STATE OF NEW YORK
        ________________________________________________________________________

            S. 7505--A                                            A. 9505--A

                SENATE - ASSEMBLY

                                    January 22, 2020
                                       ___________

        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend chapter 887 of the laws of 1983, amending the correction
          law  relating  to the psychological testing of candidates, in relation
          to the effectiveness thereof; to amend chapter  428  of  the  laws  of
          1999, amending the executive law and the criminal procedure law relat-
          ing  to  expanding the geographic area of employment of certain police
          officers, in relation to extending the expiration of such chapter;  to
          amend 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, in relation to the effectiveness there-
          of; to amend 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, in
          relation to the effectiveness thereof; to amend chapter 55 of the laws
          of 1992, amending the tax  law  and  other  laws  relating  to  taxes,
          surcharges,  fees and funding, in relation to extending the expiration
          of certain provisions of such chapter; to amend  chapter  339  of  the
          laws  of  1972, amending the correction law and the penal law relating
          to inmate work release, furlough and leave, in relation to the  effec-
          tiveness  thereof; to amend chapter 60 of the laws of 1994 relating to
          certain provisions which impact upon expenditure of certain  appropri-
          ations made by chapter 50 of the laws of 1994 enacting the state oper-
          ations  budget,  in  relation  to  the effectiveness thereof; to amend
          chapter 3 of the laws of 1995, amending the correction law  and  other
          laws  relating  to the incarceration fee, in relation to extending the
          expiration of certain provisions of such chapter; to amend chapter  62
          of the laws of 2011, amending the correction law and the executive law
          relating  to merging the department of correctional services and divi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-02-0

        S. 7505--A                          2                         A. 9505--A

          sion of parole into the department of corrections and community super-
          vision, in relation to the effectiveness thereof; to amend chapter 907
          of the laws of 1984, amending the correction law, the  New  York  city
          criminal  court  act and the executive law relating to prison and jail
          housing and alternatives to detention and incarceration  programs,  in
          relation  to  extending  the  expiration of certain provisions of such
          chapter; to amend chapter 166 of the laws of 1991,  amending  the  tax
          law  and  other  laws  relating to taxes, in relation to extending the
          expiration of certain provisions of such chapter; to amend the vehicle
          and traffic law, in relation to extending the expiration of the manda-
          tory surcharge and victim assistance fee; to amend chapter 713 of  the
          laws  of  1988,  amending  the vehicle and traffic law relating to the
          ignition interlock device program, in relation to extending the  expi-
          ration thereof; to amend chapter 435 of the laws of 1997, amending the
          military  law  and  other  laws  relating  to  various  provisions, in
          relation to extending the expiration date of the merit  provisions  of
          the correction law and the penal law of such chapter; to amend chapter
          412 of the laws of 1999, amending the civil practice law and rules and
          the  court  of  claims  act relating to prisoner litigation reform, in
          relation  to  extending  the  expiration  of  the  inmate  filing  fee
          provisions  of the civil practice law and rules and general filing fee
          provision and inmate property claims  exhaustion  requirement  of  the
          court  of claims act of such chapter; to amend chapter 222 of the laws
          of 1994 constituting  the  family  protection  and  domestic  violence
          intervention  act  of 1994, in relation to extending the expiration of
          certain provisions of the criminal procedure law requiring the  arrest
          of certain persons engaged in family violence; to amend chapter 505 of
          the  laws of 1985, amending the criminal procedure law relating to the
          use of closed-circuit television and  other  protective  measures  for
          certain  child  witnesses,  in relation to extending the expiration of
          the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
          ing the sentencing reform act of 1995, in relation  to  extending  the
          expiration of certain provisions of such chapter; to amend chapter 689
          of  the  laws  of 1993 amending the criminal procedure law relating to
          electronic court  appearance  in  certain  counties,  in  relation  to
          extending  the expiration thereof; to amend chapter 688 of the laws of
          2003, amending the executive law relating to enacting  the  interstate
          compact  for adult offender supervision, in relation to the effective-
          ness thereof; to amend chapter 56 of the laws of  2009,  amending  the
          correction law relating to limiting the closing of certain correction-
          al  facilities, providing for the custody by the department of correc-
          tional services of inmates serving definite sentences,  providing  for
          custody  of  federal  prisoners  and  requiring the closing of certain
          correctional facilities, in relation  to  the  effectiveness  of  such
          chapter;  to amend chapter 152 of the laws of 2001, amending the mili-
          tary law relating to military  funds  of  the  organized  militia,  in
          relation  to  the  effectiveness  thereof; to amend chapter 554 of the
          laws of 1986, amending the correction law and the penal  law  relating
          to  providing  for community treatment facilities and establishing the
          crime of absconding from the community treatment facility, in relation
          to the effectiveness thereof; and to amend chapter 55 of the  laws  of
          2018  amending  the  criminal  procedure  law relating to pre-criminal
          proceeding settlements in the city of New York,  in  relation  to  the
          effectiveness  thereof  (Part  A);  to  amend  the  correction law, in
          relation to expanding  the  definition  of  internet  identifiers  and
          establishing criminal personation by a sex offender (Part B); to amend

        S. 7505--A                          3                         A. 9505--A

          the  penal law, in relation to prohibiting the use of the intoxication
          of a victim as defense to a criminal charge for sex crimes  (Part  C);
          to amend section 7 of part Y of chapter 57 of the laws of 2018, amend-
          ing  the  education  law  relating  to  persons  practicing in certain
          licensed programs or services who are exempt  from  practice  require-
          ments  of  professionals  licensed  by the department of education, in
          relation to adding the division of criminal justice  services  to  the
          list of agencies not required to receive a waiver for entities provid-
          ing certain professional services (Part D); to amend the state finance
          law,  in  relation  to  establishing  the  district attorney discovery
          compensation fund;  and  to  amend  the  criminal  procedure  law,  in
          relation  to  monies recovered by county district attorneys before the
          filing of an accusatory  instrument  (Part  E);  in  relation  to  the
          closure of correctional facility; and providing for the repeal of such
          provisions  upon  expiration thereof (Part F); to amend the correction
          law and the executive law, in relation to moving adolescent  offenders
          to  the  office  of  children and family services; to repeal paragraph
          (a-1) of subdivision 4 of section 70.20 of the penal law  and  section
          77  of  the  correction law relating thereto; to repeal paragraphs (a)
          through (e) of section 508 of the executive law relating to a  techni-
          cal  correction;  and  providing  for the repeal of certain provisions
          upon expiration thereof (Part G); to amend the state finance  law,  in
          relation  to  directing the correctional industries program to provide
          services in certain situations (Part H); to  amend  the  tax  law,  in
          relation  to  suspending  the  transfer  of  monies into the emergency
          services revolving loan fund from  the  public  safety  communications
          account  (Part  I); to amend the executive law, in relation to the age
          of appointment for sworn members of the New  York  state  police;  and
          providing  for  the  repeal of such provisions upon expiration thereof
          (Part J); to amend the penal law, in relation to  the  possession  and
          sale  of firearm, rifle, and shotgun components (Part K); to amend the
          executive law, in relation to administrative subpoenas  (Part  L);  to
          amend the criminal procedure law, in relation to establishing the safe
          homes  and  families act (Part M); to amend the penal law, in relation
          to firearm licenses (Part N); to amend the executive law, in  relation
          to  the  reporting  of  firearms (Part O); to amend the mental hygiene
          law, in relation to sharing information  from  mental  health  profes-
          sionals  with  other  states  (Part  P);  to  amend  the penal law, in
          relation to establishing the crime of domestic violence (Part  Q);  to
          amend  the  penal  law  and the criminal procedure law, in relation to
          enacting the "New York Hate Crime Anti-Terrorism  Act"  (Part  R);  to
          amend the civil service law, in relation to reimbursement for medicare
          premium  charges  (Part  S); to amend the civil practice law and rules
          and the state finance law, in relation to the rate of interest  to  be
          paid  on  judgement  and  accrued  claims (Part T); to amend the civil
          service law, in relation to  capping  the  standard  medicare  premium
          charge  (Part  U);  to amend the civil service law, in relation to the
          state's contribution to the cost  of  health  insurance  premiums  for
          future  retirees  of the state and their dependents (Part V); to amend
          the civil service law,  in  relation  to  continuing  to  protect  and
          strengthen  unions (Part W); to amend the state technology law and the
          state finance law, in relation to authorizing comprehensive technology
          service contracts (Part X); to amend the state  finance  law  and  the
          state  technology  law, in relation to defining the term technology to
          include computer information, electronic  information,  interconnected
          systems  and  related material thereto (Part Y); to amend section 1 of

        S. 7505--A                          4                         A. 9505--A

          part S of chapter 56 of the laws of 2010, relating to  establishing  a
          joint  appointing authority for the state financial system project, in
          relation to statewide financial system procurements (Part Z); to amend
          the  public buildings law, in relation to the leasing of real property
          (Part AA); to amend the state  finance  law,  in  relation  to  sexual
          harassment  disclosure  with  respect to state contracts (Part BB); to
          amend the alcoholic beverage control law, in relation  to  creating  a
          higher education institution license (Part CC); to amend the alcoholic
          beverage  control  law, in relation to allowing food that is typically
          found in a motion picture theatre to be deemed in compliance with food
          requirements to serve alcoholic beverages  (Part  DD);  to  amend  the
          alcoholic beverage control law, in relation to tied house restrictions
          (Part EE); to amend the alcoholic beverage control law, in relation to
          establishing the hours during which alcoholic beverages may be sold in
          certain  international  airport property (Part FF); to amend the work-
          ers' compensation law, in relation to diversifying the New York  state
          insurance fund's investment authority (Part GG); to amend the workers'
          compensation  law, in relation to combatting the New York state insur-
          ance fund's surprise premium increases (Part HH); to amend  the  work-
          ers'  compensation  law,  in  relation  to allowing the New York state
          insurance fund to enter into agreement with private insurance  provid-
          ers  to  cover out-of-state work (Part II); to amend the election law,
          in relation to triggering automatic manual recounts in elections  that
          finish  with  a  small margin of victory (Part JJ); to amend the state
          finance law, in relation to video lottery terminal aid (Part  KK);  to
          amend  the general municipal law, in relation to enhancing flexibility
          within the county-wide shared services initiative (Part LL); to  amend
          the  local finance law, in relation to the voting requirements for the
          financial restructuring board for  local  governments  (Part  MM);  to
          amend  the tax law and the public authorities law, in relation to AIM-
          related sales tax payments in the counties of Nassau  and  Erie  (Part
          NN);  to  amend  the  county law, the correction law and the judiciary
          law, in relation to authorizing shared  county  jails  (Part  OO);  to
          amend  the domestic relations law, in relation to consideration of the
          effects of domestic  violence  and  other  acts  on  future  financial
          circumstances  to determine equitable distribution of marital property
          (Part PP); to amend the public authorities law, in relation to  ensur-
          ing  pay  equity  at  state and local public authorities (Part QQ); to
          amend the family court act and the criminal procedure law, in relation
          to orders of protection (Part RR);  to  amend  the  election  law,  in
          relation  to  banning campaign contributions from foreign corporations
          (Part SS); to amend the public officers law and the election  law,  in
          relation  to  requiring  the  disclosure  of  tax  returns for certain
          elected officials and appointed employees  (Part  TT);  to  amend  the
          executive  law and the tax law, in relation to disclosure requirements
          for certain nonprofits (Part UU); to provide for the administration of
          certain funds and accounts related to the 2020-2021 budget,  authoriz-
          ing certain payments and transfers; to amend the state finance law, in
          relation to the administration of certain funds and accounts; to amend
          part D of chapter 389 of the laws of 1997 relating to the financing of
          the  correctional  facilities  improvement fund and the youth facility
          improvement fund, in relation to the  issuance  of  certain  bonds  or
          notes;  to amend part Y of chapter 61 of the laws of 2005, relating to
          providing for the administration of certain funds and accounts related
          to the 2005-2006 budget, in relation to the issuance of certain  bonds
          or  notes;  to  amend  the  public authorities law, in relation to the

        S. 7505--A                          5                         A. 9505--A

          issuance of certain bonds or notes; to amend part K of chapter  81  of
          the  laws  of  2002,  relating  to providing for the administration of
          certain funds  and  accounts  related  to  the  2002-2003  budget,  in
          relation  to  the issuance of certain bonds or notes; to amend the New
          York state medical care facilities finance agency act, in relation  to
          the  issuance  of  certain bonds or notes; to amend the New York state
          urban development corporation act, in  relation  to  the  issuance  of
          certain  bonds  or  notes;  to  amend chapter 329 of the laws of 1991,
          amending the state finance law and other laws relating to  the  estab-
          lishment  of  the dedicated highway and bridge trust fund, in relation
          to the issuance of certain bonds or notes; to amend the public author-
          ities law, in relation to the issuance of certain bonds or  notes;  to
          amend  the  New  York  state  urban  development  corporation  act, in
          relation to the issuance of certain  bonds  or  notes;  to  amend  the
          private  housing finance law, in relation to housing program bonds and
          notes; to amend the state finance law,  in  relation  to  payments  of
          bonds;  to  amend  the civil practice law and rules, in relation to an
          action related to a bond; and providing  for  the  repeal  of  certain
          provisions  upon  expiration thereof (Part VV); and to amend part E of
          chapter 60 of the laws of 2015, establishing a commission on  legisla-
          tive,  judicial  and  executive  compensation,  and  providing for the
          powers and duties of the commission and for  the  dissolution  of  the
          commission, in relation to the powers of the members of the commission
          (Part WW)

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2020-2021
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through WW. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.

    12                                   PART A

    13    Section  1. Section 2 of chapter 887 of the laws of 1983, amending the
    14  correction law relating to the psychological testing of  candidates,  as
    15  amended  by  section  1  of part O of chapter 55 of the laws of 2019, is
    16  amended to read as follows:
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law and shall remain in effect until September 1,
    19  [2020] 2022.
    20    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    21  tive law and the  criminal  procedure  law  relating  to  expanding  the
    22  geographic  area of employment of certain police officers, as amended by
    23  section 2 of part O of chapter 55 of the laws of  2019,  is  amended  to
    24  read as follows:

        S. 7505--A                          6                         A. 9505--A

     1    §  3.  This  act  shall  take effect on the first day of November next
     2  succeeding the date on which it shall  have  become  a  law,  and  shall
     3  remain  in effect until the first day of September, [2020] 2022, when it
     4  shall expire and be deemed repealed.
     5    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
     6  correction law and the penal  law  relating  to  prisoner  furloughs  in
     7  certain  cases  and  the  crime  of  absconding therefrom, as amended by
     8  section 3 of part O of chapter 55 of the laws of  2019,  is  amended  to
     9  read as follows:
    10    §  3.  This act shall take effect 60 days after it shall have become a
    11  law and shall remain in effect until September 1, [2020] 2022.
    12    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    13  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    14  other  chapters and laws relating to correctional facilities, as amended
    15  by section 4 of part O of chapter 55 of the laws of 2019, is amended  to
    16  read as follows:
    17    § 20. This act shall take effect immediately except that section thir-
    18  teen  of  this  act shall expire and be of no further force or effect on
    19  and after September 1, [2020]  2022  and  shall  not  apply  to  persons
    20  committed to the custody of the department after such date, and provided
    21  further  that  the commissioner of corrections and community supervision
    22  shall report each January first and July first during such time  as  the
    23  earned  eligibility  program is in effect, to the chairmen of the senate
    24  crime victims, crime and correction committee, the senate codes  commit-
    25  tee,  the  assembly correction committee, and the assembly codes commit-
    26  tee, the standards in effect for earned  eligibility  during  the  prior
    27  six-month  period,  the  number  of inmates subject to the provisions of
    28  earned eligibility, the number who  actually  received  certificates  of
    29  earned  eligibility  during  that  period of time, the number of inmates
    30  with certificates who are granted parole upon their first  consideration
    31  for  parole,  the  number  with  certificates who are denied parole upon
    32  their first consideration, and the number  of  individuals  granted  and
    33  denied parole who did not have earned eligibility certificates.
    34    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    35  amending  the tax law and other laws relating to taxes, surcharges, fees
    36  and funding, as amended by section 5 of part O of chapter 55 of the laws
    37  of 2019, is amended to read as follows:
    38    (q) the provisions of section two  hundred  eighty-four  of  this  act
    39  shall  remain in effect until September 1, [2020] 2022 and be applicable
    40  to all persons entering the program on or before August 31, [2020] 2022.
    41    § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
    42  correction  law  and  the  penal  law  relating  to inmate work release,
    43  furlough and leave, as amended by section 6 of part O of chapter  55  of
    44  the laws of 2019, is amended to read as follows:
    45    §  10. This act shall take effect 30 days after it shall have become a
    46  law and shall remain in effect  until  September  1,  [2020]  2022,  and
    47  provided  further  that  the commissioner of correctional services shall
    48  report each January first, and July first, to the chairman of the senate
    49  crime victims, crime and correction committee, the senate codes  commit-
    50  tee,  the  assembly correction committee, and the assembly codes commit-
    51  tee, the number of eligible inmates in each facility under  the  custody
    52  and  control  of  the commissioner who have applied for participation in
    53  any program offered under the provisions of work release,  furlough,  or
    54  leave, and the number of such inmates who have been approved for partic-
    55  ipation.

        S. 7505--A                          7                         A. 9505--A

     1    §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
     2  relating to certain provisions which impact upon expenditure of  certain
     3  appropriations  made  by  chapter  50  of the laws of 1994, enacting the
     4  state operations budget, as amended by section 7 of part O of chapter 55
     5  of the laws of 2019, is amended to read as follows:
     6    (c)  sections forty-one and forty-two of this act shall expire Septem-
     7  ber 1, [2020] 2022; provided, that the provisions of  section  forty-two
     8  of  this act shall apply to inmates entering the work release program on
     9  or after such effective date; and
    10    § 8. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
    11  amending the correction law and other laws relating to the incarceration
    12  fee,  as  amended  by  section  8 of part O of chapter 55 of the laws of
    13  2019, is amended to read as follows:
    14    h. Section fifty-two of this act shall be deemed to have been in  full
    15  force and effect on and after April 1, 1995; provided, however, that the
    16  provisions  of  section 189 of the correction law, as amended by section
    17  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
    18  as amended by section fifty-six of this act, and section fifty-seven  of
    19  this  act shall expire September 1, [2020] 2022, when upon such date the
    20  amendments to the correction law and penal law made by  sections  fifty-
    21  five  and  fifty-six  of  this act shall revert to and be read as if the
    22  provisions of this act had not been  enacted;  provided,  however,  that
    23  sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
    24  deemed to have been in full force and effect on and after March 1,  1995
    25  and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
    26  provisions of subsection (e) of section 9110 of the  insurance  law  and
    27  subdivision  2  of section 89-d of the state finance law shall revert to
    28  and be read as set out in law on  the  date  immediately  preceding  the
    29  effective date of sections sixty-two and sixty-three of this act;
    30    §  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
    31  62 of the laws of 2011, amending the correction law  and  the  executive
    32  law  relating  to  merging  the  department of correctional services and
    33  division of parole into the  department  of  corrections  and  community
    34  supervision, as amended by section 9 of part O of chapter 55 of the laws
    35  of 2019, is amended to read as follows:
    36    (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
    37  correction law as added by section thirty-two of this act  shall  remain
    38  in  effect  until  September 1, [2020] 2022, when it shall expire and be
    39  deemed repealed;
    40    § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
    41  1992, amending the tax law and other laws relating to taxes, surcharges,
    42  fees  and  funding,  as amended by section 10 of part O of chapter 55 of
    43  the laws of 2019, is amended to read as follows:
    44    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    45  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    46  expire on September 1, [2020] 2022;
    47    § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
    48  correction  law,  the New York city criminal court act and the executive
    49  law relating to prison and jail housing and  alternatives  to  detention
    50  and  incarceration programs, as amended by section 11 of part O of chap-
    51  ter 55 of the laws of 2019, is amended to read as follows:
    52    § 12.  This  act  shall  take  effect  immediately,  except  that  the
    53  provisions  of sections one through ten of this act shall remain in full
    54  force and effect until September 1, [2020]  2022  on  which  date  those
    55  provisions shall be deemed to be repealed.

        S. 7505--A                          8                         A. 9505--A

     1    §  12.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
     2  1991, amending the tax law and other laws relating to taxes, as  amended
     3  by section 12 of part O of chapter 55 of the laws of 2019, is amended to
     4  read as follows:
     5    (p) The amendments to section 1809 of the vehicle and traffic law made
     6  by sections three hundred thirty-seven and three hundred thirty-eight of
     7  this  act  shall not apply to any offense committed prior to such effec-
     8  tive date; provided, further, that section three  hundred  forty-one  of
     9  this act shall take effect immediately and shall expire November 1, 1993
    10  at  which  time  it  shall  be  deemed  repealed; sections three hundred
    11  forty-five and three hundred forty-six of this  act  shall  take  effect
    12  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
    13  six, three hundred fifty-seven and three hundred fifty-nine of this  act
    14  shall  take  effect immediately and shall expire June 30, 1995 and shall
    15  revert to and be read as if this act had not been enacted; section three
    16  hundred fifty-eight of this act shall take effect immediately and  shall
    17  expire  June 30, 1998 and shall revert to and be read as if this act had
    18  not been enacted; section three hundred sixty-four through three hundred
    19  sixty-seven of this act shall apply to claims filed  on  or  after  such
    20  effective  date; sections three hundred sixty-nine, three hundred seven-
    21  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
    22  hundred  seventy-five  and  three  hundred seventy-six of this act shall
    23  remain in effect until September 1, [2020]  2022,  at  which  time  they
    24  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
    25  surcharge provided in section three hundred  seventy-four  of  this  act
    26  shall  apply  to parking violations occurring on or after said effective
    27  date; and provided further that the amendments made to  section  235  of
    28  the vehicle and traffic law by section three hundred seventy-two of this
    29  act,  the amendments made to section 1809 of the vehicle and traffic law
    30  by sections three hundred thirty-seven and three hundred thirty-eight of
    31  this act and the amendments made to section 215-a of the  labor  law  by
    32  section three hundred seventy-five of this act shall expire on September
    33  1,  [2020]  2022  and upon such date the provisions of such subdivisions
    34  and sections shall revert to and be read as if the  provisions  of  this
    35  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    36  section 400.05 of the penal law made by sections three hundred  seventy-
    37  seven  and  three hundred seventy-eight of this act shall expire on July
    38  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    39  revert  and  shall be read as if the provisions of this act had not been
    40  enacted; the state board of law examiners shall take such action  as  is
    41  necessary to assure that all applicants for examination for admission to
    42  practice  as  an  attorney and counsellor at law shall pay the increased
    43  examination fee provided for by the amendment made to section 465 of the
    44  judiciary law by section three hundred eighty of this act for any  exam-
    45  ination given on or after the effective date of this act notwithstanding
    46  that an applicant for such examination may have prepaid a lesser fee for
    47  such examination as required by the provisions of such section 465 as of
    48  the  date  prior  to  the  effective date of this act; the provisions of
    49  section 306-a of the civil practice law and rules as  added  by  section
    50  three  hundred eighty-one of this act shall apply to all actions pending
    51  on or commenced on or after September 1, 1991, provided,  however,  that
    52  for  the  purposes of this section service of such summons made prior to
    53  such date shall be deemed to have been completed on September  1,  1991;
    54  the  provisions  of section three hundred eighty-three of this act shall
    55  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    56  partially  secured  bail  bond  on or after such effective date; and the

        S. 7505--A                          9                         A. 9505--A

     1  provisions of sections  three  hundred  eighty-four  and  three  hundred
     2  eighty-five  of  this  act  shall  apply  only to jury service commenced
     3  during a judicial term beginning on or after the effective date of  this
     4  act; provided, however, that nothing contained herein shall be deemed to
     5  affect  the  application,  qualification,  expiration  or  repeal of any
     6  provision of law amended by any section of this act and such  provisions
     7  shall  be  applied or qualified or shall expire or be deemed repealed in
     8  the same manner, to the same extent and on the same date as the case may
     9  be as otherwise provided by law;
    10    § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    11  amended by section 13 of part O of chapter 55 of the laws  of  2019,  is
    12  amended to read as follows:
    13    8. The provisions of this section shall only apply to offenses commit-
    14  ted on or before September first, two thousand [twenty] twenty-two.
    15    § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    16  cle  and  traffic law relating to the ignition interlock device program,
    17  as amended by section 14 of part O of chapter 55 of the laws of 2019, is
    18  amended to read as follows:
    19    § 6. This act shall take  effect  on  the  first  day  of  April  next
    20  succeeding  the  date  on  which  it  shall have become a law; provided,
    21  however, that effective immediately, the addition, amendment  or  repeal
    22  of  any rule or regulation necessary for the implementation of the fore-
    23  going sections of this act on their effective  date  is  authorized  and
    24  directed  to  be made and completed on or before such effective date and
    25  shall remain in full force and effect until the first day of  September,
    26  [2020]  2022  when  upon  such  date the provisions of this act shall be
    27  deemed repealed.
    28    § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    29  laws of 1997, amending the military law and other laws relating to vari-
    30  ous provisions, as amended by section 15 of part O of chapter 55 of  the
    31  laws of 2019, is amended to read as follows:
    32    a.  sections  forty-three  through forty-five of this act shall expire
    33  and be deemed repealed on September 1, [2020] 2022;
    34    § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
    35  the civil practice law and rules and the court of claims act relating to
    36  prisoner litigation reform, as amended by section 16 of part O of  chap-
    37  ter 55 of the laws of 2019, is amended to read as follows:
    38    §  4. This act shall take effect 120 days after it shall have become a
    39  law and shall remain in full force and effect until September 1,  [2020]
    40  2022, when upon such date it shall expire.
    41    §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
    42  constituting the family protection and  domestic  violence  intervention
    43  act  of  1994,  as  amended by section 17 of part O of chapter 55 of the
    44  laws of 2019, is amended to read as follows:
    45    2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
    46  added  by  section  thirty-two  of this act shall take effect January 1,
    47  1996 and shall expire and be deemed  repealed  on  September  1,  [2020]
    48  2022.
    49    § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    50  inal  procedure law relating to the use of closed-circuit television and
    51  other protective measures for certain child  witnesses,  as  amended  by
    52  section  18  of  part O of chapter 55 of the laws of 2019, is amended to
    53  read as follows:
    54    § 5. This act shall take effect immediately and  shall  apply  to  all
    55  criminal  actions  and proceedings commenced prior to the effective date
    56  of this act but still pending on such  date  as  well  as  all  criminal

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     1  actions  and  proceedings  commenced on or after such effective date and
     2  its provisions shall expire on  September 1, [2020] 2022, when upon such
     3  date the provisions of this act shall be deemed repealed.
     4    §  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
     5  enacting the sentencing reform act of 1995, as amended by section 19  of
     6  part O of chapter 55 of the laws of 2019, is amended to read as follows:
     7    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
     8  thirty through thirty-nine, forty-two and forty-four of this  act  shall
     9  be deemed repealed on September 1, [2020] 2022;
    10    § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim-
    11  inal  procedure  law  relating to electronic court appearance in certain
    12  counties, as amended by section 20 of part O of chapter 55 of  the  laws
    13  of 2019, is amended to read as follows:
    14    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    15  provisions of this act shall be deemed to have been in  full  force  and
    16  effect  since  July  1, 1992 and the provisions of this act shall expire
    17  September 1, [2020] 2022 when upon such date the provisions of this  act
    18  shall be deemed repealed.
    19    § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    20  utive law relating to enacting the interstate compact for adult offender
    21  supervision,  as  amended  by  section 21 of part O of chapter 55 of the
    22  laws of 2019, is amended to read as follows:
    23    § 3. This act shall take effect immediately, except that  section  one
    24  of  this  act  shall take effect on the first of January next succeeding
    25  the date on which it shall have become a law, and shall remain in effect
    26  until the first of September, [2020] 2022,  upon  which  date  this  act
    27  shall  be deemed repealed and have no further force and effect; provided
    28  that section one of this act shall only take effect with respect to  any
    29  compacting  state  which  has  enacted  an  interstate  compact entitled
    30  "Interstate compact for adult offender supervision" and having an  iden-
    31  tical  effect  to  that  added  by  section one of this act and provided
    32  further that with respect to any such compacting state, upon the  effec-
    33  tive date of section one of this act, section 259-m of the executive law
    34  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    35  added by section one of  this  act,  shall  take  effect;  and  provided
    36  further  that  with respect to any state which has not enacted an inter-
    37  state compact entitled "Interstate compact  for  adult  offender  super-
    38  vision"  and  having an identical effect to that added by section one of
    39  this act, section 259-m of the executive law shall take effect  and  the
    40  provisions  of  section one of this act, with respect to any such state,
    41  shall have no force or effect until such time as such state shall  adopt
    42  an  interstate  compact  entitled "Interstate compact for adult offender
    43  supervision" and having an identical effect to that added by section one
    44  of this act in which case, with respect to such state,  effective  imme-
    45  diately,  section  259-m  of  the  executive  law is deemed repealed and
    46  section 259-mm of the executive law, as added by  section  one  of  this
    47  act, shall take effect.
    48    §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    49  the correction law relating to limiting the closing of  certain  correc-
    50  tional  facilities,  providing  for  the  custody  by  the department of
    51  correctional services of inmates serving definite  sentences,  providing
    52  for  custody  of  federal prisoners and requiring the closing of certain
    53  correctional facilities, as amended by section 22 of part O  of  chapter
    54  55 of the laws of 2019, is amended to read as follows:

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     1    §  8.  This  act shall take effect immediately; provided, however that
     2  sections five and six of this act shall expire and  be  deemed  repealed
     3  September 1, [2020] 2022.
     4    § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending
     5  the military law relating to military funds of the organized militia, as
     6  amended  by  section  23 of part O of chapter 55 of the laws of 2019, is
     7  amended to read as follows:
     8    § 3. This act shall take effect immediately; provided however that the
     9  amendments made to subdivision 1 of section 221 of the military  law  by
    10  section two of this act shall expire and be deemed repealed September 1,
    11  [2020] 2022.
    12    §  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
    13  correction law and the penal law relating  to  providing  for  community
    14  treatment  facilities  and establishing the crime of absconding from the
    15  community treatment facility, as amended by section  24  of  part  O  of
    16  chapter 55 of the laws of 2019, is amended to read as follows:
    17    §  5.  This act shall take effect immediately and shall remain in full
    18  force and effect until September 1, [2020] 2022,  and  provided  further
    19  that the commissioner of correctional services shall report each January
    20  first  and July first during such time as this legislation is in effect,
    21  to the chairmen of  the  senate  crime  victims,  crime  and  correction
    22  committee,  the  senate codes committee, the assembly correction commit-
    23  tee, and the assembly codes committee, the number of individuals who are
    24  released to community treatment facilities during the previous six-month
    25  period, including the total number for each date at  each  facility  who
    26  are  not residing within the facility, but who are required to report to
    27  the facility on a daily or less frequent basis.
    28    § 25. Section 2 of part F of chapter 55 of the laws of 2018,  amending
    29  the  criminal  procedure law relating to pre-criminal proceeding settle-
    30  ments in the city of New York, as amended by section 25  of  part  O  of
    31  chapter 55 of the laws of 2019, is amended to read as follows:
    32    §  2.  This act shall take effect immediately and shall remain in full
    33  force and effect until March 31, [2020] 2022, when it shall  expire  and
    34  be deemed repealed.
    35    §  26.  This  act shall take effect immediately, provided however that
    36  section twenty-five of this act shall be deemed to  have  been  in  full
    37  force and effect on and after March 31, 2020.

    38                                   PART B

    39    Section  1.  Subdivision 16 of section 168-a of the correction law, as
    40  added by chapter 67 of the laws of 2008, is amended to read as follows:
    41    16. "Authorized internet entity" means any business,  organization  or
    42  other  entity  providing  or  offering a service over the internet which
    43  permits persons [under eighteen years of age] to access,  meet,  congre-
    44  gate  or communicate with other users for the purpose of social network-
    45  ing.  This definition shall not include general e-mail services.
    46    Section 2. Subdivision 18 of section 168-a of the correction  law,  as
    47  added by chapter 67 of the laws of 2008, is amended to read as follows:
    48    18. "Internet identifiers" means [electronic mail addresses and desig-
    49  nations  used  for  the  purposes  of  chat,  instant  messaging, social
    50  networking or other similar internet communication] (a)  person-specific
    51  designations,  including  but  not limited to electronic mail addresses,
    52  phone numbers, account names, user names, screen names and gaming  tags,
    53  as well as aliases used for the purposes of chatting, messaging, gaming,
    54  dating,  networking, social media, file sharing, information sharing, or

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     1  other internet communication or contact and (b) the  name  or  names  of
     2  internet  applications,  or other downloadable applications intended for
     3  use on a mobile device, sites, platforms or other  software  where  such
     4  person-specific  designations  or  aliases  are  used to engage in chat,
     5  messaging, gaming,  dating,  networking,  social  media,  file  sharing,
     6  information sharing, or other internet communication or contact.
     7    §  3.  Subdivision 10 of section 168-b of the correction law, as added
     8  by chapter 67 of the laws of 2008, is amended to read as follows:
     9    10. The division shall, upon the request of  any  authorized  internet
    10  entity,  release  to  such entity internet identifiers that would enable
    11  such entity to prescreen or remove sex offenders from its  services  or,
    12  in  conformity with state and federal law, advise law enforcement and/or
    13  other governmental  entities  of  potential  violations  of  law  and/or
    14  threats  to public safety. Before releasing any information the division
    15  shall require an authorized internet entity  that  requests  information
    16  from  the registry to submit to the division the name, address and tele-
    17  phone number of such entity and the specific legal nature and  corporate
    18  status  of such entity. Except for the purposes specified in this subdi-
    19  vision, an authorized internet entity shall not publish or  in  any  way
    20  disclose  or  redisclose  any information provided to it by the division
    21  pursuant to this subdivision.  An authorized internet entity or internet
    22  access provider shall review the information provided  by  the  division
    23  pursuant  to  this  section. Such authorized internet entity or internet
    24  access provider shall develop policies regarding the use of such  infor-
    25  mation  and  publicly  release such policies to its users, in accordance
    26  with rules and regulations promulgated by the division pursuant to  this
    27  subdivision. The division may charge an authorized internet entity a fee
    28  for  access  to registered internet identifiers requested by such entity
    29  pursuant to this subdivision.  The division shall promulgate  rules  and
    30  regulations relating to procedures for the release of information in the
    31  registry,  including but not limited to, the disclosure and redisclosure
    32  of such information, and the imposition of any fees, and rules and regu-
    33  lations relating to criteria required for the policies to  be  developed
    34  by authorized internet entities and internet access providers.
    35    § 4. Section 168-w of the correction law, as relettered by chapter 604
    36  of the laws of 2005, is relettered section 168-x and a new section 168-w
    37  is added to read as follows:
    38    § 168-w. Criminal personation by a sex offender. 1. A person is guilty
    39  of criminal personation by a sex offender when, being required to regis-
    40  ter  or  verify under the provisions of this article, he or she, for the
    41  purpose of engaging in  chat,  messaging,  gaming,  dating,  networking,
    42  social  media,  file  sharing,  information  sharing,  or other internet
    43  communication or contact, knowingly  misrepresents  his  or  her  actual
    44  name,  gender,  date  of  birth, address, or status as a sex offender to
    45  another person, with the intent  to  defraud,  deceive  or  injure  such
    46  person or another person.
    47    2.  Any sex offender required to register or to verify pursuant to the
    48  provisions of this article who commits the crime of criminal personation
    49  by a sex offender as defined in subdivision one of this section shall be
    50  guilty of a class E felony upon conviction for the  first  offense,  and
    51  upon  conviction for a second or subsequent offense shall be guilty of a
    52  class D felony. The commission of such offense shall also be  the  basis
    53  for revocation of parole pursuant to section two hundred fifty-nine-i of
    54  the  executive  law or the basis for revocation of probation pursuant to
    55  article four hundred ten of the criminal procedure law.
    56    § 5. This act shall take effect immediately.

        S. 7505--A                         13                         A. 9505--A

     1                                   PART C

     2    Section 1. Subdivision 6 of section 130.00 of the penal law is amended
     3  to read as follows:
     4    6.  "Mentally incapacitated" means that a person is rendered temporar-
     5  ily incapable of appraising or controlling his or her conduct  owing  to
     6  the  influence  of  a narcotic or intoxicating substance administered to
     7  him or her without his or her consent, or to  any  other  act  committed
     8  upon him or her without his or her consent.
     9    §  2.  Paragraph  (d)  of subdivision 2 of section 130.05 of the penal
    10  law, as amended by chapter 40 of the laws of 2004, is amended and a  new
    11  paragraph (e) is added to read as follows:
    12    (d)  Where  the  offense  charged  is  sexual misconduct as defined in
    13  subdivisions one and two of section 130.20, rape in the third degree  as
    14  defined  in  subdivision three of section 130.25, or criminal sexual act
    15  in the third degree as defined in subdivision three of  section  130.40,
    16  in  addition  to  forcible compulsion, circumstances under which, at the
    17  time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
    18  conduct,  the victim clearly expressed that he or she did not consent to
    19  engage in such act, and a reasonable person  in  the  actor's  situation
    20  would  have  understood such person's words and acts as an expression of
    21  lack of consent to such act under all the circumstances[.]; or
    22    (e) Where the offense charged  is  sexual  misconduct  as  defined  in
    23  subdivisions  one and two of section 130.20, rape in the third degree as
    24  defined in subdivision three of section 130.25, or criminal  sexual  act
    25  in  the  third degree as defined in subdivision three of section 130.40,
    26  in addition to forcible compulsion, circumstances under  which,  at  the
    27  time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
    28  conduct, the victim is under the influence of any drug,  intoxicant,  or
    29  other  substance  to  a  degree which renders that person unable to give
    30  knowing and voluntary consent and that condition is known or  reasonably
    31  should be known to a person in the actor's situation.
    32    §  3.  Subdivision  4  of section 130.35 of the penal law, as added by
    33  chapter 1 of the laws of 2000, is amended and a  new  subdivision  5  is
    34  added to read as follows:
    35    4. Who is less than thirteen years old and the actor is eighteen years
    36  old or more[.]; or
    37    5.  Who  is incapable of consent by reason of being mentally incapaci-
    38  tated as defined in subdivision six of section 130.00  of  this  article
    39  and  such incapacitation is due in part to the conduct of the actor, and
    40  the actor intended to cause such incapacitation.
    41    § 4. Subdivision 4 of section 130.50 of the penal law, as  amended  by
    42  chapter  264  of the laws of 2003, is amended and a new subdivision 5 is
    43  added to read as follows:
    44    4. Who is less than thirteen years old and the actor is eighteen years
    45  old or more[.]; or
    46    5. Who is incapable of consent by reason of being  mentally  incapaci-
    47  tated  as  defined  in subdivision six of section 130.00 of this article
    48  and such incapacitation is due in part to the conduct of the actor,  and
    49  the actor intended to cause such incapacitation.
    50    § 5. This act shall take effect on the one hundred eightieth day after
    51  it shall have become a law.

    52                                   PART D

        S. 7505--A                         14                         A. 9505--A

     1    Section  1.  Section  7  of  part Y of chapter 57 of the laws of 2018,
     2  amending the education law relating to  persons  practicing  in  certain
     3  licensed  programs or services who are exempt from practice requirements
     4  of professionals licensed by the department of education, is amended  to
     5  read as follows:
     6    § 7. Programs and services operated, regulated, funded, or approved by
     7  the  department  of  mental  hygiene,  the office of children and family
     8  services, the department of corrections and community  supervision,  the
     9  office  of temporary and disability assistance, the state office for the
    10  aging [and], the department of health,  and  the  division  of  criminal
    11  justice  services or a local governmental unit as the term is defined in
    12  section 41.03 of the mental hygiene law or a social services district as
    13  defined in section 61 of the social services law shall not  be  required
    14  to receive a waiver pursuant to section 6503-a of the education law and,
    15  further,  such  programs  and  services  shall  also be considered to be
    16  approved settings for the  receipt  of  supervised  experience  for  the
    17  professions governed by articles 153, 154 and 163 of the education law.
    18    § 2. This act shall take effect immediately.

    19                                   PART E

    20    Section  1.  The  state finance law is amended by adding a new section
    21  99-hh to read as follows:
    22    § 99-hh. District attorney discovery compensation fund.   1. There  is
    23  hereby established in the joint custody of the state comptroller and the
    24  commissioner  of taxation and finance a fund to be known as the district
    25  attorney discovery compensation fund.
    26    2. (a) Such fund shall consist of two million dollars  upon  immediate
    27  transfer from funds secured by payments associated with state sanctioned
    28  deferred  prosecution  agreements  currently  held  on  deposit with the
    29  office of the Manhattan district attorney.
    30    (b) The office of the Manhattan district attorney shall annually remit
    31  two million dollars of  future  state  sanctioned  deferred  prosecution
    32  agreement  funds  which have been secured by January first of the subse-
    33  quent year. If two million  dollars  in  future  funding  has  not  been
    34  secured,  the  office  of the Manhattan district attorney shall transfer
    35  two million dollars from funds secured by payments associated with state
    36  sanctioned deferred prosecution agreements  currently  held  on  deposit
    37  with the office of the Manhattan district attorney by January first.
    38    3.  Monies  of  the  district  attorney  discovery  compensation fund,
    39  following appropriation by the legislature and allocation by the  direc-
    40  tor of the budget, shall be made available for local assistance services
    41  and expenses related to digital evidence transmission technology.
    42    §  2. Section 95.00 of the criminal procedure law, as added by section
    43  1 of part F of chapter 55 of the laws of 2018, is  amended  to  read  as
    44  follows:
    45  § 95.00 Pre-criminal proceeding settlement.
    46    When  a  county district attorney of a county located in a city of one
    47  million or more recovers monies  before  the  filing  of  an  accusatory
    48  instrument  as  defined in subdivision one of section 1.20 of this chap-
    49  ter, after injured parties  have  been  appropriately  compensated,  the
    50  district  attorney's  office  shall retain a percentage of the remaining
    51  such monies in recognition that such monies were recovered as  a  result
    52  of investigations undertaken by such office. For each recovery the total
    53  amount  of  such monies to be retained by the county district attorney's
    54  office shall equal ten percent of the first twenty-five million  dollars

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     1  received  by such office, plus seven and one-half percent of such monies
     2  received by such office in excess of  twenty-five  million  dollars  but
     3  less  than  fifty  million dollars, plus five percent of any such monies
     4  received by such office in excess of fifty million dollars but less than
     5  one hundred million dollars, plus one percent of such monies received by
     6  such  office  in excess of one hundred million dollars. The remainder of
     7  such monies shall be paid by the district attorney's office to the state
     8  and to the county in equal amounts within thirty days of receipt,  where
     9  disposition  of  such  monies is not otherwise prescribed by law. Monies
    10  distributed to a county district  attorney's  office  pursuant  to  this
    11  section  shall  be  used  to  enhance law enforcement efforts within the
    12  state of New York. On December first of each year, every district attor-
    13  ney shall provide the governor, temporary president of  the  senate  and
    14  speaker of the assembly with an annual report detailing the total amount
    15  of  monies  received  as  described herein by his or her office [and], a
    16  description of how and where such funds, and  an  itemization  of  funds
    17  received  in  the  previous  ten  years,  were distributed by his or her
    18  office but shall not include a description of the distribution of monies
    19  where the disclosure of such information  would  interfere  with  a  law
    20  enforcement  investigation  or  a  judicial  proceeding, and the current
    21  total balance of monies held on deposit for  state  sanctioned  deferred
    22  prosecution  agreements. The report shall include a detailed description
    23  of any entity to which funds are distributed, including but not  limited
    24  to,  whether  it  is  a  profit  or  not-for-profit  entity, where it is
    25  located, and the intended use of the monies distributed, and shall state
    26  the law enforcement purpose.
    27    § 3. This act shall take effect immediately; provided,  however,  that
    28  the  amendments  to  section 95.00 of the criminal procedure law made by
    29  section two of this act shall not affect the repeal of such section  and
    30  shall be deemed repealed therewith.

    31                                   PART F

    32    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
    33  the  correction  law,  the  governor is authorized to close correctional
    34  facilities of the department of corrections and  community  supervision,
    35  in the state fiscal year 2020-2021, as he determines to be necessary for
    36  the  cost-effective  and efficient operation of the correctional system,
    37  provided that the governor provides at least 90 days notice prior to any
    38  such closures to the temporary president of the senate and  the  speaker
    39  of the assembly.
    40    §  2.  This  act  shall take effect immediately and shall be deemed to
    41  have been in full force and effect on and after April 1, 2020 and  shall
    42  expire and be deemed repealed March 31, 2021.

