANY STATE BOARD, BUREAU, DIVISION,
COMMITTEE, COMMISSION, COUNCIL, DEPARTMENT, PUBLIC AUTHORITY, PUBLIC
BENEFIT CORPORATION, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A
GOVERNMENTAL OR PROPRIETARY FUNCTION, INCLUDING THE OFFICE OF COURT
ADMINISTRATION, FOR THE STATE OF NEW YORK, EXCEPT ALL CITIES, COUNTIES,
MUNICIPALITIES, VILLAGES, TOWNS, AND OTHER LOCAL AGENCIES.
3. "IMMUTABLE" SHALL MEAN DATA THAT IS STORED UNCHANGED OVER TIME OR
UNABLE TO BE CHANGED. THIS SHALL SPECIFICALLY APPLY TO THE CHARACTER-
ISTICS AND ATTRIBUTES OF A BACKUP SYSTEM'S FILE SYSTEM AND MAY NOT BE
APPLIED TO TEMPORARY SYSTEMS STATE, TIME-BOUND OR EXPIRING CONFIGURA-
TIONS, OR TEMPORARY CONDITIONS CREATED BY A PHYSICAL AIR GAP AS IS
IMPLEMENTED IN MOST LEGACY SYSTEMS. AN IMMUTABLE FILE SYSTEM MUST DEMON-
STRATE CHARACTERISTICS THAT DO NOT PERMIT THE EDITING OR CHANGING OF ANY
DATA BACKED UP TO PROVIDE AGENCIES WITH COMPLETE RECOVERY CAPABILITIES.
4. "INVENTORY" SHALL MEAN A COMPREHENSIVE LIST OF ALL DATA, METADATA,
INFORMATION SYSTEMS AND ASSETS THAT A STATE ENTITY HAS, INCLUDING
DETAILS ABOUT THEIR USAGE, STORAGE, AND USER ACCESS.
5. "MISSION CRITICAL" SHALL MEAN ANY SYSTEM THAT IS ESSENTIAL TO THE
STATE ENTITY'S FUNCTIONALITY.
§ 402. DATA AND INFORMATION SYSTEM INVENTORY. 1. NO LATER THAN FIFTEEN
MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE OFFICE SHALL
COLLECT AND COMPILE A COMPREHENSIVE DATABASE OF INVENTORIES OF THE
INFORMATION SYSTEMS MAINTAINED BY OR ON BEHALF OF THE STATE ENTITY AND
UPDATE SUCH DATABASE ANNUALLY THEREAFTER.
S. 4005--B 102
2. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND
ANNUALLY THEREAFTER, EACH STATE ENTITY SHALL CREATE, AND SUBMIT TO THE
OFFICE, AN INVENTORY OF THE INFORMATION SYSTEMS MAINTAINED BY OR ON
BEHALF OF THE STATE ENTITY AND THE PURPOSE OR PURPOSES FOR WHICH EACH
SUCH INFORMATION SYSTEM IS MAINTAINED AND USED. THE INVENTORY SHALL
DENOTE THOSE INFORMATION SYSTEMS THAT ARE MISSION CRITICAL, THOSE THAT
USE PERSONAL INFORMATION, AND WHETHER THE INFORMATION SYSTEM IS
PROTECTED BY IMMUTABLE BACKUPS. FOR THE PURPOSES OF BACKUPS, "IMMUTABLE"
SHALL MEAN THAT NO EXTERNAL OR INTERNAL OPERATION CAN MODIFY THE DATA
ONCE ESTABLISHED, AND THE DATA MAY NOT BE AVAILABLE IN A READ OR WRITE
STATE TO ANY THIRD PARTY.
3. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
AND ANNUALLY THEREAFTER, EACH STATE ENTITY SHALL CREATE, AND SUBMIT TO
THE OFFICE, AN INVENTORY OF THE DATA MAINTAINED BY THE STATE ENTITY AND
THE PURPOSE OR PURPOSES FOR WHICH SUCH DATA IS MAINTAINED AND USED. THE
INVENTORY SHALL INCLUDE A LISTING OF ALL PERSONAL INFORMATION MAINTAINED
BY THE STATE ENTITY, ALONG WITH THE SOURCE AND AGE OF SUCH INFORMATION,
WHICH JOB TITLES HAVE ACCESS TO THE INFORMATION, THE NUMBER OF INDIVID-
UALS WHO ARE REASONABLY EXPECTED TO HAVE ACCESS TO THE DATA BY JOB
TITLE, JUSTIFICATION FOR EACH JOB TITLE'S ACCESS TO SUCH DATA, AND ON
WHICH INFORMATION SYSTEM THE DATA IS STORED. SUCH INVENTORY SHALL
INCLUDE AN ASSESSMENT OF THE DIGITIZATION NEEDS, THE LEVEL OF DIGITIZA-
TION OF RECORDS AND DATA OF THE ENTITY, AND THE LIMITATIONS OF PROCESS-
ING, PROGRAM IMPLEMENTATION, AND SERVICE DELIVERY FOR THE ENTITY DUE TO
LACK OF DIGITAL INFORMATION SYSTEMS.
4. NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, WHERE A
STATE ENTITY ALREADY MAINTAINS A DATA INVENTORY OR INFORMATION SYSTEMS
INVENTORY, SUCH STATE ENTITY SHALL UPDATE SUCH COMPLETED DATA INVENTORY
OR INFORMATION SYSTEM INVENTORY AND SUBMIT TO THE OFFICE NO LATER THAN
ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
5. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE OFFICE MAY REQUEST
AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMIS-
SION OR OTHER AGENCY OF THE STATE OR ANY STATE PUBLIC AUTHORITY SUCH
ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO CARRY OUT
ITS POWERS AND DUTIES UNDER THIS SECTION. A STATE ENTITY MAY REQUEST AND
SHALL RECEIVE, FROM THE OFFICE, ANY TECHNICAL ASSISTANCE OR RESOURCES
NECESSARY FOR COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
§ 403. INVENTORY DATABASE AND REPORTING. THE OFFICE SHALL SUBMIT A
REPORT ON THE DATABASE ACCOMPANIED BY ALL INVENTORIES COLLECTED PURSUANT
TO SECTION FOUR HUNDRED TWO OF THIS ARTICLE NO LATER THAN ONE YEAR AFTER
THE EFFECTIVE DATE OF THIS ARTICLE, AND ANNUALLY THEREAFTER, TO THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
OFFICE OF THE STATE COMPTROLLER, THE SENATE CHAIR OF THE COMMITTEE ON
INTERNET AND TECHNOLOGY, AND THE ASSEMBLY CHAIR OF THE COMMITTEE ON
SCIENCE AND TECHNOLOGY. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
INFORMATION REGARDING VULNERABILITY ASSESSMENTS, INCIDENT RESPONSE
PLANS, CURRENT RISK ASSESSMENTS, THIRD-PARTY RISK MANAGEMENT, AND
CURRENT COMPLIANCE WITH FEDERAL LAWS RELATING TO CYBERSECURITY AND DATA
PROTECTION.
§ 4. This act shall take effect immediately.
PART WW
Section 1. Paragraph 2 of subdivision c of section 513 of the retire-
ment and social security law, as added by chapter 890 of the laws of
1976, is amended to read as follows:
S. 4005--B 103
2. (I) A police/fire member shall be eligible to obtain credit for
service with a public employer described in paragraph one only if such
service, if rendered prior to July first, nineteen hundred seventy-six
by a police/fire member who was subject to article eleven of this chap-
ter, would have been eligible for credit in the police/fire retirement
system or plan involved.
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
MEMBER OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND SUBJECT TO THIS
ARTICLE SHALL BE ELIGIBLE TO OBTAIN CREDIT FOR ANY PERIOD OF ALLOWABLE
SERVICE RENDERED AS AN EMT MEMBER, AS SUCH TERM IS DEFINED IN PARAGRAPH
ONE OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-E OF THIS CHAPTER, AS
ADDED BY CHAPTER FIVE HUNDRED SEVENTY-SEVEN OF THE LAWS OF TWO THOUSAND,
WHICH IMMEDIATELY PRECEDES SERVICE IN THE UNIFORMED FORCE OF THE FIRE
DEPARTMENT AND SUCH SERVICE SHALL BE DEEMED TO BE IN SERVICE OF THE
UNIFORMED FORCE OF THE FIRE DEPARTMENT FOR PURPOSES OF ELIGIBILITY FOR
BENEFITS AND TO DETERMINE THE AMOUNT OF BENEFITS UNDER THE NEW YORK CITY
FIRE DEPARTMENT PENSION FUND, PROVIDED THAT SUCH MEMBER PAYS OR TRANS-
FERS INTO THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND ALL MEMBER
CONTRIBUTIONS SET FORTH IN SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTI-
CLE PLUS INTEREST, AT A RATE OF FIVE PERCENT PER ANNUM. FOR A MEMBER WHO
TRANSFERS SUCH CONTRIBUTIONS FROM THE NEW YORK CITY EMPLOYEES' RETIRE-
MENT SYSTEM TO THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND OR FOR A
MEMBER WHO WITHDRAWS SUCH CONTRIBUTIONS FROM THE NEW YORK CITY EMPLOY-
EES' RETIREMENT SYSTEM, SUCH MEMBER'S MEMBERSHIP IN THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM SHALL CEASE UPON SUCH TRANSFER OR WITH-
DRAWAL AND SUCH MEMBER SHALL RETAIN NO CREDITED SERVICE IN SUCH SYSTEM.
(III) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO A MEMBER WITH
TEN OR MORE YEARS OF CREDITED SERVICE IN THE NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM, NOTWITHSTANDING THE PROVISIONS OF SECTION SIX HUNDRED
THIRTEEN OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW TO THE CONTRARY.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation would amend subdivision c
of section 513 of the Retirement and Social Security Law (RSSL) to allow
New York City Fire Pension Fund (FIRE) members subject to Article 14
(Tier 3, Tier 3 Modified, and Tier 3 Enhanced) to obtain service credit
for service rendered as an emergency medical technician (EMT) with the
New York City Employee's Retirement System (NYCERS).
The EMT service credit with NYCERS must immediately precede service in
FIRE. If properly transferred or purchased, such service shall be deemed
as pensionable service for purposes of determining the eligibility for
benefits and benefit amounts in FIRE.
Upon attaining eligible service credit with FIRE, the member would
relinquish prior membership and applicable benefits with NYCERS.
Effective Date: Upon enactment.
IMPACT ON BENEFITS/PAYABILITY: Currently, the purchase or transfer of
service rendered as a NYCERS EMT member does not provide an additional
service retirement benefit for FIRE members subject to Article 14.
Under the proposed legislation, EMT service transferred or purchased
would count for purposes of determining benefit amounts and eligibility
in FIRE and would increase and/or accelerate the payability date of
benefits.
MEMBER CONTRIBUTIONS: Member contributions as defined in Article 14,
plus 5.0% annual interest, for EMT service purchased or transferred
would apply.
S. 4005--B 104
Member contributions made as a NYCERS EMT member in excess of the
amount required would, if not otherwise utilized for a separate vested
benefit, be refunded with 5.0% annual interest.
FINANCIAL IMPACT - PRESENT VALUES: Based on the census data and the
actuarial assumptions and methods described herein, the enactment of
this proposed legislation would result in an increase in the present
value of future employer contributions of approximately $19.3 million.
This net increase is a result of an increase in the Present Value of
Future Benefits (PVFB) of approximately $16.7 million and a decrease in
the present value of member contributions of approximately $2.6 million.
Under the Entry Age Normal cost method used to determine the employer
contributions to FIRE, there would be an increase in the Unfunded
Accrued Liability (UAL) of approximately $40.6 million offset by a
decrease in the present value of future employer Normal Cost of approxi-
mately $21.3 million.
FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: The enactment of
this proposed legislation would result in an initial increase in annual
employer contributions of approximately $3.9 million which is the result
of a decrease in the Normal Cost offset by the UAL payment. The average
annual employer cost per member included in this fiscal note is approxi-
mately $3,100.
