STATE OF NEW YORK
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S. 7505--A A. 9505--A
SENATE - ASSEMBLY
January 22, 2020
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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
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sion of parole into the department of corrections and community super-
vision, in relation to the effectiveness thereof; to amend chapter 907
of the laws of 1984, amending the correction law, the New York city
criminal court act and the executive law relating to prison and jail
housing and alternatives to detention and incarceration programs, in
relation to extending the expiration of certain provisions of such
chapter; to amend chapter 166 of the laws of 1991, amending the tax
law and other laws relating to taxes, in relation to extending the
expiration of certain provisions of such chapter; to amend the vehicle
and traffic law, in relation to extending the expiration of the manda-
tory surcharge and victim assistance fee; to amend chapter 713 of the
laws of 1988, amending the vehicle and traffic law relating to the
ignition interlock device program, in relation to extending the expi-
ration thereof; to amend chapter 435 of the laws of 1997, amending the
military law and other laws relating to various provisions, in
relation to extending the expiration date of the merit provisions of
the correction law and the penal law of such chapter; to amend chapter
412 of the laws of 1999, amending the civil practice law and rules and
the court of claims act relating to prisoner litigation reform, in
relation to extending the expiration of the inmate filing fee
provisions of the civil practice law and rules and general filing fee
provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001, amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018 amending the criminal procedure law relating to pre-criminal
proceeding settlements in the city of New York, in relation to the
effectiveness thereof (Part A); to amend the correction law, in
relation to expanding the definition of internet identifiers and
establishing criminal personation by a sex offender (Part B); to amend
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the penal law, in relation to prohibiting the use of the intoxication
of a victim as defense to a criminal charge for sex crimes (Part C);
to amend section 7 of part Y of chapter 57 of the laws of 2018, amend-
ing the education law relating to persons practicing in certain
licensed programs or services who are exempt from practice require-
ments of professionals licensed by the department of education, in
relation to adding the division of criminal justice services to the
list of agencies not required to receive a waiver for entities provid-
ing certain professional services (Part D); to amend the state finance
law, in relation to establishing the district attorney discovery
compensation fund; and to amend the criminal procedure law, in
relation to monies recovered by county district attorneys before the
filing of an accusatory instrument (Part E); in relation to the
closure of correctional facility; and providing for the repeal of such
provisions upon expiration thereof (Part F); to amend the correction
law and the executive law, in relation to moving adolescent offenders
to the office of children and family services; to repeal paragraph
(a-1) of subdivision 4 of section 70.20 of the penal law and section
77 of the correction law relating thereto; to repeal paragraphs (a)
through (e) of section 508 of the executive law relating to a techni-
cal correction; and providing for the repeal of certain provisions
upon expiration thereof (Part G); to amend the state finance law, in
relation to directing the correctional industries program to provide
services in certain situations (Part H); to amend the tax law, in
relation to suspending the transfer of monies into the emergency
services revolving loan fund from the public safety communications
account (Part I); to amend the executive law, in relation to the age
of appointment for sworn members of the New York state police; and
providing for the repeal of such provisions upon expiration thereof
(Part J); to amend the penal law, in relation to the possession and
sale of firearm, rifle, and shotgun components (Part K); to amend the
executive law, in relation to administrative subpoenas (Part L); to
amend the criminal procedure law, in relation to establishing the safe
homes and families act (Part M); to amend the penal law, in relation
to firearm licenses (Part N); to amend the executive law, in relation
to the reporting of firearms (Part O); to amend the mental hygiene
law, in relation to sharing information from mental health profes-
sionals with other states (Part P); to amend the penal law, in
relation to establishing the crime of domestic violence (Part Q); to
amend the penal law and the criminal procedure law, in relation to
enacting the "New York Hate Crime Anti-Terrorism Act" (Part R); to
amend the civil service law, in relation to reimbursement for medicare
premium charges (Part S); to amend the civil practice law and rules
and the state finance law, in relation to the rate of interest to be
paid on judgement and accrued claims (Part T); to amend the civil
service law, in relation to capping the standard medicare premium
charge (Part U); to amend the civil service law, in relation to the
state's contribution to the cost of health insurance premiums for
future retirees of the state and their dependents (Part V); to amend
the civil service law, in relation to continuing to protect and
strengthen unions (Part W); to amend the state technology law and the
state finance law, in relation to authorizing comprehensive technology
service contracts (Part X); to amend the state finance law and the
state technology law, in relation to defining the term technology to
include computer information, electronic information, interconnected
systems and related material thereto (Part Y); to amend section 1 of
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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
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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:
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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.
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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.
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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
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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:
S. 7505--A 11 A. 9505--A
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
S. 7505--A 12 A. 9505--A
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
S. 7505--A 15 A. 9505--A
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-
S. 7505--A 72 A. 9505--A
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
S. 7505--A 73 A. 9505--A
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
S. 7505--A 89 A. 9505--A
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
S. 7505--A 94 A. 9505--A
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
S. 7505--A 95 A. 9505--A
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
S. 7505--A 101 A. 9505--A
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
S. 7505--A 102 A. 9505--A
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
S. 7505--A 103 A. 9505--A
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
S. 7505--A 104 A. 9505--A
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
S. 7505--A 106 A. 9505--A
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
S. 7505--A 107 A. 9505--A
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.
S. 7505--A 109 A. 9505--A
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
S. 7505--A 110 A. 9505--A
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.