    43                                   PART G

    44    Section  1.  Paragraph  (a-1) of subdivision 4 of section 70.20 of the
    45  penal law is REPEALED.
    46    § 2. Section 77 of the correction law is REPEALED.
    47    § 3. The correction law is amended by adding a new section 80 to  read
    48  as follows:
    49    §  80. Transfer of adolescents from the department. The department and
    50  the office of children and family services  shall  jointly  establish  a
    51  transition  plan  and protocol to be used in transferring custody of all
    52  adolescent offenders and individuals under the age of eighteen from  the

        S. 7505--A                         16                         A. 9505--A

     1  custody  of  the department to the custody of the office of children and
     2  family services on or before October first,  two  thousand  twenty.  The
     3  plan  and protocol shall be completed on or before July first, two thou-
     4  sand twenty.
     5    § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508
     6  of the executive law, the section heading as added by chapter 481 of the
     7  laws  of  1978,  subdivision  1 as amended by chapter 738 of the laws of
     8  2004, subdivisions 2, 7 and 8 as amended by section 82 of  part  WWW  of
     9  chapter 59 of the laws of 2017 and such section as renumbered by chapter
    10  465 of the laws of 1992, are amended to read as follows:
    11    Juvenile offender and adolescent offender facilities. 1. The office of
    12  children  and  family  services shall maintain secure facilities for the
    13  care and confinement of  juvenile  offenders  and  adolescent  offenders
    14  committed  for  [an  indeterminate,  determinate or definite] a sentence
    15  pursuant to the sentencing provisions of the penal law. Such  facilities
    16  shall  provide appropriate services to juvenile offenders and adolescent
    17  offenders including but not limited to residential care, educational and
    18  vocational training, physical and mental health services, and employment
    19  counseling.
    20    2. Juvenile offenders and adolescent offenders shall  be  confined  in
    21  such  facilities  until  the  age of twenty-one in accordance with their
    22  sentences, and shall not  be  released,  discharged  or  permitted  home
    23  visits except pursuant to the provisions of this section.
    24    7. While in the custody of the office of children and family services,
    25  an offender shall be subject to the rules and regulations of the office,
    26  except  that his or her parole, temporary release and discharge shall be
    27  governed by the laws applicable to inmates of state correctional facili-
    28  ties and his or her transfer to state hospitals in the office of  mental
    29  health  shall be governed by section five hundred nine of this [chapter]
    30  article; provided, however, that  an  otherwise  eligible  offender  may
    31  receive  the  six-month  limited  credit  time  allowance for successful
    32  participation in one or more programs developed by the office  of  chil-
    33  dren  and  family services that are comparable to the programs set forth
    34  in section eight hundred three-b of  the  correction  law,  taking  into
    35  consideration  the  age  of offenders. The commissioner of the office of
    36  children and family  services  shall,  however,  establish  and  operate
    37  temporary  release  programs  at  office of children and family services
    38  facilities for eligible juvenile offenders and adolescent offenders  and
    39  contract  with  the  department of corrections and community supervision
    40  for the provision of parole supervision services for  temporary  releas-
    41  ees.  The  rules  and regulations for these programs shall not be incon-
    42  sistent with the laws for temporary release  applicable  to  inmates  of
    43  state  correctional  facilities.  For  the purposes of temporary release
    44  programs for juvenile offenders  and  adolescent  offenders  only,  when
    45  referred  to  or  defined  in  article twenty-six of the correction law,
    46  "institution" shall mean any facility designated by the commissioner  of
    47  the  office of children and family services, "department" shall mean the
    48  office of children and family services, "inmate" shall mean  a  juvenile
    49  offender  or  adolescent  offender residing in an office of children and
    50  family services facility, and "commissioner" shall mean the commissioner
    51  of the office of children and family services. Time spent in  office  of
    52  children and family services facilities and in juvenile detention facil-
    53  ities  shall be credited towards the sentence imposed in the same manner
    54  and to the same extent  applicable  to  inmates  of  state  correctional
    55  facilities.

        S. 7505--A                         17                         A. 9505--A

     1    8.  Whenever  a  juvenile  offender, adolescent offender or a juvenile
     2  offender or adolescent offender adjudicated a youthful offender shall be
     3  delivered to the director of an office of children and  family  services
     4  facility  pursuant  to a commitment to the office of children and family
     5  services,  the  officer  so delivering such person shall deliver to such
     6  facility director a certified copy of  the  sentence  received  by  such
     7  officer from the clerk of the court by which such person shall have been
     8  sentenced, a copy of the report of the probation officer's investigation
     9  and  report,  any  other  pre-sentence memoranda filed with the court, a
    10  copy of the person's fingerprint records, a detailed summary  of  avail-
    11  able  medical  records,  psychiatric  records  and  reports  relating to
    12  assaults, or other violent acts, attempts at suicide or  escape  by  the
    13  person while in the custody of a local detention facility.
    14    § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section
    15  508 of the executive law are REPEALED.
    16    § 6. This act shall take effect immediately; provided that:
    17    a. sections one and four of this act shall take effect on the sixtieth
    18  day  after  this  act  shall  have  become a law and the changes made by
    19  section one shall apply to sentences ordered pursuant to  section  70.20
    20  of the penal law on or after the effective date;
    21    b. section two of this act shall take effect October 1, 2020; and
    22    c.  section  three  of this act shall expire October 1, 2021 when upon
    23  such date the provisions of  such  section  shall  be  deemed  repealed.
    24  Effective immediately, the addition, amendment and/or repeal of any rule
    25  or regulation necessary for the implementation of this act on its effec-
    26  tive  date  are  authorized  to  be made and completed on or before such
    27  effective date.

    28                                   PART H

    29    Section 1. Paragraph a of subdivision 2 of section 162  of  the  state
    30  finance law, as amended by section 164 of subpart B of part C of chapter
    31  62 of the laws of 2011, is amended to read as follows:
    32    a.  Commodities  and  services produced by the correctional industries
    33  program of the department of corrections and community  supervision  and
    34  provided to the state pursuant to subdivision two of section one hundred
    35  eighty-four of the correction law;
    36    § 2. Subparagraph (iii) of paragraph b of subdivision 4 of section 162
    37  of the state finance law, as amended by chapter 430 of the laws of 1997,
    38  is amended and a new subparagraph (iv) is added to read as follows:
    39    (iii) if, within ten days of the notification required by subparagraph
    40  (i)  of this paragraph, no preferred source or facilitating entity iden-
    41  tified in paragraph e of  subdivision  six  of  this  section  indicates
    42  intent  to  provide  the service, [then the service shall be procured in
    43  accordance with section one hundred sixty-three  of  this  article.  If,
    44  after  such  period,  a  preferred  source elects to bid on the service,
    45  award shall be made in accordance with section one  hundred  sixty-three
    46  of this article or as otherwise provided by law] state agencies or poli-
    47  tical  subdivisions  or  public  benefit  corporations  having their own
    48  purchasing agency shall make reasonable efforts to provide  a  notifica-
    49  tion  describing  their  requirements  to  the  correctional  industries
    50  program of the department of corrections and community supervision,  and
    51  if  the correctional industries program of the department of corrections
    52  and community supervision provides a notice of  intent  to  provide  the
    53  service  in  the  form,  function  and  utility  required, at a price in
    54  accordance with the price provisions set forth herein, then the  service

        S. 7505--A                         18                         A. 9505--A

     1  shall  be  purchased  from  the  correctional  industries program of the
     2  department of corrections and community supervision.
     3    (iv)  if, within ten days of the notification required by subparagraph
     4  (iii) of this paragraph, the  correctional  industries  program  of  the
     5  department  of  corrections  and community supervision does not indicate
     6  intent to provide the service, then the service  shall  be  procured  in
     7  accordance  with  section  one  hundred sixty-three of this article. If,
     8  after such period, a preferred source elects  to  bid  on  the  service,
     9  award  shall  be made in accordance with section one hundred sixty-three
    10  of this article or as otherwise provided by law.
    11    § 3. The opening paragraph of subdivision 5  of  section  162  of  the
    12  state  finance  law, as amended by section 164 of subpart B of part C of
    13  chapter 62 of the laws of 2011, is amended to read as follows:
    14    The prices to be charged for commodities and services produced by  the
    15  correctional  industries  program  of  the department of corrections and
    16  community supervision  shall  be  established  by  the  commissioner  of
    17  corrections  and  community  supervision  in accordance with section one
    18  hundred eighty-six of the correction law.
    19    § 4. This act shall take effect immediately.

    20                                   PART I

    21    Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
    22  law,  as  amended  by  section  1 of part M of chapter 55 of the laws of
    23  2018, is amended to read as follows:
    24    (b) The sum of one million  five  hundred  thousand  dollars  must  be
    25  deposited into the New York state emergency services revolving loan fund
    26  annually;  provided,  however, that such sums shall not be deposited for
    27  state fiscal years two thousand eleven--two thousand twelve,  two  thou-
    28  sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
    29  fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
    30  sixteen--two  thousand  seventeen,  two thousand seventeen--two thousand
    31  eighteen, two thousand eighteen--two thousand nineteen [and], two  thou-
    32  sand  nineteen--two  thousand  twenty, two thousand twenty--two thousand
    33  twenty-one and two thousand twenty-one--two thousand twenty-two;
    34    § 2. This act shall take effect April 1, 2020.

    35                                   PART J

    36    Section 1. Subdivision 3 of section  215  of  the  executive  law,  as
    37  amended  by  chapter  478  of  the  laws  of 2004, is amended to read as
    38  follows:
    39    3. The sworn members of the New York state police shall  be  appointed
    40  by  the  superintendent  and  permanent appointees may be removed by the
    41  superintendent only after a hearing. No person shall be appointed to the
    42  New York state police force as a sworn member unless he or she shall  be
    43  a citizen of the United States, between the ages of twenty-one and twen-
    44  ty-nine  years except that in the superintendent's discretion, the maxi-
    45  mum age may be extended to thirty-five years.   The  superintendent  may
    46  waive  the  maximum  age  for  appointment in the case of any individual
    47  employed by the office of parks, recreation and historic preservation as
    48  a police officer, as defined in section 1.20 of the  criminal  procedure
    49  law,  who  is  appointed to the New York state police as a result of the
    50  New York state police assuming the law enforcement  responsibilities  of
    51  that  state  agency.  Notwithstanding  any other provision of law or any
    52  general or special law to the contrary the time spent on military  duty,

        S. 7505--A                         19                         A. 9505--A

     1  not exceeding a total of [six] seven years, shall be subtracted from the
     2  age  of  any  applicant who has passed his or her twenty-ninth birthday,
     3  solely for the purpose of permitting qualification as to age and for  no
     4  other  purpose.  Such  limitations  as to age however shall not apply to
     5  persons appointed to the positions of counsel, first assistant  counsel,
     6  assistant  counsel,  and  assistant  deputy  superintendent for employee
     7  relations nor to any person appointed to the bureau of criminal investi-
     8  gation pursuant to section two hundred sixteen of this article nor shall
     9  any person be appointed unless he or she  has  fitness  and  good  moral
    10  character  and shall have passed a physical and mental examination based
    11  upon standards provided by the rules and regulations of the  superinten-
    12  dent. Appointments shall be made for a probationary period which, in the
    13  case  of  appointees  required  to  attend and complete a basic training
    14  program at the state police  academy,  shall  include  such  time  spent
    15  attending  the  basic  school  and  terminate  one year after successful
    16  completion thereof. All other sworn members shall be subject to a proba-
    17  tionary period of one year  from  the  date  of  appointment.  Following
    18  satisfactory completion of the probationary period the member shall be a
    19  permanent  appointee.  Voluntary  resignation or withdrawal from the New
    20  York state police during such appointment  shall  be  submitted  to  the
    21  superintendent  for  approval.    Reasonable  time  shall be required to
    22  account for all equipment issued or for  debts  or  obligations  to  the
    23  state  to  be  satisfied.  Resignation  or  withdrawal from the division
    24  during a time of emergency, so declared by the governor,  shall  not  be
    25  approved  if  contrary  to the best interest of the state and shall be a
    26  misdemeanor. No sworn member removed from  the  New  York  state  police
    27  shall be eligible for reappointment. The superintendent shall make rules
    28  and  regulations  subject to approval by the governor for the discipline
    29  and control of the New York state police and  for  the  examination  and
    30  qualifications of applicants for appointment as members thereto and such
    31  examinations  shall  be held and conducted by the superintendent subject
    32  to such rules and  regulations.  The  superintendent  is  authorized  to
    33  charge  a  fee  of  twenty  dollars as an application fee for any person
    34  applying to take a competitive examination for the position of  trooper,
    35  and a fee of five dollars for any competitive examination for a civilian
    36  position. The superintendent shall promulgate regulations subject to the
    37  approval  of  the director of the budget, to provide for a waiver of the
    38  application fee when the fee would cause an unreasonable hardship on the
    39  applicant and to establish a fee schedule and charge fees for the use of
    40  state police facilities.
    41    § 2. This act shall take effect immediately; provided,  however,  that
    42  the amendments to subdivision 3 of section 215 of the executive law made
    43  by  section one of this act shall expire and be deemed repealed April 1,
    44  2023.

    45                                   PART K

    46    Section 1. Section 265.00 of the penal law is amended by adding a  new
    47  subdivision 31 to read as follows:
    48    31.  "Unfinished frame or receiver" means a piece of any material that
    49  does not constitute the frame or receiver of a firearm, rifle, or  shot-
    50  gun,  but  that  has been shaped or formed in any way for the purpose of
    51  becoming the frame or receiver of a firearm,  rifle,  or  shotgun.  Such
    52  term  shall  not  include  a  piece of material that has had its size or
    53  external shape altered to facilitate transportation or  storage  or  has
    54  had its chemical composition altered.

        S. 7505--A                         20                         A. 9505--A

     1    §  2.  Subdivision  10 of section 265.02 of the penal law, as added by
     2  chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
     3  added to read as follows:
     4    (10)  Such  person  possesses an unloaded firearm and also commits any
     5  violent felony offense as defined in subdivision one of section 70.02 of
     6  this chapter as part of the same criminal transaction[.]; or
     7    (11) Such person possesses a major component of a firearm,  rifle,  or
     8  shotgun,  or an unfinished frame or receiver, and such person is prohib-
     9  ited from possessing a shotgun or rifle pursuant to: (i)  this  article;
    10  (ii)  subsection  (g)  of  section  922 of title 18 of the United States
    11  Code; or (iii) a temporary or final extreme risk protection order issued
    12  under article sixty-three-A of the civil practice law and rules.
    13    § 3. The penal law is amended by adding a new section 400.04  to  read
    14  as follows:
    15  § 400.04 Sale or transfer of firearm, rifle, or shotgun components.
    16    1. No commercial transfer of a major component of a firearm, rifle, or
    17  shotgun,  or  an unfinished frame or receiver, shall take place unless a
    18  dealer in firearms that is validly licensed pursuant to  section  400.00
    19  of  this  article  or section 923 of title 18 of the United States Code,
    20  acts as an intermediary between the transferor and the  ultimate  trans-
    21  feree  of  such  major  component  or unfinished frame or receiver. Such
    22  transfer between the dealer and transferee must occur in  person.  Prior
    23  to completing a transfer pursuant to this section the dealer in firearms
    24  must  verify  the  identity of the transferee by examining a valid state
    25  identification document of the transferee issued by  the  department  of
    26  motor  vehicles or, if such transferee is not a resident of the state of
    27  New York, a valid identification document issued  by  such  transferee's
    28  state  or country of residence containing a photograph of such transfer-
    29  ee.
    30    2. Every dealer in firearms shall keep a record book and enter at  the
    31  time of every transaction involving the transfer of a major component of
    32  a  firearm,  rifle,  or shotgun, or an unfinished frame or receiver, the
    33  date, name, age, and residence of any person to whom such  major  compo-
    34  nent or unfinished frame or receiver is delivered, and, in the case of a
    35  receiver  or  a  frame of a firearm, rifle, or shotgun, or an unfinished
    36  frame or receiver, the serial number engraved, cast or  stamped  thereon
    37  or,  if  none,  the  serial  number  assigned to the unfinished frame or
    38  receiver pursuant to this section.
    39    3. No dealer in firearms may complete  a  transfer  pursuant  to  this
    40  section  unless  (i) the frame or receiver of a firearm, rifle, or shot-
    41  gun, or unfinished frame or receiver, is conspicuously  engraved,  cast,
    42  or stamped with a unique serial number, or (ii) in the case of an unfin-
    43  ished  frame  or  receiver  that  lacks such a unique serial number, the
    44  dealer in firearms first requests and obtains a unique serial number for
    45  each unfinished frame or receiver pursuant to subdivision four  of  this
    46  section and provides the unique serial number assigned to the unfinished
    47  frame or receiver to the transferee.
    48    4.  Upon the request of a dealer in firearms made pursuant to subdivi-
    49  sion three of this section, the division of state police shall  issue  a
    50  unique serial number for each unfinished frame or receiver, transmit the
    51  serial  number  to  the requesting dealer, and maintain a record of each
    52  serial number issued, the date of issuance,  and  the  identity  of  the
    53  requesting dealer.
    54    5.  Every  transferee  taking  possession  of  an  unfinished frame or
    55  receiver shall ensure that the unique serial  number  assigned  to  such
    56  unfinished frame or receiver pursuant to this section is permanently and

        S. 7505--A                         21                         A. 9505--A

     1  conspicuously  engraved,  cast,  or stamped upon the unfinished frame or
     2  receiver in a manner that meets or exceeds the requirements  imposed  on
     3  licensed  importers  and  licensed manufacturers of firearms pursuant to
     4  subsection  (i) of section 923 of title 18 of the United States Code and
     5  regulations issued  pursuant  thereto,  within  thirty  days  of  taking
     6  possession of such unfinished frame or receiver.
     7    6.  Any  person  not a validly licensed dealer in firearms pursuant to
     8  section 400.00 of this article or section 923 of title 18 of the  United
     9  States  Code  who violates subdivision one or five of this section shall
    10  be guilty of a class D felony.  Any  dealer  in  firearms  who  violates
    11  subdivision three of this section shall be guilty of a class B misdemea-
    12  nor  and any license of such dealer issued pursuant to section 400.00 of
    13  this article shall be revoked.  Any  dealer  in  firearms  who  violates
    14  subdivision  one  or  two of this section, for a first offense, shall be
    15  guilty of a violation and subject to the fine of  one  thousand  dollars
    16  and  for  a second offense, shall be guilty of a class B misdemeanor and
    17  any license of such dealer issued pursuant to  section  400.00  of  this
    18  article shall be revoked.
    19    § 4. This act shall take effect on the first of November next succeed-
    20  ing the date upon which it shall have become a law.

    21                                   PART L

    22    Section  1. The executive law is amended by adding a new section 216-e
    23  to read as follows:
    24    § 216-e.  Subpoena  authority  for  investigations  of  online  sexual
    25  offenses  against  minors.  1.  Except as provided in subdivision two of
    26  this section, in any investigation where a minor is a  potential  victim
    27  of  any  offense  specified  in articles two hundred thirty, two hundred
    28  thirty-five, or two hundred sixty-three  of  the  penal  law,  and  upon
    29  reasonable  cause  to believe that an internet service account or online
    30  identifier has been used in the commission of such offense,  the  super-
    31  intendent  of  the  state  police and/or the superintendent's authorized
    32  designee shall have the authority to issue in writing and  cause  to  be
    33  served  an  administrative  subpoena requiring the production of records
    34  and testimony relevant to the investigation of such  offense,  including
    35  the  following  information  related to the subscriber or customer of an
    36  internet service account or online identifier:
    37    (a) Name;
    38    (b) Internet username;
    39    (c) Billing and service address;
    40    (d) Electronic mail address;
    41    (e) Internet protocol address;
    42    (f) Telephone number of account holder;
    43    (g) Method of access to the internet;
    44    (h) Local and long distance telephone connection records,  or  records
    45  of session times and durations;
    46    (i) Telephone or instrument number or other subscriber number or iden-
    47  tity, including any temporarily assigned network address;
    48    (j) Account status;
    49    (k)  Length  of  service,  including  start date, and types of service
    50  utilized;
    51    (l) Means and source of payment for such service, including any credit
    52  card or bank account number.
    53    2. The following information shall not be subject to disclosure pursu-
    54  ant to an administrative subpoena issued under this section:

        S. 7505--A                         22                         A. 9505--A

     1    (a) The contents of stored or in-transit electronic communications;
     2    (b)  Account memberships related to internet groups, newsgroups, mail-
     3  ing lists, or specific areas of interest;
     4    (c) Account passwords; and
     5    (d) Account content, including electronic mail in  any  form,  address
     6  books,  contacts, financial records, web surfing history, internet proxy
     7  content, and files or other digital documents stored with the account or
     8  pursuant to use of the account.
     9    § 2. This act shall take effect on the thirtieth day  after  it  shall
    10  have become a law.

    11                                   PART M

    12    Section 1. This act shall be known and may be cited as the "safe homes
    13  and families act".
    14    § 2. Section 140.10 of the criminal procedure law is amended by adding
    15  a new subdivision 6 to read as follows:
    16    6.  (a)  A police officer who responds to a report of a family offense
    17  as defined in section 530.11 of this chapter and section  eight  hundred
    18  twelve  of  the  family court act may, in the interest of public safety,
    19  take temporary custody of any firearm, rifle, electronic dart gun, elec-
    20  tronic stun gun,  disguised  gun,  imitation  weapon,  shotgun,  antique
    21  firearm,  black  powder  rifle,  black powder shotgun, or muzzle-loading
    22  firearm that is in plain sight or is discovered  pursuant  to  a  lawful
    23  search,  and  shall take temporary custody of any such weapon that is in
    24  the possession of any person arrested for the commission of such  family
    25  offense  or suspected of its commission. An officer who takes custody of
    26  any weapon pursuant to this paragraph shall also  take  custody  of  any
    27  license  to carry, possess, repair, and dispose of such weapon issued to
    28  the person arrested or suspected of such  family  offense.  The  officer
    29  shall deliver such weapon and/or license to the appropriate law enforce-
    30  ment  officer as provided in subparagraph (f) of paragraph one of subdi-
    31  vision a of section 265.20 of the penal law.
    32    (b) Upon taking custody of weapons or a license described in paragraph
    33  (a) of this subdivision, the responding officer shall give the owner  or
    34  person  in  possession  of  such weapons or license a receipt describing
    35  such weapons and/or license and indicating any identification or  serial
    36  number  on  such  weapons. Such receipt shall indicate where the weapons
    37  and/or license can be recovered and describe the  process  for  recovery
    38  provided in paragraph (d) of this subdivision.
    39    (c)  A  weapon  described in paragraph (a) of this subdivision that is
    40  utilized in the commission of an offense, that is unlawfully  possessed,
    41  or  that a court orders to be surrendered pursuant to subdivision two or
    42  subdivision three of section eight hundred  forty-two-a  of  the  family
    43  court act shall be declared a nuisance as provided in subdivision one of
    44  section  400.05  of  the  penal law and either disposed of in the manner
    45  described in subdivision two or  retained  as  provided  in  subdivision
    46  three of section 400.05 of the penal law.
    47    (d)  A  firearm  or  other  weapon  described in paragraph (a) of this
    48  subdivision which is taken into temporary custody and which has not been
    49  declared a nuisance pursuant to paragraph (c) of this subdivision, shall
    50  be retained for a period not to exceed one year. Prior to the expiration
    51  of such time period, but  no  less  than  forty-eight  hours  after  the
    52  firearm or weapon was taken into temporary custody, the owner shall have
    53  the right to reclaim the item or arrange for the sale or transfer of the
    54  item.  Nothing  in  this subdivision authorizes the return of a firearm,

        S. 7505--A                         23                         A. 9505--A

     1  rifle or shotgun to a person who is not authorized to possess a firearm,
     2  rifle or shotgun.
     3    § 3. Section 140.10 of the criminal procedure law is amended by adding
     4  a new subdivision 7 to read as follows:
     5    7.  (a)  Upon  investigating  a  report  of a crime or offense between
     6  members of the same family or household as such  terms  are  defined  in
     7  section  530.11  of this chapter and section eight hundred twelve of the
     8  family court act, a law enforcement officer may, in the interest of  the
     9  safety  of  members  of  the same family or household or other person or
    10  persons, take temporary custody of any firearm, rifle or shotgun or  any
    11  other  weapon  that  is  in  plain  sight or is discovered pursuant to a
    12  lawful search.
    13    (b) Upon taking custody of any firearm, rifle or shotgun or any  other
    14  weapon  described in paragraph (a) of this subdivision, the law enforce-
    15  ment officer shall provide the owner or any other adult residing on  the
    16  premises with a receipt describing the items taken into temporary custo-
    17  dy and shall provide instructions for claiming the items.
    18    (c)  A  weapon  described in paragraph (a) of this subdivision that is
    19  used in the commission of an offense or is unlawfully possessed shall be
    20  declared a nuisance as provided in subdivision one of section 400.05  of
    21  the penal law and either disposed of in the manner described in subdivi-
    22  sion  two or retained as provided in subdivision three of section 400.05
    23  of the penal law.
    24    (d) A firearm or other weapon which is taken  into  temporary  custody
    25  and  which has not been declared a nuisance pursuant to paragraph (c) of
    26  this subdivision, shall be retained for a period not to exceed one year.
    27  Prior to the expiration of such time period, the owner of the item shall
    28  have the right to reclaim the item or arrange for the sale  or  transfer
    29  of  the  item.    Nothing in this subdivision authorizes the return of a
    30  firearm, rifle or shotgun to a person who is not authorized to possess a
    31  firearm, rifle or shotgun.
    32    § 4. The section heading and paragraphs (a) and (b) of  subdivision  1
    33  of  section  530.14 of the criminal procedure law, as amended by chapter
    34  60 of the laws of 2018, are amended and a new paragraph (c) is added  to
    35  read as follows:
    36    Suspension  and  revocation  of a license to carry, possess, repair or
    37  dispose of a firearm or firearms pursuant to section 400.00 of the penal
    38  law and ineligibility for such a license; order to  surrender  firearms;
    39  order to seize firearms.
    40    (a) the court shall suspend any such existing license possessed by the
    41  defendant,  order  the defendant ineligible for such a license and order
    42  the immediate surrender of any or  all  firearms,  rifles  and  shotguns
    43  owned  or  possessed where the court receives information that gives the
    44  court good  cause  to  believe  that  (i)  the  defendant  has  a  prior
    45  conviction  of any violent felony offense as defined in section 70.02 of
    46  the penal law; (ii) the defendant has  previously  been  found  to  have
    47  willfully  failed  to  obey a prior order of protection and such willful
    48  failure involved (A) the infliction of physical injury,  as  defined  in
    49  subdivision  nine  of  section  10.00  of  the penal law, (B) the use or
    50  threatened use of a deadly weapon or dangerous instrument as those terms
    51  are defined in subdivisions twelve and thirteen of section 10.00 of  the
    52  penal  law,  or  (C) behavior constituting any violent felony offense as
    53  defined in section 70.02 of the penal law; or (iii) the defendant has  a
    54  prior  conviction for stalking in the first degree as defined in section
    55  120.60 of the penal law, stalking in the second  degree  as  defined  in
    56  section 120.55 of the penal law, stalking in the third degree as defined

        S. 7505--A                         24                         A. 9505--A

     1  in  section  120.50 of the penal law or stalking in the fourth degree as
     2  defined in section 120.45 of such law; [and]
     3    (b)  the court shall where the court finds a substantial risk that the
     4  defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
     5  fully  against  the person or persons for whose protection the temporary
     6  order of  protection  is  issued,  suspend  any  such  existing  license
     7  possessed  by  the  defendant, order the defendant ineligible for such a
     8  license and order the immediate surrender pursuant to  subparagraph  (f)
     9  of  paragraph one of subdivision a of section 265.20 and subdivision six
    10  of section 400.05 of the penal law, of any or all firearms,  rifles  and
    11  shotguns owned or possessed[.]; and
    12    (c)  the  court may where the defendant willfully refuses to surrender
    13  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    14  this  subdivision,  or  for  other good cause shown, order the immediate
    15  seizure of such firearm, rifle or shotgun, and search therefor, consist-
    16  ent with such rights as the defendant may derive from  this  article  or
    17  the constitution of this state or the United States.
    18    §  5. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the
    19  criminal procedure law, as amended by chapter 60 of the  laws  of  2018,
    20  are amended and a new paragraph (c) is added to read as follows:
    21    (a)  the court shall revoke any such existing license possessed by the
    22  defendant, order the defendant ineligible for such a license  and  order
    23  the  immediate  surrender  of  any  or all firearms, rifles and shotguns
    24  owned or possessed where such action is required by  section  400.00  of
    25  the penal law; [and]
    26    (b)  the court shall where the court finds a substantial risk that the
    27  defendant may use or threaten to use a firearm, [rifles] rifle or [shot-
    28  guns] shotgun  unlawfully  against  the  person  or  persons  for  whose
    29  protection the order of protection is issued, (i) revoke any such exist-
    30  ing  license  possessed by the defendant, order the defendant ineligible
    31  for such a license and order the  immediate  surrender  of  any  or  all
    32  firearms,  rifles  and  shotguns  owned  or possessed or (ii) suspend or
    33  continue to suspend any such existing license possessed by  the  defend-
    34  ant,  order  the  defendant  ineligible for such a license and order the
    35  immediate surrender pursuant to subparagraph (f)  of  paragraph  one  of
    36  subdivision a of section 265.20 and subdivision six of section 400.05 of
    37  the  penal  law,  of  any  or all firearms, rifles and shotguns owned or
    38  possessed[.]; and
    39    (c) the court may where the defendant willfully refuses  to  surrender
    40  such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
    41  this subdivision, or for other good cause  shown,  order  the  immediate
    42  seizure of such firearm, rifle or shotgun, and search therefor, consist-
    43  ent  with  such  rights as the defendant may derive from this article or
    44  the constitution of this state or the United States.
    45    § 6. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of  the
    46  criminal  procedure  law,  as amended by chapter 60 of the laws of 2018,
    47  are amended and a new paragraph (c) is added to read as follows:
    48    (a) the court shall revoke any such existing license possessed by  the
    49  defendant,  order  the defendant ineligible for such a license and order
    50  the immediate surrender of any or  all  firearms,  rifles  and  shotguns
    51  owned or possessed where the willful failure to obey such order involved
    52  (i) the infliction of physical injury, as defined in subdivision nine of
    53  section  10.00  of  the  penal  law, (ii) the use or threatened use of a
    54  deadly weapon or dangerous instrument as  those  terms  are  defined  in
    55  subdivisions  twelve  and  thirteen  of  section 10.00 of the penal law,
    56  (iii) behavior constituting any violent felony  offense  as  defined  in

        S. 7505--A                         25                         A. 9505--A

     1  section  70.02  of the penal law; or (iv) behavior constituting stalking
     2  in the first degree as defined in  section  120.60  of  the  penal  law,
     3  stalking  in the second degree as defined in section 120.55 of the penal
     4  law,  stalking  in  the third degree as defined in section 120.50 of the
     5  penal law or stalking in the fourth degree as defined in section  120.45
     6  of such law; [and]
     7    (b)  the court shall where the court finds a substantial risk that the
     8  defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
     9  fully  against  the  person or persons for whose protection the order of
    10  protection was issued, (i) revoke any such existing license possessed by
    11  the defendant, order the defendant ineligible for  such  a  license  and
    12  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    13  one of subdivision a of section 265.20 and subdivision  six  of  section
    14  400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
    15  owned or possessed or (ii) suspend any such existing  license  possessed
    16  by  the defendant, order the defendant ineligible for such a license and
    17  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    18  one  of  subdivision  a of section 265.20 and subdivision six of section
    19  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
    20  owned or possessed[.]; and
    21    (c)  the  court may where the defendant willfully refuses to surrender
    22  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    23  this  subdivision,  or  for  other good cause shown, order the immediate
    24  seizure of such firearm, rifle or shotgun, and search therefor, consist-
    25  ent with such rights as the defendant may derive from  this  article  or
    26  the constitution of this state or the United States.
    27    §  7. Subdivisions 6 and 7 of section 530.14 of the criminal procedure
    28  law, as amended by chapter 60 of the laws of 2018, are amended  to  read
    29  as follows:
    30    6. Notice. (a) Where an order requiring surrender, revocation, suspen-
    31  sion, seizure or ineligibility has been issued pursuant to this section,
    32  any  temporary  order  of protection or order of protection issued shall
    33  state that such firearm license has been suspended or  revoked  or  that
    34  the  defendant  is  ineligible for such license, as the case may be, and
    35  that the defendant is prohibited from possessing any firearm,  rifle  or
    36  shotgun.
    37    (b) The court revoking or suspending the license, ordering the defend-
    38  ant  ineligible for such a license, or ordering the surrender or seizure
    39  of any firearm, rifle or  shotgun  shall  immediately  notify  the  duly
    40  constituted  police  authorities  of the locality concerning such action
    41  and, in the case  of  orders  of  protection  and  temporary  orders  of
    42  protection  issued  pursuant  to  section  530.12 of this article, shall
    43  immediately notify the statewide registry of orders of protection.
    44    (c) The court revoking or  suspending  the  license  or  ordering  the
    45  defendant ineligible for such a license shall give written notice there-
    46  of  without  unnecessary  delay  to  the division of state police at its
    47  office in the city of Albany.
    48    (d) Where an order  of  revocation,  suspension,  ineligibility  [or],
    49  surrender or seizure is modified or vacated, the court shall immediately
    50  notify  the  statewide  registry  of  orders  of protection and the duly
    51  constituted police authorities of the locality  concerning  such  action
    52  and  shall  give written notice thereof without unnecessary delay to the
    53  division of state police at its office in the city of Albany.
    54    7. Hearing. The defendant shall have the right to a hearing before the
    55  court regarding any revocation, suspension, ineligibility [or],  surren-
    56  der  or  seizure  order  issued  pursuant to this section, provided that

        S. 7505--A                         26                         A. 9505--A

     1  nothing in this subdivision shall preclude the court  from  issuing  any
     2  such  order prior to a hearing. Where the court has issued such an order
     3  prior to a hearing, it shall commence such hearing within fourteen  days
     4  of the date such order was issued.
     5    §  8.  The section heading and paragraphs (a) and (b) of subdivision 1
     6  of section 842-a of the family court act, as amended by  chapter  60  of
     7  the  laws  of 2018, are amended and a new paragraph (c) is added to read
     8  as follows:
     9    Suspension and revocation of a license to carry,  possess,  repair  or
    10  dispose of a firearm or firearms pursuant to section 400.00 of the penal
    11  law  and  ineligibility for such a license; order to surrender firearms;
    12  order to seize firearms.
    13    (a) the court shall suspend any such existing license possessed by the
    14  respondent, order the respondent ineligible  for  such  a  license,  and
    15  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    16  one of subdivision a of section 265.20 and subdivision  six  of  section
    17  400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
    18  owned or possessed where the court receives information that  gives  the
    19  court  good  cause  to  believe  that:  (i)  the  respondent has a prior
    20  conviction of any violent felony offense as defined in section 70.02  of
    21  the  penal  law;  (ii)  the respondent has previously been found to have
    22  willfully failed to obey a prior order of protection  and  such  willful
    23  failure  involved  (A)  the infliction of physical injury, as defined in
    24  subdivision nine of section 10.00 of the  penal  law,  (B)  the  use  or
    25  threatened use of a deadly weapon or dangerous instrument as those terms
    26  are  defined in subdivisions twelve and thirteen of section 10.00 of the
    27  penal law, or (C) behavior constituting any violent  felony  offense  as
    28  defined in section 70.02 of the penal law; or (iii) the respondent has a
    29  prior  conviction for stalking in the first degree as defined in section
    30  120.60 of the penal law, stalking in the second  degree  as  defined  in
    31  section 120.55 of the penal law, stalking in the third degree as defined
    32  in  section  120.50 of the penal law or stalking in the fourth degree as
    33  defined in section 120.45 of such law; [and]
    34    (b) the court shall where the court finds a substantial risk that  the
    35  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    36  fully  against  the person or persons for whose protection the temporary
    37  order of  protection  is  issued,  suspend  any  such  existing  license
    38  possessed  by the respondent, order the respondent ineligible for such a
    39  license, and order the immediate surrender pursuant to subparagraph  (f)
    40  of  paragraph one of subdivision a of section 265.20 and subdivision six
    41  of section 400.05 of the penal law, of any or all firearms,  rifles  and
    42  shotguns owned or possessed[.]; and
    43    (c)  the  court may where the defendant willfully refuses to surrender
    44  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    45  this  subdivision,  or  for  other good cause shown, order the immediate
    46  seizure of such firearm, rifle or shotgun, and search therefor, consist-
    47  ent with such rights as the defendant may derive from  this  article  or
    48  the constitution of this state or the United States.
    49    §  9.  Paragraphs (a) and (b) of subdivision 2 of section 842-a of the
    50  family court act, as amended by chapter 60 of  the  laws  of  2018,  are
    51  amended and a new paragraph (c) is added to read as follows:
    52    (a)  the court shall revoke any such existing license possessed by the
    53  respondent, order the respondent ineligible  for  such  a  license,  and
    54  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    55  one of subdivision a of section 265.20 and subdivision  six  of  section
    56  400.05  of  the  penal  law, of any or all firearms, rifles and shotguns

        S. 7505--A                         27                         A. 9505--A

     1  owned or possessed where the court finds that the conduct which resulted
     2  in the issuance of the order of protection involved (i)  the  infliction
     3  of  physical  injury, as defined in subdivision nine of section 10.00 of
     4  the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
     5  dangerous instrument as those terms are defined in  subdivisions  twelve
     6  and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
     7  constituting any violent felony offense as defined in section  70.02  of
     8  the penal law; [and]
     9    (b) the court shall, where the court finds a substantial risk that the
    10  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    11  fully  against  the  person or persons for whose protection the order of
    12  protection is issued, (i) revoke any such existing license possessed  by
    13  the  respondent,  order the respondent ineligible for such a license and
    14  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    15  one  of  subdivision  a of section 265.20 and subdivision six of section
    16  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
    17  owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
    18  existing license possessed by the respondent, order the respondent inel-
    19  igible for such a license, and order the immediate surrender pursuant to
    20  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
    21  subdivision six of section 400.05 of  the  penal  law,  of  any  or  all
    22  firearms, rifles and shotguns owned or possessed[.]; and
    23    (c)  the  court may where the defendant willfully refuses to surrender
    24  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    25  this  subdivision,  or  for  other good cause shown, order the immediate
    26  seizure of such firearm, rifle or shotgun, and search therefor, consist-
    27  ent with such rights as the defendant may derive from  this  article  or
    28  the constitution of this state or the United States.
    29    §  10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the
    30  family court act, as amended by chapter 60 of  the  laws  of  2018,  are
    31  amended and a new paragraph (c) is added to read as follows:
    32    (a)  the court shall revoke any such existing license possessed by the
    33  respondent, order the respondent ineligible  for  such  a  license,  and
    34  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    35  one of subdivision a of section 265.20 and subdivision  six  of  section
    36  400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
    37  owned or possessed where the willful failure to obey such order involves
    38  (i) the infliction of physical injury, as defined in subdivision nine of
    39  section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
    40  deadly  weapon  or  dangerous  instrument  as those terms are defined in
    41  subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
    42  (iii)  behavior  constituting  any  violent felony offense as defined in
    43  section 70.02 of the penal law; or (iv) behavior  constituting  stalking
    44  in  the  first  degree  as  defined  in section 120.60 of the penal law,
    45  stalking in the second degree as defined in section 120.55 of the  penal
    46  law,  stalking  in  the third degree as defined in section 120.50 of the
    47  penal law or stalking in the fourth degree as defined in section  120.45
    48  of such law; [and]
    49    (b)  the court shall where the court finds a substantial risk that the
    50  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    51  fully against the person or persons for whose protection  the  order  of
    52  protection was issued, (i) revoke any such existing license possessed by
    53  the  respondent,  order  the  respondent  ineligible for such a license,
    54  whether or not the respondent possesses such a license,  and  order  the
    55  immediate  surrender  pursuant  to  subparagraph (f) of paragraph one of
    56  subdivision a of section 265.20 and subdivision six of section 400.05 of

        S. 7505--A                         28                         A. 9505--A

     1  the penal law, of any or all firearms,  rifles  and  shotguns  owned  or
     2  possessed  or  (ii)  suspend  any such existing license possessed by the
     3  respondent, order the respondent ineligible  for  such  a  license,  and
     4  order  the  immediate surrender of any or all firearms, rifles and shot-
     5  guns owned or possessed[.]; and
     6    (c) the court may where the defendant willfully refuses  to  surrender
     7  such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
     8  this subdivision, or for other good cause  shown,  order  the  immediate
     9  seizure of such firearm, rifle or shotgun, and search therefor, consist-
    10  ent  with  such  rights as the defendant may derive from this article or
    11  the constitution of this state or the United States.
    12    § 11. Subdivisions 6 and 7 of section 842-a of the family  court  act,
    13  as  amended  by  chapter  60 of the laws of 2018, are amended to read as
    14  follows:
    15    6. Notice. (a) Where an order requiring surrender, revocation, suspen-
    16  sion, seizure or ineligibility has been issued pursuant to this section,
    17  any temporary order of protection or order of  protection  issued  shall
    18  state  that  such  firearm license has been suspended or revoked or that
    19  the respondent is ineligible for such license, as the case may  be,  and
    20  that the defendant is prohibited from possessing any firearms, rifles or
    21  shotguns.
    22    (b)  The  court  revoking  or  suspending  the  license,  ordering the
    23  respondent ineligible for such license, or  ordering  the  surrender  or
    24  seizure  of any firearm, rifles or shotguns shall immediately notify the
    25  statewide registry of orders of  protection  and  the  duly  constituted
    26  police authorities of the locality of such action.
    27    (c)  The  court  revoking  or  suspending  the license or ordering the
    28  defendant ineligible for such license shall give written notice  thereof
    29  without  unnecessary delay to the division of state police at its office
    30  in the city of Albany.
    31    (d) Where an order  of  revocation,  suspension,  ineligibility,  [or]
    32  surrender, or seizure is modified or vacated, the court shall immediate-
    33  ly  notify  the  statewide registry of orders of protection and the duly
    34  constituted police authorities of the locality  concerning  such  action
    35  and  shall  give written notice thereof without unnecessary delay to the
    36  division of state police at its office in the city of Albany.
    37    7. Hearing. The respondent shall have the right to  a  hearing  before
    38  the  court  regarding  any  revocation,  suspension, ineligibility [or],
    39  surrender or seizure order issued pursuant  to  this  section,  provided
    40  that  nothing  in this subdivision shall preclude the court from issuing
    41  any such order prior to a hearing. Where the court has  issued  such  an
    42  order prior to a hearing, it shall commence such hearing within fourteen
    43  days of the date such order was issued.
    44    §  12.  This  act  shall  take  effect  on  the first of November next
    45  succeeding the date on which it shall have become a law.

    46                                   PART N

    47    Section 1. Subdivision 17 of section 265.00 of the penal law, as added
    48  by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter
    49  264 of the laws of 2003, paragraph (b) as separately amended by sections
    50  2 and 3 of chapter 232 of the laws of 2010, and paragraph (c)  as  added
    51  by chapter 60 of the laws of 2018, is amended to read as follows:
    52    17. "Serious offense" means (a) [any of the following offenses defined
    53  in  the  former  penal  law  as in force and effect immediately prior to
    54  September first, nineteen hundred sixty-seven: illegally using, carrying

        S. 7505--A                         29                         A. 9505--A

     1  or possessing a pistol or other dangerous weapon; making  or  possessing
     2  burglar's  instruments;  buying  or  receiving stolen property; unlawful
     3  entry of a building; aiding escape from prison; that kind of  disorderly
     4  conduct  defined  in subdivisions six and eight of section seven hundred
     5  twenty-two of such former penal law; violations of sections four hundred
     6  eighty-three, four hundred eighty-three-b,  four  hundred  eighty-four-h
     7  and article one hundred six of such former penal law; that kind of crim-
     8  inal sexual act or rape which was designated as a misdemeanor; violation
     9  of  section seventeen hundred forty-seven-d and seventeen hundred forty-
    10  seven-e of such former penal law; any  violation  of  any  provision  of
    11  article thirty-three of the public health law relating to narcotic drugs
    12  which  was  defined as a misdemeanor by section seventeen hundred fifty-
    13  one-a of such former penal law, and any violation of  any  provision  of
    14  article  thirty-three-A  of the public health law relating to depressant
    15  and stimulant drugs which was defined as a misdemeanor by section seven-
    16  teen hundred forty-seven-b of such former penal law.
    17    (b)] any of the following offenses defined in the  current  penal  law
    18  and  any  offense  in  any  jurisdiction  or  the  former penal law that
    19  includes all of the essential elements of any of the following offenses:
    20  illegally using, carrying or possessing  a  pistol  or  other  dangerous
    21  weapon;  possession  of  burglar's  tools; criminal possession of stolen
    22  property in the third degree; escape  in  the  third  degree;  jostling;
    23  fraudulent  accosting; endangering the welfare of a child; [the offenses
    24  defined in article two hundred  thirty-five;]  obscenity  in  the  third
    25  degree;  issuing abortional articles; permitting prostitution; promoting
    26  prostitution in the third degree; stalking in the fourth degree;  stalk-
    27  ing  in  the  third degree; [the offenses defined in article one hundred
    28  thirty; the offenses defined  in  article  two  hundred  twenty]  sexual
    29  misconduct;  forcible touching; sexual abuse in the third degree; sexual
    30  abuse  in  the  second  degree;  criminal  possession  of  a  controlled
    31  substance  in  the  seventh  degree;  criminally possessing a hypodermic
    32  instrument; criminally using drug paraphernalia in  the  second  degree;
    33  criminal  possession  of  methamphetamine  manufacturing material in the
    34  second degree; and a hate crime defined in article four hundred  eighty-
    35  five of this chapter.
    36    [(b) any of the following offenses defined in the penal law: illegally
    37  using,  carrying  or  possessing  a  pistol  or  other dangerous weapon;
    38  possession of burglar's tools; criminal possession of stolen property in
    39  the third degree; escape  in  the  third  degree;  jostling;  fraudulent
    40  accosting;  endangering  the welfare of a child; the offenses defined in
    41  article two hundred thirty-five; issuing abortional articles; permitting
    42  prostitution; promoting prostitution in the third  degree;  stalking  in
    43  the third degree; stalking in the fourth degree; the offenses defined in
    44  article  one hundred thirty; the offenses defined in article two hundred
    45  twenty.
    46    (c)] (b) any of the following offenses defined in  the  current  penal
    47  law  and any offense in any jurisdiction or in the former penal law that
    48  includes all of the essential elements of any of the following offenses,
    49  where the defendant and the person against whom the offense was  commit-
    50  ted  were members of the same family or household as defined in subdivi-
    51  sion one of section 530.11 of the criminal procedure law [and as  estab-
    52  lished  pursuant  to  section  370.15  of  the  criminal procedure law]:
    53  assault in the third degree; menacing in the third degree;  menacing  in
    54  the  second  degree;  criminal  obstruction of breathing or blood circu-
    55  lation; unlawful imprisonment in the  second  degree;  coercion  in  the
    56  third  degree; criminal tampering in the third degree; criminal contempt

        S. 7505--A                         30                         A. 9505--A

     1  in the second degree; harassment in the first degree; aggravated harass-
     2  ment in the second degree; criminal trespass in the third degree; crimi-
     3  nal trespass in the second degree; arson in the fifth degree; or attempt
     4  to commit any of the above-listed offenses.
     5    (c) any misdemeanor offense in any jurisdiction or in the former penal
     6  law  that  includes all of the essential elements of a felony offense as
     7  defined in the current penal law.
     8    § 2. Section 400.00 of the penal law is amended by adding a new subdi-
     9  vision 1-a to read as follows:
    10    1-a. For purposes of subdivision one of this section, serious  offense
    11  shall  include  an  offense  in any jurisdiction or the former penal law
    12  that includes all of the essential elements  of  a  serious  offense  as
    13  defined  by  subdivision  seventeen  of  section 265.00 of this chapter.
    14  Nothing in this subdivision shall preclude the denial of a license based
    15  on the commission of, arrest for or conviction  of  an  offense  in  any
    16  other  jurisdiction which does not include all of the essential elements
    17  of a serious offense.
    18    § 3. This act shall take effect on the first of November next succeed-
    19  ing the date upon which it shall have become a law.