New UAL attributable to benefit changes are generally amortized over
the remaining working lifetime of those impacted by the benefit changes.
The remaining working lifetime for this group is approximately 19 years
and the increase in UAL was therefore amortized over a 19-year period
(18 payments under the One-Year Lag Methodology) using level dollar
payments.
CENSUS DATA: The estimates presented herein are based on the census
data used in the June 30, 2022 actuarial valuation of FIRE to determine
the Preliminary Fiscal Year 2024 employer contributions.
There are an estimated 1,261 active FIRE Tier 3 members as of June 30,
2022 who could potentially benefit from the proposed legislation by
purchasing or transferring service earned as an EMT member. These active
members had an average age of approximately 32.3 years, average service
of approximately 5.3 years (before purchasing any additional service),
and an average salary of approximately $98,500.
On average, the 1,261 active FIRE Tier 3 members would be able to
purchase 3.0 years of service earned as an EMT member with an estimated
purchase cost of $7,400 per former EMT member as of June 30, 2022.
ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
been calculated based on the actuarial assumptions and methods to be
used for the Preliminary Fiscal Year 2024 employer contributions of
FIRE.
For the purposes of this Fiscal Note, it is assumed that the changes
would be reflected for the first time in the June 30, 2022 actuarial
valuation of FIRE used to determine employer contributions for Fiscal
Year 2024.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, demograph-
ics of the impacted population and other factors such as investment,
contribution, and other risks. If actual experience deviates from actu-
arial assumptions, the actual costs could differ from those presented
herein.
Costs are also dependent on the actuarial methods used, and therefore
different actuarial methods could produce different results. Quantifying
these risks is beyond the scope of this Fiscal Note.
S. 4005--B 105
Not measured in this Fiscal Note are the following:
* The employer costs for service purchased by future FIRE Tier 3
members for service earned as an EMT member. However, as noted above,
the average annual employer cost per member included in this Fiscal Note
is approximately $3,100.
* The initial, additional administrative costs to implement the
proposed legislation.
* The impact of this proposed legislation on Other Postemployment
Benefit costs.
STATEMENT OF ACTUARIAL OPINION: I, Marek Tyszkiewicz, am the Chief
Actuary for, and independent of, the New York City Retirement Systems
and Pension Funds. I am an Associate of the Society of Actuaries and a
Member of the American Academy of Actuaries. I meet the Qualification
Standards of the American Academy of Actuaries to render the actuarial
opinion contained herein. To the best of my knowledge, the results
contained herein have been prepared in accordance with generally
accepted actuarial principles and procedures and with the Actuarial
Standards of Practice issued by the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2023-01 dated February
10, 2023 was prepared by the Chief Actuary for the New York City Fire
Pension Fund. This estimate is intended for use only during the 2023
Legislative Session.
PART XX
Section 1. Section 218 of the judiciary law is REPEALED and a new
section 218 is added to read as follows:
§ 218. AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS. 1. AUTHORI-
ZATION. SUBJECT TO THE AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER
THE PROCEEDING TO EXERCISE SOUND DISCRETION TO PROHIBIT FILMING OR
PHOTOGRAPHING OF PARTICULAR PARTICIPANTS IN JUDICIAL PROCEEDINGS TO
ENSURE SAFETY AND THE FAIR ADMINISTRATION OF JUSTICE, AUDIO-VISUAL AND
STILL PHOTOGRAPHY COVERAGE OF PUBLIC JUDICIAL PROCEEDINGS IN THE APPEL-
LATE AND TRIAL COURTS OF THIS STATE SHALL BE ALLOWED IN ACCORDANCE WITH
THIS SECTION.
2. EQUIPMENT AND PERSONNEL. THE FOLLOWING SHALL BE PERMITTED IN ANY
TRIAL OR APPELLATE COURT PROCEEDING:
(A) AT LEAST TWO COMPACT VIDEO CAMERAS, EACH OPERATED BY NO MORE THAN
ONE CAMERA PERSON. ADDITIONAL PERMITTED CAMERAS SHALL BE WITHIN THE SOLE
DISCRETION AND AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER THE
PROCEEDING.
(B) NOT MORE THAN TWO STILL PHOTOGRAPHERS, USING NOT MORE THAN TWO
STILL CAMERAS EACH.
(C) NOT MORE THAN ONE AUDIO SYSTEM FOR RADIO BROADCAST PURPOSES.
AUDIO PICKUP FOR ALL MEDIA PURPOSES SHALL BE PROVIDED BY EXISTING AUDIO
SYSTEMS PRESENT IN THE COURTROOM. IF NO TECHNICALLY SUITABLE AUDIO
SYSTEM EXISTS IN THE COURTROOM, MICROPHONES AND RELATED WIRING ESSENTIAL
FOR MEDIA PURPOSES SHALL BE PERMISSIBLE PROVIDED THEY ARE UNOBTRUSIVE
AND SHALL BE LOCATED IN PLACES DESIGNATED IN ADVANCE OF ANY PROCEEDING
BY THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING.
(D) ANY POOLING ARRANGEMENTS AMONG MEMBERS OF THE MEDIA CONCERNING
EQUIPMENT AND PERSONNEL SHALL BE THE SOLE RESPONSIBILITY OF SUCH MEMBERS
WITHOUT CALLING UPON THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING
TO MEDIATE ANY DISPUTE AS TO THE APPROPRIATE MEDIA REPRESENTATIVE OR
EQUIPMENT AUTHORIZED TO COVER A PARTICULAR PROCEEDING. IN THE ABSENCE OF
ADVANCE MEDIA AGREEMENT CONCERNING DISPUTED EQUIPMENT OR PERSONNEL
S. 4005--B 106
ISSUES, THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING MAY EXCLUDE
ALL CONTESTING MEDIA PERSONNEL FROM A PROCEEDING.
3. LIVESTREAMING. (A) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
SECTION, AND SUBJECT TO APPROPRIATION BY THE LEGISLATURE, THE CHIEF
ADMINISTRATOR OF THE COURTS SHALL PROVIDE FOR:
(I) THE INSTALLATION AND MAINTENANCE OF CAMERAS IN ALL SUPREME, COUN-
TY, CITY, AND APPELLATE COURTROOMS;
(II) THE TRANSMISSION OF LIVE PROCEEDINGS ON A PUBLICLY AVAILABLE
WEBSITE, FREE OF CHARGE, IN AUDIO-VISUAL FORM; AND
(III) THE PRESERVATION OF ALL RECORDINGS IN ARCHIVAL FORM ON A PUBLIC-
LY AVAILABLE WEBSITE FOR CONTINUED ACCESS, FREE OF CHARGE.
(B) WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND
SUBJECT TO APPROPRIATION BY THE LEGISLATURE, THE CHIEF ADMINISTRATOR OF
THE COURTS SHALL PROVIDE FOR:
(I) THE INSTALLATION AND MAINTENANCE OF CAMERAS IN ALL FAMILY, TOWN,
AND VILLAGE COURTROOMS;
(II) TRANSMISSION OF LIVE PROCEEDINGS ON A PUBLICLY AVAILABLE WEBSITE,
FREE OF CHARGE, IN AUDIO-VISUAL FORM; AND
(III) PRESERVATION OF ALL RECORDINGS IN ARCHIVAL FORM ON A PUBLICLY
AVAILABLE WEBSITE FOR CONTINUED ACCESS, FREE OF CHARGE.
4. SOUND AND LIGHT CRITERIA. VIDEO AND AUDIO EQUIPMENT, INCLUDING
STILL CAMERA EQUIPMENT, WHETHER FILM OR DIGITAL, SHALL NOT BE PERMITTED
IF IT PRODUCES DISORIENTING SOUND OR LIGHT. NO ARTIFICIAL LIGHTING
DEVICE OF ANY KIND SHALL BE USED IN CONNECTION WITH THE VIDEO EQUIPMENT
OR STILL CAMERA.
5. LOCATION OF EQUIPMENT PERSONNEL. VIDEO CAMERA EQUIPMENT AND STILL
CAMERA PHOTOGRAPHERS SHALL BE POSITIONED IN SUCH LOCATION IN THE COURT-
ROOM AS SHALL BE DESIGNATED BY THE CHIEF ADMINISTRATIVE JUDGE OF THE
COURT OR THE CHIEF ADMINISTRATIVE JUDGE'S DESIGNEE. THE AREA DESIGNATED
SHALL PROVIDE REASONABLE ACCESS TO COVERAGE OF THE PROCEEDINGS. STILL
CAMERA PHOTOGRAPHERS SHALL ASSUME A FIXED POSITION WITHIN THE DESIGNATED
AREA AND SHALL NOT BE PERMITTED TO MOVE ABOUT TO OBTAIN PHOTOGRAPHS OF
COURT PROCEEDINGS. MEDIA REPRESENTATIVES SHALL NOT MOVE ABOUT THE COURT
FACILITY WHILE PROCEEDINGS ARE IN SESSION, AND MICROPHONES OR TAPING
EQUIPMENT SHALL NOT BE MOVED DURING THE PENDENCY OF THE PROCEEDING.
6. EQUIPMENT MOVEMENT DURING PROCEEDINGS. NEWS MEDIA PHOTOGRAPHIC OR
AUDIO EQUIPMENT SHALL NOT BE PLACED IN OR REMOVED FROM THE COURT FACILI-
TY EXCEPT BEFORE COMMENCEMENT OR AFTER ADJOURNMENT OF PROCEEDINGS EACH
DAY, OR DURING A RECESS. NEITHER VIDEO CASSETTES OR FILM MAGAZINES NOR
STILL CAMERA FILM, DIGITAL MEDIA CARDS OR LENSES SHALL BE CHANGED WITHIN
A COURTROOM EXCEPT DURING A RECESS IN THE PROCEEDING.
7. COURTROOM LIGHT SOURCES. WITH THE CONCURRENCE OF THE CHIEF ADMINIS-
TRATIVE JUDGE OF THE COURT, MODIFICATIONS AND ADDITIONS MAY BE MADE IN
LIGHT SOURCES EXISTING IN THE COURTROOM, PROVIDED SUCH MODIFICATIONS OR
ADDITIONS ARE INSTALLED AND MAINTAINED WITHOUT PUBLIC EXPENSE.
8. CONFERENCES OF COUNSEL. TO PROTECT THE ATTORNEY-CLIENT PRIVILEGE
AND THE EFFECTIVE RIGHT TO COUNSEL, THERE SHALL BE NO AUDIO PICKUP OR
BROADCAST OF CONFERENCES THAT OCCUR IN A COURTROOM BETWEEN ATTORNEYS AND
THEIR CLIENTS, BETWEEN CO-COUNSEL OF A CLIENT, OR BETWEEN COUNSEL AND
THE PRESIDING JUDGE HELD AT THE BENCH.
9. IMPERMISSIBLE USE OF MEDIA MATERIAL. FILM, DIGITAL FILES, VIDE-
OTAPE, STILL PHOTOGRAPHS, OR AUDIO REPRODUCTIONS CAPTURED OR RECORDED
DURING OR BY VIRTUE OF COVERAGE OF A JUDICIAL PROCEEDING SHALL NOT BE
ADMISSIBLE AS EVIDENCE IN THE PROCEEDING OUT OF WHICH IT AROSE, IN ANY
PROCEEDING SUBSEQUENT OR COLLATERAL THERETO, OR UPON RETRIAL OR APPEAL
OF SUCH PROCEEDINGS.
S. 4005--B 107
10. WRITTEN ORDER. AN ORDER RESTRICTING AUDIO-VISUAL COVERAGE WITH
RESPECT TO A PARTICULAR PARTICIPANT SHALL BE IN WRITING AND BE INCLUDED
IN THE RECORD OF SUCH PROCEEDING. THE ORDER MUST STATE GOOD CAUSE WHY
SUCH COVERAGE WILL HAVE A SUBSTANTIAL EFFECT UPON THE INDIVIDUAL WHICH
WOULD BE QUALITATIVELY DIFFERENT FROM THE EFFECT ON MEMBERS OF THE
PUBLIC IN GENERAL AND THAT SUCH EFFECT WILL BE QUALITATIVELY DIFFERENT
FROM COVERAGE BY OTHER TYPES OF MEDIA. BEFORE PROHIBITING AUDIO-VISUAL
COVERAGE, THE PRESIDING JUDGE MUST FIRST CONSIDER THE IMPOSITION OF
SPECIAL LIMITATIONS, SUCH AS A DELAYED OR MODIFIED STILL OR AUDIO-VISUAL
COVERAGE OF THE PROCEEDINGS.
11. CLOSING THE COURTROOM. NO AUDIO-VISUAL COVERAGE OR LIVESTREAMING
WILL BE PERMITTED DURING ANY PERIOD IN WHICH THE COURTROOM IS LAWFULLY
CLOSED TO THE GENERAL PUBLIC IN ACCORDANCE WITH THE UNITED STATES AND
NEW YORK CONSTITUTIONS, NEW YORK LAW AND COURT RULES.
12. APPELLATE REVIEW. INTERLOCUTORY REVIEW OF AN ORDER RESTRICTING
AUDIO-VISUAL COVERAGE SHALL BE EXPEDITED IN ACCORDANCE WITH THE RULES OF
THE APPLICABLE APPELLATE COURT.
13. REGULATIONS. THE PROVISIONS OF THIS ACT SHALL SUPERSEDE ANY
PROVISION TO THE CONTRARY IN PART 131 OF THE RULES OF THE CHIEF ADMINIS-
TRATIVE JUDGE, 22 NYCRR PART 131, PART 29 OF THE RULES OF THE CHIEF
JUDGE, 22 NYCRR PART 29, AND ANY OTHER COURT RULE REGARDING AUDIO-VISUAL
COVERAGE OF JUDICIAL PROCEEDINGS.
§ 2. Section 52 of the civil rights law is REPEALED.
§ 3. Subdivision 5 of section 751 of the judiciary law, as added by
chapter 187 of the laws of 1992, is amended to read as follows:
5. Where any member of the [news] media as [defined in subdivision two
of] REFERENCED IN section two hundred eighteen of this chapter, willful-
ly disobeys a lawful mandate of a court issued pursuant to such section,
the punishment for each day that such contempt persists may be by a fine
fixed in the discretion of the court, but not to exceed five thousand
dollars per day or imprisonment, not exceeding thirty days, in the jail
of the county where the court is sitting or both, in the discretion of
the court. In fixing the amount of the fine, the court shall consider
all the facts and circumstances directly related to the contempt,
including, but not limited to: (i) the extent of the willful defiance of
or resistance to the court's mandate, (ii) the amount of gain obtained
by the willful disobedience of the mandate, and (iii) the effect upon
the public and the parties to the proceeding of the willful disobedi-
ence.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART YY
Section 1. Subparagraph (i) of paragraph a of subdivision 2 of
section 679-e of the education law, as amended by section 1 of part R
of chapter 57 of the laws of 2011, is amended to read as follows:
(i) "Eligible attorney" means an attorney, who is a resident of and is
admitted to practice law in New York state, who is employed full-time as
either a district attorney, as defined in subparagraph (ii) of this
paragraph, or an indigent legal services attorney, as defined in subpar-
agraph (iii) of this paragraph OR AN ATTORNEY WORKING AS ASSIGNED COUN-
SEL PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW WHO PROVIDES AN
ANNUAL AVERAGE OF ONE HUNDRED TWENTY HOURS PER MONTH TO ASSIGNED COUNSEL
CASES, who is admitted to practice law in this state for not more than
eleven years or who was within the eligible period as defined in para-
S. 4005--B 108
graph b of this subdivision during the time for which such person is
seeking a student loan expense grant. Notwithstanding the foregoing, an
eligible attorney shall include those district attorney applicants who
were awarded program eligibility and who provided qualified service
between April first, two thousand eight and March thirty-first, two
thousand eleven; such an eligible attorney shall remain eligible to
participate in the program provided they are within an eligible period
measured from six years from the date which such attorney was first
employed as a district attorney.
§ 2. Paragraph b of subdivision 2 of section 679-e of the education
law, as amended by section 1 of part VV of chapter 56 of the laws of
2009, is amended to read as follows:
b. "Eligible period" means the [six-year] EIGHT-YEAR period after
completion of the [third] SECOND year and before the commencement of the
[tenth] ELEVENTH year of employment as an eligible attorney. For
purposes of this section, all periods of time during which an admitted
attorney was employed as an eligible attorney and all periods of time
during which a law school graduate awaiting admission to the New York
state bar was employed by a prosecuting [or] AGENCY, criminal defense
agency, NON-PROFIT INDIGENT CIVIL LEGAL SERVICES CORPORATION, OR AS
ASSIGNED COUNSEL as permitted by section four hundred eighty-four of the
judiciary law shall be combined.
§ 3. Paragraph d of subdivision 2 of section 679-e of the education
law, as amended by section 1 of part VV of chapter 56 of the laws of
2009, is amended to read as follows:
d. "Year of qualified service" means the twelve month period measured
from the anniversary of the attorney's employment as an eligible attor-
ney, or as a law school graduate awaiting admission to the New York
state bar employed by a prosecuting [or] AGENCY, criminal defense
agency, NON-PROFIT INDIGENT CIVIL LEGAL SERVICES CORPORATION, OR AS
ASSIGNED COUNSEL as permitted by section four hundred eighty-four of the
judiciary law, adjusted for any interruption in employment. VACATION OR
LEAVE TIME PROVIDED BY THE EMPLOYER OR LEAVE TAKEN FOR A CONDITION THAT
IS A QUALIFYING REASON FOR LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT
OF 1993, 29 U.S.C. 2612(A)(1) AND (3) SHALL NOT BE CONSIDERED AN INTER-
RUPTION IN QUALIFYING EMPLOYMENT. Any period of [temporary leave from
service] INTERRUPTION IN QUALIFYING EMPLOYMENT taken by an eligible
attorney shall not be considered in the calculation of qualified
service. However, the period of [temporary leave shall be considered an]
interruption in QUALIFYING employment and the calculation of the time
period of qualified service shall recommence when the eligible attorney
returns to [full time] service.
§ 4. Paragraph a of subdivision 3 of section 679-e of the education
law, as amended by section 1 of part VV of chapter 56 of the laws of
2009, is amended to read as follows:
a. An eligible attorney may apply for reimbursement after the
completion of each year of qualified service provided however that
reimbursement to each eligible attorney shall not exceed [three thousand
four hundred] EIGHT THOUSAND dollars, per qualifying year, subject to
appropriations available therefor. The president may establish: (i) an
application deadline and (ii) a method of selecting recipients if in any
given year there are insufficient funds to cover the needs of all the
applicants. Awards shall be within the amounts appropriated for such
purpose and based on availability of funds.
S. 4005--B 109
§ 5. Paragraph b of subdivision 3 of section 679-e of the education
law, as amended by section 1 of part VV of chapter 56 of the laws of
2009, is amended to read as follows:
b. An eligible attorney may apply after the completion of the [fourth]
SECOND year of qualified service, and annually thereafter after the
completion of the [fifth] THIRD through [ninth] ELEVENTH year of quali-
fied service, and may seek a student loan expense grant for only the
previous year of qualified service within the time periods prescribed by
the president. An eligible attorney may receive student loan expense
grants for no more than [six] EIGHT years of qualified service within an
eligible period.
§ 6. This act shall take effect April 1, 2024. Nothing in this act
shall be implemented in a manner that diminishes the current award or
status of eligible attorneys currently participating in the program.
PART ZZ
Intentionally Omitted
PART AAA
Section 1. Section 912 of the general municipal law, as added by chap-
ter 390 of the laws of 1972, is amended to read as follows:
§ 912. Orange county industrial development agency. 1. For the benefit
of the county of Orange and the inhabitants thereof, an industrial
development agency, to be known as the ORANGE COUNTY INDUSTRIAL DEVELOP-
MENT AGENCY, is hereby established for the accomplishment of any or all
of the purposes specified in title one of THIS article [eighteen-A of
this chapter]. It shall constitute a body corporate and politic, and be
perpetual in duration. It shall have the powers and duties now or here-
after conferred by title one of THIS article [eighteen-A of this chap-
ter] upon industrial development agencies. It shall be organized in a
manner prescribed by and be subject to the provisions of title one of
THIS article [eighteen-A of this chapter]. Its members shall be
appointed by the governing body of the county of Orange. The agency, its
members, officers and employees and its operations and activities shall
in all respects be governed by the provisions of title one of THIS arti-
cle [eighteen-A of this chapter].
2. (A) IN ACCORDANCE WITH THE POWERS OF THE AUTHORITIES BUDGET OFFICE
ESTABLISHED BY TITLE TWO OF ARTICLE ONE OF THE PUBLIC AUTHORITIES LAW,
UP TO TWO MONITORS SHALL BE APPOINTED BY AND SERVE AT THE PLEASURE OF
THE DIRECTOR OF THE AUTHORITIES BUDGET OFFICE ("DIRECTOR") TO CARRY OUT
THE PROVISIONS OF THIS ACT INCLUDING BUT NOT LIMITED TO PROVIDING OVER-
SIGHT, GUIDANCE AND TECHNICAL ASSISTANCE RELATED TO THE FISCAL POLICIES,
PRACTICES, PROGRAMS AND DECISIONS OF THE ORANGE COUNTY INDUSTRIAL DEVEL-
OPMENT AGENCY, INCLUDING BUT NOT LIMITED TO DECISIONS, ACTIONS AND POLI-
CIES RELATED TO CONTRACTS AND PAYMENT IN LIEU OF TAXES AGREEMENTS.
(B) THE REASONABLE AND NECESSARY EXPENSES INCURRED BY THE MONITOR OR
MONITORS WHILE PERFORMING HIS OR HER OFFICIAL DUTIES SHALL BE PAID BY
THE INDUSTRIAL DEVELOPMENT AGENCY. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE MONITOR OR MONITORS SHALL BE ENTITLED TO DEFENSE AND INDEM-
NIFICATION BY THE INDUSTRIAL DEVELOPMENT AGENCY TO THE SAME EXTENT AS AN
INDUSTRIAL DEVELOPMENT AGENCY BOARD MEMBER, OFFICER, EMPLOYEE OR AGENT.
(C) THE MONITOR OR MONITORS SHALL BE ENTITLED TO ATTEND ALL MEETINGS
OF THE INDUSTRIAL DEVELOPMENT AGENCY, INCLUDING EXECUTIVE SESSIONS;
S. 4005--B 110
PROVIDED HOWEVER, SUCH MONITOR OR MONITORS SHALL NOT BE CONSIDERED FOR
PURPOSES OF ESTABLISHING A QUORUM OF THE BOARD, PROVIDED FURTHER THAT
THE MONITOR OR MONITORS MAY BE EXCUSED FROM EXECUTIVE SESSIONS WHEN
PROPOSED, PENDING OR CURRENT LITIGATION INVOLVING THE MONITOR OR MONI-
TORS OR THE DEPARTMENT ARE BEING DISCUSSED. THE INDUSTRIAL DEVELOPMENT
AGENCY SHALL COOPERATE WITH ANY MONITOR OR MONITORS WITH ACCESS, WITHIN
FORTY-EIGHT HOURS OF SUCH REQUEST FROM THE MONITOR OR MONITORS, TO ANY
NECESSARY DOCUMENTS AND RECORDS OF THE INDUSTRIAL DEVELOPMENT AGENCY
INCLUDING BUT NOT LIMITED TO DATABASES AND PLANNING DOCUMENTS, PAYMENT
IN LIEU OF TAXES AGREEMENTS, AND CONTRACTS CONSISTENT WITH ALL APPLICA-
BLE STATE AND FEDERAL STATUTES. THE MONITOR OR MONITORS SHALL PROVIDE A
COPY OF SUCH REQUEST FOR ANY DOCUMENT OR RECORD TO THE INDUSTRIAL DEVEL-
OPMENT AGENCY BOARD.