    20                                   PART O

    21    Section 1. Subdivisions 4 and 5 of section 230 of the  executive  law,
    22  as  added  by chapter 189 of the laws of 2000, are amended and three new
    23  subdivisions 6, 7, and 8 are added to read as follows:
    24    4. The superintendent of the division of state police shall  establish
    25  and  maintain  within  the  division  a  criminal gun clearinghouse as a
    26  central repository of information regarding all guns seized,  forfeited,
    27  found  or otherwise coming into the possession of any state or local law
    28  enforcement agency which are believed to have been used in  the  commis-
    29  sion  of  a  crime.  The  superintendent of the division of state police
    30  shall adopt and promulgate regulations prescribing reporting  procedures
    31  for such state or local law enforcement agencies, including the form for
    32  reporting  such  information. In addition to any other information which
    33  the superintendent of the division of state police may require, the form
    34  shall require (a) the serial number or other identifying information  on
    35  the  gun,  if available and (b) a brief description of the circumstances
    36  under which the gun came into the  possession  of  the  law  enforcement
    37  agency,  including  the  crime which was or may have been committed with
    38  the gun. Whenever a state or local  law  enforcement  agency  seizes  or
    39  recovers  a  gun  that  was unlawfully possessed, recovered from a crime
    40  scene, or is reasonably believed to have been used in or associated with
    41  the commission of a crime, or is otherwise recovered as an abandoned  or
    42  discarded  gun,  the agency shall report such seized or recovered gun to
    43  the criminal gun clearinghouse as soon as practicable, but  in  no  case
    44  more  than  twenty-four  hours  after the agency has taken possession of
    45  such gun. Every report made  to  the  criminal  gun  clearinghouse  will
    46  result  in  the  prompt  submission of a request to the national tracing
    47  center of the bureau of alcohol, tobacco,  firearms  and  explosives  to
    48  trace    the movement of the subject gun and such federal agency will be
    49  requested to provide the results of such a trace to  the  superintendent
    50  of  the  division of state police and to the law enforcement agency that
    51  submitted the clearinghouse report.
    52    5. [In any case where a state or local law enforcement agency investi-
    53  gates the commission of a crime in this state  and  a  specific  gun  is
    54  known  to  have  been  used  in  such  crime, such agency shall submit a

        S. 7505--A                         31                         A. 9505--A

     1  request to the national tracing center of the United  States  Department
     2  of  Treasury, bureau of alcohol, tobacco and firearms to trace the move-
     3  ment of such gun and such federal agency shall be requested  to  provide
     4  the  superintendent  of  the  division of state police and the local law
     5  enforcement agency with the results of such a  trace.  This  subdivision
     6  shall  not  apply  where the source of a gun is already known to a local
     7  law enforcement agency.] All state and local  law  enforcement  agencies
     8  shall  participate  in  the  bureau  of  alcohol,  tobacco, firearms and
     9  explosives collective data sharing program for the  purpose  of  sharing
    10  gun  trace  reports among all law enforcement agencies in the state on a
    11  reciprocal basis.
    12    6. (a) Whenever a state or local  law  enforcement  agency  seizes  or
    13  recovers  a  gun that was unlawfully possessed, recovered from the scene
    14  of a crime, or is reasonably believed to have been  used  or  associated
    15  with  the  commission  of  a  crime, or is recovered by the agency as an
    16  abandoned or discarded gun, the agency shall arrange for every such  gun
    17  that  is determined to be suitable for test-firing and of a type that is
    18  eligible for national  integrated  ballistic  information  network  data
    19  entry  and  correlation to be test-fired as soon as practicable, and the
    20  results of that test-firing shall be submitted forthwith to the national
    21  integrated ballistic information network to determine whether the gun is
    22  associated or related to a crime,  criminal  event,  or  any  individual
    23  associated  or  related  to  a  crime  or  criminal  event or reasonably
    24  believed to be associated or related to a crime or criminal event.
    25    (b) Whenever a state or local  law  enforcement  agency  recovers  any
    26  ammunition  cartridge  case  that  is  of  a  type  that is eligible for
    27  national integrated ballistic information network data entry and  corre-
    28  lation  at  a  crime scene, or has reason to believe that such recovered
    29  ammunition cartridge case is related to or associated with  the  commis-
    30  sion of a crime or the unlawful discharge of a gun, the agency shall, as
    31  soon  as  practicable,  arrange  for  the  ballistics  information to be
    32  submitted to the national integrated ballistic information network.
    33    7. Whenever a state or local law enforcement agency seizes or recovers
    34  any gun, the agency shall promptly enter the make, model,  caliber,  and
    35  serial  number  of  the  gun  into the national crime information center
    36  (NCIC) system to determine whether the gun was reported stolen.
    37    8. The superintendent may adopt rules and  regulations  to  effectuate
    38  the provisions of this section.
    39    § 2. This act shall take effect on the one hundred eightieth day after
    40  it shall have become a law.

    41                                   PART P

    42    Section  1.  Paragraph  13  of subdivision (c) of section 33.13 of the
    43  mental hygiene law, as amended by chapter  491  of  the  laws  of  2008,
    44  subparagraph  (ii)  as  amended  by  chapter  37 of the laws of 2011, is
    45  amended to read as follows:
    46    13. to the state division of criminal justice services  for  the  sole
    47  purposes of:
    48    (i)  providing,  facilitating,  evaluating  or  auditing access by the
    49  commissioner of mental health to criminal history  information  pursuant
    50  to subdivision (i) of section 7.09 of this chapter; or
    51    (ii)   providing  information  to  the  criminal  justice  information
    52  services division of the federal bureau of investigation by the  commis-
    53  sioner  of  mental health or the commissioner of developmental disabili-
    54  ties, for the purposes of responding to queries to the national  instant

        S. 7505--A                         32                         A. 9505--A

     1  criminal  background  check  system  regarding  attempts  to purchase or
     2  otherwise take possession of firearms,  in  accordance  with  applicable
     3  federal laws or regulations[.]; or
     4    (iii)  providing information to public entities responsible for deter-
     5  mining eligibility for purchase or possession in states other  than  New
     6  York  for  the  sole  purpose  of  determining  eligibility to purchase,
     7  possess, or carry a firearm, provided that the  law  enforcement  entity
     8  obtains and provides patient consent to the division of criminal justice
     9  services, where legally necessary.
    10    §  2.  Paragraph  15 of subdivision (c) of section 33.13 of the mental
    11  hygiene law, as added by chapter 1 of the laws of 2013,  is  amended  to
    12  read as follows:
    13    15.  to  the  division  of  criminal justice services, names and other
    14  non-clinical identifying information for the sole [purpose] purposes of:
    15    (i) implementing the  division's  responsibilities  and  duties  under
    16  sections 400.00 and 400.02 of the penal law[.]; or
    17    (ii)  providing  information to public entities responsible for deter-
    18  mining eligibility for purchase or possession in states other  than  New
    19  York  for  the  sole  purpose  of  determining  eligibility to purchase,
    20  possess, or carry a firearm, provided that the  law  enforcement  entity
    21  obtains and provides patient consent to the division of criminal justice
    22  services, where legally necessary.
    23    § 3. This act shall take effect immediately.

    24                                   PART Q

    25    Section 1.  The penal law is amended by adding a new section 120.65 to
    26  read as follows:
    27  § 120.65 Domestic violence.
    28    A person is guilty of domestic violence when he or she:
    29    1.  commits  a serious offense as defined in paragraph (c) of subdivi-
    30  sion seventeen of section 265.00 of this chapter and the person  against
    31  whom  the  offense is committed is a member of the same family or house-
    32  hold as defined in subdivision one of section  530.11  of  the  criminal
    33  procedure law; or
    34    2.  commits  the  crime  of  assault in the third degree as defined in
    35  subdivisions one and two of section 120.00 of this article, or  criminal
    36  obstruction  of  breathing  or  blood  circulation as defined in section
    37  121.11 of this title, forcible touching as defined in section 130.52  of
    38  this  title,  or sexual abuse in the second degree as defined in section
    39  130.60 of this title, or sexual abuse in the third degree as defined  in
    40  section  130.55  of  this  title, or unlawful imprisonment in the second
    41  degree as defined in section 135.05 of this title and the person against
    42  whom the offense is committed is a current or former spouse, parent,  or
    43  guardian  of  the  person committing the offense, a person with whom the
    44  person committing the offense shares a child in common, a person who  is
    45  cohabiting  with or has cohabited with the person committing the offense
    46  as a spouse, parent, or guardian, or a person similarly  situated  to  a
    47  spouse, parent, or guardian of the person committing the offense.
    48    Domestic violence is a class A misdemeanor.
    49    §  2.  Paragraph  (c) of subdivision 17 of section 265.00 of the penal
    50  law, as added by chapter 60 of the laws of 2018, is amended to  read  as
    51  follows:
    52    (c)  any of the following offenses, where the defendant and the person
    53  against whom the offense was committed were members of the  same  family
    54  or  household  as  defined  in  subdivision one of section 530.11 of the

        S. 7505--A                         33                         A. 9505--A

     1  criminal procedure law [and as established pursuant to section 370.15 of
     2  the criminal procedure law]: assault in the third  degree;  menacing  in
     3  the third degree; menacing in the second degree; criminal obstruction of
     4  breathing  or  blood  circulation;  unlawful  imprisonment in the second
     5  degree; coercion in the third degree; criminal tampering  in  the  third
     6  degree;  criminal contempt in the second degree; harassment in the first
     7  degree; aggravated harassment in the second degree; criminal trespass in
     8  the third degree; criminal trespass in the second degree; arson  in  the
     9  fifth degree; or attempt to commit any of the above-listed offenses.
    10    § 3. This act shall take effect on the first of November next succeed-
    11  ing the date on which it shall have become a law.

    12                                   PART R

    13    Section  1.  Short  title. This act shall be known and may be cited as
    14  the "New York Hate Crime Anti-Terrorism Act".
    15    § 2. The opening paragraph of section 485.00  of  the  penal  law,  as
    16  amended by chapter 8 of the laws of 2019, is amended to read as follows:
    17    The legislature finds and determines as follows: criminal acts involv-
    18  ing  violence,  intimidation and destruction of property based upon bias
    19  and prejudice have become more prevalent in New  York  state  in  recent
    20  years.    The  intolerable  truth  is that in these crimes, commonly and
    21  justly referred to as "hate crimes", victims are intentionally selected,
    22  in whole or in part, because of  their  race,  color,  national  origin,
    23  ancestry,  gender,  gender  identity  or expression, religion, religious
    24  practice, age, disability or sexual orientation.  Hate  crimes  do  more
    25  than  threaten  the  safety and welfare of all citizens. They inflict on
    26  victims incalculable physical and emotional damage and tear at the  very
    27  fabric  of  free  society.  Crimes  motivated by invidious hatred toward
    28  particular groups not only harm individual victims but send  a  powerful
    29  message of intolerance and discrimination to all members of the group to
    30  which  the victim belongs. Hate crimes can and do intimidate and disrupt
    31  entire communities and vitiate the civility that is essential to healthy
    32  democratic processes.  In  a  democratic  society,  citizens  cannot  be
    33  required  to  approve  of  the beliefs and practices of others, but must
    34  never commit criminal acts on account of them.   [Current law]  However,
    35  these criminal acts do occur and are occurring more and more frequently.
    36  Quite  often,  these  crimes of hate are also acts of terror. The recent
    37  attacks in Monsey, New York as well as the shootings in El Paso,  Texas;
    38  Pittsburgh,  Pennsylvania;  Sutherland Springs, Texas; Orlando, Florida;
    39  and Charleston, South Carolina illustrate that mass killings  are  often
    40  apolitical,  motivated  by the hatred of a specific group coupled with a
    41  desire to inflict mass casualties. The current law emphasizes the  poli-
    42  tical  motivation  of  an  act over its catastrophic effect and does not
    43  adequately recognize the harm to public order and individual safety that
    44  hate crimes cause. Therefore, our laws must be strengthened  to  provide
    45  clear  recognition  of  the  gravity  of  hate crimes and the compelling
    46  importance of preventing their recurrence.
    47    § 3. Subdivision 3 of section 485.05 of the penal law, as  amended  by
    48  section  9  of  part NN of chapter 55 of the laws of 2018, is amended to
    49  read as follows:
    50    3. A "specified offense" is an offense defined by any of the following
    51  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    52  degree);  section  120.05 (assault in the second degree); section 120.10
    53  (assault in the first degree); section 120.12 (aggravated assault upon a
    54  person less than eleven years old);  section  120.13  (menacing  in  the

        S. 7505--A                         34                         A. 9505--A

     1  first  degree);  section 120.14 (menacing in the second degree); section
     2  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
     3  germent  in the second degree); section 120.25 (reckless endangerment in
     4  the  first degree); section 121.12 (strangulation in the second degree);
     5  section 121.13 (strangulation in the first degree); subdivision  one  of
     6  section 125.15 (manslaughter in the second degree); subdivision one, two
     7  or  four  of  section 125.20 (manslaughter in the first degree); section
     8  125.25 (murder in the second degree); section 120.45  (stalking  in  the
     9  fourth  degree);  section 120.50 (stalking in the third degree); section
    10  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    11  first  degree);  subdivision  one  of  section 130.35 (rape in the first
    12  degree); subdivision one of section 130.50 (criminal sexual act  in  the
    13  first  degree);  subdivision  one of section 130.65 (sexual abuse in the
    14  first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
    15  (aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
    16  vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
    17  degree);  section  135.05  (unlawful imprisonment in the second degree);
    18  section 135.10 (unlawful imprisonment  in  the  first  degree);  section
    19  135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
    20  the first degree);  section  135.60  (coercion  in  the  third  degree);
    21  section 135.61 (coercion in the second degree); section 135.65 (coercion
    22  in  the  first  degree);  section 140.10 (criminal trespass in the third
    23  degree); section  140.15  (criminal  trespass  in  the  second  degree);
    24  section  140.17  (criminal trespass in the first degree); section 140.20
    25  (burglary in the third degree); section 140.25 (burglary in  the  second
    26  degree);  section  140.30 (burglary in the first degree); section 145.00
    27  (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
    28  mischief  in the third degree); section 145.10 (criminal mischief in the
    29  second degree); section 145.12 (criminal mischief in the first  degree);
    30  section  150.05  (arson  in the fourth degree); section 150.10 (arson in
    31  the third degree); section 150.15 (arson in the second degree);  section
    32  150.20  (arson  in  the  first  degree); section 155.25 (petit larceny);
    33  section 155.30 (grand larceny in  the  fourth  degree);  section  155.35
    34  (grand  larceny  in  the third degree); section 155.40 (grand larceny in
    35  the second degree); section 155.42 (grand larceny in the first  degree);
    36  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    37  the  second  degree);  section  160.15  (robbery  in  the first degree);
    38  section 240.25 (harassment in the first degree); subdivision one, two or
    39  four of section 240.30 (aggravated harassment  in  the  second  degree);
    40  section  490.10 (soliciting or providing support for an act of terrorism
    41  in the second degree); section 490.15 (soliciting or  providing  support
    42  for  an  act of terrorism in the first degree); section 490.20 (making a
    43  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    44  (hindering prosecution of  terrorism  in  the  second  degree);  section
    45  490.35 (hindering prosecution of terrorism in the first degree); section
    46  490.37 (criminal possession of a chemical weapon or biological weapon in
    47  the  third  degree);  section  490.40 (criminal possession of a chemical
    48  weapon or biological weapon in the second degree); section 490.45 (crim-
    49  inal possession of a chemical weapon or biological weapon in  the  first
    50  degree); section 490.47 (criminal use of a chemical weapon or biological
    51  weapon  in the third degree); section 490.50 (criminal use of a chemical
    52  weapon or biological weapon in the second degree); section 490.55 (crim-
    53  inal use of a chemical weapon or biological weapon in the first degree);
    54  or any attempt or conspiracy to commit any of the foregoing offenses.
    55    § 4. The penal law is amended by adding two new  sections  490.27  and
    56  490.28 to read as follows:

        S. 7505--A                         35                         A. 9505--A

     1  § 490.27 Domestic  act  of  terrorism  motivated  by  hate in the second
     2             degree.
     3    A person is guilty of the crime of domestic act of terrorism motivated
     4  by  hate  in the second degree when, acting with the intent to cause the
     5  death of, or serious physical injury to, five or more other persons,  in
     6  whole  or  in  substantial  part  because  of the perceived race, color,
     7  national origin, ancestry, gender, gender identity or expression,  reli-
     8  gion, religious practice, age, disability, or sexual orientation of such
     9  other  persons,  regardless  of  whether  that  belief  or perception is
    10  correct, he or she, as part of the same criminal  transaction,  attempts
    11  to  cause the death of, or serious physical injury to, such five or more
    12  persons, provided that the victims are not participants in the  criminal
    13  transaction.
    14    Domestic  act of terrorism motivated by hate in the second degree is a
    15  class A-I felony.
    16  § 490.28 Domestic act of  terrorism  motivated  by  hate  in  the  first
    17             degree.
    18    A person is guilty of the crime of domestic act of terrorism motivated
    19  by  hate  in  the first degree when, acting with the intent to cause the
    20  death of, or serious physical injury to, five or more other persons,  in
    21  whole  or  in  substantial  part  because  of the perceived race, color,
    22  national origin, ancestry, gender, gender identity or expression,  reli-
    23  gion, religious practice, age, disability, or sexual orientation of such
    24  other person or persons, regardless of whether that belief or perception
    25  is correct, he or she, as part of the same criminal transaction:
    26    1.  causes  the  death of at least one other person, provided that the
    27  victim or victims are not a participant in the criminal transaction; and
    28    2. causes or attempts to cause the death of four  or  more  additional
    29  other  persons,  provided  that the victims are not a participant in the
    30  criminal transaction; and
    31    3. the defendant was more than eighteen years old at the time  of  the
    32  commission of the crime.
    33    Domestic  act  of terrorism motivated by hate in the first degree is a
    34  class A-I felony.
    35    Notwithstanding any other provision of law, when a person is convicted
    36  of domestic act of terrorism motivated by hate in the first degree,  the
    37  sentence shall be life imprisonment without parole.
    38    §  5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
    39  procedure law, as amended by section 3 of part A of  chapter  1  of  the
    40  laws of 2004, is amended to read as follows:
    41    (q)  Soliciting  or  providing  support for an act of terrorism in the
    42  second degree as defined in section 490.10 of the penal law,  soliciting
    43  or  providing  support  for  an  act of terrorism in the first degree as
    44  defined in section 490.15 of the penal law, making a terroristic  threat
    45  as  defined  in  section  490.20 of the penal law, crime of terrorism as
    46  defined in section 490.25 of the penal law, domestic  act  of  terrorism
    47  motivated  by  hate in the second degree as defined in section 490.27 of
    48  the penal law, domestic act of terrorism motivated by hate in the  first
    49  degree  as  defined in section 490.28 of the penal law, hindering prose-
    50  cution of terrorism in the second degree as defined in section 490.30 of
    51  the penal law, hindering prosecution of terrorism in the first degree as
    52  defined in section 490.35 of the penal law,  criminal  possession  of  a
    53  chemical  weapon  or biological weapon in the third degree as defined in
    54  section 490.37 of the penal law, criminal possession of a chemical weap-
    55  on or biological weapon in the  second  degree  as  defined  in  section
    56  490.40  of  the  penal  law, criminal possession of a chemical weapon or

        S. 7505--A                         36                         A. 9505--A

     1  biological weapon in the first degree as defined in  section  490.45  of
     2  the penal law, criminal use of a chemical weapon or biological weapon in
     3  the third degree as defined in section 490.47 of the penal law, criminal
     4  use  of  a  chemical weapon or biological weapon in the second degree as
     5  defined in section 490.50 of the penal law, and criminal use of a chemi-
     6  cal weapon or biological weapon  in  the  first  degree  as  defined  in
     7  section 490.55 of the penal law.
     8    §  6.  Domestic  terrorism task force. (a) There is hereby created the
     9  domestic terrorism task force to examine, evaluate and determine how  to
    10  prevent  mass  shootings  by  domestic  terrorists,  consisting  of nine
    11  members, each to serve until two years after the effective date of  this
    12  act.
    13    (b)  (1)  Such members shall be appointed as follows: one member shall
    14  be the commissioner of the division of criminal  justice  services;  one
    15  member  shall be the superintendent of state police; three members shall
    16  be appointed by the governor; one  member  shall  be  appointed  by  the
    17  temporary  president of the senate; one member shall be appointed by the
    18  minority leader of the senate; one member  shall  be  appointed  by  the
    19  speaker of the assembly; and one member shall be appointed by the minor-
    20  ity leader of the assembly. Appointments shall be made within sixty days
    21  of  the effective date of this act. Vacancies in the task force shall be
    22  filled in the same manner provided for original appointments.
    23    (2) All appointees shall  have  expertise  in  fields  or  disciplines
    24  related to criminal justice or violence prevention.
    25    (3)  The  task force shall be chaired by the commissioner of the divi-
    26  sion of criminal justice services. The task force shall  elect  a  vice-
    27  chair  by  majority  vote  and  other  necessary officers from among all
    28  appointed members.
    29    (4) The task force shall meet at least quarterly at the  call  of  the
    30  chair.  Meetings may be held via teleconference. Special meetings may be
    31  called by the chair at the request of a majority of the members  of  the
    32  task force.
    33    (5)  Members of the task force shall receive no compensation for their
    34  services but shall be reimbursed for their actual expenses  incurred  in
    35  the performance of their duties in the work of the task force.
    36    (c) The task force shall:
    37    (1) study mass shooting incidents;
    38    (2)  recommend  practices  to  identify  potential  mass  shooters and
    39  prevent mass shooting incidents; and
    40    (3) recommend practices to provide for the security of locations like-
    41  ly to be targeted by a mass shooter.
    42    (d) The task force may  establish  advisory  committees  as  it  deems
    43  appropriate  on  matters  relating to the task force's functions, powers
    44  and duties. Such committees shall be chaired by a task force member, but
    45  may be composed of task force  members  as  well  as  other  individuals
    46  selected  by the task force to provide expertise of interest specific to
    47  the charge of such committees.
    48    (e) The task force may, as it deems appropriate, request that studies,
    49  surveys and analyses relating to the task force's powers and  duties  be
    50  performed by any state department, commission, agency or public authori-
    51  ty.  All  state departments, commissions, agencies or public authorities
    52  shall provide information and advice in a timely  manner  and  otherwise
    53  assist  the  task force with its work; provided however, any information
    54  or records otherwise confidential  and  privileged  in  accordance  with
    55  state  or  federal  law  that are provided to the task force pursuant to

        S. 7505--A                         37                         A. 9505--A

     1  this subdivision shall remain confidential as provided by such state  or
     2  federal law.
     3    (f)  The task force shall provide a preliminary report to the governor
     4  and the legislature of its findings,  conclusions,  recommendations  and
     5  activities already undertaken by the task force, not later than thirteen
     6  months  after  the effective date of this act, and a final report of its
     7  findings, conclusions, recommendations and activities already undertaken
     8  by the task force, not later than twenty-two months after the  effective
     9  date of this act and shall submit with its reports legislative proposals
    10  as it deems necessary to implement its recommendations.
    11    § 7. This act shall take effect on the first of November next succeed-
    12  ing the date on which it shall have become a law.

    13                                   PART S

    14    Section  1.  Section  167-a  of  the  civil service law, as amended by
    15  section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
    16  read as follows:
    17    § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
    18  from the coverage of the health benefit plan  of  supplementary  medical
    19  insurance  benefits for which an active or retired employee or a depend-
    20  ent covered by the health benefit plan is or would be eligible under the
    21  federal old-age, survivors and disability insurance program,  an  amount
    22  equal  to  the  standard  medicare premium charge for such supplementary
    23  medical insurance benefits for such active or retired employee  and  his
    24  or  her  dependents, if any, shall be paid monthly or at other intervals
    25  to such active or retired  employee  from  the  health  insurance  fund.
    26  Furthermore,  effective  January  first,  two  thousand twenty-one there
    27  shall be no payment whatsoever for the income related monthly adjustment
    28  amount for amounts (premiums) incurred on or after  January  first,  two
    29  thousand  twenty to any active or retired employee and his or her depen-
    30  dents, if any. Where appropriate, such standard medicare premium  amount
    31  may  be  deducted  from contributions payable by the employee or retired
    32  employee; or where appropriate in the case of a retired employee receiv-
    33  ing a retirement allowance, such standard medicare premium amount may be
    34  included with payments of his or her  retirement  allowance.  All  state
    35  employer,  employee, retired employee and dependent contributions to the
    36  health insurance fund, including contributions from public  authorities,
    37  public  benefit  corporations or other quasi-public organizations of the
    38  state eligible for participation in the health benefit plan  as  author-
    39  ized by subdivision two of section one hundred sixty-three of this arti-
    40  cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
    41  federal old-age, survivors  and  disability  insurance  program  premium
    42  charges  under  this  section. This cost shall be included in the calcu-
    43  lation of premium or subscription charges for health  coverage  provided
    44  to  employees  and  retired  employees of the state, public authorities,
    45  public benefit corporations or other quasi-public organizations  of  the
    46  state;  provided, however, the state, public authorities, public benefit
    47  corporations or other quasi-public  organizations  of  the  state  shall
    48  remain  obligated  to  pay no less than its share of such increased cost
    49  consistent with its share of premium or  subscription  charges  provided
    50  for  by  this  article.  All  other employer contributions to the health
    51  insurance fund shall be  adjusted  as  necessary  to  provide  for  such
    52  payments.

        S. 7505--A                         38                         A. 9505--A

     1    § 2. This act shall take effect immediately and shall apply on January
     2  1,  2020  for  the income related monthly adjustment amount for amounts,
     3  premiums, incurred on or after January 1, 2020.

     4                                   PART T

     5    Section  1.  Section  5004  of  the  civil  practice law and rules, as
     6  amended by chapter 258 of the laws  of  1981,  is  amended  to  read  as
     7  follows:
     8    §  5004.  Rate of interest. [Interest shall be at the rate of nine per
     9  centum per annum, except where otherwise provided by statute.]  Notwith-
    10  standing  any  other  provision  of  law  or regulation to the contrary,
    11  including any law or regulation that limits the annual rate of  interest
    12  to  be  paid on a judgment or accrued claim, the annual rate of interest
    13  to be paid on a judgment or accrued claim shall  be  calculated  at  the
    14  one-year  United  States  treasury  bill  rate. For the purposes of this
    15  section, the "one-year United States treasury bill rate" means the week-
    16  ly average one-year constant maturity treasury yield,  as  published  by
    17  the  board  of governors of the federal reserve system, for the calendar
    18  week preceding the date of the entry of the judgment  awarding  damages.
    19  Provided  however, that this section shall not apply to any provision of
    20  the tax law which provides for the annual rate of interest to be paid on
    21  a judgment or accrued claim.
    22    § 2. Section 16 of the state finance law, as amended by chapter 681 of
    23  the laws of 1982, is amended to read as follows:
    24    § 16. Rate of interest on judgments and  accrued  claims  against  the
    25  state.    The rate of interest to be paid by the state upon any judgment
    26  or accrued claim against the state shall [not exceed nine per centum per
    27  annum] be calculated at the one-year United States treasury  bill  rate.
    28  For  the  purposes of this section, the "one-year United States treasury
    29  bill rate" means the weekly average one-year constant maturity  treasury
    30  yield,  as  published  by  the board of governors of the federal reserve
    31  system, for the calendar week preceding the date of  the  entry  of  the
    32  judgment awarding damages. Provided however, that this section shall not
    33  apply to any provision of the tax law which provides for the annual rate
    34  of interest to be paid on a judgment or accrued claim.
    35    §  3.  This  act shall take effect immediately, and shall be deemed to
    36  have been in full force and effect on and after April 1, 2020.
    37                                   PART U

    38    Section 1. Section 167-a of the  civil  service  law,  as  amended  by
    39  section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
    40  read as follows:
    41    § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
    42  from  the  coverage  of the health benefit plan of supplementary medical
    43  insurance benefits for which an active or retired employee or a  depend-
    44  ent covered by the health benefit plan is or would be eligible under the
    45  federal  old-age,  survivors and disability insurance program, an amount
    46  equal to the standard medicare premium  charge  for  such  supplementary
    47  medical  insurance  benefits for such active or retired employee and his
    48  or her dependents, if any, shall be paid monthly or at  other  intervals
    49  to  such  active  or  retired  employee  from the health insurance fund;
    50  provided, however, such payment for the standard medicare premium charge
    51  shall not exceed one hundred forty-four  dollars  and  sixty  cents  per
    52  month.   Where appropriate, such standard medicare premium amount may be
    53  deducted from contributions payable by the employee or retired employee;

        S. 7505--A                         39                         A. 9505--A

     1  or where appropriate in the case  of  a  retired  employee  receiving  a
     2  retirement  allowance,  such  standard  medicare  premium  amount may be
     3  included with payments of his or her  retirement  allowance.  All  state
     4  employer,  employee, retired employee and dependent contributions to the
     5  health insurance fund, including contributions from public  authorities,
     6  public  benefit  corporations or other quasi-public organizations of the
     7  state eligible for participation in the health benefit plan  as  author-
     8  ized by subdivision two of section one hundred sixty-three of this arti-
     9  cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
    10  federal old-age, survivors  and  disability  insurance  program  premium
    11  charges  under  this  section. This cost shall be included in the calcu-
    12  lation of premium or subscription charges for health  coverage  provided
    13  to  employees  and  retired  employees of the state, public authorities,
    14  public benefit corporations or other quasi-public organizations  of  the
    15  state;  provided, however, the state, public authorities, public benefit
    16  corporations or other quasi-public  organizations  of  the  state  shall
    17  remain  obligated  to  pay no less than its share of such increased cost
    18  consistent with its share of premium or  subscription  charges  provided
    19  for  by  this  article.  All  other employer contributions to the health
    20  insurance fund shall be  adjusted  as  necessary  to  provide  for  such
    21  payments.
    22    §  2.  This  act  shall take effect immediately and shall apply to the
    23  standard medicare premium amount on and after April 1, 2020.

    24                                   PART V

    25    Section 1. Section 167 of the civil service law is amended by adding a
    26  new subdivision 10 to read as follows:
    27    10. Notwithstanding any inconsistent provision  of  law,  the  state's
    28  contribution  for  the  cost  of premium or subscription charges for the
    29  coverage of retired state employees who are enrolled  in  the  statewide
    30  and  the supplementary health benefit plans established pursuant to this
    31  article and who are hired on or after October first, two thousand twenty
    32  shall be as set forth in this subdivision.
    33    (a) For state employees who retire from a position at  or  equated  to
    34  grade  ten  or  higher  with  at least ten but less than twenty years of
    35  service, the state shall pay fifty percent of the  cost  of  premium  or
    36  subscription  charges  for the individual coverage of such retired state
    37  employees. Such contributions shall increase by two percent of the  cost
    38  of premium or subscription charges for each year of service in excess of
    39  ten years, to a maximum of sixty-eight percent of the cost of premium or
    40  subscription  charges. For state employees who retire from a position at
    41  or equated to grade ten or higher with twenty or more years of  service,
    42  the  state  shall  pay  seventy-four  percent  of the cost of premium or
    43  subscription charges for the individual coverage of such  retired  state
    44  employees.  Such contributions shall increase by one percent of the cost
    45  of premium or subscription charges for each year of service in excess of
    46  twenty years, to a maximum of eighty-four percent of the cost of premium
    47  or subscription charges.
    48    (b) For state employees who retire from a position at  or  equated  to
    49  grade  nine  or  lower  with  at least ten but less than twenty years of
    50  service, the state shall pay fifty-four percent of the cost  of  premium
    51  or  subscription  charges  for  the  individual coverage of such retired
    52  state employees. Such contributions shall increase by two percent of the
    53  cost of premium or subscription charges for  each  year  of  service  in
    54  excess  of ten years, to a maximum of seventy-two percent of the cost of

        S. 7505--A                         40                         A. 9505--A

     1  premium or subscription charges. For state employees who retire  from  a
     2  position  at or equated to grade nine or lower with twenty or more years
     3  of service, the state shall pay seventy-eight percent  of  the  cost  of
     4  premium  or  subscription  charges  for  the individual coverage of such
     5  retired state  employees.  Such  contributions  shall  increase  by  one
     6  percent  of the cost of premium or subscription charges for each year of
     7  service in excess of twenty years, to a maximum of eighty-eight  percent
     8  of the cost of premium or subscription charges.
     9    (c)  For  state  employees who retire from a position at or equated to
    10  grade ten or higher with at least ten but  less  than  twenty  years  of
    11  service,  the state shall pay thirty-five percent of the cost of premium
    12  or subscription charges for the coverage of dependents of  such  retired
    13  state  employees; such contribution shall increase by two percent of the
    14  cost of premium or subscription charges for  each  year  of  service  in
    15  excess  of ten years, to a maximum of fifty-three percent of the cost of
    16  premium or subscription charges for such dependents. For state employees
    17  who retire from a position at or equated to grade  ten  or  higher  with
    18  twenty  or more years of service, the state shall pay fifty-nine percent
    19  of the cost of premium or  subscription  charges  for  the  coverage  of
    20  dependents  of  such  retired  state  employees; such contribution shall
    21  increase by one percent of the cost of premium or  subscription  charges
    22  for  each  year  of  service  in excess of twenty years, to a maximum of
    23  sixty-nine percent of the cost of premium or  subscription  charges  for
    24  such dependents.
    25    (d)  For  state  employees who retire from a position at or equated to
    26  grade nine or lower with at least ten but  less  than  twenty  years  of
    27  service,  the state shall pay thirty-nine percent of the cost of premium
    28  or subscription charges for the coverage of dependents of  such  retired
    29  state  employees; such contribution shall increase by two percent of the
    30  cost of premium or subscription charges for  each  year  of  service  in
    31  excess  of ten years, to a maximum of fifty-seven percent of the cost of
    32  premium or subscription charges for such dependents. For state employees
    33  who retire from a position at or equated to grade  nine  or  lower  with
    34  twenty or more years of service, the state shall pay sixty-three percent
    35  of  the  cost  of  premium  or  subscription charges for the coverage of
    36  dependents of such retired  state  employees;  such  contribution  shall
    37  increase  by  one percent of the cost of premium or subscription charges
    38  for each year of service in excess of twenty  years,  to  a  maximum  of
    39  seventy-three percent of the cost of premium or subscription charges for
    40  such dependents.
    41    (e)  With  respect to all such retired state employees, each increment
    42  of one or two percent of the cost of premium or subscription charges for
    43  each year of service shall be applicable for whole years of  service  to
    44  the state and shall not be applied on a pro-rata basis for partial years
    45  of service.
    46    (f) The provisions of this subdivision shall not be applicable to:
    47    (1) Members of the New York state and local police and fire retirement
    48  system;
    49    (2)  Members  in  the  uniformed  personnel  in institutions under the
    50  jurisdiction of the state department of corrections and community super-
    51  vision or who are security hospital treatment assistants, as defined  in
    52  section eighty-nine of the retirement and social security law; and
    53    (3)  Any  state  employee determined to have retired with an ordinary,
    54  accidental, or performance of duty disability retirement benefit.
    55    (g)  For  the  purposes  of  determining  the  cost  of   premium   or
    56  subscription  charges to be paid by the state on behalf of retired state

        S. 7505--A                         41                         A. 9505--A

     1  employees enrolled in the New York state health  insurance  program  who
     2  are  hired  on  or  after  October first, two thousand twenty, the state
     3  shall consider all years of service that a retired  state  employee  has
     4  accrued  in  a  public  retirement  system  of  the state or an optional
     5  retirement program established pursuant to article  three,  eight-B,  or
     6  one  hundred  twenty-five-A of the education law. The provisions of this
     7  paragraph may not be used to grant eligibility for retiree state  health
     8  insurance  coverage to a retiree who is not otherwise eligible to enroll
     9  in the New York state health insurance program as a retiree.
    10    § 2. This act shall take effect October 1, 2020.

    11                                   PART W

    12    Section 1. Paragraph (h) of subdivision 1  of  section  209-a  of  the
    13  civil  service  law,  as amended by section 1 of part E of chapter 55 of
    14  the laws of 2019, is amended to read as follows:
    15    (h) to disclose home addresses, personal telephone  numbers,  personal
    16  cell  phone  numbers, personal e-mail addresses of a public employee, as
    17  the term "public employee" is defined in subdivision  seven  of  section
    18  two  hundred  one of this article, except (i) where required pursuant to
    19  the provisions of this article, [and] (ii) to the extent compelled to do
    20  so by lawful service of process, subpoena,  court  order,  or  (iii)  in
    21  accordance  with  subdivision  four of section two hundred eight of this
    22  article, or as otherwise required  by  law.  This  paragraph  shall  not
    23  prohibit other provisions of law regarding work-related, publicly avail-
    24  able information such as title, salary, and dates of employment.
    25    §  2.  Paragraph  (b)  of  subdivision  4  of section 208 of the civil
    26  service law, as added by section 1 of part RRR of chapter 59 of the laws
    27  of 2018, is amended and a new paragraph (c) is added to read as follows:
    28    (b) Within thirty days of providing the notice in paragraph a of  this
    29  subdivision,  a  public  employer shall allow a duly appointed represen-
    30  tative of the employee organization that represents that bargaining unit
    31  to meet with such employee for a reasonable amount of time during his or
    32  her work time without charge to leave credits, unless  otherwise  speci-
    33  fied  within  an agreement bargained collectively under article fourteen
    34  of the civil service law, provided however that  arrangements  for  such
    35  meeting  must  be  scheduled in consultation with a designated represen-
    36  tative of the public employer[.]; and
    37    (c) Upon the request of the certified and recognized  employee  organ-
    38  ization,  and if the public employer conducts new employee orientations,
    39  the public employer shall provide the  employee  organization  mandatory
    40  access  to  such  new  employee  orientations. The employee organization
    41  shall receive not less than ten days' notice in  advance  of  an  orien-
    42  tation,  except  that  a  shorter  notice  may be provided in a specific
    43  instance where there is an urgent need critical to the employer's  oper-
    44  ations  that  was not reasonably foreseeable to provide such notice. The
    45  structure, time, and manner of exclusive representative access shall  be
    46  determined through mutual agreement between the employer and the employ-
    47  ee organization.
    48    §  3.  Section  215 of the civil service law, as added by section 1 of
    49  part DD of chapter 56 of the  laws  of  2019,  is  amended  to  read  as
    50  follows:
    51    § 215. [Agency] Dues or agency shop fee deductions. 1. Notwithstanding
    52  any  other law to the contrary, any public employer, any employee organ-
    53  ization, the comptroller and the board, or any  of  their  employees  or
    54  agents,  shall  not be liable for, and shall have a complete defense to,

        S. 7505--A                         42                         A. 9505--A

     1  any claims or actions under  the  laws  of  this  state  for  requiring,
     2  deducting,  receiving,  or  retaining dues or agency shop fee deductions
     3  from public employees, and current or former public employees shall  not
     4  have  standing  to  pursue  these claims or actions, if the dues or fees
     5  were permitted or mandated at the time under the laws of this state then
     6  in force and paid, through payroll deduction or otherwise, prior to June
     7  twenty-seventh, two thousand eighteen.
     8    2. This section shall apply to claims and actions pending or filed  on
     9  or after June twenty-seventh, two thousand eighteen.
    10    3.  The  enactment  of this section shall not be interpreted to create
    11  the inference that any relief made unavailable  by  this  section  would
    12  otherwise be available.
    13    § 4. This act shall take effect immediately.

    14                                   PART X

    15    Section  1.  Section  103  of  the  state technology law is amended by
    16  adding a new subdivision 22 to read as follows:
    17    22. To issue procurements for technology, as defined  in  section  one
    18  hundred  one of this article, in the manner as prescribed in this subdi-
    19  vision.
    20    (a) Notwithstanding section  one  hundred  sixty-three  of  the  state
    21  finance  law,  or any other provision of law to the contrary, the office
    22  may issue solicitations for comprehensive technology  service  contracts
    23  and  may award comprehensive technology service contracts for technology
    24  as prescribed in this subdivision. A  comprehensive  technology  service
    25  contract  shall  mean  any contract for both the design and build of any
    26  technology by a single entity or multiple entities acting as one,  which
    27  may  include any and all technology as defined in this article and shall
    28  result in a complete and operable system delivered to the state.
    29    (b) For all procurements  conducted  pursuant  to  this  section,  the
    30  office  shall  advertise  in the contract reporter and on the website of
    31  the office for no  less  than  fifteen  business  days,  a  request  for
    32  proposals  which  shall include a detailed description of the work to be
    33  performed, any minimum and mandatory qualifications, a brief description
    34  of how the proposals will be scored, and any  other  criteria  that  the
    35  office deems necessary and appropriate. Scoring criteria shall be draft-
    36  ed and sealed by the office prior to the opening of any bids. Such scor-
    37  ing  criteria  shall  be  objective  to the extent practicable and shall
    38  include cost. If the winning proposal  scores  less  than  five  percent
    39  higher  than  the penultimate proposal, the office shall be empowered to
    40  request such two bidders to re-submit their cost proposals with the same
    41  or lower cost within ten business days' notice, which the  office  shall
    42  then  evaluate  based  on the original sealed scoring criteria for final
    43  award.
    44    (c) The office shall include in every  contract  awarded  pursuant  to
    45  this  section  a clause which limits the ability of any cost increase of
    46  the contract to no more than ten percent of the original  bid  price  of
    47  the  contractor.  Any request for an increase in contract price shall be
    48  subject to approval of the director of the division of  the  budget  and
    49  the office of the state comptroller. Such clause shall also specify that
    50  if the vendor refuses to complete the contract according to the specific
    51  terms  of  the  contract  as  solely  determined by the state and unless
    52  otherwise agreed to in writing by the state,  the  contractor  shall  be
    53  liable for return of all monies paid by the state to the contractor as a
    54  result  of the subject contract, documented state out of pocket expenses

        S. 7505--A                         43                         A. 9505--A

     1  up to the time of termination of the contract for work performed by  the
     2  state  in  furtherance  of the goals of the contract, and any documented
     3  cover costs which the state incurs as a result of re-procurement of  the
     4  contract, regardless of fault. The state shall also retain all title and
     5  interest  in  any custom-built work product delivered to the state up to
     6  and including the time of termination, regardless of payment  or  refund
     7  of associated monies to or by the state.
     8    (d)  All terms used in this section shall have the same meaning other-
     9  wise prescribed in this chapter or in articles eleven and  nine  of  the
    10  state  finance  law,  except  for  those  specifically  defined  in this
    11  section.
    12    § 2. Subdivisions 3 and 4 of section 163-a of the state  finance  law,
    13  subdivision  3  as added by chapter 430 of the laws of 1997 and subdivi-
    14  sion 4 as amended by section 10 of part O of chapter 55 of the  laws  of
    15  2012, are amended and a new subdivision 5 is added to read as follows:
    16    3.  A  vendor  has  furnished  at government request specifications or
    17  information regarding a product or service they provide, but such vendor
    18  has not been directly requested to write specifications for such product
    19  or service or an agency technology procurement proposal; [or]
    20    4. The [state agency together with] director of the office of informa-
    21  tion technology services, upon request by  a  state  agency,  determines
    22  that  the  restriction  is  not in the best interest of the state[. Such
    23  office shall notify each member of the advisory council  established  in
    24  article  one  of  the  state  technology law of any such waiver of these
    25  restrictions.]; or
    26    5. For the office of information technology services, the restrictions
    27  contained within this section shall not  apply  to  procurements  issued
    28  pursuant to section one hundred three of the state technology law.
    29    § 3. This act shall take effect immediately.

    30                                   PART Y

    31    Section  1. Subdivision 10 of section 160 of the state finance law, as
    32  added by chapter 83 of the laws of 1995, is amended to read as follows:
    33    10. "Technology" means either a good or a  service  or  a  combination
    34  thereof,  [that  results  in a technical method of achieving a practical
    35  purpose or in improvements in productivity] used in the  application  of
    36  any  computer or electronic information or interconnected system that is
    37  used in the acquisition, storage,  manipulation,  management,  movement,
    38  control,  display, switching, interchange, transmission, or reception of
    39  data or voice including, but not limited to, hardware, software,  infor-
    40  mation  appliances,  firmware,  programs, systems, networks, infrastruc-
    41  ture, media, and related material used to  automatically  and  electron-
    42  ically  collect,  receive,  access,  transmit,  display,  store, record,
    43  retrieve, analyze,  evaluate,  process,  classify,  manipulate,  manage,
    44  assimilate,  control,  communicate,  exchange, convert, coverage, inter-
    45  face, switch, or disseminate data of any kind or form, and shall include
    46  all  associated  consulting,  management,  facilities,  maintenance  and
    47  training. Goods may be either new or used.
    48    §  2.  Subdivision  5  of  section 101 of the state technology law, as
    49  added by chapter 430 of the laws of 1997 and as  renumbered  by  chapter
    50  437 of the laws of 2004, is amended to read as follows:
    51    5.  "Technology"  means  [a  good,  service,  or good and service that
    52  results in a digital, electronic or similar technical method of  achiev-
    53  ing  a  practical  purpose or in improvements in productivity, including
    54  but not limited to information management, equipment, software,  operat-

        S. 7505--A                         44                         A. 9505--A

     1  ing  systems,  interface  systems,  interconnected systems, telecommuni-
     2  cations, data management, networks, and network management,  consulting,
     3  supplies,  facilities,  maintenance  and  training]  either  a good or a
     4  service or a combination thereof, used in the application of any comput-
     5  er  or  electronic  information or interconnected system that is used in
     6  the acquisition, storage, manipulation, management,  movement,  control,
     7  display,  switching,  interchange, transmission, or reception of data or
     8  voice including, but not limited  to,  hardware,  software,  information
     9  appliances,   firmware,  programs,  systems,  networks,  infrastructure,
    10  media, and related material used  to  automatically  and  electronically
    11  collect,  receive,  access,  transmit, display, store, record, retrieve,
    12  analyze, evaluate, process, classify,  manipulate,  manage,  assimilate,
    13  control, communicate, exchange, convert, coverage, interface, switch, or
    14  disseminate  data  of any kind or form, and shall include all associated
    15  consulting, management, facilities, maintenance, support  and  training.
    16  Goods may be either new or used.
    17    § 3. This act shall take effect immediately.

    18                                   PART Z

    19    Section  1.  Section  1  of  part S of chapter 56 of the laws of 2010,
    20  relating to establishing a joint  appointing  authority  for  the  state
    21  financial system project, is amended to read as follows:
    22    Section  1.  The  division of the budget and office of the state comp-
    23  troller may dedicate such officers and employees as may be needed  to  a
    24  joint  project,  which shall be known as the [state] statewide financial
    25  system project, and which shall  be  responsible  for  the  development,
    26  implementation  and maintenance of a single, statewide financial manage-
    27  ment system for use by the office of the state comptroller and all agen-
    28  cies. The division of the budget and the office of the state comptroller
    29  shall serve jointly as the appointing authority for  all  titles  within
    30  the  project,  and  shall  jointly  appoint a project [manager] director
    31  therefor. For purposes of appointment  and  promotion  under  the  civil
    32  service  law,  the  [state]  statewide financial system project shall be
    33  treated as if it were a single department.  For the purposes of procure-
    34  ment and contracting pursuant to the state finance  law,  the  statewide
    35  financial  system  project  shall  be  treated  as  a single department,
    36  provided that all procurements and contracts issued and agreed to by the
    37  statewide financial system project shall be subject to the  approval  of
    38  the division of the budget and the office of the state comptroller.
    39    § 2. This act shall take effect immediately.

    40                                   PART AA

    41    Section 1. Subdivision 12 of section 3 of the public buildings law, as
    42  amended  by  section  48 of part T of chapter 57 of the laws of 2007, is
    43  amended to read as follows:
    44    12. Lease from time to time buildings, rooms or premises in the county
    45  of Albany, and elsewhere as required, for providing  space  for  depart-
    46  ments,  commissions,  boards  and officers of the state government, upon
    47  such terms and conditions as he or she deems most  advantageous  to  the
    48  state.  Any such lease shall, however, be for a term not exceeding [ten]
    49  fifteen years, but may provide for optional renewals on the part of  the
    50  state,  for  terms of [ten] fifteen years or less. Each such lease shall
    51  contain a clause stating that the contract of the state thereunder shall
    52  be deemed executory only to the extent of moneys available therefor  and

        S. 7505--A                         45                         A. 9505--A

     1  that no liability shall be incurred by the state beyond the money avail-
     2  able  for such purpose. Notwithstanding the provisions of any other law,
     3  except section sixteen hundred seventy-six of the public authorities law
     4  relating  to  use  of  dormitory  authority  facilities by the aged, the
     5  commissioner of general services shall have sole and exclusive authority
     6  to lease space for state departments, agencies, commissions, boards  and
     7  officers  within the county of Albany. Any buildings, rooms or premises,
     8  now or hereafter held by the  commissioner  of  general  services  under
     9  lease, may be sublet, in part or in whole, provided that in the judgment
    10  of  the  commissioner,  and the occupying department, commission, board,
    11  and officers of the state government, such buildings, rooms or  premises
    12  are not for a time needed. Notwithstanding any other provision of law to
    13  the  contrary,  if bonds or notes are issued pursuant to section sixteen
    14  hundred eighty-n of the  public  authorities  law  for  the  purpose  of
    15  acquiring a building or other facility previously financed by a lease or
    16  lease-purchase  obligation  as authorized herein, the state agency which
    17  is the tenant in occupancy shall be authorized to remit tax payments  or
    18  payments  in  lieu  of  thereof to the appropriate taxing authority in a
    19  manner consistent with  the  process  and  term  established  under  the
    20  original  lease  or lease-purchase for the subject property for a period
    21  coincident with the term of the lease as established at the commencement
    22  of the term thereof. The state may  undertake  a  certiorari  review  of
    23  assessments that may be imposed from time to time.
    24    §  2.  This act shall take effect on the same date as the reversion of
    25  subdivision 12 of section 3 of the public buildings law as  provided  in
    26  section 27 of chapter 95 of the laws of 2000, as amended.

    27                                   PART BB

    28    Section 1. Section 139-l of the state finance law, as added by section
    29  1  of subpart A of part KK of chapter 57 of the laws of 2018, is amended
    30  to read as follows:
    31    § 139-l. Statement on sexual harassment and reports on sexual  harass-
    32  ment,  in  bids.  1.  (a)  Every  bid hereafter made to the state or any
    33  public department  or  agency  thereof,  where  competitive  bidding  is
    34  required  by statute, rule or regulation, for work or services performed
    35  or to be performed or goods sold  or  to  be  sold,  shall  contain  the
    36  following statement subscribed by the bidder and affirmed by such bidder
    37  as true under the penalty of perjury:
    38  "By  submission  of  this  bid,  each  bidder and each person signing on
    39  behalf of any bidder certifies, and in the case  of  a  joint  bid  each
    40  party  thereto  certifies  as  to its own organization, under penalty of
    41  perjury, that the bidder  has  and  has  implemented  a  written  policy
    42  addressing  sexual  harassment  prevention in the workplace and provides
    43  annual sexual harassment prevention training to all  of  its  employees.
    44  Such  policy  shall,  at a minimum, meet the requirements of section two
    45  hundred one-g of the labor law."
    46    (b) Every bid hereafter made to the state or any public department  or
    47  agency  thereof,  where  competitive bidding is not required by statute,
    48  rule or regulation, for work or services performed or to be performed or
    49  goods sold or to be sold, may contain, at the discretion of the  depart-
    50  ment,  agency  or official, the certification required pursuant to para-
    51  graph (a) of this subdivision.
    52    2. (a) Every bid hereafter made to the state or any public  department
    53  or  agency  thereof,  where  competitive bidding is required by statute,
    54  rule or regulation, for work or services performed or to be performed or

        S. 7505--A                         46                         A. 9505--A

     1  goods sold or to be sold, shall include a report listing (i) the name of
     2  the bidder; (ii) the total number of adverse judgments or administrative
     3  rulings arising from allegations of sexual harassment during the preced-
     4  ing  year;  (iii)  total number of employees; (iv) whether any equitable
     5  relief was ordered against the bidder in any adverse judgment or  admin-
     6  istrative  ruling;  (v)  the total number of settlements, defined as any
     7  written commitment or written agreement, including any agreed  judgment,
     8  stipulation,  decree,  agreement to settle, assurance of discontinuance,
     9  or otherwise between an employee or a nonemployee and  a  bidder,  under
    10  which  the  bidder  directly  or  indirectly  provides  to an individual
    11  compensation or other consideration due to an allegation that the  indi-
    12  vidual  has  been  a  victim of sexual harassment, that has been entered
    13  into during the preceding year that relate to any alleged act of  sexual
    14  harassment  that  occurred  in the workplace of the bidder; and (vi) the
    15  total number of settlements entered into during the previous  year  that
    16  relate  to any alleged act of sexual harassment committed by a corporate
    17  executive without regard to whether that behavior occurred in the  work-
    18  place  of the bidder. The information required by this subdivision shall
    19  be provided in electronic format in such form as prescribed by the divi-
    20  sion of human rights.
    21    (b) On or before the fifteenth of February of each year, copies of the
    22  reports required by paragraph (a) of this subdivision  received  in  the
    23  previous  calendar year shall be transmitted from the contracting agency
    24  to the division of human rights and the office of the state comptroller.
    25  The office of the state  comptroller  shall  prepare  an  annual  report
    26  summarizing  such  data,  which  shall be submitted to the governor, the
    27  temporary president of the senate, the speaker of the assembly  and  the
    28  chairpersons  of the senate finance, the assembly ways and means commit-
    29  tees, the attorney general, the commissioner of labor, and  the  commis-
    30  sioner  of the division of human rights by the thirty-first of July each
    31  year following the effective date of this section.   Such  report  shall
    32  include the name of the bidder; the total number of adverse judgments or
    33  administrative  rulings  during  the preceding year; the total number of
    34  employees; whether any equitable relief was ordered against  the  bidder
    35  in  any  adverse judgment or administrative ruling; and the total number
    36  of settlements, as defined in subparagraph (v) of paragraph (a) of  this
    37  subdivision, entered into during the preceding year.
    38    [2.] 3. Notwithstanding the foregoing, the statement required by para-
    39  graph  (a) of subdivision one of this section and the report required by
    40  paragraph (a) of subdivision two of this section may be submitted  elec-
    41  tronically  in  accordance  with  the provisions of subdivision seven of
    42  section one hundred sixty-three of this chapter.
    43    [3.] 4. A bid shall not be considered for award nor shall any award be
    44  made to a bidder who has not complied  with  [subdivision]  subdivisions
    45  one  and  two  of  this  section;  provided, however, that if the bidder
    46  cannot make the foregoing certification, such bidder shall so state  and
    47  shall furnish with the bid a signed statement which sets forth in detail
    48  the reasons therefor.
    49    [4.]  5. Any bid hereafter made to the state or any public department,
    50  agency or official thereof, by a corporate bidder for work  or  services
    51  performed or to be performed or goods sold or to be sold, where such bid
    52  contains  the  statement required by subdivision one of this section and
    53  the report required by subdivision two of this section, shall be  deemed
    54  to  have  been  authorized by the board of directors of such bidder, and
    55  such authorization shall be deemed to include the signing and submission

        S. 7505--A                         47                         A. 9505--A

     1  of such bid and the inclusion therein of such statement and such  report
     2  as the act and deed of the corporation.
     3    §  2.  This act shall take effect on the first of July next succeeding
     4  the date upon which it shall have become a law and shall  apply  to  all
     5  contracts with the state entered into on and after such effective date.

     6                                   PART CC

     7    Section  1.  Subdivision  3  of  section  17 of the alcoholic beverage
     8  control law, as amended by section 8 of chapter 522 of the laws of 2018,
     9  is amended to read as follows:
    10    3. To revoke, cancel or suspend for cause any license or permit issued
    11  under this chapter and/or to impose a civil penalty  for  cause  against
    12  any  holder  of a license or permit issued pursuant to this chapter. Any
    13  civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
    14  dollars  as  against  the holder of any retail permit issued pursuant to
    15  sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
    16  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    17  and  as  against  the  holder  of  any retail license issued pursuant to
    18  sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
    19  five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
    20  sixty-four-c, seventy-six-f, seventy-nine, eighty-one  and  eighty-one-a
    21  of  this chapter, and as against the holder of any license issued pursu-
    22  ant to section forty of this chapter, and the  sum  of  thirty  thousand
    23  dollars  as  against the holder of a license issued pursuant to sections
    24  thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b,  seventy-six,
    25  seventy-six-a,  and  seventy-eight  of  this  chapter, provided that the
    26  civil penalty against the holder of a wholesale license issued  pursuant
    27  to  section  fifty-three of this chapter shall not exceed the sum of ten
    28  thousand dollars where that licensee violates provisions of this chapter
    29  during the course of the sale of beer at retail to a person for consump-
    30  tion at home, and the sum of one hundred thousand dollars as against the
    31  holder of any license issued pursuant to sections fifty-one,  sixty-one,
    32  and  sixty-two of this chapter. Any civil penalty so imposed shall be in
    33  addition to and separate and apart from the terms and provisions of  the
    34  bond  required  pursuant  to section one hundred twelve of this chapter.
    35  Provided that no appeal is pending  on  the  imposition  of  such  civil
    36  penalty, in the event such civil penalty imposed by the division remains
    37  unpaid,  in  whole  or  in part, more than forty-five days after written
    38  demand for payment has been sent by first class mail to the  address  of
    39  the  licensed  premises, a notice of impending default judgment shall be
    40  sent by first class mail to the licensed premises  and  by  first  class
    41  mail  to  the  last known home address of the person who signed the most
    42  recent license application.  The notice of  impending  default  judgment
    43  shall  advise  the licensee: (a) that a civil penalty was imposed on the
    44  licensee; (b) the date the penalty was imposed; (c) the  amount  of  the
    45  civil  penalty;  (d) the amount of the civil penalty that remains unpaid
    46  as of the date of the notice; (e) the violations  for  which  the  civil
    47  penalty  was imposed; and (f) that a judgment by default will be entered
    48  in the supreme court of the county in which the  licensed  premises  are
    49  located,  or  other  court  of  civil  jurisdiction  or  any other place
    50  provided for the entry of civil judgments within the state of  New  York
    51  unless  the  division  receives  full payment of all civil penalties due
    52  within twenty days of the date of the notice of impending default  judg-
    53  ment. If full payment shall not have been received by the division with-
    54  in  thirty  days of mailing of the notice of impending default judgment,

        S. 7505--A                         48                         A. 9505--A

     1  the division shall proceed to enter with such court a statement  of  the
     2  default  judgment  containing  the  amount  of  the penalty or penalties
     3  remaining due and unpaid, along with proof of mailing of the  notice  of
     4  impending  default  judgment. The filing of such judgment shall have the
     5  full force and effect of a default  judgment  duly  docketed  with  such
     6  court  pursuant  to  the  civil  practice law and rules and shall in all
     7  respects be governed by that chapter and may be  enforced  in  the  same
     8  manner  and  with  the same effect as that provided by law in respect to
     9  execution issued against property upon judgments of a court of record. A
    10  judgment entered pursuant to this subdivision shall remain in full force
    11  and effect for eight years notwithstanding any other provision of law.
    12    § 2. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
    13  law,  as  amended  by  section  9 of chapter 522 of the laws of 2018, is
    14  amended to read as follows:
    15    3. To revoke, cancel or suspend for cause any license or permit issued
    16  under this chapter and/or to impose a civil penalty  for  cause  against
    17  any  holder  of a license or permit issued pursuant to this chapter. Any
    18  civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
    19  dollars  as  against  the holder of any retail permit issued pursuant to
    20  sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
    21  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    22  and  as  against  the  holder  of  any retail license issued pursuant to
    23  sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
    24  five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
    25  sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and  eighty-one-a
    26  of  this chapter, and as against the holder of any license issued pursu-
    27  ant to section forty of this chapter, and the  sum  of  thirty  thousand
    28  dollars  as  against the holder of a license issued pursuant to sections
    29  thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b,  seventy-six,
    30  seventy-six-a and seventy-eight of this chapter, provided that the civil
    31  penalty  against  the  holder  of a wholesale license issued pursuant to
    32  section fifty-three of this chapter shall not  exceed  the  sum  of  ten
    33  thousand dollars where that licensee violates provisions of this chapter
    34  during the course of the sale of beer at retail to a person for consump-
    35  tion at home, and the sum of one hundred thousand dollars as against the
    36  holder  of  any license issued pursuant to sections fifty-one, sixty-one
    37  and sixty-two of this chapter. Any civil penalty so imposed shall be  in
    38  addition  to and separate and apart from the terms and provisions of the
    39  bond required pursuant to section one hundred twelve  of  this  chapter.
    40  Provided  that  no  appeal  is  pending  on the imposition of such civil
    41  penalty, in the event such civil penalty imposed by the division remains
    42  unpaid, in whole or in part, more than  forty-five  days  after  written
    43  demand  for  payment has been sent by first class mail to the address of
    44  the licensed premises, a notice of impending default judgment  shall  be
    45  sent  by  first  class  mail to the licensed premises and by first class
    46  mail to the last known home address of the person who  signed  the  most
    47  recent  license  application.   The notice of impending default judgment
    48  shall advise the licensee: (a) that a civil penalty was imposed  on  the
    49  licensee;  (b)  the  date the penalty was imposed; (c) the amount of the
    50  civil penalty; (d) the amount of the civil penalty that  remains  unpaid
    51  as  of  the  date  of the notice; (e) the violations for which the civil
    52  penalty was imposed; and (f) that a judgment by default will be  entered
    53  in  the  supreme  court of the county in which the licensed premises are
    54  located, or other court  of  civil  jurisdiction,  or  any  other  place
    55  provided  for  the entry of civil judgments within the state of New York
    56  unless the division receives full payment of  all  civil  penalties  due

        S. 7505--A                         49                         A. 9505--A

     1  within  twenty days of the date of the notice of impending default judg-
     2  ment. If full payment shall not have been received by the division with-
     3  in thirty days of mailing of the notice of impending  default  judgment,
     4  the  division  shall proceed to enter with such court a statement of the
     5  default judgment containing the  amount  of  the  penalty  or  penalties
     6  remaining  due  and unpaid, along with proof of mailing of the notice of
     7  impending default judgment. The filing of such judgment shall  have  the
     8  full  force  and  effect  of  a default judgment duly docketed with such
     9  court pursuant to the civil practice law and  rules  and  shall  in  all
    10  respects  be  governed  by  that chapter and may be enforced in the same
    11  manner and with the same effect as that provided by law  in  respect  to
    12  execution issued against property upon judgments of a court of record. A
    13  judgment entered pursuant to this subdivision shall remain in full force
    14  and effect for eight years notwithstanding any other provision of law.
    15    §  3.  The  alcoholic  beverage control law is amended by adding a new
    16  article 3-A to read as follows:
    17                                  ARTICLE 3-A
    18                           MISCELLANEOUS LICENSES
    19  Section 40. Higher education institution license.
    20    § 40. Higher education institution license. 1. Any college or  univer-
    21  sity  accredited by the board of regents of the New York state education
    22  department may apply to the liquor  authority  for  a  higher  education
    23  institution  license  as  provided for in this section. Such application
    24  shall be in writing and shall contain such  information  as  the  liquor
    25  authority  shall  require.  Such  application  shall be accompanied by a
    26  check or draft for the amount required  by  this  subdivision  for  such
    27  license.  If the liquor authority shall approve the application it shall
    28  issue a license in such form as shall be determined by  its  rules.  The
    29  annual fee for a higher education institution license shall be two thou-
    30  sand dollars.
    31    2. A licensee under this section shall have the following privileges:
    32    (a)  To operate a manufacturing facility or facilities at the licensed
    33  premises for the production of mead, beer, cider, liquor, and wine;  the
    34  licensee  may:  (i)  sell in bulk such alcoholic beverages to any person
    35  licensed under this chapter to manufacture the class of alcoholic bever-
    36  age to be purchased, or to a permittee engaged  in  the  manufacture  of
    37  products  which  are  unfit  for beverage use; (ii) sell or deliver such
    38  alcoholic beverages to persons outside the state pursuant to the laws of
    39  the place of such delivery;
    40    (b) To sell to manufacturers, wholesalers, and retailers  licensed  or
    41  permitted  in  this  state  any  alcoholic  beverage manufactured by the
    42  licensee which that manufacturer, wholesaler or retailer may  sell.  All
    43  such alcoholic beverages sold by the licensee must be securely sealed in
    44  a  container  and  have attached thereto a label as shall be required by
    45  section one hundred seven-a of this chapter;
    46    (c) (i) (A) To sell at retail for on and off premises consumption  any
    47  alcoholic  beverage  manufactured by the licensee and any New York state
    48  labeled alcoholic beverage provided that for on-premises consumption the
    49  licensee regularly keeps food available such as  sandwiches,  soups  and
    50  other such foods, whether fresh, processed, pre-cooked or frozen, and/or
    51  food  items  intended  to complement the tasting of alcoholic beverages,
    52  which shall mean a diversified selection  of  food  that  is  ordinarily
    53  consumed  without  the use of tableware and can be conveniently consumed
    54  while standing or  walking,  including  but  not  limited  to:  cheeses,
    55  fruits, vegetables, chocolates, breads, mustards and crackers. (B) Sales
    56  made  under  clause (A) for off-premises consumption may be made only to

        S. 7505--A                         50                         A. 9505--A

     1  customers who are physically present upon the licensed premises and such
     2  sale shall be concluded by the customer's taking, with him  or  her,  of
     3  the sealed containers purchased by such customer at the time the custom-
     4  er  leaves the licensed premises. Such sales shall not be made where the
     5  order is placed by letter,  telephone,  fax,  or  email,  or  where  the
     6  customer  otherwise does not place the order while the customer is phys-
     7  ically present upon the licensed premises; (ii) to operate a restaurant,
     8  hotel, catering establishment, or other food and drinking  establishment
     9  at  the licensed premises and sell at such place, at retail for consump-
    10  tion on the premises, any alcoholic beverage manufactured by the  licen-
    11  see and any New York state labeled alcoholic beverage; (iii) to apply to
    12  the  authority  for a license under this chapter to sell other alcoholic
    13  beverages at retail for consumption at the licensed premises.    All  of
    14  the provisions of this chapter relative to licenses to sell beer, liquor
    15  or  wine at retail for consumption on the premises shall apply as far as
    16  applicable; (iv) to sell alcoholic beverages manufactured by the  licen-
    17  see  at  the  state fair, recognized county fairs and at farmers markets
    18  operated on a not-for-profit basis;  (v)  to  sell  alcoholic  beverages
    19  produced  by  the  licensee  in  bulk  by  the  keg, cask, or barrel for
    20  consumption and not for resale at a clam-bake, barbeque, picnic or simi-
    21  lar outdoor gathering;
    22    (d) To manufacture, bottle and sell food condiments and products  such
    23  as  honey,  mustards,  sauces,  jams,  jellies, mulling spices and other
    24  alcoholic beverage related foods in addition  to  other  such  food  and
    25  crafts  on  and from the licensed premises. Such license shall authorize
    26  the holder thereof to store and sell gift items in a tax-paid room  upon
    27  the  licensed  premises  incidental  to the sale of alcoholic beverages.
    28  These gift items shall be limited to the following categories: (i)  non-
    29  alcoholic  beverages  for  consumption on or off premises, including but
    30  not limited to bottled water, juice and soda beverages; (ii) food  items
    31  for the purpose of complementing alcoholic beverages, which shall mean a
    32  diversified  selection  of  food that is ordinarily consumed without the
    33  use of tableware and can be  conveniently  consumed  while  standing  or
    34  walking.  Such  food  items  shall  include  but need not be limited to:
    35  cheeses, fruits, vegetables, chocolates, breads, baked  goods,  mustards
    36  and  crackers;  (iii)  food  items, which shall include locally produced
    37  farm products and any food or food product not specifically prepared for
    38  immediate consumption upon the premises. Such food items may be combined
    39  into a package containing alcoholic beverages; (iv)  alcoholic  beverage
    40  supplies  and accessories, which shall include any item utilized for the
    41  storage, serving or consumption of alcoholic beverages or for decorative
    42  purposes. These supplies may be sold as single items or may be  combined
    43  into  a  package  containing alcoholic beverages; (v) alcoholic beverage
    44  equipment and supplies including, but not limited to: honey, home  alco-
    45  holic  beverage-making kits, pumps, filters, yeasts, chemicals and other
    46  alcoholic beverage additives,  bottling  equipment,  bottles,  alcoholic
    47  beverage  storage  and  fermenting  vessels, barrels, and books or other
    48  written material to assist alcoholic  beverage  makers  to  produce  and
    49  bottle  alcoholic  beverages;  and  (vi)  souvenir  items,  which  shall
    50  include, but need not be limited to: artwork, crafts, clothing, agricul-
    51  tural products and any other articles which can be construed  to  propa-
    52  gate tourism within the region.
    53    (e)  To  engage  in  any other business on the licensed premises as is
    54  compatible with the mission of a college and university  and  compatible
    55  with  the  policy  and  purposes of this chapter in consideration of the

        S. 7505--A                         51                         A. 9505--A

     1  effect of the particular businesses on the community  and  area  in  the
     2  vicinity of the licensed premises.
     3    (f)  Notwithstanding  any  contrary provision of law or of any rule or
     4  regulation promulgated pursuant thereto, and in addition to  the  activ-
     5  ities  which  may  otherwise be carried out by any person licensed under
     6  this section, such person  may,  on  the  premises  designated  in  such
     7  license:  (i) produce, package, bottle, sell and deliver soft drinks and
     8  other  non-alcoholic  beverages;  (ii) recover carbon dioxide and yeast;
     9  (iii) store bottles, packages and supplies necessary  or  incidental  to
    10  all  such  operations;  (iv)  package,  bottle,  sell  and  deliver wine
    11  products; (v) allow for the premises including space and equipment to be
    12  rented by a licensed tenant alcoholic beverage producer for the purposes
    13  of alternation.
    14    (g) The authority is hereby authorized to promulgate rules  and  regu-
    15  lations  to  effectuate  the  provisions of this section. In prescribing
    16  such rules and regulations, the authority shall  promote  the  expansion
    17  and profitability of alcoholic beverage production and of tourism in New
    18  York,  thereby promoting the conservation, production and enhancement of
    19  New York sate agricultural lands.
    20    3.(a) Any activities authorized under this section and carried out  by
    21  an  entity  licensed  pursuant to this section shall not be violative of
    22  subdivision one of section  one  hundred  one,  subdivision  sixteen  of
    23  section one hundred five, or subdivision thirteen of section one hundred
    24  six  of  this  chapter  provided  such entity has no interests direct or
    25  indirect in the manufacture, wholesale, or retail of alcoholic beverages
    26  other than at the licensed premises.
    27    (b) Provided however that if the licensed entity has  an  interest  in
    28  the manufacture or wholesale or alcoholic beverages at another location,
    29  such  interest  shall  be  permissible  where: (i) the interest is total
    30  ownership, or (ii) where the interest is less than total ownership,  and
    31  (A)  the  manufacturer  or  wholesaler does not, directly or indirectly,
    32  exercise control over or participate in management of the  retail  busi-
    33  ness  of  the  licensed  entity; (B) the interest does not result in the
    34  retail business of the licensed entity  purchasing  alcoholic  beverages
    35  from  the manufacturer or wholesaler to the exclusion, in whole or part,
    36  of alcoholic beverages offered  for  sale  by  other  persons;  (C)  the
    37  products  and services of the manufacturer or wholesaler are not offered
    38  discriminatorily in that they are offered to all retailers in the  local
    39  market  on  the  same terms; and (D) the retail business of the licensed
    40  entity purchases alcoholic beverages from a  wholesaler  licensed  under
    41  this chapter without an interest in the retail business of such licensed
    42  entity  when  purchasing  alcoholic  beverages  not  manufactured by the
    43  licensee.
    44    (c) Provided further that if the licensed entity has  an  interest  in
    45  retail  sale  of  alcoholic beverages at another location, such interest
    46  shall be permissible where: (i) the interest is total ownership, or (ii)
    47  where the interest is less than total ownership, and  (A)  the  retailer
    48  does  not,  directly or indirectly, exercise control over or participate
    49  in management of  the  manufacturing  or  wholesaling  business  of  the
    50  licensed entity; (B) the interest does not result in the retail business
    51  of  the licensed entity purchasing alcoholic beverages from the manufac-
    52  turer or wholesaler to the exclusion, in whole or in part, of  alcoholic
    53  beverages  offered  for  sale  by other persons; (C) the retail business
    54  purchases alcoholic beverages from  a  wholesaler  licensed  under  this
    55  chapter without an interest in the retail business when purchasing alco-
    56  holic beverages not manufactures by the licensee.

        S. 7505--A                         52                         A. 9505--A

     1    §  4.  Subdivision 1 of section 56-a of the alcoholic beverage control
     2  law, as amended by chapter 522 of the laws of 2018, is amended  to  read
     3  as follows:
     4    1.  In addition to the annual fees provided for in this chapter, there
     5  shall be paid to the authority  with  each  initial  application  for  a
     6  license  filed pursuant to section thirty, thirty-one, forty, fifty-one,
     7  fifty-one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c,  fifty-
     8  eight-d,  sixty-one,  sixty-two,  seventy-six, seventy-seven or seventy-
     9  eight of this chapter, a filing fee of four hundred dollars;  with  each
    10  initial application for a license filed pursuant to section sixty-three,
    11  sixty-four,  sixty-four-a  or sixty-four-b of this chapter, a filing fee
    12  of two hundred dollars; with each  initial  application  for  a  license
    13  filed  pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-
    14  five-a, seventy-nine, eighty-one or  eighty-one-a  of  this  chapter,  a
    15  filing  fee  of one hundred dollars; with each initial application for a
    16  permit filed pursuant to section ninety-one,  ninety-one-a,  ninety-two,
    17  ninety-two-a,  ninety-three,  ninety-three-a,  if  such  permit is to be
    18  issued on a calendar year basis, ninety-four, ninety-five, ninety-six or
    19  ninety-six-a, or pursuant to paragraph b, c, e or j of  subdivision  one
    20  of  section ninety-nine-b of this chapter if such permit is to be issued
    21  on a calendar year basis, or for an additional bar pursuant to  subdivi-
    22  sion four of section one hundred of this chapter, a filing fee of twenty
    23  dollars;  and  with  each application for a permit under section ninety-
    24  three-a of this chapter, other than a permit to be issued on a  calendar
    25  year  basis, section ninety-seven, ninety-eight, ninety-nine, or ninety-
    26  nine-b of this chapter, other than a permit to  be  issued  pursuant  to
    27  paragraph  b,  c,  e or j of subdivision one of section ninety-nine-b of
    28  this chapter on a calendar year basis, a filing fee of ten dollars.
    29    § 5. This act shall take effect October 1,  2020,  provided  that  the
    30  amendments  to  subdivision  3  of  section 17 of the alcoholic beverage
    31  control law made by section one of this act  shall  be  subject  to  the
    32  expiration  and  reversion  of such subdivision pursuant to section 4 of
    33  chapter 118 of the laws of 2012, as amended, when  upon  such  date  the
    34  provisions of section two of this act shall take effect.

    35                                   PART DD

    36    Section  1.  Section  106  of  the  alcoholic  beverage control law is
    37  amended by adding a new subdivision 16 to read as follows:
    38    16. A person holding a retail on-premises license for a movie  theatre
    39  granted pursuant to section sixty-four-a of this chapter shall:
    40    (a) for every purchase of an alcoholic beverage, require the purchaser
    41  to  provide  written  evidence  of  age as set forth in paragraph (b) of
    42  subdivision two of section sixty-five-b of this chapter; and
    43    (b) allow the purchase of only one alcoholic beverage per transaction;
    44  and
    45    (c) only permit the sale or delivery of alcoholic  beverages  directly
    46  to  an  individual  holding  a ticket for a motion picture with a Motion
    47  Picture Association of America rating of "PG-13", "R", or "NC-17"; and
    48    (d) not commence the sale of alcoholic beverages until one hour  prior
    49  to the start of the first motion picture and cease all sales of alcohol-
    50  ic beverages after the conclusion of the final motion picture.
    51    §  2.  Subdivision 6 of section 64-a of the alcoholic beverage control
    52  law, as amended by chapter 475 of the laws of 2011, is amended  to  read
    53  as follows:

        S. 7505--A                         53                         A. 9505--A

     1    6. No special on-premises license shall be granted except for premises
     2  in  which the principal business shall be (a) the sale of food or bever-
     3  ages at retail for consumption on the premises or (b) the operation of a
     4  legitimate theatre, including a motion picture theatre that is a  build-
     5  ing  or facility which is regularly used and kept open primarily for the
     6  exhibition of motion pictures for at least five  out  of  seven  days  a
     7  week,  or  on  a  regular  seasonal basis of no less than six contiguous
     8  weeks, to the general public where all auditorium seating is permanently
     9  affixed to the floor and at  least  sixty-five  percent  of  the  motion
    10  picture theatre's annual gross revenues is the combined result of admis-
    11  sion revenue for the showing of motion pictures and the sale of food and
    12  non-alcoholic  beverages,  or  such  other lawful adult entertainment or
    13  recreational facility as the liquor authority, giving due regard to  the
    14  convenience  of  the public and the strict avoidance of sales prohibited
    15  by this chapter, shall by regulation classify for eligibility.  [Nothing
    16  contained  in this subdivision shall be deemed to authorize the issuance
    17  of a license to a motion picture theatre, except those meeting the defi-
    18  nition of restaurant and meals, and where all seating is at tables where
    19  meals are served.]
    20    § 3. Subdivision 8 of section 64-a of the alcoholic  beverage  control
    21  law,  as added by chapter 531 of the laws of 1964, is amended to read as
    22  follows:
    23    8. Every special on-premises licensee shall regularly keep food avail-
    24  able for sale to its customers for  consumption  on  the  premises.  The
    25  availability  of  sandwiches, soups or other foods, whether fresh, proc-
    26  essed, pre-cooked or  frozen,  shall  be  deemed  compliance  with  this
    27  requirement. For motion picture theatres licensed under paragraph (b) of
    28  subdivision  six  of  this  section,  food  that is typically found in a
    29  motion picture theatre, including but not limited  to:  popcorn,  candy,
    30  and light snacks, shall be deemed to be in compliance with this require-
    31  ment. The licensed premises shall comply at all times with all the regu-
    32  lations  of  the  local  department of health. Nothing contained in this
    33  subdivision, however, shall be construed to require  that  any  food  be
    34  sold  or  purchased  with  any liquor, nor shall any rule, regulation or
    35  standard be promulgated or enforced requiring that the sale of  food  be
    36  substantial  or  that  the  receipts of the business other than from the
    37  sale of liquor equal any set percentage of  total  receipts  from  sales
    38  made therein.
    39    §  4.  Subdivision 9 of section 64-a of the alcoholic beverage control
    40  law is renumbered subdivision 10 and a new subdivision  9  is  added  to
    41  read as follows:
    42    9.  In  the  case  of  a motion picture theatre applying for a license
    43  under this section, any  municipality  required  to  be  notified  under
    44  section  one  hundred  ten-b of this chapter may express an opinion with
    45  respect to whether the application should be approved, and such  opinion
    46  may  be  considered in determining whether good cause exists to deny any
    47  such application.
    48    § 5. This act shall take effect immediately.

    49                                   PART EE

    50    Section 1. Subdivision 1 of section  101  of  the  alcoholic  beverage
    51  control  law  is  amended  by  adding  a  new paragraph (a-1) to read as
    52  follows:
    53    (a-1) Notwithstanding the provisions of paragraph (a) of this subdivi-
    54  sion, it shall be lawful for  a  manufacturer  or  wholesaler  to  hold,

        S. 7505--A                         54                         A. 9505--A

     1  directly  or  indirectly,  an interest in a premises licensed under this
     2  chapter where alcoholic beverages are sold at retail, provided that:
     3    (i)  the  manufacturer or wholesaler does not, directly or indirectly,
     4  exercise control over or participate in the management of the retailer's
     5  business or business decisions;
     6    (ii) the interest does not result in the retailer purchasing alcoholic
     7  beverages from the manufacturer or wholesaler to the exclusion, in whole
     8  or in part, of alcoholic beverages offered for sale by other persons;
     9    (iii) the products and services of the manufacturer or wholesaler  are
    10  not  offered  discriminatorily in that they are offered to all retailers
    11  in the local market on the same terms; and
    12    (iv) the retailer purchases  alcoholic  beverages  from  a  wholesaler
    13  licensed under this chapter without an interest in the retailer.
    14    §  2.  Subdivision  1 of section 101 of the alcoholic beverage control
    15  law is amended by adding a new paragraph (a-2) to read as follows:
    16    (a-2) The provisions of paragraphs (a) and (a-1) of  this  subdivision
    17  shall  not apply to a manufacturer or wholesaler with complete ownership
    18  of a premises where alcoholic beverages are sold at retail.
    19    § 3. Subdivision 1 of section 101 of the  alcoholic  beverage  control
    20  law is amended by adding a new paragraph (c-1) to read as follows:
    21    (c-1)  The  direct  or  indirect  operation and management of a retail
    22  premises licensed under this chapter by  a  manufacturer  or  wholesaler
    23  with complete ownership of the premises shall not constitute a prohibit-
    24  ed gift or service.
    25    §  4.  Section 105 of the alcoholic beverage control law is amended by
    26  adding a new subdivision 16-a to read as follows:
    27    16-a. Notwithstanding the provisions of subdivision  sixteen  of  this
    28  section,  it  shall  be  lawful  for  a retail licensee for off-premises
    29  consumption to hold, directly or indirectly, an interest in  a  manufac-
    30  turer or wholesaler, provided that:
    31    (a) the retail licensee does not exercise, direct or indirect, control
    32  over  or  participate  in  the  management of the manufacturer or whole-
    33  saler's business or business decisions;
    34    (b) the interest does  not  result  in  the  retailer  purchasing  the
    35  manufacturer  or  wholesaler's  alcoholic beverages to the exclusion, in
    36  whole or in part, of alcoholic  beverages  offered  for  sale  by  other
    37  persons; and
    38    (c)  the  retail  licensee  purchases  its  alcoholic beverages from a
    39  wholesaler licensed under this chapter that the retail licensee does not
    40  hold an interest in.
    41    § 5. Section 105 of the alcoholic beverage control law is  amended  by
    42  adding a new subdivision 16-b to read as follows:
    43    16-b.  The  provisions  of  subdivisions sixteen and sixteen-a of this
    44  section shall not apply to a retail licensee for  off-premises  consump-
    45  tion with complete ownership of a manufacturer or wholesaler.
    46    §  6.  Section 106 of the alcoholic beverage control law is amended by
    47  adding a new subdivision 13-a to read as follows:
    48    13-a. Notwithstanding the provisions of subdivision thirteen  of  this
    49  section,  it  shall  be  lawful  for  a  retail licensee for on-premises
    50  consumption to hold, directly or indirectly, an interest in  a  manufac-
    51  turer or wholesaler licensed under this chapter, provided that:
    52    (a) the retail licensee does not exercise, direct or indirect, control
    53  over  or  participate  in  the  management of the manufacturer or whole-
    54  saler's business or business decisions;
    55    (b) the interest does  not  result  in  the  retailer  purchasing  the
    56  manufacturer  or  wholesaler's  alcoholic beverages to the exclusion, in

        S. 7505--A                         55                         A. 9505--A

     1  whole or in part, of alcoholic  beverages  offered  for  sale  by  other
     2  persons; and
     3    (c)  the  retail  licensee  purchases  its  alcoholic beverages from a
     4  wholesaler licensed under this chapter that the retail licensee does not
     5  hold an interest in.
     6    § 7. Section 106 of the alcoholic beverage control law is  amended  by
     7  adding a new subdivision 13-b to read as follows:
     8    13-b. The provisions of paragraph a of subdivision thirteen and subdi-
     9  vision  thirteen-a  shall not apply to a retail licensee for on-premises
    10  consumption with complete ownership of a manufacturer or wholesaler.
    11    § 8. This act shall take effect immediately.

    12                                   PART FF

    13    Section 1. Paragraphs (a) and (b) of subdivision 5 of section  106  of
    14  the alcoholic beverage control law, as amended by chapter 83 of the laws
    15  of  1995,  is  amended,  and  a  new  paragraph (c) is added, to read as
    16  follows:
    17    (a) Except as provided in paragraph (c) of this subdivision, on
    18    (b) [On] Except as provided in paragraph (c) of  this  subdivision  on
    19  any other day between four ante meridiem and eight ante meridiem
    20    (c)  On any day between three ante meridian and six ante meridian, for
    21  a premises located within  an international airport owned or operated by
    22  the Port Authority of New York and New Jersey.  The provisions  of  this
    23  paragraph  shall not be subject to change pursuant to subdivision eleven
    24  of section seventeen of this chapter.
    25    § 2. This act shall take effect immediately.

    26                                   PART GG

    27    Section 1. The section heading and subdivisions  1,  2,  3  and  7  of
    28  section  87  of  the  workers' compensation law, the section heading and
    29  subdivision 1 as amended and subdivisions 2, 3 and 7 as added by section
    30  20 of part GG of chapter 57 of the laws of 2013, are amended to read  as
    31  follows:
    32    [Investment of surplus or reserve] Investments.  1. Any of the reserve
    33  funds belonging to the state insurance fund, by order of the commission-
    34  ers,  approved  by  the  superintendent  of  financial  services, may be
    35  invested in the types of [securities] investments described in [subdivi-
    36  sions one, two, three, four, five, six, eleven, twelve, twelve-a,  thir-
    37  teen,  fourteen,  fifteen,  nineteen,  twenty, twenty-one, twenty-one-a,
    38  twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
    39  of section two hundred thirty-five of the banking law or  in  paragraph]
    40  paragraphs  one  through  four of subsection (b) of section one thousand
    41  four hundred two of the insurance law and paragraphs  one,  two,  three,
    42  four,  five,  six,  seven,  and  eleven of subsection (a) of section one
    43  thousand four hundred four of the insurance law except that a minimum of
    44  [up to] five percent of such reserve funds [may] shall  be  invested  in
    45  the  types  of  securities  [of  any  solvent  American  institution as]
    46  described in [such paragraph irrespective of the rating of  such  insti-
    47  tution's  obligations  or  other similar qualitative standards described
    48  therein] paragraphs one through four of subsection (b)  of  section  one
    49  thousand four hundred two of the insurance law.
    50    2.  Any  [of  the surplus] funds belonging to the state insurance fund
    51  exceeding seventy percent  of  the  aggregate  of  loss  reserves,  loss
    52  expense reserves, and unearned premium reserves, by order of the commis-

        S. 7505--A                         56                         A. 9505--A

     1  sioners,  approved  by  the superintendent of financial services, may be
     2  invested in the types of [securities described in subdivisions one, two,
     3  three, four, five, six, eleven, twelve,  twelve-a,  thirteen,  fourteen,
     4  fifteen,  nineteen, twenty, twenty-one, twenty-one-a, twenty-four, twen-
     5  ty-four-a, twenty-four-b, twenty-four-c and twenty-five of  section  two
     6  hundred  thirty-five  of  the  banking  law  or,  up to fifty percent of
     7  surplus funds, in the types of securities or] investments  described  in
     8  [paragraphs two, three, eight and ten of] paragraphs one through four of
     9  subsection (b) of section one thousand four hundred two of the insurance
    10  law  and subsection (a) of section one thousand four hundred four of the
    11  insurance law, [except that up to ten percent of surplus  funds  may  be
    12  invested  in  the  securities  of  any  solvent  American institution as
    13  described in such paragraphs irrespective of the rating of  such  insti-
    14  tution's  obligations  or  other similar qualitative standards described
    15  therein,] but such investments shall not be subject to  the  qualitative
    16  standards  or  quantitative limitations which are set forth with respect
    17  to any investment permitted  by  such  subsection  and,  up  to  fifteen
    18  percent of [surplus] such funds, in [securities or] investments which do
    19  not otherwise qualify for investment under this section as shall be made
    20  with  the  care,  prudence  and  diligence  under the circumstances then
    21  prevailing that a prudent person acting in a like capacity and  familiar
    22  with  such  matters  would use in the conduct of an enterprise of a like
    23  character and with like aims as provided for the  state  insurance  fund
    24  under  this article, but shall not include any direct derivative instru-
    25  ment or derivative transaction except for hedging purposes.    [Notwith-
    26  standing  any  other provision in this subdivision, the aggregate amount
    27  that the state insurance fund may invest in the types of  securities  or
    28  investments  described  in paragraphs three, eight and ten of subsection
    29  (a) of section one thousand four hundred four of the insurance  law  and
    30  as  a  prudent person acting in a like capacity would invest as provided
    31  in this subdivision shall not  exceed  fifty  percent  of  such  surplus
    32  funds.]
    33    3. Any [of the surplus or reserve] funds belonging to the state insur-
    34  ance  fund,  upon  like  approval  of  the  superintendent  of financial
    35  services, may be loaned on  the  pledge  of  any  such  securities.  The
    36  commissioners,  upon  like  approval  of the superintendent of financial
    37  services, may also sell any of such securities or investments.
    38    7. Notwithstanding any provision in this  section,  the  [surplus  and
    39  reserve]  funds of the state insurance fund shall not be invested in any
    40  investment that has  been  found  by  the  superintendent  of  financial
    41  services  to be against public policy or in any investment prohibited by
    42  the provisions of [paragraph six of subsection (a) of section one  thou-
    43  sand  four  hundred  four  of the insurance law or by the provisions of]
    44  paragraph one, two, three, four, six,  seven,  eight,  nine  or  ten  of
    45  subsection  (a) of section one thousand four hundred seven of the insur-
    46  ance law or in excess of any  limitation  provided  under  sections  one
    47  thousand  four  hundred  eight and one thousand four hundred nine of the
    48  insurance law.
    49    § 2. This act shall take effect July 1, 2020;  provided,  however,  if
    50  this  act  shall become a law after such date it shall take effect imme-
    51  diately and shall be deemed to have been in full force and effect on and
    52  after July 1, 2020.