(D) THE BOARD SHALL PROVIDE THE MONITOR OR MONITORS WITH COPIES OF ANY
MEETING AGENDAS AND ALL RESOLUTIONS AND MOTIONS ON SUCH AGENDA FOR EACH
BOARD MEETING NO LATER THAN SEVENTY-TWO HOURS PRIOR TO SUCH BOARD MEET-
ING. IF A PROPOSED RESOLUTION OR MOTION IS FOR THE PURPOSE OF APPROVING
A CONTRACT OR A PAYMENT IN LIEU OF TAXES AGREEMENT, THE BOARD CLERK
SHALL PROVIDE THE MONITOR OR MONITORS WITH COPIES OF THE PROPOSED
CONTRACT OR PAYMENT IN LIEU OF TAXES LANGUAGE AT LEAST SEVEN DAYS PRIOR
TO SUCH MEETING.
(E) IN THE EVENT THE MONITOR OR MONITORS ARE NOT PROVIDED WITH COPIES
OF PROPOSED RESOLUTIONS OR MOTIONS SEVENTY-TWO HOURS PRIOR TO A BOARD
MEETING OR IN THE CASE OF A PROPOSED MOTION OR RESOLUTION FOR THE
PURPOSE OF APPROVING A CONTRACT OR PAYMENT IN LIEU OF TAXES AGREEMENT,
SEVEN DAYS PRIOR TO THE NEXT BOARD MEETING, THE MONITOR OR MONITORS MAY,
AT THEIR DISCRETION, REMOVE AN ITEM INCLUDING BOARD RESOLUTIONS OR
MOTIONS, FROM CONSIDERATION BY THE BOARD AT SUCH MEETING. UPON FAILURE
OF THE BOARD TO PROVIDE PROPOSED RESOLUTIONS OR MOTIONS AS REQUIRED BY
THIS SECTION, THE MONITOR OR MONITORS SHALL PROVIDE NOTICE OF FAILURE TO
THE BOARD. AN ITEM REMOVED FROM CONSIDERATION BY THE MONITOR OR MONITORS
MAY NOT BE RECONSIDERED BY THE BOARD FOR A PERIOD OF TEN DAYS OR THE
NEXT BOARD MEETING; WHICHEVER IS LATER UNLESS THE MONITOR OR MONITORS
EXPRESSLY AUTHORIZES CONSIDERATION AT AN EARLIER DATE.
(I) THE MONITOR OR MONITORS SHALL HAVE THE DISCRETION TO DISAPPROVE OF
ANY CONTRACT, PAYMENT IN LIEU OF TAXES AGREEMENT, AGREEMENT TO WAIVE
MORTGAGE RECORDING TAXES, OR AGREEMENT TO PROVIDE SALES TAX EXEMPTIONS
PROPOSED BY THE BOARD UPON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
SION WITH SEVENTY-TWO HOURS NOTICE PRIOR TO THE PLANNED CONSIDERATION OF
SUCH CONTRACT, PAYMENT IN LIEU OF TAXES AGREEMENT, AGREEMENT TO WAIVE
MORTGAGE RECORDING TAXES, OR AGREEMENT TO PROVIDE SALES TAX EXEMPTIONS;
PROVIDED HOWEVER, THAT THE MONITOR OR MONITORS MUST PROVIDE A WRITTEN
EXPLANATION FOR SUCH DECISION; AND PROVIDED FURTHER, THAT THE DIRECTOR
SHALL HAVE DISCRETION TO OVERTURN SUCH DECISION.
(II) THE MONITOR OR MONITORS SHALL HAVE THE DISCRETION TO MAKE CHANGES
OR ADDITIONS TO THE BY-LAWS AND POLICIES OF THE INDUSTRIAL DEVELOPMENT
AGENCY; PROVIDED HOWEVER, THAT SUCH CHANGES MUST BE MADE WITH SEVENTY-
TWO HOURS WRITTEN NOTICE TO THE BOARD.
(III) THE MONITOR OR MONITORS SHALL HAVE THE DISCRETION TO MAKE CHANG-
ES OR ADDITIONS TO THE INDUSTRIAL DEVELOPMENT AGENCY'S UNIFORM TAX
EXEMPTION POLICY; PROVIDED HOWEVER, THAT SUCH CHANGES MUST BE MADE WITH
SEVENTY-TWO HOURS WRITTEN NOTICE TO THE BOARD.
(IV) THE MONITOR OR MONITORS SHALL HAVE THE DISCRETION TO COMPEL THE
RETURN OF ALL OR PART OF THE FINANCIAL ASSISTANCE PROVIDED FOR ANY
PROJECT, INCLUDING ALL OR PART OF THE AMOUNT OF ANY TAX EXEMPTIONS, AS
SPECIFIED IN THE POLICY, WHERE THE MONITORS DETERMINE, THROUGH THE AGEN-
S. 4005--B 111
CY'S ANNUAL ASSESSMENT OF A PROJECT, OR THROUGH ANY OTHER MEANS, THAT A
PROJECT SHOWS MATERIAL SHORTFALLS IN JOB CREATION AND RETENTION PROJEC-
TIONS OR MATERIAL VIOLATIONS OF THE TERMS AND CONDITIONS OF PROJECT
AGREEMENTS. ALL SUCH RETURNED AMOUNTS OF TAX EXEMPTIONS SHALL BE REDIS-
TRIBUTED TO THE APPROPRIATE AFFECTED TAX JURISDICTION, UNLESS AGREED TO
OTHERWISE BY ANY LOCAL TAXING JURISDICTION.
(F) THE BOARD, IN CONSULTATION WITH THE MONITOR OR MONITORS, SHALL
ADOPT A CONFLICT OF INTEREST POLICY THAT COMPLIES WITH ALL EXISTING
APPLICABLE LAWS, RULES AND REGULATIONS THAT ENSURES ITS BOARD MEMBERS
AND ADMINISTRATION ACT IN THE INTERESTS OF ORANGE COUNTY AND COMPLY WITH
ALL APPLICABLE LEGAL REQUIREMENTS. THE CONFLICT OF INTEREST POLICY SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(I) A DEFINITION OF THE CIRCUMSTANCES THAT CONSTITUTE A CONFLICT OF
INTEREST;
(II) PROCEDURES FOR DISCLOSING A CONFLICT OF INTEREST TO THE BOARD;
(III) A REQUIREMENT THAT THE PERSON WITH THE CONFLICT OF INTEREST NOT
BE PRESENT AT OR PARTICIPATE IN BOARD DELIBERATIONS OR VOTES ON THE
MATTER GIVING RISE TO SUCH CONFLICT, PROVIDED THAT NOTHING IN THIS
SUBDIVISION SHALL PROHIBIT THE BOARD FROM REQUESTING THAT THE PERSON
WITH THE CONFLICT OF INTEREST PRESENT INFORMATION AS BACKGROUND OR
ANSWER QUESTIONS AT A BOARD MEETING PRIOR TO THE COMMENCEMENT OF DELIB-
ERATIONS OR VOTING THERETO;
(IV) A PROHIBITION AGAINST ANY ATTEMPT BY THE PERSON WITH THE CONFLICT
TO INFLUENCE IMPROPERLY THE DELIBERATION OR VOTING ON THE MATTER GIVING
RISE TO SUCH CONFLICT;
(V) COMPLIANCE WITH ALL APPLICABLE STATE LAWS AND REGULATIONS; AND
(VI) A REQUIREMENT THAT THE EXISTENCE AND RESOLUTION OF THE CONFLICT
BE DOCUMENTED IN THE BOARD'S RECORDS, INCLUDING IN THE MINUTES OF ANY
MEETING AT WHICH THE CONFLICT WAS DISCUSSED OR VOTED UPON.
(G) IN THE EVENT THAT THE MONITOR OR MONITORS FIND THAT AN ADOPTED
RESOLUTION OR MOTION, A PROPOSED RESOLUTION OR MOTION, OR THAT THE
BOARD'S FAILURE TO ACT VIOLATES STATE LAW, THE RULES OF THE INDUSTRIAL
DEVELOPMENT AGENCY, THE PROVISIONS OF TITLE ONE OF THIS ARTICLE, THIS
SECTION, OR IS INCONSISTENT WITH THE ECONOMIC INTERESTS OF ORANGE COUNTY
AND ITS CONSTITUENTS, THE MONITOR OR MONITORS MAY:
(I) OVERRIDE ADOPTED OR PROPOSED RESOLUTIONS OR MOTIONS BY THE BOARD
THROUGH THE ISSUANCE OF A DIRECTIVE WHICH SHALL CONTAIN THE SPECIFIC
FINDINGS AS TO THE NECESSITY OF SUCH OVERRIDE AND ANY POTENTIAL CORREC-
TIVE ACTION BY THE BOARD THAT WOULD ADDRESS THE DEFICIENCY IN SUCH
ADOPTED OR PROPOSED RESOLUTION OR MOTION. THE MONITOR OR MONITORS SHALL
PROVIDE WRITTEN NOTICE TO THE BOARD TO OVERRIDE THE ADOPTED OR PROPOSED
RESOLUTION OR MOTION AT ANY TIME BUT IN NO EVENT LATER THAN FORTY-EIGHT
HOURS AFTER SUCH RESOLUTION OR MOTION WAS ADOPTED BY THE BOARD UNLESS
THE DIRECTOR HAS EXTENDED THE PERIOD TO OVERRIDE DUE TO EXTENUATING
CIRCUMSTANCES THAT NECESSITATE ADDITIONAL TIME. THE OVERRIDE NOTICE
SHALL STAY THE PROCEEDINGS OF THE BOARD ON SUCH ADOPTED RESOLUTION OR
MOTION OR, IF THE NOTICE IS PROVIDED PRIOR TO ACTION BY THE BOARD, IT
SHALL REMOVE SUCH PROPOSED RESOLUTION OR MOTION FROM CONSIDERATION BY
THE BOARD PENDING THE ISSUANCE OF A DIRECTIVE BY THE MONITOR OR MONI-
TORS. THE MONITOR OR MONITORS MUST SUBMIT THE DIRECTIVE TO THE BOARD AND
THE DIRECTOR NO LATER THAN TEN DAYS FOLLOWING NOTICE OF SUCH OVERRIDE.
UPON THE ISSUANCE OF A DIRECTIVE, THE OVERRIDE OF THE BOARD'S ADOPTED OR
PROPOSED RESOLUTION OR MOTION SHALL BE FINAL AND CONCLUSIVE UNLESS THE
MONITOR OR MONITORS FAIL TO ISSUE SUCH DIRECTIVE WITHIN 10 DAYS OR WITH-
IN SUCH PERIOD ESTABLISHED BY THE MONITOR OR MONITORS IF THE PERIOD WAS
EXTENDED, WITHDRAWS SUCH OVERRIDE, OR THE DIRECTOR OVERRULES THE MONITOR
S. 4005--B 112
OR MONITORS' OVERRIDE WITHIN TEN DAYS OF THE ISSUANCE OF THE DIRECTIVE.
THE MONITOR OR MONITORS MAY EXTEND THE PERIOD TO SUBMIT SUCH DIRECTIVE,
AT INTERVALS OF TEN ADDITIONAL DAYS FOR EACH EXTENSION, IF THE BOARD
FAILS TO PROVIDE ALL RELEVANT INFORMATION REQUESTED BY THE MONITOR OR
MONITORS RELATED TO THE ADOPTED OR PROPOSED RESOLUTION OR MOTION SUBJECT
TO SUCH OVERRIDE WITHIN FORTY-EIGHT HOURS OF SUCH REQUEST.
(II) SUBMIT A RESOLUTION FOR ADOPTION BY THE BOARD. THE RESOLUTION
SHALL BE SUBMITTED TO THE BOARD NO LATER THAN 48 HOURS PRIOR TO THE NEXT
SCHEDULED BOARD MEETING WHO SHALL CAUSE THE RESOLUTION TO BE PLACED ON
THE NEXT BOARD MEETING AGENDA AND A COPY TO BE ISSUED TO THE BOARD AND
THE DIRECTOR ACCOMPANIED BY SPECIFIC FINDINGS AS TO THE NECESSITY OF
SUCH RESOLUTION. THE MONITOR OR MONITORS MAY DIRECT THE BOARD TO MEET AT
A DATE PRIOR TO THEIR NEXT SCHEDULED BOARD MEETING TO TAKE UP SUCH
RESOLUTION. THE MONITOR OR MONITORS MAY WITHDRAW THE RESOLUTION PRIOR
TO, OR DURING, THE NEXT BOARD MEETING, IF THE BOARD TAKES SUFFICIENT
ACTION TO RESOLVE THE ISSUES CONTAINED IN THE RESOLUTION. IF THE RESOL-
UTION IS NOT WITHDRAWN, IT SHALL BE DEEMED TO BE ADOPTED AT THE NEXT
BOARD MEETING THROUGH ITS SUBMISSION AND SHALL HAVE THE FULL FORCE AND
EFFECT AS ANY OTHER RESOLUTION ADOPTED BY THE BOARD.
(III) THE MONITOR OR MONITORS SHALL NOT OVERRIDE AN ADOPTED OR
PROPOSED RESOLUTION OR MOTION OR SUBMIT A RESOLUTION RELATED TO COLLEC-
TIVE BARGAINING AGREEMENTS NEGOTIATED IN ACCORDANCE WITH ARTICLE FOUR-
TEEN OF THE CIVIL SERVICE LAW.
(H) THE MONITOR OR MONITORS MAY DIRECT THE BOARD AND ANY INDUSTRIAL
DEVELOPMENT OFFICERS, EMPLOYEES OR AGENTS TO UNDERGO ANY TRAINING AS
DEEMED NECESSARY AND PURSUANT TO TIMELINES ESTABLISHED BY THE STATE
MONITOR OR MONITORS. IN NO EVENT SHALL THE TOTAL NUMBER OF TRAINING
HOURS MANDATED BY THE MONITOR OR MONITORS EXCEED FIFTEEN HOURS IN A
SINGLE CALENDAR YEAR. HOWEVER, THE MONITOR OR MONITORS MAY RECOMMEND
ADDITIONAL TRAINING AS DEEMED NECESSARY.
(I) THE MONITOR OR MONITORS SHALL HAVE THE POWER TO APPROVE OR DISAP-
PROVE THE APPOINTMENT, HIRING, OR CONTRACTING OF OFFICERS, EMPLOYEES OR
AGENTS BY THE BOARD ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
THE BOARD SHALL SUBMIT THE RECOMMENDATION FOR SUCH APPOINTMENTS, HIRES
OR CONTRACTING TO THE MONITOR OR MONITORS FOR APPROVAL. THE MONITOR OR
MONITORS SHALL HAVE TEN DAYS TO APPROVE OR DISAPPROVE THE BOARD'S RECOM-
MENDATION. IF AFTER SUCH PERIOD NO ACTION IS TAKEN BY THE MONITOR OR
MONITORS, THE RECOMMENDATION FOR SUCH APPOINTMENT, HIRING OR CONTRACTING
SHALL BE DEEMED APPROVED. IF THE MONITOR OR MONITORS DISAPPROVES OF THE
APPOINTMENT, HIRING OR CONTRACTING THEN THE BOARD SHALL RECOMMEND A NEW
CANDIDATE OR CANDIDATES FOR THE MONITOR OR MONITORS TO APPROVE OR DISAP-
PROVE UNTIL SUCH APPOINTMENT, HIRING OR CONTRACTING IS APPROVED BY THE
MONITOR OR MONITORS. IN THE EVENT THAT A VACANCY OCCURS IN SUCH POSI-
TIONS DUE TO THE DISAPPROVAL OF A RECOMMENDATION, THE MONITOR OR MONI-
TORS MAY APPOINT A CURRENT OFFICER OR EMPLOYEE TO SERVE IN AN INTERIM
CAPACITY UNTIL A RECOMMENDATION IS APPROVED.
3. THE DIRECTOR SHALL UNDERTAKE AN ENHANCED REVIEW OF THE BUDGET DECI-
SIONS AND PAYMENT IN LIEU OF TAXES AGREEMENTS OF THE INDUSTRIAL DEVELOP-
MENT AGENCY.
(A) THE BOARD SHALL ANNUALLY SUBMIT THE INDUSTRIAL DEVELOPMENT AGEN-
CY'S PROPOSED BUDGET FOR THE NEXT SUCCEEDING FISCAL YEAR TO THE MONITOR
OR MONITORS NO LATER THAN FORTY-FIVE DAYS PRIOR TO ITS ADOPTION. THE
MONITOR OR MONITORS SHALL REVIEW THE BUDGET TO ENSURE THAT IT, TO THE
GREATEST EXTENT POSSIBLE, IS CONSISTENT WITH PURPOSES AND NECESSARY
ACTIVITIES OF THE ORANGE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AND THAT
S. 4005--B 113
IT DOES NOT CONFLICT WITH THE LONG TERM ECONOMIC INTERESTS OF ORANGE
COUNTY AND ITS CONSTITUENTS.
(B) THE BOARD SHALL PROVIDE QUARTERLY REPORTS TO THE MONITOR OR MONI-
TORS AND ANNUAL REPORTS TO THE DIRECTOR ON THE OPERATIONAL STATUS OF THE
INDUSTRIAL DEVELOPMENT AGENCY. IN ADDITION, THE MONITOR OR MONITORS
SHALL PROVIDE SEMI-ANNUAL REPORTS TO THE DIRECTOR, WHO SHALL MAKE SUCH
REPORTS AVAILABLE UPON REQUEST TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY ON THE FISCAL AND OPERA-
TIONAL STATUS OF THE INDUSTRIAL DEVELOPMENT AGENCY. SUCH SEMI-ANNUAL
REPORT SHALL INCLUDE ALL THE CONTRACTS THAT THE BOARD ENTERED INTO
THROUGHOUT THE YEAR. ALL REPORTS SHALL BE SUBJECT TO REVIEW BY THE COMP-
TROLLER AT THE REQUEST OF THE DIRECTOR.
(C) THE MONITOR OR MONITORS SHALL HAVE THE AUTHORITY TO DISAPPROVE
TRAVEL PAID FOR BY THE INDUSTRIAL DEVELOPMENT AGENCY.
(D) THE MONITOR OR MONITORS SHALL WORK WITH THE BOARD IN DEVELOPING
AND REVISING THE INDUSTRIAL DEVELOPMENT AGENCY'S GOALS, IMPLEMENTATION
OF ITS PRIORITIES AND BUDGETARY RECOMMENDATIONS.
(E) THE MONITOR OR MONITORS MAY RECOMMEND, AND THE BOARD SHALL CONSID-
ER BY VOTE OF A RESOLUTION AT THE NEXT SCHEDULED MEETING OF THE BOARD,
COST SAVING MEASURES INCLUDING, BUT NOT LIMITED TO, SHARED SERVICE
AGREEMENTS.
4. THE DIRECTOR MAY OVERRULE ANY DECISION OF THE MONITOR OR MONITORS,
EXCEPT FOR DECISIONS RELATED TO COLLECTIVE BARGAINING AGREEMENTS NEGOTI-
ATED IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. IF
THE DIRECTOR OVERRULES A DECISION OF THE MONITOR OR MONITORS, THE DIREC-
TOR MAY DIRECT THE BOARD TO TAKE CORRECTIVE ACTION ON SUCH MATTER IF IT
IS NECESSARY TO COMPLY WITH STATE LAW, REGULATION OR THE LONG-TERM
ECONOMIC INTERESTS OF ORANGE COUNTY AND ITS CONSTITUENTS. IN THE EVENT
THERE IS DISAGREEMENT BETWEEN THE MONITORS, THE DIRECTOR MAY RESOLVE
SUCH DISAGREEMENTS AND DIRECT THE MONITORS TO TAKE ACTION AS A RESULT OF
SUCH RESOLUTION.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE THE DUTIES
AND RESPONSIBILITIES OF THE BOARD CONSISTENT WITH APPLICABLE STATE LAW
AND REGULATIONS.
§ 2. Paragraphs (n) and (o) of subdivision 1 of section 6 of the
public authorities law, as added by chapter 506 of the laws of 2009, are
amended and a new paragraph (p) is added to read as follows:
(n) make recommendations to the legislature and governor with respect
to options for, and whether there should be, compensation for boards of
directors; [and]
(o) review the potential for and make recommendations to the legisla-
ture and governor regarding change in the terms of office of public
authorities board members[.]; AND
(P) APPOINT MONITORS TO PROVIDE OVERSIGHT, GUIDANCE AND TECHNICAL
ASSISTANCE RELATED TO THE FISCAL POLICIES, PRACTICES, PROGRAMS AND DECI-
SIONS OF A STATE OR LOCAL AUTHORITY, INCLUDING BUT NOT LIMITED TO DECI-
SIONS, ACTIONS AND POLICIES RELATED TO CONTRACTS AND PAYMENT IN LIEU OF
TAXES AGREEMENTS AS AUTHORIZED IN LAW.
§ 3. This act shall take effect immediately; provided however, that
subdivisions two, three, four and five of section 912 of the general
municipal law, as added by section one of this act shall expire and be
deemed repealed two years after such effective date.
PART BBB
S. 4005--B 114
Section 1. Section 212 of the retirement and social security law is
amended by adding a new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION, THE EARNING LIMITATIONS FOR RETIRED PERSONS IN POSITIONS OF
PUBLIC SERVICE SHALL BE INCREASED TO FIFTY THOUSAND DOLLARS FROM THE
YEAR TWO THOUSAND TWENTY-THREE AND THEREAFTER.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend Section 212 of the Retirement and Social Securi-
ty Law (RSSL) to set the salary a retired person may earn in public
employment without reduction in retirement allowance to $50,000 during
the calendar year 2023 and thereafter. Currently, the salary limit is
$35,000.
Insofar as this bill affects the New York State and Local Retirement
System (NYSLRS), if enacted during the 2023 legislative session, the
direct cost incurred would be the retiree's post-retirement earnings
more than $35,000 each calendar year, not to exceed the full pension
benefit paid by the NYSLRS during the calendar year. Annually, NYSLRS
will determine which retirees earned post-retirement income with a
public employer.
In the New York State and Local Employees' Retirement System
(NYSLERS), pursuant to Section 25 of the RSSL, these direct costs would
be borne entirely by the State of New York and would require an itemized
appropriation sufficient to pay the cost of the provision. The benefit
improvement will be funded by including a separate itemized charge on
the annual invoice of the State of New York, beginning March 1, 2025,
equal to the cost quoted above, plus interest.
In the New York State and Local Police and Fire Retirement System
(NYSLPFRS), those participating employers that elect to hire a retired
person pursuant to this legislation will incur annual costs equal to the
additional pension payments quoted above, plus interest.
In addition to the direct costs quoted above, insofar as this proposal
disrupts the usual pattern and timing of employee turnover (that is, if
members retire earlier than assumed and participating employers hire a
retiree instead of a new billable member), shifts in member behavior
could generate losses that increase the average billing rates.
* In the 20-year and 25-year service-based plans, average billing
rates could increase from 27.8% to 37.7%.
* In the age-based plans, average billing rates could increase from
13.7% to 17.2%.
The actual increase in billing rates will depend upon member and
employer utilization, with the rates above representing an upper limit.
Further, we anticipate additional administrative costs to implement
the provisions of this legislation.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes, Rules and Regulations of the State of New York:
Audit and Control.
S. 4005--B 115
The Market Assets and GASB Disclosures are found in the March 31, 2022
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 13, 2023, and intended for use only during
the 2023 Legislative Session, is Fiscal Note No. 2023-121, prepared by
the Actuary for the New York State and Local Retirement System.