    53                                   PART HH

        S. 7505--A                         57                         A. 9505--A

     1    Section 1. Paragraph (a) of subdivision 5 of section 54 of  the  work-
     2  ers' compensation law, as amended by chapter 469 of the laws of 2017, is
     3  amended to read as follows:
     4    (a)  Cancellation  and termination of insurance contracts. No contract
     5  of insurance issued by an insurance carrier  against  liability  arising
     6  under  this  chapter  shall be cancelled within the time limited in such
     7  contract for its expiration unless notice is given as required  by  this
     8  section. When cancellation is due to non-payment of premiums and assess-
     9  ments,  such cancellation shall not be effective until at least ten days
    10  after a notice of cancellation of such contract, on a date specified  in
    11  such  notice,  shall be filed in the office of the chair and also served
    12  on the employer. When cancellation is due to any reason other than  non-
    13  payment  of  premiums  and  assessments,  such cancellation shall not be
    14  effective until at least thirty days after a notice of  cancellation  of
    15  such contract, on a date specified in such notice, shall be filed in the
    16  office  of the chair and also served on the employer; provided, however,
    17  in either case, that if the employer has secured insurance with  another
    18  insurance carrier which becomes effective prior to the expiration of the
    19  time  stated  in  such notice, the cancellation shall be effective as of
    20  the date of such other coverage. No insurer shall refuse  to  renew  any
    21  policy  insuring  against liability arising under this chapter unless at
    22  least thirty days prior to its expiration notice  of  intention  not  to
    23  renew  has  been filed in the office of the chair and also served on the
    24  employer.
    25    Such notice shall be served on the employer by delivering it  to  him,
    26  her  or  it or by sending it by mail, by certified or registered letter,
    27  return receipt requested, addressed to the employer at his, her  or  its
    28  last  known place of business; provided that, if the employer be a part-
    29  nership, then such notice may be so given to any of one of the partners,
    30  and if the employer be a corporation then the notice may be given to any
    31  agent or officer of the corporation  upon  whom  legal  process  may  be
    32  served;  and  further provided that an employer may designate any person
    33  or entity at any address to receive such  notice  including  the  desig-
    34  nation  of  one person or entity to receive notice on behalf of multiple
    35  entities insured under one insurance policy and that service  of  notice
    36  at  the address so designated upon the person or entity so designated by
    37  delivery or by mail, by certified or registered letter,  return  receipt
    38  requested,  shall  satisfy  the  notice  requirement  of  this  section.
    39  [Provided, however, the] The right to cancellation of a policy of insur-
    40  ance in the state insurance fund, however, shall be exercised  only  for
    41  non-payment  of  premiums and assessments, or failure by the employer to
    42  cooperate with a payroll audit, or as provided in section ninety-four of
    43  this chapter.  The state insurance fund may  cancel  a  policy  for  the
    44  employer's  failure  to  cooperate  with a payroll audit if the employer
    45  fails (i) either to make or keep an appointment during regular  business
    46  hours with a payroll auditor, after the state insurance fund has made at
    47  least  two  attempts  to arrange an appointment including contacting the
    48  employer's broker or accountant, if any, or  (ii)  to  furnish  business
    49  records  in  the  course  of  a  payroll  audit  as required pursuant to
    50  sections ninety-five and one hundred  thirty-one  of  this  chapter.  At
    51  least  fifteen  days  in advance of sending a notice of cancellation for
    52  failure to cooperate with a payroll  audit,  the  state  insurance  fund
    53  shall  send  a  warning  notice  to  the  employer in the same manner as
    54  provided in this subdivision for serving a notice of cancellation.  Such
    55  notice  shall  specify a means of contacting the state insurance fund to
    56  set up an audit appointment. The state insurance fund will  be  required

        S. 7505--A                         58                         A. 9505--A

     1  to  provide  only  one such warning notice to an employer related to any
     2  particular payroll audit prior to cancellation.
     3    The  provisions  of  this  subdivision shall not apply with respect to
     4  policies containing coverage pursuant to subsection (j) of section three
     5  thousand four hundred twenty of the  insurance  law  relating  to  every
     6  policy  providing  comprehensive  personal liability insurance on a one,
     7  two, three or four family owner-occupied dwelling.
     8    In the event such cancellation or termination notice is not filed with
     9  the chair within the required time period,  the  chair  shall  impose  a
    10  penalty  in  the  amount  of up to five hundred dollars for each ten-day
    11  period the insurance carrier or state insurance fund failed to file  the
    12  notification. All penalties collected pursuant to this subdivision shall
    13  be deposited in the uninsured employers' fund.
    14    §  2.  Section  93  of  the  workers'  compensation law, as amended by
    15  section 24 of part GG of chapter 57 of the laws of 2013, is  amended  to
    16  read as follows:
    17    §  93.  Collection of premium in case of default. a. If a policyholder
    18  shall default in any payment required to be made by [him]  such  policy-
    19  holder  to  the  state  insurance fund or shall fail to cooperate with a
    20  payroll audit as specified in subdivision five of section fifty-four  of
    21  this  chapter,  after due notice, [his] such policyholder's insurance in
    22  the state insurance fund may be cancelled and the amount due from  [him]
    23  such  policyholder  shall  be  collected by civil action brought against
    24  [him] such policyholder in any county wherein the state  insurance  fund
    25  maintains an office in the name of the commissioners of the state insur-
    26  ance  fund  and  the  same, when collected, shall be paid into the state
    27  insurance fund, and such policyholder's compliance with  the  provisions
    28  of  this  chapter  requiring  payments to be made to the state insurance
    29  fund shall date from the time of the payment of said money to the  state
    30  insurance fund.
    31    b.  An  employer,  whose policy of insurance has been cancelled by the
    32  state insurance fund for non-payment of premium and assessments, or  for
    33  failure  to  cooperate  with  a  payroll audit, or [withdraws] cancelled
    34  pursuant to section  ninety-four  of  this  article,  is  ineligible  to
    35  contract  for  a subsequent policy of insurance with the state insurance
    36  fund [while] until the state insurance fund  receives  full  cooperation
    37  from  such  employer  in  completing  any payroll audit on the cancelled
    38  policy and the billed premium on the cancelled  policy  [remains  uncol-
    39  lected]  is  paid, including any additional amounts billed following the
    40  completion of any payroll audit.
    41    c. The state insurance fund shall not be required to write a policy of
    42  insurance for any employer which is owned or controlled or the  majority
    43  interest of which is owned or controlled, directly or indirectly, by any
    44  person  who  directly  or  indirectly  owns  or  controls  or  owned  or
    45  controlled at the time of cancellation an employer whose  former  policy
    46  of insurance with the state insurance fund was cancelled for non-payment
    47  of  premium  and assessments, or for failure to cooperate with a payroll
    48  audit, or [withdraws] cancelled pursuant to section ninety-four of  this
    49  article,  or  who  is  or was at the time of cancellation the president,
    50  vice-president, secretary or treasurer of such  an  employer  until  the
    51  state  insurance  fund  receives  full cooperation from such employer in
    52  completing any payroll audit and the billed  premium  on  the  cancelled
    53  policy  is  paid,  including any additional amounts billed following the
    54  completion of any payroll audit.
    55    For purposes of this subdivision, "person" [shall include individuals,
    56  partnerships, corporations, and other associations] means  any  individ-

        S. 7505--A                         59                         A. 9505--A

     1  ual, firm, company, partnership, corporation, limited liability company,
     2  joint  venture, joint-stock association, association, trust or any other
     3  legal entity whatsoever.
     4    §  3. Section 95 of the workers' compensation law, as amended by chap-
     5  ter 135 of the laws of 1998, is amended to read as follows:
     6    § 95. Record and audit of payrolls.  (1) Every employer who is insured
     7  in the state insurance fund shall keep a true and accurate record of the
     8  number of [his] its employees,  the  classification  of  its  employees,
     9  information  regarding  employee  accidents  and the wages paid by [him]
    10  such employer, as well as such records relating to any person performing
    11  services under a subcontract with such employer who is not covered under
    12  the subcontractor's own  workers'  compensation  insurance  policy,  and
    13  shall  furnish, upon demand, a sworn statement of the same.  Such record
    14  and any  other  records  of  an  employer  containing  such  information
    15  pertaining  to  any  policy  period  including,  but not limited to, any
    16  payroll book, payroll and distribution records, cash book,  check  book,
    17  bank  account  statements, commission records, ledgers, journals, regis-
    18  ters,  vouchers,  contracts,  tax  returns  and  reports,  and  computer
    19  programs  for  retrieving  data, certificates of insurance pertaining to
    20  subcontractors and any other business records specified by the rules  of
    21  the board shall be open to inspection by the state insurance fund at any
    22  time  and as often as may be necessary to verify the number of employees
    23  [and], the amount of the payroll, the classification  of  employees  and
    24  information  regarding  employee accidents.  Any employer who shall fail
    25  to keep [such] any record required by this section, who shall  willfully
    26  fail  to  furnish  such  record  or who shall willfully falsify any such
    27  record[,] shall be guilty of a misdemeanor and subject to any  penalties
    28  otherwise provided by law.
    29    (2)  Employers  subject to [subdivision] subsection (e) of section two
    30  thousand three hundred four of the insurance law and subdivision two  of
    31  section  eighty-nine  of  this  article  shall  keep a true and accurate
    32  record of hours worked for all  construction  classification  employees.
    33  The willful failure to keep such record, or the knowing falsification of
    34  any such record, may be prosecuted as insurance fraud in accordance with
    35  the provisions of section 176.05 of the penal law.
    36    § 4. Subdivision 1 of section 131 of the workers' compensation law, as
    37  amended by chapter 6 of the laws of 2007, is amended to read as follows:
    38    (1)  Every  employer  subject  to the provisions of this chapter shall
    39  keep a true and accurate record of  the  number  of  [his  or  her]  its
    40  employees,  the  classification  of its employees, information regarding
    41  employee accidents and the wages paid by [him or her] such employer  for
    42  a period of four years after each entry therein, [which] as well as such
    43  records  relating  to any person performing services under a subcontract
    44  of such employer that is not covered under the subcontractor's own work-
    45  ers' compensation insurance  policy.  Such  records  shall  be  open  to
    46  inspection  at  any time, and as often as may be necessary to verify the
    47  same by investigators of the board, by the authorized auditors, account-
    48  ants or inspectors of the carrier with whom the employer is insured,  or
    49  by  the  authorized  auditors, accountants or inspectors of any workers'
    50  compensation insurance  rating  board  or  bureau  operating  under  the
    51  authority of the insurance law and of which board or bureau such carrier
    52  is  a  member  or the group trust of which the employer is a member. Any
    53  and all records required by law to be kept by such employer  upon  which
    54  the  employer makes or files a return concerning wages paid to employees
    55  and any  other  records  of  an  employer  containing  such  information
    56  pertaining  to  any  policy  period  including,  but not limited to, any

        S. 7505--A                         60                         A. 9505--A

     1  payroll book, payroll and distribution records, cash book,  check  book,
     2  bank  account  statements, commission records, ledgers, journals, regis-
     3  ters,  vouchers,  contracts,  tax  returns  and  reports,  and  computer
     4  programs  for  retrieving  data, certificates of insurance pertaining to
     5  subcontractors and any other business records specified by the rules  of
     6  the  board  shall form part of the records described in this section and
     7  shall be open to inspection in the  same  manner  as  provided  in  this
     8  section.  Any  employer  who  shall fail to keep such records, who shall
     9  willfully fail to furnish such record as required in this section or who
    10  shall falsify any such records, shall be guilty  of  a  misdemeanor  and
    11  subject  to  a  fine  of  not  less than five nor more than ten thousand
    12  dollars in addition to any other penalties otherwise  provided  by  law,
    13  except that any such employer that has previously been subject to crimi-
    14  nal  penalties  under  this  section within the prior ten years shall be
    15  guilty of a class E felony, and subject to a fine of not less  than  ten
    16  nor  more than twenty-five thousand dollars in addition to any penalties
    17  otherwise provided by law.
    18    § 5. This act shall take effect July 1, 2020.

    19                                   PART II

    20    Section 1. Section 76 of the workers' compensation law is  amended  by
    21  adding a new subdivision 1-a to read as follows:
    22    1-a.  a.  The purposes of the state insurance fund are hereby enlarged
    23  to permit it to enter agreements with insurers licensed to  write  work-
    24  ers' compensation insurance in states outside New York to issue policies
    25  to  state  insurance  fund  policyholders  covering those policyholders'
    26  obligations to secure the  payment  of  workers'  compensation  benefits
    27  under  the  laws of states other than New York. The state insurance fund
    28  shall also be authorized to receive premiums into its  workers'  compen-
    29  sation  fund  for policies written under such agreements and to pay from
    30  such fund: (i) reimbursement of all losses and loss adjustment  expenses
    31  paid  by a licensed insurer under such policies; and (ii) fees to such a
    32  licensed insurer for administering claims and policies covered  by  such
    33  agreements.
    34    b.  For  a  policyholder  to be eligible for insurance in states other
    35  than New York provided through agreements entered  under  this  subdivi-
    36  sion, either: (i) the policyholder's workers' compensation premiums with
    37  the  state insurance fund covering its employees under this chapter must
    38  be greater than the premiums charged to cover the  policyholder's  obli-
    39  gations  to  pay  workers'  compensation  benefits in all states, in the
    40  aggregate,  other  than  New  York;  or  (ii)  the   payroll   for   the
    41  policyholder's   operations  in  New  York  must  be  greater  than  the
    42  policyholder's payroll in all states, in the aggregate, other  than  New
    43  York  for  the prior policy period. For determining eligibility, "premi-
    44  ums" mean estimated premiums as determined by the state  insurance  fund
    45  at  the  beginning of the policy period. In addition, for a policyholder
    46  to be eligible for insurance in states other than New York  through  the
    47  state  insurance  fund,  the  policyholder must meet the state insurance
    48  fund's underwriting criteria for other states coverage as  specified  by
    49  rules of the commissioners.
    50    § 2. This act shall take effect immediately.

    51                                   PART JJ

        S. 7505--A                         61                         A. 9505--A

     1    Section  1.  Section  9-211 of the election law is amended by adding a
     2  new subdivision 6 to read as follows:
     3    6. (a) Notwithstanding any other provision of law, within fifteen days
     4  after  each  general, special or primary election conducted by the board
     5  of elections, the board of elections or a bipartisan committee appointed
     6  by such board shall conduct a complete audit  of  the  voter  verifiable
     7  audit  records of every voting machine or system within the jurisdiction
     8  of such board in the following circumstances:
     9    (i) In a state-wide election where a 0.2% margin of victory exists.
    10    (ii) In any public election that is not a state-wide election where  a
    11  0.5% margin of victory exists.
    12    (b) For the purposes of this section, margin of victory shall mean the
    13  margin  of  victory  for all votes cast in the entire election following
    14  the initial canvass of votes.
    15    (c) Audits under this section shall be performed manually.
    16    § 2. This act shall take effect on the first of January next  succeed-
    17  ing  the date on which it shall have become a law and shall apply to any
    18  election held 120 days or more after such effective date.

    19                                   PART KK

    20    Section 1. Section 54-l of the state finance law, as added by  section
    21  1  of  part  J  of  chapter  57 of 2011, paragraph b of subdivision 2 as
    22  amended by section 1 of part X of chapter 55 of the  laws  of  2014  and
    23  subdivision  5 as added by section 5 of part S of chapter 39 of the laws
    24  of 2019, is amended to read as follows:
    25    § 54-l. State assistance to  eligible  cities  [and  eligible  munici-
    26  palities]  in which a video lottery gaming facility is located. 1. Defi-
    27  nitions.  When used in this section, unless otherwise expressly stated:
    28    [a.] "Eligible city" shall mean a city with a population equal  to  or
    29  greater  than one hundred twenty-five thousand and less than one million
    30  in which a video lottery gaming facility is located and operating as  of
    31  January  first,  two  thousand  nine pursuant to section sixteen hundred
    32  seventeen-a of the tax law.
    33    [b. "Eligible municipality" shall mean a county, city, town or village
    34  in which a video lottery gaming facility is located pursuant to  section
    35  sixteen hundred seventeen-a of the tax law that is not located in a city
    36  with a population equal to or greater than one hundred twenty-five thou-
    37  sand.]
    38    2.  [a.]  Within  the  amount  appropriated therefor, an eligible city
    39  shall receive an amount equal to the state aid payment received  in  the
    40  state  fiscal  year  commencing  April first, two thousand eight from an
    41  appropriation for aid to municipalities with video lottery gaming facil-
    42  ities.
    43    [b. Within the amounts appropriated therefor, eligible  municipalities
    44  shall  receive  an  amount  equal  to  seventy  percent of the state aid
    45  payment received in the state fiscal year commencing  April  first,  two
    46  thousand  eight  from  an  appropriation  for aid to municipalities with
    47  video lottery gaming facilities.]
    48    3. [a.] State aid payments made to an eligible city pursuant to [para-
    49  graph a of] subdivision two of this section shall be  used  to  increase
    50  support for public schools in such city.
    51    [b.  State  aid  payments made to an eligible municipality pursuant to
    52  paragraph b of subdivision two of this section shall  be  used  by  such
    53  eligible municipality to: (i) defray local costs associated with a video

        S. 7505--A                         62                         A. 9505--A

     1  lottery  gaming  facility,  or  (ii)  minimize  or  reduce real property
     2  taxes.]
     3    4.  Payments of state aid pursuant to this section shall be made on or
     4  before June thirtieth of each state fiscal  year  to  the  chief  fiscal
     5  officer  of each eligible city [and each eligible municipality] on audit
     6  and warrant of the state comptroller out of moneys appropriated  by  the
     7  legislature  for such purpose to the credit of the local assistance fund
     8  in the general fund of the state treasury.
     9    [5. The town and county in which the  facility  defined  in  paragraph
    10  five  of subdivision a of section sixteen hundred seventeen-a of the tax
    11  law is located shall receive assistance payments made pursuant  to  this
    12  section  at the same dollar level realized by the village of Monticello,
    13  Sullivan county, the town of Thompson,  Sullivan  county,  and  Sullivan
    14  county.  Each village in which the facility defined in paragraph five of
    15  subdivision a of section sixteen hundred seventeen-a of the tax  law  is
    16  located  shall receive assistance payments made pursuant to this section
    17  at the rate of fifty percent of the dollar level realized by the village
    18  of Monticello. Any payments made pursuant to this subdivision shall  not
    19  commence  until  the facility defined in paragraph five of subdivision a
    20  of section sixteen hundred seventeen-a  of  the  tax  law  has  realized
    21  revenue for a period of twelve consecutive months.]
    22    § 2. This act shall take effect immediately.

    23                                   PART LL

    24    Section  1.  Subdivision  8 of section 239-bb of the general municipal
    25  law, as added by section 1 of part EE of chapter 55 of the laws of 2018,
    26  is amended to read as follows:
    27    8. For each county, new shared services actions [not included]  in  [a
    28  previously]  an  approved and submitted plan pursuant to this section or
    29  part BBB of chapter fifty-nine of the laws of  two  thousand  seventeen,
    30  may  be  eligible for funding to match savings from such action, subject
    31  to available appropriation. Savings that are actually  and  demonstrably
    32  realized  by the participating local governments are eligible for match-
    33  ing funding. For actions that are part of an approved  plan  transmitted
    34  to  the secretary of state in accordance with paragraph b of subdivision
    35  seven of this section, savings achieved [from] during either: (i)  Janu-
    36  ary  first through December thirty-first from new actions implemented on
    37  or after January first through December thirty-first of the  year  imme-
    38  diately following an approved [and transmitted] plan, or (ii) July first
    39  of  the year immediately following an approved plan through June thirti-
    40  eth of the subsequent year from new actions implemented  July  first  of
    41  the  year  immediately following an approved plan through June thirtieth
    42  of the subsequent year may be eligible for matching  funding.  Only  net
    43  savings  between local governments for each action would be eligible for
    44  matching funding. Savings from internal efficiencies or any other action
    45  taken by a local government without the participation of  another  local
    46  government are not eligible for matching funding. Each county and all of
    47  the  local  governments within the county that are part of any action to
    48  be implemented as part of an approved plan must collectively  apply  for
    49  the matching funding and agree on the distribution and use of any match-
    50  ing funding in order to qualify for matching funding.  Each county shall
    51  be  authorized to submit one consolidated application for matching funds
    52  for each approved and transmitted plan. All  actions  from  a  plan  for
    53  which  matching funds will be requested shall adhere to the same twelve-
    54  month period beginning either January first or July first. The secretary

        S. 7505--A                         63                         A. 9505--A

     1  of state shall develop the application with any  necessary  requirements
     2  for receipt of state matching funds.
     3    § 2. This act shall take effect immediately.

     4                                   PART MM

     5    Section  1.  Subdivision 1 of section 160.05 of the local finance law,
     6  as added by chapter 67 of the laws  of  2013,  is  amended  to  read  as
     7  follows:
     8    1.  There  shall  be a financial restructuring board for local govern-
     9  ments which shall consist of ten members: the director of the budget who
    10  shall be chair of the board,  the  attorney  general,  the  state  comp-
    11  troller, and the secretary of state, each of whom may designate a repre-
    12  sentative  to attend sessions of the board on his or her behalf, and six
    13  members appointed by the governor, one of whom upon  the  recommendation
    14  of the temporary president of the senate, one of whom upon the recommen-
    15  dation  of the speaker of the assembly, and four other members appointed
    16  by the governor, one of whom shall have significant experience in munic-
    17  ipal financial and restructuring matters. In making  such  appointments,
    18  the  governor  shall consider regional diversity. Appointees shall serve
    19  at the pleasure of his or her appointing authority. The appointee of the
    20  governor who has been designated as  having  significant  experience  in
    21  municipal financial and restructuring matters shall receive fair compen-
    22  sation  for his or her services performed pursuant to this section in an
    23  amount to be determined by the director of the budget  and  all  members
    24  shall be reimbursed for all reasonable expenses actually and necessarily
    25  incurred  by  him  or  her  in the performance of his or her duties. The
    26  board shall have the power to act by an affirmative vote of  a  majority
    27  of  the  total number of members present at the meeting and shall render
    28  its findings and recommendations within six months of being requested to
    29  act by a fiscally  eligible  municipality.  The  provisions  of  section
    30  seventeen  of  the  public  officers  law  shall apply to members of the
    31  board. No member of the board shall be held liable for  the  performance
    32  of  any  function  or  duty  authorized by this section. The work of the
    33  board shall be conducted with such staff as the director of the  budget,
    34  the  secretary  of state, the attorney general and the state comptroller
    35  shall make available. All proceedings, meetings and  hearings  conducted
    36  by the board shall be held in the city of Albany.
    37    § 2. This act shall take effect immediately.

    38                                   PART NN

    39    Section  1.  Paragraph 3 of subdivision (c) of section 1261 of the tax
    40  law, as amended by section 9 of part SS-1 of chapter 57 of the  laws  of
    41  2008, is amended to read as follows:
    42    (3) However, the taxes, penalties and interest which (i) the county of
    43  Nassau,  (ii)  the  county  of Erie, to the extent the county of Erie is
    44  contractually or statutorily obligated to allocate and apply or pay  net
    45  collections  to  the  city of Buffalo and to the extent that such county
    46  has set aside net collections for educational purposes  attributable  to
    47  the  Buffalo school district, or the city of Buffalo or (iii) the county
    48  of Erie is authorized to impose pursuant to section twelve  hundred  ten
    49  of this article, other than such taxes in the amounts described, respec-
    50  tively,  in subdivisions one and two of section one thousand two hundred
    51  sixty-two-e of this part, during the period that such section authorizes
    52  Nassau county to establish special or local assistance  programs  there-

        S. 7505--A                         64                         A. 9505--A

     1  under,  together  with  any  penalties and interest related thereto, and
     2  after the comptroller has reserved such  refund  fund  and  such  costs,
     3  shall,  commencing  on the next payment date after the effective date of
     4  this  sentence  and of each month thereafter, until such date as (i) the
     5  Nassau county  interim  finance  authority  shall  have  no  obligations
     6  outstanding,  or (ii) the Buffalo fiscal stability authority shall cease
     7  to exist, or (iii) the Erie  county  fiscal  stability  authority  shall
     8  cease  to  exist,  be  paid by the comptroller, respectively, to (i) the
     9  Nassau county interim finance authority to  be  applied  by  the  Nassau
    10  county interim finance authority, or (ii) to the Buffalo fiscal stabili-
    11  ty authority to be applied by the Buffalo fiscal stability authority, or
    12  (iii) to the Erie county fiscal stability authority to be applied by the
    13  Erie  county  fiscal  stability  authority,  as  the case may be, in the
    14  following order of priority: first pursuant to the Nassau county interim
    15  finance authority's contracts with bondholders  or  the  Buffalo  fiscal
    16  stability  authority's  contracts  with  bondholders  or the Erie county
    17  fiscal stability authority's contracts with  bondholders,  respectively,
    18  then  to  pay  the  Nassau  county interim finance authority's operating
    19  expenses not otherwise provided for  or  the  Buffalo  fiscal  stability
    20  authority's  operating  expenses  not otherwise provided for or the Erie
    21  county fiscal stability authority's  operating  expenses  not  otherwise
    22  provided  for,  respectively,  then  (i)  for  the Nassau county interim
    23  finance authority to pay to the state as  soon  as  practicable  in  the
    24  months  of  May  and December each year, the amount necessary to fulfill
    25  the town and village distribution requirement on behalf of Nassau county
    26  pursuant to paragraph five-a  of  this  subdivision,  or  (ii)  for  the
    27  Buffalo  fiscal stability authority to pay to the state as soon as prac-
    28  ticable in the months of May and December each year, the  percentage  of
    29  the  amount  necessary  to  fulfill  the  town  and village distribution
    30  requirement on behalf of Erie county pursuant  to  paragraph  five-a  of
    31  this  subdivision  that  equates  to  the  percentage  of the county net
    32  collections that the  city  of  Buffalo  and  the  Buffalo  city  school
    33  district, together, are due in the months of May and December each year,
    34  or  (iii)  for  the Erie county fiscal stability authority to pay to the
    35  state as soon as practicable in the months  of  May  and  December  each
    36  year,  the amount necessary to fulfill the town and village distribution
    37  requirement on behalf of Erie county pursuant  to  paragraph  five-a  of
    38  this subdivision, less the amount being paid to the state by the Buffalo
    39  fiscal stability authority in each respective month, and then (i) pursu-
    40  ant to the Nassau county interim finance authority's agreements with the
    41  county  of  Nassau,  which  agreements  shall  require the Nassau county
    42  interim finance authority to transfer such taxes, penalties and interest
    43  remaining after providing for contractual or other  obligations  of  the
    44  Nassau  county  interim  finance authority, and subject to any agreement
    45  between such authority and the county of Nassau, to the county of Nassau
    46  as frequently as practicable; or (ii) pursuant  to  the  Buffalo  fiscal
    47  stability  authority's agreements with the city of Buffalo, which agree-
    48  ments shall require the Buffalo fiscal stability authority  to  transfer
    49  such  taxes,  penalties  and  interest  remaining  after  providing  for
    50  contractual or other obligations of the Buffalo fiscal stability author-
    51  ity, and subject to any agreement between such authority and the city of
    52  Buffalo, to the city of Buffalo or the city of Buffalo school  district,
    53  as  the  case may be, as frequently as practicable; or (iii) pursuant to
    54  the Erie county fiscal stability authority's agreements with the  county
    55  of Erie, which agreements shall require the Erie county fiscal stability
    56  authority to transfer such taxes, penalties and interest remaining after

        S. 7505--A                         65                         A. 9505--A

     1  providing for contractual or other obligations of the Erie county fiscal
     2  stability authority, and subject to any agreement between such authority
     3  and the county of Erie, to the county of Erie as frequently as practica-
     4  ble. During the period that the comptroller is required to make payments
     5  to the Nassau county interim finance authority described in the previous
     6  sentence, the county of Nassau shall have no right, title or interest in
     7  or  to  such  taxes,  penalties  and interest required to be paid to the
     8  Nassau county interim finance authority,  except  as  provided  in  such
     9  authority's agreements with the county of Nassau. During the period that
    10  the  comptroller  is  required  to  make  payments to the Buffalo fiscal
    11  stability authority described in the second previous sentence, the  city
    12  of Buffalo and such school district shall have no right, title or inter-
    13  est  in  or to such taxes, penalties and interest required to be paid to
    14  the Buffalo fiscal stability  authority,  except  as  provided  in  such
    15  authority's  agreements with the city of Buffalo. During the period that
    16  the comptroller is required to make payments to the Erie  county  fiscal
    17  stability authority described in the third previous sentence, the county
    18  of  Erie  shall  have  no  right, title or interest in or to such taxes,
    19  penalties and interest required to be paid to  the  Erie  county  fiscal
    20  stability  authority,  except as provided in such authority's agreements
    21  with the county of Erie.
    22    § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax  law,
    23  as  added by section 3 of part PPP of chapter 59 of the laws of 2019, is
    24  amended to read as follows:
    25    (5-a) However, after the comptroller has  made  the  payments  to  the
    26  Nassau  county  interim  finance authority, the Buffalo fiscal stability
    27  authority, and the Erie county fiscal stability  authority  required  by
    28  [paragraphs  two,]  paragraph  three [and five] of this subdivision, for
    29  each municipality that received a base level grant in state fiscal  year
    30  two thousand eighteen-two thousand nineteen but not in state fiscal year
    31  two  thousand  nineteen-two thousand twenty under the aid and incentives
    32  for municipalities  program  pursuant  to  subdivision  ten  of  section
    33  fifty-four  of  the  state  finance  law, the comptroller shall annually
    34  withhold from each county except Nassau  and  Erie  from  the  remaining
    35  taxes,  penalties and interest imposed by the county in which a majority
    36  of the population of such municipality resides, and on behalf of  Nassau
    37  and Erie counties the comptroller shall annually receive from the Nassau
    38  county  interim finance authority, the Buffalo fiscal stability authori-
    39  ty, and the Erie county fiscal stability authority, an amount  equal  to
    40  the  base level grant received by such municipality in state fiscal year
    41  two thousand eighteen-two thousand nineteen and shall annually  distrib-
    42  ute, by December fifteenth, two thousand nineteen and by such date annu-
    43  ally  thereafter, such amount directly to such municipality, unless such
    44  municipality has a fiscal year ending May thirty-first, then such annual
    45  distribution shall be made by May fifteenth, two thousand twenty and  by
    46  such  date annually thereafter. No county shall have any right, title or
    47  interest in or to the taxes, penalties and interest required to be with-
    48  held [and] or distributed pursuant to this paragraph.
    49    § 3. Subdivision 5 of section 3657 of the public authorities  law,  as
    50  added by chapter 84 of the laws of 2000, is amended to read as follows:
    51    5.  Tax  revenues received by the authority pursuant to section twelve
    52  hundred sixty-one of the tax  law,  together  with  any  other  revenues
    53  received  by  the  authority, shall be applied in the following order of
    54  priority: first pursuant to the authority's contracts with  bondholders,
    55  then  to  pay  the authority's operating expenses not otherwise provided
    56  for, then to pay to the state pursuant to paragraph three of subdivision

        S. 7505--A                         66                         A. 9505--A

     1  (c) of section twelve hundred  sixty-one  of  the  tax  law,  and  then,
     2  subject  to  the authority's agreements with the county, to transfer the
     3  balance of such tax revenues not required to meet contractual  or  other
     4  obligations of the authority to the county as frequently as practicable.
     5    §  4.  Subdivision 5 of section 3865 of the public authorities law, as
     6  amended by chapter 86 of the  laws  of  2004,  is  amended  to  read  as
     7  follows:
     8    5.  Revenues  of the authority shall be applied in the following order
     9  of priority: first to pay debt service or for set  asides  to  pay  debt
    10  service  on  the  authority's  bonds, notes, or other obligations and to
    11  replenish any reserve funds securing such bonds, notes  or  other  obli-
    12  gations of the authority, in accordance with the provision of any inden-
    13  ture  or  bond  resolution of the authority; then to pay the authority's
    14  operating expenses not otherwise provided for; then to pay to the  state
    15  pursuant to paragraph three of subdivision (c) of section twelve hundred
    16  sixty-one of the tax law; and then, subject to the authority's agreement
    17  with  the  city,  for itself or on behalf of the city's dependent school
    18  district and any other covered organization, to transfer  as  frequently
    19  as  practicable the balance of revenues not required to meet contractual
    20  or other obligations of the authority to the city or the city's  depend-
    21  ent school district as provided in subdivision seven of this section.
    22    §  5.  Subdivision 5 of section 3965 of the public authorities law, as
    23  added by chapter 182 of the laws of 2005, is amended to read as follows:
    24    5. Revenues of the authority shall be applied in the  following  order
    25  of  priority:  first  to  pay debt service or for set asides to pay debt
    26  service on the authority's bonds, notes, or  other  obligations  and  to
    27  replenish  any  reserve  funds securing such bonds, notes or other obli-
    28  gations of the authority in accordance with the provision  of  indenture
    29  or bond resolution of the authority; then to pay the authority's operat-
    30  ing expenses not otherwise provided for; then to pay to the state pursu-
    31  ant  to  paragraph  three  of  subdivision (c) of section twelve hundred
    32  sixty-one of the tax law; and then, subject to  the  authority's  agree-
    33  ments  with  the county for itself or on behalf of any covered organiza-
    34  tion to transfer as frequently as practicable the  balance  of  revenues
    35  not  required  to meet contractual or other obligations of the authority
    36  to the county as provided in subdivision seven of this section.
    37    § 6. This act shall take effect immediately.

    38                                   PART OO

    39    Section 1. Section 217 of  the  county  law  is  amended  to  read  as
    40  follows:
    41    §  217.  County  jail. Each county shall continue to maintain a county
    42  jail as prescribed by law; provided, however,  this  section  shall  not
    43  prohibit  counties  from jointly maintaining a county jail pursuant to a
    44  shared services agreement.
    45    § 2. Subdivision 1 of section 500-a of the correction law  is  amended
    46  by adding a new paragraph (h) to read as follows:
    47    (h)  Notwithstanding  any  other  law to the contrary, nothing in this
    48  subdivision shall prohibit counties from jointly  maintaining  a  county
    49  jail pursuant to a shared services agreement.
    50    § 3. Subdivision 1 of section 500-c of the correction law, as added by
    51  chapter 907 of the laws of 1984, is amended to read as follows:
    52    1.  Except as provided in subdivision two of this section, the sheriff
    53  of each county shall have custody of the county  jail  of  such  county;
    54  provided  however,  that  for counties jointly maintaining a county jail

        S. 7505--A                         67                         A. 9505--A

     1  pursuant to a shared services agreement, the sheriff of  the  county  in
     2  which  such jail is located shall consult with the sheriff of any county
     3  using the jail pursuant to a shared services agreement.
     4    §  4.  Section 500 of the correction law, as amended by chapter 131 of
     5  the laws of 2014, is amended to read as follows:
     6    § 500. Application of article. The provisions of  this  article  shall
     7  apply to any all local correctional facilities as defined by subdivision
     8  sixteen  of  section  two  of this chapter and shall apply to any county
     9  jail maintained by more than one county pursuant to  a  shared  services
    10  agreement.
    11    §  5. Subdivision 2 of section 40 of the correction law, as amended by
    12  chapter 247 of the laws of 2018, is amended to read as follows:
    13    2. "Local correctional facility" means any jail, penitentiary,  state,
    14  county or municipal lockup, court detention pen, hospital prison ward or
    15  specialized  secure juvenile detention facility for older youth, or jail
    16  jointly maintained by more than one county pursuant to a shared services
    17  agreement.
    18    § 6. Subdivision 1 of section 751 of the judiciary law, as amended  by
    19  chapter 399 of the laws of 1988, is amended to read as follows:
    20    1. Except as provided in subdivisions (2), (3) and (4), punishment for
    21  a  contempt,  specified  in section seven hundred fifty, may be by fine,
    22  not exceeding one thousand dollars, or by  imprisonment,  not  exceeding
    23  thirty  days,  in  the jail of the county where the court is sitting, or
    24  both, in the discretion of the court. If the county jail  in  which  the
    25  court  is  sitting has entered into a shared services agreement to main-
    26  tain a joint county jail, the person may be  imprisoned  in  a  jail  in
    27  another  county  that is a party to that agreement. Where the punishment
    28  for contempt is based on a violation of an order  of  protection  issued
    29  under  section 530.12 or 530.13 of the criminal procedure law, imprison-
    30  ment may be for a term not exceeding three months.  Where  a  person  is
    31  committed  to  jail,  for  the  nonpayment of a fine, imposed under this
    32  section, he must be discharged at the expiration  of  thirty  days;  but
    33  where  he is also committed for a definite time, the thirty days must be
    34  computed from the expiration of the definite time.
    35    Such a contempt, committed in the immediate view and presence  of  the
    36  court,  may  be  punished  summarily;  when  not so committed, the party
    37  charged must be notified of the accusation, and have a  reasonable  time
    38  to make a defense.
    39    §  7.  Paragraph  (a) of subdivision 16 of section 2 of the correction
    40  law, as amended by section 4 of chapter 681  of  the  laws  of  1990  is
    41  amended to read as follows:
    42    16.  (a) "Local correctional facility". Any place operated by a county
    43  or the city of New York as a place for the confinement of  persons  duly
    44  committed  to secure their attendance as witnesses in any criminal case,
    45  charged with crime and committed for trial or examination, awaiting  the
    46  availability  of  a court, duly committed for any contempt or upon civil
    47  process, convicted of any offense and sentenced to imprisonment  therein
    48  or  awaiting  transportation under sentence to imprisonment in a correc-
    49  tional facility, or jail jointly maintained  by  more  than  one  county
    50  pursuant to a shared services agreement, or pursuant to any other appli-
    51  cable provisions of law.
    52    §  8  [7].   This act shall take effect immediately; provided that the
    53  amendments to subdivision 1 of section 500-c of the correction law  made
    54  by section three of this act shall not affect the repeal of such section
    55  and shall be deemed repealed therewith.

        S. 7505--A                         68                         A. 9505--A

     1                                   PART PP

     2    Section 1. Subparagraph 9 of paragraph d of subdivision 5 of part B of
     3  section  236 of the domestic relations law, as amended by chapter 281 of
     4  the laws of 1980 and as renumbered by chapter 229 of the laws  of  2009,
     5  is amended to read as follows:
     6    (9)  the probable future financial circumstances of each party includ-
     7  ing acts of domestic  violence  as  provided  in  section  four  hundred
     8  fifty-nine-a  of  the  social  services law by one party against another
     9  that have inhibited or continue to inhibit a party's earning capacity or
    10  ability to obtain meaningful employment;
    11    § 2. This act shall take effect on the thirtieth day  after  it  shall
    12  have become a law.

    13                                   PART QQ

    14    Section  1.  The  public  authorities  law  is amended by adding a new
    15  section 3 to read as follows:
    16    § 3. Pay equity.  1. In order to attract unusual merit and ability  to
    17  the service of public authorities in the state of New York, to stimulate
    18  higher  efficiency among the personnel, to provide skilled leadership in
    19  administration, to reward merit and to  insure  the  highest  return  in
    20  services  for  the  necessary  costs  of  administration,  it  is hereby
    21  declared that public authorities  shall,  consistent  with  the  federal
    22  Equal  Pay  Act  of 1963 (29 U.S.C. § 206), the federal Civil Rights Act
    23  (42 U.S.C. § 2000e-2), article fifteen of the executive law, and section
    24  forty-c of the civil rights law, ensure a fair, non-biased  compensation
    25  structure for all employees in which status within one or more protected
    26  class  or  classes  is  not  considered either directly or indirectly in
    27  determining the proper compensation for a title or  in  determining  the
    28  pay  for  any  individual or group of employees, ensure that no employee
    29  with status within one or more protected class or classes shall be  paid
    30  a  wage at a rate less than the rate at which an employee without status
    31  within the same protected class or classes in the same establishment  is
    32  paid  for similar work or substantially similar work and provide regular
    33  increases in pay in proper proportion to increase of  ability,  increase
    34  of output and increase of quality of work demonstrated in service.
    35    2. For the purpose of this section:
    36    (a)  the  term  "protected  class"  includes  age, race, creed, color,
    37  national origin, sexual  orientation,  gender  identity  or  expression,
    38  military  status, sex, disability, predisposing genetic characteristics,
    39  familial status, marital status, or domestic violence victim status, and
    40  any employee protected from discrimination pursuant to  paragraphs  (a),
    41  (b), and (c) of subdivision one of section two hundred ninety-six of the
    42  executive  law, and any intern protected from discrimination pursuant to
    43  section two hundred ninety-six-c of the executive law.
    44    (b) the term "compensation" shall include but not be limited to:   all
    45  earnings  of  an  employee for labor or services rendered, regardless of
    46  whether the amount of earnings is paid  on  an  annual  salary,  hourly,
    47  biweekly  or per diem basis; reimbursement for expenses; health, welfare
    48  and retirement benefits; and vacation pay, sick pay, separation or holi-
    49  day pay, or any other form of remuneration.
    50    (c) employees shall be deemed to work in the same establishment if the
    51  employees work for the same employer at workplaces located in  the  same
    52  geographical  region, no larger than a county, taking into account popu-

        S. 7505--A                         69                         A. 9505--A

     1  lation distribution, economic activity, and/or the presence  of  munici-
     2  palities.
     3    (d)  the term "public authorities" shall mean any authority as defined
     4  in section two of this title.
     5    3. (a) It shall not be a violation of this section for an employer  to
     6  pay  different  compensation  to employees, where such payments are made
     7  pursuant to:
     8    (1) a bona fide seniority or merit system;
     9    (2) a bona fide system that measures earnings by quantity  or  quality
    10  of production;
    11    (3) a bona fide system based on geographic differentials;
    12    (4)  any  other  bona fide factor other than status within one or more
    13  protected class or classes, such as education, training, or  experience.
    14  Such  factor: (A) shall not be based upon or derived from a differential
    15  in compensation based on status within one or more  protected  class  or
    16  classes;  and  (B)  shall be job-related with respect to the position in
    17  question and shall be consistent with business necessity. Such exception
    18  under this paragraph shall not apply when the employee demonstrates  (i)
    19  that  an  employer  uses  a particular employment practice that causes a
    20  disparate impact on the basis of status within  one  or  more  protected
    21  class  or  classes,  (ii) that an alternative employment practice exists
    22  that would serve the same purpose and not produce such differential, and
    23  (iii) that the employer has refused to adopt such alternative  practice;
    24  or
    25    (5) a collective bargaining agreement.
    26    (b)  For  the  purpose of paragraph (a) of this subdivision, "business
    27  necessity" shall be defined as a factor that bears a manifest  relation-
    28  ship to the employment in question.
    29    (c)  Nothing  set  forth in this section shall be construed to impede,
    30  infringe or diminish the rights and benefits which accrue  to  employees
    31  through  collective  bargaining  agreements,  or  otherwise diminish the
    32  integrity of the existing collective bargaining relationship.
    33    § 2. This act shall take effect immediately.