PART CCC
Section 1. Section 343 of the retirement and social security law is
amended by adding a new subdivision i to read as follows:
I. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
RY, FOR ANY POLICE OFFICER EMPLOYED BY THE DIVISION OF LAW ENFORCEMENT
IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE CITY OF NEW YORK
TRANSFERRING FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM TO THE
NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION AND ANY POLICE OFFICER FORMERLY
EMPLOYED BY THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT OF ENVI-
RONMENTAL PROTECTION IN THE CITY OF NEW YORK HAVING MADE SUCH TRANSFER,
SUCH POLICE OFFICER'S DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION IN THE CITY OF NEW YORK SERVICE CREDIT SHALL BE
DEEMED CREDITABLE SERVICE, IN SUCH POLICE OFFICER'S TWENTY YEAR OR TWEN-
TY-FIVE YEAR RETIREMENT PLAN, IF SUCH POLICE OFFICER HAS SERVED FOR AT
LEAST TWO YEARS IN SUCH EMPLOYMENT AND IF, WITHIN ONE YEAR OF THE DATE
ON WHICH HE OR SHE FIRST BECAME A MEMBER OF THE NEW YORK STATE AND LOCAL
POLICE AND FIRE RETIREMENT SYSTEM OR WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SUBDIVISION, SUCH MEMBER ELECTS TO DO SO.
2. THE AMOUNT OF SUCH SERVICE CREDITED TO THE MEMBER IN THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM PLAN SHALL NOT EXCEED
THE AMOUNT OF SERVICE CREDITED TO THE MEMBER IN THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM PLAN.
3. IF THE MEMBER SUBSEQUENTLY RETIRES ON AN AGE-BASED RETIREMENT PLAN
IN THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM
INSTEAD OF A TWENTY YEAR OR TWENTY-FIVE YEAR PLAN, THE FULL AMOUNT OF
SERVICE CREDIT EARNED, AS A POLICE OFFICER EMPLOYED BY THE DIVISION OF
LAW ENFORCEMENT IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE
CITY OF NEW YORK SHALL BE GRANTED.
4. IN NO EVENT SHALL THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION IN THE CITY OF NEW YORK SERVICE CREDITED TO
A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM PURSUANT TO THIS SUBDIVISION EXCEED A TOTAL OF TEN YEARS.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW IN THIS SECTION TO THE
CONTRARY, THE RESERVE ON SUCH MEMBER'S BENEFITS SHALL BE TRANSFERRED
FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM TO THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM IN ACCORDANCE WITH
SUBDIVISIONS C AND D OF THIS SECTION.
6. NO MEMBER WHO RECEIVES SERVICE CREDIT PURSUANT TO THIS SUBDIVISION
SHALL BE ELIGIBLE TO RECEIVE ADDITIONAL SERVICE CREDIT PURSUANT TO
SUBDIVISION B OF SECTION THREE HUNDRED EIGHTY-FOUR-E OF THIS ARTICLE IF
HIS OR HER EMPLOYER HAS ELECTED TO PROVIDE SUCH SERVICE CREDIT.
S. 4005--B 116
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would expand the definition of service creditable under
20-year and 25-year plans in the New York State and Local Police and
Fire Retirement System (NYSLPFRS) to include service transferred by any
police officer employed or formerly employed by the Division of Law
Enforcement in the Department of Environmental Protection in the City of
New York, provided that such police officer has at least two years of
such employment. The member must elect to obtain the service credit
within one year of the date on which they first became a member of the
NYSLPFRS or within one year of the effective date of this bill, whichev-
er occurs later. The amount of service credit received in the NYSLPFRS
shall not exceed the minimum of the amount of service credited to the
member in the New York City Employees' Retirement System (NYCERS) plan
or 10 years.
If this bill is enacted during the 2023 legislative session, it is
estimated that the past service cost will average approximately 25% of
an affected member's salary for each year of additional service that is
credited on a 20-year or 25- year plan. This cost will be offset by any
reserves transferred from the NYCERS. The remaining cost will be shared
by the State of New York and the participating employers in the
NYSLPFRS.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes, Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2022
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated February 28, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-87,
prepared by the Actuary for the New York State and Local Retirement
System.
PART DDD
Section 1. Section 212 of the judiciary law is amended by adding a new
subdivision 3 to read as follows:
3. (A) THE CHIEF ADMINISTRATOR SHALL COLLECT AND COMPILE DATA ON LEGAL
TRAINING PROGRAMS CONDUCTED BY, OR UNDER THE SUPERVISION OF, THE OFFICE
OF COURT ADMINISTRATION FOR THE JUDGES AND JUSTICES OF THE UNIFIED COURT
SYSTEM, INCLUDING:
S. 4005--B 117
(I) THE DATE, TIME, LOCATION, AND TOPIC OF EACH TRAINING PROGRAM;
(II) THE JUDGES AND JUSTICES WHO ATTENDED EACH TRAINING PROGRAM; AND
(III) ANY MATERIALS PRESENTED AND/OR DISTRIBUTED AT EACH TRAINING
PROGRAM, SUCH AS SLIDESHOWS, CASE COMPILATIONS, AND REFERENCE GUIDES.
(B) ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH YEAR, THE CHIEF
ADMINISTRATOR SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY CONTAINING THE DATA
REQUIRED TO BE COLLECTED AND COMPILED BY THIS SUBDIVISION. SUCH REPORT
SHALL ALSO CONTAIN:
(I) RULES, POLICIES, AND PROCEDURES ON LEGAL TRAINING FOR JUDGES AND
JUSTICES, INCLUDING INFORMATION SUFFICIENT TO ESTABLISH WHETHER THE
OFFICE OF COURT ADMINISTRATION MANDATES ANY LEGAL TRAINING FOR ANY JUDGE
OR JUSTICE; AND
(II) LEGAL REFERENCE MATERIALS DISTRIBUTED OR OTHERWISE MADE AVAIL-
ABLE, IN WHATEVER FORM, TO JUDGES AND JUSTICES FOR DAY-TO-DAY PRACTICE,
SUCH AS BENCH CARDS AND BENCH BOOKS.
§ 2. Section 212 of the judiciary law is amended by adding a new
subdivision 4 to read as follows:
4. (A) THE CHIEF ADMINISTRATOR SHALL PREPARE AN ANNUAL REPORT ON THE
PERFORMANCE OF THE JUDGES AND JUSTICES OF THE UNIFIED COURT SYSTEM. THE
CHIEF ADMINISTRATOR SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, AND SHALL
PUBLISH SUCH REPORT ON THE WEBSITE OF THE OFFICE OF COURT ADMINIS-
TRATION, ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH YEAR. SUCH REPORT
SHALL INCLUDE:
(I) RULES, POLICIES AND PROCEDURES OF THE OFFICE OF COURT ADMINIS-
TRATION FOR PROMOTING THE TIMELY AND JUST RESOLUTION OF ACTIONS AND
PROCEEDINGS, INCLUDING STANDARDS AND GOALS FOR MOTION RESOLUTION AND
CASE DISPOSITION; AND
(II) FOR EACH JUDGE OR JUSTICE:
(A) THE NUMBER OF CASES IN WHICH THE STANDARDS AND GOALS DESCRIBED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH WERE, AND WERE NOT, MET;
(B) THE NUMBER OF MOTIONS THAT HAVE BEEN PENDING FOR MORE THAN SIX
MONTHS AND THE NAME OF EACH CASE IN WHICH SUCH MOTION HAS BEEN PENDING;
(C) THE NUMBER OF BENCH TRIALS THAT HAVE BEEN SUBMITTED FOR MORE THAN
SIX MONTHS AND THE NAME OF EACH CASE IN WHICH SUCH TRIALS ARE UNDER
SUBMISSION;
(D) THE NUMBER AND NAMES OF CASES THAT HAVE NOT BEEN TERMINATED WITHIN
THREE YEARS OF FILING; AND
(E) THE NUMBER OF ORDERS AND JUDGMENTS REVERSED, MODIFIED, OR VACATED
ON APPEAL, FOR WHATEVER REASON, BY A HIGHER COURT.
(B) THE INFORMATION REQUIRED UNDER SUBPARAGRAPH (II) OF PARAGRAPH (A)
OF THIS SUBDIVISION SHALL BE POSTED IN A SEARCHABLE, SORTABLE, ALPHANU-
MERIC FORM THAT CAN BE DIGITALLY TRANSMITTED OR PROCESSED, AND NOT IN
PORTABLE DOCUMENT FORMAT OR SCANNED COPIES OF ORIGINAL DOCUMENTS.
§ 3. Section 212 of the judiciary law is amended by adding a new
subdivision 5 to read as follows:
5. (A) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-THREE, AND EVERY
YEAR THEREAFTER ON OR BEFORE JANUARY FIRST, THE CHIEF ADMINISTRATOR
SHALL SUBMIT AN ANNUAL REPORT ON THE SECURITY OF THE JUDICIAL AND NON-
JUDICIAL OFFICERS OF THE UNIFIED COURT SYSTEM TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE SENATE COMMITTEE ON
THE JUDICIARY, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIR OF THE ASSEM-
BLY COMMITTEE ON THE JUDICIARY. SUCH REPORT SHALL INCLUDE, FOR THE
PRECEDING YEAR:
S. 4005--B 118
(I) THE NUMBER OF THREATS DIRECTED AT JUDICIAL AND NON-JUDICIAL OFFI-
CERS AND THEIR FAMILIES;
(II) THE NUMBER OF PHYSICAL ASSAULTS AND ATTEMPTED ASSAULTS ON JUDI-
CIAL AND NON-JUDICIAL OFFICERS AND THEIR FAMILIES;
(III) THE NUMBER OF POLICE REPORTS FILED AND CRIMINAL PROSECUTIONS
RELATED TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH; AND
(IV) THE NUMBER OF JUDICIAL OFFICERS, NON-JUDICIAL OFFICERS, FORMER
JUDICIAL OFFICERS, AND FORMER NON-JUDICIAL OFFICERS COVERED BY EXTRAOR-
DINARY SECURITY MEASURES AT ANY POINT IN THE PRECEDING YEAR, AND THE
CUMULATIVE COST OF SUCH EXTRAORDINARY SECURITY MEASURES. FOR THE PURPOSE
OF THIS SUBDIVISION, EXTRAORDINARY SECURITY MEASURES SHALL MEAN SECURITY
MEASURES OTHER THAN SECURITY PROVIDED AT A COURTHOUSE ON A DAILY BASIS
BY UNIFORMED COURT OFFICERS OR A LOCAL SHERIFF OR POLICE DEPARTMENT,
INCLUDING BUT NOT LIMITED TO AN OFF-HOURS, NON-COURTHOUSE GUARD DETAIL.
(B) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-THREE, AND EVERY YEAR
THEREAFTER ON OR BEFORE JANUARY FIRST, THE CHIEF ADMINISTRATOR SHALL
SUBMIT A CONFIDENTIAL ANNUAL REPORT ON SECURITY PROCEDURES AND ACTIV-
ITIES OF THE UNIFIED COURT SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE CHAIR OF THE SENATE COMMITTEE ON THE JUDICIARY,
THE SPEAKER OF THE ASSEMBLY, AND THE CHAIR OF THE ASSEMBLY COMMITTEE ON
THE JUDICIARY. SUCH REPORT SHALL INCLUDE:
(I) THE RULES, POLICIES, AND PROCEDURES OF THE OFFICE OF COURT ADMIN-
ISTRATION FOR ASSESSING A THREAT TO A JUDICIAL OR NON-JUDICIAL OFFICER
OR THEIR FAMILY, INCLUDING WHETHER, WHEN, AND FOR HOW LONG EXTRAORDINARY
SECURITY MEASURES MAY BE INSTITUTED, AND BY WHOM SUCH EXTRAORDINARY
SECURITY MEASURES ARE AUTHORIZED AND TERMINATED;
(II) FOR EACH CURRENT OR FORMER JUDICIAL OR NON-JUDICIAL OFFICER
COVERED BY EXTRAORDINARY SECURITY MEASURES AT ANY POINT IN THE PRECEDING
YEAR:
(A) THE OFFICER'S NAME;
(B) A DESCRIPTION OF THE THREAT THAT JUSTIFIED EXTRAORDINARY SECURITY
MEASURES;
(C) A DESCRIPTION OF THE EXTRAORDINARY SECURITY MEASURES, INCLUDING
THE SIZE AND SCOPE OF ANY SECURITY DETAIL;
(D) THE START DATE AND, WHERE APPLICABLE, THE END DATE OF SUCH
EXTRAORDINARY SECURITY MEASURES;
(E) THE COST OF SUCH EXTRAORDINARY SECURITY MEASURES; AND
(F) THE PERSON WITHIN THE UNIFIED COURT SYSTEM WHO AUTHORIZED AND,
WHERE APPLICABLE, WHO TERMINATED SUCH EXTRAORDINARY SECURITY MEASURES.