    34                                   PART RR

    35    Section 1. The opening paragraph of subdivision 1 of  section  812  of
    36  the  family court act, as amended by chapter 109 of the laws of 2019, is
    37  amended to read as follows:
    38    The family court and the criminal courts shall have concurrent  juris-
    39  diction  over  any  proceeding  concerning  acts  which would constitute
    40  disorderly conduct, unlawful dissemination or publication of an intimate
    41  image, harassment in the first degree, harassment in the second  degree,
    42  aggravated  harassment in the second degree, sexual misconduct, forcible
    43  touching, sexual abuse in the third degree, sexual abuse in  the  second
    44  degree  as  set  forth in subdivision one of section 130.60 of the penal
    45  law, stalking in the first degree, stalking in the second degree, stalk-
    46  ing in the  third  degree,  stalking  in  the  fourth  degree,  criminal
    47  mischief,  menacing  in the second degree, menacing in the third degree,
    48  reckless endangerment, criminal obstruction of breathing or blood circu-
    49  lation, strangulation in the second degree, strangulation in  the  first
    50  degree,  assault  in  the second degree, assault in the third degree, an
    51  attempted assault, identity theft in the first degree, identity theft in
    52  the second degree, identity theft in the third degree, grand larceny  in
    53  the  fourth  degree,  grand larceny in the third degree, coercion in the
    54  second degree or coercion in the third degree as set forth  in  subdivi-

        S. 7505--A                         70                         A. 9505--A

     1  sions  one,  two  and  three  of section 135.60 of the penal law between
     2  spouses or former spouses,  or  between  parent  and  child  or  between
     3  members  of  the  same family or household except that if the respondent
     4  would not be criminally responsible by reason of age pursuant to section
     5  30.00  of  the  penal  law,  then  the family court shall have exclusive
     6  jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
     7  election  to  proceed  in  family court, the criminal court shall not be
     8  divested of jurisdiction to hear a family offense proceeding pursuant to
     9  this section.  The family court may also issue an  order  of  protection
    10  based  on  any  circumstances that the court determines require an order
    11  for the purposes established in paragraph (b) of subdivision two of this
    12  section. In any proceeding pursuant to this article, a court  shall  not
    13  deny  an order of protection, or dismiss a petition, solely on the basis
    14  that the acts or events alleged are not relatively contemporaneous  with
    15  the  date  of  the  petition,  the conclusion of the fact-finding or the
    16  conclusion of the dispositional hearing. For purposes of  this  article,
    17  "disorderly  conduct" includes disorderly conduct not in a public place.
    18  For purposes of this article, "members of the same family or  household"
    19  shall mean the following:
    20    § 2. Paragraph (a) of subdivision 1 of section 821 of the family court
    21  act,  as  amended  by  section 6 of part NN of chapter 55 of the laws of
    22  2018, is amended to read as follows:
    23    (a) An allegation that: (i) the respondent assaulted or  attempted  to
    24  assault  his  or  her  spouse,  or former spouse, parent, child or other
    25  member of the same family or household or engaged in disorderly conduct,
    26  harassment, sexual misconduct, forcible touching, sexual  abuse  in  the
    27  third degree, sexual abuse in the second degree as set forth in subdivi-
    28  sion  one  of  section  130.60  of  the  penal  law,  stalking, criminal
    29  mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
    30  breathing  or  blood  circulation,  strangulation, identity theft in the
    31  first degree, identity theft in the second degree, identity theft in the
    32  third degree, grand larceny in the fourth degree, grand larceny  in  the
    33  third  degree,  coercion  in  the second degree or coercion in the third
    34  degree as set forth in subdivisions one, two and three of section 135.60
    35  of the penal law, toward any such person; or (ii) the respondent is  the
    36  spouse,  or  former  spouse,  parent,  child or other member of the same
    37  family or household as  the  petitioner  and  circumstances  exist  that
    38  require an order of protection for the purposes established in paragraph
    39  (b) of subdivision two of section eight hundred twelve of this article;
    40    §  3. Subdivision 3-a of section 530.12 of the criminal procedure law,
    41  as added by chapter 186 of the laws of  1997,  is  amended  to  read  as
    42  follows:
    43    3-a.  Emergency  powers  when family court not in session; issuance of
    44  temporary orders of protection. Upon the request of  the  petitioner,  a
    45  local criminal court may on an ex parte basis issue a temporary order of
    46  protection  pending  a  hearing  in  family court, provided that a sworn
    47  affidavit, verified in accordance with subdivision one of section 100.30
    48  of this chapter, is submitted: (i) alleging that the family court is not
    49  in session; (ii) alleging that: (A) a  family  offense,  as  defined  in
    50  subdivision  one of section eight hundred twelve of the family court act
    51  and subdivision one of section 530.11 of this article, has been  commit-
    52  ted;  or (B) circumstances exist that require an order of protection for
    53  the purposes established in paragraph (b) of subdivision two of  section
    54  eight  hundred  twelve  of  the  family court act; the respondent is the
    55  spouse, or former spouse, parent, child or  other  member  of  the  same
    56  family  or  household  as  the  petitioner  and circumstances exist that

        S. 7505--A                         71                         A. 9505--A

     1  require an order of protection for the purposes established in paragraph
     2  (b) of subdivision two of section eight hundred  twelve  of  the  family
     3  court  act; (iii) alleging that a family offense petition has been filed
     4  or  will  be  filed  in  family  court  on  the next day the court is in
     5  session; and (iv) showing good cause. Upon appearance in a local  crimi-
     6  nal  court,  the petitioner shall be advised that he or she may continue
     7  with the proceeding either in family court or upon the filing of a local
     8  criminal court accusatory instrument in criminal  court  or  both.  Upon
     9  issuance  of  a  temporary order of protection where petitioner requests
    10  that it be returnable in family court, the local  criminal  court  shall
    11  transfer  the  matter  forthwith  to the family court and shall make the
    12  matter returnable in family court on the next day the family court is in
    13  session, or as soon thereafter as practicable, but in no event more than
    14  four calendar days after issuance  of  the  order.  The  local  criminal
    15  court, upon issuing a temporary order of protection returnable in family
    16  court  pursuant  to  this  subdivision,  shall immediately forward, in a
    17  manner designed to insure arrival before the  return  date  set  in  the
    18  order,  a  copy of the temporary order of protection and sworn affidavit
    19  to the family court and shall provide a copy of such temporary order  of
    20  protection  to  the  petitioner; provided, however, that where a copy of
    21  the temporary order of protection and affidavit are transmitted  to  the
    22  family  court by facsimile or other electronic means, the original order
    23  and affidavit shall be forwarded to the family court immediately  there-
    24  after.  Any temporary order of protection issued pursuant to this subdi-
    25  vision shall be issued to the respondent, and copies shall be  filed  as
    26  required  in  subdivisions  six  and eight of this section for orders of
    27  protection issued pursuant to  this  section.  Any  temporary  order  of
    28  protection  issued  pursuant to this subdivision shall plainly state the
    29  date that such order expires which, in the case of an  order  returnable
    30  in  family  court,  shall  be not more than four calendar days after its
    31  issuance, unless sooner vacated or modified by the family court. A peti-
    32  tioner requesting a temporary order of protection returnable  in  family
    33  court  pursuant  to  this  subdivision in a case in which a family court
    34  petition has not been filed shall be informed that such temporary  order
    35  of protection shall expire as provided for herein, unless the petitioner
    36  files  a  petition  pursuant to subdivision one of section eight hundred
    37  twenty-one of the family court act on or before the return date in fami-
    38  ly court and the family court issues a temporary order of protection  or
    39  order  of  protection  as  authorized  under article eight of the family
    40  court act. Nothing in this  subdivision  shall  limit  or  restrict  the
    41  petitioner's  right  to  proceed  directly and without court referral in
    42  either a criminal or family court, or both, as provided for  in  section
    43  one  hundred  fifteen of the family court act and section 100.07 of this
    44  chapter.
    45    § 4. This act shall take effect immediately.

    46                                   PART SS

    47    Section 1. The election  law  is  amended  by  adding  a  new  section
    48  14-116-a to read as follows:
    49    §  14-116-a.  Restriction  on  contributions  from  foreign-influenced
    50  corporations or entities.  1. No corporation, limited liability company,
    51  joint-stock association or other corporate entity doing business in this
    52  state that  is  foreign-influenced,  nor  any  foreign  national,  shall
    53  directly  or  indirectly pay or use or offer, consent or agree to pay or
    54  use any money or property for or in aid of any political party,  commit-

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     1  tee  or  organization,  or  for,  or in aid of, any corporation, limited
     2  liability company, joint-stock, other association,  or  other  corporate
     3  entity organized or maintained for political purposes, or for, or in aid
     4  of,  any  candidate  for  political  office  or  for nomination for such
     5  office, or for any political purpose whatsoever, or for  the  reimburse-
     6  ment  or  indemnification  of any person for moneys or property so used.
     7  Any officer, director, stock-holder, member, owner, attorney or agent of
     8  any corporation, limited liability company, joint-stock  association  or
     9  other  corporate  entity  which  violates  any of the provisions of this
    10  section, who participates in, aids, abets or advises or consents to  any
    11  such  violations,  and any person who solicits or knowingly receives any
    12  money or property in violation of this section, shall  be  guilty  of  a
    13  misdemeanor.  Any  such  contribution  may result in the assessment of a
    14  civil fine, not to exceed ten  thousand  dollars  per  contribution,  in
    15  addition to any other penalties under the law.
    16    2.  For  purposes of this section, "foreign-influenced" shall mean any
    17  entity for which at least one of the following conditions is met:
    18    (a) a single foreign national holds, owns, controls, or otherwise  has
    19  direct  or  indirect beneficial ownership of five percent or more of the
    20  total equity, outstanding voting  shares,  membership  units,  or  other
    21  applicable  ownership  interest  in  the entity making the contribution,
    22  expenditure or payment; or
    23    (b) two or more foreign nationals, in aggregate, hold,  own,  control,
    24  or otherwise have direct or indirect beneficial ownership of ten percent
    25  or more of the total equity outstanding voting shares, membership units,
    26  or other applicable ownership interest of the entity; or
    27    (c)  one  or  more foreign nationals, in aggregate, hold more than ten
    28  percent of the board of director seats in the entity's governing  board;
    29  or
    30    (d)  a  foreign  national  participates  directly or indirectly in the
    31  entity's decision-making process with respect to the entity's  political
    32  activities in the United States, including the entity's political activ-
    33  ities with respect to a covered election.
    34    3.  For  purposes  of  this section, "foreign national" shall have the
    35  same meaning as the term defined in subsection b  of  section  30121  of
    36  title  52  of  the  United  States  Code, including but not limited to a
    37  foreign government or a foreign principal.
    38    § 2. This act shall take effect June 1, 2020.

    39                                   PART TT

    40    Section 1. Section 10 of the public officers law, as amended by  chap-
    41  ter 29 of the laws of 1977, is amended to read as follows:
    42    § 10. Official  oaths.   1. Every officer shall take and file the oath
    43  of office required by law, and every judicial  officer  of  the  unified
    44  court  system, in addition, shall file a copy of said oath in the office
    45  of court administration, before he shall be entitled to enter  upon  the
    46  discharge of any of his official duties. An oath of office may be admin-
    47  istered  by a judge of the court of appeals, the attorney general, or by
    48  any officer authorized to take, within the state, the acknowledgment  of
    49  the  execution  of  a  deed  of real property, or by an officer in whose
    50  office the oath is required to  be  filed  or  by  his  duly  designated
    51  assistant,  or  may be administered to any member of a body of officers,
    52  by a presiding officer or clerk, thereof, who shall have taken  an  oath
    53  of  office.  An oath of office may be administered to any state or local
    54  officer who is a member of the armed forces of the United States by  any

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     1  commissioned  officer,  in  active  service,  of the armed forces of the
     2  United States. In addition to the requirements of  any  other  law,  the
     3  certificate of the officer in the armed forces administering the oath of
     4  office under this section shall state (a) the rank of the officer admin-
     5  istering  the  oath,  and (b) that the person taking the oath was at the
     6  time, enlisted, inducted, ordered or commissioned in  or  serving  with,
     7  attached  to  or accompanying the armed forces of the United States. The
     8  fact that the officer administering  the  oath  was  at  the  time  duly
     9  commissioned  and  in  active  service  with  the armed forces, shall be
    10  certified by the secretary of the army, secretary of the air force or by
    11  the secretary of the navy, as the case may be, of the United States,  or
    12  by a person designated by him to make such certifications, but the place
    13  where  such  oath  was  administered  need not be disclosed. The oath of
    14  office of a notary public or commissioner of deeds shall be filed in the
    15  office of the clerk of the county in which he shall reside. The oath  of
    16  office of every state officer shall be filed in the office of the secre-
    17  tary  of state; of every officer of a municipal corporation, including a
    18  school district, with the clerk thereof; and  of  every  other  officer,
    19  including the trustees and officers of a public library and the officers
    20  of  boards  of  cooperative  educational  services, in the office of the
    21  clerk of the county in which he shall reside, if no place  be  otherwise
    22  provided by law for the filing thereof.
    23    2.  The  oath of office of a statewide elected official, member of the
    24  legislature, head of a state agency or elected local official,  as  such
    25  terms  are  used  in  section  seventy-three-a of this chapter, shall be
    26  filed together with a certification that  such  official  will  annually
    27  file  his or her New York state income tax return with the joint commis-
    28  sion on public ethics as required by  section  seventy-three-a  of  this
    29  chapter.    Notwithstanding the provisions of subdivision (e) of section
    30  six hundred ninety-seven of the tax law, such certification  shall  also
    31  constitute  authorization  for the department of taxation and finance to
    32  disclose to the joint commission on public ethics any income tax  return
    33  filed  with  such  department  that  was  required to be filed with such
    34  commission pursuant to section  seventy-three-a  of  this  chapter  upon
    35  notification  by  such  commission  that such return was not filed as so
    36  required.
    37    § 2. Section 13 of the public officers  law  is  amended  to  read  as
    38  follows:
    39    § 13. Notice  of  neglect  to file oath or undertaking. The officer or
    40  body making the appointment or certificate of election of a public offi-
    41  cer shall, if the officer be required to give an official undertaking to
    42  be filed in an office other than that in which the  written  appointment
    43  or certificate of election is to be filed, forthwith give written notice
    44  of  such  appointment  or  election  to  the officer in whose office the
    45  undertaking is to be filed. The officer or body making  the  appointment
    46  or  certificate  of  election of a statewide elected official, member of
    47  the legislature, head of a state agency or elected  local  official,  as
    48  such  terms  are  used in section seventy-three-a of this chapter, shall
    49  also forthwith give written notice of such appointment  or  election  to
    50  the  joint  commission  on  public ethics. If any officer shall neglect,
    51  within the time required by law, to take and file an official  oath,  or
    52  execute  and  file an official undertaking, the officer, with whom or in
    53  whose office such oath or undertaking is required  to  be  filed,  shall
    54  forthwith  give  notice of such neglect, if of an appointive officer, to
    55  the authority appointing such officer; if of an elective officer, to the
    56  officer, board or body authorized to fill a vacancy in such  office,  if

        S. 7505--A                         74                         A. 9505--A

     1  any,  or  if none and a vacancy in the office may be filled by a special
     2  election, to the officer, board or  body  authorized  to  call  or  give
     3  notice  of  a  special  election  to  fill such vacancy; except that the
     4  notice  of  failure of a justice of the peace to file his official oath,
     5  shall be given to the town clerk of the town for which the  justice  was
     6  elected.
     7    § 3. Paragraph h of subdivision 1 of section 30 of the public officers
     8  law,  as  amended by chapter 209 of the laws of 1954, is amended to read
     9  as follows:
    10    h. His refusal or neglect to file  his  official  oath,  certification
    11  pursuant to subdivision two of section ten of this chapter, if required,
    12  or  undertaking,  if one is required, before or within thirty days after
    13  the commencement of the term of office for which he  is  chosen,  if  an
    14  elective  office,  or  if an appointive office, within thirty days after
    15  notice of his appointment, or within thirty days after the  commencement
    16  of  such term; or to file a renewal undertaking within the time required
    17  by law, or if no time be so specified, within thirty days  after  notice
    18  to  him  in pursuance of law, that such renewal undertaking is required.
    19  The neglect or failure of any state or local officer to execute and file
    20  his oath of office, certification required by subdivision two of section
    21  ten of this chapter and official undertaking  within  the  time  limited
    22  therefor  by law, shall not create a vacancy in the office if such offi-
    23  cer was on active duty in the armed forces  of  the  United  States  and
    24  absent  from  the county of his residence at the time of his election or
    25  appointment, and shall take his oath of office and execute his  official
    26  undertaking  within  thirty days after receipt of notice of his election
    27  or appointment, and provided such oath of office, certification required
    28  by subdivision two of section ten of this chapter and official undertak-
    29  ing be filed within ninety days following the date it has been taken and
    30  subscribed, any inconsistent provision  of  law,  general,  special,  or
    31  local to the contrary, notwithstanding.
    32    §  4.  Subdivision  1  of  section  73-a of the public officers law is
    33  amended by adding a new paragraph (n) to read as follows:
    34    (n) The term "elected local official" shall mean an  elected  official
    35  of  a local agency who receives annual compensation for such position in
    36  excess of one hundred thousand dollars.
    37    § 5. Paragraphs (a), (e) and (k) of subdivision 2 of section  73-a  of
    38  public officers law, paragraphs (a) and (e) as amended and paragraph (k)
    39  as  added by section 5 of part A of chapter 399 of the laws of 2011, are
    40  amended to read as follows:
    41    (a) Every statewide  elected  official,  state  officer  or  employee,
    42  member  of  the  legislature,  legislative  employee and political party
    43  chairman and every candidate for statewide elected office or for  member
    44  of  the  legislature shall file an annual statement of financial disclo-
    45  sure containing the information and in the form set forth in subdivision
    46  three of this section.  Every statewide elected official, member of  the
    47  legislature,  or  head  of  a  state  agency  shall also file, and every
    48  elected local official shall file a copy of his or her  New  York  state
    49  income  tax  return,  including  any  schedules  and attachments to such
    50  return, for the preceding year. On or before the fifteenth  day  of  May
    51  with  respect  to  the  preceding calendar year: (1) every member of the
    52  legislature, every candidate for member of the legislature and  legisla-
    53  tive  employee  shall  file  such  statement,and  such  tax  return,  if
    54  required, with the legislative ethics  commission  which  shall  provide
    55  such  statement along with any requests for exemptions or deletions, and
    56  such tax return, if required, to the joint commission on  public  ethics

        S. 7505--A                         75                         A. 9505--A

     1  for  filing  and rulings with respect to such requests for exemptions or
     2  deletions, on or before the thirtieth day of June; [and] (2)  all  other
     3  individuals  required to file such statement shall file it, and such tax
     4  return, if required, with the joint commission on public ethics; and (3)
     5  any  elected local official shall file such tax return with such commis-
     6  sion, except that:
     7    (i) a person who is subject to  the  reporting  requirements  of  this
     8  subdivision  and  who  timely filed with the internal revenue service an
     9  application for automatic extension of time in which to file his or  her
    10  individual  income  tax return for the immediately preceding calendar or
    11  fiscal year shall be required to file such financial  disclosure  state-
    12  ment  on or before May fifteenth but may, without being subjected to any
    13  civil penalty on account of a deficient statement, indicate with respect
    14  to any item of the disclosure statement that  information  with  respect
    15  thereto  is lacking but will be supplied in a supplementary statement of
    16  financial disclosure, which shall be filed, together with  any  required
    17  tax  return,  on  or  before the seventh day after the expiration of the
    18  period of such automatic extension of time within  which  to  file  such
    19  individual income tax return, provided that failure to file or to timely
    20  file  such supplementary statement of financial disclosure or the filing
    21  of an incomplete  or  deficient  supplementary  statement  of  financial
    22  disclosure shall be subject to the notice and penalty provisions of this
    23  section  respecting annual statements of financial disclosure as if such
    24  supplementary statement were an annual statement;
    25    (ii) a person who is required to file an annual  financial  disclosure
    26  statement with the joint commission on public ethics, and who is granted
    27  an  additional period of time within which to file such statement due to
    28  justifiable cause or undue hardship, in accordance with  required  rules
    29  and  regulations on the subject adopted pursuant to paragraph [c] (c) of
    30  subdivision nine of section ninety-four of the executive law shall  file
    31  such  statement  within  the  additional period of time granted; and the
    32  legislative ethics commission  shall  notify  the  joint  commission  on
    33  public ethics of any extension granted pursuant to this paragraph;
    34    (iii)  candidates for statewide office who receive a party designation
    35  for nomination by a state committee pursuant to  section  6-104  of  the
    36  election law shall file such statement within ten days after the date of
    37  the meeting at which they are so designated;
    38    (iv)  candidates  for statewide office who receive twenty-five percent
    39  or more of the vote cast at the meeting  of  the  state  committee  held
    40  pursuant  to  section  6-104  of the election law and who demand to have
    41  their names placed on the primary ballot and who do not withdraw  within
    42  fourteen  days  after  such meeting shall file such statement within ten
    43  days after the last day to withdraw their names in accordance  with  the
    44  provisions of such section of the election law;
    45    (v)  candidates  for statewide office and candidates for member of the
    46  legislature who file party designating petitions  for  nomination  at  a
    47  primary  election  shall  file  such statement within ten days after the
    48  last day allowed by law for the filing of  party  designating  petitions
    49  naming them as candidates for the next succeeding primary election;
    50    (vi)  candidates  for  independent nomination who have not been desig-
    51  nated by a party to receive a nomination shall file such statement with-
    52  in ten days after the last day allowed by law for the  filing  of  inde-
    53  pendent  nominating  petitions  naming  them  as  candidates in the next
    54  succeeding general or special election;

        S. 7505--A                         76                         A. 9505--A

     1    (vii) candidates who receive the nomination of a party for  a  special
     2  election shall file such statement within ten days after the date of the
     3  meeting of the party committee at which they are nominated;
     4    (viii)  a  candidate  substituted  for  another candidate, who fills a
     5  vacancy in a party designation or in an independent  nomination,  caused
     6  by declination, shall file such statement within ten days after the last
     7  day allowed by law to file a certificate to fill a vacancy in such party
     8  designation or independent nomination;
     9    (ix) with respect to all candidates for member of the legislature, the
    10  legislative  ethics commission shall within five days of receipt provide
    11  the joint commission on public ethics the statement  filed  pursuant  to
    12  subparagraphs (v), (vi), (vii) and (viii) of this paragraph.
    13    (e)  Any  person  required to file such statement and/or file such tax
    14  return who commences employment after May  fifteenth  of  any  year  and
    15  political  party  chairman  shall  file such statement and, if required,
    16  such tax return within thirty days after  commencing  employment  or  of
    17  taking  the position of political party chairman, as the case may be. In
    18  the case of members of the legislature and legislative  employees,  such
    19  statements  shall be filed with the legislative ethics commission within
    20  thirty days after commencing  employment,  and  the  legislative  ethics
    21  commission  shall  provide  such  statements  to the joint commission on
    22  public ethics within forty-five days of receipt.
    23    (k) The joint commission on public ethics shall: (i) post for at least
    24  five years beginning for filings made on  January  first,  two  thousand
    25  thirteen the annual statement of financial disclosure and any amendments
    26  filed  by  each  person  subject  to  the reporting requirements of this
    27  subdivision who is an elected official on its website for public  review
    28  within  thirty  days of its receipt of such statement or within ten days
    29  of its receipt of such amendment that reflects any corrections of  defi-
    30  ciencies  identified  by  the  commission or by the reporting individual
    31  after the reporting individual's initial filing. Except upon an individ-
    32  ual determination by the commission  that  certain  information  may  be
    33  deleted  from  a  reporting  individual's  annual statement of financial
    34  disclosure, none of the information  in  the  statement  posted  on  the
    35  commission's website shall be otherwise deleted;
    36    (ii)  post  for at least five years beginning for filings made for the
    37  two thousand nineteen calendar year any income tax return filed pursuant
    38  to this subdivision, provided, however, that prior to  posting  any  tax
    39  return to the commission shall redact such information as it, in consul-
    40  tation with the commissioner of taxation and finance or his or her dele-
    41  gate,  deems  appropriate or required by law. An official shall be enti-
    42  tled to request at the  time  of  filing  of  a  tax  return  particular
    43  redactions  to  such  return  that the commission shall make if it deems
    44  such redactions to be appropriate.
    45    § 6. The election law is amended by adding a new section 6-169 to read
    46  as follows:
    47    § 6-169. Notice of  transparency  requirements.  The  state  board  of
    48  elections  or other board of elections, as the case may be, shall notify
    49  each person nominated or designated as a candidate for elective  office,
    50  not  later than ten days after such nomination or designation, that such
    51  office may be subject to certification requirements pursuant to  section
    52  ten  of the public officers law and subject to financial and tax disclo-
    53  sure requirements pursuant to  section  seventy-three-a  of  the  public
    54  officers law.
    55    §  7.  This  act  shall  take  effect  immediately  and shall apply to
    56  elections conducted and appointments made on or after such date.

        S. 7505--A                         77                         A. 9505--A

     1                                   PART UU

     2    Section  1.  Section 172-b of the executive law is amended by adding a
     3  new subdivision 9 to read as follows:
     4    9. Any registered charitable organization that is required to file  an
     5  annual  financial  report  pursuant  to  subdivision  one or two of this
     6  section, or that is required to file a funding disclosure report  pursu-
     7  ant  to  section  one  hundred  seventy-two-e  of this article, and/or a
     8  financial  disclosure   report   pursuant   to   section   one   hundred
     9  seventy-two-f of this article for a reporting period during the applica-
    10  ble  fiscal  year  shall  also be required to file such annual financial
    11  report, including all required forms and attachments, with  the  depart-
    12  ment of taxation and finance.
    13    §  1-a.  Subdivision 2 of section 172-e of the executive law, as added
    14  by section 1 of part F of chapter 286 of the laws of 2016, is amended to
    15  read as follows:
    16    2. Funding disclosure reports to be filed by covered entities. (a) Any
    17  covered entity that makes an in-kind donation in  excess  of  [two]  ten
    18  thousand  [five hundred] dollars to a recipient entity during a relevant
    19  reporting period shall file a funding disclosure report with the depart-
    20  ment of law. The funding disclosure report shall include:
    21    (i) the name and address of the covered entity that made  the  in-kind
    22  donation;
    23    (ii)  the  name  and  address of the recipient entity that received or
    24  benefitted from the in-kind donation;
    25    (iii) the names of any persons who  exert  operational  or  managerial
    26  control  over the covered entity. The disclosures required by this para-
    27  graph shall include the name of at least one natural person;
    28    (iv) the date [the in-kind] such donation  was  made  by  the  covered
    29  entity; and
    30    (v)  [any  donation  in excess of two thousand five hundred dollars to
    31  the covered entity during the relevant reporting  period  including  the
    32  identity  of  the  donor of any such donation] a detailed description of
    33  the in-kind donation, including the charitable purpose advanced by  such
    34  donation,  if  any,  and any restrictions on the use of such donation by
    35  the recipient entity.
    36    [(vi) the date of any such donation to a covered entity.]
    37    (b) The covered entity shall file a funding disclosure report with the
    38  department of law and the department  of  taxation  and  finance  within
    39  thirty days of the close of a reporting period.
    40    §  2. Subdivision 2 of section 172-f of the executive law, as added by
    41  section 1 of part G of chapter 286 of the laws of 2016,  is  amended  to
    42  read as follows:
    43    2.  Disclosure  of  expenditures  for  covered communications. (a) Any
    44  covered entity that makes expenditures for covered communications in  an
    45  aggregate  amount or fair market value exceeding ten thousand dollars in
    46  a calendar year shall  file  a  financial  disclosure  report  with  the
    47  department of law. The financial disclosure report shall include:
    48    (i)  the name and address of the covered entity that made the expendi-
    49  ture for covered communications;
    50    (ii) the name or names of any individuals  who  exert  operational  or
    51  managerial  control over the covered entity. The disclosures required by
    52  this paragraph shall include the name of at least one natural person;
    53    (iii) a detailed description of the covered communication;

        S. 7505--A                         78                         A. 9505--A

     1    (iv) the dollar amount paid for each covered communication,  the  name
     2  and  address of the person or entity receiving the payment, and the date
     3  the payment was made; and
     4    [(iv)]  (v) for any restricted donation received by the covered entity
     5  in whole or in part for the support of the  covered  communication,  the
     6  name  and  address of any individual, corporation, association, or group
     7  that made a donation [of one thousand dollars or more]  to  the  covered
     8  entity  and  the  date of such donation, and the amount of the donation,
     9  together with a description of any restriction.
    10    (b) The covered entity shall file a financial disclosure  report  with
    11  the  department of law and the department of taxation and finance within
    12  thirty days of the close of a reporting period.
    13    (c) If a covered entity keeps one or  more  segregated  bank  accounts
    14  containing funds used solely for covered communications and makes all of
    15  its  expenditures  for  covered  communications from such accounts, then
    16  with respect to donations included in subparagraph [(iv)] (v)  of  para-
    17  graph  (a)  of  this subdivision, the financial report need only include
    18  donations deposited into such accounts.
    19    § 3. Section 172-e of the executive law is amended  by  adding  a  new
    20  subdivision 4 to read as follows:
    21    4.  If  a  covered  entity's or recipient entity's annual report filed
    22  pursuant to section one hundred seventy-two of  this  article  does  not
    23  include  a  completed  Internal  Revenue Service Form 990 schedule B and
    24  that covered entity makes, or that recipient entity receives, qualifying
    25  donations pursuant to subdivision two of this section, that entity shall
    26  in addition to filing a disclosure with the department of law, also file
    27  with the department of taxation and finance a complete Internal  Revenue
    28  Service  Form 990 Schedule B, regardless of whether such form is submit-
    29  ted or required to be submitted to the Internal Revenue Service.
    30    § 4. Section 172-f of the executive law is amended  by  adding  a  new
    31  subdivision 4 to read as follows:
    32    4.  If  a covered entity's annual report filed pursuant to section one
    33  hundred seventy-two of this article does not include a completed  Inter-
    34  nal Revenue Service Form 990 schedule B, the entity shall in addition to
    35  filing  a  disclosure  with  the  department  of law, also file with the
    36  department of taxation and finance a complete Internal  Revenue  Service
    37  Form  990  schedule  B,  regardless of whether such form is submitted or
    38  required to be submitted to the Internal Revenue Service.
    39    § 5. Section 171 of the tax law is amended by adding a new subdivision
    40  twenty-ninth to read as follows:
    41    Twenty-ninth.  The  commissioner  shall  receive  all  annual  reports
    42  required  to be filed with the department pursuant to either subdivision
    43  one or two of section one hundred seventy-two-b of  the  executive  law,
    44  subdivision  four  of section one hundred seventy-two-e of the executive
    45  law, or subdivision four of section one  hundred  seventy-two-f  of  the
    46  executive  law  and  shall  publish  such  schedules on the department's
    47  website.
    48    § 6. This act shall take effect on the thirtieth day  after  it  shall
    49  have become a law.

    50                                   PART VV

    51    Section  1. The state comptroller is hereby authorized and directed to
    52  loan money in accordance with the provisions set forth in subdivision  5
    53  of  section  4  of  the  state finance law to the following funds and/or
    54  accounts:

        S. 7505--A                         79                         A. 9505--A

     1    1. DOL-Child performer protection account (20401).
     2    2. Proprietary vocational school supervision account (20452).
     3    3. Local government records management account (20501).
     4    4. Child health plus program account (20810).
     5    5. EPIC premium account (20818).
     6    6. Education - New (20901).
     7    7. VLT - Sound basic education fund (20904).
     8    8.   Sewage  treatment  program  management  and  administration  fund
     9  (21000).
    10    9. Hazardous bulk storage account (21061).
    11    10. Utility environmental regulatory account (21064).
    12    11. Federal grants indirect cost recovery account (21065).
    13    12. Low level radioactive waste account (21066).
    14    13. Recreation account (21067).
    15    14. Public safety recovery account (21077).
    16    15. Environmental regulatory account (21081).
    17    16. Natural resource account (21082).
    18    17. Mined land reclamation program account (21084).
    19    18. Great lakes restoration initiative account (21087).
    20    19. Environmental protection and oil spill compensation fund (21200).
    21    20. Public transportation systems account (21401).
    22    21. Metropolitan mass transportation (21402).
    23    22. Operating permit program account (21451).
    24    23. Mobile source account (21452).
    25    24.  Statewide  planning  and  research  cooperative  system   account
    26  (21902).
    27    25. New York state thruway authority account (21905).
    28    26. Mental hygiene program fund account (21907).
    29    27. Mental hygiene patient income account (21909).
    30    28. Financial control board account (21911).
    31    29. Regulation of racing account (21912).
    32    30. State university dormitory income reimbursable account (21937).
    33    31. Criminal justice improvement account (21945).
    34    32. Environmental laboratory reference fee account (21959).
    35    33. Training, management and evaluation account (21961).
    36    34. Clinical laboratory reference system assessment account (21962).
    37    35. Indirect cost recovery account (21978).
    38    36. High school equivalency program account (21979).
    39    37. Multi-agency training account (21989).
    40    38. Bell jar collection account (22003).
    41    39. Industry and utility service account (22004).
    42    40. Real property disposition account (22006).
    43    41. Parking account (22007).
    44    42. Courts special grants (22008).
    45    43. Asbestos safety training program account (22009).
    46    44. Camp Smith billeting account (22017).
    47    45. Batavia school for the blind account (22032).
    48    46. Investment services account (22034).
    49    47. Surplus property account (22036).
    50    48. Financial oversight account (22039).
    51    49. Regulation of Indian gaming account (22046).
    52    50. Rome school for the deaf account (22053).
    53    51. Seized assets account (22054).
    54    52. Administrative adjudication account (22055).
    55    53. Federal salary sharing account (22056).
    56    54. New York City assessment account (22062).

        S. 7505--A                         80                         A. 9505--A

     1    55. Cultural education account (22063).
     2    56. Local services account (22078).
     3    57. DHCR mortgage servicing account (22085).
     4    58. Housing indirect cost recovery account (22090).
     5    59. DHCR-HCA application fee account (22100).
     6    60. Low income housing monitoring account (22130).
     7    61. Corporation administration account (22135).
     8    62.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
     9  account (22144).
    10    63. Deferred compensation administration account (22151).
    11    64. Rent revenue other New York City account (22156).
    12    65. Rent revenue account (22158).
    13    66. Tax revenue arrearage account (22168).
    14    67. New York state medical indemnity fund account (22240).
    15    68. State university general income offset account (22654).
    16    69. Lake George park trust fund account (22751).
    17    70. State police motor vehicle law enforcement account (22802).
    18    71. Highway safety program account (23001).
    19    72. DOH drinking water program account (23102).
    20    73. NYCCC operating offset account (23151).
    21    74. Commercial gaming revenue account (23701).
    22    75. Commercial gaming regulation account (23702).
    23    76. Highway use tax administration account (23801).
    24    77. New York state secure choice administrative account (23806).
    25    78. Fantasy sports administration account (24951).
    26    79. Highway and bridge capital account (30051).
    27    80. Aviation purpose account (30053).
    28    81. State university residence hall rehabilitation fund (30100).
    29    82. State parks infrastructure account (30351).
    30    83. Clean water/clean air implementation fund (30500).
    31    84. Hazardous waste remedial cleanup account (31506).
    32    85. Youth facilities improvement account (31701).
    33    86. Housing assistance fund (31800).
    34    87. Housing program fund (31850).
    35    88. Highway facility purpose account (31951).
    36    89. Information technology capital financing account (32215).
    37    90. New York racing account (32213).
    38    91. Capital miscellaneous gifts account (32214).
    39    92. New York environmental protection and  spill  remediation  account
    40  (32219).
    41    93. Mental hygiene facilities capital improvement fund (32300).
    42    94. Correctional facilities capital improvement fund (32350).
    43    95. New York State Storm Recovery Capital Fund (33000).
    44    96. OGS convention center account (50318).
    45    97. Empire Plaza Gift Shop (50327).
    46    98. Centralized services fund (55000).
    47    99. Archives records management account (55052).
    48    100. Federal single audit account (55053).
    49    101. Civil service EHS occupational health program account (55056).
    50    102. Banking services account (55057).
    51    103. Cultural resources survey account (55058).
    52    104. Neighborhood work project account (55059).
    53    105. Automation & printing chargeback account (55060).
    54    106. OFT NYT account (55061).
    55    107. Data center account (55062).
    56    108. Intrusion detection account (55066).

        S. 7505--A                         81                         A. 9505--A

     1    109. Domestic violence grant account (55067).
     2    110. Centralized technology services account (55069).
     3    111. Labor contact center account (55071).
     4    112. Human services contact center account (55072).
     5    113. Tax contact center account (55073).
     6    114. Department of law civil recoveries account (55074).
     7    115. Executive direction internal audit account (55251).
     8    116. CIO Information technology centralized services account (55252).
     9    117. Health insurance internal service account (55300).
    10    118.  Civil  service employee benefits division administrative account
    11  (55301).
    12    119. Correctional industries revolving fund (55350).
    13    120. Employees health insurance account (60201).
    14    121. Medicaid management information system escrow fund (60900).
    15    122. New York state cannabis revenue fund.
    16    123. Behavioral health parity compliance fund.
    17    § 1-a. The state comptroller is hereby authorized and directed to loan
    18  money in accordance with the provisions set forth in  subdivision  5  of
    19  section  4  of the state finance law to any account within the following
    20  federal funds, provided the comptroller has made  a  determination  that
    21  sufficient  federal grant award authority is available to reimburse such
    22  loans:
    23    1. Federal USDA-food and nutrition services fund (25000).
    24    2. Federal health and human services fund (25100).
    25    3. Federal education fund (25200).
    26    4. Federal block grant fund (25250).
    27    5. Federal miscellaneous operating grants fund (25300).
    28    6. Federal unemployment insurance administration fund (25900).
    29    7. Federal unemployment insurance occupational training fund (25950).
    30    8. Federal emergency employment act fund (26000).
    31    9. Federal capital projects fund (31350).
    32    § 2. Notwithstanding any law to the contrary, and in  accordance  with
    33  section 4 of the state finance law, the comptroller is hereby authorized
    34  and directed to transfer, upon request of the director of the budget, on
    35  or  before March 31, 2021, up to the unencumbered balance or the follow-
    36  ing amounts:
    37    Economic Development and Public Authorities:
    38    1. $175,000 from the miscellaneous special revenue  fund,  underground
    39  facilities safety training account (22172), to the general fund.
    40    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    41  special revenue fund, business and licensing services  account  (21977),
    42  to the general fund.
    43    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
    44  enforcement account (21904), to the general fund.
    45    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    46  revenue fund, tax revenue arrearage account (22168).
    47    Education:
    48    1.  $2,487,000,000  from  the  general fund to the state lottery fund,
    49  education account (20901), as reimbursement for disbursements made  from
    50  such  fund for supplemental aid to education pursuant to section 92-c of
    51  the state finance law that are in excess of  the  amounts  deposited  in
    52  such fund for such purposes pursuant to section 1612 of the tax law.
    53    2.  $978,000,000  from the general fund to the state lottery fund, VLT
    54  education account (20904), as reimbursement for disbursements made  from
    55  such  fund for supplemental aid to education pursuant to section 92-c of

        S. 7505--A                         82                         A. 9505--A

     1  the state finance law that are in excess of  the  amounts  deposited  in
     2  such fund for such purposes pursuant to section 1612 of the tax law.
     3    3. $168,000,000 from the general fund to the New York state commercial
     4  gaming fund, commercial gaming revenue account (23701), as reimbursement
     5  for  disbursements made from such fund for supplemental aid to education
     6  pursuant to section 97-nnnn of the state finance law that are in  excess
     7  of  the  amounts deposited in such fund for purposes pursuant to section
     8  1352 of the racing, pari-mutuel wagering and breeding law.
     9    4. $5,000,000 from the interactive fantasy sports fund, fantasy sports
    10  education account (24950), to the state lottery fund, education  account
    11  (20901),  as  reimbursement  for  disbursements  made from such fund for
    12  supplemental aid to education pursuant to  section  92-c  of  the  state
    13  finance law.
    14    5.  An amount up to the unencumbered balance from the charitable gifts
    15  trust fund, elementary and secondary education account (24901),  to  the
    16  general fund, for payment of general support for public schools pursuant
    17  to section 3609-a of the education law.
    18    6. Moneys from the state lottery fund (20900) up to an amount deposit-
    19  ed in such fund pursuant to section 1612 of the tax law in excess of the
    20  current year appropriation for supplemental aid to education pursuant to
    21  section 92-c of the state finance law.
    22    7.  $300,000  from the New York state local government records manage-
    23  ment improvement  fund,  local  government  records  management  account
    24  (20501), to the New York state archives partnership trust fund, archives
    25  partnership trust maintenance account (20351).
    26    8. $900,000 from the general fund to the miscellaneous special revenue
    27  fund, Batavia school for the blind account (22032).
    28    9. $900,000 from the general fund to the miscellaneous special revenue
    29  fund, Rome school for the deaf account (22053).
    30    10.  $343,400,000  from  the  state  university  dormitory income fund
    31  (40350) to the miscellaneous  special  revenue  fund,  state  university
    32  dormitory income reimbursable account (21937).
    33    11.  $8,318,000  from  the general fund to the state university income
    34  fund, state university income offset account (22654),  for  the  state's
    35  share of repayment of the STIP loan.
    36    12. $47,000,000 from the state university income fund, state universi-
    37  ty hospitals income reimbursable account (22656) to the general fund for
    38  hospital  debt  service  for  the period April 1, 2020 through March 31,
    39  2021.
    40    13. $25,390,000 from the miscellaneous special revenue fund, office of
    41  the professions account (22051), to the miscellaneous  capital  projects
    42  fund, office of the professions electronic licensing account (32222).
    43    14.  $24,000,000  from any of the state education department's special
    44  revenue and internal service funds to the miscellaneous special  revenue
    45  fund, indirect cost recovery account (21978).
    46    15.  $4,200,000  from  any of the state education department's special
    47  revenue or internal service funds to the capital projects fund (30000).
    48    16. $1,500,000 from the miscellaneous special revenue fund, office  of
    49  the  professions  account (22051), to the general fund from fees charged
    50  to each non-licensee owner of a firm that is incorporating as a  profes-
    51  sional  service corporation formed to lawfully engage in the practice of
    52  public accountancy.
    53    Environmental Affairs:
    54    1. $16,000,000 from any of the department of  environmental  conserva-
    55  tion's  special  revenue federal funds to the environmental conservation
    56  special revenue fund, federal indirect recovery account (21065).

        S. 7505--A                         83                         A. 9505--A

     1    2. $5,000,000 from any of the department  of  environmental  conserva-
     2  tion's special revenue federal funds to the conservation fund (21150) or
     3  Marine  Resources  Account  (21151)  as  necessary to avoid diversion of
     4  conservation funds.
     5    3. $3,000,000 from any of the office of parks, recreation and historic
     6  preservation  capital projects federal funds and special revenue federal
     7  funds to the miscellaneous special revenue fund, federal grant  indirect
     8  cost recovery account (22188).
     9    4. $1,000,000 from any of the office of parks, recreation and historic
    10  preservation  special revenue federal funds to the miscellaneous capital
    11  projects fund, I love NY water account (32212).
    12    5. $28,000,000 from the general fund to the  environmental  protection
    13  fund, environmental protection fund transfer account (30451).
    14    6.  $1,800,000  from  the general fund to the hazardous waste remedial
    15  fund, hazardous waste oversight and assistance account (31505).
    16    7. An amount up to or equal to the cash  balance  within  the  special
    17  revenue-other  waste management & cleanup account (21053) to the capital
    18  projects fund (30000) for services and capital expenses related  to  the
    19  management  and  cleanup  program as put forth in section 27-1915 of the
    20  environmental conservation law.
    21    8. $3,600,000 from the  miscellaneous  special  revenue  fund,  public
    22  service account (22011) to the miscellaneous special revenue fund, util-
    23  ity environmental regulatory account (21064).
    24    9. $4,000,000 from the general fund to the enterprise fund, state fair
    25  account (50051).
    26    Family Assistance:
    27    1.  $7,000,000 from any of the office of children and family services,
    28  office of temporary and disability assistance, or department  of  health
    29  special  revenue  federal funds and the general fund, in accordance with
    30  agreements with social services districts, to the miscellaneous  special
    31  revenue  fund, office of human resources development state match account
    32  (21967).
    33    2. $4,000,000 from any of the office of children and  family  services
    34  or office of temporary and disability assistance special revenue federal
    35  funds to the miscellaneous special revenue fund, family preservation and
    36  support services and family violence services account (22082).
    37    3. $18,670,000 from any of the office of children and family services,
    38  office  of  temporary and disability assistance, or department of health
    39  special revenue federal  funds  and  any  other  miscellaneous  revenues
    40  generated  from  the operation of office of children and family services
    41  programs to the general fund.
    42    4. $125,000,000 from any of the office  of  temporary  and  disability
    43  assistance  or department of health special revenue funds to the general
    44  fund.
    45    5. $2,500,000 from any of  the  office  of  temporary  and  disability
    46  assistance  special  revenue  funds to the miscellaneous special revenue
    47  fund, office of temporary  and  disability  assistance  program  account
    48  (21980).
    49    6. $35,000,000 from any of the office of children and family services,
    50  office  of temporary and disability assistance, department of labor, and
    51  department of health special revenue federal  funds  to  the  office  of
    52  children  and family services miscellaneous special revenue fund, multi-
    53  agency training contract account (21989).
    54    7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
    55  facility per diem account (22186), to the general fund.