(C) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE REPORT REQUIRED
UNDER PARAGRAPH (B) OF THIS SUBDIVISION AND ANY INFORMATION THEREIN
SHALL NOT BE DISCLOSED TO THE PUBLIC AND SHALL BE EXEMPT FROM ARTICLE
SIX OF THE PUBLIC OFFICERS LAW.
(D) BEFORE THE RECEIPT OF THE REPORT REQUIRED UNDER PARAGRAPH (B) OF
THIS SUBDIVISION, EACH RECIPIENT OF SUCH REPORT SHALL DEVELOP CONFIDEN-
TIALITY PROTOCOLS, WHICH SHALL BE BINDING UPON THE RECIPIENT WHO ISSUES
THE PROTOCOLS AND UPON ANYONE TO WHOM THE RECIPIENT SHOWS A COPY OF THE
REPORT, FOR THE MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE THE
CONFIDENTIALITY OF THE REPORT AND ALL INFORMATION CONTAINED THEREIN. ON
EACH REPORT, THE CHIEF ADMINISTRATOR SHALL PROMINENTLY DISPLAY THE
FOLLOWING STATEMENT: "THIS REPORT MAY CONTAIN INFORMATION THAT IF
DISCLOSED COULD ENDANGER THE LIFE OR SAFETY OF AN OFFICER OF THE UNIFIED
COURT SYSTEM OF THE STATE OF NEW YORK OR THEIR FAMILY. THIS REPORT MUST
THEREFORE BE MAINTAINED AND USED IN A MANNER CONSISTENT WITH PROTOCOLS
REQUIRED BY LAW FOR PRESERVING ITS CONFIDENTIALITY."
S. 4005--B 119
(E) THE FIRST REPORTS REQUIRED UNDER PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION SHALL COVER TWO THOUSAND TWENTY-TWO AND JANUARY THROUGH
MARCH OF TWO THOUSAND TWENTY-THREE.
§ 4. If in any year the chief administrator of the courts fails to
comply with section one, two or three this act, the legislature shall,
by concurrent resolution, declare such failure of compliance no later
than the first day of February of such year.
§ 5. This act shall take effect immediately.
PART EEE
Section 1. Section 89-e of the retirement and social security law is
amended by adding a new subdivision k to read as follows:
K. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A
CORRECTION OFFICER WOULD HAVE BEEN ENTITLED TO RETIRE PURSUANT TO THIS
SECTION AT THE TIME OF HIS OR HER DEATH AND WHERE HIS OR HER DEATH
OCCURS ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-THREE THAT ADDED THIS SUBDIVISION, THE BENEFICIARY OR
BENEFICIARIES MAY ELECT TO RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE
WHICH SHALL BE EQUAL TO THE PENSION RESERVE THAT WOULD HAVE BEEN ESTAB-
LISHED HAD THE MEMBER RETIRED ON THE DATE OF HIS OR HER DEATH, OR THE
VALUE OF THE DEATH BENEFIT AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY,
IF ANY, WHICHEVER IS GREATER.
§ 2. The retirement and social security law is amended by adding a new
section 606-c to read as follows:
§ 606-C. DEATH BENEFITS FOR CORRECTION OFFICERS EMPLOYED BY WESTCHES-
TER COUNTY. A. AS USED IN THIS SECTION, THE TERM "CORRECTION OFFICER"
SHALL MEAN A PERSON EMPLOYED BY THE WESTCHESTER COUNTY CORRECTION
DEPARTMENT WITH A TITLE OF CORRECTION OFFICER, CORRECTION OFFICER-SER-
GEANT, CORRECTION OFFICER-CAPTAIN, ASSISTANT WARDEN, ASSOCIATE WARDEN OR
WARDEN.
B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A
CORRECTION OFFICER WOULD HAVE BEEN ENTITLED TO A SERVICE RETIREMENT
BENEFIT AT THE TIME OF HIS OR HER DEATH AND WHERE HIS OR HER DEATH
OCCURS ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-THREE THAT ADDED THIS SECTION, THE BENEFICIARY OR BENE-
FICIARIES MAY ELECT TO RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH
SHALL BE EQUAL TO THE PENSION RESERVE THAT WOULD HAVE BEEN ESTABLISHED
HAD THE MEMBER RETIRED ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF
THE DEATH BENEFIT AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF ANY,
WHICHEVER IS GREATER.
§ 3. All past service costs associated with implementing the
provisions of this act shall be borne by the county of Westchester and
may be amortized over a period of ten years.
§ 4. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to the appropriation
requirement of section 25 of the retirement and social security law.
§ 5. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would modify the in-service death benefit for Westchester
County correction officers in Tiers 2 through 6. The in-service death
benefit will be the value of the pension reserve as if the member had
retired on their date of death.
If this bill is enacted during the 2023 legislative session, we antic-
ipate that there will be an increase of approximately $110,000 in the
annual contributions of Westchester County for the fiscal year ending
S. 4005--B 120
March 31, 2024. In future years, this cost will vary as the billing
rates and salary of the affected members change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $812,000 which will be
borne by Westchester County as a one-time payment. This estimate assumes
that payment will be made on February 1, 2024. If Westchester County
elects to amortize this cost over a 10-year period, the cost for the
first year including interest would be $104,000.
These estimated costs are based on 821 affected members employed by
Westchester County, with annual salary of approximately $103 million as
of March 31, 2022.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes, Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2022
New York State and Local Retirement System Financial Statements and
Supplementary Information.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 11, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-20,
prepared by the Actuary for the New York State and Local Retirement
System.
PART FFF
Section 1. Section 63-g of the retirement and social security law, as
added by chapter 714 of the laws of 2021, is amended to read as follows:
§ 63-g. Disability benefits; certain disabilities. Notwithstanding any
provision of this chapter or of any general, special or local law to the
contrary, any member who is a COUNTY FIRE MARSHAL, fire marshal, super-
vising fire marshal, division supervising fire marshal, assistant chief
fire marshal, chief fire marshal, ASSISTANT FIRE MARSHAL, or fire
marshal trainee employed by Nassau county who contracts any condition of
impairment of health caused by diseases of the heart, resulting in disa-
bility or death to such COUNTY FIRE MARSHAL, fire marshal, supervising
fire marshal, division supervising fire marshal, assistant chief fire
marshal, chief fire marshal, ASSISTANT FIRE MARSHAL, or fire marshal
trainee, presently employed, and who shall have sustained such disabili-
ty while so employed, shall be presumptive evidence that such disability
was incurred in the performance and discharge of duty and the natural
and proximate result of an accident, unless the contrary be proved by
competent evidence; provided, however, that prior to entry into service,
such COUNTY FIRE MARSHAL, fire marshal, supervising fire marshal, divi-
sion supervising fire marshal, assistant chief fire marshal, chief fire
marshal, ASSISTANT FIRE MARSHAL, or fire marshal trainee successfully
passed a physical examination which failed to disclose evidence of any
disease or other impairment of the heart.
S. 4005--B 121
§ 2. The retirement and social security law is amended by adding a new
section 63-i to read as follows:
§ 63-I. DEATH BENEFITS FOR FIRE MARSHALS EMPLOYED BY NASSAU COUNTY.
A. AS USED IN THIS SECTION, THE TERM "FIRE MARSHAL" SHALL MEAN A MEMBER
WHO IS EMPLOYED BY NASSAU COUNTY WITH A TITLE OF COUNTY FIRE MARSHAL,
SUPERVISING FIRE MARSHAL, FIRE MARSHAL, ASSISTANT FIRE MARSHAL, ASSIST-
ANT CHIEF FIRE MARSHAL, CHIEF FIRE MARSHAL, AND DIVISION SUPERVISING
FIRE MARSHAL.
B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A FIRE
MARSHAL WOULD HAVE BEEN ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE
TIME OF HIS OR HER DEATH AND WHERE HIS OR HER DEATH OCCURS ON OR AFTER
THE EFFECTIVE DATE OF THIS SECTION, THE BENEFICIARY OR BENEFICIARIES MAY
ELECT TO RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH SHALL BE EQUAL
TO THE PENSION RESERVE THAT WOULD HAVE BEEN ESTABLISHED HAD THE MEMBER
RETIRED ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF THE DEATH BENE-
FIT AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS
GREATER.
§ 3. Subdivisions a and j of section 89-w of the retirement and social
security law, as added by chapter 295 of the laws of 2007, are amended
to read as follows:
a. A member who serves as a county fire marshal, supervising fire
marshal, fire marshal, assistant fire marshal, assistant chief fire
marshal [or], chief fire marshal OR DIVISION SUPERVISING FIRE MARSHAL
and is employed by the county of Nassau shall be eligible to retire
pursuant to the provisions of this section. Such eligibility shall be an
alternative to the eligibility provisions available under any other plan
of this article to which such member is subject. The county executive of
the county of Nassau shall certify to the comptroller, periodically and
at such intervals of time as may be required of him or her and in such
fashion as may be prescribed, the identity of the eligible county fire
marshal, supervising fire marshals, fire marshals, assistant fire
marshals, assistant chief fire marshals [and], chief fire marshals AND
DIVISION SUPERVISING FIRE MARSHALS in his or her employ.
j. Notwithstanding any provision of this section or of any other
provision of law to the contrary, county fire marshals, supervising fire
marshals, fire marshals, assistant fire marshals, assistant chief fire
marshals [and], chief fire marshals AND DIVISION SUPERVISING FIRE
MARSHALS must serve five years within the Nassau county fire marshal
department after the effective date of this section before they are
eligible to retire under the provisions of the twenty-five year retire-
ment plan.