        S. 7505--A                         84                         A. 9505--A

     1    8.  $621,850  from the general fund to the combined gifts, grants, and
     2  bequests fund, WB Hoyt Memorial account (20128).
     3    9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
     4  central registry (22028), to the general fund.
     5    10. $600,000 from the miscellaneous  special  revenue  fund,  veterans
     6  remembrance  and cemetery maintenance and operation fund (20201), to the
     7  capital projects fund (30000).
     8    General Government:
     9    1. $1,566,000 from the miscellaneous special revenue fund, examination
    10  and miscellaneous revenue account (22065) to the general fund.
    11    2. $12,000,000 from the general fund to the health insurance revolving
    12  fund (55300).
    13    3. $292,400,000  from  the  health  insurance  reserve  receipts  fund
    14  (60550) to the general fund.
    15    4. $150,000 from the general fund to the not-for-profit revolving loan
    16  fund (20650).
    17    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
    18  general fund.
    19    6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
    20  property account (22036), to the general fund.
    21    7. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
    22  arrearage account (22024), to the general fund.
    23    8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
    24  arrearage account (22024), to the miscellaneous  special  revenue  fund,
    25  authority budget office account (22138).
    26    9.  $1,000,000  from  the  agencies  enterprise fund, parking services
    27  account (22007), to the general fund, for the purpose of reimbursing the
    28  costs of debt service related to state parking facilities.
    29    10. $9,628,000 from the general fund to the centralized services fund,
    30  COPS account (55013).
    31    11. $11,460,000 from the general fund to the agencies internal service
    32  fund, central technology services account (55069), for  the  purpose  of
    33  enterprise technology projects.
    34    12. $10,000,000 from the general fund to the agencies internal service
    35  fund, state data center account (55062).
    36    13.  $20,000,000 from the miscellaneous special revenue fund, workers'
    37  compensation account (21995),  to  the  miscellaneous  capital  projects
    38  fund,  workers'  compensation  board  IT  business  process design fund,
    39  (32218).
    40    14. $12,000,000 from the agencies enterprise  fund,  parking  services
    41  account  (22007), to the centralized services, building support services
    42  account (55018).
    43    15. $30,000,000 from the general fund to the  internal  service  fund,
    44  business services center account (55022).
    45    16.  $8,000,000  from  the  general fund to the internal service fund,
    46  building support services account (55018).
    47    17. $1,500,000 from  the  agencies  enterprise  fund,  special  events
    48  account (20120), to the general fund.
    49    Health:
    50    1.  A transfer from the general fund to the combined gifts, grants and
    51  bequests fund, breast cancer research and education account (20155),  up
    52  to  an  amount  equal  to  the  monies collected and deposited into that
    53  account in the previous fiscal year.
    54    2. A transfer from the general fund to the combined gifts, grants  and
    55  bequests  fund,  prostate  cancer  research,  detection,  and  education

        S. 7505--A                         85                         A. 9505--A

     1  account (20183), up to an amount  equal  to  the  moneys  collected  and
     2  deposited into that account in the previous fiscal year.
     3    3.  A transfer from the general fund to the combined gifts, grants and
     4  bequests fund,  Alzheimer's  disease  research  and  assistance  account
     5  (20143),  up  to  an  amount equal to the moneys collected and deposited
     6  into that account in the previous fiscal year.
     7    4. $33,134,000 from the HCRA resources fund (20800) to  the  miscella-
     8  neous  special  revenue  fund, empire state stem cell trust fund account
     9  (22161).
    10    5. $6,000,000 from the miscellaneous special revenue fund, certificate
    11  of need account (21920), to the  miscellaneous  capital  projects  fund,
    12  healthcare IT capital subfund (32216).
    13    6.  $2,000,000  from  the  miscellaneous  special  revenue fund, vital
    14  health records account (22103), to the  miscellaneous  capital  projects
    15  fund, healthcare IT capital subfund (32216).
    16    7.  $2,000,000  from  the  miscellaneous special revenue fund, profes-
    17  sional medical conduct account (22088),  to  the  miscellaneous  capital
    18  projects fund, healthcare IT capital subfund (32216).
    19    8.  $91,304,000  from  the  HCRA resources fund (20800) to the capital
    20  projects fund (30000).
    21    9. $6,550,000 from the general fund to  the  medical  marihuana  trust
    22  fund, health operation and oversight account (23755).
    23    10.  An  amount  up to the unencumbered balance from the miscellaneous
    24  special revenue fund, certificate of need account (21920), to the gener-
    25  al fund.
    26    11. An amount up to the unencumbered balance from the charitable gifts
    27  trust fund, health charitable account (24900), to the general fund,  for
    28  payment of general support for primary, preventive, and inpatient health
    29  care,  dental and vision care, hunger prevention and nutritional assist-
    30  ance, and other services for New York state residents with  the  overall
    31  goal  of  ensuring  that New York state residents have access to quality
    32  health care and other related services.
    33    12. $3,000,000 from the miscellaneous special revenue fund,  New  York
    34  State cannabis revenue fund, to the general fund.
    35    Labor:
    36    1.  $600,000  from the miscellaneous special revenue fund, DOL fee and
    37  penalty account (21923), to the child performer's protection fund, child
    38  performer protection account (20401).
    39    2. $11,700,000 from the unemployment insurance  interest  and  penalty
    40  fund,  unemployment  insurance  special  interest  and  penalty  account
    41  (23601), to the general fund.
    42    3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
    43  compensation  account  (21995),  to  the  training and education program
    44  occupation safety and health fund, OSHA-training and  education  account
    45  (21251) and occupational health inspection account (21252).
    46    Mental Hygiene:
    47    1.  $10,000,000  from  the  general fund, to the miscellaneous special
    48  revenue fund, federal salary sharing account (22056).
    49    2. $3,800,000 from the general fund, to the agencies internal  service
    50  fund, civil service EHS occupational health program account (55056).
    51    3.  $3,000,000  from  the  chemical dependence service fund, substance
    52  abuse services fund account  (22700),  to  the  mental  hygiene  capital
    53  improvement fund (32305).
    54    Public Protection:
    55    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
    56  management account (21944), to the general fund.

        S. 7505--A                         86                         A. 9505--A

     1    2. $2,087,000 from the  general  fund  to  the  miscellaneous  special
     2  revenue fund, recruitment incentive account (22171).
     3    3.  $22,773,000  from  the general fund to the correctional industries
     4  revolving  fund,  correctional  industries  internal   service   account
     5  (55350).
     6    4. $60,000,000 from any of the division of homeland security and emer-
     7  gency services special revenue federal funds to the general fund.
     8    5.  $11,149,000  from the miscellaneous special revenue fund, criminal
     9  justice improvement account (21945), to the general fund.
    10    6. $115,420,000 from the state police motor  vehicle  law  enforcement
    11  and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
    12  police motor vehicle enforcement account (22802), to  the  general  fund
    13  for state operation expenses of the division of state police.
    14    7.  $120,500,000  from the general fund to the correctional facilities
    15  capital improvement fund (32350).
    16    8. $5,000,000 from the general  fund  to  the  dedicated  highway  and
    17  bridge trust fund (30050) for the purpose of work zone safety activities
    18  provided by the division of state police for the department of transpor-
    19  tation.
    20    9.  $10,000,000 from the miscellaneous special revenue fund, statewide
    21  public safety communications account (22123), to  the  capital  projects
    22  fund (30000).
    23    10.  $9,830,000  from  the  miscellaneous  special revenue fund, legal
    24  services assistance account (22096), to the general fund.
    25    11. $1,000,000 from the general fund to the agencies internal  service
    26  fund, neighborhood work project account (55059).
    27    12.  $7,980,000  from  the miscellaneous special revenue fund, finger-
    28  print identification & technology account (21950), to the general fund.
    29    13. $1,100,000 from the state police motor vehicle law enforcement and
    30  motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
    31  theft and insurance fraud account (22801), to the general fund.
    32    14. $25,000,000 from the miscellaneous special revenue fund, statewide
    33  public safety communications account (22123), to the general fund.
    34    Transportation:
    35    1.  $31,000,000  from the general fund to the MTA financial assistance
    36  fund, mobility tax trust account (23651) for  disbursements  related  to
    37  part NN of chapter 54 of the laws of 2016.
    38    2.  $20,000,000 from the general fund to the mass transportation oper-
    39  ating  assistance  fund, public transportation systems operating assist-
    40  ance account (21401), of which $12,000,000 constitutes the base need for
    41  operations.
    42    3. $727,500,000 from the general fund to  the  dedicated  highway  and
    43  bridge trust fund (30050).
    44    4.  $244,250,000 from the general fund to the MTA financial assistance
    45  fund, mobility tax trust account (23651).
    46    5. $5,000,000 from the miscellaneous special revenue fund, transporta-
    47  tion regulation account (22067) to  the  dedicated  highway  and  bridge
    48  trust  fund  (30050),  for  disbursements  made from such fund for motor
    49  carrier safety that are in excess of the amounts deposited in the  dedi-
    50  cated highway and bridge trust fund (30050) for such purpose pursuant to
    51  section 94 of the transportation law.
    52    6.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
    53  adjudication account (22055), to the general fund.
    54    7. $11,721,000 from the mass transportation operating assistance fund,
    55  metropolitan mass transportation operating assistance  account  (21402),
    56  to the capital projects fund (30000).

        S. 7505--A                         87                         A. 9505--A

     1    8. $5,000,000 from the miscellaneous special revenue fund, transporta-
     2  tion  regulation  account (22067) to the general fund, for disbursements
     3  made from such fund for motor carrier safety that are in excess  of  the
     4  amounts  deposited  in  the  general  fund  for such purpose pursuant to
     5  section 94 of the transportation law.
     6    Miscellaneous:
     7    1. $250,000,000 from the general fund to any funds or accounts for the
     8  purpose of reimbursing certain outstanding accounts receivable balances.
     9    2.  $500,000,000  from  the general fund to the debt reduction reserve
    10  fund (40000).
    11    3. $450,000,000 from the New York state storm  recovery  capital  fund
    12  (33000) to the revenue bond tax fund (40152).
    13    4.  $15,500,000  from  the general fund, community projects account GG
    14  (10256), to the general fund, state purposes account (10050).
    15    5. $100,000,000 from any special revenue federal fund to  the  general
    16  fund, state purposes account (10050).
    17    §  3.  Notwithstanding any law to the contrary, and in accordance with
    18  section 4 of the state finance law, the comptroller is hereby authorized
    19  and directed to transfer, on or before March 31, 2021:
    20    1. Upon request of the commissioner of environmental conservation,  up
    21  to  $12,745,400 from revenues credited to any of the department of envi-
    22  ronmental conservation special revenue funds, including $4,000,000  from
    23  the  environmental  protection  and oil spill compensation fund (21200),
    24  and $1,834,600 from the conservation fund (21150), to the  environmental
    25  conservation special revenue fund, indirect charges account (21060).
    26    2.  Upon request of the commissioner of agriculture and markets, up to
    27  $3,000,000 from any special revenue fund or enterprise fund  within  the
    28  department of agriculture and markets to the general fund, to pay appro-
    29  priate administrative expenses.
    30    3.  Upon request of the commissioner of agriculture and markets, up to
    31  $2,000,000 from the state exposition special fund, state  fair  receipts
    32  account  (50051)  to the miscellaneous capital projects fund, state fair
    33  capital improvement account (32208).
    34    4. Upon request of the commissioner of the  division  of  housing  and
    35  community  renewal, up to $6,221,000 from revenues credited to any divi-
    36  sion of housing and community renewal federal or  miscellaneous  special
    37  revenue fund to the miscellaneous special revenue fund, housing indirect
    38  cost recovery account (22090).
    39    5.  Upon  request  of  the commissioner of the division of housing and
    40  community renewal, up to $5,500,000 may be transferred from any  miscel-
    41  laneous  special  revenue  fund  account,  to  any miscellaneous special
    42  revenue fund.
    43    6. Upon request of the commissioner of health up to  $13,225,000  from
    44  revenues  credited  to any of the department of health's special revenue
    45  funds, to the miscellaneous special revenue fund, administration account
    46  (21982).
    47    § 4. On or before March 31, 2021, the comptroller is hereby authorized
    48  and directed to deposit earnings that  would  otherwise  accrue  to  the
    49  general  fund  that are attributable to the operation of section 98-a of
    50  the state finance law, to the agencies internal  service  fund,  banking
    51  services  account  (55057),  for  the purpose of meeting direct payments
    52  from such account.
    53    § 5. Notwithstanding any law to the contrary, upon  the  direction  of
    54  the  director of the budget and upon requisition by the state university
    55  of New York, the dormitory  authority  of  the  state  of  New  York  is
    56  directed  to  transfer, up to $22,000,000 in revenues generated from the

        S. 7505--A                         88                         A. 9505--A

     1  sale of notes or bonds, the state university income fund general revenue
     2  account (22653) for reimbursement  of  bondable  equipment  for  further
     3  transfer to the state's general fund.
     4    §  6.  Notwithstanding any law to the contrary, and in accordance with
     5  section 4 of the state finance law, the comptroller is hereby authorized
     6  and directed to transfer, upon request of the director of the budget and
     7  upon consultation with the state university chancellor  or  his  or  her
     8  designee,  on or before March 31, 2021, up to $16,000,000 from the state
     9  university income fund general revenue  account  (22653)  to  the  state
    10  general  fund for debt service costs related to campus supported capital
    11  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    12  University at Buffalo.
    13    §  7.  Notwithstanding any law to the contrary, and in accordance with
    14  section 4 of the state finance law, the comptroller is hereby authorized
    15  and directed to transfer, upon request of the director of the budget and
    16  upon consultation with the state university chancellor  or  his  or  her
    17  designee,  on  or before March 31, 2021, up to $6,500,000 from the state
    18  university income fund general revenue  account  (22653)  to  the  state
    19  general  fund for debt service costs related to campus supported capital
    20  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    21  University at Albany.
    22    §  8.  Notwithstanding  any  law to the contrary, the state university
    23  chancellor or his or her designee is authorized and directed to transfer
    24  estimated tuition revenue balances from the state university  collection
    25  fund  (61000)  to  the  state  university  income fund, state university
    26  general revenue offset account (22655) on or before March 31, 2021.
    27    § 9. Notwithstanding any law to the contrary, and in  accordance  with
    28  section 4 of the state finance law, the comptroller is hereby authorized
    29  and directed to transfer, upon request of the director of the budget, up
    30  to  $1,019,748,300  from the general fund to the state university income
    31  fund, state university general revenue offset account (22655) during the
    32  period of July 1, 2020 through June 30, 2021 to  support  operations  at
    33  the state university.
    34    §  10. Notwithstanding any law to the contrary, and in accordance with
    35  section 4 of the state finance law, the comptroller is hereby authorized
    36  and directed to transfer, upon request of the director of the budget, up
    37  to $20,000,000 from the general fund  to  the  state  university  income
    38  fund, state university general revenue offset account (22655) during the
    39  period  of  July  1,  2020 to June 30, 2021 to support operations at the
    40  state university in accordance with the maintenance of  effort  pursuant
    41  to  subparagraph  (4)  of paragraph h of subdivision 2 of section 355 of
    42  the education law.
    43    § 11. Notwithstanding any law to the contrary, and in accordance  with
    44  section 4 of the state finance law, the comptroller is hereby authorized
    45  and  directed to transfer, upon request of the state university chancel-
    46  lor or his or her designee, up to $55,000,000 from the state  university
    47  income  fund,  state  university  hospitals  income reimbursable account
    48  (22656), for services and expenses of hospital  operations  and  capital
    49  expenditures at the state university hospitals; and the state university
    50  income  fund,  Long  Island  veterans' home account (22652) to the state
    51  university capital projects fund (32400) on or before June 30, 2021.
    52    § 12. Notwithstanding any law to the contrary, and in accordance  with
    53  section  4 of the state finance law, the comptroller, after consultation
    54  with the state university chancellor or his or her designee,  is  hereby
    55  authorized  and directed to transfer moneys, in the first instance, from
    56  the state university collection fund, Stony  Brook  hospital  collection

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     1  account (61006), Brooklyn hospital collection account (61007), and Syra-
     2  cuse  hospital collection account (61008) to the state university income
     3  fund, state university hospitals income reimbursable account (22656)  in
     4  the  event  insufficient  funds  are  available  in the state university
     5  income fund, state  university  hospitals  income  reimbursable  account
     6  (22656)  to  permit the full transfer of moneys authorized for transfer,
     7  to the general fund for payment of debt  service  related  to  the  SUNY
     8  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
     9  also hereby authorized and directed, after consultation with  the  state
    10  university  chancellor  or  his or her designee, to transfer moneys from
    11  the state university income fund to the state  university  income  fund,
    12  state  university  hospitals  income reimbursable account (22656) in the
    13  event insufficient funds are available in the  state  university  income
    14  fund,  state university hospitals income reimbursable account (22656) to
    15  pay hospital operating costs or to permit the full  transfer  of  moneys
    16  authorized for transfer, to the general fund for payment of debt service
    17  related to the SUNY hospitals on or before March 31, 2021.
    18    §  13.  Notwithstanding any law to the contrary, upon the direction of
    19  the director of the budget and the chancellor of the state university of
    20  New York or his or her designee, and in accordance with section 4 of the
    21  state finance law, the comptroller is hereby authorized and directed  to
    22  transfer  monies from the state university dormitory income fund (40350)
    23  to the state university residence hall rehabilitation fund (30100),  and
    24  from  the state university residence hall rehabilitation fund (30100) to
    25  the state university dormitory income fund (40350), in an amount not  to
    26  exceed $80 million from each fund.
    27    §  14. Notwithstanding any law to the contrary, and in accordance with
    28  section 4 of the state finance law, the comptroller is hereby authorized
    29  and directed to transfer, at the request of the director of the  budget,
    30  up  to $650 million from the unencumbered balance of any special revenue
    31  fund or account, agency  fund  or  account,  internal  service  fund  or
    32  account,  enterprise  fund  or account, or any combination of such funds
    33  and accounts, to the general fund. The amounts transferred  pursuant  to
    34  this authorization shall be in addition to any other transfers expressly
    35  authorized  in  the  2020-21  budget. Transfers from federal funds, debt
    36  service funds, capital projects funds, the community projects  fund,  or
    37  funds  that would result in the loss of eligibility for federal benefits
    38  or federal funds pursuant to federal law, rule, or regulation as assent-
    39  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
    40  1951 are not permitted pursuant to this authorization.
    41    §  15. Notwithstanding any law to the contrary, and in accordance with
    42  section 4 of the state finance law, the comptroller is hereby authorized
    43  and directed to transfer, at the request of the director of the  budget,
    44  up  to $100 million from any non-general fund or account, or combination
    45  of funds and accounts, to the miscellaneous special revenue fund,  tech-
    46  nology  financing  account  (22207),  the miscellaneous capital projects
    47  fund, the federal capital projects account (31350), information technol-
    48  ogy capital financing account (32215),  or  the  centralized  technology
    49  services  account  (55069),  for the purpose of consolidating technology
    50  procurement and services. The amounts transferred to  the  miscellaneous
    51  special  revenue  fund, technology financing account (22207) pursuant to
    52  this authorization shall be equal to or less than  the  amount  of  such
    53  monies  intended  to  support  information  technology  costs  which are
    54  attributable, according to a plan, to such account made in pursuance  to
    55  an  appropriation  by law. Transfers to the technology financing account
    56  shall be completed  from  amounts  collected  by  non-general  funds  or

        S. 7505--A                         90                         A. 9505--A

     1  accounts  pursuant  to a fund deposit schedule or permanent statute, and
     2  shall be transferred to the technology financing account pursuant  to  a
     3  schedule agreed upon by the affected agency commissioner. Transfers from
     4  funds  that would result in the loss of eligibility for federal benefits
     5  or federal funds pursuant to federal law, rule, or regulation as assent-
     6  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
     7  1951 are not permitted pursuant to this authorization.
     8    §  16. Notwithstanding any law to the contrary, and in accordance with
     9  section 4 of the state finance law, the comptroller is hereby authorized
    10  and directed to transfer, at the request of the director of the  budget,
    11  up  to $400 million from any non-general fund or account, or combination
    12  of funds and accounts, to the general fund for the  purpose  of  consol-
    13  idating  technology  procurement  and  services. The amounts transferred
    14  pursuant to this authorization shall be equal to or less than the amount
    15  of such monies intended to support information  technology  costs  which
    16  are attributable, according to a plan, to such account made in pursuance
    17  to  an  appropriation  by  law.  Transfers  to the general fund shall be
    18  completed from amounts collected by non-general funds or accounts pursu-
    19  ant to a fund deposit schedule.  Transfers from funds that would  result
    20  in  the loss of eligibility for federal benefits or federal funds pursu-
    21  ant to federal law, rule, or regulation as assented to in chapter 683 of
    22  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
    23  pursuant to this authorization.
    24    §  17. Notwithstanding any provision of law to the contrary, as deemed
    25  feasible and advisable by its trustees, the power authority of the state
    26  of New York is authorized and directed to transfer to the state treasury
    27  to the credit of the general fund $20,000,000 for the state fiscal  year
    28  commencing  April  1,  2020,  the  proceeds of which will be utilized to
    29  support energy-related state activities.
    30    § 18. Notwithstanding any provision of law, rule or regulation to  the
    31  contrary,  the  New York state energy research and development authority
    32  is authorized and directed to make the following  contributions  to  the
    33  state  treasury to the credit of the general fund on or before March 31,
    34  2021: (a) $913,000; and (b) $23,000,000 from proceeds collected  by  the
    35  authority from the auction or sale of carbon dioxide emission allowances
    36  allocated by the department of environmental conservation.
    37    §  19. Notwithstanding any provision of law, rule or regulation to the
    38  contrary, the New York state energy research and  development  authority
    39  is authorized and directed to transfer five million dollars to the cred-
    40  it of the Environmental Protection Fund on or before March 31, 2021 from
    41  proceeds  collected  by the authority from the auction or sale of carbon
    42  dioxide emission allowances allocated by the department of environmental
    43  conservation.
    44    § 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
    45  amended  by section 21 of part TTT of chapter 59 of the laws of 2019, is
    46  amended to read as follows:
    47    5. Notwithstanding the provisions of section one hundred seventy-one-a
    48  of the tax law, as separately amended by chapters four  hundred  eighty-
    49  one  and four hundred eighty-four of the laws of nineteen hundred eight-
    50  y-one, and notwithstanding the provisions of chapter ninety-four of  the
    51  laws  of  two  thousand  eleven,  or  any other provisions of law to the
    52  contrary, during the fiscal year beginning  April  first,  two  thousand
    53  [nineteen]  twenty,  the  state  comptroller  is  hereby  authorized and
    54  directed to deposit to the fund created pursuant to  this  section  from
    55  amounts  collected  pursuant  to  article  twenty-two of the tax law and
    56  pursuant to a schedule submitted by the director of the  budget,  up  to

        S. 7505--A                         91                         A. 9505--A

     1  [$2,185,995,000] $1,999,516,000, as may be certified in such schedule as
     2  necessary  to  meet the purposes of such fund for the fiscal year begin-
     3  ning April first, two thousand [nineteen] twenty.
     4    §  21.  Notwithstanding  any  law  to the contrary, the comptroller is
     5  hereby authorized and directed to transfer, upon request of the director
     6  of the budget, on or before March 31, 2021, the following  amounts  from
     7  the  following  special  revenue  accounts  to the capital projects fund
     8  (30000), for the purposes of reimbursement to  such  fund  for  expenses
     9  related to the maintenance and preservation of state assets:
    10    1. $43,000 from the miscellaneous special revenue fund, administrative
    11  program account (21982).
    12    2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
    13  hospital account (22140).
    14    3. $366,000 from the miscellaneous special revenue fund, New York city
    15  veterans' home account (22141).
    16    4.  $513,000  from  the  miscellaneous  special revenue fund, New York
    17  state home for veterans' and their dependents at oxford account (22142).
    18    5. $159,000 from the miscellaneous special revenue fund,  western  New
    19  York veterans' home account (22143).
    20    6.  $323,000  from  the  miscellaneous  special revenue fund, New York
    21  state for veterans in the lower-hudson valley account (22144).
    22    7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
    23  services account (22163).
    24    8.  $7,300,000  from  the  miscellaneous  special  revenue fund, state
    25  university general income reimbursable account (22653).
    26    9. $132,000,000 from the miscellaneous  special  revenue  fund,  state
    27  university revenue offset account (22655).
    28    10. $48,000,000 from the state university dormitory income fund, state
    29  university dormitory income fund (40350).
    30    11. $1,000,000 from the miscellaneous special revenue fund, litigation
    31  settlement and civil recovery account (22117).
    32    §  22.  Notwithstanding  any  provision of law to the contrary, in the
    33  event that federal  legislation,  federal  regulatory  actions,  federal
    34  executive  actions  or  federal  judicial actions in federal fiscal year
    35  2021 reduce federal financial participation in Medicaid funding  to  New
    36  York  state  or its subdivisions by $850 million or more in state fiscal
    37  years 2020-21 or 2021-22, the director of the  division  of  the  budget
    38  shall  notify  the  temporary president of the senate and the speaker of
    39  the assembly in writing that the federal actions  will  reduce  expected
    40  funding  to  New  York state. The director of the division of the budget
    41  shall prepare a plan that shall be submitted to the  legislature,  which
    42  shall (a) specify the total amount of the reduction in federal financial
    43  participation  in Medicaid, (b) itemize the specific programs and activ-
    44  ities that will be  affected  by  the  reduction  in  federal  financial
    45  participation  in  Medicaid, and (c) identify the general fund and state
    46  special revenue fund appropriations and related disbursements that shall
    47  be reduced, and in what program  areas,  provided,  however,  that  such
    48  reductions  to appropriations and disbursements shall be applied equally
    49  and proportionally to the programs affected by the reduction in  federal
    50  financial  participation in Medicaid. Upon such submission, the legisla-
    51  ture shall have 90 days after such submission to either prepare its  own
    52  plan, which may be adopted by concurrent resolution passed by both hous-
    53  es,  or  if after 90 days the legislature fails to adopt their own plan,
    54  the reductions to the general fund and state special revenue fund appro-
    55  priations and related disbursements identified in the  division  of  the
    56  budget plan will go into effect automatically.

        S. 7505--A                         92                         A. 9505--A

     1    §  23.  Notwithstanding  any  provision of law to the contrary, in the
     2  event that federal  legislation,  federal  regulatory  actions,  federal
     3  executive  actions  or  federal  judicial actions in federal fiscal year
     4  2021 reduce federal financial participation  or  other  federal  aid  in
     5  funding  to New York state that affects the state operating funds finan-
     6  cial plan by $850 million or more  in  state  fiscal  years  2020-21  or
     7  2021-22, exclusive of any cuts to Medicaid, the director of the division
     8  of the budget shall notify the temporary president of the senate and the
     9  speaker  of the assembly in writing that the federal actions will reduce
    10  expected funding to New York state. The director of the division of  the
    11  budget  shall prepare a plan that shall be submitted to the legislature,
    12  which shall (a) specify the total amount of  the  reduction  in  federal
    13  aid,  (b)  itemize  the  specific  programs  and activities that will be
    14  affected by the federal reductions, exclusive of Medicaid, and (c) iden-
    15  tify the general fund and state special revenue fund appropriations  and
    16  related  disbursements that shall be reduced, and in what program areas,
    17  provided, however, that such reductions to appropriations and  disburse-
    18  ments shall be applied equally and proportionally. Upon such submission,
    19  the  legislature  shall  have  90  days  after such submission to either
    20  prepare its own plan, which may  be  adopted  by  concurrent  resolution
    21  passed  by  both  houses,  or  if after 90 days the legislature fails to
    22  adopt their own plan, the reductions  to  the  general  fund  and  state
    23  special revenue fund appropriations and related disbursements identified
    24  in the division of the budget plan will go into effect automatically.
    25    §  24.  Notwithstanding  any  provision of law to the contrary, if the
    26  financial plan required under sections  twenty-two  or  twenty-three  of
    27  this  article  estimates that the General Fund is reasonably anticipated
    28  to end the fiscal year with an imbalance of $500 million  or  more,  the
    29  director  of  the division of the budget shall prepare a plan that shall
    30  be submitted to the legislature, which shall identify the  general  fund
    31  and  state  special  revenue  fund  aid to localities appropriations and
    32  related disbursements that may be reduced  to  eliminate  the  imbalance
    33  identified  in  the  General  Fund,  provided,  however,  that the total
    34  reduction in disbursements identified in such plan shall not  exceed  an
    35  amount  equal to 1.0 percent of estimated disbursements in state operat-
    36  ing funds for fiscal year 2020-2021. The legislature shall have 30  days
    37  after  such  submission  to  either  prepare  its own plan, which may be
    38  adopted by concurrent resolution passed by both houses  and  implemented
    39  by the division of the budget, of if after 30 days the legislature fails
    40  to  adopt  its  own  plan,  the reductions to the general fund and state
    41  special revenue  fund  aid  to  localities  appropriations  and  related
    42  disbursements identified in the division of the budget plan will go into
    43  effect  automatically.  To  the  extent  the  State is obligated to make
    44  payment to any individual or entity pursuant  to  any  appropriation  to
    45  which  an  adjustment  or  reduction  is applied in accordance with this
    46  section, such obligation shall be reduced commensurate with any  adjust-
    47  ments  or  reductions  made  by the director of the budget and/or by the
    48  legislature. The following types of appropriations shall be exempt  from
    49  reduction  in  any  plan prepared by the budget director and/or any plan
    50  adopted by the legislature: (a) public assistance payments for  families
    51  and  individuals  and  payments  for  eligible  aged, blind and disabled
    52  persons related to supplemental social security; (b) any reductions that
    53  would violate federal law; (c) payments  of  debt  service  and  related
    54  expenses  for  which the state is constitutionally obligated to pay debt
    55  service or is contractually obligated to pay debt service, subject to an
    56  appropriation, including where the state has  a  contingent  contractual

        S. 7505--A                         93                         A. 9505--A

     1  obligation;  and (d) payments the state is obligated to make pursuant to
     2  court orders or judgments.
     3    §  25. Subdivision 6 of section 4 of the state finance law, as amended
     4  by section 25 of part BBB of chapter 59 of the laws of 2018, is  amended
     5  to read as follows:
     6    6.  Notwithstanding  any  law to the contrary, at the beginning of the
     7  state fiscal year,  the  state  comptroller  is  hereby  authorized  and
     8  directed  to  receive  for  deposit  to  the  credit of a fund and/or an
     9  account such monies as are identified by the director of the  budget  as
    10  having been intended for such deposit to support disbursements from such
    11  fund  and/or  account  made  in pursuance of an appropriation by law. As
    12  soon as practicable upon enactment of the budget, the  director  of  the
    13  budget  shall,  but  not  less  than  three  days  following preliminary
    14  submission to the chairs of the senate finance committee and the  assem-
    15  bly  ways  and means committee, file with the state comptroller an iden-
    16  tification of specific monies to be so deposited. Any subsequent  change
    17  regarding  the  monies to be so deposited shall be filed by the director
    18  of the budget, as soon as practicable, but  not  less  than  three  days
    19  following  preliminary  submission  to  the chairs of the senate finance
    20  committee and the assembly ways and means committee.
    21    All monies identified by the director of the budget to be deposited to
    22  the credit of a fund and/or account shall be consistent with the  intent
    23  of  the  budget for the then current state fiscal year as enacted by the
    24  legislature.
    25    [The provisions of this subdivision  shall  expire  on  March  thirty-
    26  first, two thousand twenty.]
    27    § 26. Subdivision 4 of section 40 of the state finance law, as amended
    28  by  section 26 of part BBB of chapter 59 of the laws of 2018, is amended
    29  to read as follows:
    30    4. Every appropriation made from a fund or account to a department  or
    31  agency shall be available for the payment of prior years' liabilities in
    32  such fund or account for fringe benefits, indirect costs, and telecommu-
    33  nications  expenses  and  expenses  for  other centralized services fund
    34  programs without limit. Every appropriation shall also be available  for
    35  the  payment  of  prior  years'  liabilities  other than those indicated
    36  above, but only to the extent of one-half of one percent  of  the  total
    37  amount appropriated to a department or agency in such fund or account.
    38    [The  provisions  of this subdivision shall expire March thirty-first,
    39  two thousand twenty.]
    40    § 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    41  contrary, the state comptroller is hereby authorized and directed to use
    42  any  balance  remaining  in the mental health services fund debt service
    43  appropriation, after payment by the state comptroller of all obligations
    44  required pursuant to any lease, sublease, or other financing arrangement
    45  between the dormitory authority of the state of New York as successor to
    46  the New York state medical  care  facilities  finance  agency,  and  the
    47  facilities development corporation pursuant to chapter 83 of the laws of
    48  1995  and  the  department  of  mental hygiene for the purpose of making
    49  payments to the dormitory authority of the state of  New  York  for  the
    50  amount  of  the  earnings  for the investment of monies deposited in the
    51  mental health services fund that such agency determines will or may have
    52  to be rebated to the federal government pursuant to  the  provisions  of
    53  the  internal  revenue code of 1986, as amended, in order to enable such
    54  agency to maintain the exemption from federal  income  taxation  on  the
    55  interest paid to the holders of such agency's mental services facilities
    56  improvement  revenue  bonds.  Annually on or before each June 30th, such

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     1  agency shall certify to the state comptroller its determination  of  the
     2  amounts  received  in the mental health services fund as a result of the
     3  investment of monies deposited therein that  will  or  may  have  to  be
     4  rebated  to  the  federal  government  pursuant to the provisions of the
     5  internal revenue code of 1986, as amended.
     6    § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
     7  of 1997, relating  to  the  financing  of  the  correctional  facilities
     8  improvement  fund and the youth facility improvement fund, as amended by
     9  section 28 of part TTT of chapter 59 of the laws of 2019, is amended  to
    10  read as follows:
    11    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    12  notwithstanding the provisions of section 18 of section 1 of chapter 174
    13  of the laws of 1968, the New York state urban development corporation is
    14  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    15  aggregate  principal  amount  not  to exceed [eight billion four hundred
    16  ninety-four million nine hundred seventy-nine  thousand]  eight  billion
    17  eight hundred seventeen million two hundred ninety-nine thousand dollars
    18  [$8,494,979,000]  $8,817,299,000, and shall include all bonds, notes and
    19  other obligations issued pursuant to chapter 56 of the laws of 1983,  as
    20  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    21  obligations shall be paid to the state, for deposit in the  correctional
    22  facilities capital improvement fund to pay for all or any portion of the
    23  amount  or  amounts paid by the state from appropriations or reappropri-
    24  ations made to the department of corrections and  community  supervision
    25  from  the  correctional  facilities capital improvement fund for capital
    26  projects. The aggregate amount of  bonds,  notes  or  other  obligations
    27  authorized  to  be  issued pursuant to this section shall exclude bonds,
    28  notes or other obligations issued to refund or  otherwise  repay  bonds,
    29  notes  or  other  obligations  theretofore issued, the proceeds of which
    30  were paid to the state for all or a portion of the amounts  expended  by
    31  the state from appropriations or reappropriations made to the department
    32  of  corrections  and community supervision; provided, however, that upon
    33  any such refunding or repayment the total aggregate principal amount  of
    34  outstanding bonds, notes or other obligations may be greater than [eight
    35  billion four hundred ninety-four million nine hundred seventy-nine thou-
    36  sand]  eight billion eight hundred seventeen million two hundred ninety-
    37  nine thousand dollars [$8,494,979,000] $8,817,299,000, only if the pres-
    38  ent value of the aggregate debt service of the  refunding  or  repayment
    39  bonds,  notes  or  other  obligations  to be issued shall not exceed the
    40  present value of the aggregate debt service of the bonds, notes or other
    41  obligations so to be refunded or repaid. For the  purposes  hereof,  the
    42  present  value  of the aggregate debt service of the refunding or repay-
    43  ment bonds, notes or other obligations and of the aggregate debt service
    44  of the bonds, notes or other obligations so refunded or repaid, shall be
    45  calculated by utilizing the effective interest rate of the refunding  or
    46  repayment  bonds,  notes  or other obligations, which shall be that rate
    47  arrived at by doubling the semi-annual interest rate  (compounded  semi-
    48  annually) necessary to discount the debt service payments on the refund-
    49  ing  or  repayment  bonds,  notes  or other obligations from the payment
    50  dates thereof to the date of issue of the refunding or repayment  bonds,
    51  notes  or  other  obligations  and  to the price bid including estimated
    52  accrued interest or proceeds received by the corporation including esti-
    53  mated accrued interest from the sale thereof.
    54    § 29. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
    55  laws  of  2005,  relating to providing for the administration of certain
    56  funds and accounts related  to  the  2005-2006  budget,  as  amended  by

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     1  section  32 of part TTT of chapter 59 of the laws of 2019, is amended to
     2  read as follows:
     3    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
     4  notwithstanding any provisions of law to the contrary, the urban  devel-
     5  opment  corporation  is hereby authorized to issue bonds or notes in one
     6  or more series in an aggregate  principal  amount  not  to  exceed  [two
     7  hundred  seventy-one million six hundred thousand] three hundred twenty-
     8  three million one hundred thousand dollars [$271,600,000]  $323,100,000,
     9  excluding  bonds  issued  to  finance  one  or more debt service reserve
    10  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    11  to refund or otherwise repay such bonds or notes previously issued,  for
    12  the  purpose  of financing capital projects including IT initiatives for
    13  the division of state police, debt service and leases; and to  reimburse
    14  the  state  general fund for disbursements made therefor. Such bonds and
    15  notes of such authorized issuer shall not be a debt of  the  state,  and
    16  the  state shall not be liable thereon, nor shall they be payable out of
    17  any funds other than those appropriated by the state to such  authorized
    18  issuer  for  debt  service  and related expenses pursuant to any service
    19  contract executed pursuant to subdivision (b) of this section  and  such
    20  bonds  and  notes  shall contain on the face thereof a statement to such
    21  effect. Except for purposes of complying with the internal revenue code,
    22  any interest income earned on bond proceeds shall only be  used  to  pay
    23  debt service on such bonds.
    24    §  30.  Subdivision 3 of section 1285-p of the public authorities law,
    25  as amended by section 35 of part TTT of chapter 59 of the laws of  2019,
    26  is amended to read as follows:
    27    3.  The  maximum amount of bonds that may be issued for the purpose of
    28  financing  environmental  infrastructure  projects  authorized  by  this
    29  section  shall  be  [five  billion  six hundred thirty-eight million ten
    30  thousand] six billion three hundred seventy-four  million  ten  thousand
    31  dollars  [$5,638,010,000]  $6,374,010,000,  exclusive of bonds issued to
    32  fund any debt service reserve funds,  pay  costs  of  issuance  of  such
    33  bonds,  and  bonds or notes issued to refund or otherwise repay bonds or
    34  notes previously issued. Such bonds and notes of the  corporation  shall
    35  not  be  a debt of the state, and the state shall not be liable thereon,
    36  nor shall they be payable out of any funds other than those appropriated
    37  by the state to the corporation for debt service  and  related  expenses
    38  pursuant  to  any service contracts executed pursuant to subdivision one
    39  of this section, and such bonds and notes  shall  contain  on  the  face
    40  thereof a statement to such effect.
    41    §  31.    Subdivision (a) of section 48 of part K of chapter 81 of the
    42  laws of 2002, relating to providing for the  administration  of  certain
    43  funds  and  accounts  related  to  the  2002-2003  budget, as amended by
    44  section 36 of part TTT of chapter 59 of the laws of 2019, is amended  to
    45  read as follows:
    46    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
    47  notwithstanding the provisions of section 18 of  the  urban  development
    48  corporation  act, the corporation is hereby authorized to issue bonds or
    49  notes in one or more series in an  aggregate  principal  amount  not  to
    50  exceed  [two  hundred eighty-six million] three hundred fourteen million
    51  dollars [$286,000,000] $314,000,000, excluding bonds issued to fund  one
    52  or  more  debt  service  reserve funds, to pay costs of issuance of such
    53  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    54  or notes previously issued, for the purpose of financing  capital  costs
    55  related to homeland security and training facilities for the division of
    56  state  police, the division of military and naval affairs, and any other

        S. 7505--A                         96                         A. 9505--A

     1  state agency, including the reimbursement of any disbursements made from
     2  the state capital projects fund, and is hereby authorized to issue bonds
     3  or notes in one or more series in an aggregate principal amount  not  to
     4  exceed  [$952,800,000 nine hundred fifty-two million eight hundred thou-
     5  sand] $1,115,800,000 one  billion  one  hundred  fifteen  million  eight
     6  hundred  thousand  dollars,  excluding  bonds issued to fund one or more
     7  debt service reserve funds, to pay costs of issuance of such bonds,  and
     8  bonds  or  notes issued to refund or otherwise repay such bonds or notes
     9  previously issued, for the purpose of financing  improvements  to  State
    10  office  buildings  and other facilities located statewide, including the
    11  reimbursement of any disbursements made from the state capital  projects
    12  fund. Such bonds and notes of the corporation shall not be a debt of the
    13  state,  and  the  state  shall  not be liable thereon, nor shall they be
    14  payable out of any funds other than those appropriated by the  state  to
    15  the  corporation  for  debt service and related expenses pursuant to any
    16  service contracts executed pursuant to subdivision (b) of this  section,
    17  and  such  bonds and notes shall contain on the face thereof a statement
    18  to such effect.
    19    § 32. Paragraph (c) of subdivision 19 of section 1680  of  the  public
    20  authorities  law,  as amended by section 38 of part TTT of chapter 59 of
    21  the laws of 2019, is amended to read as follows:
    22    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    23  thousand, the dormitory authority shall not issue any  bonds  for  state
    24  university  educational  facilities  purposes if the principal amount of
    25  bonds to be issued when added to the aggregate principal amount of bonds
    26  issued by the dormitory authority on  and  after  July  first,  nineteen
    27  hundred  eighty-eight  for  state university educational facilities will
    28  exceed [thirteen billion eight hundred forty-one million  eight  hundred
    29  sixty-four  thousand]  fourteen  billion seven hundred forty-one million
    30  eight   hundred   sixty-four    thousand    dollars    [$13,841,864,000]
    31  $14,741,864,000;  provided,  however,  that bonds issued or to be issued
    32  shall be excluded from such limitation if: (1) such bonds are issued  to
    33  refund   state   university  construction  bonds  and  state  university
    34  construction notes previously issued by the housing finance  agency;  or
    35  (2)  such  bonds  are  issued  to refund bonds of the authority or other
    36  obligations issued for state university educational facilities  purposes
    37  and  the  present  value  of the aggregate debt service on the refunding
    38  bonds does not exceed the present value of the aggregate debt service on
    39  the bonds refunded thereby; provided, further that upon certification by
    40  the director of the budget that the issuance of refunding bonds or other
    41  obligations issued between April first, nineteen hundred ninety-two  and
    42  March  thirty-first,  nineteen  hundred  ninety-three will generate long
    43  term economic benefits to the state, as  assessed  on  a  present  value
    44  basis,  such  issuance will be deemed to have met the present value test
    45  noted above. For purposes of this subdivision, the present value of  the
    46  aggregate  debt  service  of  the refunding bonds and the aggregate debt
    47  service of the bonds refunded, shall be calculated by utilizing the true
    48  interest cost of the refunding bonds, which shall be that  rate  arrived
    49  at  by doubling the semi-annual interest rate (compounded semi-annually)
    50  necessary to discount the debt service payments on the  refunding  bonds
    51  from  the  payment  dates  thereof to the date of issue of the refunding
    52  bonds to the purchase price of the refunding bonds,  including  interest
    53  accrued  thereon  prior  to  the  issuance thereof. The maturity of such
    54  bonds, other than bonds issued to refund outstanding  bonds,  shall  not
    55  exceed  the  weighted  average  economic life, as certified by the state
    56  university construction fund, of the facilities in connection with which

        S. 7505--A                         97                         A. 9505--A

     1  the bonds are issued, and in any case not  later  than  the  earlier  of
     2  thirty  years  or  the  expiration of the term of any lease, sublease or
     3  other agreement relating  thereto;  provided  that  no  note,  including
     4  renewals  thereof,  shall mature later than five years after the date of
     5  issuance of such note. The legislature reserves the right  to  amend  or
     6  repeal  such  limit, and the state of New York, the dormitory authority,
     7  the state university of New York, and the state university  construction
     8  fund are prohibited from covenanting or making any other agreements with
     9  or  for  the  benefit  of bondholders which might in any way affect such
    10  right.
    11    § 33. Paragraph (c) of subdivision 14 of section 1680  of  the  public
    12  authorities  law,  as amended by section 39 of part TTT of chapter 59 of
    13  the laws of 2019, is amended to read as follows:
    14    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    15  thousand, (i) the dormitory authority shall  not  deliver  a  series  of
    16  bonds for city university community college facilities, except to refund
    17  or  to  be substituted for or in lieu of other bonds in relation to city
    18  university community college facilities pursuant to a resolution of  the
    19  dormitory  authority adopted before July first, nineteen hundred eighty-
    20  five or any resolution supplemental thereto, if the principal amount  of
    21  bonds  so  to  be  issued  when  added to all principal amounts of bonds
    22  previously issued by the dormitory authority for city university  commu-
    23  nity  college  facilities, except to refund or to be substituted in lieu
    24  of other bonds in relation to city university community college  facili-
    25  ties will exceed the sum of four hundred twenty-five million dollars and
    26  (ii)  the dormitory authority shall not deliver a series of bonds issued
    27  for city university facilities, including community college  facilities,
    28  pursuant  to a resolution of the dormitory authority adopted on or after
    29  July first, nineteen hundred eighty-five, except  to  refund  or  to  be
    30  substituted for or in lieu of other bonds in relation to city university
    31  facilities  and except for bonds issued pursuant to a resolution supple-
    32  mental to a resolution of the dormitory authority adopted prior to  July
    33  first, nineteen hundred eighty-five, if the principal amount of bonds so
    34  to  be  issued  when  added  to the principal amount of bonds previously
    35  issued pursuant to any such resolution, except bonds issued to refund or
    36  to be substituted for or in lieu of other  bonds  in  relation  to  city
    37  university  facilities,  will exceed [eight billion six hundred seventy-
    38  four million two hundred fifty-six thousand] nine  billion  two  hundred
    39  twenty-two   million   seven   hundred   thirty-two   thousand   dollars
    40  [$8,674,256,000 ] $9,222,732,000. The legislature reserves the right  to
    41  amend  or  repeal  such  limit, and the state of New York, the dormitory
    42  authority, the city university, and the fund are prohibited from  coven-
    43  anting  or  making any other agreements with or for the benefit of bond-
    44  holders which might in any way affect such right.
    45    § 34. Subdivision 10-a of section 1680 of the public authorities  law,
    46  as  amended by section 40 of part TTT of chapter 59 of the laws of 2019,
    47  is amended to read as follows:
    48    10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
    49  two  thousand, but notwithstanding any other provision of the law to the
    50  contrary, the maximum amount of bonds and notes to be issued after March
    51  thirty-first, two thousand two, on behalf of the state, in  relation  to
    52  any  locally  sponsored  community  college,  shall be [one billion five
    53  million six hundred two thousand]  one  billion  fifty-one  million  six
    54  hundred  forty  thousand  dollars  [$1,005,602,000] $1,051,640,000. Such
    55  amount shall be exclusive of bonds and notes issued to fund any  reserve
    56  fund or funds, costs of issuance and to refund any outstanding bonds and

        S. 7505--A                         98                         A. 9505--A

     1  notes,  issued  on  behalf of the state, relating to a locally sponsored
     2  community college.
     3    § 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws
     4  of  1997,  relating  to  the  financing  of  the correctional facilities
     5  improvement fund and the youth facility improvement fund, as amended  by
     6  section  41 of part TTT of chapter 59 of the laws of 2019, is amended to
     7  read as follows:
     8    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
     9  notwithstanding the provisions of section 18 of section 1 of chapter 174
    10  of the laws of 1968, the New York state urban development corporation is
    11  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    12  aggregate principal amount not to  exceed  eight  hundred  [four]  forty
    13  million  [six]  three  hundred  fifteen  thousand dollars [$804,615,000]
    14  $840,315,000, which  authorization  increases  the  aggregate  principal
    15  amount of bonds, notes and other obligations authorized by section 40 of
    16  chapter  309 of the laws of 1996, and shall include all bonds, notes and
    17  other obligations issued pursuant to chapter 211 of the laws of 1990, as
    18  amended or supplemented. The proceeds of  such  bonds,  notes  or  other
    19  obligations shall be paid to the state, for deposit in the youth facili-
    20  ties  improvement  fund,  to pay for all or any portion of the amount or
    21  amounts paid by the state from appropriations or  reappropriations  made
    22  to  the office of children and family services from the youth facilities
    23  improvement fund for capital projects. The aggregate  amount  of  bonds,
    24  notes  and  other  obligations  authorized to be issued pursuant to this
    25  section shall exclude bonds, notes or other obligations issued to refund
    26  or otherwise repay bonds, notes or other obligations theretofore issued,
    27  the proceeds of which were paid to the state for all or a portion of the
    28  amounts expended by the state from  appropriations  or  reappropriations
    29  made  to  the office of children and family services; provided, however,
    30  that upon any such refunding or repayment the total aggregate  principal
    31  amount  of  outstanding bonds, notes or other obligations may be greater
    32  than eight hundred [four] forty  million  [six]  three  hundred  fifteen
    33  thousand  dollars [$804,615,000] $840,315,000, only if the present value
    34  of the aggregate debt service of the refunding or repayment bonds, notes
    35  or other obligations to be issued shall not exceed the present value  of
    36  the  aggregate  debt service of the bonds, notes or other obligations so
    37  to be refunded or repaid. For the purposes hereof, the present value  of
    38  the aggregate debt service of the refunding or repayment bonds, notes or
    39  other  obligations and of the aggregate debt service of the bonds, notes
    40  or other obligations so refunded  or  repaid,  shall  be  calculated  by
    41  utilizing  the  effective  interest  rate  of the refunding or repayment
    42  bonds, notes or other obligations, which shall be that rate  arrived  at
    43  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
    44  necessary to discount the debt service  payments  on  the  refunding  or
    45  repayment bonds, notes or other obligations from the payment dates ther-
    46  eof  to  the date of issue of the refunding or repayment bonds, notes or
    47  other obligations and to  the  price  bid  including  estimated  accrued
    48  interest  or  proceeds  received  by the corporation including estimated
    49  accrued interest from the sale thereof.
    50    § 36. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    51  chapter 392 of the laws of 1973, constituting the New York state medical
    52  care facilities finance agency act, as amended by section 42 of part TTT
    53  of chapter 59 of the laws of 2019, is amended to read as follows:
    54    b.  The  agency shall have power and is hereby authorized from time to
    55  time to issue negotiable bonds and notes in conformity  with  applicable
    56  provisions  of  the uniform commercial code in such principal amount as,

        S. 7505--A                         99                         A. 9505--A

     1  in the opinion of the agency, shall  be  necessary,  after  taking  into
     2  account  other moneys which may be available for the purpose, to provide
     3  sufficient funds to  the  facilities  development  corporation,  or  any
     4  successor agency, for the financing or refinancing of or for the design,
     5  construction, acquisition, reconstruction, rehabilitation or improvement
     6  of  mental  health  services  facilities pursuant to paragraph a of this
     7  subdivision, the payment of interest on mental health services  improve-
     8  ment  bonds and mental health services improvement notes issued for such
     9  purposes, the establishment of reserves to secure such bonds and  notes,
    10  the  cost  or  premium  of  bond insurance or the costs of any financial
    11  mechanisms which may be used to reduce the debt service  that  would  be
    12  payable  by the agency on its mental health services facilities improve-
    13  ment bonds and notes and all other expenditures of the  agency  incident
    14  to  and  necessary or convenient to providing the facilities development
    15  corporation, or any successor agency, with funds for  the  financing  or
    16  refinancing of or for any such design, construction, acquisition, recon-
    17  struction, rehabilitation or improvement and for the refunding of mental
    18  hygiene improvement bonds issued pursuant to section 47-b of the private
    19  housing  finance law; provided, however, that the agency shall not issue
    20  mental health services facilities improvement bonds  and  mental  health
    21  services  facilities  improvement notes in an aggregate principal amount
    22  exceeding [nine billion three hundred thirty-three million three hundred
    23  eight thousand] nine  billion  nine  hundred  twenty-seven  million  two
    24  hundred  seventy-six  thousand  dollars [$9,333,308,000] $9,927,276,000,
    25  excluding mental health services facilities improvement bonds and mental
    26  health services facilities improvement notes issued to refund  outstand-
    27  ing  mental  health  services  facilities  improvement  bonds and mental
    28  health services facilities improvement notes;  provided,  however,  that
    29  upon  any  such refunding or repayment of mental health services facili-
    30  ties improvement bonds and/or mental health services facilities improve-
    31  ment notes the total aggregate principal amount  of  outstanding  mental
    32  health  services  facilities improvement bonds and mental health facili-
    33  ties improvement notes may be greater than [nine billion  three  hundred
    34  thirty-three  million  three  hundred  eight thousand] nine billion nine
    35  hundred twenty-seven million two hundred  seventy-six  thousand  dollars
    36  [$9,333,308,000] $9,927,276,000, only if, except as hereinafter provided
    37  with  respect  to  mental  health  services  facilities bonds and mental
    38  health  services  facilities  notes  issued  to  refund  mental  hygiene
    39  improvement  bonds authorized to be issued pursuant to the provisions of
    40  section 47-b of the private housing finance law, the  present  value  of
    41  the  aggregate  debt  service  of the refunding or repayment bonds to be
    42  issued shall not exceed the present value of the aggregate debt  service
    43  of  the bonds to be refunded or repaid. For purposes hereof, the present
    44  values of the aggregate debt  service  of  the  refunding  or  repayment
    45  bonds,  notes  or other obligations and of the aggregate debt service of
    46  the bonds, notes or other obligations so refunded or  repaid,  shall  be
    47  calculated  by utilizing the effective interest rate of the refunding or
    48  repayment bonds, notes or other obligations, which shall  be  that  rate
    49  arrived  at  by doubling the semi-annual interest rate (compounded semi-
    50  annually) necessary to discount the debt service payments on the refund-
    51  ing or repayment bonds, notes or  other  obligations  from  the  payment
    52  dates  thereof to the date of issue of the refunding or repayment bonds,
    53  notes or other obligations and to  the  price  bid  including  estimated
    54  accrued  interest  or proceeds received by the authority including esti-
    55  mated accrued interest from the sale thereof.  Such  bonds,  other  than
    56  bonds  issued  to refund outstanding bonds, shall be scheduled to mature

        S. 7505--A                         100                        A. 9505--A

     1  over a term not to exceed the average useful life, as certified  by  the
     2  facilities  development corporation, of the projects for which the bonds
     3  are issued, and in any case shall not exceed thirty years and the  maxi-
     4  mum  maturity  of  notes  or  any renewals thereof shall not exceed five
     5  years from the date of the original issue of such notes. Notwithstanding
     6  the provisions of this section, the agency shall have the power  and  is
     7  hereby authorized to issue mental health services facilities improvement
     8  bonds  and/or  mental  health  services  facilities improvement notes to
     9  refund outstanding mental hygiene improvement  bonds  authorized  to  be
    10  issued pursuant to the provisions of section 47-b of the private housing
    11  finance  law  and  the  amount  of  bonds issued or outstanding for such
    12  purposes shall not be included for purposes of determining the amount of
    13  bonds issued pursuant to this section. The director of the budget  shall
    14  allocate  the  aggregate principal authorized to be issued by the agency
    15  among the office of mental health, office for people with  developmental
    16  disabilities,   and  the  office  of  [alcoholism  and  substance  abuse
    17  services] addiction services and supports, in  consultation  with  their
    18  respective  commissioners  to finance bondable appropriations previously
    19  approved by the legislature.
    20    § 37. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
    21  laws  of  2005,  relating to providing for the administration of certain
    22  funds and accounts related  to  the  2005-2006  budget,  as  amended  by
    23  section  43 of part TTT of chapter 59 of the laws of 2019, is amended to
    24  read as follows:
    25    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
    26  notwithstanding  any  provisions  of  law  to  the contrary, one or more
    27  authorized issuers as defined by section 68-a of the state  finance  law
    28  are  hereby  authorized to issue bonds or notes in one or more series in
    29  an aggregate principal amount not to  exceed  [ninety-two  million]  one
    30  hundred  fifty-seven million dollars [$92,000,000] $157,000,000, exclud-
    31  ing bonds issued to finance one or more debt service reserve  funds,  to
    32  pay costs of issuance of such bonds, and bonds or notes issued to refund
    33  or  otherwise  repay  such  bonds  or  notes  previously issued, for the
    34  purpose of financing capital projects for public  protection  facilities
    35  in  the Division of Military and Naval Affairs, debt service and leases;
    36  and to reimburse the state general fund for disbursements made therefor.
    37  Such bonds and notes of such authorized issuer shall not be  a  debt  of
    38  the  state, and the state shall not be liable thereon, nor shall they be
    39  payable out of any funds other than those appropriated by the  state  to
    40  such authorized issuer for debt service and related expenses pursuant to
    41  any  service  contract  executed  pursuant  to  subdivision  (b) of this
    42  section and such bonds and notes shall contain on  the  face  thereof  a
    43  statement  to  such  effect.  Except  for purposes of complying with the
    44  internal revenue code, any interest income earned on bond proceeds shall
    45  only be used to pay debt service on such bonds.
    46    § 38. Section 53 of section 1 of chapter 174  of  the  laws  of  1968,
    47  constituting  the  New  York state urban development corporation act, as
    48  added by section 46 of part TTT of chapter 59 of the laws  of  2019,  is
    49  amended to read as follows:
    50    §  53.  1.  Notwithstanding  the  provisions  of  any other law to the
    51  contrary, the dormitory authority and the urban development  corporation
    52  are  hereby authorized to issue bonds or notes in one or more series for
    53  the purpose of funding project costs for the acquisition  of  equipment,
    54  including  but  not limited to the creation or modernization of informa-
    55  tion technology systems and related research and development  equipment,
    56  health and safety equipment, heavy equipment and machinery, the creation

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     1  or  improvement  of security systems, and laboratory equipment and other
     2  state costs associated with such capital projects. The aggregate princi-
     3  pal amount of bonds authorized to be issued  pursuant  to  this  section
     4  shall not exceed [ninety-three million] one hundred ninety-three million
     5  dollars  [$93,000,000]  $193,000,000, excluding bonds issued to fund one
     6  or more debt service reserve funds, to pay costs  of  issuance  of  such
     7  bonds, and bonds or notes issued to refund or otherwise repay such bonds
     8  or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
     9  authority and the urban development corporation shall not be a  debt  of
    10  the  state, and the state shall not be liable thereon, nor shall they be
    11  payable out of any funds other than those appropriated by the  state  to
    12  the  dormitory authority and the urban development corporation for prin-
    13  cipal, interest, and related expenses pursuant to a service contract and
    14  such bonds and notes shall contain on the face thereof  a  statement  to
    15  such  effect. Except for purposes of complying with the internal revenue
    16  code, any interest income earned on bond proceeds shall only be used  to
    17  pay debt service on such bonds.
    18    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    19  order to assist the dormitory authority and the urban development corpo-
    20  ration in undertaking the financing for project costs for  the  acquisi-
    21  tion  of equipment, including but not limited to the creation or modern-
    22  ization of information  technology  systems  and  related  research  and
    23  development  equipment, health and safety equipment, heavy equipment and
    24  machinery, the creation or improvement of security systems, and  labora-
    25  tory  equipment  and  other  state  costs  associated  with such capital
    26  projects, the director of the budget is hereby authorized to enter  into
    27  one or more service contracts with the dormitory authority and the urban
    28  development  corporation,  none  of  which  shall exceed thirty years in
    29  duration, upon such terms and conditions as the director of  the  budget
    30  and the dormitory authority and the urban development corporation agree,
    31  so  as  to  annually  provide  to  the dormitory authority and the urban
    32  development corporation, in the aggregate, a sum not to exceed the prin-
    33  cipal, interest, and related expenses required for such bonds and notes.
    34  Any service contract entered into pursuant to this section shall provide
    35  that the obligation of the state to  pay  the  amount  therein  provided
    36  shall  not  constitute  a  debt  of  the state within the meaning of any
    37  constitutional or statutory provision and shall be deemed executory only
    38  to the extent of  monies  available  and  that  no  liability  shall  be
    39  incurred  by  the  state  beyond  the monies available for such purpose,
    40  subject to annual appropriation by the legislature. Any such contract or
    41  any payments made or to be made thereunder may be assigned  and  pledged
    42  by  the  dormitory  authority  and  the urban development corporation as
    43  security for its bonds and notes, as authorized by this section.
    44    § 39. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    45  1991,  amending  the  state  finance  law and other laws relating to the
    46  establishment of the dedicated highway and bridge trust fund, as amended
    47  by section 1 of part K of chapter 39 of the laws of 2019, is amended  to
    48  read as follows:
    49    (b) Any service contract or contracts for projects authorized pursuant
    50  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    51  14-k of the transportation law, and entered into pursuant to subdivision
    52  (a) of this section, shall provide  for  state  commitments  to  provide
    53  annually  to  the  thruway  authority a sum or sums, upon such terms and
    54  conditions as shall be deemed appropriate by the director of the budget,
    55  to fund, or fund the debt service requirements of any bonds or any obli-
    56  gations of the thruway authority issued to  fund  or  to  reimburse  the

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     1  state  for  funding  such  projects  having a cost not in excess of [ten
     2  billion eight hundred five million seven hundred seventy-eight thousand]
     3  eleven billion two hundred eighty-three million  five  hundred  seventy-
     4  five  thousand dollars [$10,805,778,000] $11,283,575,000 cumulatively by
     5  the end of fiscal year [2019-20] 2020-21.
     6    § 40. Subdivision 1 of section 1689-i of the public  authorities  law,
     7  as  amended by section 2 of part K of chapter 39 of the laws of 2019, is
     8  amended to read as follows:
     9    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    10  request  of  the  commissioner of education, to finance eligible library
    11  construction projects pursuant to section two hundred seventy-three-a of
    12  the education law, in amounts certified  by  such  commissioner  not  to
    13  exceed  a  total  principal amount of two hundred [fifty-one] sixty-five
    14  million dollars [$251,000,000] $265,000,000.
    15    § 41. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
    16  constituting  the  New  York state urban development corporation act, as
    17  amended by section 3 of part K of chapter 39 of the  laws  of  2019,  is
    18  amended to read as follows:
    19    §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
    20  provisions of any other law to the contrary, the dormitory authority and
    21  the corporation are hereby authorized to issue bonds or notes in one  or
    22  more  series  for  the purpose of funding project costs for the regional
    23  economic development council  initiative,  the  economic  transformation
    24  program,  state university of New York college for nanoscale and science
    25  engineering, projects within the city of Buffalo  or  surrounding  envi-
    26  rons,  the  New  York  works economic development fund, projects for the
    27  retention of professional football in western New York, the empire state
    28  economic development fund, the  clarkson-trudeau  partnership,  the  New
    29  York  genome  center, the cornell university college of veterinary medi-
    30  cine, the olympic  regional  development  authority,  projects  at  nano
    31  Utica,  onondaga  county  revitalization projects, Binghamton university
    32  school of pharmacy, New York power electronics manufacturing consortium,
    33  regional infrastructure projects,  high  tech  innovation  and  economic
    34  development   infrastructure   program,  high  technology  manufacturing
    35  projects in Chautauqua and Erie county, an industrial scale research and
    36  development facility in Clinton county,  upstate  revitalization  initi-
    37  ative  projects,  downstate  revitalization  initiative, market New York
    38  projects, fairground buildings, equipment or facilities  used  to  house
    39  and  promote  agriculture,  the  state fair, the empire state trail, the
    40  moynihan station development project, the  Kingsbridge  armory  project,
    41  strategic  economic  development projects, the cultural, arts and public
    42  spaces fund, water infrastructure in the city  of  Auburn  and  town  of
    43  Owasco,  a  life  sciences laboratory public health initiative, not-for-
    44  profit pounds, shelters and humane societies, arts and cultural  facili-
    45  ties  improvement  program,  restore  New York's communities initiative,
    46  heavy  equipment,  economic  development  and  infrastructure  projects,
    47  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    48  regional projects, Pennsylvania station and other transit  projects  and
    49  other state costs associated with such projects. The aggregate principal
    50  amount  of  bonds authorized to be issued pursuant to this section shall
    51  not exceed [nine billion eight hundred twenty-one  million  six  hundred
    52  thirty-six thousand] ten billion three hundred thirty-four million eight
    53  hundred  fifty-one  thousand  dollars  [$9,821,636,000] $10,334,851,000,
    54  excluding bonds issued to fund one or more debt service  reserve  funds,
    55  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
    56  refund or otherwise repay such bonds or notes  previously  issued.  Such

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     1  bonds and notes of the dormitory authority and the corporation shall not
     2  be  a  debt of the state, and the state shall not be liable thereon, nor
     3  shall they be payable out of any funds other than those appropriated  by
     4  the  state to the dormitory authority and the corporation for principal,
     5  interest, and related expenses pursuant to a service contract  and  such
     6  bonds  and  notes  shall contain on the face thereof a statement to such
     7  effect. Except for purposes of complying with the internal revenue code,
     8  any interest income earned on bond proceeds shall only be  used  to  pay
     9  debt service on such bonds.
    10    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    11  order to assist the dormitory authority and the corporation in undertak-
    12  ing the financing for project costs for the regional  economic  develop-
    13  ment  council  initiative,  the  economic  transformation program, state
    14  university of New York college for nanoscale  and  science  engineering,
    15  projects  within  the  city  of Buffalo or surrounding environs, the New
    16  York works economic development fund,  projects  for  the  retention  of
    17  professional  football  in  western  New York, the empire state economic
    18  development fund, the clarkson-trudeau partnership, the New York  genome
    19  center, the cornell university college of veterinary medicine, the olym-
    20  pic  regional  development  authority,  projects at nano Utica, onondaga
    21  county revitalization projects, Binghamton university school of  pharma-
    22  cy,  New  York  power  electronics  manufacturing  consortium,  regional
    23  infrastructure projects, New York State Capital Assistance  Program  for
    24  Transportation,  infrastructure,  and  economic  development,  high tech
    25  innovation and economic development infrastructure program,  high  tech-
    26  nology  manufacturing  projects in Chautauqua and Erie county, an indus-
    27  trial scale research and development facility in Clinton county, upstate
    28  revitalization initiative projects, downstate revitalization initiative,
    29  market New York projects, fairground buildings, equipment or  facilities
    30  used  to house and promote agriculture, the state fair, the empire state
    31  trail, the moynihan station development project, the Kingsbridge  armory
    32  project, strategic economic development projects, the cultural, arts and
    33  public  spaces fund, water infrastructure in the city of Auburn and town
    34  of Owasco, a life sciences laboratory public health initiative, not-for-
    35  profit pounds, shelters and humane societies, arts and cultural  facili-
    36  ties  improvement  program,  restore  New York's communities initiative,
    37  heavy  equipment,  economic  development  and  infrastructure  projects,
    38  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    39  regional projects, Pennsylvania station and other transit  projects  and
    40  other  state  costs  associated  with  such projects the director of the
    41  budget is hereby authorized to enter into one or more service  contracts
    42  with  the  dormitory  authority and the corporation, none of which shall
    43  exceed thirty years in duration, upon such terms and conditions  as  the
    44  director  of  the budget and the dormitory authority and the corporation
    45  agree, so as to annually provide to  the  dormitory  authority  and  the
    46  corporation, in the aggregate, a sum not to exceed the principal, inter-
    47  est, and related expenses required for such bonds and notes. Any service
    48  contract  entered  into  pursuant to this section shall provide that the
    49  obligation of the state to pay the amount  therein  provided  shall  not
    50  constitute  a debt of the state within the meaning of any constitutional
    51  or statutory provision and shall be deemed executory only to the  extent
    52  of monies available and that no liability shall be incurred by the state
    53  beyond  the  monies available for such purpose, subject to annual appro-
    54  priation by the legislature. Any such contract or any payments  made  or
    55  to  be  made  thereunder  may  be  assigned and pledged by the dormitory

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     1  authority and the corporation as security for its bonds  and  notes,  as
     2  authorized by this section.
     3    § 42. Subdivision 1 of section 386-b of the public authorities law, as
     4  amended  by  section  4  of part K of chapter 39 of the laws of 2019, is
     5  amended to read as follows:
     6    1. Notwithstanding any other provision of law  to  the  contrary,  the
     7  authority, the dormitory authority and the urban development corporation
     8  are  hereby authorized to issue bonds or notes in one or more series for
     9  the purpose of financing peace bridge  projects  and  capital  costs  of
    10  state and local highways, parkways, bridges, the New York state thruway,
    11  Indian reservation roads, and facilities, and transportation infrastruc-
    12  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    13  projects, and rail service preservation projects, including work  appur-
    14  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    15  authorized to be issued pursuant to this section shall not exceed  [four
    16  billion  six  hundred  forty-eight  million]  six  billion  nine hundred
    17  forty-two   million   four   hundred   sixty-three   thousand    dollars
    18  [$4,648,000,000]  $6,942,463,000,  excluding bonds issued to fund one or
    19  more debt service reserve funds, to pay costs of issuance of such bonds,
    20  and to refund or otherwise repay such bonds or notes previously  issued.
    21  Such  bonds  and notes of the authority, the dormitory authority and the
    22  urban development corporation shall not be a debt of the state, and  the
    23  state  shall not be liable thereon, nor shall they be payable out of any
    24  funds other than those appropriated by the state to the  authority,  the
    25  dormitory authority and the urban development corporation for principal,
    26  interest,  and  related expenses pursuant to a service contract and such
    27  bonds and notes shall contain on the face thereof a  statement  to  such
    28  effect. Except for purposes of complying with the internal revenue code,
    29  any  interest  income  earned on bond proceeds shall only be used to pay
    30  debt service on such bonds.
    31    § 43. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    32  housing  finance law, as amended by section 8 of part K of chapter 39 of
    33  the laws of 2019, is amended to read as follows:
    34    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    35  thousand, in order to enhance and encourage  the  promotion  of  housing
    36  programs  and thereby achieve the stated purposes and objectives of such
    37  housing programs, the agency shall have the power and is hereby  author-
    38  ized  from  time  to  time to issue negotiable housing program bonds and
    39  notes in such principal amount as shall be necessary to  provide  suffi-
    40  cient  funds  for the repayment of amounts disbursed (and not previously
    41  reimbursed) pursuant to law or any prior year making  capital  appropri-
    42  ations  or  reappropriations  for  the  purposes of the housing program;
    43  provided, however, that the agency may issue such bonds and notes in  an
    44  aggregate principal amount not exceeding [six billion two hundred ninety
    45  million  five  hundred  ninety-nine  thousand]  six billion five hundred
    46  thirty-one  million   five   hundred   twenty-three   thousand   dollars
    47  [$6,290,599,000] $6,531,523,000, plus a principal amount of bonds issued
    48  to  fund  the  debt  service  reserve  fund  in accordance with the debt
    49  service reserve fund requirement established by the agency and  to  fund
    50  any  other  reserves  that the agency reasonably deems necessary for the
    51  security or marketability of such bonds and to provide for  the  payment
    52  of   fees  and  other  charges  and  expenses,  including  underwriters'
    53  discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
    54  enhancement  and  liquidity  enhancement related to the issuance of such
    55  bonds and notes. No reserve fund  securing  the  housing  program  bonds
    56  shall  be  entitled  or  eligible  to receive state funds apportioned or

        S. 7505--A                         105                        A. 9505--A

     1  appropriated to maintain or restore such reserve fund at or to a partic-
     2  ular level, except to the extent of any deficiency resulting directly or
     3  indirectly from a failure of the state to appropriate or pay the  agreed
     4  amount  under  any  of the contracts provided for in subdivision four of
     5  this section.
     6    § 44. Subdivision 1 of section 50 of section 1 of chapter 174  of  the
     7  laws  of  1968, constituting the New York state urban development corpo-
     8  ration act, as amended by section 5 of part K of chapter 39 of the  laws
     9  of 2019, is amended to read as follows:
    10    1.  Notwithstanding  the  provisions of any other law to the contrary,
    11  the dormitory authority and the urban development corporation are hereby
    12  authorized to issue bonds or notes in one or more series for the purpose
    13  of funding project costs undertaken by  or  on  behalf  of  special  act
    14  school  districts,  state-supported  schools  for  the  blind  and deaf,
    15  approved private special education schools, non-public schools, communi-
    16  ty centers, day care facilities, residential camps, day camps, and other
    17  state costs associated with such capital projects. The aggregate princi-
    18  pal amount of bonds authorized to be issued  pursuant  to  this  section
    19  shall  not  exceed  one  hundred  [thirty]  fifty-five  million  dollars
    20  [$130,000,000] $155,000,000, excluding bonds issued to fund one or  more
    21  debt  service reserve funds, to pay costs of issuance of such bonds, and
    22  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    23  previously  issued.  Such bonds and notes of the dormitory authority and
    24  the urban development corporation shall not be a debt of the state,  and
    25  the  state shall not be liable thereon, nor shall they be payable out of
    26  any funds other than those appropriated by the state  to  the  dormitory
    27  authority and the urban development corporation for principal, interest,
    28  and  related  expenses pursuant to a service contract and such bonds and
    29  notes shall contain on the face thereof  a  statement  to  such  effect.
    30  Except  for  purposes  of  complying with the internal revenue code, any
    31  interest income earned on bond proceeds shall only be used to  pay  debt
    32  service on such bonds.
    33    §45.  Subdivision  1  of section 47 of section 1 of chapter 174 of the
    34  laws of 1968, constituting the New York state urban  development  corpo-
    35  ration  act,  as  amended by section 27 of part TTT of chapter 59 of the
    36  laws of 2019, is amended to read as follows:
    37    1. Notwithstanding the provisions of any other law  to  the  contrary,
    38  the  dormitory  authority  and  the corporation are hereby authorized to
    39  issue bonds or notes in one or more series for the  purpose  of  funding
    40  project costs for the office of information technology services, depart-
    41  ment  of  law,  and  other  state  costs  associated  with  such capital
    42  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    43  issued  pursuant  to  this  section shall not exceed [six] eight hundred
    44  [seventy-seven]  thirty  million  [three  hundred]  fifty-four  thousand
    45  dollars,  [$677,354,000] $830,054,000 excluding bonds issued to fund one
    46  or more debt service reserve funds, to pay costs  of  issuance  of  such
    47  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    48  or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
    49  authority and the corporation shall not be a debt of the state, and  the
    50  state  shall not be liable thereon, nor shall they be payable out of any
    51  funds other than those  appropriated  by  the  state  to  the  dormitory
    52  authority  and  the  corporation  for  principal,  interest, and related
    53  expenses pursuant to a service contract and such bonds and  notes  shall
    54  contain  on  the  face  thereof  a  statement to such effect. Except for
    55  purposes of complying with  the  internal  revenue  code,  any  interest

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     1  income earned on bond proceeds shall only be used to pay debt service on
     2  such bonds.
     3    §  46.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
     4  finance law, as amended by section 43 of part XXX of chapter 59  of  the
     5  laws of 2017, is amended to read as follows:
     6    (b)  On  or  before the beginning of each quarter, the director of the
     7  budget may certify to the state  comptroller  the  estimated  amount  of
     8  monies  that  shall be reserved in the general debt service fund for the
     9  payment of debt service and related expenses payable by such fund during
    10  each month of the state fiscal year, excluding  payments  due  from  the
    11  revenue  bond tax fund. Such certificate may be periodically updated, as
    12  necessary. Notwithstanding any provision of law  to  the  contrary,  the
    13  state  comptroller  shall  reserve  in the general debt service fund the
    14  amount of monies identified on such certificate  as  necessary  for  the
    15  payment  of debt service and related expenses during the current or next
    16  succeeding quarter of the state fiscal year. Such monies reserved  shall
    17  not  be  available  for  any  other  purpose.  Such certificate shall be
    18  reported to the chairpersons of the Senate  Finance  Committee  and  the
    19  Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
    20  shall expire June thirtieth, two thousand twenty.]
    21    § 47. Section 2 of the state finance law is amended by  adding  a  new
    22  subdivision 1-a to read as follows:
    23    1-a.  "Business  day".  Any  day  of the year which is not a Saturday,
    24  Sunday or legal holiday in the state of New York and not a day on  which
    25  banks are authorized or obligated to be closed in the city of New York.
    26    §  48. Paragraph a of subdivision 4 of section 57 of the state finance
    27  law, as amended by section 39 of part JJ of chapter 56 of  the  laws  of
    28  2010, is amended to read as follows:
    29    a.  Such  bonds  shall  be sold at par, at par plus a premium, or at a
    30  discount to the bidder offering the lowest interest cost to  the  state,
    31  taking  into  consideration  any premium or discount and, in the case of
    32  refunding bonds, the bona fide initial public offering price,  not  less
    33  than  [four  nor more than fifteen days, Sundays excepted,] two business
    34  days after the publication of  a    notice  of  [such]  sale  [has  been
    35  published] at least once in a definitive trade publication of the munic-
    36  ipal  bond  industry  published on each business day in the state of New
    37  York which is generally available in  electronic  or  physical  form  to
    38  participants  in  the  municipal bond industry, which notice shall state
    39  the terms of the sale. The comptroller may not change the terms  of  the
    40  sale  unless  notice  of such change is sent via a definitive trade wire
    41  service of the municipal bond industry which, in general,  makes  avail-
    42  able  information regarding activity and sales of municipal bonds and is
    43  generally available to participants in the municipal bond  industry,  at
    44  least  one  hour  prior  to  the  time  of  the sale as set forth in the
    45  original notice of sale. In so changing the terms  or  conditions  of  a
    46  sale  the comptroller may send notice by such wire service that the sale
    47  will be delayed by up to thirty days, provided that wire notice  of  the
    48  new  sale  date will be given at least one business day prior to the new
    49  time when bids will be accepted. In such event, no new  notice  of  sale
    50  shall  be  required  to  be published. Notwithstanding the provisions of
    51  section three hundred five of the state technology law or any other law,
    52  if the notice of sale contains  a  provision  that  bids  will  only  be
    53  accepted  electronically  in the manner provided in such notice of sale,
    54  the comptroller shall not be required to accept non-electronic  bids  in
    55  any  form.  Advertisements  shall contain a provision to the effect that
    56  the state comptroller, in his or her discretion, may reject any  or  all

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     1  bids  made in pursuance of such advertisements, and in the event of such
     2  rejection, the state comptroller is authorized to  negotiate  a  private
     3  sale  or  readvertise for bids in the form and manner above described as
     4  many  times  as,  in  his  or her judgment, may be necessary to effect a
     5  satisfactory sale. Notwithstanding  the  foregoing  provisions  of  this
     6  paragraph,  whenever in the judgment of the comptroller the interests of
     7  the state will be served thereby, he or she  may  sell  state  bonds  at
     8  private  sale at par, at par plus a premium, or at a discount. The comp-
     9  troller shall promulgate regulations governing the terms and  conditions
    10  of  any  such private sales, which regulations shall include a provision
    11  that he or she give notice to the governor, the temporary  president  of
    12  the  senate, and the speaker of the assembly, of his or her intention to
    13  conduct a private sale of obligations pursuant to this section not  less
    14  than [five] two business days prior to such sale or the execution of any
    15  binding agreement to effect such sale.
    16    §  49.  Subdivision  (a)  of section 211 of the civil practice law and
    17  rules, as amended by chapter 267 of the laws of 1970, is amended to read
    18  as follows:
    19    (a) On a bond. An action to recover principal or interest upon a writ-
    20  ten instrument evidencing an indebtedness of the state of New York or of
    21  any person, association or public  or  private  corporation,  originally
    22  sold  by  the  issuer after publication of an advertisement for bids for
    23  the issue in [a newspaper of general circulation] electronic or physical
    24  form and secured only by a pledge of the faith and credit of the issuer,
    25  regardless of whether a sinking fund is or may be  established  for  its
    26  redemption,  must  be  commenced  within twenty years after the cause of
    27  action accrues. This subdivision does not apply to actions upon  written
    28  instruments  evidencing  an indebtedness of any corporation, association
    29  or person under the jurisdiction of the public service  commission,  the
    30  commissioner  of transportation, the interstate commerce commission, the
    31  federal communications commission,  the  civil  aeronautics  board,  the
    32  federal power commission, or any other regulatory commission or board of
    33  a  state  or  of the federal government. This subdivision applies to all
    34  causes of action, including those barred on April  eighteenth,  nineteen
    35  hundred  fifty,  by the provisions of the civil practice act then effec-
    36  tive.
    37    § 50. The opening paragraph of subdivision 9 of section 8 of the state
    38  finance law, as separately amended by chapters 405 and 957 of  the  laws
    39  of 1981, is amended to read as follows:
    40    Make  a report to the legislature prior to the convening of its annual
    41  session, containing a complete statement of  every  fund  of  the  state
    42  including  every fund under the supervision or control of any department
    43  or any officer or division, bureau, commission, board or other organiza-
    44  tion therein from whatever source derived and whether or  not  deposited
    45  in the treasury, other than the funds of moneyed corporations or private
    46  bankers  in  liquidation  or rehabilitation, together with a citation of
    47  the statute authorizing the creation or establishment of each such fund,
    48  all balances of money and receipts and disbursements during the  preced-
    49  ing  fiscal year presented in accordance with the accounting principles,
    50  policies, and legislative intent, including but not limited  to  refunds
    51  of  appropriation, set forth in a budget bill enacted in accordance with
    52  Article VII of the State Constitution, a statement  of  each  object  of
    53  disbursement, the funds, if any, from which paid or to be paid, a sched-
    54  ule  by month of the investments of cash not needed for day to day oper-
    55  ations including but not limited to total investment income, the average
    56  daily invested balance and related yields for each fund, and a statement

        S. 7505--A                         108                        A. 9505--A

     1  of all claims against the state presented to him where no  provision  or
     2  an  insufficient provision for the payment thereof has been made by law,
     3  with the facts relating thereto and his opinion thereon, and  suggesting
     4  plans  for  the  improvement and management of the public resources, and
     5  containing such other information and recommendations  relating  to  the
     6  fiscal  affairs  of the state, as in his judgment should be communicated
     7  to the legislature, provided that:
     8    § 51. Paragraph a of subdivision 9-a of section 8 of the state finance
     9  law, as amended by chapter 551 of the laws of 1989, is amended  to  read
    10  as follows:
    11    a. Issue, on or before the fifteenth day of each month and cause to be
    12  published in the state register, a report including (1) a summary of the
    13  preceding  month's  investments  of cash not needed for day to day oper-
    14  ations including but not limited to total investment income, the average
    15  daily investment balance and related yield; and (2) a statement  setting
    16  forth briefly the several receipts of and disbursements from the general
    17  fund during the preceding month, and also the total of such receipts and
    18  disbursements from the beginning of the fiscal year to the close of such
    19  preceding  month  and the cash balance of the general fund, exclusive of
    20  receipts and disbursements on account of  temporary  borrowing,  at  the
    21  close  of  such  preceding  month,  provided that for state fiscal years
    22  beginning on or after April first, nineteen hundred eighty-two the comp-
    23  troller shall include in such reports the required information  for  all
    24  funds  and  fund types.  Such reports shall be prepared and presented in
    25  accordance with the accounting  principles,  policies,  and  legislative
    26  intent, including but not limited to refunds of appropriation, set forth
    27  in  a  budget  bill  enacted in accordance with Article VII of the State
    28  Constitution.
    29    § 52. The state finance law is amended by adding a new section 2-b  to
    30  read as follows:
    31    § 2-b. Additional definitions. As used in subdivisions nine and nine-a
    32  of  section  eight  of  this article, the following terms shall have the
    33  following meanings:
    34    1. "Refund of appropriation". Receipt of refunds, rebates,  reimburse-
    35  ments, credits, repayments, and/or disallowances, as defined herein, the
    36  office  of  the  state  comptroller  shall credit the refunded, rebated,
    37  reimbursed, credited, repaid, and disallowed amount back to the original
    38  appropriation and reduce expenditures in the year which such  credit  is
    39  received regardless of the timing of the initial expenditure.
    40    2.  "Refunds". Funds received to the state resulting from the overpay-
    41  ment of monies.
    42    3. "Rebates". Funds received to the state resulting a from return of a
    43  full or partial amount previously paid, as for goods or services,  serv-
    44  ing as a reduction, discount or rebate to the original payment amount.
    45    4.  "Reimbursements".  Funds  received to the state as repayment in an
    46  equivalent amount for goods or services, including but  not  limited  to
    47  personal  service  costs,  incurred  by  the state in the first instance
    48  being provided to a third party for their benefit and  partially  or  in
    49  full financed by such third party.
    50    5. "Credit". Monies made available to the state that reduce the amount
    51  owed  to  a  third  party,  including but not limited to billing errors,
    52  rebates, and prior overpayments.
    53    6. "Repayment".  The  return  of  monies  as  pay  back  for  expenses
    54  incurred.

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     1    7.  "Disallowance".  Monies  made available to the state that were not
     2  allowed or accepted officially by the intended  recipient,  based  on  a
     3  determination the payment is not acceptable and/or valid.
     4    §  53.  This  act shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2020; provided,
     6  however, that the provisions of sections one, one-a, two,  three,  four,
     7  five,  six,  seven, eight, twelve, thirteen, fourteen, fifteen, sixteen,
     8  seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-three, and
     9  twenty-four of this act shall expire March 31, 2021 when upon such  date
    10  the provisions of such sections shall be deemed repealed.

    11                                   PART WW

    12    Section 1. Section 2 and subdivision 7 of section 3 of part E of chap-
    13  ter  60  of  the laws of 2015, establishing a commission on legislative,
    14  judicial, and executive compensation, and providing for the  powers  and
    15  duties  of  the  commission  and  for the dissolution of the commission,
    16  subdivision 7 of section 3 as amended by section 1 of part VVV of  chap-
    17  ter 59 of the laws of 2019, are amended to read as follows:
    18    § 2. 1. (a) On the first of June of every fourth year, commencing June
    19  1,  2015,  there shall be established a commission on legislative, judi-
    20  cial and executive compensation to examine, evaluate and make  recommen-
    21  dations  with  respect to adequate levels of compensation and non-salary
    22  benefits for members of the legislature,  judges  and  justices  of  the
    23  state-paid  courts  of the unified court system, statewide elected offi-
    24  cials, and those state officers referred to in section 169 of the execu-
    25  tive law.
    26    (b) Notwithstanding any provision of this act  to  the  contrary,  the
    27  commission  established  in the year 2019 may examine, evaluate and make
    28  recommendations with respect to  adequate  levels  of  compensation  and
    29  non-salary  benefits for judges and justices of the state-paid courts of
    30  the unified court system during its examination of and making  recommen-
    31  dations for legislative and executive compensation in the year 2020.
    32    2.  (a) In accordance with the provisions of this section, the commis-
    33  sion shall examine: (1) the prevailing adequacy of pay levels and  other
    34  non-salary  benefits  received  by members of the legislature, statewide
    35  elected officials, and those state officers referred to in  section  169
    36  of the executive law; and
    37    (2)  the  prevailing  adequacy  of  pay levels and non-salary benefits
    38  received by the judges and justices of  the  state-paid  courts  of  the
    39  unified  court  system and housing judges of the civil court of the city
    40  of New York and determine whether any of such pay levels warrant adjust-
    41  ment; and
    42    (b) The commission shall determine whether: (1) for any  of  the  four
    43  years commencing on the first of April of such years, following the year
    44  in  which  the  commission  is  established or authorized by this act to
    45  evaluate and make recommendations on such salaries, the annual  salaries
    46  for  the  judges  and  justices  of the state-paid courts of the unified
    47  court system and housing judges of the civil court of the  city  of  New
    48  York warrant an increase; and
    49    (2)  on  the  first  of January after the November general election at
    50  which members of the state legislature are elected following the year in
    51  which the commission is established, and on the first of January follow-
    52  ing the next such election, the like annual salaries and  allowances  of
    53  members  of the legislature, and salaries of statewide elected officials

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     1  and state officers referred to in  section  169  of  the  executive  law
     2  warrant an increase.
     3    3.  In  discharging its responsibilities under subdivision two of this
     4  section, the commission shall take into account all appropriate  factors
     5  including,  but  not  limited to: the overall economic climate; rates of
     6  inflation; changes in public-sector spending; the levels of compensation
     7  and non-salary benefits  received  by  executive  branch  officials  and
     8  legislators of other states and of the federal government; the levels of
     9  compensation  and  non-salary  benefits  received  by  professionals  in
    10  government, academia and  private  and  nonprofit  enterprise;  and  the
    11  state's  ability  to fund increases in compensation and non-salary bene-
    12  fits.
    13    7. The commission shall make a report to the governor, the legislature
    14  and the chief judge of the state of its findings, conclusions,  determi-
    15  nations  and recommendations, if any, not later than the thirty-first of
    16  December of the year in which the commission is established for judicial
    17  compensation and the fifteenth of November the following year for legis-
    18  lative and executive compensation; provided, however, the report made by
    19  the commission in the  year  two  thousand  twenty  regarding  judicial,
    20  legislative  and  executive  compensation shall be issued not later than
    21  November 15, 2020.  Any findings, conclusions, determinations and recom-
    22  mendations in the report must be adopted  by  a  majority  vote  of  the
    23  commission  and shall also be supported by at least one member appointed
    24  by each appointing authority.  Each recommendation made to  implement  a
    25  determination  pursuant  to section two of this act shall have the force
    26  of law, and shall supersede, where appropriate, inconsistent  provisions
    27  of  article  7-B of the judiciary law, section 169 of the executive law,
    28  and sections 5 and 5-a of the legislative law, unless modified or  abro-
    29  gated  by  statute  prior  to  April  first of the year as to which such
    30  determination applies to judicial compensation and January first of  the
    31  year as to which such determination applies to legislative and executive
    32  compensation.
    33    § 2. This act shall take effect immediately.
    34    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    35  sion,  section  or  part  of  this act shall be adjudged by any court of
    36  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    37  impair,  or  invalidate  the remainder thereof, but shall be confined in
    38  its operation to the clause, sentence, paragraph,  subdivision,  section
    39  or part thereof directly involved in the controversy in which such judg-
    40  ment  shall  be  rendered. It is hereby declared to be the intent of the
    41  legislature that this act would have been enacted even if  such  invalid
    42  provisions had not been included herein.
    43    §  3.  This  act shall take effect immediately provided, however, that
    44  the applicable effective date of Parts A through WW of this act shall be
    45  as specifically set forth in the last section of such Parts.