§ 4. Subdivision a of section 445 of the retirement and social securi-
ty law, as amended by chapter 245 of the laws of 2021, is amended to
read as follows:
a. No member of a retirement system who is subject to the provisions
of this article shall retire without regard to age, exclusive of retire-
ment for disability, unless he or she is a police officer, an investi-
gator member of the New York city employees' retirement system, fire-
fighter, correction officer, a qualifying member as defined in section
eighty-nine-t, as added by chapter six hundred fifty-seven of the laws
of nineteen hundred ninety-eight, of this chapter, sanitation worker, a
special officer (including persons employed by the city of New York in
the title urban park ranger or associate urban park ranger), school
safety agent, campus peace officer or a taxi and limousine commission
inspector member of the New York city employees' retirement system or
the New York city board of education retirement system, a dispatcher
S. 4005--B 122
member of the New York city employees' retirement system, a police
communications member of the New York city employees' retirement system,
an EMT member of the New York city employees' retirement system, a depu-
ty sheriff member of the New York city employees' retirement system, a
correction officer of the Westchester county correction department as
defined in section eighty-nine-e of this chapter or employed in Suffolk
county as a peace officer, as defined in section eighty-nine-s, as added
by chapter five hundred eighty-eight of the laws of nineteen hundred
ninety-seven, of this chapter, employed in Suffolk county as a
correction officer, as defined in section eighty-nine-f of this chapter,
or employed in Nassau county as a correction officer, uniformed
correction division personnel, sheriff, undersheriff or deputy sheriff,
as defined in section eighty-nine-g of this chapter, or employed in
Nassau county as an ambulance medical technician, an ambulance medical
technician/supervisor or a member who performs ambulance medical techni-
cian related services, or a police medic, police medic supervisor or a
member who performs police medic related services, as defined in section
eighty-nine-s, as amended by chapter five hundred seventy-eight of the
laws of nineteen hundred ninety-eight, of this chapter, or employed in
Nassau county as a peace officer, as defined in section eighty-nine-s,
as added by chapter five hundred ninety-five of the laws of nineteen
hundred ninety-seven, of this chapter, or employed in Albany county as a
sheriff, undersheriff, deputy sheriff, correction officer or identifica-
tion officer, as defined in section eighty-nine-h of this chapter or is
employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
iff or correction officer, as defined in section eighty-nine-i of this
chapter or is employed in Orleans county as a sheriff, undersheriff,
deputy sheriff or correction officer, as defined in section
eighty-nine-l of this chapter or is employed in Jefferson county as a
sheriff, undersheriff, deputy sheriff or correction officer, as defined
in section eighty-nine-j of this chapter or is employed in Onondaga
county as a deputy sheriff-jail division competitively appointed or as a
correction officer, as defined in section eighty-nine-k of this chapter
or is employed in a county which makes an election under subdivision j
of section eighty-nine-p of this chapter as a sheriff, undersheriff,
deputy sheriff or correction officer as defined in such section eighty-
nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
ty sheriff or correction officer, as defined in section eighty-nine-m of
this chapter or is a Monroe county deputy sheriff-court security, or
deputy sheriff-jailor as defined in section eighty-nine-n, as added by
chapter five hundred ninety-seven of the laws of nineteen hundred nine-
ty-one, of this chapter or is employed in Greene county as a sheriff,
undersheriff, deputy sheriff or correction officer, as defined in
section eighty-nine-o of this chapter or is a traffic officer with the
town of Elmira as defined in section eighty-nine-q of this chapter or is
employed by Suffolk county as a park police officer, as defined in
section eighty-nine-r of this chapter or is a peace officer employed by
a county probation department as defined in section eighty-nine-t, as
added by chapter six hundred three of the laws of nineteen hundred nine-
ty-eight, of this chapter or is employed in Rockland county as a deputy
sheriff-civil as defined in section eighty-nine-v of this chapter as
added by chapter four hundred forty-one of the laws of two thousand one,
or is employed in Rockland county as a superior correction officer as
defined in section eighty-nine-v of this chapter as added by chapter
five hundred fifty-six of the laws of two thousand one or is a paramedic
employed by the police department in the town of Tonawanda and retires
S. 4005--B 123
under the provisions of section eighty-nine-v of this chapter, as added
by chapter four hundred seventy-two of the laws of two thousand one, or
is a county fire marshal, supervising fire marshal, fire marshal,
assistant fire marshal, assistant chief fire marshal [or], chief fire
marshal, DIVISION SUPERVISING FIRE MARSHAL OR FIRE MARSHAL TRAINEE
employed by the county of Nassau as defined in section eighty-nine-w of
this chapter and is in a plan which permits immediate retirement upon
completion of a specified period of service without regard to age.
Except as provided in subdivision c of section four hundred forty-five-a
of this article, subdivision c of section four hundred forty-five-b of
this article, subdivision c of section four hundred forty-five-c of this
article, subdivision c of section four hundred forty-five-d of this
article, subdivision c of section four hundred forty-five-e of this
article, subdivision c of section four hundred forty-five-f of this
article and subdivision c of section four hundred forty-five-h of this
article, a member in such a plan and such an occupation, other than a
police officer or investigator member of the New York city employees'
retirement system or a firefighter, shall not be permitted to retire
prior to the completion of twenty-five years of credited service;
provided, however, if such a member in such an occupation is in a plan
which permits retirement upon completion of twenty years of service
regardless of age, he or she may retire upon completion of twenty years
of credited service and prior to the completion of twenty-five years of
service, but in such event the benefit provided from funds other than
those based on such a member's own contributions shall not exceed two
per centum of final average salary per each year of credited service.
§ 5. The retirement and social security law is amended by adding a new
section 508-c to read as follows:
§ 508-C. DEATH BENEFITS FOR FIRE MARSHALS EMPLOYED BY NASSAU COUNTY.
A. AS USED IN THIS SECTION, THE TERM "FIRE MARSHAL" SHALL MEAN A MEMBER
WHO IS EMPLOYED BY NASSAU COUNTY WITH A TITLE OF COUNTY FIRE MARSHAL,
SUPERVISING FIRE MARSHAL, FIRE MARSHAL, ASSISTANT FIRE MARSHAL, ASSIST-
ANT CHIEF FIRE MARSHAL, CHIEF FIRE MARSHAL, OR DIVISION SUPERVISING FIRE
MARSHAL.
B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A FIRE
MARSHAL WOULD HAVE BEEN ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE
TIME OF HIS OR HER DEATH AND WHERE HIS OR HER DEATH OCCURS ON OR AFTER
THE EFFECTIVE DATE OF THIS SECTION, THE BENEFICIARY OR BENEFICIARIES MAY
ELECT TO RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH SHALL BE EQUAL
TO THE PENSION RESERVE THAT WOULD HAVE BEEN ESTABLISHED HAD THE MEMBER
RETIRED ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF THE DEATH BENE-
FIT AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS
GREATER.
§ 6. Subdivision s of section 603 of the retirement and social securi-
ty law, as added by chapter 295 of the laws of 2007, is amended to read
as follows:
s. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in the
county of Nassau as a county fire marshal, supervising fire marshal,
fire marshal, assistant fire marshal, assistant chief fire marshal [or],
chief fire marshal OR DIVISION SUPERVISING FIRE MARSHAL as defined in
section eighty-nine-w of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
S. 4005--B 124
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller within one year of the effective date of this subdivi-
sion or within one year after entering the employment with such county
upon which eligibility is based, whichever comes later. For the purposes
of this subdivision, the term "creditable service" shall have the mean-
ing as so defined in both sections eighty-nine-w and six hundred one of
this chapter.
§ 7. Subdivision t of section 604 of the retirement and social securi-
ty law, as added by chapter 295 of the laws of 2007, is amended to read
as follows:
t. The early service retirement benefit for a member who is employed
in the county of Nassau as a county fire marshal, supervising fire
marshal, fire marshal, assistant fire marshal, assistant chief fire
marshal [or], chief fire marshal OR DIVISION SUPERVISING FIRE MARSHAL as
defined in section eighty-nine-w of this chapter shall be a pension
equal to one-fiftieth of final average salary times years of credited
service at the completion of twenty-five years of service as such county
fire marshal, supervising fire marshal, fire marshal, assistant fire
marshal, assistant chief fire marshal [or], chief fire marshal OR DIVI-
SION SUPERVISING FIRE MARSHAL, but not exceeding one-half of his or her
final average salary.
§ 8. The opening paragraph of subdivision a and subdivision g of
section 605-d of the retirement and social security law, as added by
chapter 416 of the laws of 2013, are amended to read as follows:
A member employed as a chief fire marshal, assistant CHIEF fire
marshal, division supervising fire marshal, supervising fire marshal,
fire marshal or fire marshal trainee in Nassau county shall be entitled
to an accidental disability retirement allowance if, at the time appli-
cation therefor is filed, such member is:
g. Notwithstanding any other provision of law, this section shall
apply to chief fire marshals, assistant CHIEF fire marshals, division
supervising fire marshals, supervising fire marshals, fire marshals and
fire marshal trainees in Nassau county who were hired on or after July
twenty-seventh, nineteen hundred seventy-six.
§ 9. Section 605-f of the retirement and social security law, as added
by chapter 714 of the laws of 2021, is amended to read as follows:
§ 605-f. Disability benefits; certain disabilities. Notwithstanding
any provision of this chapter or of any general, special or local law to
the contrary, any member who is a COUNTY FIRE MARSHAL, fire marshal,
supervising fire marshal, division supervising fire marshal, assistant
chief fire marshal, chief fire marshal, ASSISTANT FIRE MARSHAL, or fire
marshal trainee employed by Nassau county who contracts any condition of
impairment of health caused by diseases of the heart, resulting in disa-
bility or death to such COUNTY FIRE MARSHAL, fire marshal, supervising
fire marshal, division supervising fire marshal, assistant chief fire
marshal, chief fire marshal, ASSISTANT FIRE MARSHAL, or fire marshal
trainee, presently employed, and who shall have sustained such disabili-
ty while so employed, shall be presumptive evidence that such disability
was incurred in the performance and discharge of duty and the natural
and proximate result of an accident, unless the contrary be proved by
competent evidence; provided, however, that prior to entry into service,
such COUNTY FIRE MARSHAL, fire marshal, supervising fire marshal, divi-
sion supervising fire marshal, assistant chief fire marshal, chief fire
marshal, ASSISTANT FIRE MARSHAL, or fire marshal trainee successfully
S. 4005--B 125
passed a physical examination which failed to disclose evidence of any
disease or other impairment of the heart.
§ 10. The retirement and social security law is amended by adding a
new section 606-c to read as follows:
§ 606-C. DEATH BENEFITS FOR FIRE MARSHALS EMPLOYED BY NASSAU COUNTY.
A. AS USED IN THIS SECTION, THE TERM "FIRE MARSHAL" SHALL MEAN A MEMBER
WHO IS EMPLOYED BY NASSAU COUNTY WITH A TITLE OF COUNTY FIRE MARSHAL,
SUPERVISING FIRE MARSHAL, FIRE MARSHAL, ASSISTANT FIRE MARSHAL, ASSIST-
ANT CHIEF FIRE MARSHAL, CHIEF FIRE MARSHAL, OR DIVISION SUPERVISING FIRE
MARSHAL.
B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A FIRE
MARSHAL WOULD HAVE BEEN ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE
TIME OF HIS OR HER DEATH AND WHERE HIS OR HER DEATH OCCURS ON OR AFTER
THE EFFECTIVE DATE OF THIS SECTION, THE BENEFICIARY OR BENEFICIARIES MAY
ELECT TO RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH SHALL BE EQUAL
TO THE PENSION RESERVE THAT WOULD HAVE BEEN ESTABLISHED HAD THE MEMBER
RETIRED ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF THE DEATH BENE-
FIT AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS
GREATER.
§ 11. Subdivision a of section 607-j of the retirement and social
security law, as added by chapter 524 of the laws of 2021, is amended to
read as follows:
a. The county of Nassau shall make the benefits provided herein avail-
able to COUNTY FIRE MARSHALS, chief fire marshals, assistant chief fire
marshals, division supervising fire marshals, supervising fire marshals,
fire marshals, ASSISTANT FIRE MARSHALS and fire marshal trainees in the
employ of Nassau county.
§ 12. All past service costs associated with implementing the
provisions of this act shall be borne by the county of Nassau and may be
amortized over a period of ten years.
§ 13. Notwithstanding any provision of law to the contrary, none of
the provisions of this act shall be subject to the appropriation
requirement of section twenty-five of the retirement and social security
law.
§ 14. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would modify the in-service death benefit for retirement
eligible members of the New York State and Local Employees' Retirement
System who are employed by Nassau County in certain fire marshal job
titles. The in-service death benefit will be the value of the pension
reserve as if the member had retired on their date of death.
If this bill is enacted during the 2023 legislative session, we antic-
ipate that there will be an increase of approximately $5,400 in the
annual contributions of Nassau County for the fiscal year ending March
31, 2024. In future years, this cost will vary as the billing rates and
salary of the affected members change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $48,700 which will be
borne by Nassau County as a one-time payment. This estimate assumes that
payment will be made on February 1, 2024. If Nassau County elects to
amortize this cost over a 10-year period, the cost for the first year
including interest would be $6,220.
These estimated costs are based on 44 affected members employed by
Nassau County, with annual salary of approximately $5.0 million as of
March 31, 2022.
Summary of relevant resources:
S. 4005--B 126
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes, Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2022
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 31, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-21,
prepared by the Actuary for the New York State and Local Retirement
System.
§ 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 FFF of this act shall
be as specifically set forth in the last section of such Parts.